Sen. Mike Porfirio

Filed: 5/24/2024

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1 AMENDMENT TO SENATE BILL 3240

2 AMENDMENT NO. ______. Amend Senate Bill 3240 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Civil Administrative Code of Illinois is

5 amended by changing Sections 5-15, 5-20, and 5-160 and by

6 adding Section 5-425 as follows:

7 (20 ILCS 5/5-15) (was 20 ILCS 5/3)

8 Sec. 5-15. Departments of State government. The

9 Departments of State government are created as follows:

10 The Department on Aging.

11 The Department of Agriculture.

12 The Department of Central Management Services.

13 The Department of Children and Family Services.

14 The Department of Commerce and Economic Opportunity.

15 The Department of Corrections.

16 The Department of Employment Security.

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1 The Illinois Emergency Management Agency and Office of

2 Homeland Security.

3 The Department of Financial and Professional Regulation.

4 The Department of Healthcare and Family Services.

5 The Department of Human Rights.

6 The Department of Human Services.

7 The Department of Innovation and Technology.

8 The Department of Insurance.

9 The Department of Juvenile Justice.

10 The Department of Labor.

11 The Department of the Lottery.

12 The Department of Natural Resources.

13 The Department of Public Health.

14 The Department of Revenue.

15 The Illinois State Police.

16 The Department of Transportation.

17 The Department of Veterans' Affairs.

18 (Source: P.A. 102-538, eff. 8-20-21.)

19 (20 ILCS 5/5-20) (was 20 ILCS 5/4)

20 Sec. 5-20. Heads of departments. Each department shall

21 have an officer as its head who shall be known as director or

22 secretary and who shall, subject to the provisions of the

23 Civil Administrative Code of Illinois, execute the powers and

24 discharge the duties vested by law in his or her respective

25 department.

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1 The following officers are hereby created:

2 Director of Aging, for the Department on Aging.

3 Director of Agriculture, for the Department of

4 Agriculture.

5 Director of Central Management Services, for the

6 Department of Central Management Services.

7 Director of Children and Family Services, for the

8 Department of Children and Family Services.

9 Director of Commerce and Economic Opportunity, for the

10 Department of Commerce and Economic Opportunity.

11 Director of Corrections, for the Department of

12 Corrections.

13 Director of the Illinois Emergency Management Agency and

14 Office of Homeland Security, for the Illinois Emergency

15 Management Agency and Office of Homeland Security.

16 Director of Employment Security, for the Department of

17 Employment Security.

18 Secretary of Financial and Professional Regulation, for

19 the Department of Financial and Professional Regulation.

20 Director of Healthcare and Family Services, for the

21 Department of Healthcare and Family Services.

22 Director of Human Rights, for the Department of Human

23 Rights.

24 Secretary of Human Services, for the Department of Human

25 Services.

26 Secretary of Innovation and Technology, for the Department

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1 of Innovation and Technology.

2 Director of Insurance, for the Department of Insurance.

3 Director of Juvenile Justice, for the Department of

4 Juvenile Justice.

5 Director of Labor, for the Department of Labor.

6 Director of the Lottery, for the Department of the

7 Lottery.

8 Director of Natural Resources, for the Department of

9 Natural Resources.

10 Director of Public Health, for the Department of Public

11 Health.

12 Director of Revenue, for the Department of Revenue.

13 Director of the Illinois State Police, for the Illinois

14 State Police.

15 Secretary of Transportation, for the Department of

16 Transportation.

17 Director of Veterans' Affairs, for the Department of

18 Veterans' Affairs.

19 (Source: P.A. 102-538, eff. 8-20-21.)

20 (20 ILCS 5/5-160) (was 20 ILCS 5/5.13h)

21 Sec. 5-160. In the Illinois Emergency Management Agency

22 and Office of Homeland Security. Assistant Director of the

23 Emergency Management Agency and Office of Homeland Security.

24 (Source: P.A. 93-1029, eff. 8-25-04.)

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1 (20 ILCS 5/5-425 new)

2 Sec. 5-425. In the Illinois Emergency Management Agency

3 and Office of Homeland Security. For terms beginning on or

4 after January 16, 2023, the Director shall receive an annual

5 salary of $180,000 or as set by the Governor, whichever is

6 higher. On July 1, 2023, and on each July 1 thereafter, the

7 Director shall receive an increase in salary based on a cost of

8 living adjustment as authorized by Senate Joint Resolution 192

9 of the 86th General Assembly.

10 For terms beginning on or after January 16, 2023, the

11 Assistant Director of the Illinois Emergency Management Agency

12 and Office of Homeland Security shall receive an annual salary

13 of $156,600 or as set by the Governor, whichever is higher. On

14 July 1, 2023, and on each July 1 thereafter, the Assistant

15 Director shall receive an increase in salary based on a cost of

16 living adjustment as authorized by Senate Joint Resolution 192

17 of the 86th General Assembly.

18 Section 10. The Military Code of Illinois is amended by

19 adding Section 29.1 as follows:

20 (20 ILCS 1805/29.1 new)

21 Sec. 29.1. Creation of Illinois Cyber Auxiliary Force.

22 (a) The Governor may organize and maintain within this

23 State, on a reserve basis, a volunteer civilian cybersecurity

24 auxiliary force, known as the Illinois Cyber Auxiliary Force

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1 (ICAF), that is capable of being expanded and trained to

2 educate and protect from cyber incidents State, county, and

3 local government entities and critical infrastructure,

4 including election systems, businesses, and the citizens of

5 this State. In the case of a disaster proclaimed by the

6 Governor, or caused by illicit actors or imminent danger, the

7 Governor, as Commander-in-Chief, shall expand the ICAF as the

8 exigency of the occasion requires.

