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Illinois Senate Bill SB3434

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3434 Compare Versions

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1-Public Act 103-0999
21 SB3434 EnrolledLRB103 38192 JAG 68325 b SB3434 Enrolled LRB103 38192 JAG 68325 b
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4-AN ACT concerning State government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Illinois Emergency Management Agency Act is
8-amended by changing Section 5 as follows:
3+1 AN ACT concerning State government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Illinois Emergency Management Agency Act is
7+5 amended by changing Section 5 as follows:
8+6 (20 ILCS 3305/5) (from Ch. 127, par. 1055)
9+7 Sec. 5. Illinois Emergency Management Agency.
10+8 (a) There is created within the executive branch of the
11+9 State Government an Illinois Emergency Management Agency and a
12+10 Director of the Illinois Emergency Management Agency, herein
13+11 called the "Director" who shall be the head thereof. The
14+12 Director shall be appointed by the Governor, with the advice
15+13 and consent of the Senate, and shall serve for a term of 2
16+14 years beginning on the third Monday in January of the
17+15 odd-numbered year, and until a successor is appointed and has
18+16 qualified; except that the term of the first Director
19+17 appointed under this Act shall expire on the third Monday in
20+18 January, 1989. The Director shall not hold any other
21+19 remunerative public office. For terms beginning after January
22+20 18, 2019 (the effective date of Public Act 100-1179) and
23+21 before January 16, 2023, the annual salary of the Director
24+22 shall be as provided in Section 5-300 of the Civil
25+23 Administrative Code of Illinois. Notwithstanding any other
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34+1 provision of law, for terms beginning on or after January 16,
35+2 2023, the Director shall receive an annual salary of $180,000
36+3 or as set by the Governor, whichever is higher. On July 1,
37+4 2023, and on each July 1 thereafter, the Director shall
38+5 receive an increase in salary based on a cost of living
39+6 adjustment as authorized by Senate Joint Resolution 192 of the
40+7 86th General Assembly.
41+8 For terms beginning on or after January 16, 2023, the
42+9 Assistant Director of the Illinois Emergency Management Agency
43+10 shall receive an annual salary of $156,600 or as set by the
44+11 Governor, whichever is higher. On July 1, 2023, and on each
45+12 July 1 thereafter, the Assistant Director shall receive an
46+13 increase in salary based on a cost of living adjustment as
47+14 authorized by Senate Joint Resolution 192 of the 86th General
48+15 Assembly.
49+16 (b) The Illinois Emergency Management Agency shall obtain,
50+17 under the provisions of the Personnel Code, technical,
51+18 clerical, stenographic and other administrative personnel, and
52+19 may make expenditures within the appropriation therefor as may
53+20 be necessary to carry out the purpose of this Act. The agency
54+21 created by this Act is intended to be a successor to the agency
55+22 created under the Illinois Emergency Services and Disaster
56+23 Agency Act of 1975 and the personnel, equipment, records, and
57+24 appropriations of that agency are transferred to the successor
58+25 agency as of June 30, 1988 (the effective date of this Act).
59+26 (c) The Director, subject to the direction and control of
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70+1 the Governor, shall be the executive head of the Illinois
71+2 Emergency Management Agency and the State Emergency Response
72+3 Commission and shall be responsible under the direction of the
73+4 Governor, for carrying out the program for emergency
74+5 management of this State. The Director shall also maintain
75+6 liaison and cooperate with the emergency management
76+7 organizations of this State and other states and of the
77+8 federal government.
78+9 (d) The Illinois Emergency Management Agency shall take an
79+10 integral part in the development and revision of political
80+11 subdivision emergency operations plans prepared under
81+12 paragraph (f) of Section 10. To this end it shall employ or
82+13 otherwise secure the services of professional and technical
83+14 personnel capable of providing expert assistance to the
84+15 emergency services and disaster agencies. These personnel
85+16 shall consult with emergency services and disaster agencies on
86+17 a regular basis and shall make field examinations of the
87+18 areas, circumstances, and conditions that particular political
88+19 subdivision emergency operations plans are intended to apply.
89+20 (e) The Illinois Emergency Management Agency and political
90+21 subdivisions shall be encouraged to form an emergency
91+22 management advisory committee composed of private and public
92+23 personnel representing the emergency management phases of
93+24 mitigation, preparedness, response, and recovery. The Local
94+25 Emergency Planning Committee, as created under the Illinois
95+26 Emergency Planning and Community Right to Know Act, shall
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106+1 serve as an advisory committee to the emergency services and
107+2 disaster agency or agencies serving within the boundaries of
108+3 that Local Emergency Planning Committee planning district for:
109+4 (1) the development of emergency operations plan
110+5 provisions for hazardous chemical emergencies; and
111+6 (2) the assessment of emergency response capabilities
112+7 related to hazardous chemical emergencies.
113+8 (f) The Illinois Emergency Management Agency shall:
114+9 (1) Coordinate the overall emergency management
115+10 program of the State.
116+11 (2) Cooperate with local governments, the federal
117+12 government, and any public or private agency or entity in
118+13 achieving any purpose of this Act and in implementing
119+14 emergency management programs for mitigation,
120+15 preparedness, response, and recovery.
