Public Act 103-0418
HB1187 EnrolledLRB103 05291 CPF 50309 b HB1187 Enrolled LRB103 05291 CPF 50309 b
HB1187 Enrolled LRB103 05291 CPF 50309 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Emergency Management Agency Act is
amended by changing Section 5 as follows:
(20 ILCS 3305/5) (from Ch. 127, par. 1055)
Sec. 5. Illinois Emergency Management Agency.
(a) There is created within the executive branch of the
State Government an Illinois Emergency Management Agency and a
Director of the Illinois Emergency Management Agency, herein
called the "Director" who shall be the head thereof. The
Director shall be appointed by the Governor, with the advice
and consent of the Senate, and shall serve for a term of 2
years beginning on the third Monday in January of the
odd-numbered year, and until a successor is appointed and has
qualified; except that the term of the first Director
appointed under this Act shall expire on the third Monday in
January, 1989. The Director shall not hold any other
remunerative public office. For terms beginning after January
18, 2019 (the effective date of Public Act 100-1179) and
before January 16, 2023, the annual salary of the Director
shall be as provided in Section 5-300 of the Civil
Administrative Code of Illinois. Notwithstanding any other
HB1187 Enrolled LRB103 05291 CPF 50309 b
provision of law, for terms beginning on or after January 16,
2023, the Director shall receive an annual salary of $180,000
or as set by the Governor, whichever is higher. On July 1,
2023, and on each July 1 thereafter, the Director shall
receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly.
For terms beginning on or after January 16, 2023, the
Assistant Director of the Illinois Emergency Management Agency
shall receive an annual salary of $156,600 or as set by the
Governor, whichever is higher. On July 1, 2023, and on each
July 1 thereafter, the Assistant Director shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly.
(b) The Illinois Emergency Management Agency shall obtain,
under the provisions of the Personnel Code, technical,
clerical, stenographic and other administrative personnel, and
may make expenditures within the appropriation therefor as may
be necessary to carry out the purpose of this Act. The agency
created by this Act is intended to be a successor to the agency
created under the Illinois Emergency Services and Disaster
Agency Act of 1975 and the personnel, equipment, records, and
appropriations of that agency are transferred to the successor
agency as of June 30, 1988 (the effective date of this Act).
(c) The Director, subject to the direction and control of
the Governor, shall be the executive head of the Illinois
Emergency Management Agency and the State Emergency Response
Commission and shall be responsible under the direction of the
Governor, for carrying out the program for emergency
management of this State. The Director shall also maintain
liaison and cooperate with the emergency management
organizations of this State and other states and of the
federal government.
(d) The Illinois Emergency Management Agency shall take an
integral part in the development and revision of political
subdivision emergency operations plans prepared under
paragraph (f) of Section 10. To this end it shall employ or
otherwise secure the services of professional and technical
personnel capable of providing expert assistance to the
emergency services and disaster agencies. These personnel
shall consult with emergency services and disaster agencies on
a regular basis and shall make field examinations of the
areas, circumstances, and conditions that particular political
subdivision emergency operations plans are intended to apply.
(e) The Illinois Emergency Management Agency and political
subdivisions shall be encouraged to form an emergency
management advisory committee composed of private and public
personnel representing the emergency management phases of
mitigation, preparedness, response, and recovery. The Local
Emergency Planning Committee, as created under the Illinois
Emergency Planning and Community Right to Know Act, shall
serve as an advisory committee to the emergency services and
disaster agency or agencies serving within the boundaries of
that Local Emergency Planning Committee planning district for:
(1) the development of emergency operations plan
provisions for hazardous chemical emergencies; and
(2) the assessment of emergency response capabilities
related to hazardous chemical emergencies.
(f) The Illinois Emergency Management Agency shall:
(1) Coordinate the overall emergency management
program of the State.
(2) Cooperate with local governments, the federal
government, and any public or private agency or entity in
achieving any purpose of this Act and in implementing
emergency management programs for mitigation,
preparedness, response, and recovery.
(2.5) Develop a comprehensive emergency preparedness
and response plan for any nuclear accident in accordance
with Section 65 of the Nuclear Safety Law of 2004 and in
development of the Illinois Nuclear Safety Preparedness
program in accordance with Section 8 of the Illinois
Nuclear Safety Preparedness Act.
