Illinois 2025-2026 Regular Session

Illinois House Bill HB3485 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3485 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: 20 ILCS 3305/1 from Ch. 127, par. 105120 ILCS 3305/2 from Ch. 127, par. 105220 ILCS 3305/4 from Ch. 127, par. 105420 ILCS 3305/5 from Ch. 127, par. 105520 ILCS 3305/6 from Ch. 127, par. 105620 ILCS 3305/7 from Ch. 127, par. 105720 ILCS 3305/8 from Ch. 127, par. 105820 ILCS 3305/10 from Ch. 127, par. 106020 ILCS 3305/12 from Ch. 127, par. 106220 ILCS 3305/14 from Ch. 127, par. 106420 ILCS 3305/17.820 ILCS 3305/18 from Ch. 127, par. 106820 ILCS 3305/20 from Ch. 127, par. 107020 ILCS 3305/2320 ILCS 3305/24 new20 ILCS 3305/26 new20 ILCS 3305/27 new Amends the Illinois Emergency Management Agency Act. Changes the name of the Act to the IEMA-OHS Act. Makes conforming changes and adds references to homeland security and the Office of Homeland Security within the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS) throughout the Act. Adds and changes definitions. Deletes provisions regarding certain salaries in previous years. In provisions listing responsibilities of IEMA-OHS, adds responsibilities regarding nuclear and radiation safety and homeland security. Provides for the appointment of a Homeland Security Advisor with the advice and consent of the Senate, as well as discretionary Deputy Homeland Security Advisors, with other requirements. Establishes the Illinois Homeland Security Advisory Council, with certain requirements. Creates the Illinois Cybersecurity Commission, with certain requirements. Creates the position of Statewide Interoperability Coordinator. Makes other changes. LRB104 09469 BDA 19530 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3485 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: 20 ILCS 3305/1 from Ch. 127, par. 105120 ILCS 3305/2 from Ch. 127, par. 105220 ILCS 3305/4 from Ch. 127, par. 105420 ILCS 3305/5 from Ch. 127, par. 105520 ILCS 3305/6 from Ch. 127, par. 105620 ILCS 3305/7 from Ch. 127, par. 105720 ILCS 3305/8 from Ch. 127, par. 105820 ILCS 3305/10 from Ch. 127, par. 106020 ILCS 3305/12 from Ch. 127, par. 106220 ILCS 3305/14 from Ch. 127, par. 106420 ILCS 3305/17.820 ILCS 3305/18 from Ch. 127, par. 106820 ILCS 3305/20 from Ch. 127, par. 107020 ILCS 3305/2320 ILCS 3305/24 new20 ILCS 3305/26 new20 ILCS 3305/27 new 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 3305/17.8 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 3305/26 new 20 ILCS 3305/27 new Amends the Illinois Emergency Management Agency Act. Changes the name of the Act to the IEMA-OHS Act. Makes conforming changes and adds references to homeland security and the Office of Homeland Security within the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS) throughout the Act. Adds and changes definitions. Deletes provisions regarding certain salaries in previous years. In provisions listing responsibilities of IEMA-OHS, adds responsibilities regarding nuclear and radiation safety and homeland security. Provides for the appointment of a Homeland Security Advisor with the advice and consent of the Senate, as well as discretionary Deputy Homeland Security Advisors, with other requirements. Establishes the Illinois Homeland Security Advisory Council, with certain requirements. Creates the Illinois Cybersecurity Commission, with certain requirements. Creates the position of Statewide Interoperability Coordinator. Makes other changes. LRB104 09469 BDA 19530 b LRB104 09469 BDA 19530 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3485 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
33 20 ILCS 3305/1 from Ch. 127, par. 105120 ILCS 3305/2 from Ch. 127, par. 105220 ILCS 3305/4 from Ch. 127, par. 105420 ILCS 3305/5 from Ch. 127, par. 105520 ILCS 3305/6 from Ch. 127, par. 105620 ILCS 3305/7 from Ch. 127, par. 105720 ILCS 3305/8 from Ch. 127, par. 105820 ILCS 3305/10 from Ch. 127, par. 106020 ILCS 3305/12 from Ch. 127, par. 106220 ILCS 3305/14 from Ch. 127, par. 106420 ILCS 3305/17.820 ILCS 3305/18 from Ch. 127, par. 106820 ILCS 3305/20 from Ch. 127, par. 107020 ILCS 3305/2320 ILCS 3305/24 new20 ILCS 3305/26 new20 ILCS 3305/27 new 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 3305/17.8 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 3305/26 new 20 ILCS 3305/27 new
44 20 ILCS 3305/1 from Ch. 127, par. 1051
55 20 ILCS 3305/2 from Ch. 127, par. 1052
66 20 ILCS 3305/4 from Ch. 127, par. 1054
77 20 ILCS 3305/5 from Ch. 127, par. 1055
88 20 ILCS 3305/6 from Ch. 127, par. 1056
99 20 ILCS 3305/7 from Ch. 127, par. 1057
1010 20 ILCS 3305/8 from Ch. 127, par. 1058
1111 20 ILCS 3305/10 from Ch. 127, par. 1060
1212 20 ILCS 3305/12 from Ch. 127, par. 1062
1313 20 ILCS 3305/14 from Ch. 127, par. 1064
1414 20 ILCS 3305/17.8
1515 20 ILCS 3305/18 from Ch. 127, par. 1068
1616 20 ILCS 3305/20 from Ch. 127, par. 1070
1717 20 ILCS 3305/23
1818 20 ILCS 3305/24 new
1919 20 ILCS 3305/26 new
2020 20 ILCS 3305/27 new
2121 Amends the Illinois Emergency Management Agency Act. Changes the name of the Act to the IEMA-OHS Act. Makes conforming changes and adds references to homeland security and the Office of Homeland Security within the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS) throughout the Act. Adds and changes definitions. Deletes provisions regarding certain salaries in previous years. In provisions listing responsibilities of IEMA-OHS, adds responsibilities regarding nuclear and radiation safety and homeland security. Provides for the appointment of a Homeland Security Advisor with the advice and consent of the Senate, as well as discretionary Deputy Homeland Security Advisors, with other requirements. Establishes the Illinois Homeland Security Advisory Council, with certain requirements. Creates the Illinois Cybersecurity Commission, with certain requirements. Creates the position of Statewide Interoperability Coordinator. Makes other changes.
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2727 1 AN ACT concerning State government.
2828 2 Be it enacted by the People of the State of Illinois,
2929 3 represented in the General Assembly:
3030 4 Section 5. The Illinois Emergency Management Agency Act is
3131 5 amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 12,
3232 6 14, 17.8, 18, 20, and 23 and by adding Sections 24, 26, and 27
3333 7 as follows:
3434 8 (20 ILCS 3305/1) (from Ch. 127, par. 1051)
3535 9 Sec. 1. Short Title. This Act may be cited as the IEMA-OHS
3636 10 Illinois Emergency Management Agency Act.
3737 11 (Source: P.A. 87-168.)
3838 12 (20 ILCS 3305/2) (from Ch. 127, par. 1052)
3939 13 Sec. 2. Policy and Purposes.
4040 14 (a) Because of the possibility of the occurrence of
4141 15 disasters of unprecedented size and destructiveness resulting
4242 16 from the explosion in this or in neighboring states of atomic
4343 17 or other means from without or by means of sabotage or other
4444 18 disloyal actions within, or from fire, flood, earthquake,
4545 19 telecommunications failure, or other natural or technological
4646 20 causes, and in order to insure that this State will be prepared
4747 21 to and will adequately deal with any disasters, preserve the
4848 22 lives and property of the people of this State and protect the
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5252 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3485 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
5353 20 ILCS 3305/1 from Ch. 127, par. 105120 ILCS 3305/2 from Ch. 127, par. 105220 ILCS 3305/4 from Ch. 127, par. 105420 ILCS 3305/5 from Ch. 127, par. 105520 ILCS 3305/6 from Ch. 127, par. 105620 ILCS 3305/7 from Ch. 127, par. 105720 ILCS 3305/8 from Ch. 127, par. 105820 ILCS 3305/10 from Ch. 127, par. 106020 ILCS 3305/12 from Ch. 127, par. 106220 ILCS 3305/14 from Ch. 127, par. 106420 ILCS 3305/17.820 ILCS 3305/18 from Ch. 127, par. 106820 ILCS 3305/20 from Ch. 127, par. 107020 ILCS 3305/2320 ILCS 3305/24 new20 ILCS 3305/26 new20 ILCS 3305/27 new 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 3305/17.8 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 3305/26 new 20 ILCS 3305/27 new
5454 20 ILCS 3305/1 from Ch. 127, par. 1051
5555 20 ILCS 3305/2 from Ch. 127, par. 1052
5656 20 ILCS 3305/4 from Ch. 127, par. 1054
5757 20 ILCS 3305/5 from Ch. 127, par. 1055
5858 20 ILCS 3305/6 from Ch. 127, par. 1056
5959 20 ILCS 3305/7 from Ch. 127, par. 1057
6060 20 ILCS 3305/8 from Ch. 127, par. 1058
6161 20 ILCS 3305/10 from Ch. 127, par. 1060
6262 20 ILCS 3305/12 from Ch. 127, par. 1062
6363 20 ILCS 3305/14 from Ch. 127, par. 1064
6464 20 ILCS 3305/17.8
6565 20 ILCS 3305/18 from Ch. 127, par. 1068
6666 20 ILCS 3305/20 from Ch. 127, par. 1070
6767 20 ILCS 3305/23
6868 20 ILCS 3305/24 new
6969 20 ILCS 3305/26 new
7070 20 ILCS 3305/27 new
7171 Amends the Illinois Emergency Management Agency Act. Changes the name of the Act to the IEMA-OHS Act. Makes conforming changes and adds references to homeland security and the Office of Homeland Security within the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS) throughout the Act. Adds and changes definitions. Deletes provisions regarding certain salaries in previous years. In provisions listing responsibilities of IEMA-OHS, adds responsibilities regarding nuclear and radiation safety and homeland security. Provides for the appointment of a Homeland Security Advisor with the advice and consent of the Senate, as well as discretionary Deputy Homeland Security Advisors, with other requirements. Establishes the Illinois Homeland Security Advisory Council, with certain requirements. Creates the Illinois Cybersecurity Commission, with certain requirements. Creates the position of Statewide Interoperability Coordinator. Makes other changes.
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8383 20 ILCS 3305/5 from Ch. 127, par. 1055
8484 20 ILCS 3305/6 from Ch. 127, par. 1056
8585 20 ILCS 3305/7 from Ch. 127, par. 1057
8686 20 ILCS 3305/8 from Ch. 127, par. 1058
8787 20 ILCS 3305/10 from Ch. 127, par. 1060
8888 20 ILCS 3305/12 from Ch. 127, par. 1062
8989 20 ILCS 3305/14 from Ch. 127, par. 1064
9090 20 ILCS 3305/17.8
9191 20 ILCS 3305/18 from Ch. 127, par. 1068
9292 20 ILCS 3305/20 from Ch. 127, par. 1070
9393 20 ILCS 3305/23
9494 20 ILCS 3305/24 new
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9696 20 ILCS 3305/27 new
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115115 1 public peace, health, and safety in the event of a disaster, it
116116 2 is found and declared to be necessary:
117117 3 (1) To create a State emergency management and
118118 4 homeland security agency an Illinois Emergency Management
119119 5 Agency and to authorize emergency management and homeland
120120 6 security programs within the political subdivisions of the
121121 7 State.
122122 8 (2) To confer upon the Governor and upon the principal
123123 9 executive officer of the political subdivisions of the
124124 10 State the powers provided herein.