9 (b) The ICAF shall be operated as an interagency effort

10 between the Department of Military Affairs (IDMA), the

11 Illinois Emergency Management Agency and Office of Homeland

12 Security (IEMA-OHS), and the Department of Innovation and

13 Technology (DoIT).

14 (1) IEMA-OHS shall have oversight of the entire

15 program and act as the lead agency for the ICAF for mission

16 and project development. The Homeland Security Advisor

17 shall be the final approval for ICAF missions. IEMA-OHS

18 shall be responsible for the evaluation and exercising of

19 the ICAF.

20 (2) DoIT shall evaluate threats and recommend missions

21 to the Homeland Security Advisor. DoIT shall develop

22 standards and training for ICAF members, while ensuring

23 their training and credentials meet mission requirements.

24 DoIT cyber navigators may provide liaison support to the

25 ICAF.

26 (3) IDMA shall focus on recruiting, manning, and

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1 mission assignments. IDMA shall provide key sustainment

2 requirements, such as pay and reimbursement for missions

3 utilizing existing State Active Duty systems and

4 processes. The Adjutant General, in cooperation with the

5 Homeland Security Advisor, shall request activation of

6 ICAF for cyber incident response. IDMA shall stock and

7 issue uniform articles as required.

8 (c) Appropriate training shall be provided to current and

9 potential members of the ICAF. While performing training and

10 other volunteer duties such as public engagement, current and

11 potential auxiliary members shall serve in an unpaid volunteer

12 status.

13 (d) The ICAF shall use funds appropriated by the General

14 Assembly for the actual and necessary expenses incurred by the

15 ICAF for administration, training, and deployment of the ICAF,

16 at the discretion of the Director of IEMA-OHS or the

17 Director's designee. Expenses for administration, training,

18 and deployment may include, but are not limited to, permanent

19 or temporary State employees or contractual internal or

20 external administrative staff, travel, and subsistence

21 expenses, the purchase or rental of equipment and hardware,

22 and local operational support.

23 (e) The Director of IEMA-OHS shall adopt rules consistent

24 with the provisions of law governing the membership,

25 organization, administration, equipment, and maintenance of

26 the ICAF.

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1 (f) ICAF members may not be called or ordered into the

2 military service of the United States.

3 (g) No person shall be accepted into the ICAF who is not a

4 United States national or a lawful permanent resident.

5 Applicants shall be subject to an appropriate background

6 check, in accordance with rules adopted by the Director of

7 IEMA-OHS, before admittance into the ICAF. Notwithstanding any

8 other provision of this Code, no person shall be disqualified

9 from acceptance into the ICAF on the basis that the person is

10 an employee of the State or a political subdivision of the

11 State, or an employee or proprietor of a private entity that

12 conducts business with the State or a political subdivision of

13 the State.

14 (h) The Director of IEMA-OHS may accept the resignation of

15 any ICAF member at any time. ICAF members serve at the pleasure

16 of the Governor and may be removed from the auxiliary in

17 accordance with adopted rules. The Director of IEMA-OHS may

18 require reimbursement for training, equipment, and uniforms if

19 an ICAF member does not serve the full term of the member's

20 membership agreement and the member's inability to serve out

21 the term of the membership agreement was not due to a

22 disability or a similar disabling medical condition.

23 (i) The Governor, may authorize the Director of IEMA-OHS

24 to employ individuals or units of the ICAF as compensated

25 State employees using IDMA State Active Duty procedures to

26 protect State, county, and local government entities and

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1 critical infrastructure, including election systems, or for

2 training as the Governor determines necessary.

3 Section 15. The Illinois Emergency Management Agency Act

4 is amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 10, 12,

5 14, 18, 20, and 23 and by adding Sections 24 and 25 as follows:

6 (20 ILCS 3305/1) (from Ch. 127, par. 1051)

7 Sec. 1. Short Title. This Act may be cited as the IEMA-OHS

8 ~~Illinois Emergency Management Agency~~ Act.

9 (Source: P.A. 87-168.)

10 (20 ILCS 3305/2) (from Ch. 127, par. 1052)

11 Sec. 2. Policy and purposes ~~Purposes~~.

12 (a) Because of the possibility of the occurrence of

13 disasters of unprecedented size and destructiveness resulting

14 from the explosion in this or in neighboring states of atomic

15 or other means from without or by means of sabotage or other

16 disloyal actions within, or from fire, flood, earthquake,

17 telecommunications failure, or other natural or technological

18 causes, and in order to insure that this State will be prepared

19 to and will adequately deal with any disasters, preserve the

20 lives and property of the people of this State and protect the

21 public peace, health, and safety in the event of a disaster, it

22 is found and declared to be necessary:

23 (1) To create a State emergency management and

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1 homeland security agency ~~an Illinois Emergency Management~~

2 ~~Agency~~ and to authorize emergency management and homeland

3 security programs within the political subdivisions of the

4 State.

5 (2) To confer upon the Governor and upon the principal

6 executive officer of the political subdivisions of the

7 State the powers provided herein.

8 (3) To provide for the rendering of mutual aid among

9 the political subdivisions and taxing districts of the

10 State and with other states and with respect to the

11 carrying out of ~~an~~ emergency management and homeland

12 security programs ~~program~~.

