104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2322 Introduced 2/7/2025, by Sen. Mike Porfirio 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 12191 BDA 22295 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2322 Introduced 2/7/2025, by Sen. Mike Porfirio 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 12191 BDA 22295 b LRB104 12191 BDA 22295 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2322 Introduced 2/7/2025, by Sen. Mike Porfirio 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 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 12191 BDA 22295 b LRB104 12191 BDA 22295 b LRB104 12191 BDA 22295 b A BILL FOR SB2322LRB104 12191 BDA 22295 b SB2322 LRB104 12191 BDA 22295 b SB2322 LRB104 12191 BDA 22295 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Emergency Management Agency Act is 5 amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 12, 6 14, 17.8, 18, 20, and 23 and by adding Sections 24, 26, and 27 7 as follows: 8 (20 ILCS 3305/1) (from Ch. 127, par. 1051) 9 Sec. 1. Short Title. This Act may be cited as the IEMA-OHS 10 Illinois Emergency Management Agency Act. 11 (Source: P.A. 87-168.) 12 (20 ILCS 3305/2) (from Ch. 127, par. 1052) 13 Sec. 2. Policy and Purposes. 14 (a) Because of the possibility of the occurrence of 15 disasters of unprecedented size and destructiveness resulting 16 from the explosion in this or in neighboring states of atomic 17 or other means from without or by means of sabotage or other 18 disloyal actions within, or from fire, flood, earthquake, 19 telecommunications failure, or other natural or technological 20 causes, and in order to insure that this State will be prepared 21 to and will adequately deal with any disasters, preserve the 22 lives and property of the people of this State and protect the 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2322 Introduced 2/7/2025, by Sen. Mike Porfirio 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 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 12191 BDA 22295 b LRB104 12191 BDA 22295 b LRB104 12191 BDA 22295 b A BILL FOR 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 LRB104 12191 BDA 22295 b SB2322 LRB104 12191 BDA 22295 b SB2322- 2 -LRB104 12191 BDA 22295 b SB2322 - 2 - LRB104 12191 BDA 22295 b SB2322 - 2 - LRB104 12191 BDA 22295 b 1 public peace, health, and safety in the event of a disaster, it 2 is found and declared to be necessary: 3 (1) To create a State emergency management and 4 homeland security agency an Illinois Emergency Management 5 Agency and to authorize emergency management and homeland 6 security programs within the political subdivisions of the 7 State. 8 (2) To confer upon the Governor and upon the principal 9 executive officer of the political subdivisions of the 10 State the powers provided herein. 11 (3) To provide for the rendering of mutual aid among 12 the political subdivisions and taxing districts of the 13 State and with other states and with respect to the 14 carrying out of an emergency management and homeland 15 security programs program. 16 (b) It is further declared to be the purpose of this Act 17 and the policy of the State that all emergency management and 18 homeland security programs of this State be coordinated to the 19 maximum extent with the comparable programs of the federal 20 government, including its various departments and agencies, of 21 other states and localities and private agencies of every 22 type, to the end that the most effective preparation and use 23 may be made of the nation's resources and facilities for 24 dealing with any disaster that may occur. 25 (Source: P.A. 87-168; 88-606, eff. 1-1-95.) SB2322 - 2 - LRB104 12191 BDA 22295 b SB2322- 3 -LRB104 12191 BDA 22295 b SB2322 - 3 - LRB104 12191 BDA 22295 b SB2322 - 3 - LRB104 12191 BDA 22295 b 1 (20 ILCS 3305/4) (from Ch. 127, par. 1054) 2 Sec. 4. Definitions. As used in this Act, unless the 3 context clearly indicates otherwise, the following words and 4 terms have the meanings ascribed to them in this Section: 5 "Coordinator" means the staff assistant to the principal 6 executive officer of a political subdivision with the duty of 7 coordinating the emergency management programs of that 8 political subdivision. 9 "Cyber incident" means an event occurring on or conducted 10 through a computer network that actually or imminently 11 jeopardizes the integrity, confidentiality, or availability of 12 computers, information or communications systems or networks, 13 physical or virtual infrastructure controlled by computers or 14 information systems, or information resident thereon that 15 affect or control infrastructure or communications networks 16 utilized by the public. "Cyber incident" includes a 17 vulnerability in information systems, system security 18 procedures, internal controls, or implementations that could 19 be exploited by a threat source that affect or control 20 infrastructure or communications networks utilized by the 21 public. 22 "Disaster" means an occurrence or threat of widespread or 23 severe damage, injury or loss of life or property resulting 24 from any natural, technological, or human cause, including but 25 not limited to fire, flood, earthquake, wind, storm, hazardous 26 materials spill or other water contamination requiring SB2322 - 3 - LRB104 12191 BDA 22295 b SB2322- 4 -LRB104 12191 BDA 22295 b SB2322 - 4 - LRB104 12191 BDA 22295 b SB2322 - 4 - LRB104 12191 BDA 22295 b 1 emergency action to avert danger or damage, epidemic, air 2 contamination, blight, extended periods of severe and 3 inclement weather, drought, infestation, critical shortages of 4 essential fuels and energy, explosion, riot, hostile military 5 or paramilitary action, public health emergencies, cyber 6 incidents, or acts of domestic terrorism. 7 "Emergency Management" means the efforts of the State and 8 the political subdivisions to develop, plan, analyze, conduct, 9 provide, implement and maintain programs for disaster 10 mitigation, preparedness, response and recovery. 11 "Emergency Services and Disaster Agency" means the agency 12 by this name, by the name Emergency Management Agency, or by 13 any other name that is established by ordinance within a 14 political subdivision to coordinate the emergency management 15 program within that political subdivision and with private 16 organizations, other political subdivisions, the State and 17 federal governments. 18 "Emergency Operations Plan" means the written plan of the 19 State and political subdivisions describing the organization, 20 mission, and functions of the government and supporting 21 services for responding to and recovering from disasters and 22 shall include plans that take into account the needs of those 23 individuals with household pets and service animals following 24 a major disaster or emergency. 25 "Emergency Services" means the coordination of functions 26 by the State and its political subdivisions subdivision, other SB2322 - 4 - LRB104 12191 BDA 22295 b SB2322- 5 -LRB104 12191 BDA 22295 b SB2322 - 5 - LRB104 12191 BDA 22295 b SB2322 - 5 - LRB104 12191 BDA 22295 b 1 than functions for which military forces are primarily 2 responsible, as may be necessary or proper to prevent, 3 minimize, repair, and alleviate injury and damage resulting 4 from any natural or technological causes. These functions 5 include, without limitation, fire fighting services, police 6 services, emergency aviation services, medical and health 7 services, HazMat and technical rescue teams, rescue, 8 engineering, warning services, communications, radiological, 9 chemical and other special weapons defense, evacuation of 10 persons from stricken or threatened areas, emergency assigned 11 functions of plant protection, temporary restoration of public 12 utility services and other functions related to civilian 13 protection, together with all other activities necessary or 14 incidental to protecting life or property. 15 "Exercise" means a planned event realistically simulating 16 a disaster, conducted for the purpose of evaluating the 17 political subdivision's coordinated emergency management 18 capabilities or evaluating the State's emergency management 19 and homeland security capabilities, including, but not limited 20 to, testing the emergency operations plan. 21 "HazMat team" means a career or volunteer mobile support 22 team that has been authorized by a unit of local government to 23 respond to hazardous materials emergencies and that is 24 primarily designed for emergency response to chemical or 25 biological terrorism, radiological emergencies, hazardous 26 material spills, releases, or fires, or other contamination SB2322 - 5 - LRB104 12191 BDA 22295 b SB2322- 6 -LRB104 12191 BDA 22295 b SB2322 - 6 - LRB104 12191 BDA 22295 b SB2322 - 6 - LRB104 12191 BDA 22295 b 1 events. 2 "Illinois Emergency Management Agency and Office of 3 Homeland Security" or "Agency" means the agency established by 4 this Act within the executive branch of State Government 5 responsible for coordination of the overall emergency 6 management and homeland security programs program of the State 7 and with private organizations, political subdivisions, and 8 the federal government. "Illinois Emergency Management Agency 9 and Office of Homeland Security" also means the State 10 Emergency Response Commission responsible for the 11 implementation of Title III of the Superfund Amendments and 12 Reauthorization Act of 1986. 13 "Interoperable communications" means the ability of 14 emergency response providers and relevant State and local 15 government agencies to communicate through a dedicated public 16 safety network, utilizing information technology systems and 17 radio communications systems, and to exchange voice, data, and 18 video on demand in real time. 19 "Mobile Support Team" means a group of individuals 20 designated as a team by the Governor or Director to train prior 21 to and to be dispatched, if the Governor or the Director so 22 determines, to aid and reinforce the State and political 23 subdivision emergency management efforts in response to a 24 disaster. 25 "Municipality" means any city, village, and incorporated 26 town. SB2322 - 6 - LRB104 12191 BDA 22295 b SB2322- 7 -LRB104 12191 BDA 22295 b SB2322 - 7 - LRB104 12191 BDA 22295 b SB2322 - 7 - LRB104 12191 BDA 22295 b 1 "Political Subdivision" means any county, city, village, 2 or incorporated town or township if the township is in a county 3 having a population of more than 2,000,000. 4 "Principal Executive Officer" means chair of the county 5 board, supervisor of a township if the township is in a county 6 having a population of more than 2,000,000, mayor of a city or 7 incorporated town, president of a village, or in their absence 8 or disability, the interim successor as established under 9 Section 7 of the Emergency Interim Executive Succession Act. 10 "Public health emergency" means an occurrence or imminent 11 threat of an illness or health condition that: 12 (a) is believed to be caused by any of the following: 13 (i) bioterrorism; 14 (ii) the appearance of a novel or previously 15 controlled or eradicated infectious agent or 16 biological toxin; 17 (iii) a natural disaster; 18 (iv) a chemical attack or accidental release; or 19 (v) a nuclear attack or accident; and 20 (b) poses a high probability of any of the following 21 harms: 22 (i) a large number of deaths in the affected 23 population; 24 (ii) a large number of serious or long-term 25 disabilities in the affected population; or 26 (iii) widespread exposure to an infectious or SB2322 - 7 - LRB104 12191 BDA 22295 b SB2322- 8 -LRB104 12191 BDA 22295 b SB2322 - 8 - LRB104 12191 BDA 22295 b SB2322 - 8 - LRB104 12191 BDA 22295 b 1 toxic agent that poses a significant risk of 2 substantial future harm to a large number of people in 3 the affected population. 