125125 11 (3) To provide for the rendering of mutual aid among
126126 12 the political subdivisions and taxing districts of the
127127 13 State and with other states and with respect to the
128128 14 carrying out of an emergency management and homeland
129129 15 security programs program.
130130 16 (b) It is further declared to be the purpose of this Act
131131 17 and the policy of the State that all emergency management and
132132 18 homeland security programs of this State be coordinated to the
133133 19 maximum extent with the comparable programs of the federal
134134 20 government, including its various departments and agencies, of
135135 21 other states and localities and private agencies of every
136136 22 type, to the end that the most effective preparation and use
137137 23 may be made of the nation's resources and facilities for
138138 24 dealing with any disaster that may occur.
139139 25 (Source: P.A. 87-168; 88-606, eff. 1-1-95.)
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150150 1 (20 ILCS 3305/4) (from Ch. 127, par. 1054)
151151 2 Sec. 4. Definitions. As used in this Act, unless the
152152 3 context clearly indicates otherwise, the following words and
153153 4 terms have the meanings ascribed to them in this Section:
154154 5 "Coordinator" means the staff assistant to the principal
155155 6 executive officer of a political subdivision with the duty of
156156 7 coordinating the emergency management programs of that
157157 8 political subdivision.
158158 9 "Cyber incident" means an event occurring on or conducted
159159 10 through a computer network that actually or imminently
160160 11 jeopardizes the integrity, confidentiality, or availability of
161161 12 computers, information or communications systems or networks,
162162 13 physical or virtual infrastructure controlled by computers or
163163 14 information systems, or information resident thereon that
164164 15 affect or control infrastructure or communications networks
165165 16 utilized by the public. "Cyber incident" includes a
166166 17 vulnerability in information systems, system security
167167 18 procedures, internal controls, or implementations that could
168168 19 be exploited by a threat source that affect or control
169169 20 infrastructure or communications networks utilized by the
170170 21 public.
171171 22 "Disaster" means an occurrence or threat of widespread or
172172 23 severe damage, injury or loss of life or property resulting
173173 24 from any natural, technological, or human cause, including but
174174 25 not limited to fire, flood, earthquake, wind, storm, hazardous
175175 26 materials spill or other water contamination requiring
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186186 1 emergency action to avert danger or damage, epidemic, air
187187 2 contamination, blight, extended periods of severe and
188188 3 inclement weather, drought, infestation, critical shortages of
189189 4 essential fuels and energy, explosion, riot, hostile military
190190 5 or paramilitary action, public health emergencies, cyber
191191 6 incidents, or acts of domestic terrorism.
192192 7 "Emergency Management" means the efforts of the State and
193193 8 the political subdivisions to develop, plan, analyze, conduct,
194194 9 provide, implement and maintain programs for disaster
195195 10 mitigation, preparedness, response and recovery.
196196 11 "Emergency Services and Disaster Agency" means the agency
197197 12 by this name, by the name Emergency Management Agency, or by
198198 13 any other name that is established by ordinance within a
199199 14 political subdivision to coordinate the emergency management
200200 15 program within that political subdivision and with private
201201 16 organizations, other political subdivisions, the State and
202202 17 federal governments.
203203 18 "Emergency Operations Plan" means the written plan of the
204204 19 State and political subdivisions describing the organization,
205205 20 mission, and functions of the government and supporting
206206 21 services for responding to and recovering from disasters and
207207 22 shall include plans that take into account the needs of those
208208 23 individuals with household pets and service animals following
209209 24 a major disaster or emergency.
210210 25 "Emergency Services" means the coordination of functions
211211 26 by the State and its political subdivisions subdivision, other
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222222 1 than functions for which military forces are primarily
223223 2 responsible, as may be necessary or proper to prevent,
224224 3 minimize, repair, and alleviate injury and damage resulting
225225 4 from any natural or technological causes. These functions
226226 5 include, without limitation, fire fighting services, police
227227 6 services, emergency aviation services, medical and health
228228 7 services, HazMat and technical rescue teams, rescue,
229229 8 engineering, warning services, communications, radiological,
230230 9 chemical and other special weapons defense, evacuation of
231231 10 persons from stricken or threatened areas, emergency assigned
232232 11 functions of plant protection, temporary restoration of public
233233 12 utility services and other functions related to civilian
234234 13 protection, together with all other activities necessary or
235235 14 incidental to protecting life or property.
236236 15 "Exercise" means a planned event realistically simulating
237237 16 a disaster, conducted for the purpose of evaluating the
238238 17 political subdivision's coordinated emergency management
239239 18 capabilities or evaluating the State's emergency management
240240 19 and homeland security capabilities, including, but not limited
241241 20 to, testing the emergency operations plan.
242242 21 "HazMat team" means a career or volunteer mobile support
243243 22 team that has been authorized by a unit of local government to
244244 23 respond to hazardous materials emergencies and that is
245245 24 primarily designed for emergency response to chemical or
246246 25 biological terrorism, radiological emergencies, hazardous
247247 26 material spills, releases, or fires, or other contamination
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258258 1 events.
259259 2 "Illinois Emergency Management Agency and Office of
260260 3 Homeland Security" or "Agency" means the agency established by
261261 4 this Act within the executive branch of State Government
262262 5 responsible for coordination of the overall emergency
263263 6 management and homeland security programs program of the State
264264 7 and with private organizations, political subdivisions, and
265265 8 the federal government. "Illinois Emergency Management Agency
266266 9 and Office of Homeland Security" also means the State
267267 10 Emergency Response Commission responsible for the
268268 11 implementation of Title III of the Superfund Amendments and
269269 12 Reauthorization Act of 1986.
270270 13 "Interoperable communications" means the ability of
271271 14 emergency response providers and relevant State and local
272272 15 government agencies to communicate through a dedicated public
273273 16 safety network, utilizing information technology systems and
274274 17 radio communications systems, and to exchange voice, data, and
275275 18 video on demand in real time.
276276 19 "Mobile Support Team" means a group of individuals
277277 20 designated as a team by the Governor or Director to train prior
278278 21 to and to be dispatched, if the Governor or the Director so
279279 22 determines, to aid and reinforce the State and political
280280 23 subdivision emergency management efforts in response to a
281281 24 disaster.
282282 25 "Municipality" means any city, village, and incorporated
283283 26 town.
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294294 1 "Political Subdivision" means any county, city, village,
295295 2 or incorporated town or township if the township is in a county
296296 3 having a population of more than 2,000,000.
297297 4 "Principal Executive Officer" means chair of the county
298298 5 board, supervisor of a township if the township is in a county
299299 6 having a population of more than 2,000,000, mayor of a city or
300300 7 incorporated town, president of a village, or in their absence
301301 8 or disability, the interim successor as established under
302302 9 Section 7 of the Emergency Interim Executive Succession Act.
303303 10 "Public health emergency" means an occurrence or imminent
304304 11 threat of an illness or health condition that:
305305 12 (a) is believed to be caused by any of the following:
306306 13 (i) bioterrorism;
307307 14 (ii) the appearance of a novel or previously
308308 15 controlled or eradicated infectious agent or
309309 16 biological toxin;
310310 17 (iii) a natural disaster;
311311 18 (iv) a chemical attack or accidental release; or
312312 19 (v) a nuclear attack or accident; and
313313 20 (b) poses a high probability of any of the following
314314 21 harms:
315315 22 (i) a large number of deaths in the affected
316316 23 population;
317317 24 (ii) a large number of serious or long-term
318318 25 disabilities in the affected population; or
319319 26 (iii) widespread exposure to an infectious or
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330330 1 toxic agent that poses a significant risk of
331331 2 substantial future harm to a large number of people in
332332 3 the affected population.
333333 4 "Statewide mutual aid organization" means an entity with
334334 5 local government members throughout the State that facilitates
335335 6 temporary assistance through its members in a particular
336336 7 public safety discipline, such as police, fire or emergency
337337 8 management, when an occurrence exceeds a member jurisdiction's
338338 9 capabilities.
339339 10 "Technical rescue team" means a career or volunteer mobile
340340 11 support team that has been authorized by a unit of local
341341 12 government to respond to building collapse, high angle rescue,
342342 13 and other specialized rescue emergencies and that is primarily
343343 14 designated for emergency response to technical rescue events.
344344 15 (Source: P.A. 102-485, eff. 8-20-21.)
345345 16 (20 ILCS 3305/5) (from Ch. 127, par. 1055)
346346 17 Sec. 5. Illinois Emergency Management Agency and Office of
347347 18 Homeland Security.
348348 19 (a) There is created within the executive branch of the
349349 20 State Government an Illinois Emergency Management Agency and
350350 21 Office of Homeland Security and a Director of the Illinois
351351 22 Emergency Management Agency and Office of Homeland Security,
352352 23 herein called the "Director" who shall be the head thereof.
353353 24 The Director shall be appointed by the Governor, with the
354354 25 advice and consent of the Senate, and shall serve for a term of
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365365 1 2 years beginning on the third Monday in January of the
366366 2 odd-numbered year, and until a successor is appointed and has
367367 3 qualified; except that the term of the first Director
368368 4 appointed under this Act shall expire on the third Monday in
369369 5 January, 1989. The Director shall not hold any other
370370 6 remunerative public office. For terms beginning after January
371371 7 18, 2019 (the effective date of Public Act 100-1179) and
372372 8 before January 16, 2023, the annual salary of the Director
373373 9 shall be as provided in Section 5-300 of the Civil
374374 10 Administrative Code of Illinois. Notwithstanding any other
375375 11 provision of law, for terms beginning on or after January 16,
376376 12 2023, the Director shall receive an annual salary of $180,000
377377 13 or as set by the Governor, whichever is higher. On July 1,
378378 14 2023, and on each July 1 thereafter, the Director shall
379379 15 receive an increase in salary based on a cost of living
380380 16 adjustment as authorized by Senate Joint Resolution 192 of the
381381 17 86th General Assembly.
382382 18 For terms beginning on or after January 16, 2023, the
383383 19 Assistant Director of the Illinois Emergency Management Agency
384384 20 shall receive an annual salary of $156,600 or as set by the
385385 21 Governor, whichever is higher. On July 1, 2023, and on each
386386 22 July 1 thereafter, the Assistant Director shall receive an
387387 23 increase in salary based on a cost of living adjustment as
388388 24 authorized by Senate Joint Resolution 192 of the 86th General
389389 25 Assembly.
390390 26 (b) The Illinois Emergency Management Agency shall obtain,
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401401 1 under the provisions of the Personnel Code, technical,
402402 2 clerical, stenographic and other administrative personnel, and
403403 3 may make expenditures within the appropriation therefor as may
404404 4 be necessary to carry out the purpose of this Act. The agency
405405 5 created by this Act is intended to be a successor to the agency
406406 6 created under the Illinois Emergency Services and Disaster
407407 7 Agency Act of 1975 and the personnel, equipment, records, and
408408 8 appropriations of that agency are transferred to the successor
409409 9 agency as of June 30, 1988 (the effective date of this Act).
410410 10 (c) The Director, subject to the direction and control of
411411 11 the Governor, shall be the executive head of the Illinois
412412 12 Emergency Management Agency and the State Emergency Response
413413 13 Commission and shall be responsible under the direction of the
414414 14 Governor, for carrying out the programs program for emergency
415415 15 management, nuclear and radiation safety, and homeland
416416 16 security of this State. The Director shall also maintain
417417 17 liaison and cooperate with the emergency management, nuclear
418418 18 and radiation safety, and homeland security organizations of
419419 19 this State and other states and of the federal government.