13 (b) It is further declared to be the purpose of this Act

14 and the policy of the State that all emergency management and

15 homeland security programs of this State be coordinated to the

16 maximum extent with the comparable programs of the federal

17 government, including its various departments and agencies, of

18 other states and localities and private agencies of every

19 type, to the end that the most effective preparation and use

20 may be made of the nation's resources and facilities for

21 dealing with any disaster that may occur.

22 (Source: P.A. 87-168; 88-606, eff. 1-1-95.)

23 (20 ILCS 3305/4) (from Ch. 127, par. 1054)

24 Sec. 4. Definitions. As used in this Act, unless the

25 context clearly indicates otherwise, the following words and

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1 terms have the meanings ascribed to them in this Section:

2 "Agency" or "IEMA-OHS" means the Illinois Emergency

3 Management Agency and Office of Homeland Security.

4 "Coordinator" means the staff assistant to the principal

5 executive officer of a political subdivision with the duty of

6 coordinating the emergency management programs of that

7 political subdivision.

8 "Cyber incident" means an event occurring on or conducted

9 through a computer network that actually or imminently

10 jeopardizes the integrity, confidentiality, or availability of

11 computers, information, or communications systems or networks,

12 physical or virtual infrastructure controlled by computers or

13 information systems, or information resident thereon that

14 affect or control infrastructure or communications networks

15 utilized by the public. "Cyber incident" includes a

16 vulnerability in information systems, system security

17 procedures, internal controls, or implementations that could

18 be exploited by a threat source that affect or control

19 infrastructure or communications networks utilized by the

20 public.

21 "Director" means the Director of the Illinois Emergency

22 Management Agency and Office of Homeland Security.

23 "Disaster" means an occurrence or threat of widespread or

24 severe damage, injury , or loss of life or property resulting

25 from any natural, technological, or human cause, including,

26 but not limited to fire, flood, earthquake, wind, storm,

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1 hazardous materials spill or other water contamination

2 requiring emergency action to avert danger or damage,

3 epidemic, air contamination, blight, extended periods of

4 severe and inclement weather, drought, infestation, critical

5 shortages of essential fuels and energy, explosion, riot,

6 hostile military or paramilitary action, public health

7 emergencies, cyber incidents, or acts of domestic terrorism.

8 "Emergency management ~~Management~~" means the efforts of the

9 State and the political subdivisions to develop, plan,

10 analyze, conduct, provide, implement, and maintain programs

11 for disaster mitigation, preparedness, response, and recovery.

12 "Emergency Services and Disaster Agency" means the agency

13 by this name, by the name Emergency Management Agency, or by

14 any other name that is established by ordinance within a

15 political subdivision to coordinate the emergency management

16 program within that political subdivision and with private

17 organizations, other political subdivisions, the State, and

18 federal governments.

19 "Emergency operations plan ~~Operations Plan~~" means the

20 written plan of the State and political subdivisions

21 describing the organization, mission, and functions of the

22 government and supporting services for responding to and

23 recovering from disasters and shall include plans that take

24 into account the needs of those individuals with household

25 pets and service animals following a major disaster or

26 emergency.

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1 "Emergency services ~~Services~~" means the coordination of

2 functions by the State and its political subdivisions

3 ~~subdivision~~, other than functions for which military forces

4 are primarily responsible, as may be necessary or proper to

5 prevent, minimize, repair, and alleviate injury and damage

6 resulting from any natural or technological causes. These

7 functions include, without limitation, fire fighting services,

8 police services, emergency aviation services, medical and

9 health services, HazMat and technical rescue teams, rescue,

10 engineering, warning services, communications, radiological,

11 chemical and other special weapons defense, evacuation of

12 persons from stricken or threatened areas, emergency assigned

13 functions of plant protection, temporary restoration of public

14 utility services, and other functions related to civilian

15 protection, together with all other activities necessary or

16 incidental to protecting life or property.

17 "Exercise" means an event or activity delivered through

18 discussion or action to develop, assess, or validate

19 capabilities to achieve planned objectives. ~~a planned event~~

20 ~~realistically simulating a disaster, conducted for the purpose~~

21 ~~of evaluating the political subdivision's coordinated~~

22 ~~emergency management capabilities, including, but not limited~~

23 ~~to, testing the emergency operations plan.~~

24 "HazMat team" means a career or volunteer mobile support

25 team that has been authorized by a unit of local government to

26 respond to hazardous materials emergencies and that is

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1 primarily designed for emergency response to chemical or

2 biological terrorism, radiological emergencies, hazardous

3 material spills, releases, or fires, or other contamination

4 events.

5 "Illinois Emergency Management Agency and Office of

6 Homeland Security" or "Agency" means the agency established by

7 this Act within the executive branch of State Government

8 responsible for coordination of the overall emergency

9 management and homeland security programs ~~program~~ of the State

10 and with private organizations, political subdivisions, and

11 the federal government. "Illinois Emergency Management Agency

12 and Office of Homeland Security" also means the State

13 Emergency Response Commission responsible for the

14 implementation of Title III of the Superfund Amendments and

15 Reauthorization Act of 1986.

16 "Interoperable communications" means communications,

17 including the exchange of voice data, and video on demand in

18 real time, by emergency response providers and relevant State

19 and local government agencies through a dedicated public

20 safety network using information technology systems and radio

21 communications systems.