4 "Statewide mutual aid organization" means an entity with 5 local government members throughout the State that facilitates 6 temporary assistance through its members in a particular 7 public safety discipline, such as police, fire or emergency 8 management, when an occurrence exceeds a member jurisdiction's 9 capabilities. 10 "Technical rescue team" means a career or volunteer mobile 11 support team that has been authorized by a unit of local 12 government to respond to building collapse, high angle rescue, 13 and other specialized rescue emergencies and that is primarily 14 designated for emergency response to technical rescue events. 15 (Source: P.A. 102-485, eff. 8-20-21.) 16 (20 ILCS 3305/5) (from Ch. 127, par. 1055) 17 Sec. 5. Illinois Emergency Management Agency and Office of 18 Homeland Security. 19 (a) There is created within the executive branch of the 20 State Government an Illinois Emergency Management Agency and 21 Office of Homeland Security and a Director of the Illinois 22 Emergency Management Agency and Office of Homeland Security, 23 herein called the "Director" who shall be the head thereof. 24 The Director shall be appointed by the Governor, with the 25 advice and consent of the Senate, and shall serve for a term of SB2322 - 8 - LRB104 12191 BDA 22295 b SB2322- 9 -LRB104 12191 BDA 22295 b SB2322 - 9 - LRB104 12191 BDA 22295 b SB2322 - 9 - LRB104 12191 BDA 22295 b 1 2 years beginning on the third Monday in January of the 2 odd-numbered year, and until a successor is appointed and has 3 qualified; except that the term of the first Director 4 appointed under this Act shall expire on the third Monday in 5 January, 1989. The Director shall not hold any other 6 remunerative public office. For terms beginning after January 7 18, 2019 (the effective date of Public Act 100-1179) and 8 before January 16, 2023, the annual salary of the Director 9 shall be as provided in Section 5-300 of the Civil 10 Administrative Code of Illinois. Notwithstanding any other 11 provision of law, for terms beginning on or after January 16, 12 2023, the Director shall receive an annual salary of $180,000 13 or as set by the Governor, whichever is higher. On July 1, 14 2023, and on each July 1 thereafter, the Director shall 15 receive an increase in salary based on a cost of living 16 adjustment as authorized by Senate Joint Resolution 192 of the 17 86th General Assembly. 18 For terms beginning on or after January 16, 2023, the 19 Assistant Director of the Illinois Emergency Management Agency 20 shall receive an annual salary of $156,600 or as set by the 21 Governor, whichever is higher. On July 1, 2023, and on each 22 July 1 thereafter, the Assistant Director shall receive an 23 increase in salary based on a cost of living adjustment as 24 authorized by Senate Joint Resolution 192 of the 86th General 25 Assembly. 26 (b) The Illinois Emergency Management Agency shall obtain, SB2322 - 9 - LRB104 12191 BDA 22295 b SB2322- 10 -LRB104 12191 BDA 22295 b SB2322 - 10 - LRB104 12191 BDA 22295 b SB2322 - 10 - LRB104 12191 BDA 22295 b 1 under the provisions of the Personnel Code, technical, 2 clerical, stenographic and other administrative personnel, and 3 may make expenditures within the appropriation therefor as may 4 be necessary to carry out the purpose of this Act. The agency 5 created by this Act is intended to be a successor to the agency 6 created under the Illinois Emergency Services and Disaster 7 Agency Act of 1975 and the personnel, equipment, records, and 8 appropriations of that agency are transferred to the successor 9 agency as of June 30, 1988 (the effective date of this Act). 10 (c) The Director, subject to the direction and control of 11 the Governor, shall be the executive head of the Illinois 12 Emergency Management Agency and the State Emergency Response 13 Commission and shall be responsible under the direction of the 14 Governor, for carrying out the programs program for emergency 15 management, nuclear and radiation safety, and homeland 16 security of this State. The Director shall also maintain 17 liaison and cooperate with the emergency management, nuclear 18 and radiation safety, and homeland security organizations of 19 this State and other states and of the federal government. 20 (d) The Agency shall have the following emergency 21 management duties: 22 (1) The Illinois Emergency Management Agency shall 23 take an integral part in the development and revision of 24 political subdivision emergency operations plans prepared 25 under paragraph (f) of Section 10. To this end it shall 26 employ or otherwise secure the services of professional SB2322 - 10 - LRB104 12191 BDA 22295 b SB2322- 11 -LRB104 12191 BDA 22295 b SB2322 - 11 - LRB104 12191 BDA 22295 b SB2322 - 11 - LRB104 12191 BDA 22295 b 1 and technical personnel capable of providing expert 2 assistance to the emergency services and disaster 3 agencies. These personnel shall consult with emergency 4 services and disaster agencies on a regular basis and 5 shall make field examinations of the areas, circumstances, 6 and conditions that particular political subdivision 7 emergency operations plans are intended to apply. 8 (2) (e) The Illinois Emergency Management Agency and 9 political subdivisions shall be encouraged to form an 10 emergency management advisory committee composed of 11 private and public personnel representing the emergency 12 management phases of mitigation, preparedness, response, 13 and recovery. The Local Emergency Planning Committee, as 14 created under the Illinois Emergency Planning and 15 Community Right to Know Act, shall serve as an advisory 16 committee to the emergency services and disaster agency or 17 agencies serving within the boundaries of that Local 18 Emergency Planning Committee planning district for: 19 (A) (1) the development of emergency operations 20 plan provisions for hazardous chemical emergencies; 21 and 22 (B) (2) the assessment of emergency response 23 capabilities related to hazardous chemical 24 emergencies. 25 (3) (f) The Illinois Emergency Management Agency 26 shall: SB2322 - 11 - LRB104 12191 BDA 22295 b SB2322- 12 -LRB104 12191 BDA 22295 b SB2322 - 12 - LRB104 12191 BDA 22295 b SB2322 - 12 - LRB104 12191 BDA 22295 b 1 (A) (1) Coordinate the overall emergency 2 management program of the State. 3 (B) (2) Cooperate with local governments, the 4 federal government, and any public or private agency 5 or entity in achieving any purpose of this Act and in 6 implementing emergency management programs for 7 mitigation, preparedness, response, and recovery. 8 (2.5) Develop a comprehensive emergency 9 preparedness and response plan for any nuclear 10 accident in accordance with Section 65 of the Nuclear 11 Safety Law of 2004 and in development of the Illinois 12 Nuclear Safety Preparedness program in accordance with 13 Section 8 of the Illinois Nuclear Safety Preparedness 14 Act. 15 (C) (2.6) Coordinate with the Department of Public 16 Health with respect to planning for and responding to 17 public health emergencies. 18 (D) (3) Prepare, for issuance by the Governor, 19 executive orders, proclamations, and regulations as 20 necessary or appropriate in coping with disasters. 21 (E) (4) Promulgate rules and requirements for 22 political subdivision emergency operations plans that 23 are not inconsistent with and are at least as 24 stringent as applicable federal laws and regulations. 25 (F) (5) Review and approve, in accordance with 26 Illinois Emergency Management Agency rules, emergency SB2322 - 12 - LRB104 12191 BDA 22295 b SB2322- 13 -LRB104 12191 BDA 22295 b SB2322 - 13 - LRB104 12191 BDA 22295 b SB2322 - 13 - LRB104 12191 BDA 22295 b 1 operations plans for those political subdivisions 2 required to have an emergency services and disaster 3 agency pursuant to this Act. 4 (G) (5.5) Promulgate rules and requirements for 5 the political subdivision emergency management 6 exercises, including, but not limited to, exercises of 7 the emergency operations plans. 8 (H) (5.10) Review, evaluate, and approve, in 9 accordance with Illinois Emergency Management Agency 10 rules, political subdivision emergency management 11 exercises for those political subdivisions required to 12 have an emergency services and disaster agency 13 pursuant to this Act. 14 (I) (6) Determine requirements of the State and 15 its political subdivisions for food, clothing, and 16 other necessities in event of a disaster. 17 (J) (7) Establish a register of persons with types 18 of emergency management training and skills in 19 mitigation, preparedness, response, and recovery. 20 (K) (8) Establish a register of government and 21 private response resources available for use in a 22 disaster. 23 (L) (9) Expand the Earthquake Awareness Program 24 and its efforts to distribute earthquake preparedness 25 materials to schools, political subdivisions, 26 community groups, civic organizations, and the media. SB2322 - 13 - LRB104 12191 BDA 22295 b SB2322- 14 -LRB104 12191 BDA 22295 b SB2322 - 14 - LRB104 12191 BDA 22295 b SB2322 - 14 - LRB104 12191 BDA 22295 b 1 Emphasis will be placed on those areas of the State 2 most at risk from an earthquake. Maintain the list of 3 all school districts, hospitals, airports, power 4 plants, including nuclear power plants, lakes, dams, 5 emergency response facilities of all types, and all 6 other major public or private structures which are at 7 the greatest risk of damage from earthquakes under 8 circumstances where the damage would cause subsequent 9 harm to the surrounding communities and residents. 10 (M) (10) Disseminate all information, completely 11 and without delay, on water levels for rivers and 12 streams and any other data pertaining to potential 13 flooding supplied by the Division of Water Resources 14 within the Department of Natural Resources to all 15 political subdivisions to the maximum extent possible. 16 (N) (11) Develop agreements, if feasible, with 17 medical supply and equipment firms to supply resources 18 as are necessary to respond to an earthquake or any 19 other disaster as defined in this Act. These resources 20 will be made available upon notifying the vendor of 21 the disaster. Payment for the resources will be in 22 accordance with Section 7 of this Act. The Illinois 23 Department of Public Health shall determine which 24 resources will be required and requested. 25 (O) (11.5) In coordination with the Illinois State 26 Police, develop and implement a community outreach SB2322 - 14 - LRB104 12191 BDA 22295 b SB2322- 15 -LRB104 12191 BDA 22295 b SB2322 - 15 - LRB104 12191 BDA 22295 b SB2322 - 15 - LRB104 12191 BDA 22295 b 1 program to promote awareness among the State's parents 2 and children of child abduction prevention and 3 response. 4 (P) (12) Out of funds appropriated for these 5 purposes, award capital and non-capital grants to 6 Illinois hospitals or health care facilities located 7 outside of a city with a population in excess of 8 1,000,000 to be used for purposes that include, but 9 are not limited to, preparing to respond to mass 10 casualties and disasters, maintaining and improving 11 patient safety and quality of care, and protecting the 12 confidentiality of patient information. No single 13 grant for a capital expenditure shall exceed $300,000. 