420420 20 (d) The Agency shall have the following emergency
421421 21 management duties:
422422 22 (1) The Illinois Emergency Management Agency shall
423423 23 take an integral part in the development and revision of
424424 24 political subdivision emergency operations plans prepared
425425 25 under paragraph (f) of Section 10. To this end it shall
426426 26 employ or otherwise secure the services of professional
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437437 1 and technical personnel capable of providing expert
438438 2 assistance to the emergency services and disaster
439439 3 agencies. These personnel shall consult with emergency
440440 4 services and disaster agencies on a regular basis and
441441 5 shall make field examinations of the areas, circumstances,
442442 6 and conditions that particular political subdivision
443443 7 emergency operations plans are intended to apply.
444444 8 (2) (e) The Illinois Emergency Management Agency and
445445 9 political subdivisions shall be encouraged to form an
446446 10 emergency management advisory committee composed of
447447 11 private and public personnel representing the emergency
448448 12 management phases of mitigation, preparedness, response,
449449 13 and recovery. The Local Emergency Planning Committee, as
450450 14 created under the Illinois Emergency Planning and
451451 15 Community Right to Know Act, shall serve as an advisory
452452 16 committee to the emergency services and disaster agency or
453453 17 agencies serving within the boundaries of that Local
454454 18 Emergency Planning Committee planning district for:
455455 19 (A) (1) the development of emergency operations
456456 20 plan provisions for hazardous chemical emergencies;
457457 21 and
458458 22 (B) (2) the assessment of emergency response
459459 23 capabilities related to hazardous chemical
460460 24 emergencies.
461461 25 (3) (f) The Illinois Emergency Management Agency
462462 26 shall:
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473473 1 (A) (1) Coordinate the overall emergency
474474 2 management program of the State.
475475 3 (B) (2) Cooperate with local governments, the
476476 4 federal government, and any public or private agency
477477 5 or entity in achieving any purpose of this Act and in
478478 6 implementing emergency management programs for
479479 7 mitigation, preparedness, response, and recovery.
480480 8 (2.5) Develop a comprehensive emergency
481481 9 preparedness and response plan for any nuclear
482482 10 accident in accordance with Section 65 of the Nuclear
483483 11 Safety Law of 2004 and in development of the Illinois
484484 12 Nuclear Safety Preparedness program in accordance with
485485 13 Section 8 of the Illinois Nuclear Safety Preparedness
486486 14 Act.
487487 15 (C) (2.6) Coordinate with the Department of Public
488488 16 Health with respect to planning for and responding to
489489 17 public health emergencies.
490490 18 (D) (3) Prepare, for issuance by the Governor,
491491 19 executive orders, proclamations, and regulations as
492492 20 necessary or appropriate in coping with disasters.
493493 21 (E) (4) Promulgate rules and requirements for
494494 22 political subdivision emergency operations plans that
495495 23 are not inconsistent with and are at least as
496496 24 stringent as applicable federal laws and regulations.
497497 25 (F) (5) Review and approve, in accordance with
498498 26 Illinois Emergency Management Agency rules, emergency
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509509 1 operations plans for those political subdivisions
510510 2 required to have an emergency services and disaster
511511 3 agency pursuant to this Act.
512512 4 (G) (5.5) Promulgate rules and requirements for
513513 5 the political subdivision emergency management
514514 6 exercises, including, but not limited to, exercises of
515515 7 the emergency operations plans.
516516 8 (H) (5.10) Review, evaluate, and approve, in
517517 9 accordance with Illinois Emergency Management Agency
518518 10 rules, political subdivision emergency management
519519 11 exercises for those political subdivisions required to
520520 12 have an emergency services and disaster agency
521521 13 pursuant to this Act.
522522 14 (I) (6) Determine requirements of the State and
523523 15 its political subdivisions for food, clothing, and
524524 16 other necessities in event of a disaster.
525525 17 (J) (7) Establish a register of persons with types
526526 18 of emergency management training and skills in
527527 19 mitigation, preparedness, response, and recovery.
528528 20 (K) (8) Establish a register of government and
529529 21 private response resources available for use in a
530530 22 disaster.
531531 23 (L) (9) Expand the Earthquake Awareness Program
532532 24 and its efforts to distribute earthquake preparedness
533533 25 materials to schools, political subdivisions,
534534 26 community groups, civic organizations, and the media.
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545545 1 Emphasis will be placed on those areas of the State
546546 2 most at risk from an earthquake. Maintain the list of
547547 3 all school districts, hospitals, airports, power
548548 4 plants, including nuclear power plants, lakes, dams,
549549 5 emergency response facilities of all types, and all
550550 6 other major public or private structures which are at
551551 7 the greatest risk of damage from earthquakes under
552552 8 circumstances where the damage would cause subsequent
553553 9 harm to the surrounding communities and residents.
554554 10 (M) (10) Disseminate all information, completely
555555 11 and without delay, on water levels for rivers and
556556 12 streams and any other data pertaining to potential
557557 13 flooding supplied by the Division of Water Resources
558558 14 within the Department of Natural Resources to all
559559 15 political subdivisions to the maximum extent possible.
560560 16 (N) (11) Develop agreements, if feasible, with
561561 17 medical supply and equipment firms to supply resources
562562 18 as are necessary to respond to an earthquake or any
563563 19 other disaster as defined in this Act. These resources
564564 20 will be made available upon notifying the vendor of
565565 21 the disaster. Payment for the resources will be in
566566 22 accordance with Section 7 of this Act. The Illinois
567567 23 Department of Public Health shall determine which
568568 24 resources will be required and requested.
569569 25 (O) (11.5) In coordination with the Illinois State
570570 26 Police, develop and implement a community outreach
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581581 1 program to promote awareness among the State's parents
582582 2 and children of child abduction prevention and
583583 3 response.
584584 4 (P) (12) Out of funds appropriated for these
585585 5 purposes, award capital and non-capital grants to
586586 6 Illinois hospitals or health care facilities located
587587 7 outside of a city with a population in excess of
588588 8 1,000,000 to be used for purposes that include, but
589589 9 are not limited to, preparing to respond to mass
590590 10 casualties and disasters, maintaining and improving
591591 11 patient safety and quality of care, and protecting the
592592 12 confidentiality of patient information. No single
593593 13 grant for a capital expenditure shall exceed $300,000.
594594 14 No single grant for a non-capital expenditure shall
595595 15 exceed $100,000. In awarding such grants, preference
596596 16 shall be given to hospitals that serve a significant
597597 17 number of Medicaid recipients, but do not qualify for
598598 18 disproportionate share hospital adjustment payments
599599 19 under the Illinois Public Aid Code. To receive such a
600600 20 grant, a hospital or health care facility must provide
601601 21 funding of at least 50% of the cost of the project for
602602 22 which the grant is being requested. In awarding such
603603 23 grants the Illinois Emergency Management Agency shall
604604 24 consider the recommendations of the Illinois Hospital
605605 25 Association.
606606 26 (Q) (13) Do all other things necessary, incidental
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617617 1 or appropriate for the implementation of this Act.
618618 2 (4) (g) The Illinois Emergency Management Agency is
619619 3 authorized to make grants to various higher education
620620 4 institutions, public K-12 school districts, area
621621 5 vocational centers as designated by the State Board of
622622 6 Education, inter-district special education cooperatives,
623623 7 regional safe schools, and nonpublic K-12 schools for
624624 8 safety and security improvements. For the purpose of this
625625 9 paragraph subsection (g), "higher education institution"
626626 10 means a public university, a public community college, or
627627 11 an independent, not-for-profit or for-profit higher
628628 12 education institution located in this State. Grants made
629629 13 under this paragraph subsection (g) shall be paid out of
630630 14 moneys appropriated for that purpose from the Build
631631 15 Illinois Bond Fund. The Illinois Emergency Management
632632 16 Agency shall adopt rules to implement this paragraph
633633 17 subsection (g). These rules may specify: (i) the manner of
634634 18 applying for grants; (ii) project eligibility
635635 19 requirements; (iii) restrictions on the use of grant
636636 20 moneys; (iv) the manner in which the various higher
637637 21 education institutions must account for the use of grant
638638 22 moneys; and (v) any other provision that the Illinois
639639 23 Emergency Management Agency determines to be necessary or
640640 24 useful for the administration of this paragraph subsection
641641 25 (g).
642642 26 (5) (g-5) The Illinois Emergency Management Agency is
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653653 1 authorized to make grants to not-for-profit organizations
654654 2 which are exempt from federal income taxation under
655655 3 section 501(c)(3) of the Federal Internal Revenue Code for
656656 4 eligible security improvements that assist the
657657 5 organization in preventing, preparing for, or responding
658658 6 to threats, attacks, or acts of terrorism. To be eligible
659659 7 for a grant under the program, the Agency must determine
660660 8 that the organization is at a high risk of being subject to
661661 9 threats, attacks, or acts of terrorism based on the
662662 10 organization's profile, ideology, mission, or beliefs.
663663 11 Eligible security improvements shall include all eligible
664664 12 preparedness activities under the federal Nonprofit
665665 13 Security Grant Program, including, but not limited to,
666666 14 physical security upgrades, security training exercises,
667667 15 preparedness training exercises, contracting with security
668668 16 personnel, and any other security upgrades deemed eligible
669669 17 by the Director. Eligible security improvements shall not
670670 18 duplicate, in part or in whole, a project included under
671671 19 any awarded federal grant or in a pending federal
672672 20 application. The Director shall establish procedures and
673673 21 forms by which applicants may apply for a grant and
674674 22 procedures for distributing grants to recipients. Any
675675 23 security improvements awarded shall remain at the physical
676676 24 property listed in the grant application, unless
677677 25 authorized by Agency rule or approved by the Agency in
678678 26 writing. The procedures shall require each applicant to do
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689689 1 the following:
690690 2 (A) (1) identify and substantiate prior or current
691691 3 threats, attacks, or acts of terrorism against the
692692 4 not-for-profit organization;
693693 5 (B) (2) indicate the symbolic or strategic value
694694 6 of one or more sites that renders the site a possible
695695 7 target of a threat, attack, or act of terrorism;
696696 8 (C) (3) discuss potential consequences to the
697697 9 organization if the site is damaged, destroyed, or
698698 10 disrupted by a threat, attack, or act of terrorism;
699699 11 (D) (4) describe how the grant will be used to
700700 12 integrate organizational preparedness with broader
701701 13 State and local preparedness efforts, as described by
702702 14 the Agency in each Notice of Opportunity for Funding;
703703 15 (E) (5) submit (i) a vulnerability assessment
704704 16 conducted by experienced security, law enforcement, or
705705 17 military personnel, or conducted using an
706706 18 Agency-approved or federal Nonprofit Security Grant
707707 19 Program self-assessment tool, and (ii) a description
708708 20 of how the grant award will be used to address the
709709 21 vulnerabilities identified in the assessment; and
710710 22 (F) (6) submit any other relevant information as
711711 23 may be required by the Director.
712712 24 The Agency is authorized to use funds appropriated for the
713713 25 grant program described in this paragraph (5) subsection (g-5)
714714 26 to administer the program.
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725725 1 (e) The Agency shall have the following homeland security
726726 2 duties:
727727 3 (1) The Homeland Security Advisor is established as
728728 4 follows:
729729 5 (A) A Homeland Security Advisor shall be appointed
730730 6 by, and report to, the Governor, with the advice and
731731 7 consent of the Senate. The Homeland Security Advisor
732732 8 shall serve a 4-year term. The Governor may, in his
733733 9 discretion, appoint one or more Deputy Homeland
734734 10 Security Advisors to function in the absence of the
735735 11 Homeland Security Advisor on such portfolios as he or
736736 12 she deems appropriate.
737737 13 (B) The Homeland Security advisor shall be
738738 14 responsible for leading the State's strategic response
739739 15 and policy recommendations on all matters pertaining
740740 16 to homeland security, including, but not limited to,
741741 17 development and execution of Statewide prevention
742742 18 efforts associated with violence/targeted violence,
743743 19 terrorism, domestic violent extremism, school safety,
744744 20 cybersecurity, critical infrastructure protection,
745745 21 online safety, public safety training, and mutual aid
746746 22 assistance.
