SB3240 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3240

 

Introduced 2/6/2024, by Sen. Mike Porfirio

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3305/1  from Ch. 127, par. 1051
20 ILCS 3305/2  from Ch. 127, par. 1052
20 ILCS 3305/4  from Ch. 127, par. 1054
20 ILCS 3305/5  from Ch. 127, par. 1055
20 ILCS 3305/6  from Ch. 127, par. 1056
20 ILCS 3305/7  from Ch. 127, par. 1057
20 ILCS 3305/8  from Ch. 127, par. 1058
20 ILCS 3305/10  from Ch. 127, par. 1060
20 ILCS 3305/12  from Ch. 127, par. 1062
20 ILCS 3305/14  from Ch. 127, par. 1064
20 ILCS 3305/18  from Ch. 127, par. 1068
20 ILCS 3305/20  from Ch. 127, par. 1070
20 ILCS 3305/23
20 ILCS 3305/24 new
20 ILCS 3305/25 new

    Amends the Illinois Emergency Management Agency Act. Retitles the Act and adds provisions regarding the newly renamed Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS). Adds responsibilities for IEMA-OHS with respect to nuclear and radiation safety. Provides for the appointment of a cabinet-level Homeland Security Advisor and a Deputy Homeland Security Advisor. Provides for the creation of an Illinois Homeland Security Advisory Council, and assigns the Council duties. Provides for the creation of the position of Statewide Interoperability Coordinator and assigns it duties. Adds and amends definitions.


LRB103 38061 BDA 68193 b

 

 

A BILL FOR

 

SB3240LRB103 38061 BDA 68193 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Emergency Management Agency Act is
5amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 10, 12, 14,
618, 20, and 23 and by adding Sections 24 and 25 as follows:
 
7    (20 ILCS 3305/1)  (from Ch. 127, par. 1051)
8    Sec. 1. Short Title. This Act may be cited as the IEMA-OHS
9Illinois Emergency Management Agency Act.
10(Source: P.A. 87-168.)
 
11    (20 ILCS 3305/2)  (from Ch. 127, par. 1052)
12    Sec. 2. Policy and Purposes.
13    (a) Because of the possibility of the occurrence of
14disasters of unprecedented size and destructiveness resulting
15from the explosion in this or in neighboring states of atomic
16or other means from without or by means of sabotage or other
17disloyal actions within, or from fire, flood, earthquake,
18telecommunications failure, or other natural or technological
19causes, and in order to insure that this State will be prepared
20to and will adequately deal with any disasters, preserve the
21lives and property of the people of this State and protect the
22public peace, health, and safety in the event of a disaster, it

 

 

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1is found and declared to be necessary:
2        (1) To create a State emergency management and
3    homeland security agency an Illinois Emergency Management
4    Agency and to authorize emergency management and homeland
5    security programs within the political subdivisions of the
6    State.
7        (2) To confer upon the Governor and upon the principal
8    executive officer of the political subdivisions of the
9    State the powers provided herein.
10        (3) To provide for the rendering of mutual aid among
11    the political subdivisions and taxing districts of the
12    State and with other states and with respect to the
13    carrying out of an emergency management and homeland
14    security programs program.
15    (b) It is further declared to be the purpose of this Act
16and the policy of the State that all emergency management and
17homeland security programs of this State be coordinated to the
18maximum extent with the comparable programs of the federal
19government, including its various departments and agencies, of
20other states and localities and private agencies of every
21type, to the end that the most effective preparation and use
22may be made of the nation's resources and facilities for
23dealing with any disaster that may occur.
24(Source: P.A. 87-168; 88-606, eff. 1-1-95.)
 
25    (20 ILCS 3305/4)  (from Ch. 127, par. 1054)

 

 

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1    Sec. 4. Definitions. As used in this Act, unless the
2context clearly indicates otherwise, the following words and
3terms have the meanings ascribed to them in this Section:
4    "Coordinator" means the staff assistant to the principal
5executive officer of a political subdivision with the duty of
6coordinating the emergency management programs of that
7political subdivision.
8    "Cyber incident" means an event occurring on or conducted
9through a computer network that actually or imminently
10jeopardizes the integrity, confidentiality, or availability of
11computers, information or communications systems or networks,
12physical or virtual infrastructure controlled by computers or
13information systems, or information resident thereon that
14affect or control infrastructure or communications networks
15utilized by the public. "Cyber incident" includes a
16vulnerability in information systems, system security
17procedures, internal controls, or implementations that could
18be exploited by a threat source that affect or control
19infrastructure or communications networks utilized by the
20public.
21    "Disaster" means an occurrence or threat of widespread or
22severe damage, injury or loss of life or property resulting
23from any natural, technological, or human cause, including but
24not limited to fire, flood, earthquake, wind, storm, hazardous
25materials spill or other water contamination requiring
26emergency action to avert danger or damage, epidemic, air

 

 

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1contamination, blight, extended periods of severe and
2inclement weather, drought, infestation, critical shortages of
3essential fuels and energy, explosion, riot, hostile military
4or paramilitary action, public health emergencies, cyber
5incidents, or acts of domestic terrorism.
6    "Emergency Management" means the efforts of the State and
7the political subdivisions to develop, plan, analyze, conduct,
8provide, implement and maintain programs for disaster
9mitigation, preparedness, response and recovery.
10    "Emergency Services and Disaster Agency" means the agency
11by this name, by the name Emergency Management Agency, or by
12any other name that is established by ordinance within a
13political subdivision to coordinate the emergency management
14program within that political subdivision and with private
15organizations, other political subdivisions, the State and
16federal governments.
17    "Emergency Operations Plan" means the written plan of the
18State and political subdivisions describing the organization,
19mission, and functions of the government and supporting
20services for responding to and recovering from disasters and
21shall include plans that take into account the needs of those
22individuals with household pets and service animals following
23a major disaster or emergency.
24    "Emergency Services" means the coordination of functions
25by the State and its political subdivisions subdivision, other
26than functions for which military forces are primarily

 

 

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1responsible, as may be necessary or proper to prevent,
2minimize, repair, and alleviate injury and damage resulting
3from any natural or technological causes. These functions
4include, without limitation, fire fighting services, police
5services, emergency aviation services, medical and health
6services, HazMat and technical rescue teams, rescue,
7engineering, warning services, communications, radiological,
8chemical and other special weapons defense, evacuation of
9persons from stricken or threatened areas, emergency assigned
10functions of plant protection, temporary restoration of public
11utility services and other functions related to civilian
12protection, together with all other activities necessary or
13incidental to protecting life or property.
14    "Exercise" means an event or activity delivered through
15discussion or action to develop, assess, or validate
16capabilities to achieve planned objectives. a planned event
17realistically simulating a disaster, conducted for the purpose
18of evaluating the political subdivision's coordinated
19emergency management capabilities, including, but not limited
20to, testing the emergency operations plan.
21    "HazMat team" means a career or volunteer mobile support
22team that has been authorized by a unit of local government to
23respond to hazardous materials emergencies and that is
24primarily designed for emergency response to chemical or
25biological terrorism, radiological emergencies, hazardous
26material spills, releases, or fires, or other contamination

 

 

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1events.
2    "Illinois Emergency Management Agency and Office of
3Homeland Security" or "Agency" means the agency established by
4this Act within the executive branch of State Government
5responsible for coordination of the overall emergency
6management and homeland security programs program of the State
7and with private organizations, political subdivisions, and
8the federal government. Illinois Emergency Management Agency
9and Office of Homeland Security also means the State Emergency
10Response Commission responsible for the implementation of
11Title III of the Superfund Amendments and Reauthorization Act
12of 1986.
13    "Interoperable communications" means the ability of
14emergency response providers and relevant State and local
15government agencies to communicate through a dedicated public
16safety network using information technology systems and radio
17communications systems and to exchange voice, data, and video
18on demand in real time.
19    "Mobile Support Team" means a group of individuals
20designated as a team by the Governor or Director to train prior
21to and to be dispatched, if the Governor or the Director so
22determines, to aid and reinforce the State and political
23subdivision emergency management efforts in response to a
24disaster.
25    "Municipality" means any city, village, and incorporated
26town.