14 No single grant for a non-capital expenditure shall 15 exceed $100,000. In awarding such grants, preference 16 shall be given to hospitals that serve a significant 17 number of Medicaid recipients, but do not qualify for 18 disproportionate share hospital adjustment payments 19 under the Illinois Public Aid Code. To receive such a 20 grant, a hospital or health care facility must provide 21 funding of at least 50% of the cost of the project for 22 which the grant is being requested. In awarding such 23 grants the Illinois Emergency Management Agency shall 24 consider the recommendations of the Illinois Hospital 25 Association. 26 (Q) (13) Do all other things necessary, incidental SB2322 - 15 - LRB104 12191 BDA 22295 b SB2322- 16 -LRB104 12191 BDA 22295 b SB2322 - 16 - LRB104 12191 BDA 22295 b SB2322 - 16 - LRB104 12191 BDA 22295 b 1 or appropriate for the implementation of this Act. 2 (4) (g) The Illinois Emergency Management Agency is 3 authorized to make grants to various higher education 4 institutions, public K-12 school districts, area 5 vocational centers as designated by the State Board of 6 Education, inter-district special education cooperatives, 7 regional safe schools, and nonpublic K-12 schools for 8 safety and security improvements. For the purpose of this 9 paragraph subsection (g), "higher education institution" 10 means a public university, a public community college, or 11 an independent, not-for-profit or for-profit higher 12 education institution located in this State. Grants made 13 under this paragraph subsection (g) shall be paid out of 14 moneys appropriated for that purpose from the Build 15 Illinois Bond Fund. The Illinois Emergency Management 16 Agency shall adopt rules to implement this paragraph 17 subsection (g). These rules may specify: (i) the manner of 18 applying for grants; (ii) project eligibility 19 requirements; (iii) restrictions on the use of grant 20 moneys; (iv) the manner in which the various higher 21 education institutions must account for the use of grant 22 moneys; and (v) any other provision that the Illinois 23 Emergency Management Agency determines to be necessary or 24 useful for the administration of this paragraph subsection 25 (g). 26 (5) (g-5) The Illinois Emergency Management Agency is SB2322 - 16 - LRB104 12191 BDA 22295 b SB2322- 17 -LRB104 12191 BDA 22295 b SB2322 - 17 - LRB104 12191 BDA 22295 b SB2322 - 17 - LRB104 12191 BDA 22295 b 1 authorized to make grants to not-for-profit organizations 2 which are exempt from federal income taxation under 3 section 501(c)(3) of the Federal Internal Revenue Code for 4 eligible security improvements that assist the 5 organization in preventing, preparing for, or responding 6 to threats, attacks, or acts of terrorism. To be eligible 7 for a grant under the program, the Agency must determine 8 that the organization is at a high risk of being subject to 9 threats, attacks, or acts of terrorism based on the 10 organization's profile, ideology, mission, or beliefs. 11 Eligible security improvements shall include all eligible 12 preparedness activities under the federal Nonprofit 13 Security Grant Program, including, but not limited to, 14 physical security upgrades, security training exercises, 15 preparedness training exercises, contracting with security 16 personnel, and any other security upgrades deemed eligible 17 by the Director. Eligible security improvements shall not 18 duplicate, in part or in whole, a project included under 19 any awarded federal grant or in a pending federal 20 application. The Director shall establish procedures and 21 forms by which applicants may apply for a grant and 22 procedures for distributing grants to recipients. Any 23 security improvements awarded shall remain at the physical 24 property listed in the grant application, unless 25 authorized by Agency rule or approved by the Agency in 26 writing. The procedures shall require each applicant to do SB2322 - 17 - LRB104 12191 BDA 22295 b SB2322- 18 -LRB104 12191 BDA 22295 b SB2322 - 18 - LRB104 12191 BDA 22295 b SB2322 - 18 - LRB104 12191 BDA 22295 b 1 the following: 2 (A) (1) identify and substantiate prior or current 3 threats, attacks, or acts of terrorism against the 4 not-for-profit organization; 5 (B) (2) indicate the symbolic or strategic value 6 of one or more sites that renders the site a possible 7 target of a threat, attack, or act of terrorism; 8 (C) (3) discuss potential consequences to the 9 organization if the site is damaged, destroyed, or 10 disrupted by a threat, attack, or act of terrorism; 11 (D) (4) describe how the grant will be used to 12 integrate organizational preparedness with broader 13 State and local preparedness efforts, as described by 14 the Agency in each Notice of Opportunity for Funding; 15 (E) (5) submit (i) a vulnerability assessment 16 conducted by experienced security, law enforcement, or 17 military personnel, or conducted using an 18 Agency-approved or federal Nonprofit Security Grant 19 Program self-assessment tool, and (ii) a description 20 of how the grant award will be used to address the 21 vulnerabilities identified in the assessment; and 22 (F) (6) submit any other relevant information as 23 may be required by the Director. 24 The Agency is authorized to use funds appropriated for the 25 grant program described in this paragraph (5) subsection (g-5) 26 to administer the program. SB2322 - 18 - LRB104 12191 BDA 22295 b SB2322- 19 -LRB104 12191 BDA 22295 b SB2322 - 19 - LRB104 12191 BDA 22295 b SB2322 - 19 - LRB104 12191 BDA 22295 b 1 (e) The Agency shall have the following homeland security 2 duties: 3 (1) The Homeland Security Advisor is established as 4 follows: 5 (A) A Homeland Security Advisor shall be appointed 6 by, and report to, the Governor, with the advice and 7 consent of the Senate. The Homeland Security Advisor 8 shall serve a 4-year term. The Governor may, in his 9 discretion, appoint one or more Deputy Homeland 10 Security Advisors to function in the absence of the 11 Homeland Security Advisor on such portfolios as he or 12 she deems appropriate. 13 (B) The Homeland Security advisor shall be 14 responsible for leading the State's strategic response 15 and policy recommendations on all matters pertaining 16 to homeland security, including, but not limited to, 17 development and execution of Statewide prevention 18 efforts associated with violence/targeted violence, 19 terrorism, domestic violent extremism, school safety, 20 cybersecurity, critical infrastructure protection, 21 online safety, public safety training, and mutual aid 22 assistance. 23 (C) The Illinois Emergency Management Agency and 24 Office of Homeland Security shall coordinate with and 25 provide administrative support for the Homeland 26 Security Advisor. The Homeland Security Advisor shall SB2322 - 19 - LRB104 12191 BDA 22295 b SB2322- 20 -LRB104 12191 BDA 22295 b SB2322 - 20 - LRB104 12191 BDA 22295 b SB2322 - 20 - LRB104 12191 BDA 22295 b 1 not hold any other remunerative public office unless 2 the individual is also appointed as a State agency 3 director or secretary. 4 (D) Coordinates with all executive State agencies, 5 regarding the matters of homeland security. Each 6 executive agency shall coordinate and provide 7 briefings to the Homeland Security Advisor to produce 8 unified State strategies on homeland security. 9 (2) The Agency shall: 10 (A) Coordinate and provide administrative support 11 for the Homeland Security Advisor. 12 (B) Oversee, consult, and coordinate comprehensive 13 strategic response and policy recommendations for the 14 Homeland Security Advisor pertaining to all non-law 15 enforcement matters of homeland security for the 16 State. Such matters shall include the assessment, 17 development, and implementation of policies, 18 protocols, and strategies for the prevention, 19 preparedness, and recovery efforts associated with 20 targeted violence, terrorism, domestic violent 21 extremism, school safety, cybersecurity, critical 22 infrastructure protection, and online safety. The 23 Agency shall also coordinate local, State, and federal 24 agencies in public safety training and mutual aid 25 assistance. 26 (C) Serve as the primary liaison for non-law SB2322 - 20 - LRB104 12191 BDA 22295 b SB2322- 21 -LRB104 12191 BDA 22295 b SB2322 - 21 - LRB104 12191 BDA 22295 b SB2322 - 21 - LRB104 12191 BDA 22295 b 1 enforcement national security matters with the U.S. 2 Department of Homeland Security (DHS), the Federal 3 Emergency Management Agency (FEMA), the Cybersecurity 4 and Infrastructure Security Agency (CISA), the Federal 5 Bureau of Investigation (FBI), the Office of the 6 Director of National Intelligence (ODNI), and any 7 other federal agencies for matters pertaining to 8 homeland security in the State. 9 (D) Consult and Coordinates with the Illinois 10 State Police to provide the U.S. Department of 11 Homeland Security (DHS) with relevant 12 counterterrorism, cyber, and transnational organized 13 crime reporting data pertaining to the State. 14 (E) Conduct public risk communication messaging. 15 (F) Adopt rules, regulations, and requirements 16 necessary for implementation of the homeland security 17 programs reflected in this Section. 18 (f) The Agency shall have the following nuclear and 19 radiation safety duties: 20 (1) The Agency shall exercise, administer, and enforce 21 all rights, powers, and duties for nuclear and radiation 22 safety authorized in the Nuclear Safety Law of 2004, 20 23 ILCS 3310/, or successor statutes. 24 (2) The Agency shall develop a comprehensive emergency 25 preparedness and response plan for any nuclear accident in 26 accordance with Section 65 of the Nuclear Safety Law of SB2322 - 21 - LRB104 12191 BDA 22295 b SB2322- 22 -LRB104 12191 BDA 22295 b SB2322 - 22 - LRB104 12191 BDA 22295 b SB2322 - 22 - LRB104 12191 BDA 22295 b 1 2004 and in development of the Illinois Nuclear Safety 2 Preparedness program in accordance with Section 8 of the 3 Illinois Nuclear Safety Preparedness Act, or successor 4 statute. 5 (3) The Agency shall have the right to enter on public 6 and private property in order to take soil and air samples 7 for response to a disaster that causes radioactive 8 contamination. 9 Any Agency Notice of Opportunity for Funding, proposed or 10 final rulemaking, guidance, training opportunity, or other 11 resource related to the grant program must be published on the 12 Agency's publicly available website, and any announcements 13 related to funding shall be shared with all State legislative 14 offices, the Governor's office, emergency services and 15 disaster agencies mandated or required pursuant to subsections 16 (b) through (d) of Section 10, and any other State agencies as 17 determined by the Agency. Subject to appropriation, the grant 18 application period shall be open for no less than 45 calendar 19 days during the first application cycle each fiscal year, 20 unless the Agency determines that a shorter period is 21 necessary to avoid conflicts with the annual federal Nonprofit 22 Security Grant Program funding cycle. Additional application 23 cycles may be conducted during the same fiscal year, subject 24 to availability of funds. Upon request, Agency staff shall 25 provide reasonable assistance to any applicant in completing a 26 grant application or meeting a post-award requirement. SB2322 - 22 - LRB104 12191 BDA 22295 b SB2322- 23 -LRB104 12191 BDA 22295 b SB2322 - 23 - LRB104 12191 BDA 22295 b SB2322 - 23 - LRB104 12191 BDA 22295 b 1 In addition to any advance payment rules or procedures 2 adopted by the Agency, the Agency shall adopt rules or 3 procedures by which grantees under this subsection (g-5) may 4 receive a working capital advance of initial start-up costs 5 and up to 2 months of program expenses, not to exceed 25% of 6 the total award amount, if, during the application process, 7 the grantee demonstrates a need for funds to commence a 8 project. The remaining funds must be paid through 9 reimbursement after the grantee presents sufficient supporting 10 documentation of expenditures for eligible activities. 