Full Text of HB1187 103rd General Assembly
HB1187ham001 103RD GENERAL ASSEMBLY | Rep. Bob Morgan Filed: 2/27/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1187
| 2 | | AMENDMENT NO. ______. Amend House Bill 1187 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Emergency Management Agency Act | 5 | | is amended by changing Section 5 as follows:
| 6 | | (20 ILCS 3305/5) (from Ch. 127, par. 1055)
| 7 | | Sec. 5. Illinois Emergency Management Agency.
| 8 | | (a) There is created within the executive branch of the | 9 | | State Government an
Illinois Emergency Management Agency and a | 10 | | Director of the Illinois Emergency
Management Agency, herein | 11 | | called the "Director" who shall be the head thereof.
The | 12 | | Director shall be appointed by the Governor, with the advice | 13 | | and consent of
the Senate, and shall serve for a term of 2 | 14 | | years beginning on the third Monday
in January of the | 15 | | odd-numbered year, and until a successor is appointed and
has | 16 | | qualified; except that the term of the first Director |
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| 1 | | appointed under this
Act shall expire on the third Monday in | 2 | | January, 1989. The Director shall not
hold any other | 3 | | remunerative public office. For terms beginning after January | 4 | | 18, 2019 (the effective date of Public Act 100-1179) and | 5 | | before January 16, 2023, the annual salary of the Director | 6 | | shall be as provided in Section 5-300 of the Civil | 7 | | Administrative Code of Illinois. Notwithstanding any other | 8 | | provision of law, for terms beginning on or after January 16, | 9 | | 2023, the Director shall receive an annual salary of $180,000 | 10 | | or as set by the Governor, whichever is higher. On July 1, | 11 | | 2023, and on each July 1 thereafter, the Director shall | 12 | | receive an increase in salary based on a cost of living | 13 | | adjustment as authorized by Senate Joint Resolution 192 of the | 14 | | 86th General Assembly.
| 15 | | For terms beginning on or after January 16, 2023, the | 16 | | Assistant Director of the Illinois Emergency Management Agency | 17 | | shall receive an annual salary of $156,600 or as set by the | 18 | | Governor, whichever is higher. On July 1, 2023, and on each | 19 | | July 1 thereafter, the Assistant Director shall receive an | 20 | | increase in salary based on a cost of living adjustment as | 21 | | authorized by Senate Joint Resolution 192 of the 86th General | 22 | | Assembly. | 23 | | (b) The Illinois Emergency Management Agency shall obtain, | 24 | | under the
provisions of the Personnel Code, technical, | 25 | | clerical, stenographic and other
administrative personnel, and | 26 | | may make expenditures within the appropriation
therefor as may |
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| 1 | | be necessary to carry out the purpose of this Act. The agency
| 2 | | created by this Act is intended to be a successor to the agency | 3 | | created under
the Illinois Emergency Services and Disaster | 4 | | Agency Act of 1975 and the
personnel, equipment, records, and | 5 | | appropriations of that agency are
transferred to the successor | 6 | | agency as of June 30, 1988 (the effective date of this Act).
| 7 | | (c) The Director, subject to the direction and control of | 8 | | the Governor,
shall be the executive head of the Illinois | 9 | | Emergency Management Agency and
the State Emergency Response | 10 | | Commission and shall be responsible under the
direction of the | 11 | | Governor, for carrying out the program for emergency
| 12 | | management of this State. The Director shall also maintain | 13 | | liaison
and cooperate with
the emergency management | 14 | | organizations of this State and other states and of
the | 15 | | federal government.
| 16 | | (d) The Illinois Emergency Management Agency shall take an | 17 | | integral part in
the development and revision of political | 18 | | subdivision emergency operations
plans prepared under | 19 | | paragraph (f) of Section 10. To this end it shall employ
or | 20 | | otherwise secure the services of professional and technical | 21 | | personnel
capable of providing expert assistance to the | 22 | | emergency services and disaster
agencies. These personnel | 23 | | shall consult with emergency services and disaster
agencies on | 24 | | a regular basis and shall make field examinations of the | 25 | | areas,
circumstances, and conditions that particular political | 26 | | subdivision emergency
operations plans are intended to apply.