747747 23 (C) The Illinois Emergency Management Agency and
748748 24 Office of Homeland Security shall coordinate with and
749749 25 provide administrative support for the Homeland
750750 26 Security Advisor. The Homeland Security Advisor shall
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761761 1 not hold any other remunerative public office unless
762762 2 the individual is also appointed as a State agency
763763 3 director or secretary.
764764 4 (D) Coordinates with all executive State agencies,
765765 5 regarding the matters of homeland security. Each
766766 6 executive agency shall coordinate and provide
767767 7 briefings to the Homeland Security Advisor to produce
768768 8 unified State strategies on homeland security.
769769 9 (2) The Agency shall:
770770 10 (A) Coordinate and provide administrative support
771771 11 for the Homeland Security Advisor.
772772 12 (B) Oversee, consult, and coordinate comprehensive
773773 13 strategic response and policy recommendations for the
774774 14 Homeland Security Advisor pertaining to all non-law
775775 15 enforcement matters of homeland security for the
776776 16 State. Such matters shall include the assessment,
777777 17 development, and implementation of policies,
778778 18 protocols, and strategies for the prevention,
779779 19 preparedness, and recovery efforts associated with
780780 20 targeted violence, terrorism, domestic violent
781781 21 extremism, school safety, cybersecurity, critical
782782 22 infrastructure protection, and online safety. The
783783 23 Agency shall also coordinate local, State, and federal
784784 24 agencies in public safety training and mutual aid
785785 25 assistance.
786786 26 (C) Serve as the primary liaison for non-law
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797797 1 enforcement national security matters with the U.S.
798798 2 Department of Homeland Security (DHS), the Federal
799799 3 Emergency Management Agency (FEMA), the Cybersecurity
800800 4 and Infrastructure Security Agency (CISA), the Federal
801801 5 Bureau of Investigation (FBI), the Office of the
802802 6 Director of National Intelligence (ODNI), and any
803803 7 other federal agencies for matters pertaining to
804804 8 homeland security in the State.
805805 9 (D) Consult and Coordinates with the Illinois
806806 10 State Police to provide the U.S. Department of
807807 11 Homeland Security (DHS) with relevant
808808 12 counterterrorism, cyber, and transnational organized
809809 13 crime reporting data pertaining to the State.
810810 14 (E) Conduct public risk communication messaging.
811811 15 (F) Adopt rules, regulations, and requirements
812812 16 necessary for implementation of the homeland security
813813 17 programs reflected in this Section.
814814 18 (f) The Agency shall have the following nuclear and
815815 19 radiation safety duties:
816816 20 (1) The Agency shall exercise, administer, and enforce
817817 21 all rights, powers, and duties for nuclear and radiation
818818 22 safety authorized in the Nuclear Safety Law of 2004, 20
819819 23 ILCS 3310/, or successor statutes.
820820 24 (2) The Agency shall develop a comprehensive emergency
821821 25 preparedness and response plan for any nuclear accident in
822822 26 accordance with Section 65 of the Nuclear Safety Law of
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833833 1 2004 and in development of the Illinois Nuclear Safety
834834 2 Preparedness program in accordance with Section 8 of the
835835 3 Illinois Nuclear Safety Preparedness Act, or successor
836836 4 statute.
837837 5 (3) The Agency shall have the right to enter on public
838838 6 and private property in order to take soil and air samples
839839 7 for response to a disaster that causes radioactive
840840 8 contamination.
841841 9 Any Agency Notice of Opportunity for Funding, proposed or
842842 10 final rulemaking, guidance, training opportunity, or other
843843 11 resource related to the grant program must be published on the
844844 12 Agency's publicly available website, and any announcements
845845 13 related to funding shall be shared with all State legislative
846846 14 offices, the Governor's office, emergency services and
847847 15 disaster agencies mandated or required pursuant to subsections
848848 16 (b) through (d) of Section 10, and any other State agencies as
849849 17 determined by the Agency. Subject to appropriation, the grant
850850 18 application period shall be open for no less than 45 calendar
851851 19 days during the first application cycle each fiscal year,
852852 20 unless the Agency determines that a shorter period is
853853 21 necessary to avoid conflicts with the annual federal Nonprofit
854854 22 Security Grant Program funding cycle. Additional application
855855 23 cycles may be conducted during the same fiscal year, subject
856856 24 to availability of funds. Upon request, Agency staff shall
857857 25 provide reasonable assistance to any applicant in completing a
858858 26 grant application or meeting a post-award requirement.
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869869 1 In addition to any advance payment rules or procedures
870870 2 adopted by the Agency, the Agency shall adopt rules or
871871 3 procedures by which grantees under this subsection (g-5) may
872872 4 receive a working capital advance of initial start-up costs
873873 5 and up to 2 months of program expenses, not to exceed 25% of
874874 6 the total award amount, if, during the application process,
875875 7 the grantee demonstrates a need for funds to commence a
876876 8 project. The remaining funds must be paid through
877877 9 reimbursement after the grantee presents sufficient supporting
878878 10 documentation of expenditures for eligible activities.
879879 11 (g) (h) Except as provided in Section 17.5 of this Act, any
880880 12 moneys received by the Agency from donations or sponsorships
881881 13 unrelated to a disaster shall be deposited in the Emergency
882882 14 Planning and Training Fund and used by the Agency, subject to
883883 15 appropriation, to effectuate planning and training activities.
884884 16 Any moneys received by the Agency from donations during a
885885 17 disaster and intended for disaster response or recovery shall
886886 18 be deposited into the Disaster Response and Recovery Fund and
887887 19 used for disaster response and recovery pursuant to the
888888 20 Disaster Relief Act.
889889 21 (h) (i) The Illinois Emergency Management Agency may by
890890 22 rule assess and collect reasonable fees for attendance at
891891 23 Agency-sponsored conferences to enable the Agency to carry out
892892 24 the requirements of this Act. Any moneys received under this
893893 25 subsection shall be deposited in the Emergency Planning and
894894 26 Training Fund and used by the Agency, subject to
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905905 1 appropriation, for planning and training activities.
906906 2 (i) (j) The Illinois Emergency Management Agency is
907907 3 authorized to make grants to other State agencies, public
908908 4 universities, units of local government, and statewide mutual
909909 5 aid organizations to enhance statewide emergency preparedness
910910 6 and response. The Agency shall adopt rules for implementation
911911 7 of State-funded grant programs.
912912 8 (j) The Agency shall do all other things necessary,
913913 9 incidental or appropriate for the implementation of this Act,
914914 10 including the promulgation of rules in accordance with the
915915 11 Illinois Administrative Procedure Act.
916916 12 (k) Subject to appropriation from the Emergency Planning
917917 13 and Training Fund, the Illinois Emergency Management Agency
918918 14 and Office of Homeland Security shall obtain training services
919919 15 and support for local emergency services and support for local
920920 16 emergency services and disaster agencies for training,
921921 17 exercises, and equipment related to carbon dioxide pipelines
922922 18 and sequestration, and, subject to the availability of
923923 19 funding, shall provide $5,000 per year to the Illinois Fire
924924 20 Service Institute for first responder training required under
925925 21 Section 4-615 of the Public Utilities Act. Amounts in the
926926 22 Emergency Planning and Training Fund will be used by the
927927 23 Illinois Emergency Management Agency and Office of Homeland
928928 24 Security for administrative costs incurred in carrying out the
929929 25 requirements of this subsection. To carry out the purposes of
930930 26 this subsection, the Illinois Emergency Management Agency and
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941941 1 Office of Homeland Security may accept moneys from all
942942 2 authorized sources into the Emergency Planning and Training
943943 3 Fund, including, but not limited to, transfers from the Carbon
944944 4 Dioxide Sequestration Administrative Fund and the Public
945945 5 Utility Fund.
946946 6 (l) (k) The Agency shall do all other things necessary,
947947 7 incidental, or appropriate for the implementation of this Act,
948948 8 including the adoption of rules in accordance with the
949949 9 Illinois Administrative Procedure Act.
950950 10 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
951951 11 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.
952952 12 1-1-24; 103-588, eff. 1-1-25; 103-651, eff. 7-18-24; 103-999,
953953 13 eff. 1-1-25; revised 11-26-24.)
954954 14 (20 ILCS 3305/6) (from Ch. 127, par. 1056)
955955 15 Sec. 6. Emergency Management Powers of the Governor.
956956 16 (a) The Governor shall have general direction and control
957957 17 of the Illinois Emergency Management Agency and shall be
958958 18 responsible for the carrying out of the provisions of this
959959 19 Act.
960960 20 (b) In performing duties under this Act, the Governor is
961961 21 authorized to cooperate with the federal government and with
962962 22 other states in all matters pertaining to emergency
963963 23 management, nuclear and radiation safety, and homeland
964964 24 security.
965965 25 (c) In performing duties under this Act, the Governor is
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976976 1 further authorized:
977977 2 (1) To make, amend, and rescind all lawful necessary
978978 3 orders, rules, and regulations to carry out the provisions
979979 4 of this Act within the limits of the authority conferred
980980 5 upon the Governor.
981981 6 (2) To prepare cause to be prepared a comprehensive
982982 7 plans plan and programs program for the emergency
983983 8 management, nuclear and radiation safety, and homeland
984984 9 security of this State, which plan and program shall be
985985 10 integrated into and coordinated with emergency management,
986986 11 nuclear and radiation safety, and homeland security plans
987987 12 and programs of the federal government and of other states
988988 13 whenever possible and which plan and program may include:
989989 14 a. Mitigation of injury and damage caused by
990990 15 disaster.
991991 16 b. Prompt and effective response to disaster.
992992 17 c. Emergency relief.
993993 18 d. Identification of areas particularly vulnerable
994994 19 to disasters.
995995 20 e. Recommendations for zoning, building, and other
996996 21 land-use controls, safety measures for securing
997997 22 permanent structures and other mitigation measures
998998 23 designed to eliminate or reduce disasters or their
999999 24 impact.
10001000 25 f. Assistance to political subdivisions in
10011001 26 designing emergency operations plans.
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10121012 1 g. Authorization and procedures for the erection
10131013 2 or other construction of temporary works designed to
10141014 3 mitigate danger, damage or loss from flood, or other
10151015 4 disaster.
10161016 5 h. Preparation and distribution to the appropriate
10171017 6 State and political subdivision officials of a State
10181018 7 catalog of federal, State, and private assistance
10191019 8 programs.
10201020 9 i. Organization of State personnel and chains of
10211021 10 command.
10221022 11 j. Coordination of federal, State, and political
10231023 12 subdivision emergency management, nuclear and
10241024 13 radiation safety, and homeland security activities.
10251025 14 k. Other necessary matters.
10261026 15 (3) In accordance with the plans plan and programs
10271027 16 program for the emergency management, nuclear and
10281028 17 radiation safety, and homeland security of this State, and
10291029 18 out of funds appropriated for these purposes, to procure
10301030 19 and preposition supplies, medicines, materials and
10311031 20 equipment, to institute training programs and public
10321032 21 information programs, and to take all other preparatory
10331033 22 steps including the partial or full mobilization of
10341034 23 emergency services and disaster agencies in advance of
10351035 24 actual disaster to insure the furnishing of adequately
10361036 25 trained and equipped forces for disaster response and
10371037 26 recovery.
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10481048 1 (4) Out of funds appropriated for these purposes, to
10491049 2 make studies and surveys of the industries, resources, and
10501050 3 facilities in this State as may be necessary to ascertain
10511051 4 the capabilities of the State for emergency management
10521052 5 phases of mitigation, preparedness, response, and recovery
10531053 6 and to plan for the most efficient emergency use thereof.