 

 

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1    "Political Subdivision" means any county, city, village,
2or incorporated town or township if the township is in a county
3having a population of more than 2,000,000.
4    "Principal Executive Officer" means chair of the county
5board, supervisor of a township if the township is in a county
6having a population of more than 2,000,000, mayor of a city or
7incorporated town, president of a village, or in their absence
8or disability, the interim successor as established under
9Section 7 of the Emergency Interim Executive Succession Act.
10    "Public health emergency" means an occurrence or imminent
11threat of an illness or health condition that:
12        (a) is believed to be caused by any of the following:
13            (i) bioterrorism;
14            (ii) the appearance of a novel or previously
15        controlled or eradicated infectious agent or
16        biological toxin;
17            (iii) a natural disaster;
18            (iv) a chemical attack or accidental release; or
19            (v) a nuclear attack or accident; and
20        (b) poses a high probability of any of the following
21    harms:
22            (i) a large number of deaths in the affected
23        population;
24            (ii) a large number of serious or long-term
25        disabilities in the affected population; or
26            (iii) widespread exposure to an infectious or

 

 

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1        toxic agent that poses a significant risk of
2        substantial future harm to a large number of people in
3        the affected population.
4    "Statewide mutual aid organization" means an entity with
5local government members throughout the State that facilitates
6temporary assistance through its members in a particular
7public safety discipline, such as police, fire or emergency
8management, when an occurrence exceeds a member jurisdiction's
9capabilities.
10    "Technical rescue team" means a career or volunteer mobile
11support team that has been authorized by a unit of local
12government to respond to building collapse, high angle rescue,
13and other specialized rescue emergencies and that is primarily
14designated for emergency response to technical rescue events.
15(Source: P.A. 102-485, eff. 8-20-21.)
 
16    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
17    Sec. 5. Illinois Emergency Management Agency and Office of
18Homeland Security.
19    (a) Establishment of the Illinois Emergency Management
20Agency and Office of Homeland Security. There is created
21within the executive branch of the State Government an
22Illinois Emergency Management Agency and Office of Homeland
23Security and a Director of the Illinois Emergency Management
24Agency and Office of Homeland Security, herein called the
25"Director" who shall be the head thereof. The Director shall

 

 

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1be appointed by the Governor, with the advice and consent of
2the Senate, and shall serve for a term of 2 years beginning on
3the third Monday in January of the odd-numbered year, and
4until a successor is appointed and has qualified; except that
5the term of the first Director appointed under this Act shall
6expire on the third Monday in January, 1989. The Director
7shall not hold any other remunerative public office. For terms
8beginning after January 18, 2019 (the effective date of Public
9Act 100-1179) and before January 16, 2023, the annual salary
10of the Director shall be as provided in Section 5-300 of the
11Civil Administrative Code of Illinois. Notwithstanding any
12other provision of law, for terms beginning on or after
13January 16, 2023, the Director shall receive an annual salary
14of $180,000 or as set by the Governor, whichever is higher. On
15July 1, 2023, and on each July 1 thereafter, the Director shall
16receive an increase in salary based on a cost of living
17adjustment as authorized by Senate Joint Resolution 192 of the
1886th General Assembly.
19    For terms beginning on or after January 16, 2023, the
20Assistant Director of the Illinois Emergency Management Agency
21shall receive an annual salary of $156,600 or as set by the
22Governor, whichever is higher. On July 1, 2023, and on each
23July 1 thereafter, the Assistant Director shall receive an
24increase in salary based on a cost of living adjustment as
25authorized by Senate Joint Resolution 192 of the 86th General
26Assembly.

 

 

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1    (b) Agency personnel. The Illinois Emergency Management
2Agency shall obtain, under the provisions of the Personnel
3Code, technical, clerical, stenographic and other
4administrative personnel, and may make expenditures within the
5appropriation therefor as may be necessary to carry out the
6purpose of this Act. The agency created by this Act is intended
7to be a successor to the agency created under the Illinois
8Emergency Services and Disaster Agency Act of 1975 and the
9personnel, equipment, records, and appropriations of that
10agency are transferred to the successor agency as of June 30,
111988 (the effective date of this Act).
12    (c) Responsibilities of the Director. The Director,
13subject to the direction and control of the Governor, shall be
14the executive head of the Illinois Emergency Management Agency
15and the State Emergency Response Commission and shall be
16responsible under the direction of the Governor, for carrying
17out the programs program for emergency management, nuclear and
18radiation safety, and homeland security of this State. The
19Director shall also maintain liaison and cooperate with the
20emergency management, nuclear and radiation safety, and
21homeland security organizations of this State and other states
22and of the federal government.
23    (d) Agency's participation in local emergency operations
24planning. The Illinois Emergency Management Agency shall take
25an integral part in the development and revision of political
26subdivision emergency operations plans prepared under

 

 

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1paragraph (f) of Section 10. To this end it shall employ or
2otherwise secure the services of professional and technical
3personnel capable of providing expert assistance to the
4emergency services and disaster agencies. These personnel
5shall consult with emergency services and disaster agencies on
6a regular basis and shall make field examinations of the
7areas, circumstances, and conditions that particular political
8subdivision emergency operations plans are intended to apply.
9    (e) Establishment of the Emergency Management Advisory
10Committee. The Illinois Emergency Management Agency and
11political subdivisions shall be encouraged to form an
12emergency management advisory committee composed of private
13and public personnel representing the emergency management
14phases of mitigation, preparedness, response, and recovery.
15The Local Emergency Planning Committee, as created under the
16Illinois Emergency Planning and Community Right to Know Act,
17shall serve as an advisory committee to the emergency services
18and disaster agency or agencies serving within the boundaries
19of that Local Emergency Planning Committee planning district
20for:
21        (1) the development of emergency operations plan
22    provisions for hazardous chemical emergencies; and
23        (2) the assessment of emergency response capabilities
24    related to hazardous chemical emergencies.
25    (f) Emergency management responsibilities of the Agency.
26The Illinois Emergency Management Agency shall:

 

 

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1        (1) Coordinate the overall emergency management
2    program of the State.
3        (2) Cooperate with local governments, the federal
4    government, and any public or private agency or entity in
5    achieving any purpose of this Act and in implementing
6    emergency management programs for mitigation,
7    preparedness, response, and recovery.
8        (2.5) (Blank). Develop a comprehensive emergency
9    preparedness and response plan for any nuclear accident in
10    accordance with Section 65 of the Nuclear Safety Law of
11    2004 and in development of the Illinois Nuclear Safety
12    Preparedness program in accordance with Section 8 of the
13    Illinois Nuclear Safety Preparedness Act.
14        (2.6) Coordinate with the Department of Public Health
15    with respect to planning for and responding to public
16    health emergencies.
17        (3) Prepare, for issuance by the Governor, executive
18    orders, proclamations, and regulations as necessary or
19    appropriate in coping with disasters.
20        (4) Promulgate rules and requirements for political
21    subdivision emergency operations plans that are not
22    inconsistent with and are at least as stringent as
23    applicable federal laws and regulations.
24        (5) Review and approve, in accordance with Illinois
25    Emergency Management Agency rules, emergency operations
26    plans for those political subdivisions required to have an

 

 

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1    emergency services and disaster agency pursuant to this
2    Act.
3        (5.5) Promulgate rules and requirements for the
4    political subdivision emergency management exercises,
5    including, but not limited to, exercises of the emergency
6    operations plans.
7        (5.10) Review, evaluate, and approve, in accordance
8    with Illinois Emergency Management Agency rules, political
9    subdivision emergency management exercises for those
10    political subdivisions required to have an emergency
11    services and disaster agency pursuant to this Act.
12        (6) Determine requirements of the State and its
13    political subdivisions for food, clothing, and other
14    necessities in event of a disaster.
15        (7) Establish a register of persons with types of
16    emergency management training and skills in mitigation,
17    preparedness, response, and recovery.
18        (8) Establish a register of government and private
19    response resources available for use in a disaster.
20        (9) Expand the Earthquake Awareness Program and its
21    efforts to distribute earthquake preparedness materials to
22    schools, political subdivisions, community groups, civic
23    organizations, and the media. Emphasis will be placed on
24    those areas of the State most at risk from an earthquake.
25    Maintain the list of all school districts, hospitals,
26    airports, power plants, including nuclear power plants,

 

 