22 "Mobile support team ~~Support Team~~" means a group of

23 individuals designated as a team by the Governor or Director

24 to train prior to and to be dispatched, if the Governor or the

25 Director so determines, to aid and reinforce the State and

26 political subdivision emergency management efforts in response

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1 to a disaster.

2 "Municipality" means any city, village, and incorporated

3 town.

4 "Political subdivision ~~Subdivision~~" means any county,

5 city, village, or incorporated town or township if the

6 township is in a county having a population of more than

7 2,000,000.

8 "Principal executive officer ~~Executive Officer~~" means

9 chair of the county board, supervisor of a township if the

10 township is in a county having a population of more than

11 2,000,000, mayor of a city or incorporated town, president of

12 a village, or in their absence or disability, the interim

13 successor as established under Section 7 of the Emergency

14 Interim Executive Succession Act.

15 "Public health emergency" means an occurrence or imminent

16 threat of an illness or health condition that:

17 (a) is believed to be caused by any of the following:

18 (i) bioterrorism;

19 (ii) the appearance of a novel or previously

20 controlled or eradicated infectious agent or

21 biological toxin;

22 (iii) a natural disaster;

23 (iv) a chemical attack or accidental release; or

24 (v) a nuclear attack or accident; and

25 (b) poses a high probability of any of the following

26 harms:

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1 (i) a large number of deaths in the affected

2 population;

3 (ii) a large number of serious or long-term

4 disabilities in the affected population; or

5 (iii) widespread exposure to an infectious or

6 toxic agent that poses a significant risk of

7 substantial future harm to a large number of people in

8 the affected population.

9 "Statewide mutual aid organization" means an entity with

10 local government members throughout the State that facilitates

11 temporary assistance through its members in a particular

12 public safety discipline, such as police, fire, or emergency

13 management, when an occurrence exceeds a member jurisdiction's

14 capabilities.

15 "Technical rescue team" means a career or volunteer mobile

16 support team that has been authorized by a unit of local

17 government to respond to building collapse, high angle rescue,

18 and other specialized rescue emergencies and that is primarily

19 designated for emergency response to technical rescue events.

20 (Source: P.A. 102-485, eff. 8-20-21.)

21 (20 ILCS 3305/5) (from Ch. 127, par. 1055)

22 Sec. 5. Illinois Emergency Management Agency and Office of

23 Homeland Security.

24 (a) Establishment of the Illinois Emergency Management

25 Agency and Office of Homeland Security. There is created

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1 within the executive branch of the State Government an

2 Illinois Emergency Management Agency and Office of Homeland

3 Security and a Director of the Illinois Emergency Management

4 Agency and Office of Homeland Security, herein called the

5 "Director" who shall be the head of the Agency ~~thereof~~. The

6 Director shall be appointed by the Governor, with the advice

7 and consent of the Senate, and shall serve for a term of 2

8 years beginning on the third Monday in January of the

9 odd-numbered year, and until a successor is appointed and has

10 qualified~~; except that the term of the first Director~~

11 ~~appointed under this Act shall expire on the third Monday in~~

12 ~~January, 1989~~. The Director shall not hold any other

13 remunerative public office. ~~For terms beginning after January~~

14 ~~18, 2019 (the effective date of Public Act 100-1179) and~~

15 ~~before January 16, 2023, the annual salary of the Director~~

16 ~~shall be as provided in Section 5-300 of the Civil~~

17 ~~Administrative Code of Illinois. Notwithstanding any other~~

18 ~~provision of law, for terms beginning on or after January 16,~~

19 ~~2023, the Director shall receive an annual salary of $180,000~~

20 ~~or as set by the Governor, whichever is higher. On July 1,~~

21 ~~2023, and on each July 1 thereafter, the Director shall~~

22 ~~receive an increase in salary based on a cost of living~~

23 ~~adjustment as authorized by Senate Joint Resolution 192 of the~~

24 ~~86th General Assembly.~~

25 ~~For terms beginning on or after January 16, 2023, the~~

26 ~~Assistant Director of the Illinois Emergency Management Agency~~

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1 ~~shall receive an annual salary of $156,600 or as set by the~~

2 ~~Governor, whichever is higher. On July 1, 2023, and on each~~

3 ~~July 1 thereafter, the Assistant Director shall receive an~~

4 ~~increase in salary based on a cost of living adjustment as~~

5 ~~authorized by Senate Joint Resolution 192 of the 86th General~~

6 ~~Assembly.~~

7 (b) Agency personnel. The ~~Illinois Emergency Management~~

8 Agency shall obtain, under the provisions of the Personnel

9 Code, technical, clerical, stenographic, and other

10 administrative personnel, and may make expenditures within the

11 appropriation therefor as may be necessary to carry out the

12 purpose of this Act. ~~The agency created by this Act is intended~~

13 ~~to be a successor to the agency created under the Illinois~~

14 ~~Emergency Services and Disaster Agency Act of 1975 and the~~

15 ~~personnel, equipment, records, and appropriations of that~~

16 ~~agency are transferred to the successor agency as of June 30,~~

17 ~~1988 (the effective date of this Act).~~

18 (c) Responsibilities of the Director. The Director,

19 subject to the direction and control of the Governor, shall be

20 the executive head of the ~~Illinois Emergency Management~~ Agency

21 and the State Emergency Response Commission and shall be

22 responsible under the direction of the Governor, for carrying

23 out the programs ~~program~~ for emergency management, nuclear and

24 radiation safety, and homeland security of this State. The

25 Director shall also maintain liaison and cooperate with the

26 emergency management, nuclear and radiation safety, and

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1 homeland security organizations of this State and other states

2 and of the federal government.