11 (g) (h) Except as provided in Section 17.5 of this Act, any 12 moneys received by the Agency from donations or sponsorships 13 unrelated to a disaster shall be deposited in the Emergency 14 Planning and Training Fund and used by the Agency, subject to 15 appropriation, to effectuate planning and training activities. 16 Any moneys received by the Agency from donations during a 17 disaster and intended for disaster response or recovery shall 18 be deposited into the Disaster Response and Recovery Fund and 19 used for disaster response and recovery pursuant to the 20 Disaster Relief Act. 21 (h) (i) The Illinois Emergency Management Agency may by 22 rule assess and collect reasonable fees for attendance at 23 Agency-sponsored conferences to enable the Agency to carry out 24 the requirements of this Act. Any moneys received under this 25 subsection shall be deposited in the Emergency Planning and 26 Training Fund and used by the Agency, subject to SB2322 - 23 - LRB104 12191 BDA 22295 b SB2322- 24 -LRB104 12191 BDA 22295 b SB2322 - 24 - LRB104 12191 BDA 22295 b SB2322 - 24 - LRB104 12191 BDA 22295 b 1 appropriation, for planning and training activities. 2 (i) (j) The Illinois Emergency Management Agency is 3 authorized to make grants to other State agencies, public 4 universities, units of local government, and statewide mutual 5 aid organizations to enhance statewide emergency preparedness 6 and response. The Agency shall adopt rules for implementation 7 of State-funded grant programs. 8 (j) The Agency shall do all other things necessary, 9 incidental or appropriate for the implementation of this Act, 10 including the promulgation of rules in accordance with the 11 Illinois Administrative Procedure Act. 12 (k) Subject to appropriation from the Emergency Planning 13 and Training Fund, the Illinois Emergency Management Agency 14 and Office of Homeland Security shall obtain training services 15 and support for local emergency services and support for local 16 emergency services and disaster agencies for training, 17 exercises, and equipment related to carbon dioxide pipelines 18 and sequestration, and, subject to the availability of 19 funding, shall provide $5,000 per year to the Illinois Fire 20 Service Institute for first responder training required under 21 Section 4-615 of the Public Utilities Act. Amounts in the 22 Emergency Planning and Training Fund will be used by the 23 Illinois Emergency Management Agency and Office of Homeland 24 Security for administrative costs incurred in carrying out the 25 requirements of this subsection. To carry out the purposes of 26 this subsection, the Illinois Emergency Management Agency and SB2322 - 24 - LRB104 12191 BDA 22295 b SB2322- 25 -LRB104 12191 BDA 22295 b SB2322 - 25 - LRB104 12191 BDA 22295 b SB2322 - 25 - LRB104 12191 BDA 22295 b 1 Office of Homeland Security may accept moneys from all 2 authorized sources into the Emergency Planning and Training 3 Fund, including, but not limited to, transfers from the Carbon 4 Dioxide Sequestration Administrative Fund and the Public 5 Utility Fund. 6 (l) (k) The Agency shall do all other things necessary, 7 incidental, or appropriate for the implementation of this Act, 8 including the adoption of rules in accordance with the 9 Illinois Administrative Procedure Act. 10 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 11 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. 12 1-1-24; 103-588, eff. 1-1-25; 103-651, eff. 7-18-24; 103-999, 13 eff. 1-1-25; revised 11-26-24.) 14 (20 ILCS 3305/6) (from Ch. 127, par. 1056) 15 Sec. 6. Emergency Management Powers of the Governor. 16 (a) The Governor shall have general direction and control 17 of the Illinois Emergency Management Agency and shall be 18 responsible for the carrying out of the provisions of this 19 Act. 20 (b) In performing duties under this Act, the Governor is 21 authorized to cooperate with the federal government and with 22 other states in all matters pertaining to emergency 23 management, nuclear and radiation safety, and homeland 24 security. 25 (c) In performing duties under this Act, the Governor is SB2322 - 25 - LRB104 12191 BDA 22295 b SB2322- 26 -LRB104 12191 BDA 22295 b SB2322 - 26 - LRB104 12191 BDA 22295 b SB2322 - 26 - LRB104 12191 BDA 22295 b 1 further authorized: 2 (1) To make, amend, and rescind all lawful necessary 3 orders, rules, and regulations to carry out the provisions 4 of this Act within the limits of the authority conferred 5 upon the Governor. 6 (2) To prepare cause to be prepared a comprehensive 7 plans plan and programs program for the emergency 8 management, nuclear and radiation safety, and homeland 9 security of this State, which plan and program shall be 10 integrated into and coordinated with emergency management, 11 nuclear and radiation safety, and homeland security plans 12 and programs of the federal government and of other states 13 whenever possible and which plan and program may include: 14 a. Mitigation of injury and damage caused by 15 disaster. 16 b. Prompt and effective response to disaster. 17 c. Emergency relief. 18 d. Identification of areas particularly vulnerable 19 to disasters. 20 e. Recommendations for zoning, building, and other 21 land-use controls, safety measures for securing 22 permanent structures and other mitigation measures 23 designed to eliminate or reduce disasters or their 24 impact. 25 f. Assistance to political subdivisions in 26 designing emergency operations plans. SB2322 - 26 - LRB104 12191 BDA 22295 b SB2322- 27 -LRB104 12191 BDA 22295 b SB2322 - 27 - LRB104 12191 BDA 22295 b SB2322 - 27 - LRB104 12191 BDA 22295 b 1 g. Authorization and procedures for the erection 2 or other construction of temporary works designed to 3 mitigate danger, damage or loss from flood, or other 4 disaster. 5 h. Preparation and distribution to the appropriate 6 State and political subdivision officials of a State 7 catalog of federal, State, and private assistance 8 programs. 9 i. Organization of State personnel and chains of 10 command. 11 j. Coordination of federal, State, and political 12 subdivision emergency management, nuclear and 13 radiation safety, and homeland security activities. 14 k. Other necessary matters. 15 (3) In accordance with the plans plan and programs 16 program for the emergency management, nuclear and 17 radiation safety, and homeland security of this State, and 18 out of funds appropriated for these purposes, to procure 19 and preposition supplies, medicines, materials and 20 equipment, to institute training programs and public 21 information programs, and to take all other preparatory 22 steps including the partial or full mobilization of 23 emergency services and disaster agencies in advance of 24 actual disaster to insure the furnishing of adequately 25 trained and equipped forces for disaster response and 26 recovery. SB2322 - 27 - LRB104 12191 BDA 22295 b SB2322- 28 -LRB104 12191 BDA 22295 b SB2322 - 28 - LRB104 12191 BDA 22295 b SB2322 - 28 - LRB104 12191 BDA 22295 b 1 (4) Out of funds appropriated for these purposes, to 2 make studies and surveys of the industries, resources, and 3 facilities in this State as may be necessary to ascertain 4 the capabilities of the State for emergency management 5 phases of mitigation, preparedness, response, and recovery 6 and to plan for the most efficient emergency use thereof. 7 (5) On behalf of this State, to negotiate for and 8 submit to the General Assembly for its approval or 9 rejection reciprocal mutual aid agreements or compacts 10 with other states, either on a statewide or political 11 subdivision basis. The agreements or compacts, shall be 12 limited to the furnishing or exchange of food, clothing, 13 medical or other supplies, engineering and police 14 services; emergency housing and feeding; National and 15 State Guards while under the control of the State; health, 16 medical, and related services; fire fighting, rescue, 17 transportation, communication, and construction services 18 and equipment, provided, however, that if the General 19 Assembly be not in session and the Governor has not 20 proclaimed the existence of a disaster under this Section, 21 then the agreements or compacts shall instead be submitted 22 to an Interim Committee on Emergency Management composed 23 of 5 Senators appointed by the President of the Senate and 24 of 5 Representatives appointed by the Speaker of the 25 House, during the month of June of each odd-numbered year 26 to serve for a 2 year term, beginning July 1 of that year, SB2322 - 28 - LRB104 12191 BDA 22295 b SB2322- 29 -LRB104 12191 BDA 22295 b SB2322 - 29 - LRB104 12191 BDA 22295 b SB2322 - 29 - LRB104 12191 BDA 22295 b 1 and until their successors are appointed and qualified, or 2 until termination of their legislative service, whichever 3 first occurs. Vacancies shall be filled by appointment for 4 the unexpired term in the same manner as original 5 appointments. All appointments shall be made in writing 6 and filed with the Secretary of State as a public record. 7 The Committee shall have the power to approve or reject 8 any agreements or compacts for and on behalf of the 9 General Assembly; and, provided further, that an 10 affirmative vote of 2/3 of the members of the Committee 11 shall be necessary for the approval of any agreement or 12 compact. 13 (Source: P.A. 92-73, eff. 1-1-02.) 14 (20 ILCS 3305/7) (from Ch. 127, par. 1057) 15 Sec. 7. Emergency Powers of the Governor. In the event of a 16 disaster, as defined in Section 4, the Governor may, by 17 proclamation declare that a disaster exists. Upon such 18 proclamation, the Governor shall have and may exercise for a 19 period not to exceed 30 days the following emergency powers; 20 provided, however, that the lapse of the emergency powers 21 shall not, as regards any act or acts occurring or committed 22 within the 30-day period, deprive any person, firm, 23 corporation, political subdivision, or body politic of any 24 right or rights to compensation or reimbursement which he, 25 she, it, or they may have under the provisions of this Act: SB2322 - 29 - LRB104 12191 BDA 22295 b SB2322- 30 -LRB104 12191 BDA 22295 b SB2322 - 30 - LRB104 12191 BDA 22295 b SB2322 - 30 - LRB104 12191 BDA 22295 b 1 (1) To suspend the provisions of any regulatory 2 statute prescribing procedures for conduct of State 3 business, or the orders, rules and regulations of any 4 State agency, if strict compliance with the provisions of 5 any statute, order, rule, or regulation would in any way 6 prevent, hinder or delay necessary action, including 7 emergency purchases, by the Illinois Emergency Management 8 Agency, in coping with the disaster. 9 (2) To utilize all available resources of the State 10 government as reasonably necessary to cope with the 11 disaster and of each political subdivision of the State. 12 (3) To transfer the direction, personnel or functions 13 of State departments and agencies or units thereof for the 14 purpose of performing or facilitating disaster response 15 and recovery programs. 