Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2322 Latest Draft

Bill / Introduced Version Filed 02/07/2025

                            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.
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A BILL FOR
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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.
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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



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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.)

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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1  toxic agent that poses a significant risk of
2  substantial future harm to a large number of people in
3  the affected population.
4  "Statewide mutual aid organization" means an entity with
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

 

 

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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,

 

 

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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

 

 

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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:

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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.

 

 

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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,

 

 

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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:

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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,

 

 

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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

 

 

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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'

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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,

 

 

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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,

 

 

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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)

 

 

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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

 

 

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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

 

 

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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.

 

 

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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).

 

 

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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,

 

 

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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.

 

 

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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

 

 

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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

 

 

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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,

 

 

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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).

 

 

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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

 

 

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