3 (d) Local emergency operations planning. The ~~Illinois~~

4 ~~Emergency Management~~ Agency shall take an integral part in the

5 development and revision of political subdivision emergency

6 operations plans prepared under paragraph (f) of Section 10.

7 To this end it shall employ or otherwise secure the services of

8 professional and technical personnel capable of providing

9 expert assistance to the emergency services and disaster

10 agencies. These personnel shall consult with emergency

11 services and disaster agencies on a regular basis and shall

12 make field examinations of the areas, circumstances, and

13 conditions that particular political subdivision emergency

14 operations plans are intended to apply.

15 (e) Local Emergency Planning Committee. The ~~Illinois~~

16 ~~Emergency Management~~ Agency and political subdivisions shall

17 be encouraged to form an emergency management advisory

18 committee composed of private and public personnel

19 representing the emergency management phases of mitigation,

20 preparedness, response, and recovery. The Local Emergency

21 Planning Committee, as created under the Illinois Emergency

22 Planning and Community Right to Know Act, shall serve as an

23 advisory committee to the emergency services and disaster

24 agency or agencies serving within the boundaries of that Local

25 Emergency Planning Committee planning district for:

26 (1) the development of emergency operations plan

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1 provisions for hazardous chemical emergencies; and

2 (2) the assessment of emergency response capabilities

3 related to hazardous chemical emergencies.

4 (f) Emergency management responsibilities of the Agency.

5 The ~~Illinois Emergency Management~~ Agency shall:

6 (1) Coordinate the overall emergency management

7 program of the State.

8 (2) Cooperate with local governments, the federal

9 government, and any public or private agency or entity in

10 achieving any purpose of this Act and in implementing

11 emergency management programs for mitigation,

12 preparedness, response, and recovery.

13 (2.5) (Blank). ~~Develop a comprehensive emergency~~

14 ~~preparedness and response plan for any nuclear accident in~~

15 ~~accordance with Section 65 of the Nuclear Safety Law of~~

16 ~~2004 and in development of the Illinois Nuclear Safety~~

17 ~~Preparedness program in accordance with Section 8 of the~~

18 ~~Illinois Nuclear Safety Preparedness Act.~~

19 (2.6) Coordinate with the Department of Public Health

20 with respect to planning for and responding to public

21 health emergencies.

22 (3) Prepare, for issuance by the Governor, executive

23 orders, proclamations, and regulations as necessary or

24 appropriate in coping with disasters.

25 (4) Promulgate rules and requirements for political

26 subdivision emergency operations plans that are not

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1 inconsistent with and are at least as stringent as

2 applicable federal laws and regulations.

3 (5) Review and approve, in accordance with ~~Illinois~~

4 ~~Emergency Management~~ Agency rules, emergency operations

5 plans for those political subdivisions required to have an

6 emergency services and disaster agency pursuant to this

7 Act.

8 (5.5) Promulgate rules and requirements for the

9 political subdivision emergency management exercises,

10 including, but not limited to, exercises of the emergency

11 operations plans.

12 (5.10) Review, evaluate, and approve, in accordance

13 with ~~Illinois Emergency Management~~ Agency rules, political

14 subdivision emergency management exercises for those

15 political subdivisions required to have an emergency

16 services and disaster agency pursuant to this Act.

17 (6) Determine requirements of the State and its

18 political subdivisions for food, clothing, and other

19 necessities in event of a disaster.

20 (7) Establish a register of persons with types of

21 emergency management training and skills in mitigation,

22 preparedness, response, and recovery.

23 (8) Establish a register of government and private

24 response resources available for use in a disaster.

25 (9) Expand the Earthquake Awareness Program and its

26 efforts to distribute earthquake preparedness materials to

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1 schools, political subdivisions, community groups, civic

2 organizations, and the media. Emphasis will be placed on

3 those areas of the State most at risk from an earthquake.

4 Maintain the list of all school districts, hospitals,

5 airports, power plants, including nuclear power plants,

6 lakes, dams, emergency response facilities of all types,

7 and all other major public or private structures which are

8 at the greatest risk of damage from earthquakes under

9 circumstances where the damage would cause subsequent harm

10 to the surrounding communities and residents.

11 (10) Disseminate all information, completely and

12 without delay, on water levels for rivers and streams and

13 any other data pertaining to potential flooding supplied

14 by the Division of Water Resources within the Department

15 of Natural Resources to all political subdivisions to the

16 maximum extent possible.

17 (11) Develop agreements, if feasible, with medical

18 supply and equipment firms to supply resources as are

19 necessary to respond to an earthquake or any other

20 disaster as defined in this Act. These resources will be

21 made available upon notifying the vendor of the disaster.

22 Payment for the resources will be in accordance with

23 Section 7 of this Act. The Illinois Department of Public

24 Health shall determine which resources will be required

25 and requested.