16 (4) On behalf of this State to take possession of, and 17 to acquire full title or a lesser specified interest in, 18 any personal property as may be necessary to accomplish 19 the objectives set forth in Section 2 of this Act, 20 including: airplanes, automobiles, trucks, trailers, 21 buses, and other vehicles; coal, oils, gasoline, and other 22 fuels and means of propulsion; explosives, materials, 23 equipment, and supplies; animals and livestock; feed and 24 seed; food and provisions for humans and animals; clothing 25 and bedding; and medicines and medical and surgical 26 supplies; and to take possession of and for a limited SB2322 - 30 - LRB104 12191 BDA 22295 b SB2322- 31 -LRB104 12191 BDA 22295 b SB2322 - 31 - LRB104 12191 BDA 22295 b SB2322 - 31 - LRB104 12191 BDA 22295 b 1 period occupy and use any real estate necessary to 2 accomplish those objectives; but only upon the undertaking 3 by the State to pay just compensation therefor as in this 4 Act provided, and then only under the following 5 provisions: 6 a. The Governor, or the person or persons as the 7 Governor may authorize so to do, may forthwith take 8 possession of property for and on behalf of the State; 9 provided, however, that the Governor or persons shall 10 simultaneously with the taking, deliver to the owner 11 or his or her agent, if the identity of the owner or 12 agency is known or readily ascertainable, a signed 13 statement in writing, that shall include the name and 14 address of the owner, the date and place of the taking, 15 description of the property sufficient to identify it, 16 a statement of interest in the property that is being 17 so taken, and, if possible, a statement in writing, 18 signed by the owner, setting forth the sum that he or 19 she is willing to accept as just compensation for the 20 property or use. Whether or not the owner or agent is 21 known or readily ascertainable, a true copy of the 22 statement shall promptly be filed by the Governor or 23 the person with the Director, who shall keep the 24 docket of the statements. In cases where the sum that 25 the owner is willing to accept as just compensation is 26 less than $1,000, copies of the statements shall also SB2322 - 31 - LRB104 12191 BDA 22295 b SB2322- 32 -LRB104 12191 BDA 22295 b SB2322 - 32 - LRB104 12191 BDA 22295 b SB2322 - 32 - LRB104 12191 BDA 22295 b 1 be filed by the Director with, and shall be passed upon 2 by an Emergency Management Claims Commission, 3 consisting of 3 disinterested citizens who shall be 4 appointed by the Governor, by and with the advice and 5 consent of the Senate, within 20 days after the 6 Governor's declaration of a disaster, and if the sum 7 fixed by them as just compensation be less than $1,000 8 and is accepted in writing by the owner, then the State 9 Treasurer out of funds appropriated for these 10 purposes, shall, upon certification thereof by the 11 Emergency Management Claims Commission, cause the sum 12 so certified forthwith to be paid to the owner. The 13 Emergency Management Claims Commission is hereby given 14 the power to issue appropriate subpoenas and to 15 administer oaths to witnesses and shall keep 16 appropriate minutes and other records of its actions 17 upon and the disposition made of all claims. 18 b. When the compensation to be paid for the taking 19 or use of property or interest therein is not or cannot 20 be determined and paid under item a of this paragraph 21 (4), a petition in the name of The People of the State 22 of Illinois shall be promptly filed by the Director, 23 which filing may be enforced by mandamus, in the 24 circuit court of the county where the property or any 25 part thereof was located when initially taken or used 26 under the provisions of this Act praying that the SB2322 - 32 - LRB104 12191 BDA 22295 b SB2322- 33 -LRB104 12191 BDA 22295 b SB2322 - 33 - LRB104 12191 BDA 22295 b SB2322 - 33 - LRB104 12191 BDA 22295 b 1 amount of compensation to be paid to the person or 2 persons interested therein be fixed and determined. 3 The petition shall include a description of the 4 property that has been taken, shall state the physical 5 condition of the property when taken, shall name as 6 defendants all interested parties, shall set forth the 7 sum of money estimated to be just compensation for the 8 property or interest therein taken or used, and shall 9 be signed by the Director. The litigation shall be 10 handled by the Attorney General for and on behalf of 11 the State. 12 c. Just compensation for the taking or use of 13 property or interest therein shall be promptly 14 ascertained in proceedings and established by judgment 15 against the State, that shall include, as part of the 16 just compensation so awarded, interest at the rate of 17 6% per annum on the fair market value of the property 18 or interest therein from the date of the taking or use 19 to the date of the judgment; and the court may order 20 the payment of delinquent taxes and special 21 assessments out of the amount so awarded as just 22 compensation and may make any other orders with 23 respect to encumbrances, rents, insurance, and other 24 charges, if any, as shall be just and equitable. 25 (5) When required by the exigencies of the disaster, 26 to sell, lend, rent, give, or distribute all or any part of SB2322 - 33 - LRB104 12191 BDA 22295 b SB2322- 34 -LRB104 12191 BDA 22295 b SB2322 - 34 - LRB104 12191 BDA 22295 b SB2322 - 34 - LRB104 12191 BDA 22295 b 1 property so or otherwise acquired to the inhabitants of 2 this State, or to political subdivisions of this State, 3 or, under the interstate mutual aid agreements or compacts 4 as are entered into under the provisions of subparagraph 5 (5) of paragraph (c) of Section 6 to other states, and to 6 account for and transmit to the State Treasurer all funds, 7 if any, received therefor. 8 (6) To recommend the evacuation of all or part of the 9 population from any stricken or threatened area within the 10 State if the Governor deems this action necessary. 11 (7) To prescribe routes, modes of transportation, and 12 destinations in connection with evacuation. 13 (8) To control ingress and egress to and from a 14 disaster area, the movement of persons within the area, 15 and the occupancy of premises therein. 16 (9) To suspend or limit the sale, dispensing, or 17 transportation of alcoholic beverages, firearms, 18 explosives, and combustibles. 19 (10) To make provision for the availability and use of 20 temporary emergency housing. 21 (11) A proclamation of a disaster shall activate the 22 State Emergency Operations Plan, and political subdivision 23 emergency operations plans applicable to the political 24 subdivision or area in question and be authority for the 25 deployment and use of any forces that the plan or plans 26 apply and for use or distribution of any supplies, SB2322 - 34 - LRB104 12191 BDA 22295 b SB2322- 35 -LRB104 12191 BDA 22295 b SB2322 - 35 - LRB104 12191 BDA 22295 b SB2322 - 35 - LRB104 12191 BDA 22295 b 1 equipment, and materials and facilities assembled, 2 stockpiled or arranged to be made available under this Act 3 or any other provision of law relating to disasters. 4 (12) Control, restrict, and regulate by rationing, 5 freezing, use of quotas, prohibitions on shipments, price 6 fixing, allocation or other means, the use, sale or 7 distribution of food, feed, fuel, clothing and other 8 commodities, materials, goods, or services; and perform 9 and exercise any other functions, powers, and duties as 10 may be necessary to promote and secure the safety and 11 protection of the civilian population. 12 (13) During the continuance of any disaster the 13 Governor is commander-in-chief of the organized and 14 unorganized militia and of all other forces available for 15 emergency duty. To the greatest extent practicable, the 16 Governor shall delegate or assign authority to the 17 Director to manage, coordinate, and direct all resources 18 by orders issued at the time of the disaster. 19 (14) Prohibit increases in the prices of goods and 20 services during a disaster. 21 (Source: P.A. 102-485, eff. 8-20-21.) 22 (20 ILCS 3305/8) (from Ch. 127, par. 1058) 23 Sec. 8. Mobile Support Teams. 24 (a) The Governor or Director may cause to be created 25 Mobile Support Teams to aid and to reinforce the Illinois SB2322 - 35 - LRB104 12191 BDA 22295 b SB2322- 36 -LRB104 12191 BDA 22295 b SB2322 - 36 - LRB104 12191 BDA 22295 b SB2322 - 36 - LRB104 12191 BDA 22295 b 1 Emergency Management Agency, and emergency services and 2 disaster agencies in areas stricken by disaster. Each mobile 3 support team shall have a leader, selected by the Director who 4 will be responsible, under the direction and control of the 5 Director, for the organization, administration, and training, 6 and operation of the mobile support team. 7 (b) Personnel of a mobile support team while on duty 8 pursuant to such a call or while engaged in regularly 9 scheduled training or exercises, whether within or without the 10 State, shall either: 11 (1) If they are paid employees of the State, have the 12 powers, duties, rights, privileges and immunities and 13 receive the compensation incidental to their employment. 14 (2) If they are paid employees of a political 15 subdivision or body politic of this State, and whether 16 serving within or without that political subdivision or 17 body politic, have the powers, duties, rights, privileges 18 and immunities, and receive the compensation incidental to 19 their employment. 20 (3) If they are not employees of the State, political 21 subdivision or body politic, or being such employees, are 22 not normally paid for their services, be entitled to at 23 least one dollar per year compensation from the State. 24 Personnel of a mobile support team who suffer disease, 25 injury or death arising out of or in the course of emergency 26 duty, shall for the purposes of benefits under the Workers' SB2322 - 36 - LRB104 12191 BDA 22295 b SB2322- 37 -LRB104 12191 BDA 22295 b SB2322 - 37 - LRB104 12191 BDA 22295 b SB2322 - 37 - LRB104 12191 BDA 22295 b 1 Compensation Act or Workers' Occupational Diseases Act only, 2 be deemed to be employees of this State. If the person 3 diseased, injured or killed is an employee described in item 4 (3) above, the computation of benefits payable under either of 5 those Acts shall be based on income commensurate with 6 comparable State employees doing the same type of work or 7 income from the person's regular employment, whichever is 8 greater. 9 All personnel of mobile support teams shall, while on duty 10 under such call, be reimbursed by this State for all actual and 11 necessary travel and subsistence expenses. 12 (c) The State shall reimburse each political subdivision 13 or body politic from the Disaster Response and Recovery Fund 14 for the compensation paid and the actual and necessary travel, 15 subsistence and maintenance expenses of paid employees of the 16 political subdivision or body politic while serving, outside 17 of its geographical boundaries pursuant to such a call, as 18 members of a mobile support team, and for all payments made for 19 death, disease or injury of those paid employees arising out 20 of and incurred in the course of that duty, and for all losses 21 of or damage to supplies and equipment of the political 22 subdivision or body politic resulting from the operations. 