(2.6) Coordinate with the Department of Public Health
with respect to planning for and responding to public
health emergencies.
(3) Prepare, for issuance by the Governor, executive
orders, proclamations, and regulations as necessary or
appropriate in coping with disasters.
(4) Promulgate rules and requirements for political
subdivision emergency operations plans that are not
inconsistent with and are at least as stringent as
applicable federal laws and regulations.
(5) Review and approve, in accordance with Illinois
Emergency Management Agency rules, emergency operations
plans for those political subdivisions required to have an
emergency services and disaster agency pursuant to this
Act.
(5.5) Promulgate rules and requirements for the
political subdivision emergency management exercises,
including, but not limited to, exercises of the emergency
operations plans.
(5.10) Review, evaluate, and approve, in accordance
with Illinois Emergency Management Agency rules, political
subdivision emergency management exercises for those
political subdivisions required to have an emergency
services and disaster agency pursuant to this Act.
(6) Determine requirements of the State and its
political subdivisions for food, clothing, and other
necessities in event of a disaster.
(7) Establish a register of persons with types of
emergency management training and skills in mitigation,
preparedness, response, and recovery.
(8) Establish a register of government and private
response resources available for use in a disaster.
(9) Expand the Earthquake Awareness Program and its
efforts to distribute earthquake preparedness materials to
schools, political subdivisions, community groups, civic
organizations, and the media. Emphasis will be placed on
those areas of the State most at risk from an earthquake.
Maintain the list of all school districts, hospitals,
airports, power plants, including nuclear power plants,
lakes, dams, emergency response facilities of all types,
and all other major public or private structures which are
at the greatest risk of damage from earthquakes under
circumstances where the damage would cause subsequent harm
to the surrounding communities and residents.
(10) Disseminate all information, completely and
without delay, on water levels for rivers and streams and
any other data pertaining to potential flooding supplied
by the Division of Water Resources within the Department
of Natural Resources to all political subdivisions to the
maximum extent possible.
(11) Develop agreements, if feasible, with medical
supply and equipment firms to supply resources as are
necessary to respond to an earthquake or any other
disaster as defined in this Act. These resources will be
made available upon notifying the vendor of the disaster.
Payment for the resources will be in accordance with
Section 7 of this Act. The Illinois Department of Public
Health shall determine which resources will be required
and requested.
(11.5) In coordination with the Illinois State Police,
develop and implement a community outreach program to
promote awareness among the State's parents and children
of child abduction prevention and response.
(12) Out of funds appropriated for these purposes,
award capital and non-capital grants to Illinois hospitals
or health care facilities located outside of a city with a
population in excess of 1,000,000 to be used for purposes
that include, but are not limited to, preparing to respond
to mass casualties and disasters, maintaining and
improving patient safety and quality of care, and
protecting the confidentiality of patient information. No
single grant for a capital expenditure shall exceed
$300,000. No single grant for a non-capital expenditure
shall exceed $100,000. In awarding such grants, preference
shall be given to hospitals that serve a significant
number of Medicaid recipients, but do not qualify for
disproportionate share hospital adjustment payments under
the Illinois Public Aid Code. To receive such a grant, a
hospital or health care facility must provide funding of
at least 50% of the cost of the project for which the grant
is being requested. In awarding such grants the Illinois
Emergency Management Agency shall consider the
recommendations of the Illinois Hospital Association.
(13) Do all other things necessary, incidental or
appropriate for the implementation of this Act.
(g) The Illinois Emergency Management Agency is authorized
to make grants to various higher education institutions,
public K-12 school districts, area vocational centers as
designated by the State Board of Education, inter-district
special education cooperatives, regional safe schools, and
nonpublic K-12 schools for safety and security improvements.
For the purpose of this subsection (g), "higher education
institution" means a public university, a public community
college, or an independent, not-for-profit or for-profit
higher education institution located in this State. Grants
made under this subsection (g) shall be paid out of moneys
appropriated for that purpose from the Build Illinois Bond
Fund. The Illinois Emergency Management Agency shall adopt
rules to implement this subsection (g). These rules may
specify: (i) the manner of applying for grants; (ii) project
eligibility requirements; (iii) restrictions on the use of
grant moneys; (iv) the manner in which the various higher
education institutions must account for the use of grant
moneys; and (v) any other provision that the Illinois
Emergency Management Agency determines to be necessary or
useful for the administration of this subsection (g).