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1    lakes, dams, emergency response facilities of all types,
2    and all other major public or private structures which are
3    at the greatest risk of damage from earthquakes under
4    circumstances where the damage would cause subsequent harm
5    to the surrounding communities and residents.
6        (10) Disseminate all information, completely and
7    without delay, on water levels for rivers and streams and
8    any other data pertaining to potential flooding supplied
9    by the Division of Water Resources within the Department
10    of Natural Resources to all political subdivisions to the
11    maximum extent possible.
12        (11) Develop agreements, if feasible, with medical
13    supply and equipment firms to supply resources as are
14    necessary to respond to an earthquake or any other
15    disaster as defined in this Act. These resources will be
16    made available upon notifying the vendor of the disaster.
17    Payment for the resources will be in accordance with
18    Section 7 of this Act. The Illinois Department of Public
19    Health shall determine which resources will be required
20    and requested.
21        (11.5) In coordination with the Illinois State Police,
22    develop and implement a community outreach program to
23    promote awareness among the State's parents and children
24    of child abduction prevention and response.
25        (12) Out of funds appropriated for these purposes,
26    award capital and non-capital grants to Illinois hospitals

 

 

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1    or health care facilities located outside of a city with a
2    population in excess of 1,000,000 to be used for purposes
3    that include, but are not limited to, preparing to respond
4    to mass casualties and disasters, maintaining and
5    improving patient safety and quality of care, and
6    protecting the confidentiality of patient information. No
7    single grant for a capital expenditure shall exceed
8    $300,000. No single grant for a non-capital expenditure
9    shall exceed $100,000. In awarding such grants, preference
10    shall be given to hospitals that serve a significant
11    number of Medicaid recipients, but do not qualify for
12    disproportionate share hospital adjustment payments under
13    the Illinois Public Aid Code. To receive such a grant, a
14    hospital or health care facility must provide funding of
15    at least 50% of the cost of the project for which the grant
16    is being requested. In awarding such grants, the Illinois
17    Emergency Management Agency shall consider the
18    recommendations of the Illinois Hospital Association.
19        (13) (Blank). Do all other things necessary,
20    incidental or appropriate for the implementation of this
21    Act.
22    (g) Agency's security improvement grants to educational
23institutions. The Illinois Emergency Management Agency is
24authorized to make grants to various higher education
25institutions, public K-12 school districts, area vocational
26centers as designated by the State Board of Education,

 

 

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1inter-district special education cooperatives, regional safe
2schools, and nonpublic K-12 schools for safety and security
3improvements. For the purpose of this subsection (g), "higher
4education institution" means a public university, a public
5community college, or an independent, not-for-profit or
6for-profit higher education institution located in this State.
7Grants made under this subsection (g) shall be paid out of
8moneys appropriated for that purpose from the Build Illinois
9Bond Fund. The Illinois Emergency Management Agency shall
10adopt rules to implement this subsection (g). These rules may
11specify: (1) (i) the manner of applying for grants; (2) (ii)
12project eligibility requirements; (3) (iii) restrictions on
13the use of grant moneys; (4) (iv) the manner in which the
14various higher education institutions must account for the use
15of grant moneys; and (5) (v) any other provision that the
16Illinois Emergency Management Agency determines to be
17necessary or useful for the administration of this subsection
18(g).
19    (g-5) Agency's security improvement grants to
20not-for-profit organizations. The Illinois Emergency
21Management Agency is authorized to make grants to
22not-for-profit organizations which are exempt from federal
23income taxation under section 501(c)(3) of the Federal
24Internal Revenue Code for eligible security improvements that
25assist the organization in preventing, preparing for, or
26responding to threats, attacks, or acts of terrorism. To be

 

 

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1eligible for a grant under the program, the Agency must
2determine that the organization is at a high risk of being
3subject to threats, attacks, or acts of terrorism based on the
4organization's profile, ideology, mission, or beliefs.
5Eligible security improvements shall include all eligible
6preparedness activities under the federal Nonprofit Security
7Grant Program, including, but not limited to, physical
8security upgrades, security training exercises, preparedness
9training exercises, contracting with security personnel, and
10any other security upgrades deemed eligible by the Director.
11Eligible security improvements shall not duplicate, in part or
12in whole, a project included under any awarded federal grant
13or in a pending federal application. The Director shall
14establish procedures and forms by which applicants may apply
15for a grant and procedures for distributing grants to
16recipients. Any security improvements awarded shall remain at
17the physical property listed in the grant application, unless
18authorized by Agency rule or approved by the Agency in
19writing. The procedures shall require each applicant to do the
20following:
21        (1) identify and substantiate prior or current
22    threats, attacks, or acts of terrorism against the
23    not-for-profit organization;
24        (2) indicate the symbolic or strategic value of one or
25    more sites that renders the site a possible target of a
26    threat, attack, or act of terrorism;

 

 

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1        (3) discuss potential consequences to the organization
2    if the site is damaged, destroyed, or disrupted by a
3    threat, attack, or act of terrorism;
4        (4) describe how the grant will be used to integrate
5    organizational preparedness with broader State and local
6    preparedness efforts, as described by the Agency in each
7    Notice of Opportunity for Funding;
8        (5) submit (i) a vulnerability assessment conducted by
9    experienced security, law enforcement, or military
10    personnel, or conducted using an Agency-approved or
11    federal Nonprofit Security Grant Program self-assessment
12    tool, and (ii) a description of how the grant award will be
13    used to address the vulnerabilities identified in the
14    assessment; and
15        (6) submit any other relevant information as may be
16    required by the Director.
17    The Agency is authorized to use funds appropriated for the
18grant program described in this subsection (g-5) to administer
19the program.
20    (g-10) Agency's homeland security duties. The Agency shall
21be responsible for homeland security as follows:
22        (1) A Homeland Security Advisor shall be appointed by
23    the Governor, by and with the advice and consent of the
24    Senate, shall report to the Governor, and shall be a
25    member of the Governor's Cabinet. The Homeland Security
26    Advisor shall be responsible for:

 

 

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1            (A) advising the Governor or the Governor's
2        designees on matters of homeland security, as well as
3        coordinating Illinois' homeland security and
4        preparedness efforts across all levels of government,
5        in order to protect the people and critical
6        infrastructure of Illinois;
7            (B) coordinating a uniform and cooperative
8        statewide, strategic response to homeland security
9        threats as defined by, and in the sole discretion of,
10        the Governor;
11            (C) coordinating and providing policy
12        recommendations to the Governor and other State
13        agencies on all matters pertaining to homeland
14        security;
15            (D) calling upon the expertise and assistance of
16        all State agencies, commissions, and boards to carry
17        out their mission in support of the State's homeland
18        security efforts; each State agency, commission, or
19        board shall be required, to the extent not
20        inconsistent with law, to cooperate with the Homeland
21        Security Advisor; to facilitate a unified State
22        strategy on matters of homeland security, all State
23        agencies, boards, and commissions shall provide
24        briefings to the Homeland Security Advisor regularly
25        and upon request;
26            (E) serving as the State's primary liaison with

 

 

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1        all federal agencies pertaining to homeland security
2        matters for the State;
3            (F) consistent with the United States Department
4        of Homeland Security standard operating procedures and
5        guidance, the Homeland Security Advisor shall oversee
6        and approve of security clearance requests for State
7        personnel sent to the federal government for final
8        adjudication, except that the Homeland Security
9        Advisor shall coordinate with Illinois State Police on
10        such clearance requests for law enforcement personnel;
11        and
12            (G) performing such other duties related to
13        homeland security as directed by the Governor or the
14        Governor's designees.
15        (2) A Deputy Homeland Security Advisor, reporting to
16    the Homeland Security Advisor, shall be recommended by the
17    Homeland Security Advisor to and appointed by the
18    Governor. The Deputy Homeland Security Advisor shall be
19    responsible for:
20            (A) assuming responsibilities of the Homeland
21        Security Advisor as needed or directed by the Governor
22        or Homeland Security Advisor;
23            (B) serving as the Deputy Director of the Office
24        of Homeland Security at the Agency;
25            (C) the development and execution of the State's
26        unified homeland security strategy;

 

 

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1            (D) serving as a representative of the Homeland
2        Security Advisor, State, and the Agency's Office of
3        Homeland Security with all State agencies,
4        commissions, and boards as it pertains to matters of
5        homeland security; and
6            (E) serving as a representative of the Homeland
7        Security Advisor and State with all federal agencies
8        for matters pertaining to homeland security.
9        (3) The Homeland Security Advisor or Deputy Homeland
10    Security Advisor shall provide briefings to the Governor
11    and Lieutenant Governor as directed.
12        (4) The Agency shall coordinate with and provide
13    administrative support for the Homeland Security Advisor
14    and house the State's Office of Homeland Security. The
15    Agency's Director shall coordinate with the Homeland
16    Security Advisor to ensure the duties and actions of the
17    Office of Homeland Security are aligned with the State's
18    homeland security strategic goals and priorities.
19        (5) The Agency, through its Office of Homeland
20    Security, shall have the following duties:
21            (A) support the Homeland Security Advisor in the
22        administration and coordination of homeland security
23        and preparedness efforts across all levels of
24        government to protect the people and critical
25        infrastructure of Illinois;
26            (B) oversee, plan, and distribute State and