121+16 (2.5) Develop a comprehensive emergency preparedness
122+17 and response plan for any nuclear accident in accordance
123+18 with Section 65 of the Nuclear Safety Law of 2004 and in
124+19 development of the Illinois Nuclear Safety Preparedness
125+20 program in accordance with Section 8 of the Illinois
126+21 Nuclear Safety Preparedness Act.
127+22 (2.6) Coordinate with the Department of Public Health
128+23 with respect to planning for and responding to public
129+24 health emergencies.
130+25 (3) Prepare, for issuance by the Governor, executive
131+26 orders, proclamations, and regulations as necessary or
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142+1 appropriate in coping with disasters.
143+2 (4) Promulgate rules and requirements for political
144+3 subdivision emergency operations plans that are not
145+4 inconsistent with and are at least as stringent as
146+5 applicable federal laws and regulations.
147+6 (5) Review and approve, in accordance with Illinois
148+7 Emergency Management Agency rules, emergency operations
149+8 plans for those political subdivisions required to have an
150+9 emergency services and disaster agency pursuant to this
151+10 Act.
152+11 (5.5) Promulgate rules and requirements for the
153+12 political subdivision emergency management exercises,
154+13 including, but not limited to, exercises of the emergency
155+14 operations plans.
156+15 (5.10) Review, evaluate, and approve, in accordance
157+16 with Illinois Emergency Management Agency rules, political
158+17 subdivision emergency management exercises for those
159+18 political subdivisions required to have an emergency
160+19 services and disaster agency pursuant to this Act.
161+20 (6) Determine requirements of the State and its
162+21 political subdivisions for food, clothing, and other
163+22 necessities in event of a disaster.
164+23 (7) Establish a register of persons with types of
165+24 emergency management training and skills in mitigation,
166+25 preparedness, response, and recovery.
167+26 (8) Establish a register of government and private
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178+1 response resources available for use in a disaster.
179+2 (9) Expand the Earthquake Awareness Program and its
180+3 efforts to distribute earthquake preparedness materials to
181+4 schools, political subdivisions, community groups, civic
182+5 organizations, and the media. Emphasis will be placed on
183+6 those areas of the State most at risk from an earthquake.
184+7 Maintain the list of all school districts, hospitals,
185+8 airports, power plants, including nuclear power plants,
186+9 lakes, dams, emergency response facilities of all types,
187+10 and all other major public or private structures which are
188+11 at the greatest risk of damage from earthquakes under
189+12 circumstances where the damage would cause subsequent harm
190+13 to the surrounding communities and residents.
191+14 (10) Disseminate all information, completely and
192+15 without delay, on water levels for rivers and streams and
193+16 any other data pertaining to potential flooding supplied
194+17 by the Division of Water Resources within the Department
195+18 of Natural Resources to all political subdivisions to the
196+19 maximum extent possible.
197+20 (11) Develop agreements, if feasible, with medical
198+21 supply and equipment firms to supply resources as are
199+22 necessary to respond to an earthquake or any other
200+23 disaster as defined in this Act. These resources will be
201+24 made available upon notifying the vendor of the disaster.
202+25 Payment for the resources will be in accordance with
203+26 Section 7 of this Act. The Illinois Department of Public
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214+1 Health shall determine which resources will be required
215+2 and requested.
216+3 (11.5) In coordination with the Illinois State Police,
217+4 develop and implement a community outreach program to
218+5 promote awareness among the State's parents and children
219+6 of child abduction prevention and response.
220+7 (12) Out of funds appropriated for these purposes,
221+8 award capital and non-capital grants to Illinois hospitals
222+9 or health care facilities located outside of a city with a
223+10 population in excess of 1,000,000 to be used for purposes
224+11 that include, but are not limited to, preparing to respond
225+12 to mass casualties and disasters, maintaining and
226+13 improving patient safety and quality of care, and
227+14 protecting the confidentiality of patient information. No
228+15 single grant for a capital expenditure shall exceed
229+16 $300,000. No single grant for a non-capital expenditure
230+17 shall exceed $100,000. In awarding such grants, preference
231+18 shall be given to hospitals that serve a significant
232+19 number of Medicaid recipients, but do not qualify for
233+20 disproportionate share hospital adjustment payments under
234+21 the Illinois Public Aid Code. To receive such a grant, a
235+22 hospital or health care facility must provide funding of
236+23 at least 50% of the cost of the project for which the grant
237+24 is being requested. In awarding such grants the Illinois
238+25 Emergency Management Agency shall consider the
239+26 recommendations of the Illinois Hospital Association.
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250+1 (13) Do all other things necessary, incidental or
251+2 appropriate for the implementation of this Act.
252+3 (g) The Illinois Emergency Management Agency is authorized
253+4 to make grants to various higher education institutions,
254+5 public K-12 school districts, area vocational centers as
255+6 designated by the State Board of Education, inter-district
256+7 special education cooperatives, regional safe schools, and
257+8 nonpublic K-12 schools for safety and security improvements.