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| 1 | | (e) The Illinois Emergency Management Agency and political | 2 | | subdivisions
shall be encouraged to form an emergency | 3 | | management advisory committee composed
of private and public | 4 | | personnel representing the emergency management phases of
| 5 | | mitigation, preparedness, response, and recovery.
The Local | 6 | | Emergency Planning Committee, as created under the Illinois
| 7 | | Emergency
Planning and Community Right to Know Act, shall | 8 | | serve as
an advisory
committee to the emergency services and | 9 | | disaster agency or agencies serving
within the boundaries
of | 10 | | that Local Emergency Planning Committee planning district for:
| 11 | | (1) the development of emergency operations plan | 12 | | provisions for hazardous
chemical
emergencies; and
| 13 | | (2) the assessment of emergency response capabilities | 14 | | related to hazardous
chemical
emergencies.
| 15 | | (f) The Illinois Emergency Management Agency shall:
| 16 | | (1) Coordinate the overall emergency management | 17 | | program of the State.
| 18 | | (2) Cooperate with local governments, the federal | 19 | | government, and any
public or private agency or entity in | 20 | | achieving any purpose of this Act and
in implementing | 21 | | emergency management programs for mitigation, | 22 | | preparedness,
response, and recovery.
| 23 | | (2.5) Develop a comprehensive emergency preparedness | 24 | | and response plan for any nuclear
accident in accordance | 25 | | with Section 65 of the Nuclear Safety
Law of 2004 and in | 26 | | development of the
Illinois
Nuclear Safety Preparedness |
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| 1 | | program in accordance with Section 8 of the
Illinois | 2 | | Nuclear Safety Preparedness Act.
| 3 | | (2.6) Coordinate with the Department of Public Health
| 4 | | with respect to planning for and responding to public | 5 | | health emergencies.
| 6 | | (3) Prepare, for issuance by the Governor, executive | 7 | | orders,
proclamations, and regulations as necessary or | 8 | | appropriate in coping with
disasters.
| 9 | | (4) Promulgate rules and requirements for political | 10 | | subdivision
emergency operations plans that are not | 11 | | inconsistent with and are at least
as stringent as | 12 | | applicable federal laws and regulations.
| 13 | | (5) Review and approve, in accordance with Illinois | 14 | | Emergency Management
Agency rules, emergency operations
| 15 | | plans for those political subdivisions required to have an | 16 | | emergency services
and disaster agency pursuant to this | 17 | | Act.
| 18 | | (5.5) Promulgate rules and requirements for the | 19 | | political subdivision
emergency management
exercises, | 20 | | including, but not limited to, exercises of the emergency | 21 | | operations
plans.
| 22 | | (5.10) Review, evaluate, and approve, in accordance | 23 | | with Illinois
Emergency
Management
Agency rules, political | 24 | | subdivision emergency management exercises for those
| 25 | | political subdivisions
required to have an emergency | 26 | | services and disaster agency pursuant to this
Act.
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| 1 | | (6) Determine requirements of the State and its | 2 | | political
subdivisions
for food, clothing, and other | 3 | | necessities in event of a disaster.
| 4 | | (7) Establish a register of persons with types of | 5 | | emergency
management
training and skills in mitigation, | 6 | | preparedness, response, and recovery.
| 7 | | (8) Establish a register of government and private | 8 | | response
resources
available for use in a disaster.
| 9 | | (9) Expand the Earthquake Awareness Program and its | 10 | | efforts to
distribute earthquake preparedness materials to | 11 | | schools, political
subdivisions, community groups, civic | 12 | | organizations, and the media.
Emphasis will be placed on | 13 | | those areas of the State most at risk from an
earthquake. | 14 | | Maintain the list of all school districts, hospitals,
| 15 | | airports, power plants, including nuclear power plants, | 16 | | lakes, dams,
emergency response facilities of all types, | 17 | | and all other major public or
private structures which are | 18 | | at the greatest risk of damage from
earthquakes under | 19 | | circumstances where the damage would cause subsequent
harm | 20 | | to the surrounding communities and residents.
| 21 | | (10) Disseminate all information, completely and | 22 | | without
delay, on water
levels for rivers and streams and | 23 | | any other data pertaining to potential
flooding supplied | 24 | | by the Division of Water Resources within the Department | 25 | | of
Natural Resources to all political subdivisions to the | 26 | | maximum extent possible.