 

 

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1        federal funding for homeland security on the basis of
2        risk, threat, and vulnerability to ensure the most
3        effective use of limited resources, and guarantee that
4        funds are used for appropriate and necessary purposes;
5            (C) reviews all proposed State legislation
6        pertaining to homeland security matters and shall
7        report to the Homeland Security Advisor about such
8        proposed legislation; the Office shall also review
9        existing legislation and may recommend modifications,
10        amendments, or initiatives to support or enhance the
11        State's homeland security and preparedness
12        capabilities;
13            (D) ensure the implementation of the strategic
14        response and policy recommendations of the Governor
15        and Homeland Security Advisor pertaining to all
16        matters of homeland security;
17            (E) coordinate with all State agencies,
18        commissions, and boards, regarding the matters of
19        homeland security;
20            (F) coordinate with the Illinois State Police to
21        provide the United States Department of Homeland
22        Security with relevant reporting metrics and data
23        pertaining to the State;
24            (G) develop, at the direction of the Homeland
25        Security Advisor, and in cooperation with the Illinois
26        State Police and other appropriate State agencies,

 

 

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1        appropriate protocols, staffing, training, and
2        equipment guidelines for the weapons of mass
3        destruction teams that the Governor, or the Governor's
4        designee, may deploy in the event or threat of a
5        disaster;
6            (H) lead the State's homeland security public
7        education and risk communication messaging; and
8            (I) adopt rules necessary for implementation of
9        homeland security programs.
10    (g-15) Agency's nuclear and radiation safety duties. The
11Agency shall be responsible for nuclear and radiation safety
12as follows:
13        (1) The Agency shall exercise, administer, and enforce
14    all rights, powers, and duties for nuclear and radiation
15    safety authorized in the Nuclear Safety Law of 2004.
16        (2) The Agency shall develop a comprehensive emergency
17    preparedness and response plan for any nuclear accident in
18    accordance with Section 65 of the Nuclear Safety Law of
19    2004 and an Illinois nuclear safety preparedness program
20    in accordance with Section 8 of the Illinois Nuclear
21    Safety Preparedness Act.
22        (3) The Agency shall have the right to enter on public
23    and private property in order to take soil and air samples
24    for response to a disaster that causes radioactive
25    contamination.
26    Any Agency Notice of Opportunity for Funding, proposed or

 

 

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1final rulemaking, guidance, training opportunity, or other
2resource related to the grant program must be published on the
3Agency's publicly available website, and any announcements
4related to funding shall be shared with all State legislative
5offices, the Governor's office, emergency services and
6disaster agencies mandated or required pursuant to subsections
7(b) through (d) of Section 10, and any other State agencies as
8determined by the Agency. Subject to appropriation, the grant
9application period shall be open for no less than 45 calendar
10days during the first application cycle each fiscal year,
11unless the Agency determines that a shorter period is
12necessary to avoid conflicts with the annual federal Nonprofit
13Security Grant Program funding cycle. Additional application
14cycles may be conducted during the same fiscal year, subject
15to availability of funds. Upon request, Agency staff shall
16provide reasonable assistance to any applicant in completing a
17grant application or meeting a post-award requirement.
18    (h) Emergency Planning and Training Fund and Disaster
19Response and Recovery Fund. Except as provided in Section 17.5
20of this Act, any moneys received by the Agency from donations
21or sponsorships unrelated to a disaster shall be deposited in
22the Emergency Planning and Training Fund and used by the
23Agency, subject to appropriation, to effectuate planning and
24training activities. Any moneys received by the Agency from
25donations during a disaster and intended for disaster response
26or recovery shall be deposited into the Disaster Response and

 

 

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1Recovery Fund and used for disaster response and recovery
2pursuant to the Disaster Relief Act.
3    (i) Fees. The Illinois Emergency Management Agency may by
4rule assess and collect reasonable fees for attendance at
5Agency-sponsored conferences to enable the Agency to carry out
6the requirements of this Act. Any moneys received under this
7subsection shall be deposited in the Emergency Planning and
8Training Fund and used by the Agency, subject to
9appropriation, for planning and training activities.
10    (j) Other grant-making powers. The Illinois Emergency
11Management Agency is authorized to make grants to other State
12agencies, public universities, units of local government, and
13statewide mutual aid organizations to enhance statewide
14emergency preparedness and response.
15    (k) Agency's responsibility to implement and administer
16the Act. The Agency shall do all other things necessary,
17incidental or appropriate for the implementation of this Act,
18including the adoption of rules in accordance with the
19Illinois Administrative Procedure Act.
20(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
21102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.
221-1-24.)
 
23    (20 ILCS 3305/6)  (from Ch. 127, par. 1056)
24    Sec. 6. Emergency Management Powers of the Governor.
25    (a) The Governor shall have general direction and control

 

 

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1of the Illinois Emergency Management Agency and shall be
2responsible for the carrying out of the provisions of this
3Act.
4    (b) In performing duties under this Act, the Governor is
5authorized to cooperate with the federal government and with
6other states in all matters pertaining to emergency
7management, nuclear and radiation safety, and homeland
8security.
9    (c) In performing duties under this Act, the Governor is
10further authorized:
11        (1) To make, amend, and rescind all lawful necessary
12    orders, rules, and regulations to carry out the provisions
13    of this Act within the limits of the authority conferred
14    upon the Governor.
15        (2) To cause to be prepared a comprehensive plans plan
16    and programs program for the emergency management, nuclear
17    and radiation safety, and homeland security of this State,
18    which plans and programs plan and program shall be
19    integrated into and coordinated with emergency management,
20    nuclear and radiation safety, and homeland security plans
21    and programs of the federal government and of other states
22    whenever possible and which plans and programs plan and
23    program may include:
24            a. Mitigation of injury and damage caused by
25        disaster.
26            b. Prompt and effective response to disaster.

 

 

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1            c. Emergency relief.
2            d. Identification of areas particularly vulnerable
3        to disasters.
4            e. Recommendations for zoning, building, and other
5        land-use controls, safety measures for securing
6        permanent structures and other mitigation measures
7        designed to eliminate or reduce disasters or their
8        impact.
9            f. Assistance to political subdivisions in
10        designing emergency operations plans.
11            g. Authorization and procedures for the erection
12        or other construction of temporary works designed to
13        mitigate danger, damage or loss from flood, or other
14        disaster.
15            h. Preparation and distribution to the appropriate
16        State and political subdivision officials of a State
17        catalog of federal, State, and private assistance
18        programs.
19            i. Organization of State personnel and chains of
20        command.
21            j. Coordination of federal, State, and political
22        subdivision emergency management, nuclear and
23        radiation safety, and homeland security activities.
24            k. Other necessary matters.
25        (3) In accordance with the plans plan and programs
26    program for the emergency management, nuclear and

 

 

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1    radiation safety, and homeland security of this State, and
2    out of funds appropriated for these purposes, to procure
3    and preposition supplies, medicines, materials and
4    equipment, to institute training programs and public
5    information programs, and to take all other preparatory
6    steps including the partial or full mobilization of
7    emergency services and disaster agencies in advance of
8    actual disaster to insure the furnishing of adequately
9    trained and equipped forces for disaster response and
10    recovery.
11        (4) Out of funds appropriated for these purposes, to
12    make studies and surveys of the industries, resources, and
13    facilities in this State as may be necessary to ascertain
14    the capabilities of the State for emergency management
15    phases of mitigation, preparedness, response, and recovery
16    and to plan for the most efficient emergency use thereof.
17        (5) On behalf of this State, to negotiate for and
18    submit to the General Assembly for its approval or
19    rejection reciprocal mutual aid agreements or compacts
20    with other states, either on a statewide or political
21    subdivision basis. The agreements or compacts, shall be
22    limited to the furnishing or exchange of food, clothing,
23    medical or other supplies, engineering and police
24    services; emergency housing and feeding; National and
25    State Guards while under the control of the State; health,
26    medical, and related services; fire fighting, rescue,

 

 

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1    transportation, communication, and construction services
2    and equipment, provided, however, that if the General
3    Assembly be not in session and the Governor has not
4    proclaimed the existence of a disaster under this Section,
5    then the agreements or compacts shall instead be submitted
6    to an Interim Committee on Emergency Management composed
7    of 5 Senators appointed by the President of the Senate and
8    of 5 Representatives appointed by the Speaker of the
9    House, during the month of June of each odd-numbered year
10    to serve for a 2-year 2 year term, beginning July 1 of that
11    year, and until their successors are appointed and
12    qualified, or until termination of their legislative
13    service, whichever first occurs. Vacancies shall be filled
14    by appointment for the unexpired term in the same manner
15    as original appointments. All appointments shall be made
16    in writing and filed with the Secretary of State as a
17    public record. The Committee shall have the power to
18    approve or reject any agreements or compacts for and on
19    behalf of the General Assembly; and, provided further,
20    that an affirmative vote of 2/3 of the members of the
21    Committee shall be necessary for the approval of any
22    agreement or compact.
23(Source: P.A. 92-73, eff. 1-1-02.)
 