(g-5) The Illinois Emergency Management Agency is
authorized to make grants to not-for-profit organizations
which are exempt from federal income taxation under section
501(c)(3) of the Federal Internal Revenue Code for eligible
security improvements that assist the organization in
preventing, preparing for, or responding to threats, attacks,
or acts of terrorism. To be eligible for a grant under the
program, the Agency must determine that the organization is at
a high risk of being subject to threats, attacks, or acts of
terrorism based on the organization's profile, ideology,
mission, or beliefs. Eligible security improvements shall
include all eligible preparedness activities under the federal
Nonprofit Security Grant Program, including, but not limited
to, physical security upgrades, security training exercises,
preparedness training exercises, contracting with security
personnel, and any other security upgrades deemed eligible by
the Director. Eligible security improvements shall not
duplicate, in part or in whole, a project included under any
awarded federal grant or in a pending federal application. The
Director shall establish procedures and forms by which
applicants may apply for a grant and procedures for
distributing grants to recipients. Any security improvements
awarded shall remain at the physical property listed in the
grant application, unless authorized by Agency rule or
approved by the Agency in writing. The procedures shall
require each applicant to do the following:
(1) identify and substantiate prior or current
threats, or attacks, or acts of terrorism by a terrorist
organization, network, or cell against the not-for-profit
organization;
(2) indicate the symbolic or strategic value of one or
more sites that renders the site a possible target of a
threat, attack, or act of terrorism;
(3) discuss potential consequences to the organization
if the site is damaged, destroyed, or disrupted by a
threat, attack, or act of terrorism terrorist act;
(4) describe how the grant will be used to integrate
organizational preparedness with broader State and local
preparedness efforts, as described by the Agency in each
Notice of Opportunity for Funding;
(5) submit (i) a vulnerability assessment conducted by
experienced security, law enforcement, or military
personnel, or conducted using an Agency-approved or
federal Nonprofit Security Grant Program self-assessment
tool, and (ii) a description of how the grant award will be
used to address the vulnerabilities identified in the
assessment; and
(6) submit any other relevant information as may be
required by the Director.
The Agency is authorized to use funds appropriated for the
grant program described in this subsection (g-5) to administer
the program. Any Agency Notice of Opportunity for Funding,
proposed or final rulemaking, guidance, training opportunity,
or other resource related to the grant program must be
published on the Agency's publicly available website, and any
announcements related to funding shall be shared with all
State legislative offices, the Governor's office, emergency
services and disaster agencies mandated or required pursuant
to subsections (b) through (d) of Section 10, and any other
State agencies as determined by the Agency. Subject to
appropriation, the grant application period shall be open for
no less than 45 calendar days during the first application
cycle each fiscal year, unless the Agency determines that a
shorter period is necessary to avoid conflicts with the annual
federal Nonprofit Security Grant Program funding cycle.
Additional application cycles may be conducted during the same
fiscal year, subject to availability of funds. Upon request,
Agency staff shall provide reasonable assistance to any
applicant in completing a grant application or meeting a
post-award requirement.
(h) Except as provided in Section 17.5 of this Act, any
moneys received by the Agency from donations or sponsorships
unrelated to a disaster shall be deposited in the Emergency
Planning and Training Fund and used by the Agency, subject to
appropriation, to effectuate planning and training activities.
Any moneys received by the Agency from donations during a
disaster and intended for disaster response or recovery shall
be deposited into the Disaster Response and Recovery Fund and
used for disaster response and recovery pursuant to the
Disaster Relief Act.
(i) The Illinois Emergency Management Agency may by rule
assess and collect reasonable fees for attendance at
Agency-sponsored conferences to enable the Agency to carry out
the requirements of this Act. Any moneys received under this
subsection shall be deposited in the Emergency Planning and
Training Fund and used by the Agency, subject to
appropriation, for planning and training activities.
(j) The Illinois Emergency Management Agency is authorized
to make grants to other State agencies, public universities,
units of local government, and statewide mutual aid
organizations to enhance statewide emergency preparedness and
response.
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1115, eff. 1-9-23.)