26 (11.5) In coordination with the Illinois State Police,

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1 develop and implement a community outreach program to

2 promote awareness among the State's parents and children

3 of child abduction prevention and response.

4 (12) Out of funds appropriated for these purposes,

5 award capital and non-capital grants to Illinois hospitals

6 or health care facilities located outside of a city with a

7 population in excess of 1,000,000 to be used for purposes

8 that include, but are not limited to, preparing to respond

9 to mass casualties and disasters, maintaining and

10 improving patient safety and quality of care, and

11 protecting the confidentiality of patient information. No

12 single grant for a capital expenditure shall exceed

13 $300,000. No single grant for a non-capital expenditure

14 shall exceed $100,000. In awarding such grants, preference

15 shall be given to hospitals that serve a significant

16 number of Medicaid recipients, but do not qualify for

17 disproportionate share hospital adjustment payments under

18 the Illinois Public Aid Code. To receive such a grant, a

19 hospital or health care facility must provide funding of

20 at least 50% of the cost of the project for which the grant

21 is being requested. In awarding such grants, the ~~Illinois~~

22 ~~Emergency Management~~ Agency shall consider the

23 recommendations of the Illinois Hospital Association.

24 (13) (Blank). ~~Do all other things necessary,~~

25 ~~incidental or appropriate for the implementation of this~~

26 ~~Act.~~

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1 (g) School and campus grants. The ~~Illinois Emergency~~

2 ~~Management~~ Agency is authorized to make grants to various

3 higher education institutions, public K-12 school districts,

4 area vocational centers as designated by the State Board of

5 Education, inter-district special education cooperatives,

6 regional safe schools, and nonpublic K-12 schools for safety

7 and security improvements. For the purpose of this subsection

8 (g), "higher education institution" means a public university,

9 a public community college, or an independent, not-for-profit

10 or for-profit higher education institution located in this

11 State. Grants made under this subsection (g) shall be paid out

12 of moneys appropriated for that purpose from the Build

13 Illinois Bond Fund. The ~~Illinois Emergency Management~~ Agency

14 shall adopt rules to implement this subsection (g). These

15 rules may specify: (1) ~~(i)~~ the manner of applying for grants;

16 (2) ~~(ii)~~ project eligibility requirements; (3) ~~(iii)~~

17 restrictions on the use of grant moneys; (4) ~~(iv)~~ the manner in

18 which the various higher education institutions must account

19 for the use of grant moneys; and (5) ~~(v)~~ any other provision

20 that the ~~Illinois Emergency Management~~ Agency determines to be

21 necessary or useful for the administration of this subsection

22 (g).

23 (g-5) State not-for-profit security grants. The ~~Illinois~~

24 ~~Emergency Management~~ Agency is authorized to make grants to

25 not-for-profit organizations which are exempt from federal

26 income taxation under section 501(c)(3) of the Federal

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1 Internal Revenue Code for eligible security improvements that

2 assist the organization in preventing, preparing for, or

3 responding to threats, attacks, or acts of terrorism. To be

4 eligible for a grant under the program, the Agency must

5 determine that the organization is at a high risk of being

6 subject to threats, attacks, or acts of terrorism based on the

7 organization's profile, ideology, mission, or beliefs.

8 Eligible security improvements shall include all eligible

9 preparedness activities under the federal Nonprofit Security

10 Grant Program, including, but not limited to, physical

11 security upgrades, security training exercises, preparedness

12 training exercises, contracting with security personnel, and

13 any other security upgrades deemed eligible by the Director.

14 Eligible security improvements shall not duplicate, in part or

15 in whole, a project included under any awarded federal grant

16 or in a pending federal application. The Director shall

17 establish procedures and forms by which applicants may apply

18 for a grant and procedures for distributing grants to

19 recipients. Any security improvements awarded shall remain at

20 the physical property listed in the grant application, unless

21 authorized by Agency rule or approved by the Agency in

22 writing. The procedures shall require each applicant to do the

23 following:

24 (1) identify and substantiate prior or current

25 threats, attacks, or acts of terrorism against the

26 not-for-profit organization;

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1 (2) indicate the symbolic or strategic value of one or

2 more sites that renders the site a possible target of a

3 threat, attack, or act of terrorism;

4 (3) discuss potential consequences to the organization

5 if the site is damaged, destroyed, or disrupted by a

6 threat, attack, or act of terrorism;

7 (4) describe how the grant will be used to integrate

8 organizational preparedness with broader State and local

9 preparedness efforts, as described by the Agency in each

10 Notice of Opportunity for Funding;

11 (5) submit (i) a vulnerability assessment conducted by

12 experienced security, law enforcement, or military

13 personnel, or conducted using an Agency-approved or

14 federal Nonprofit Security Grant Program self-assessment

15 tool, and (ii) a description of how the grant award will be

16 used to address the vulnerabilities identified in the

17 assessment; and

18 (6) submit any other relevant information as may be

19 required by the Director.

20 The Agency is authorized to use funds appropriated for the

21 grant program described in this subsection (g-5) to administer

22 the program.