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| 1 | | (11) Develop agreements, if feasible, with medical | 2 | | supply and
equipment
firms to
supply resources as are | 3 | | necessary to respond to an earthquake or any other
| 4 | | disaster as defined in this Act. These resources will be | 5 | | made available
upon notifying the vendor of the disaster. | 6 | | Payment for the resources will
be in accordance with | 7 | | Section 7 of this Act. The Illinois Department of
Public | 8 | | Health shall determine which resources will be required | 9 | | and requested.
| 10 | | (11.5) In coordination with the Illinois State Police, | 11 | | develop and
implement a community outreach program to | 12 | | promote awareness among the State's
parents and children | 13 | | of child abduction prevention and response.
| 14 | | (12) Out of funds appropriated for these purposes, | 15 | | award capital and
non-capital grants to Illinois hospitals | 16 | | or health care facilities located
outside of a city with a | 17 | | population in excess of 1,000,000 to be used for
purposes | 18 | | that include, but are not limited to, preparing to respond | 19 | | to mass
casualties and disasters, maintaining and | 20 | | improving patient safety and
quality of care, and | 21 | | protecting the confidentiality of patient information.
No | 22 | | single grant for a capital expenditure shall exceed | 23 | | $300,000.
No single grant for a non-capital expenditure | 24 | | shall exceed $100,000.
In awarding such grants, preference | 25 | | shall be given to hospitals that serve
a significant | 26 | | number of Medicaid recipients, but do not qualify for
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| 1 | | disproportionate share hospital adjustment payments under | 2 | | the Illinois Public
Aid Code. To receive such a grant, a | 3 | | hospital or health care facility must
provide funding of | 4 | | at least 50% of the cost of the project for which the grant
| 5 | | is being requested.
In awarding such grants the Illinois | 6 | | Emergency Management Agency shall consider
the | 7 | | recommendations of the Illinois Hospital Association.
| 8 | | (13) Do all other things necessary, incidental or | 9 | | appropriate
for the implementation of this Act.
| 10 | | (g) The Illinois Emergency Management Agency is authorized | 11 | | to make grants to various higher education institutions, | 12 | | public K-12 school districts, area vocational centers as | 13 | | designated by the State Board of Education, inter-district | 14 | | special education cooperatives, regional safe schools, and | 15 | | nonpublic K-12 schools for safety and security improvements. | 16 | | For the purpose of this subsection (g), "higher education | 17 | | institution" means a public university, a public community | 18 | | college, or an independent, not-for-profit or for-profit | 19 | | higher education institution located in this State. Grants | 20 | | made under this subsection (g) shall be paid out of moneys | 21 | | appropriated for that purpose from the Build Illinois Bond | 22 | | Fund. The Illinois Emergency Management Agency shall adopt | 23 | | rules to implement this subsection (g). These rules may | 24 | | specify: (i) the manner of applying for grants; (ii) project | 25 | | eligibility requirements; (iii) restrictions on the use of | 26 | | grant moneys; (iv) the manner in which the various higher |
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| 1 | | education institutions must account for the use of grant | 2 | | moneys; and (v) any other provision that the Illinois | 3 | | Emergency Management Agency determines to be necessary or | 4 | | useful for the administration of this subsection (g). | 5 | | (g-5) The Illinois Emergency Management Agency is | 6 | | authorized to make grants to not-for-profit organizations | 7 | | which are exempt from federal income taxation under section | 8 | | 501(c)(3) of the Federal Internal Revenue Code for eligible | 9 | | security improvements that assist the organization in | 10 | | preventing, preparing for, or responding to threats, attacks, | 11 | | or acts of terrorism. To be eligible for a grant under the | 12 | | program, the Agency must determine that the organization is at | 13 | | a high risk of being subject to threats, attacks, or acts of | 14 | | terrorism based on the organization's profile, ideology, | 15 | | mission, or beliefs. Eligible security improvements shall | 16 | | include all eligible preparedness activities under the federal | 17 | | Nonprofit Security Grant Program, including, but not limited | 18 | | to, physical security upgrades, security training exercises, | 19 | | preparedness training exercises, contracting with security | 20 | | personnel, and any other security upgrades deemed eligible by | 21 | | the Director. Eligible security improvements shall not | 22 | | duplicate, in part or in whole, a project included under any | 23 | | awarded federal grant or in a pending federal application. The | 24 | | Director shall establish procedures and forms by which | 25 | | applicants may apply for a grant and procedures for | 26 | | distributing grants to recipients. Any security improvements |