23 (d) Whenever mobile support teams or units of another 24 state, while the Governor has the emergency powers provided 25 for under Section 7 of this Act, render aid to this State under 26 the orders of the Governor of its home state and upon the SB2322 - 37 - LRB104 12191 BDA 22295 b SB2322- 38 -LRB104 12191 BDA 22295 b SB2322 - 38 - LRB104 12191 BDA 22295 b SB2322 - 38 - LRB104 12191 BDA 22295 b 1 request of the Governor of this State, all questions relating 2 to reimbursement by this State to the other state and its 3 citizens in regard to the assistance so rendered shall be 4 determined by the mutual aid agreements or interstate compacts 5 described in subparagraph (5) of paragraph (c) of Section 6 as 6 are existing at the time of the assistance rendered or are 7 entered into thereafter and under Section 303 (d) of the 8 Federal Civil Defense Act of 1950. 9 (e) No personnel of mobile support teams of this State may 10 be ordered by the Governor to operate in any other state unless 11 a request for the same has been made by the Governor or duly 12 authorized representative of the other state. 13 (Source: P.A. 98-465, eff. 8-16-13.) 14 (20 ILCS 3305/10) (from Ch. 127, par. 1060) 15 Sec. 10. Emergency Services and Disaster Agencies. 16 (a) Each political subdivision within this State shall be 17 within the jurisdiction of and served by the Illinois 18 Emergency Management Agency and by an emergency services and 19 disaster agency responsible for emergency management programs. 20 A township, if the township is in a county having a population 21 of more than 2,000,000, must have approval of the county 22 coordinator before establishment of a township emergency 23 services and disaster agency. 24 (b) Unless multiple county emergency services and disaster 25 agency consolidation is authorized by the Illinois Emergency SB2322 - 38 - LRB104 12191 BDA 22295 b SB2322- 39 -LRB104 12191 BDA 22295 b SB2322 - 39 - LRB104 12191 BDA 22295 b SB2322 - 39 - LRB104 12191 BDA 22295 b 1 Management Agency with the consent of the respective counties, 2 each county shall maintain an emergency services and disaster 3 agency that has jurisdiction over and serves the entire 4 county, except as otherwise provided under this Act and except 5 that in any county with a population of over 3,000,000 6 containing a municipality with a population of over 500,000 7 the jurisdiction of the county agency shall not extend to the 8 municipality when the municipality has established its own 9 agency. 10 (c) Each municipality with a population of over 500,000 11 shall maintain an emergency services and disaster agency which 12 has jurisdiction over and serves the entire municipality. A 13 municipality with a population less than 500,000 may 14 establish, by ordinance, an agency or department responsible 15 for emergency management within the municipality's corporate 16 limits. 17 (d) The Governor shall determine which municipal 18 corporations, other than those specified in paragraph (c) of 19 this Section, need emergency services and disaster agencies of 20 their own and require that they be established and maintained. 21 The Governor shall make these determinations on the basis of 22 the municipality's disaster vulnerability and capability of 23 response related to population size and concentration. The 24 emergency services and disaster agency of a county or 25 township, shall not have a jurisdiction within a political 26 subdivision having its own emergency services and disaster SB2322 - 39 - LRB104 12191 BDA 22295 b SB2322- 40 -LRB104 12191 BDA 22295 b SB2322 - 40 - LRB104 12191 BDA 22295 b SB2322 - 40 - LRB104 12191 BDA 22295 b 1 agency, but shall cooperate with the emergency services and 2 disaster agency of a city, village or incorporated town within 3 their borders. The Illinois Emergency Management Agency shall 4 publish and furnish a current list to the municipalities 5 required to have an emergency services and disaster agency 6 under this subsection. 7 (e) Each municipality that is not required to and does not 8 have an emergency services and disaster agency shall have a 9 liaison officer designated to facilitate the cooperation and 10 protection of that municipal corporation with the county 11 emergency services and disaster agency in which it is located 12 in the work of disaster mitigation, preparedness, response, 13 and recovery. 14 (f) The principal executive officer or his or her designee 15 of each political subdivision in the State shall annually 16 notify the Illinois Emergency Management Agency of the manner 17 in which the political subdivision is providing or securing 18 emergency management, identify the executive head of the 19 agency or the department from which the service is obtained, 20 or the liaison officer in accordance with subsection (e) 21 paragraph (d) of this Section and furnish additional 22 information relating thereto as the Illinois Emergency 23 Management Agency requires. 24 (g) Each emergency services and disaster agency shall 25 prepare an emergency operations plan for its geographic 26 boundaries that complies with planning, review, and approval SB2322 - 40 - LRB104 12191 BDA 22295 b SB2322- 41 -LRB104 12191 BDA 22295 b SB2322 - 41 - LRB104 12191 BDA 22295 b SB2322 - 41 - LRB104 12191 BDA 22295 b 1 standards promulgated by the Illinois Emergency Management 2 Agency. The Illinois Emergency Management Agency shall 3 determine which jurisdictions will be required to include 4 earthquake preparedness in their local emergency operations 5 plans. 6 (h) The emergency services and disaster agency shall 7 prepare and distribute to all appropriate officials in written 8 form a clear and complete statement of the emergency 9 responsibilities of all local departments and officials and of 10 the disaster chain of command. 11 (i) Each emergency services and disaster agency shall have 12 a Coordinator who shall be appointed by the principal 13 executive officer of the political subdivision in the same 14 manner as are the heads of regular governmental departments. 15 If the political subdivision is a county and the principal 16 executive officer appoints the sheriff as the Coordinator, the 17 sheriff may, in addition to his or her regular compensation, 18 receive compensation at the same level as provided in Article 19 3 of the Counties Code Section 3 of "An Act in relation to the 20 regulation of motor vehicle traffic and the promotion of 21 safety on public highways in counties", approved August 9, 22 1951, as amended. The Coordinator shall have direct 23 responsibility for the organization, administration, training, 24 and operation of the emergency services and disaster agency, 25 subject to the direction and control of that principal 26 executive officer. Each emergency services and disaster agency SB2322 - 41 - LRB104 12191 BDA 22295 b SB2322- 42 -LRB104 12191 BDA 22295 b SB2322 - 42 - LRB104 12191 BDA 22295 b SB2322 - 42 - LRB104 12191 BDA 22295 b 1 shall coordinate and may perform emergency management 2 functions within the territorial limits of the political 3 subdivision within which it is organized as are prescribed in 4 and by the State Emergency Operations Plan, and programs, 5 orders, rules and regulations as may be promulgated by the 6 Illinois Emergency Management Agency and by local ordinance 7 and, in addition, shall conduct such functions outside of 8 those territorial limits as may be required under mutual aid 9 agreements and compacts as are entered into under subparagraph 10 (5) of paragraph (c) of Section 6. 11 (j) In carrying out the provisions of this Act, each 12 political subdivision may enter into contracts and incur 13 obligations necessary to place it in a position effectively to 14 combat the disasters as are described in Section 4, to protect 15 the health and safety of persons, to protect property, and to 16 provide emergency assistance to victims of those disasters. If 17 a disaster occurs, each political subdivision may exercise the 18 powers vested under this Section in the light of the 19 exigencies of the disaster and, excepting mandatory 20 constitutional requirements, without regard to the procedures 21 and formalities normally prescribed by law pertaining to the 22 performance of public work, entering into contracts, the 23 incurring of obligations, the employment of temporary workers, 24 the rental of equipment, the purchase of supplies and 25 materials, and the appropriation, expenditure, and disposition 26 of public funds and property. SB2322 - 42 - LRB104 12191 BDA 22295 b SB2322- 43 -LRB104 12191 BDA 22295 b SB2322 - 43 - LRB104 12191 BDA 22295 b SB2322 - 43 - LRB104 12191 BDA 22295 b 1 (k) Volunteers who, while engaged in a disaster, an 2 exercise, training related to the emergency operations plan of 3 the political subdivision, or a search-and-rescue team 4 response to an occurrence or threat of injury or loss of life 5 that is beyond local response capabilities, suffer disease, 6 injury or death, shall, for the purposes of benefits under the 7 Workers' Compensation Act or Workers' Occupational Diseases 8 Act only, be deemed to be employees of the State, if: (1) the 9 claimant is a duly qualified and enrolled (sworn in) as a 10 volunteer of the Illinois Emergency Management Agency or an 11 emergency services and disaster agency accredited by the 12 Illinois Emergency Management Agency, and (2) if: (i) the 13 claimant was participating in a disaster as defined in Section 14 4 of this Act, (ii) the exercise or training participated in 15 was specifically and expressly approved by the Illinois 16 Emergency Management Agency prior to the exercise or training, 17 or (iii) the search-and-rescue team response was to an 18 occurrence or threat of injury or loss of life that was beyond 19 local response capabilities and was specifically and expressly 20 approved by the Illinois Emergency Management Agency prior to 21 the search-and-rescue team response. The computation of 22 benefits payable under either of those Acts shall be based on 23 the income commensurate with comparable State employees doing 24 the same type work or income from the person's regular 25 employment, whichever is greater. 26 Volunteers who are working under the direction of an SB2322 - 43 - LRB104 12191 BDA 22295 b SB2322- 44 -LRB104 12191 BDA 22295 b SB2322 - 44 - LRB104 12191 BDA 22295 b SB2322 - 44 - LRB104 12191 BDA 22295 b 1 emergency services and disaster agency accredited by the 2 Illinois Emergency Management Agency, pursuant to a plan 3 approved by the Illinois Emergency Management Agency (i) 4 during a disaster declared by the Governor under Section 7 of 5 this Act, or (ii) in circumstances otherwise expressly 6 approved by the Illinois Emergency Management Agency, shall be 7 deemed exclusively employees of the State for purposes of 8 Section 8(d) of the Court of Claims Act, provided that the 9 Illinois Emergency Management Agency may, in coordination with 10 the emergency services and disaster agency, audit 11 implementation for compliance with the plan. 12 (l) If any person who is entitled to receive benefits 13 through the application of this Section receives, in 14 connection with the disease, injury or death giving rise to 15 such entitlement, benefits under an Act of Congress or federal 16 program, benefits payable under this Section shall be reduced 17 to the extent of the benefits received under that other Act or 18 program. 19 (m) (1) Prior to conducting an exercise, the principal 20 executive officer of a political subdivision or his or her 21 designee shall provide area media with written 22 notification of the exercise. The notification shall 23 indicate that information relating to the exercise shall 24 not be released to the public until the commencement of 25 the exercise. The notification shall also contain a 26 request that the notice be so posted to ensure that all SB2322 - 44 - LRB104 12191 BDA 22295 b SB2322- 45 -LRB104 12191 BDA 22295 b SB2322 - 45 - LRB104 12191 BDA 22295 b SB2322 - 45 - LRB104 12191 BDA 22295 b 1 relevant media personnel are advised of the exercise 2 before it begins. 