23 Any Agency Notice of Opportunity for Funding, proposed or

24 final rulemaking, guidance, training opportunity, or other

25 resource related to the grant program must be published on the

26 Agency's publicly available website, and any announcements

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1 related to funding shall be shared with all State legislative

2 offices, the Governor's office, emergency services and

3 disaster agencies mandated or required pursuant to subsections

4 (b) through (d) of Section 10, and any other State agencies as

5 determined by the Agency. Subject to appropriation, the grant

6 application period shall be open for no less than 45 calendar

7 days during the first application cycle each fiscal year,

8 unless the Agency determines that a shorter period is

9 necessary to avoid conflicts with the annual federal Nonprofit

10 Security Grant Program funding cycle. Additional application

11 cycles may be conducted during the same fiscal year, subject

12 to availability of funds. Upon request, Agency staff shall

13 provide reasonable assistance to any applicant in completing a

14 grant application or meeting a post-award requirement.

15 (g-10) Homeland Security Advisor.

16 (1) A Homeland Security Advisor shall be appointed by

17 the Governor, by and with the advice and consent of the

18 Senate, shall report to the Governor. The Homeland

19 Security Advisor shall:

20 (A) advise the Governor or the Governor's

21 designees on matters of homeland security and

22 coordinate Illinois' homeland security and

23 preparedness efforts across all levels of government,

24 in order to protect the people and critical

25 infrastructure of Illinois;

26 (B) coordinate a uniform and cooperative

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1 statewide, strategic response to homeland security

2 threats as defined by, and in the sole discretion of,

3 the Governor;

4 (C) coordinate and provide policy recommendations

5 to the Governor and other State agencies on all

6 matters pertaining to homeland security;

7 (D) utilize the expertise and assistance of all

8 State agencies, commissions, and boards to carry out

9 their mission in support of the State's homeland

10 security efforts; each State agency, commission, or

11 board shall be required, to the extent not

12 inconsistent with law, to cooperate with the Homeland

13 Security Advisor; to facilitate a unified State

14 strategy on matters of homeland security, all State

15 agencies, boards, and commissions shall provide

16 briefings to the Homeland Security Advisor regularly

17 and upon request;

18 (E) serve as the State's primary liaison with all

19 federal agencies pertaining to homeland security

20 matters for the State;

21 (F) consistent with the United States Department

22 of Homeland Security standard operating procedures and

23 guidance, oversee and approve security clearance

24 requests for State personnel sent to the federal

25 government for final adjudication; coordinate with the

26 Illinois State Police on such clearance requests for

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1 law enforcement personnel; this subparagraph (F) shall

2 not apply to clearances issued by the Department of

3 Defense; and

4 (G) perform other duties related to homeland

5 security as directed by the Governor or the Governor's

6 designees.

7 (2) A Deputy Homeland Security Advisor, reporting to

8 the Homeland Security Advisor, shall be recommended by the

9 Homeland Security Advisor and appointed by the Governor by

10 and with the advice and consent of the Senate. The Deputy

11 Homeland Security Advisor shall:

12 (A) assume responsibilities of the Homeland

13 Security Advisor as needed or directed by the Governor

14 or Homeland Security Advisor;

15 (B) serve as the Deputy Director of the Office of

16 Homeland Security within the Agency;

17 (C) develop and execute the State's unified

18 homeland security strategy;

19 (D) serve as a representative of the Homeland

20 Security Advisor and the Agency's Office of Homeland

21 Security with all State agencies, commissions, and

22 boards for matters pertaining to homeland security;

23 and

24 (E) serve as a representative of the Homeland

25 Security Advisor and State with all federal agencies

26 for matters pertaining to homeland security.

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1 (3) The Homeland Security Advisor or Deputy Homeland

2 Security Advisor shall provide briefings to the Governor

3 and Lieutenant Governor as directed.

4 (4) The Agency shall coordinate with and provide

5 administrative support for the Homeland Security Advisor

6 and house the State's Office of Homeland Security. The

7 Director shall coordinate with the Homeland Security

8 Advisor to ensure the duties and actions of the Office of

9 Homeland Security are aligned with the State's homeland

10 security strategic goals and priorities.

11 (g-15) Homeland Security responsibilities of the Agency.

12 The Agency, through its Office of Homeland Security, shall:

13 (1) support the Homeland Security Advisor in the

14 administration and coordination of homeland security and

15 preparedness efforts across all levels of government to

16 protect the people and critical infrastructure of

17 Illinois;

18 (2) oversee, plan, and distribute State and federal

19 funding for homeland security on the basis of risk,

20 threat, and vulnerability to ensure the most effective use

21 of limited resources, and guarantee that funds are used

22 for appropriate and necessary purposes;

23 (3) review all proposed State legislation pertaining

24 to homeland security matters and report to the Homeland

25 Security Advisor about such proposed legislation; review

26 existing legislation and recommend modifications,

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1 amendments, or initiatives to support or enhance the

2 State's homeland security and preparedness capabilities;

3 (4) ensure the implementation of the strategic

4 response and policy recommendations of the Governor and

5 Homeland Security Advisor pertaining to all matters of

6 homeland security;

7 (5) coordinate with all State agencies, commissions,

8 and boards, regarding matters of homeland security;

9 (6) coordinate with the Illinois State Police to

10 provide the United States Department of Homeland Security

11 with relevant reporting metrics and data pertaining to the

12 State;

13 (7) develop, at the direction of the Homeland Security

14 Advisor, and in cooperation with the Illinois State Police

15 and other appropriate State agencies, appropriate

16 protocols, staffing, training, and equipment guidelines

17 for the weapons of mass destruction teams that the

18 Governor, or the Governor's designee, may deploy in the

19 event or threat of a disaster;

20 (8) lead the State's homeland security public

21 education and risk communication messaging; and

22 (9) adopt rules necessary for the implementation of

23 homeland security programs.