10541054 7 (5) On behalf of this State, to negotiate for and
10551055 8 submit to the General Assembly for its approval or
10561056 9 rejection reciprocal mutual aid agreements or compacts
10571057 10 with other states, either on a statewide or political
10581058 11 subdivision basis. The agreements or compacts, shall be
10591059 12 limited to the furnishing or exchange of food, clothing,
10601060 13 medical or other supplies, engineering and police
10611061 14 services; emergency housing and feeding; National and
10621062 15 State Guards while under the control of the State; health,
10631063 16 medical, and related services; fire fighting, rescue,
10641064 17 transportation, communication, and construction services
10651065 18 and equipment, provided, however, that if the General
10661066 19 Assembly be not in session and the Governor has not
10671067 20 proclaimed the existence of a disaster under this Section,
10681068 21 then the agreements or compacts shall instead be submitted
10691069 22 to an Interim Committee on Emergency Management composed
10701070 23 of 5 Senators appointed by the President of the Senate and
10711071 24 of 5 Representatives appointed by the Speaker of the
10721072 25 House, during the month of June of each odd-numbered year
10731073 26 to serve for a 2 year term, beginning July 1 of that year,
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10841084 1 and until their successors are appointed and qualified, or
10851085 2 until termination of their legislative service, whichever
10861086 3 first occurs. Vacancies shall be filled by appointment for
10871087 4 the unexpired term in the same manner as original
10881088 5 appointments. All appointments shall be made in writing
10891089 6 and filed with the Secretary of State as a public record.
10901090 7 The Committee shall have the power to approve or reject
10911091 8 any agreements or compacts for and on behalf of the
10921092 9 General Assembly; and, provided further, that an
10931093 10 affirmative vote of 2/3 of the members of the Committee
10941094 11 shall be necessary for the approval of any agreement or
10951095 12 compact.
10961096 13 (Source: P.A. 92-73, eff. 1-1-02.)
10971097 14 (20 ILCS 3305/7) (from Ch. 127, par. 1057)
10981098 15 Sec. 7. Emergency Powers of the Governor. In the event of a
10991099 16 disaster, as defined in Section 4, the Governor may, by
11001100 17 proclamation declare that a disaster exists. Upon such
11011101 18 proclamation, the Governor shall have and may exercise for a
11021102 19 period not to exceed 30 days the following emergency powers;
11031103 20 provided, however, that the lapse of the emergency powers
11041104 21 shall not, as regards any act or acts occurring or committed
11051105 22 within the 30-day period, deprive any person, firm,
11061106 23 corporation, political subdivision, or body politic of any
11071107 24 right or rights to compensation or reimbursement which he,
11081108 25 she, it, or they may have under the provisions of this Act:
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11191119 1 (1) To suspend the provisions of any regulatory
11201120 2 statute prescribing procedures for conduct of State
11211121 3 business, or the orders, rules and regulations of any
11221122 4 State agency, if strict compliance with the provisions of
11231123 5 any statute, order, rule, or regulation would in any way
11241124 6 prevent, hinder or delay necessary action, including
11251125 7 emergency purchases, by the Illinois Emergency Management
11261126 8 Agency, in coping with the disaster.
11271127 9 (2) To utilize all available resources of the State
11281128 10 government as reasonably necessary to cope with the
11291129 11 disaster and of each political subdivision of the State.
11301130 12 (3) To transfer the direction, personnel or functions
11311131 13 of State departments and agencies or units thereof for the
11321132 14 purpose of performing or facilitating disaster response
11331133 15 and recovery programs.
11341134 16 (4) On behalf of this State to take possession of, and
11351135 17 to acquire full title or a lesser specified interest in,
11361136 18 any personal property as may be necessary to accomplish
11371137 19 the objectives set forth in Section 2 of this Act,
11381138 20 including: airplanes, automobiles, trucks, trailers,
11391139 21 buses, and other vehicles; coal, oils, gasoline, and other
11401140 22 fuels and means of propulsion; explosives, materials,
11411141 23 equipment, and supplies; animals and livestock; feed and
11421142 24 seed; food and provisions for humans and animals; clothing
11431143 25 and bedding; and medicines and medical and surgical
11441144 26 supplies; and to take possession of and for a limited
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11551155 1 period occupy and use any real estate necessary to
11561156 2 accomplish those objectives; but only upon the undertaking
11571157 3 by the State to pay just compensation therefor as in this
11581158 4 Act provided, and then only under the following
11591159 5 provisions:
11601160 6 a. The Governor, or the person or persons as the
11611161 7 Governor may authorize so to do, may forthwith take
11621162 8 possession of property for and on behalf of the State;
11631163 9 provided, however, that the Governor or persons shall
11641164 10 simultaneously with the taking, deliver to the owner
11651165 11 or his or her agent, if the identity of the owner or
11661166 12 agency is known or readily ascertainable, a signed
11671167 13 statement in writing, that shall include the name and
11681168 14 address of the owner, the date and place of the taking,
11691169 15 description of the property sufficient to identify it,
11701170 16 a statement of interest in the property that is being
11711171 17 so taken, and, if possible, a statement in writing,
11721172 18 signed by the owner, setting forth the sum that he or
11731173 19 she is willing to accept as just compensation for the
11741174 20 property or use. Whether or not the owner or agent is
11751175 21 known or readily ascertainable, a true copy of the
11761176 22 statement shall promptly be filed by the Governor or
11771177 23 the person with the Director, who shall keep the
11781178 24 docket of the statements. In cases where the sum that
11791179 25 the owner is willing to accept as just compensation is
11801180 26 less than $1,000, copies of the statements shall also
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11911191 1 be filed by the Director with, and shall be passed upon
11921192 2 by an Emergency Management Claims Commission,
11931193 3 consisting of 3 disinterested citizens who shall be
11941194 4 appointed by the Governor, by and with the advice and
11951195 5 consent of the Senate, within 20 days after the
11961196 6 Governor's declaration of a disaster, and if the sum
11971197 7 fixed by them as just compensation be less than $1,000
11981198 8 and is accepted in writing by the owner, then the State
11991199 9 Treasurer out of funds appropriated for these
12001200 10 purposes, shall, upon certification thereof by the
12011201 11 Emergency Management Claims Commission, cause the sum
12021202 12 so certified forthwith to be paid to the owner. The
12031203 13 Emergency Management Claims Commission is hereby given
12041204 14 the power to issue appropriate subpoenas and to
12051205 15 administer oaths to witnesses and shall keep
12061206 16 appropriate minutes and other records of its actions
12071207 17 upon and the disposition made of all claims.
12081208 18 b. When the compensation to be paid for the taking
12091209 19 or use of property or interest therein is not or cannot
12101210 20 be determined and paid under item a of this paragraph
12111211 21 (4), a petition in the name of The People of the State
12121212 22 of Illinois shall be promptly filed by the Director,
12131213 23 which filing may be enforced by mandamus, in the
12141214 24 circuit court of the county where the property or any
12151215 25 part thereof was located when initially taken or used
12161216 26 under the provisions of this Act praying that the
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12271227 1 amount of compensation to be paid to the person or
12281228 2 persons interested therein be fixed and determined.
12291229 3 The petition shall include a description of the
12301230 4 property that has been taken, shall state the physical
12311231 5 condition of the property when taken, shall name as
12321232 6 defendants all interested parties, shall set forth the
12331233 7 sum of money estimated to be just compensation for the
12341234 8 property or interest therein taken or used, and shall
12351235 9 be signed by the Director. The litigation shall be
12361236 10 handled by the Attorney General for and on behalf of
12371237 11 the State.
12381238 12 c. Just compensation for the taking or use of
12391239 13 property or interest therein shall be promptly
12401240 14 ascertained in proceedings and established by judgment
12411241 15 against the State, that shall include, as part of the
12421242 16 just compensation so awarded, interest at the rate of
12431243 17 6% per annum on the fair market value of the property
12441244 18 or interest therein from the date of the taking or use
12451245 19 to the date of the judgment; and the court may order
12461246 20 the payment of delinquent taxes and special
12471247 21 assessments out of the amount so awarded as just
12481248 22 compensation and may make any other orders with
12491249 23 respect to encumbrances, rents, insurance, and other
12501250 24 charges, if any, as shall be just and equitable.
12511251 25 (5) When required by the exigencies of the disaster,
12521252 26 to sell, lend, rent, give, or distribute all or any part of
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12631263 1 property so or otherwise acquired to the inhabitants of
12641264 2 this State, or to political subdivisions of this State,
12651265 3 or, under the interstate mutual aid agreements or compacts
12661266 4 as are entered into under the provisions of subparagraph
12671267 5 (5) of paragraph (c) of Section 6 to other states, and to
12681268 6 account for and transmit to the State Treasurer all funds,
12691269 7 if any, received therefor.
12701270 8 (6) To recommend the evacuation of all or part of the
12711271 9 population from any stricken or threatened area within the
12721272 10 State if the Governor deems this action necessary.
12731273 11 (7) To prescribe routes, modes of transportation, and
12741274 12 destinations in connection with evacuation.
12751275 13 (8) To control ingress and egress to and from a
12761276 14 disaster area, the movement of persons within the area,
12771277 15 and the occupancy of premises therein.
12781278 16 (9) To suspend or limit the sale, dispensing, or
12791279 17 transportation of alcoholic beverages, firearms,
12801280 18 explosives, and combustibles.
12811281 19 (10) To make provision for the availability and use of
12821282 20 temporary emergency housing.
12831283 21 (11) A proclamation of a disaster shall activate the
12841284 22 State Emergency Operations Plan, and political subdivision
12851285 23 emergency operations plans applicable to the political
12861286 24 subdivision or area in question and be authority for the
12871287 25 deployment and use of any forces that the plan or plans
12881288 26 apply and for use or distribution of any supplies,
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12991299 1 equipment, and materials and facilities assembled,
13001300 2 stockpiled or arranged to be made available under this Act
13011301 3 or any other provision of law relating to disasters.
13021302 4 (12) Control, restrict, and regulate by rationing,
13031303 5 freezing, use of quotas, prohibitions on shipments, price
13041304 6 fixing, allocation or other means, the use, sale or
13051305 7 distribution of food, feed, fuel, clothing and other
13061306 8 commodities, materials, goods, or services; and perform
13071307 9 and exercise any other functions, powers, and duties as
13081308 10 may be necessary to promote and secure the safety and
13091309 11 protection of the civilian population.
13101310 12 (13) During the continuance of any disaster the
13111311 13 Governor is commander-in-chief of the organized and
13121312 14 unorganized militia and of all other forces available for
13131313 15 emergency duty. To the greatest extent practicable, the
13141314 16 Governor shall delegate or assign authority to the
13151315 17 Director to manage, coordinate, and direct all resources
13161316 18 by orders issued at the time of the disaster.
13171317 19 (14) Prohibit increases in the prices of goods and
13181318 20 services during a disaster.
13191319 21 (Source: P.A. 102-485, eff. 8-20-21.)
13201320 22 (20 ILCS 3305/8) (from Ch. 127, par. 1058)
13211321 23 Sec. 8. Mobile Support Teams.
13221322 24 (a) The Governor or Director may cause to be created
13231323 25 Mobile Support Teams to aid and to reinforce the Illinois
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13341334 1 Emergency Management Agency, and emergency services and
13351335 2 disaster agencies in areas stricken by disaster. Each mobile
13361336 3 support team shall have a leader, selected by the Director who
13371337 4 will be responsible, under the direction and control of the
13381338 5 Director, for the organization, administration, and training,
13391339 6 and operation of the mobile support team.