3 (2) During the conduct of an exercise, all messages, 4 two-way radio communications, briefings, status reports, 5 news releases, and other oral or written communications 6 shall begin and end with the following statement: "This is 7 an exercise message". 8 (Source: P.A. 94-733, eff. 4-27-06.) 9 (20 ILCS 3305/12) (from Ch. 127, par. 1062) 10 Sec. 12. Testing of Disaster Warning Devices. The testing 11 of disaster warning devices including outdoor warning sirens 12 shall be held only on the first Tuesday of each month at 10 13 o'clock in the morning or during exercises that are 14 specifically and expressly approved in advance by the Illinois 15 Emergency Management Agency. 16 (Source: P.A. 92-73, eff. 1-1-02.) 17 (20 ILCS 3305/14) (from Ch. 127, par. 1064) 18 Sec. 14. Communications. The Illinois Emergency Management 19 Agency shall ascertain what means exist for rapid and 20 efficient communications in times of disaster. The Illinois 21 Emergency Management Agency shall consider the desirability of 22 supplementing these communications resources or of integrating 23 them into a comprehensive State or State-Federal 24 telecommunications or other communications system or network. SB2322 - 45 - LRB104 12191 BDA 22295 b SB2322- 46 -LRB104 12191 BDA 22295 b SB2322 - 46 - LRB104 12191 BDA 22295 b SB2322 - 46 - LRB104 12191 BDA 22295 b 1 In studying the character and feasibility of any system or its 2 several parts, the Illinois Emergency Management Agency shall 3 evaluate the possibility of multipurpose use thereof for 4 general State and political subdivision purposes. The Illinois 5 Emergency Management Agency may promulgate rules to establish 6 policies and procedures relating to telecommunications and the 7 continuation of rapid and efficient communications in times of 8 disaster to the extent authorized by any provision of this Act 9 or other laws and regulations. The Illinois Emergency 10 Management Agency shall make recommendations to the Governor 11 as appropriate. 12 (Source: P.A. 86-755; 87-168.) 13 (20 ILCS 3305/17.8) 14 Sec. 17.8. IEMA State Projects Fund. The IEMA State 15 Projects Fund is created as a trust fund in the State treasury. 16 The Fund shall consist of any moneys appropriated to the 17 Agency for purposes of the Illinois' Not-For-Profit Security 18 Grant Program, a grant program authorized by paragraph (5) of 19 subsection (d) subsection (g-5) of Section 5 of this Act, to 20 provide funding support for target hardening activities and 21 other physical security enhancements for qualifying 22 not-for-profit organizations that are at high risk of 23 terrorist attack. The Agency is authorized to use moneys 24 appropriated from the Fund to make grants to not-for-profit 25 organizations for target hardening activities, security SB2322 - 46 - LRB104 12191 BDA 22295 b SB2322- 47 -LRB104 12191 BDA 22295 b SB2322 - 47 - LRB104 12191 BDA 22295 b SB2322 - 47 - LRB104 12191 BDA 22295 b 1 personnel, and physical security enhancements and for the 2 payment of administrative expenses associated with the 3 Not-For-Profit Security Grant Program, except that, beginning 4 July 1, 2024, the Agency shall not award grants under this 5 Section to those entities whose primary purpose is to provide 6 medical or mental health services. As used in this Section, 7 "target hardening activities" include, but are not limited to, 8 the purchase and installation of security equipment on real 9 property owned or leased by the not-for-profit organization. 10 Grants, gifts, and moneys from any other source, public or 11 private, may also be deposited into the Fund and used for the 12 purposes authorized by this Act. 13 (Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.) 14 (20 ILCS 3305/18) (from Ch. 127, par. 1068) 15 Sec. 18. Orders, Rules and Regulations. 16 (a) The Governor shall file a copy of every rule, 17 regulation or order, and any amendment thereof made by the 18 Governor under the provisions of this Act in the office of the 19 Secretary of State. Upon No rule, regulation or order, or any 20 amendment thereof shall be effective until 10 days after the 21 filing, provided, however, that upon the declaration of a 22 disaster by the Governor as is described in Section 7 the 23 provision relating to the effective date of any rule, 24 regulation, order or amendment issued under this Act and 25 during the state of disaster is abrogated, and the rule, SB2322 - 47 - LRB104 12191 BDA 22295 b SB2322- 48 -LRB104 12191 BDA 22295 b SB2322 - 48 - LRB104 12191 BDA 22295 b SB2322 - 48 - LRB104 12191 BDA 22295 b 1 regulation, order or amendment shall become effective 2 immediately upon being filed with the Secretary of State 3 accompanied by a certificate stating the reason as required by 4 the Illinois Administrative Procedure Act. 5 (b) Every emergency services and disaster agency 6 established pursuant to this Act and the coordinators thereof 7 shall execute and enforce the orders, rules and regulations as 8 may be made by the Governor under authority of this Act. Each 9 emergency services and disaster agency shall have available 10 for inspection at its office all orders, rules and regulations 11 made by the Governor, or under the Governor's authority. The 12 Illinois Emergency Management Agency shall publish furnish on 13 the Agency's Internet Department's website the orders, rules 14 and regulations to each such emergency services and disaster 15 agency. Upon the written request of an emergency services or 16 disaster agency, copies thereof shall be mailed to the 17 emergency services or disaster agency. 18 (Source: P.A. 98-44, eff. 6-28-13.) 19 (20 ILCS 3305/20) (from Ch. 127, par. 1070) 20 Sec. 20. Oath Emergency Management Agency; personnel; 21 oath. Each person, whether compensated or noncompensated, who 22 is appointed to serve in any capacity in the Illinois 23 Emergency Management Agency and Office of Homeland Security or 24 an emergency services and disaster agency, shall, before 25 entering upon his or her duties, take an oath, in writing, SB2322 - 48 - LRB104 12191 BDA 22295 b SB2322- 49 -LRB104 12191 BDA 22295 b SB2322 - 49 - LRB104 12191 BDA 22295 b SB2322 - 49 - LRB104 12191 BDA 22295 b 1 before the Director or before the coordinator of that 2 emergency services and disaster agency or before other persons 3 authorized to administer oaths in this State, which oath shall 4 be filed with the Director or with the coordinator of the 5 emergency services and disaster agency with which he or she 6 shall serve and which oath shall be substantially as follows: 7 "I, _______________, do solemnly swear (or affirm) that I 8 will support and defend and bear true faith and allegiance to 9 the Constitution of the United States and the Constitution of 10 the State of Illinois, and the territory, institutions and 11 facilities thereof, both public and private, against all 12 enemies, foreign and domestic; that I take this obligation 13 freely, without any mental reservation or purpose of evasion; 14 and that I will well and faithfully discharge the duties upon 15 which I am about to enter. And I do further swear (or affirm) 16 that I do not advocate, nor am I, nor have I been a member of 17 any political party or organization that advocates the 18 overthrow of the government of the United States or of this 19 State by force or violence; and that during such time as I am 20 affiliated with the (name of political subdivision), I will 21 not advocate nor become a member of any political party or 22 organization that advocates the overthrow of the government of 23 the United States or of this State by force or violence." 24 (Source: P.A. 92-73, eff. 1-1-02.) 25 (20 ILCS 3305/23) SB2322 - 49 - LRB104 12191 BDA 22295 b SB2322- 50 -LRB104 12191 BDA 22295 b SB2322 - 50 - LRB104 12191 BDA 22295 b SB2322 - 50 - LRB104 12191 BDA 22295 b 1 (Section scheduled to be repealed on January 1, 2032) 2 Sec. 23. Access and Functional Needs Advisory Committee. 3 (a) In this Section, "Advisory Committee" means the Access 4 and Functional Needs Advisory Committee. 5 (b) The Access and Functional Needs Advisory Committee is 6 created. 7 (c) The Advisory Committee shall: 8 (1) Coordinate meetings occurring, at a minimum, 3 9 times each year, in addition to emergency meetings called 10 by the chairperson of the Advisory Committee. 11 (2) Research and provide recommendations for 12 identifying and effectively responding to the needs of 13 persons with access and functional needs before, during, 14 and after a disaster using an intersectional lens for 15 equity. 16 (3) Provide recommendations to the Illinois Emergency 17 Management Agency regarding how to ensure that persons 18 with a disability are included in disaster strategies and 19 emergency management plans, including updates and 20 implementation of disaster strategies and emergency 21 management plans. 22 (4) Review and provide recommendations for the 23 Illinois Emergency Management Agency, and all relevant 24 State agencies that are involved in drafting and 25 implementing the Illinois Emergency Operation Plan, to 26 integrate access and functional needs into State and local SB2322 - 50 - LRB104 12191 BDA 22295 b SB2322- 51 -LRB104 12191 BDA 22295 b SB2322 - 51 - LRB104 12191 BDA 22295 b SB2322 - 51 - LRB104 12191 BDA 22295 b 1 emergency plans. 2 (d) The Advisory Committee shall be composed of the 3 Director of the Illinois Emergency Management Agency or his or 4 her designee, the Attorney General or his or her designee, the 5 Secretary of Human Services or his or her designee, the 6 Director of Aging or his or her designee, and the Director of 7 Public Health or his or her designee, together with the 8 following members appointed by the Governor on or before 9 January 1, 2022: 10 (1) Two members, either from a municipal or 11 county-level emergency agency or a local emergency 12 management coordinator. 13 (2) Nine members from the community of persons with a 14 disability who represent persons with different types of 15 disabilities, including, but not limited to, individuals 16 with mobility and physical disabilities, hearing and 17 visual disabilities, deafness or who are hard of hearing, 18 blindness or who have low vision, mental health 19 disabilities, and intellectual or developmental 20 disabilities. Members appointed under this paragraph shall 21 reflect a diversity of age, gender, race, and ethnic 22 background. 23 (3) Four members who represent first responders from 24 different geographical regions around the State. 25 (e) Of those members appointed by the Governor, the 26 initial appointments of 6 members shall be for terms of 2 years SB2322 - 51 - LRB104 12191 BDA 22295 b SB2322- 52 -LRB104 12191 BDA 22295 b SB2322 - 52 - LRB104 12191 BDA 22295 b SB2322 - 52 - LRB104 12191 BDA 22295 b 1 and the initial appointments of 5 members shall be for terms of 2 4 years. Thereafter, members shall be appointed for terms of 4 3 years. A member shall serve until his or her successor is 4 appointed and qualified. If a vacancy occurs in the Advisory 5 Committee membership, the vacancy shall be filled in the same 6 manner as the original appointment for the remainder of the 7 unexpired term. 8 (f) After all the members are appointed, and annually 9 thereafter, they shall elect a chairperson from among the 10 members appointed under paragraph (2) of subsection (d). 11 (g) The initial meeting of the Advisory Committee shall be 12 convened by the Director of the Illinois Emergency Management 13 Agency no later than February 1, 2022. 