24    (20 ILCS 3305/7)  (from Ch. 127, par. 1057)
25    Sec. 7. Emergency Powers of the Governor. In the event of a

 

 

SB3240- 30 -LRB103 38061 BDA 68193 b

1disaster, as defined in Section 4, the Governor may, by
2proclamation, declare that a disaster exists. Upon such
3proclamation, the Governor shall have and may exercise for a
4period not to exceed 30 days the following emergency powers;
5provided, however, that the lapse of the emergency powers
6shall not, as regards any act or acts occurring or committed
7within the 30-day period, deprive any person, firm,
8corporation, political subdivision, or body politic of any
9right or rights to compensation or reimbursement which he,
10she, it, or they may have under the provisions of this Act:
11        (1) To suspend the provisions of any regulatory
12    statute prescribing procedures for conduct of State
13    business, or the orders, rules and regulations of any
14    State agency, if strict compliance with the provisions of
15    any statute, order, rule, or regulation would in any way
16    prevent, hinder or delay necessary action, including
17    emergency purchases, by the Illinois Emergency Management
18    Agency, in coping with the disaster.
19        (2) To utilize all available resources of the State
20    government as reasonably necessary to cope with the
21    disaster and of each political subdivision of the State.
22        (3) To transfer the direction, personnel or functions
23    of State departments and agencies or units thereof for the
24    purpose of performing or facilitating disaster response
25    and recovery programs.
26        (4) On behalf of this State to take possession of, and

 

 

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1    to acquire full title or a lesser specified interest in,
2    any personal property as may be necessary to accomplish
3    the objectives set forth in Section 2 of this Act,
4    including: airplanes, automobiles, trucks, trailers,
5    buses, and other vehicles; coal, oils, gasoline, and other
6    fuels and means of propulsion; explosives, materials,
7    equipment, and supplies; animals and livestock; feed and
8    seed; food and provisions for humans and animals; clothing
9    and bedding; and medicines and medical and surgical
10    supplies; and to take possession of and for a limited
11    period occupy and use any real estate necessary to
12    accomplish those objectives; but only upon the undertaking
13    by the State to pay just compensation therefor as in this
14    Act provided, and then only under the following
15    provisions:
16            a. The Governor, or the person or persons as the
17        Governor may authorize so to do, may forthwith take
18        possession of property for and on behalf of the State;
19        provided, however, that the Governor or persons shall
20        simultaneously with the taking, deliver to the owner
21        or his or her agent, if the identity of the owner or
22        agency is known or readily ascertainable, a signed
23        statement in writing, that shall include the name and
24        address of the owner, the date and place of the taking,
25        description of the property sufficient to identify it,
26        a statement of interest in the property that is being

 

 

SB3240- 32 -LRB103 38061 BDA 68193 b

1        so taken, and, if possible, a statement in writing,
2        signed by the owner, setting forth the sum that he or
3        she is willing to accept as just compensation for the
4        property or use. Whether or not the owner or agent is
5        known or readily ascertainable, a true copy of the
6        statement shall promptly be filed by the Governor or
7        the person with the Director, who shall keep the
8        docket of the statements. In cases where the sum that
9        the owner is willing to accept as just compensation is
10        less than $1,000, copies of the statements shall also
11        be filed by the Director with, and shall be passed upon
12        by an Emergency Management Claims Commission,
13        consisting of 3 disinterested citizens who shall be
14        appointed by the Governor, by and with the advice and
15        consent of the Senate, within 20 days after the
16        Governor's declaration of a disaster, and if the sum
17        fixed by them as just compensation be less than $1,000
18        and is accepted in writing by the owner, then the State
19        Treasurer out of funds appropriated for these
20        purposes, shall, upon certification thereof by the
21        Emergency Management Claims Commission, cause the sum
22        so certified forthwith to be paid to the owner. The
23        Emergency Management Claims Commission is hereby given
24        the power to issue appropriate subpoenas and to
25        administer oaths to witnesses and shall keep
26        appropriate minutes and other records of its actions

 

 

SB3240- 33 -LRB103 38061 BDA 68193 b

1        upon and the disposition made of all claims.
2            b. When the compensation to be paid for the taking
3        or use of property or interest therein is not or cannot
4        be determined and paid under item a of this paragraph
5        (4), a petition in the name of The People of the State
6        of Illinois shall be promptly filed by the Director,
7        which filing may be enforced by mandamus, in the
8        circuit court of the county where the property or any
9        part thereof was located when initially taken or used
10        under the provisions of this Act praying that the
11        amount of compensation to be paid to the person or
12        persons interested therein be fixed and determined.
13        The petition shall include a description of the
14        property that has been taken, shall state the physical
15        condition of the property when taken, shall name as
16        defendants all interested parties, shall set forth the
17        sum of money estimated to be just compensation for the
18        property or interest therein taken or used, and shall
19        be signed by the Director. The litigation shall be
20        handled by the Attorney General for and on behalf of
21        the State.
22            c. Just compensation for the taking or use of
23        property or interest therein shall be promptly
24        ascertained in proceedings and established by judgment
25        against the State, that shall include, as part of the
26        just compensation so awarded, interest at the rate of

 

 

SB3240- 34 -LRB103 38061 BDA 68193 b

1        6% per annum on the fair market value of the property
2        or interest therein from the date of the taking or use
3        to the date of the judgment; and the court may order
4        the payment of delinquent taxes and special
5        assessments out of the amount so awarded as just
6        compensation and may make any other orders with
7        respect to encumbrances, rents, insurance, and other
8        charges, if any, as shall be just and equitable.
9        (5) When required by the exigencies of the disaster,
10    to sell, lend, rent, give, or distribute all or any part of
11    property so or otherwise acquired to the inhabitants of
12    this State, or to political subdivisions of this State,
13    or, under the interstate mutual aid agreements or compacts
14    as are entered into under the provisions of subparagraph
15    (5) of paragraph (c) of Section 6 to other states, and to
16    account for and transmit to the State Treasurer all funds,
17    if any, received therefor.
18        (6) To recommend the evacuation of all or part of the
19    population from any stricken or threatened area within the
20    State if the Governor deems this action necessary.
21        (7) To prescribe routes, modes of transportation, and
22    destinations in connection with evacuation.
23        (8) To control ingress and egress to and from a
24    disaster area, the movement of persons within the area,
25    and the occupancy of premises therein.
26        (9) To suspend or limit the sale, dispensing, or

 

 

SB3240- 35 -LRB103 38061 BDA 68193 b

1    transportation of alcoholic beverages, firearms,
2    explosives, and combustibles.
3        (10) To make provision for the availability and use of
4    temporary emergency housing.
5        (11) A proclamation of a disaster shall activate the
6    State Emergency Operations Plan, and political subdivision
7    emergency operations plans applicable to the political
8    subdivision or area in question and be authority for the
9    deployment and use of any forces that the plan or plans
10    apply and for use or distribution of any supplies,
11    equipment, and materials and facilities assembled,
12    stockpiled or arranged to be made available under this Act
13    or any other provision of law relating to disasters.
14        (12) Control, restrict, and regulate by rationing,
15    freezing, use of quotas, prohibitions on shipments, price
16    fixing, allocation or other means, the use, sale or
17    distribution of food, feed, fuel, clothing and other
18    commodities, materials, goods, or services; and perform
19    and exercise any other functions, powers, and duties as
20    may be necessary to promote and secure the safety and
21    protection of the civilian population.
22        (13) During the continuance of any disaster the
23    Governor is commander-in-chief of the organized and
24    unorganized militia and of all other forces available for
25    emergency duty. To the greatest extent practicable, the
26    Governor shall delegate or assign authority to the

 

 

SB3240- 36 -LRB103 38061 BDA 68193 b

1    Director to manage, coordinate, and direct all resources
2    by orders issued at the time of the disaster.
3        (14) Prohibit increases in the prices of goods and
4    services during a disaster.
5(Source: P.A. 102-485, eff. 8-20-21.)
 