13401340 7 (b) Personnel of a mobile support team while on duty
13411341 8 pursuant to such a call or while engaged in regularly
13421342 9 scheduled training or exercises, whether within or without the
13431343 10 State, shall either:
13441344 11 (1) If they are paid employees of the State, have the
13451345 12 powers, duties, rights, privileges and immunities and
13461346 13 receive the compensation incidental to their employment.
13471347 14 (2) If they are paid employees of a political
13481348 15 subdivision or body politic of this State, and whether
13491349 16 serving within or without that political subdivision or
13501350 17 body politic, have the powers, duties, rights, privileges
13511351 18 and immunities, and receive the compensation incidental to
13521352 19 their employment.
13531353 20 (3) If they are not employees of the State, political
13541354 21 subdivision or body politic, or being such employees, are
13551355 22 not normally paid for their services, be entitled to at
13561356 23 least one dollar per year compensation from the State.
13571357 24 Personnel of a mobile support team who suffer disease,
13581358 25 injury or death arising out of or in the course of emergency
13591359 26 duty, shall for the purposes of benefits under the Workers'
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13701370 1 Compensation Act or Workers' Occupational Diseases Act only,
13711371 2 be deemed to be employees of this State. If the person
13721372 3 diseased, injured or killed is an employee described in item
13731373 4 (3) above, the computation of benefits payable under either of
13741374 5 those Acts shall be based on income commensurate with
13751375 6 comparable State employees doing the same type of work or
13761376 7 income from the person's regular employment, whichever is
13771377 8 greater.
13781378 9 All personnel of mobile support teams shall, while on duty
13791379 10 under such call, be reimbursed by this State for all actual and
13801380 11 necessary travel and subsistence expenses.
13811381 12 (c) The State shall reimburse each political subdivision
13821382 13 or body politic from the Disaster Response and Recovery Fund
13831383 14 for the compensation paid and the actual and necessary travel,
13841384 15 subsistence and maintenance expenses of paid employees of the
13851385 16 political subdivision or body politic while serving, outside
13861386 17 of its geographical boundaries pursuant to such a call, as
13871387 18 members of a mobile support team, and for all payments made for
13881388 19 death, disease or injury of those paid employees arising out
13891389 20 of and incurred in the course of that duty, and for all losses
13901390 21 of or damage to supplies and equipment of the political
13911391 22 subdivision or body politic resulting from the operations.
13921392 23 (d) Whenever mobile support teams or units of another
13931393 24 state, while the Governor has the emergency powers provided
13941394 25 for under Section 7 of this Act, render aid to this State under
13951395 26 the orders of the Governor of its home state and upon the
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14061406 1 request of the Governor of this State, all questions relating
14071407 2 to reimbursement by this State to the other state and its
14081408 3 citizens in regard to the assistance so rendered shall be
14091409 4 determined by the mutual aid agreements or interstate compacts
14101410 5 described in subparagraph (5) of paragraph (c) of Section 6 as
14111411 6 are existing at the time of the assistance rendered or are
14121412 7 entered into thereafter and under Section 303 (d) of the
14131413 8 Federal Civil Defense Act of 1950.
14141414 9 (e) No personnel of mobile support teams of this State may
14151415 10 be ordered by the Governor to operate in any other state unless
14161416 11 a request for the same has been made by the Governor or duly
14171417 12 authorized representative of the other state.
14181418 13 (Source: P.A. 98-465, eff. 8-16-13.)
14191419 14 (20 ILCS 3305/10) (from Ch. 127, par. 1060)
14201420 15 Sec. 10. Emergency Services and Disaster Agencies.
14211421 16 (a) Each political subdivision within this State shall be
14221422 17 within the jurisdiction of and served by the Illinois
14231423 18 Emergency Management Agency and by an emergency services and
14241424 19 disaster agency responsible for emergency management programs.
14251425 20 A township, if the township is in a county having a population
14261426 21 of more than 2,000,000, must have approval of the county
14271427 22 coordinator before establishment of a township emergency
14281428 23 services and disaster agency.
14291429 24 (b) Unless multiple county emergency services and disaster
14301430 25 agency consolidation is authorized by the Illinois Emergency
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14411441 1 Management Agency with the consent of the respective counties,
14421442 2 each county shall maintain an emergency services and disaster
14431443 3 agency that has jurisdiction over and serves the entire
14441444 4 county, except as otherwise provided under this Act and except
14451445 5 that in any county with a population of over 3,000,000
14461446 6 containing a municipality with a population of over 500,000
14471447 7 the jurisdiction of the county agency shall not extend to the
14481448 8 municipality when the municipality has established its own
14491449 9 agency.
14501450 10 (c) Each municipality with a population of over 500,000
14511451 11 shall maintain an emergency services and disaster agency which
14521452 12 has jurisdiction over and serves the entire municipality. A
14531453 13 municipality with a population less than 500,000 may
14541454 14 establish, by ordinance, an agency or department responsible
14551455 15 for emergency management within the municipality's corporate
14561456 16 limits.
14571457 17 (d) The Governor shall determine which municipal
14581458 18 corporations, other than those specified in paragraph (c) of
14591459 19 this Section, need emergency services and disaster agencies of
14601460 20 their own and require that they be established and maintained.
14611461 21 The Governor shall make these determinations on the basis of
14621462 22 the municipality's disaster vulnerability and capability of
14631463 23 response related to population size and concentration. The
14641464 24 emergency services and disaster agency of a county or
14651465 25 township, shall not have a jurisdiction within a political
14661466 26 subdivision having its own emergency services and disaster
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14771477 1 agency, but shall cooperate with the emergency services and
14781478 2 disaster agency of a city, village or incorporated town within
14791479 3 their borders. The Illinois Emergency Management Agency shall
14801480 4 publish and furnish a current list to the municipalities
14811481 5 required to have an emergency services and disaster agency
14821482 6 under this subsection.
14831483 7 (e) Each municipality that is not required to and does not
14841484 8 have an emergency services and disaster agency shall have a
14851485 9 liaison officer designated to facilitate the cooperation and
14861486 10 protection of that municipal corporation with the county
14871487 11 emergency services and disaster agency in which it is located
14881488 12 in the work of disaster mitigation, preparedness, response,
14891489 13 and recovery.
14901490 14 (f) The principal executive officer or his or her designee
14911491 15 of each political subdivision in the State shall annually
14921492 16 notify the Illinois Emergency Management Agency of the manner
14931493 17 in which the political subdivision is providing or securing
14941494 18 emergency management, identify the executive head of the
14951495 19 agency or the department from which the service is obtained,
14961496 20 or the liaison officer in accordance with subsection (e)
14971497 21 paragraph (d) of this Section and furnish additional
14981498 22 information relating thereto as the Illinois Emergency
14991499 23 Management Agency requires.
15001500 24 (g) Each emergency services and disaster agency shall
15011501 25 prepare an emergency operations plan for its geographic
15021502 26 boundaries that complies with planning, review, and approval
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15131513 1 standards promulgated by the Illinois Emergency Management
15141514 2 Agency. The Illinois Emergency Management Agency shall
15151515 3 determine which jurisdictions will be required to include
15161516 4 earthquake preparedness in their local emergency operations
15171517 5 plans.
15181518 6 (h) The emergency services and disaster agency shall
15191519 7 prepare and distribute to all appropriate officials in written
15201520 8 form a clear and complete statement of the emergency
15211521 9 responsibilities of all local departments and officials and of
15221522 10 the disaster chain of command.
15231523 11 (i) Each emergency services and disaster agency shall have
15241524 12 a Coordinator who shall be appointed by the principal
15251525 13 executive officer of the political subdivision in the same
15261526 14 manner as are the heads of regular governmental departments.
15271527 15 If the political subdivision is a county and the principal
15281528 16 executive officer appoints the sheriff as the Coordinator, the
15291529 17 sheriff may, in addition to his or her regular compensation,
15301530 18 receive compensation at the same level as provided in Article
15311531 19 3 of the Counties Code Section 3 of "An Act in relation to the
15321532 20 regulation of motor vehicle traffic and the promotion of
15331533 21 safety on public highways in counties", approved August 9,
15341534 22 1951, as amended. The Coordinator shall have direct
15351535 23 responsibility for the organization, administration, training,
15361536 24 and operation of the emergency services and disaster agency,
15371537 25 subject to the direction and control of that principal
15381538 26 executive officer. Each emergency services and disaster agency
15391539
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15491549 1 shall coordinate and may perform emergency management
15501550 2 functions within the territorial limits of the political
15511551 3 subdivision within which it is organized as are prescribed in
15521552 4 and by the State Emergency Operations Plan, and programs,
15531553 5 orders, rules and regulations as may be promulgated by the
15541554 6 Illinois Emergency Management Agency and by local ordinance
15551555 7 and, in addition, shall conduct such functions outside of
15561556 8 those territorial limits as may be required under mutual aid
15571557 9 agreements and compacts as are entered into under subparagraph
15581558 10 (5) of paragraph (c) of Section 6.
15591559 11 (j) In carrying out the provisions of this Act, each
15601560 12 political subdivision may enter into contracts and incur
15611561 13 obligations necessary to place it in a position effectively to
15621562 14 combat the disasters as are described in Section 4, to protect
15631563 15 the health and safety of persons, to protect property, and to
15641564 16 provide emergency assistance to victims of those disasters. If
15651565 17 a disaster occurs, each political subdivision may exercise the
15661566 18 powers vested under this Section in the light of the
15671567 19 exigencies of the disaster and, excepting mandatory
15681568 20 constitutional requirements, without regard to the procedures
15691569 21 and formalities normally prescribed by law pertaining to the
15701570 22 performance of public work, entering into contracts, the
15711571 23 incurring of obligations, the employment of temporary workers,
15721572 24 the rental of equipment, the purchase of supplies and
15731573 25 materials, and the appropriation, expenditure, and disposition
15741574 26 of public funds and property.
15751575
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15851585 1 (k) Volunteers who, while engaged in a disaster, an
15861586 2 exercise, training related to the emergency operations plan of
15871587 3 the political subdivision, or a search-and-rescue team
15881588 4 response to an occurrence or threat of injury or loss of life
15891589 5 that is beyond local response capabilities, suffer disease,
15901590 6 injury or death, shall, for the purposes of benefits under the
15911591 7 Workers' Compensation Act or Workers' Occupational Diseases
15921592 8 Act only, be deemed to be employees of the State, if: (1) the
15931593 9 claimant is a duly qualified and enrolled (sworn in) as a
15941594 10 volunteer of the Illinois Emergency Management Agency or an
15951595 11 emergency services and disaster agency accredited by the
15961596 12 Illinois Emergency Management Agency, and (2) if: (i) the
15971597 13 claimant was participating in a disaster as defined in Section
15981598 14 4 of this Act, (ii) the exercise or training participated in
15991599 15 was specifically and expressly approved by the Illinois
16001600 16 Emergency Management Agency prior to the exercise or training,
16011601 17 or (iii) the search-and-rescue team response was to an
16021602 18 occurrence or threat of injury or loss of life that was beyond
16031603 19 local response capabilities and was specifically and expressly
16041604 20 approved by the Illinois Emergency Management Agency prior to
16051605 21 the search-and-rescue team response. The computation of
16061606 22 benefits payable under either of those Acts shall be based on
16071607 23 the income commensurate with comparable State employees doing
16081608 24 the same type work or income from the person's regular
16091609 25 employment, whichever is greater.
16101610 26 Volunteers who are working under the direction of an
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16211621 1 emergency services and disaster agency accredited by the
16221622 2 Illinois Emergency Management Agency, pursuant to a plan
16231623 3 approved by the Illinois Emergency Management Agency (i)
16241624 4 during a disaster declared by the Governor under Section 7 of
16251625 5 this Act, or (ii) in circumstances otherwise expressly
16261626 6 approved by the Illinois Emergency Management Agency, shall be
16271627 7 deemed exclusively employees of the State for purposes of
16281628 8 Section 8(d) of the Court of Claims Act, provided that the
16291629 9 Illinois Emergency Management Agency may, in coordination with
16301630 10 the emergency services and disaster agency, audit
16311631 11 implementation for compliance with the plan.