14 (h) Advisory Committee members shall serve without 15 compensation. 16 (i) The Illinois Emergency Management Agency shall provide 17 administrative support to the Advisory Committee. 18 (j) The Advisory Committee shall prepare and deliver a 19 report to the General Assembly, the Governor's Office, and the 20 Illinois Emergency Management Agency by July 1, 2022, and 21 annually thereafter. The report shall include the following: 22 (1) Identification of core emergency management 23 services that need to be updated or changed to ensure the 24 needs of persons with a disability are met, and shall 25 include disaster strategies in State and local emergency 26 plans. SB2322 - 52 - LRB104 12191 BDA 22295 b SB2322- 53 -LRB104 12191 BDA 22295 b SB2322 - 53 - LRB104 12191 BDA 22295 b SB2322 - 53 - LRB104 12191 BDA 22295 b 1 (2) Any proposed changes in State policies, laws, 2 rules, or regulations necessary to fulfill the purposes of 3 this Act. 4 (3) Recommendations on improving the accessibility and 5 effectiveness of disaster and emergency communication. 6 (4) Recommendations on comprehensive training for 7 first responders and other frontline workers when working 8 with persons with a disability during emergency situations 9 or disasters, as defined in Section 4 of the Illinois 10 Emergency Management and Homeland Security Agency Act. 11 (5) Any additional recommendations regarding emergency 12 management and persons with a disability that the Advisory 13 Committee deems necessary. 14 (k) The annual report prepared and delivered under 15 subsection (j) shall be annually considered by the Illinois 16 Emergency Management Agency when developing new State and 17 local emergency plans or updating existing State and local 18 emergency plans. 19 (l) The Advisory Committee is dissolved and this Section 20 is repealed on January 1, 2032. 21 (Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21; 22 103-154, eff. 6-30-23.) 23 (20 ILCS 3305/24 new) 24 Sec. 24. Illinois Homeland Security Advisory Council 25 (IL-HSAC). SB2322 - 53 - LRB104 12191 BDA 22295 b SB2322- 54 -LRB104 12191 BDA 22295 b SB2322 - 54 - LRB104 12191 BDA 22295 b SB2322 - 54 - LRB104 12191 BDA 22295 b 1 (a) There shall be created an Illinois Homeland Security 2 Advisory Council (IL-HSAC). 3 (b) The IL-HSAC shall report directly to the Homeland 4 Security Advisor who shall serve as the chairperson and submit 5 an annual report to the Governor by March of each year. The 6 report shall detail the activities, accomplishments, and 7 recommendations of the IL-HSAC in the preceding year. 8 (c) The Agency shall provide administrative support for 9 the IL-HSAC. 10 (d) Entities may be appointed to IL-HSAC by the Governor. 11 (e) The duties of IL-HSAC shall be as follows: 12 (1) Develops and provides recommendations regarding 13 the State's domestic terrorism preparedness strategy. 14 (2) Seeks appropriate input from federal agencies, 15 including, but not limited to, the United States 16 Department of Justice, the Federal Bureau of 17 Investigation, the Federal Emergency Management Agency, 18 the United States Department of Health and Human Services, 19 and the United States Department of Homeland Security. 20 (3) Serves as the Illinois Senior Advisory Committee 21 (SAC) with respect to funds received through the federal 22 Homeland Security Grant Program. In that capacity, the 23 IL-HSAC shall provide recommendations to the Agency and to 24 the Homeland Security Advisor on issues related to the 25 application for and use of all appropriate federal funding 26 that relates to preventing, protecting against, SB2322 - 54 - LRB104 12191 BDA 22295 b SB2322- 55 -LRB104 12191 BDA 22295 b SB2322 - 55 - LRB104 12191 BDA 22295 b SB2322 - 55 - LRB104 12191 BDA 22295 b 1 mitigating, responding to, and recovering from acts of 2 terrorism and other threats. 3 (4) Provides recommendations to the Agency and to the 4 Homeland Security Advisor on the following: 5 (A) Appropriate training of local, regional and 6 State officials to respond to terrorist incidents 7 involving conventional, chemical, biological and/or 8 nuclear weapons. 9 (B) Issues related to the application for and use 10 of all appropriate State and other funds as may be 11 appropriate and available relating to homeland 12 security. 13 (C) Issues relating to public safety preparedness 14 and mutual aid to include strategies and tactics to 15 coordinate multi-agency response to significant 16 events, act of terrorism or natural disasters where 17 coordination of local, state and private resources is 18 necessary. 19 (D) Coordination of public safety resources and 20 combating terrorism in Illinois. 21 (E) Any changes needed in State statutes, 22 administrative regulations, or in the Illinois 23 Emergency Operations Plan. 24 (20 ILCS 3305/26 new) 25 Sec. 26. Illinois Cybersecurity Commission. SB2322 - 55 - LRB104 12191 BDA 22295 b SB2322- 56 -LRB104 12191 BDA 22295 b SB2322 - 56 - LRB104 12191 BDA 22295 b SB2322 - 56 - LRB104 12191 BDA 22295 b 1 (a) There shall be created an Illinois Cybersecurity 2 Commission. 3 (b) The Commission shall report directly to the Homeland 4 Security Advisor who shall serve as chairperson. The Deputy 5 Director of Homeland Security as indicated in subsection 6 5(d)(B)(i) shall serve as chairperson in the absence of the 7 Homeland Security Advisor. 8 (c) The chairperson shall submit a report to the Governor 9 by December of each calendar year detailing the activities, 10 accomplishments, and recommendations of the Commission. 11 (d) The Commission shall be comprised of the following 12 members: 13 (1) Voting Members: 14 (A) The Governor's Homeland Security Advisor or 15 Deputy Homeland Security Advisor; 16 (B) The Director of the Illinois Emergency 17 Management Agency and Office of Homeland Security, or 18 his or her designee; 19 (C) The Chief Information Security Officer of the 20 Illinois Department of Innovation and Technology, or 21 his or her designee; 22 (D) The Illinois Attorney General, or his or her 23 designee; 24 (E) The Adjutant General of the Illinois National 25 Guard, or his or her designee; 26 (F) The Director of the Illinois State Police, or SB2322 - 56 - LRB104 12191 BDA 22295 b SB2322- 57 -LRB104 12191 BDA 22295 b SB2322 - 57 - LRB104 12191 BDA 22295 b SB2322 - 57 - LRB104 12191 BDA 22295 b 1 his or her designee; 2 (G) The Chairman of the Illinois Commerce 3 Commission, or his or her designee; 4 (H) The Director of the Illinois Department of 5 Commerce and Economic Opportunity, or his or her 6 designee; 7 (I) The Director of the Illinois Department of 8 Revenue, or his or her designee; and 9 (J) A representative of the Office of the 10 Governor. 11 (2) Non-Voting Members: 12 (A) One representative representing the 13 Information Technology Sector; 14 (B) One representative representing the 15 Communications Sector; 16 (C) One representative representing the Defense 17 Industrial Base Sector; 18 (D) One representative representing the Energy 19 Sector; 20 (E) One representative representing the Financial 21 Services Sector; 22 (F) One representative representing the Healthcare 23 and Public Health Sector; and 24 (G) One representative representing the Water and 25 Wastewater Systems Sector. 26 (H) The Commission may also include as non-voting SB2322 - 57 - LRB104 12191 BDA 22295 b SB2322- 58 -LRB104 12191 BDA 22295 b SB2322 - 58 - LRB104 12191 BDA 22295 b SB2322 - 58 - LRB104 12191 BDA 22295 b 1 members: 2 (i) A cybersecurity expert from the Chicago or 3 Springfield field office of the Federal Bureau of 4 Investigation; and 5 (ii) Two cybersecurity experts from the United 6 States Department of Homeland Security, as 7 follows: 8 (I) One cybersecurity expert from the 9 Region 5 Office of the Cybersecurity and 10 Infrastructure Security Agency; and 11 (II) One cybersecurity expert from the 12 Chicago Field Office of the United States 13 Secret Service. 14 (3) Advisory Members: 15 (A) A representative from the Statewide 16 Intelligence Center (STIC); and 17 (B) The Commission may appoint additional advisory 18 members from both the public and private sectors that 19 will provide subject matter expertise. 20 With the exception of the STIC representative, all 21 advisory members shall be approved by a majority of the 22 voting members. 23 (e) The duties and responsibilities of the Commission 24 shall be as follows: 25 (1) Builds and enhances cyber awareness and training 26 for private sector critical infrastructure entities, SB2322 - 58 - LRB104 12191 BDA 22295 b SB2322- 59 -LRB104 12191 BDA 22295 b SB2322 - 59 - LRB104 12191 BDA 22295 b SB2322 - 59 - LRB104 12191 BDA 22295 b 1 including education opportunities on ways to prevent 2 cybersecurity attacks and protect personal information; 3 (2) Develops practices, processes, and the overall 4 planning procedures required to protect valuable 5 information, resources, and services, including 6 identifying and disrupting cyber-attacks, improving and 7 expanding statewide security incident response 8 capabilities, and promoting and facilitating cross sector 9 and community training and exercise scenarios for private 10 sector critical infrastructure partners to secure critical 11 systems that serve the public; 12 (3) Develops best practices to help private sector 13 critical infrastructure organizations make risk-based 14 decisions for improving cybersecurity; and 15 (4) Creates and expands partnerships with critical 16 infrastructure sectors to foster continual learning and 17 information sharing, ensuring the safety and resiliency of 18 digital infrastructure and the promoting of 19 identification, evaluation, and information sharing on 20 threats and vulnerabilities impacting the State. 21 (20 ILCS 3305/27 new) 22 Sec. 27. Statewide Interoperability Coordinator (SWIC). 23 (a) As part of the Agency's Office of Homeland Security, 24 there shall be a position created for the Statewide 25 Interoperability Coordinator (SWIC). SB2322 - 59 - LRB104 12191 BDA 22295 b SB2322- 60 -LRB104 12191 BDA 22295 b SB2322 - 60 - LRB104 12191 BDA 22295 b SB2322 - 60 - LRB104 12191 BDA 22295 b 1 (b) The duties and responsibilities of the SWIC shall be 2 as follows: 3 (1) Serves as the central coordination point for the 4 State's communications interoperability and assists with 5 mediation between State and local agencies to achieve an 6 interoperable communications system; 7 (2) Develops and disseminates best practices for 8 public safety communications interoperability; 9 (3) Advises the Homeland Security Advisor and Deputy 10 Director of the Agency's Office of Homeland Security on 11 public safety communications interoperability; 12 (4) Serves as a member of the Statewide 13 Interoperability Executive Committee (SIEC) or its 14 successor entity and may act on behalf of the SIEC; 15 (5) Recommends regulatory changes relating to 16 telecommunications and the continuation of rapid and 17 efficient communications during a disaster; 18 (6) Identifies funding opportunities for planned 19 interoperability improvements and coordinates efforts to 20 provide funding; 21 (7) Advises on the issuance of grants for 22 interoperability communication systems; 23 (8) Engages stakeholders to coordinate the Statewide 24 Communications Interoperability Plan (SCIP); 25 (9) Represents the State in national, regional, and 26 local efforts to plan and implement changes needed to SB2322 - 60 - LRB104 12191 BDA 22295 b SB2322- 61 -LRB104 12191 BDA 22295 b SB2322 - 61 - LRB104 12191 BDA 22295 b SB2322 - 61 - LRB104 12191 BDA 22295 b SB2322 - 61 - LRB104 12191 BDA 22295 b