6    (20 ILCS 3305/8)  (from Ch. 127, par. 1058)
7    Sec. 8. Mobile Support Teams.
8    (a) The Governor or Director may cause to be created
9Mobile Support Teams to aid and to reinforce the Illinois
10Emergency Management Agency, and emergency services and
11disaster agencies in areas stricken by disaster. Each mobile
12support team shall have a leader, selected by the Director who
13will be responsible, under the direction and control of the
14Director, for the organization, administration, and training,
15and operation of the mobile support team.
16    (b) Personnel of a mobile support team while on duty
17pursuant to such a call or while engaged in regularly
18scheduled training or exercises, whether within or without the
19State, shall either:
20        (1) If they are paid employees of the State, have the
21    powers, duties, rights, privileges and immunities and
22    receive the compensation incidental to their employment.
23        (2) If they are paid employees of a political
24    subdivision or body politic of this State, and whether
25    serving within or without that political subdivision or

 

 

SB3240- 37 -LRB103 38061 BDA 68193 b

1    body politic, have the powers, duties, rights, privileges
2    and immunities, and receive the compensation incidental to
3    their employment.
4        (3) If they are not employees of the State, political
5    subdivision or body politic, or being such employees, are
6    not normally paid for their services, be entitled to at
7    least one dollar per year compensation from the State.
8    Personnel of a mobile support team who suffer disease,
9injury or death arising out of or in the course of emergency
10duty, shall for the purposes of benefits under the Workers'
11Compensation Act or Workers' Occupational Diseases Act only,
12be deemed to be employees of this State. If the person
13diseased, injured or killed is an employee described in item
14(3) above, the computation of benefits payable under either of
15those Acts shall be based on income commensurate with
16comparable State employees doing the same type of work or
17income from the person's regular employment, whichever is
18greater.
19    All personnel of mobile support teams shall, while on duty
20under such call, be reimbursed by this State for all actual and
21necessary travel and subsistence expenses.
22    (c) The State shall reimburse each political subdivision
23or body politic from the Disaster Response and Recovery Fund
24for the compensation paid and the actual and necessary travel,
25subsistence and maintenance expenses of paid employees of the
26political subdivision or body politic while serving, outside

 

 

SB3240- 38 -LRB103 38061 BDA 68193 b

1of its geographic geographical boundaries pursuant to such a
2call, as members of a mobile support team, and for all payments
3made for death, disease or injury of those paid employees
4arising out of and incurred in the course of that duty, and for
5all losses of or damage to supplies and equipment of the
6political subdivision or body politic resulting from the
7operations.
8    (d) Whenever mobile support teams or units of another
9state, while the Governor has the emergency powers provided
10for under Section 7 of this Act, render aid to this State under
11the orders of the Governor of its home state and upon the
12request of the Governor of this State, all questions relating
13to reimbursement by this State to the other state and its
14citizens in regard to the assistance so rendered shall be
15determined by the mutual aid agreements or interstate compacts
16described in subparagraph (5) of paragraph (c) of Section 6 as
17are existing at the time of the assistance rendered or are
18entered into thereafter and under Section 303 (d) of the
19Federal Civil Defense Act of 1950.
20    (e) No personnel of mobile support teams of this State may
21be ordered by the Governor to operate in any other state unless
22a request for the same has been made by the Governor or duly
23authorized representative of the other state.
24(Source: P.A. 98-465, eff. 8-16-13.)
 
25    (20 ILCS 3305/10)  (from Ch. 127, par. 1060)

 

 

SB3240- 39 -LRB103 38061 BDA 68193 b

1    Sec. 10. Emergency Services and Disaster Agencies.
2    (a) Each political subdivision within this State shall be
3within the jurisdiction of and served by the Illinois
4Emergency Management Agency and by an emergency services and
5disaster agency responsible for emergency management programs.
6A township, if the township is in a county having a population
7of more than 2,000,000, must have approval of the county
8coordinator before establishment of a township emergency
9services and disaster agency.
10    (b) Unless multiple county emergency services and disaster
11agency consolidation is authorized by the Illinois Emergency
12Management Agency with the consent of the respective counties,
13each county shall maintain an emergency services and disaster
14agency that has jurisdiction over and serves the entire
15county, except as otherwise provided under this Act and except
16that in any county with a population of over 3,000,000
17containing a municipality with a population of over 500,000
18the jurisdiction of the county agency shall not extend to the
19municipality when the municipality has established its own
20agency.
21    (c) Each municipality with a population of over 500,000
22shall maintain an emergency services and disaster agency which
23has jurisdiction over and serves the entire municipality. A
24municipality with a population less than 500,000 may
25establish, by ordinance, an agency or department responsible
26for emergency management within the municipality's corporate

 

 

SB3240- 40 -LRB103 38061 BDA 68193 b

1limits.
2    (d) The Governor shall determine which municipal
3corporations, other than those specified in paragraph (c) of
4this Section, need emergency services and disaster agencies of
5their own and require that they be established and maintained.
6The Governor shall make these determinations on the basis of
7the municipality's disaster vulnerability and capability of
8response related to population size and concentration. The
9emergency services and disaster agency of a county or
10township, shall not have a jurisdiction within a political
11subdivision having its own emergency services and disaster
12agency, but shall cooperate with the emergency services and
13disaster agency of a city, village or incorporated town within
14their borders. The Illinois Emergency Management Agency shall
15publish and furnish a current list to the municipalities
16required to have an emergency services and disaster agency
17under this subsection.
18    (e) Each municipality that is not required to and does not
19have an emergency services and disaster agency shall have a
20liaison officer designated to facilitate the cooperation and
21protection of that municipal corporation with the county
22emergency services and disaster agency in which it is located
23in the work of disaster mitigation, preparedness, response,
24and recovery.
25    (f) The principal executive officer or his or her designee
26of each political subdivision in the State shall annually

 

 

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1notify the Illinois Emergency Management Agency of the manner
2in which the political subdivision is providing or securing
3emergency management, identify the executive head of the
4agency or the department from which the service is obtained,
5or the liaison officer in accordance with subsection (e)
6paragraph (d) of this Section and furnish additional
7information relating thereto as the Illinois Emergency
8Management Agency requires.
9    (g) Each emergency services and disaster agency shall
10prepare an emergency operations plan for its geographic
11boundaries that complies with planning, review, and approval
12standards promulgated by the Illinois Emergency Management
13Agency. The Illinois Emergency Management Agency shall
14determine which jurisdictions will be required to include
15earthquake preparedness in their local emergency operations
16plans.
17    (h) The emergency services and disaster agency shall
18prepare and distribute to all appropriate officials in written
19form a clear and complete statement of the emergency
20responsibilities of all local departments and officials and of
21the disaster chain of command.
22    (i) Each emergency services and disaster agency shall have
23a Coordinator who shall be appointed by the principal
24executive officer of the political subdivision in the same
25manner as are the heads of regular governmental departments.
26If the political subdivision is a county and the principal

 

 

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1executive officer appoints the sheriff as the Coordinator, the
2sheriff may, in addition to his or her regular compensation,
3receive compensation at the same level as provided in Article
43 of the Counties Code Section 3 of "An Act in relation to the
5regulation of motor vehicle traffic and the promotion of
6safety on public highways in counties", approved August 9,
71951, as amended. The Coordinator shall have direct
8responsibility for the organization, administration, training,
9and operation of the emergency services and disaster agency,
10subject to the direction and control of that principal
11executive officer. Each emergency services and disaster agency
12shall coordinate and may perform emergency management
13functions within the territorial limits of the political
14subdivision within which it is organized as are prescribed in
15and by the State Emergency Operations Plan, and programs,
16orders, rules and regulations as may be promulgated by the
17Illinois Emergency Management Agency and by local ordinance
18and, in addition, shall conduct such functions outside of
19those territorial limits as may be required under mutual aid
20agreements and compacts as are entered into under subparagraph
21(5) of paragraph (c) of Section 6.
22    (j) In carrying out the provisions of this Act, each
23political subdivision may enter into contracts and incur
24obligations necessary to place it in a position effectively to
25combat the disasters as are described in Section 4, to protect
26the health and safety of persons, to protect property, and to