16321632 12 (l) If any person who is entitled to receive benefits
16331633 13 through the application of this Section receives, in
16341634 14 connection with the disease, injury or death giving rise to
16351635 15 such entitlement, benefits under an Act of Congress or federal
16361636 16 program, benefits payable under this Section shall be reduced
16371637 17 to the extent of the benefits received under that other Act or
16381638 18 program.
16391639 19 (m) (1) Prior to conducting an exercise, the principal
16401640 20 executive officer of a political subdivision or his or her
16411641 21 designee shall provide area media with written
16421642 22 notification of the exercise. The notification shall
16431643 23 indicate that information relating to the exercise shall
16441644 24 not be released to the public until the commencement of
16451645 25 the exercise. The notification shall also contain a
16461646 26 request that the notice be so posted to ensure that all
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16571657 1 relevant media personnel are advised of the exercise
16581658 2 before it begins.
16591659 3 (2) During the conduct of an exercise, all messages,
16601660 4 two-way radio communications, briefings, status reports,
16611661 5 news releases, and other oral or written communications
16621662 6 shall begin and end with the following statement: "This is
16631663 7 an exercise message".
16641664 8 (Source: P.A. 94-733, eff. 4-27-06.)
16651665 9 (20 ILCS 3305/12) (from Ch. 127, par. 1062)
16661666 10 Sec. 12. Testing of Disaster Warning Devices. The testing
16671667 11 of disaster warning devices including outdoor warning sirens
16681668 12 shall be held only on the first Tuesday of each month at 10
16691669 13 o'clock in the morning or during exercises that are
16701670 14 specifically and expressly approved in advance by the Illinois
16711671 15 Emergency Management Agency.
16721672 16 (Source: P.A. 92-73, eff. 1-1-02.)
16731673 17 (20 ILCS 3305/14) (from Ch. 127, par. 1064)
16741674 18 Sec. 14. Communications. The Illinois Emergency Management
16751675 19 Agency shall ascertain what means exist for rapid and
16761676 20 efficient communications in times of disaster. The Illinois
16771677 21 Emergency Management Agency shall consider the desirability of
16781678 22 supplementing these communications resources or of integrating
16791679 23 them into a comprehensive State or State-Federal
16801680 24 telecommunications or other communications system or network.
16811681
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16911691 1 In studying the character and feasibility of any system or its
16921692 2 several parts, the Illinois Emergency Management Agency shall
16931693 3 evaluate the possibility of multipurpose use thereof for
16941694 4 general State and political subdivision purposes. The Illinois
16951695 5 Emergency Management Agency may promulgate rules to establish
16961696 6 policies and procedures relating to telecommunications and the
16971697 7 continuation of rapid and efficient communications in times of
16981698 8 disaster to the extent authorized by any provision of this Act
16991699 9 or other laws and regulations. The Illinois Emergency
17001700 10 Management Agency shall make recommendations to the Governor
17011701 11 as appropriate.
17021702 12 (Source: P.A. 86-755; 87-168.)
17031703 13 (20 ILCS 3305/17.8)
17041704 14 Sec. 17.8. IEMA State Projects Fund. The IEMA State
17051705 15 Projects Fund is created as a trust fund in the State treasury.
17061706 16 The Fund shall consist of any moneys appropriated to the
17071707 17 Agency for purposes of the Illinois' Not-For-Profit Security
17081708 18 Grant Program, a grant program authorized by paragraph (5) of
17091709 19 subsection (d) subsection (g-5) of Section 5 of this Act, to
17101710 20 provide funding support for target hardening activities and
17111711 21 other physical security enhancements for qualifying
17121712 22 not-for-profit organizations that are at high risk of
17131713 23 terrorist attack. The Agency is authorized to use moneys
17141714 24 appropriated from the Fund to make grants to not-for-profit
17151715 25 organizations for target hardening activities, security
17161716
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17261726 1 personnel, and physical security enhancements and for the
17271727 2 payment of administrative expenses associated with the
17281728 3 Not-For-Profit Security Grant Program, except that, beginning
17291729 4 July 1, 2024, the Agency shall not award grants under this
17301730 5 Section to those entities whose primary purpose is to provide
17311731 6 medical or mental health services. As used in this Section,
17321732 7 "target hardening activities" include, but are not limited to,
17331733 8 the purchase and installation of security equipment on real
17341734 9 property owned or leased by the not-for-profit organization.
17351735 10 Grants, gifts, and moneys from any other source, public or
17361736 11 private, may also be deposited into the Fund and used for the
17371737 12 purposes authorized by this Act.
17381738 13 (Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
17391739 14 (20 ILCS 3305/18) (from Ch. 127, par. 1068)
17401740 15 Sec. 18. Orders, Rules and Regulations.
17411741 16 (a) The Governor shall file a copy of every rule,
17421742 17 regulation or order, and any amendment thereof made by the
17431743 18 Governor under the provisions of this Act in the office of the
17441744 19 Secretary of State. Upon No rule, regulation or order, or any
17451745 20 amendment thereof shall be effective until 10 days after the
17461746 21 filing, provided, however, that upon the declaration of a
17471747 22 disaster by the Governor as is described in Section 7 the
17481748 23 provision relating to the effective date of any rule,
17491749 24 regulation, order or amendment issued under this Act and
17501750 25 during the state of disaster is abrogated, and the rule,
17511751
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17611761 1 regulation, order or amendment shall become effective
17621762 2 immediately upon being filed with the Secretary of State
17631763 3 accompanied by a certificate stating the reason as required by
17641764 4 the Illinois Administrative Procedure Act.
17651765 5 (b) Every emergency services and disaster agency
17661766 6 established pursuant to this Act and the coordinators thereof
17671767 7 shall execute and enforce the orders, rules and regulations as
17681768 8 may be made by the Governor under authority of this Act. Each
17691769 9 emergency services and disaster agency shall have available
17701770 10 for inspection at its office all orders, rules and regulations
17711771 11 made by the Governor, or under the Governor's authority. The
17721772 12 Illinois Emergency Management Agency shall publish furnish on
17731773 13 the Agency's Internet Department's website the orders, rules
17741774 14 and regulations to each such emergency services and disaster
17751775 15 agency. Upon the written request of an emergency services or
17761776 16 disaster agency, copies thereof shall be mailed to the
17771777 17 emergency services or disaster agency.
17781778 18 (Source: P.A. 98-44, eff. 6-28-13.)
17791779 19 (20 ILCS 3305/20) (from Ch. 127, par. 1070)
17801780 20 Sec. 20. Oath Emergency Management Agency; personnel;
17811781 21 oath. Each person, whether compensated or noncompensated, who
17821782 22 is appointed to serve in any capacity in the Illinois
17831783 23 Emergency Management Agency and Office of Homeland Security or
17841784 24 an emergency services and disaster agency, shall, before
17851785 25 entering upon his or her duties, take an oath, in writing,
17861786
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17961796 1 before the Director or before the coordinator of that
17971797 2 emergency services and disaster agency or before other persons
17981798 3 authorized to administer oaths in this State, which oath shall
17991799 4 be filed with the Director or with the coordinator of the
18001800 5 emergency services and disaster agency with which he or she
18011801 6 shall serve and which oath shall be substantially as follows:
18021802 7 "I, _______________, do solemnly swear (or affirm) that I
18031803 8 will support and defend and bear true faith and allegiance to
18041804 9 the Constitution of the United States and the Constitution of
18051805 10 the State of Illinois, and the territory, institutions and
18061806 11 facilities thereof, both public and private, against all
18071807 12 enemies, foreign and domestic; that I take this obligation
18081808 13 freely, without any mental reservation or purpose of evasion;
18091809 14 and that I will well and faithfully discharge the duties upon
18101810 15 which I am about to enter. And I do further swear (or affirm)
18111811 16 that I do not advocate, nor am I, nor have I been a member of
18121812 17 any political party or organization that advocates the
18131813 18 overthrow of the government of the United States or of this
18141814 19 State by force or violence; and that during such time as I am
18151815 20 affiliated with the (name of political subdivision), I will
18161816 21 not advocate nor become a member of any political party or
18171817 22 organization that advocates the overthrow of the government of
18181818 23 the United States or of this State by force or violence."
18191819 24 (Source: P.A. 92-73, eff. 1-1-02.)
18201820 25 (20 ILCS 3305/23)
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18311831 1 (Section scheduled to be repealed on January 1, 2032)
18321832 2 Sec. 23. Access and Functional Needs Advisory Committee.
18331833 3 (a) In this Section, "Advisory Committee" means the Access
18341834 4 and Functional Needs Advisory Committee.
18351835 5 (b) The Access and Functional Needs Advisory Committee is
18361836 6 created.
18371837 7 (c) The Advisory Committee shall:
18381838 8 (1) Coordinate meetings occurring, at a minimum, 3
18391839 9 times each year, in addition to emergency meetings called
18401840 10 by the chairperson of the Advisory Committee.
18411841 11 (2) Research and provide recommendations for
18421842 12 identifying and effectively responding to the needs of
18431843 13 persons with access and functional needs before, during,
18441844 14 and after a disaster using an intersectional lens for
18451845 15 equity.
18461846 16 (3) Provide recommendations to the Illinois Emergency
18471847 17 Management Agency regarding how to ensure that persons
18481848 18 with a disability are included in disaster strategies and
18491849 19 emergency management plans, including updates and
18501850 20 implementation of disaster strategies and emergency
18511851 21 management plans.
18521852 22 (4) Review and provide recommendations for the
18531853 23 Illinois Emergency Management Agency, and all relevant
18541854 24 State agencies that are involved in drafting and
18551855 25 implementing the Illinois Emergency Operation Plan, to
18561856 26 integrate access and functional needs into State and local
18571857
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18671867 1 emergency plans.
18681868 2 (d) The Advisory Committee shall be composed of the
18691869 3 Director of the Illinois Emergency Management Agency or his or
18701870 4 her designee, the Attorney General or his or her designee, the
18711871 5 Secretary of Human Services or his or her designee, the
18721872 6 Director of Aging or his or her designee, and the Director of
18731873 7 Public Health or his or her designee, together with the
18741874 8 following members appointed by the Governor on or before
18751875 9 January 1, 2022:
18761876 10 (1) Two members, either from a municipal or
18771877 11 county-level emergency agency or a local emergency
18781878 12 management coordinator.
18791879 13 (2) Nine members from the community of persons with a
18801880 14 disability who represent persons with different types of
18811881 15 disabilities, including, but not limited to, individuals
18821882 16 with mobility and physical disabilities, hearing and
18831883 17 visual disabilities, deafness or who are hard of hearing,
18841884 18 blindness or who have low vision, mental health
18851885 19 disabilities, and intellectual or developmental
18861886 20 disabilities. Members appointed under this paragraph shall
18871887 21 reflect a diversity of age, gender, race, and ethnic
18881888 22 background.
18891889 23 (3) Four members who represent first responders from
18901890 24 different geographical regions around the State.
18911891 25 (e) Of those members appointed by the Governor, the
18921892 26 initial appointments of 6 members shall be for terms of 2 years
18931893
18941894
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19031903 1 and the initial appointments of 5 members shall be for terms of
19041904 2 4 years. Thereafter, members shall be appointed for terms of 4
19051905 3 years. A member shall serve until his or her successor is
19061906 4 appointed and qualified. If a vacancy occurs in the Advisory
19071907 5 Committee membership, the vacancy shall be filled in the same
19081908 6 manner as the original appointment for the remainder of the
19091909 7 unexpired term.