258+9 For the purpose of this subsection (g), "higher education
259+10 institution" means a public university, a public community
260+11 college, or an independent, not-for-profit or for-profit
261+12 higher education institution located in this State. Grants
262+13 made under this subsection (g) shall be paid out of moneys
263+14 appropriated for that purpose from the Build Illinois Bond
264+15 Fund. The Illinois Emergency Management Agency shall adopt
265+16 rules to implement this subsection (g). These rules may
266+17 specify: (i) the manner of applying for grants; (ii) project
267+18 eligibility requirements; (iii) restrictions on the use of
268+19 grant moneys; (iv) the manner in which the various higher
269+20 education institutions must account for the use of grant
270+21 moneys; and (v) any other provision that the Illinois
271+22 Emergency Management Agency determines to be necessary or
272+23 useful for the administration of this subsection (g).
273+24 (g-5) The Illinois Emergency Management Agency is
274+25 authorized to make grants to not-for-profit organizations
275+26 which are exempt from federal income taxation under section
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286+1 501(c)(3) of the Federal Internal Revenue Code for eligible
287+2 security improvements that assist the organization in
288+3 preventing, preparing for, or responding to threats, attacks,
289+4 or acts of terrorism. To be eligible for a grant under the
290+5 program, the Agency must determine that the organization is at
291+6 a high risk of being subject to threats, attacks, or acts of
292+7 terrorism based on the organization's profile, ideology,
293+8 mission, or beliefs. Eligible security improvements shall
294+9 include all eligible preparedness activities under the federal
295+10 Nonprofit Security Grant Program, including, but not limited
296+11 to, physical security upgrades, security training exercises,
297+12 preparedness training exercises, contracting with security
298+13 personnel, and any other security upgrades deemed eligible by
299+14 the Director. Eligible security improvements shall not
300+15 duplicate, in part or in whole, a project included under any
301+16 awarded federal grant or in a pending federal application. The
302+17 Director shall establish procedures and forms by which
303+18 applicants may apply for a grant and procedures for
304+19 distributing grants to recipients. Any security improvements
305+20 awarded shall remain at the physical property listed in the
306+21 grant application, unless authorized by Agency rule or
307+22 approved by the Agency in writing. The procedures shall
308+23 require each applicant to do the following:
309+24 (1) identify and substantiate prior or current
310+25 threats, attacks, or acts of terrorism against the
311+26 not-for-profit organization;
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322+1 (2) indicate the symbolic or strategic value of one or
323+2 more sites that renders the site a possible target of a
324+3 threat, attack, or act of terrorism;
325+4 (3) discuss potential consequences to the organization
326+5 if the site is damaged, destroyed, or disrupted by a
327+6 threat, attack, or act of terrorism;
328+7 (4) describe how the grant will be used to integrate
329+8 organizational preparedness with broader State and local
330+9 preparedness efforts, as described by the Agency in each
331+10 Notice of Opportunity for Funding;
332+11 (5) submit (i) a vulnerability assessment conducted by
333+12 experienced security, law enforcement, or military
334+13 personnel, or conducted using an Agency-approved or
335+14 federal Nonprofit Security Grant Program self-assessment
336+15 tool, and (ii) a description of how the grant award will be
337+16 used to address the vulnerabilities identified in the
338+17 assessment; and
339+18 (6) submit any other relevant information as may be
340+19 required by the Director.
341+20 The Agency is authorized to use funds appropriated for the
342+21 grant program described in this subsection (g-5) to administer
343+22 the program. Any Agency Notice of Opportunity for Funding,
344+23 proposed or final rulemaking, guidance, training opportunity,
345+24 or other resource related to the grant program must be
346+25 published on the Agency's publicly available website, and any
347+26 announcements related to funding shall be shared with all
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358+1 State legislative offices, the Governor's office, emergency
359+2 services and disaster agencies mandated or required pursuant
360+3 to subsections (b) through (d) of Section 10, and any other
361+4 State agencies as determined by the Agency. Subject to
362+5 appropriation, the grant application period shall be open for
363+6 no less than 45 calendar days during the first application
364+7 cycle each fiscal year, unless the Agency determines that a
365+8 shorter period is necessary to avoid conflicts with the annual
366+9 federal Nonprofit Security Grant Program funding cycle.
367+10 Additional application cycles may be conducted during the same
368+11 fiscal year, subject to availability of funds. Upon request,
369+12 Agency staff shall provide reasonable assistance to any
370+13 applicant in completing a grant application or meeting a
371+14 post-award requirement.
372+15 (h) Except as provided in Section 17.5 of this Act, any
373+16 moneys received by the Agency from donations or sponsorships
374+17 unrelated to a disaster shall be deposited in the Emergency
375+18 Planning and Training Fund and used by the Agency, subject to
376+19 appropriation, to effectuate planning and training activities.
377+20 Any moneys received by the Agency from donations during a
378+21 disaster and intended for disaster response or recovery shall
379+22 be deposited into the Disaster Response and Recovery Fund and
380+23 used for disaster response and recovery pursuant to the
381+24 Disaster Relief Act.
382+25 (i) The Illinois Emergency Management Agency may by rule
383+26 assess and collect reasonable fees for attendance at
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