 

 

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1provide emergency assistance to victims of those disasters. If
2a disaster occurs, each political subdivision may exercise the
3powers vested under this Section in the light of the
4exigencies of the disaster and, excepting mandatory
5constitutional requirements, without regard to the procedures
6and formalities normally prescribed by law pertaining to the
7performance of public work, entering into contracts, the
8incurring of obligations, the employment of temporary workers,
9the rental of equipment, the purchase of supplies and
10materials, and the appropriation, expenditure, and disposition
11of public funds and property.
12    (k) Volunteers who, while engaged in a disaster, an
13exercise, training related to the emergency operations plan of
14the political subdivision, or a search-and-rescue team
15response to an occurrence or threat of injury or loss of life
16that is beyond local response capabilities, suffer disease,
17injury or death, shall, for the purposes of benefits under the
18Workers' Compensation Act or Workers' Occupational Diseases
19Act only, be deemed to be employees of the State, if: (1) the
20claimant is a duly qualified and enrolled (sworn in) as a
21volunteer of the Illinois Emergency Management Agency or an
22emergency services and disaster agency accredited by the
23Illinois Emergency Management Agency, and (2) if: (i) the
24claimant was participating in a disaster as defined in Section
254 of this Act, (ii) the exercise or training participated in
26was specifically and expressly approved by the Illinois

 

 

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1Emergency Management Agency prior to the exercise or training,
2or (iii) the search-and-rescue team response was to an
3occurrence or threat of injury or loss of life that was beyond
4local response capabilities and was specifically and expressly
5approved by the Illinois Emergency Management Agency prior to
6the search-and-rescue team response. The computation of
7benefits payable under either of those Acts shall be based on
8the income commensurate with comparable State employees doing
9the same type work or income from the person's regular
10employment, whichever is greater.
11    Volunteers who are working under the direction of an
12emergency services and disaster agency accredited by the
13Illinois Emergency Management Agency, pursuant to a plan
14approved by the Illinois Emergency Management Agency (i)
15during a disaster declared by the Governor under Section 7 of
16this Act, or (ii) in circumstances otherwise expressly
17approved by the Illinois Emergency Management Agency, shall be
18deemed exclusively employees of the State for purposes of
19Section 8(d) of the Court of Claims Act, provided that the
20Illinois Emergency Management Agency may, in coordination with
21the emergency services and disaster agency, audit
22implementation for compliance with the plan.
23    (l) If any person who is entitled to receive benefits
24through the application of this Section receives, in
25connection with the disease, injury or death giving rise to
26such entitlement, benefits under an Act of Congress or federal

 

 

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1program, benefits payable under this Section shall be reduced
2to the extent of the benefits received under that other Act or
3program.
4    (m) (1) Prior to conducting an exercise, the principal
5    executive officer of a political subdivision or his or her
6    designee shall provide area media with written
7    notification of the exercise. The notification shall
8    indicate that information relating to the exercise shall
9    not be released to the public until the commencement of
10    the exercise. The notification shall also contain a
11    request that the notice be so posted to ensure that all
12    relevant media personnel are advised of the exercise
13    before it begins.
14        (2) During the conduct of an exercise, all messages,
15    two-way radio communications, briefings, status reports,
16    news releases, and other oral or written communications
17    shall begin and end with the following statement: "This is
18    an exercise message".
19(Source: P.A. 94-733, eff. 4-27-06.)
 
20    (20 ILCS 3305/12)  (from Ch. 127, par. 1062)
21    Sec. 12. Testing of Disaster Warning Devices. The testing
22of disaster warning devices including outdoor warning sirens
23shall be held only on the first Tuesday of each month at 10
24o'clock in the morning or during exercises that are
25specifically and expressly approved in advance by the Illinois

 

 

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1Emergency Management Agency.
2(Source: P.A. 92-73, eff. 1-1-02.)
 
3    (20 ILCS 3305/14)  (from Ch. 127, par. 1064)
4    Sec. 14. Communications. The Illinois Emergency Management
5Agency shall ascertain what means exist for rapid and
6efficient communications in times of disaster. The Illinois
7Emergency Management Agency shall consider the desirability of
8supplementing these communications resources or of integrating
9them into a comprehensive State or State-Federal
10telecommunications or other communications system or network.
11In studying the character and feasibility of any system or its
12several parts, the Illinois Emergency Management Agency shall
13evaluate the possibility of multipurpose use thereof for
14general State and political subdivision purposes. The Illinois
15Emergency Management Agency may promulgate rules to establish
16policies and procedures relating to telecommunications and the
17continuation of rapid and efficient communications in times of
18disaster to the extent authorized by any provision of this Act
19or other laws and regulations. The Illinois Emergency
20Management Agency shall make recommendations to the Governor
21as appropriate.
22(Source: P.A. 86-755; 87-168.)
 
23    (20 ILCS 3305/18)  (from Ch. 127, par. 1068)
24    Sec. 18. Orders, Rules and Regulations.

 

 

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1    (a) The Governor shall file a copy of every rule,
2regulation or order, and any amendment thereof made by the
3Governor under the provisions of this Act in the office of the
4Secretary of State. Upon No rule, regulation or order, or any
5amendment thereof shall be effective until 10 days after the
6filing, provided, however, that upon the declaration of a
7disaster by the Governor as is described in Section 7 the
8provision relating to the effective date of any rule,
9regulation, order or amendment issued under this Act and
10during the state of disaster is abrogated, and the rule,
11regulation, order or amendment shall become effective
12immediately upon being filed with the Secretary of State
13accompanied by a certificate stating the reason as required by
14the Illinois Administrative Procedure Act.
15    (b) Every emergency services and disaster agency
16established pursuant to this Act and the coordinators thereof
17shall execute and enforce the orders, rules and regulations as
18may be made by the Governor under authority of this Act. Each
19emergency services and disaster agency shall have available
20for inspection at its office all orders, rules and regulations
21made by the Governor, or under the Governor's authority. The
22Illinois Emergency Management Agency shall publish furnish on
23the Agency's Department's website the orders, rules and
24regulations to each such emergency services and disaster
25agency. Upon the written request of an emergency services or
26disaster agency, copies thereof shall be mailed to the

 

 

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1emergency services or disaster agency.
2(Source: P.A. 98-44, eff. 6-28-13.)
 
3    (20 ILCS 3305/20)  (from Ch. 127, par. 1070)
4    Sec. 20. Oath Emergency Management Agency; personnel;
5oath.
6Each person, whether compensated or noncompensated, who is
7appointed to serve in any capacity in the Illinois Emergency
8Management Agency and Office of Homeland Security or an
9emergency services and disaster agency, shall, before entering
10upon his or her duties, take an oath, in writing, before the
11Director or before the coordinator of that emergency services
12and disaster agency or before other persons authorized to
13administer oaths in this State, which oath shall be filed with
14the Director or with the coordinator of the emergency services
15and disaster agency with which he or she shall serve and which
16oath shall be substantially as follows:
17    "I, _______________, do solemnly swear (or affirm) that I
18will support and defend and bear true faith and allegiance to
19the Constitution of the United States and the Constitution of
20the State of Illinois, and the territory, institutions and
21facilities thereof, both public and private, against all
22enemies, foreign and domestic; that I take this obligation
23freely, without any mental reservation or purpose of evasion;
24and that I will well and faithfully discharge the duties upon
25which I am about to enter. And I do further swear (or affirm)

 

 

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1that I do not advocate, nor am I, nor have I been a member of
2any political party or organization that advocates the
3overthrow of the government of the United States or of this
4State by force or violence; and that during such time as I am
5affiliated with the (name of political subdivision), I will
6not advocate nor become a member of any political party or
7organization that advocates the overthrow of the government of
8the United States or of this State by force or violence."
9(Source: P.A. 92-73, eff. 1-1-02.)
 
10    (20 ILCS 3305/23)
11    (Section scheduled to be repealed on January 1, 2032)
12    Sec. 23. Access and Functional Needs Advisory Committee.
13    (a) In this Section, "Advisory Committee" means the Access
14and Functional Needs Advisory Committee.
15    (b) The Access and Functional Needs Advisory Committee is
16created.
17    (c) The Advisory Committee shall:
18        (1) Coordinate meetings occurring, at a minimum, 3
19    times each year, in addition to emergency meetings called
20    by the chairperson of the Advisory Committee.
21        (2) Research and provide recommendations for
22    identifying and effectively responding to the needs of
23    persons with access and functional needs before, during,
24    and after a disaster using an intersectional lens for
25    equity.