19101910 8 (f) After all the members are appointed, and annually
19111911 9 thereafter, they shall elect a chairperson from among the
19121912 10 members appointed under paragraph (2) of subsection (d).
19131913 11 (g) The initial meeting of the Advisory Committee shall be
19141914 12 convened by the Director of the Illinois Emergency Management
19151915 13 Agency no later than February 1, 2022.
19161916 14 (h) Advisory Committee members shall serve without
19171917 15 compensation.
19181918 16 (i) The Illinois Emergency Management Agency shall provide
19191919 17 administrative support to the Advisory Committee.
19201920 18 (j) The Advisory Committee shall prepare and deliver a
19211921 19 report to the General Assembly, the Governor's Office, and the
19221922 20 Illinois Emergency Management Agency by July 1, 2022, and
19231923 21 annually thereafter. The report shall include the following:
19241924 22 (1) Identification of core emergency management
19251925 23 services that need to be updated or changed to ensure the
19261926 24 needs of persons with a disability are met, and shall
19271927 25 include disaster strategies in State and local emergency
19281928 26 plans.
19291929
19301930
19311931
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19391939 1 (2) Any proposed changes in State policies, laws,
19401940 2 rules, or regulations necessary to fulfill the purposes of
19411941 3 this Act.
19421942 4 (3) Recommendations on improving the accessibility and
19431943 5 effectiveness of disaster and emergency communication.
19441944 6 (4) Recommendations on comprehensive training for
19451945 7 first responders and other frontline workers when working
19461946 8 with persons with a disability during emergency situations
19471947 9 or disasters, as defined in Section 4 of the Illinois
19481948 10 Emergency Management and Homeland Security Agency Act.
19491949 11 (5) Any additional recommendations regarding emergency
19501950 12 management and persons with a disability that the Advisory
19511951 13 Committee deems necessary.
19521952 14 (k) The annual report prepared and delivered under
19531953 15 subsection (j) shall be annually considered by the Illinois
19541954 16 Emergency Management Agency when developing new State and
19551955 17 local emergency plans or updating existing State and local
19561956 18 emergency plans.
19571957 19 (l) The Advisory Committee is dissolved and this Section
19581958 20 is repealed on January 1, 2032.
19591959 21 (Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21;
19601960 22 103-154, eff. 6-30-23.)
19611961 23 (20 ILCS 3305/24 new)
19621962 24 Sec. 24. Illinois Homeland Security Advisory Council
19631963 25 (IL-HSAC).
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19741974 1 (a) There shall be created an Illinois Homeland Security
19751975 2 Advisory Council (IL-HSAC).
19761976 3 (b) The IL-HSAC shall report directly to the Homeland
19771977 4 Security Advisor who shall serve as the chairperson and submit
19781978 5 an annual report to the Governor by March of each year. The
19791979 6 report shall detail the activities, accomplishments, and
19801980 7 recommendations of the IL-HSAC in the preceding year.
19811981 8 (c) The Agency shall provide administrative support for
19821982 9 the IL-HSAC.
19831983 10 (d) Entities may be appointed to IL-HSAC by the Governor.
19841984 11 (e) The duties of IL-HSAC shall be as follows:
19851985 12 (1) Develops and provides recommendations regarding
19861986 13 the State's domestic terrorism preparedness strategy.
19871987 14 (2) Seeks appropriate input from federal agencies,
19881988 15 including, but not limited to, the United States
19891989 16 Department of Justice, the Federal Bureau of
19901990 17 Investigation, the Federal Emergency Management Agency,
19911991 18 the United States Department of Health and Human Services,
19921992 19 and the United States Department of Homeland Security.
19931993 20 (3) Serves as the Illinois Senior Advisory Committee
19941994 21 (SAC) with respect to funds received through the federal
19951995 22 Homeland Security Grant Program. In that capacity, the
19961996 23 IL-HSAC shall provide recommendations to the Agency and to
19971997 24 the Homeland Security Advisor on issues related to the
19981998 25 application for and use of all appropriate federal funding
19991999 26 that relates to preventing, protecting against,
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20102010 1 mitigating, responding to, and recovering from acts of
20112011 2 terrorism and other threats.
20122012 3 (4) Provides recommendations to the Agency and to the
20132013 4 Homeland Security Advisor on the following:
20142014 5 (A) Appropriate training of local, regional and
20152015 6 State officials to respond to terrorist incidents
20162016 7 involving conventional, chemical, biological and/or
20172017 8 nuclear weapons.
20182018 9 (B) Issues related to the application for and use
20192019 10 of all appropriate State and other funds as may be
20202020 11 appropriate and available relating to homeland
20212021 12 security.
20222022 13 (C) Issues relating to public safety preparedness
20232023 14 and mutual aid to include strategies and tactics to
20242024 15 coordinate multi-agency response to significant
20252025 16 events, act of terrorism or natural disasters where
20262026 17 coordination of local, state and private resources is
20272027 18 necessary.
20282028 19 (D) Coordination of public safety resources and
20292029 20 combating terrorism in Illinois.
20302030 21 (E) Any changes needed in State statutes,
20312031 22 administrative regulations, or in the Illinois
20322032 23 Emergency Operations Plan.
20332033 24 (20 ILCS 3305/26 new)
20342034 25 Sec. 26. Illinois Cybersecurity Commission.
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20452045 1 (a) There shall be created an Illinois Cybersecurity
20462046 2 Commission.
20472047 3 (b) The Commission shall report directly to the Homeland
20482048 4 Security Advisor who shall serve as chairperson. The Deputy
20492049 5 Director of Homeland Security as indicated in subsection
20502050 6 5(d)(B)(i) shall serve as chairperson in the absence of the
20512051 7 Homeland Security Advisor.
20522052 8 (c) The chairperson shall submit a report to the Governor
20532053 9 by December of each calendar year detailing the activities,
20542054 10 accomplishments, and recommendations of the Commission.
20552055 11 (d) The Commission shall be comprised of the following
20562056 12 members:
20572057 13 (1) Voting Members:
20582058 14 (A) The Governor's Homeland Security Advisor or
20592059 15 Deputy Homeland Security Advisor;
20602060 16 (B) The Director of the Illinois Emergency
20612061 17 Management Agency and Office of Homeland Security, or
20622062 18 his or her designee;
20632063 19 (C) The Chief Information Security Officer of the
20642064 20 Illinois Department of Innovation and Technology, or
20652065 21 his or her designee;
20662066 22 (D) The Illinois Attorney General, or his or her
20672067 23 designee;
20682068 24 (E) The Adjutant General of the Illinois National
20692069 25 Guard, or his or her designee;
20702070 26 (F) The Director of the Illinois State Police, or
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20812081 1 his or her designee;
20822082 2 (G) The Chairman of the Illinois Commerce
20832083 3 Commission, or his or her designee;
20842084 4 (H) The Director of the Illinois Department of
20852085 5 Commerce and Economic Opportunity, or his or her
20862086 6 designee;
20872087 7 (I) The Director of the Illinois Department of
20882088 8 Revenue, or his or her designee; and
20892089 9 (J) A representative of the Office of the
20902090 10 Governor.
20912091 11 (2) Non-Voting Members:
20922092 12 (A) One representative representing the
20932093 13 Information Technology Sector;
20942094 14 (B) One representative representing the
20952095 15 Communications Sector;
20962096 16 (C) One representative representing the Defense
20972097 17 Industrial Base Sector;
20982098 18 (D) One representative representing the Energy
20992099 19 Sector;
21002100 20 (E) One representative representing the Financial
21012101 21 Services Sector;
21022102 22 (F) One representative representing the Healthcare
21032103 23 and Public Health Sector; and
21042104 24 (G) One representative representing the Water and
21052105 25 Wastewater Systems Sector.
21062106 26 (H) The Commission may also include as non-voting
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21172117 1 members:
21182118 2 (i) A cybersecurity expert from the Chicago or
21192119 3 Springfield field office of the Federal Bureau of
21202120 4 Investigation; and
21212121 5 (ii) Two cybersecurity experts from the United
21222122 6 States Department of Homeland Security, as
21232123 7 follows:
21242124 8 (I) One cybersecurity expert from the
21252125 9 Region 5 Office of the Cybersecurity and
21262126 10 Infrastructure Security Agency; and
21272127 11 (II) One cybersecurity expert from the
21282128 12 Chicago Field Office of the United States
21292129 13 Secret Service.
21302130 14 (3) Advisory Members:
21312131 15 (A) A representative from the Statewide
21322132 16 Intelligence Center (STIC); and
21332133 17 (B) The Commission may appoint additional advisory
21342134 18 members from both the public and private sectors that
21352135 19 will provide subject matter expertise.
21362136 20 With the exception of the STIC representative, all
21372137 21 advisory members shall be approved by a majority of the
21382138 22 voting members.
21392139 23 (e) The duties and responsibilities of the Commission
21402140 24 shall be as follows:
21412141 25 (1) Builds and enhances cyber awareness and training
21422142 26 for private sector critical infrastructure entities,
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21532153 1 including education opportunities on ways to prevent
21542154 2 cybersecurity attacks and protect personal information;
21552155 3 (2) Develops practices, processes, and the overall
21562156 4 planning procedures required to protect valuable
21572157 5 information, resources, and services, including
21582158 6 identifying and disrupting cyber-attacks, improving and
21592159 7 expanding statewide security incident response
21602160 8 capabilities, and promoting and facilitating cross sector
21612161 9 and community training and exercise scenarios for private
21622162 10 sector critical infrastructure partners to secure critical
21632163 11 systems that serve the public;
21642164 12 (3) Develops best practices to help private sector
21652165 13 critical infrastructure organizations make risk-based
21662166 14 decisions for improving cybersecurity; and
21672167 15 (4) Creates and expands partnerships with critical
21682168 16 infrastructure sectors to foster continual learning and
21692169 17 information sharing, ensuring the safety and resiliency of
21702170 18 digital infrastructure and the promoting of
21712171 19 identification, evaluation, and information sharing on
21722172 20 threats and vulnerabilities impacting the State.
21732173 21 (20 ILCS 3305/27 new)
21742174 22 Sec. 27. Statewide Interoperability Coordinator (SWIC).
21752175 23 (a) As part of the Agency's Office of Homeland Security,
21762176 24 there shall be a position created for the Statewide
21772177 25 Interoperability Coordinator (SWIC).
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21882188 1 (b) The duties and responsibilities of the SWIC shall be
21892189 2 as follows:
21902190 3 (1) Serves as the central coordination point for the
21912191 4 State's communications interoperability and assists with
21922192 5 mediation between State and local agencies to achieve an
21932193 6 interoperable communications system;
21942194 7 (2) Develops and disseminates best practices for
21952195 8 public safety communications interoperability;
21962196 9 (3) Advises the Homeland Security Advisor and Deputy
21972197 10 Director of the Agency's Office of Homeland Security on
21982198 11 public safety communications interoperability;
21992199 12 (4) Serves as a member of the Statewide
22002200 13 Interoperability Executive Committee (SIEC) or its
22012201 14 successor entity and may act on behalf of the SIEC;
22022202 15 (5) Recommends regulatory changes relating to
22032203 16 telecommunications and the continuation of rapid and
22042204 17 efficient communications during a disaster;
22052205 18 (6) Identifies funding opportunities for planned
22062206 19 interoperability improvements and coordinates efforts to
22072207 20 provide funding;
22082208 21 (7) Advises on the issuance of grants for
22092209 22 interoperability communication systems;
22102210 23 (8) Engages stakeholders to coordinate the Statewide
22112211 24 Communications Interoperability Plan (SCIP);
22122212 25 (9) Represents the State in national, regional, and
22132213 26 local efforts to plan and implement changes needed to
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