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| 1 | | awarded shall remain at the physical property listed in the | 2 | | grant application, unless authorized by Agency rule or | 3 | | approved by the Agency in writing. The procedures shall | 4 | | require each applicant to do the following: | 5 | | (1) identify and substantiate prior or current | 6 | | threats , or attacks , or acts of terrorism by a terrorist | 7 | | organization, network, or cell against the not-for-profit | 8 | | organization; | 9 | | (2) indicate the symbolic or strategic value of one or | 10 | | more sites that renders the site a possible target of a | 11 | | threat, attack, or act of terrorism; | 12 | | (3) discuss potential consequences to the organization | 13 | | if the site is damaged, destroyed, or disrupted by a | 14 | | threat, attack, or act of terrorism terrorist act ; | 15 | | (4) describe how the grant will be used to integrate | 16 | | organizational preparedness with broader State and local | 17 | | preparedness efforts , as described by the Agency in each | 18 | | Notice of Opportunity for Funding ; | 19 | | (5) submit (i) a vulnerability assessment conducted by | 20 | | experienced security, law enforcement, or military | 21 | | personnel, or conducted using an Agency-approved or | 22 | | federal Nonprofit Security Grant Program self-assessment | 23 | | tool, and (ii) a description of how the grant award will be | 24 | | used to address the vulnerabilities identified in the | 25 | | assessment; and | 26 | | (6) submit any other relevant information as may be |
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| 1 | | required by the Director. | 2 | | The Agency is authorized to use funds appropriated for the | 3 | | grant program described in this subsection (g-5) to administer | 4 | | the program. Any Agency Notice of Opportunity for Funding, | 5 | | proposed or final rulemaking, guidance, training opportunity, | 6 | | or other resource related to the grant program must be | 7 | | published on the Agency's publicly available website, and any | 8 | | announcements related to funding shall be shared with all | 9 | | State legislative offices, the Governor's office, emergency | 10 | | services and disaster agencies mandated or required pursuant | 11 | | to subsections (b) through (d) of Section 10, and any other | 12 | | State agencies as determined by the Agency. Subject to | 13 | | appropriation, the grant application period shall be open for | 14 | | no less than 45 calendar days during the first application | 15 | | cycle each fiscal year, unless the Agency determines that a | 16 | | shorter period is necessary to avoid conflicts with the annual | 17 | | federal Nonprofit Security Grant Program funding cycle. | 18 | | Additional application cycles may be conducted during the same | 19 | | fiscal year, subject to availability of funds. Upon request, | 20 | | Agency staff shall provide reasonable assistance to any | 21 | | applicant in completing a grant application or meeting a | 22 | | post-award requirement. | 23 | | (h) Except as provided in Section 17.5 of this Act, any | 24 | | moneys received by the Agency from donations or sponsorships | 25 | | unrelated to a disaster shall be deposited in the Emergency | 26 | | Planning and Training Fund and used by the Agency, subject to |
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| 1 | | appropriation, to effectuate planning and training activities. | 2 | | Any moneys received by the Agency from donations during a | 3 | | disaster and intended for disaster response or recovery shall | 4 | | be deposited into the Disaster Response and Recovery Fund and | 5 | | used for disaster response and recovery pursuant to the | 6 | | Disaster Relief Act. | 7 | | (i) The Illinois Emergency Management Agency may by rule | 8 | | assess and collect reasonable fees for attendance at | 9 | | Agency-sponsored conferences to enable the Agency to carry out | 10 | | the requirements of this Act. Any moneys received under this | 11 | | subsection shall be deposited in the Emergency Planning and | 12 | | Training Fund and used by the Agency, subject to | 13 | | appropriation, for planning and training activities. | 14 | | (j) The Illinois Emergency Management Agency is authorized | 15 | | to make grants to other State agencies, public universities, | 16 | | units of local government, and statewide mutual aid | 17 | | organizations to enhance statewide emergency preparedness and | 18 | | response. | 19 | | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | 20 | | 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23.)".
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