 

 

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1        (3) Provide recommendations to the Illinois Emergency
2    Management Agency regarding how to ensure that persons
3    with a disability are included in disaster strategies and
4    emergency management plans, including updates and
5    implementation of disaster strategies and emergency
6    management plans.
7        (4) Review and provide recommendations for the
8    Illinois Emergency Management Agency, and all relevant
9    State agencies that are involved in drafting and
10    implementing the Illinois Emergency Operation Plan, to
11    integrate access and functional needs into State and local
12    emergency plans.
13    (d) The Advisory Committee shall be composed of the
14Director of the Illinois Emergency Management Agency or his or
15her designee, the Attorney General or his or her designee, the
16Secretary of Human Services or his or her designee, the
17Director of Aging or his or her designee, and the Director of
18Public Health or his or her designee, together with the
19following members appointed by the Governor on or before
20January 1, 2022:
21        (1) Two members, either from a municipal or
22    county-level emergency agency or a local emergency
23    management coordinator.
24        (2) Nine members from the community of persons with a
25    disability who represent persons with different types of
26    disabilities, including, but not limited to, individuals

 

 

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1    with mobility and physical disabilities, hearing and
2    visual disabilities, deafness or who are hard of hearing,
3    blindness or who have low vision, mental health
4    disabilities, and intellectual or developmental
5    disabilities. Members appointed under this paragraph shall
6    reflect a diversity of age, gender, race, and ethnic
7    background.
8        (3) Four members who represent first responders from
9    different geographic geographical regions around the
10    State.
11    (e) Of those members appointed by the Governor, the
12initial appointments of 6 members shall be for terms of 2 years
13and the initial appointments of 5 members shall be for terms of
144 years. Thereafter, members shall be appointed for terms of 4
15years. A member shall serve until his or her successor is
16appointed and qualified. If a vacancy occurs in the Advisory
17Committee membership, the vacancy shall be filled in the same
18manner as the original appointment for the remainder of the
19unexpired term.
20    (f) After all the members are appointed, and annually
21thereafter, they shall elect a chairperson from among the
22members appointed under paragraph (2) of subsection (d).
23    (g) The initial meeting of the Advisory Committee shall be
24convened by the Director of the Illinois Emergency Management
25Agency no later than February 1, 2022.
26    (h) Advisory Committee members shall serve without

 

 

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1compensation.
2    (i) The Illinois Emergency Management Agency shall provide
3administrative support to the Advisory Committee.
4    (j) The Advisory Committee shall prepare and deliver a
5report to the General Assembly, the Governor's Office, and the
6Illinois Emergency Management Agency by July 1, 2022, and
7annually thereafter. The report shall include the following:
8        (1) Identification of core emergency management
9    services that need to be updated or changed to ensure the
10    needs of persons with a disability are met, and shall
11    include disaster strategies in State and local emergency
12    plans.
13        (2) Any proposed changes in State policies, laws,
14    rules, or regulations necessary to fulfill the purposes of
15    this Act.
16        (3) Recommendations on improving the accessibility and
17    effectiveness of disaster and emergency communication.
18        (4) Recommendations on comprehensive training for
19    first responders and other frontline workers when working
20    with persons with a disability during emergency situations
21    or disasters, as defined in Section 4 of the Illinois
22    Emergency Management Agency Act.
23        (5) Any additional recommendations regarding emergency
24    management and persons with a disability that the Advisory
25    Committee deems necessary.
26    (k) The annual report prepared and delivered under

 

 

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1subsection (j) shall be annually considered by the Illinois
2Emergency Management Agency when developing new State and
3local emergency plans or updating existing State and local
4emergency plans.
5    (l) The Advisory Committee is dissolved and this Section
6is repealed on January 1, 2032.
7(Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21;
8103-154, eff. 6-30-23.)
 
9    (20 ILCS 3305/24 new)
10    Sec. 24. Illinois Homeland Security Advisory Council
11(IL-HSAC).
12    (a) The Illinois Homeland Security Advisory Council
13(IL-HSAC) is hereby created.
14    (b) The IL-HSAC shall report directly to the Homeland
15Security Advisor, who shall serve as the Chairperson.
16    (c) The Deputy Homeland Security Advisor shall serve as
17Vice-Chair.
18    (d) The Homeland Security Advisor may appoint a Chair Pro
19Tempore to oversee the daily operations and administrative
20responsibilities of the IL-HSAC.
21    (e) The Homeland Security Advisor shall, with approval of
22the Governor, modify the structure of the IL-HSAC as
23appropriate and consistent with this Section.
24    (f) The IL-HSAC shall submit an annual report to the
25Governor by March 1 of each year. The report shall detail the

 

 

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1activities, accomplishments, and recommendations of the
2IL-HSAC in the preceding year.
3    (g) The Agency shall provide administrative support for
4the IL-HSAC.
5    (h) Entities may be appointed to IL-HSAC with nomination
6by the Homeland Security Advisor and approval by the Governor.
7    (i) The IL-HSAC shall have the following powers and
8duties:
9        (1) The IL-HSAC shall serve as the State Advisory
10    Committee with respect to funds received through the
11    federal Homeland Security Grant Program. In that capacity,
12    the IL-HSAC shall provide recommendations to the Homeland
13    Security Advisor on issues related to the application for
14    and use of all appropriate federal funding that relates to
15    preventing, protecting against, mitigating, responding to
16    and recovering from acts of terrorism and other threats.
17        (2) The IL-HSAC shall provide recommendations to the
18    Homeland Security Advisor on the following:
19            (A) appropriate training of local, regional, and
20        state officials to respond to terrorist incidents
21        involving conventional, chemical, biological and
22        nuclear weapons;
23            (B) applications for and use of all appropriate
24        State and other funds as may be appropriate and
25        available relating to homeland security;
26            (C) public safety preparedness and mutual aid to

 

 

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1        include strategies and tactics to coordinate
2        multi-agency response to significant events, such as
3        acts of terrorism or natural disasters, where
4        coordination of local, State, and private resources is
5        necessary;
6            (D) coordination of public safety resources and
7        combating terrorism in Illinois; and
8            (E) any changes needed in State statutes,
9        administrative rules, or in the Illinois Emergency
10        Operations Plan.
 
11    (20 ILCS 3305/25 new)
12    Sec. 25. Statewide Interoperability Coordinator.
13    (a) T
he Statewide Interoperability Coordinator is hereby
14created as a position within the Agency's Office of Homeland
15Security.
16    (b) The duties and responsibilities of the SWIC shall be
17as follows:
18        (1) The Statewide Interoperability Coordinator shall
19    serve as the central coordination point for the State's
20    communications interoperability and shall assist with
21    mediation between State and local agencies to achieve an
22    interoperable communications system.
23        (2) The Statewide Interoperability Coordinator shall
24    develop and disseminate best practices for public safety
25    communications interoperability.

 

 

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1        (3) The Statewide Interoperability Coordinator shall
2    advise the Homeland Security Advisor and Deputy Director
3    of the Agency's Office of Homeland Security on public
4    safety communications interoperability.
5        (4) The Statewide Interoperability Coordinator shall
6    serve as a member of the Statewide Interoperability
7    Executive Committee or its successor entity and may act on
8    behalf of the Statewide Interoperability Executive
9    Committee.
10        (5) The Statewide Interoperability Coordinator shall
11    recommend regulatory changes relating to public safety
12    communications and interoperability activities in
13    partnership with 9-1-1 administrator, operators of
14    statewide radio systems, emergency management
15    coordinators, and the State Administrative Agency.
16        (6) The Statewide Interoperability Coordinator shall
17    identify funding opportunities for planned
18    interoperability improvements and coordinate efforts to
19    provide funding.
20        (7) The Statewide Interoperability Coordinator shall
21    advise on the issuance of grants related to public safety
22    and for interoperability communication.
23        (8) The Statewide Interoperability Coordinator shall
24    engage stakeholders to coordinate the Statewide
25    Communications Interoperability Plan
    .
26        (9) The Statewide Interoperability Coordinator shall

 

 

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1    represent the State in national, regional, and local
2    efforts to plan and implement changes needed to achieve
3    interoperability and continuity of communications for
4    emergency responders.
5        (10) The Statewide Interoperability Coordinator shall
6    develop and implement the strategic program for all public
7    safety communications and interoperability activities in
8    partnership with 9-1-1 administrators, operators of
9    statewide radio systems, emergency management
10    coordinators, and the State Administrative Agency.