24 (g-20) Nuclear and radiation safety responsibilities of

25 the Agency. The Agency shall be responsible for nuclear and

26 radiation safety and shall:

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1 (1) exercise, administer, and enforce all rights,

2 powers, and duties for nuclear and radiation safety

3 authorized in the Nuclear Safety Law of 2004 or successor

4 statutes;

5 (2) develop a comprehensive emergency preparedness and

6 response plan for any nuclear accident in accordance with

7 Section 65 of the Nuclear Safety Law of 2004 and an

8 Illinois nuclear safety preparedness program in accordance

9 with Section 8 of the Illinois Nuclear Safety Preparedness

10 Act or successor statutes; and

11 (3) have the right to enter on public and private

12 property in order to take environmental samples for

13 response to a disaster that reasonably could have caused

14 radioactive contamination.

15 (h) Donations and sponsorships. Except as provided in

16 Section 17.5 of this Act, any moneys received by the Agency

17 from donations or sponsorships unrelated to a disaster shall

18 be deposited in the Emergency Planning and Training Fund and

19 used by the Agency, subject to appropriation, to effectuate

20 planning and training activities. Any moneys received by the

21 Agency from donations during a disaster and intended for

22 disaster response or recovery shall be deposited into the

23 Disaster Response and Recovery Fund and used for disaster

24 response and recovery pursuant to the Disaster Relief Act.

25 (i) Conference fees. The ~~Illinois Emergency Management~~

26 Agency may, by rule, assess and collect reasonable fees for

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1 attendance at Agency-sponsored conferences to enable the

2 Agency to carry out the requirements of this Act. Any moneys

3 received under this subsection shall be deposited in the

4 Emergency Planning and Training Fund and used by the Agency,

5 subject to appropriation, for planning and training

6 activities.

7 (j) Other grant-making powers. The ~~Illinois Emergency~~

8 ~~Management~~ Agency is authorized to make grants to other State

9 agencies, public universities, units of local government, and

10 statewide mutual aid organizations to enhance statewide

11 emergency preparedness and response.

12 (k) Agency's responsibility to implement and administer

13 the Act. The Agency shall do all other things necessary,

14 incidental, or appropriate for the implementation of this Act,

15 including the adoption of rules in accordance with the

16 Illinois Administrative Procedure Act.

17 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;

18 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.

19 1-1-24.)

20 (20 ILCS 3305/6) (from Ch. 127, par. 1056)

21 Sec. 6. Emergency management powers ~~Management Powers~~ of

22 the Governor.

23 (a) The Governor shall have general direction and control

24 of the ~~Illinois Emergency Management~~ Agency and shall be

25 responsible for the carrying out of the provisions of this

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1 Act.

2 (b) In performing duties under this Act, the Governor is

3 authorized to cooperate with the federal government and with

4 other states in all matters pertaining to emergency

5 management, nuclear and radiation safety, and homeland

6 security.

7 (c) In performing duties under this Act, the Governor is

8 further authorized:

9 (1) To make, amend, and rescind all lawful necessary

10 orders, rules, and regulations to carry out the provisions

11 of this Act within the limits of the authority conferred

12 upon the Governor.

13 (2) To cause to be prepared ~~a~~ comprehensive plans ~~plan~~

14 and programs ~~program~~ for the emergency management, nuclear

15 and radiation safety, and homeland security of this State,

16 which plans and programs ~~plan and program~~ shall be

17 integrated into and coordinated with emergency management,

18 nuclear and radiation safety, and homeland security plans

19 and programs of the federal government and of other states

20 whenever possible and which plans and programs ~~plan and~~

21 ~~program~~ may include:

22 a. Mitigation of injury and damage caused by

23 disaster.

24 b. Prompt and effective response to disaster.

25 c. Emergency relief.

26 d. Identification of areas particularly vulnerable

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1 to disasters.

2 e. Recommendations for zoning, building, and other

3 land-use controls, safety measures for securing

4 permanent structures, and other mitigation measures

5 designed to eliminate or reduce disasters or their

6 impact.

7 f. Assistance to political subdivisions in

8 designing emergency operations plans.

9 g. Authorization and procedures for the erection

10 or other construction of temporary works designed to

11 mitigate danger, damage, or loss from flood~~,~~ or other

12 disaster.

13 h. Preparation and distribution to the appropriate

14 State and political subdivision officials of a State

15 catalog of federal, State, and private assistance

16 programs.

17 i. Organization of State personnel and chains of

18 command.

19 j. Coordination of federal, State, and political

20 subdivision emergency management, nuclear and

21 radiation safety, and homeland security activities.

22 k. Other necessary matters.

23 (3) In accordance with the plans ~~plan~~ and programs

24 ~~program~~ for the emergency management, nuclear and

25 radiation safety, and homeland security of this State, and

26 out of funds appropriated for these purposes, to procure

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1 and preposition supplies, medicines, materials, and

2 equipment, to institute training programs and public

3 information programs, and to take all other preparatory

4 steps including the partial or full mobilization of

5 emergency services and disaster agencies in advance of

6 actual disaster to insure the furnishing of adequately

7 trained and equipped forces for disaster response and

8 recovery.

9 (4) Out of funds appropriated for these purposes, to

10 make studies and surveys of the industries, resources, and

11 facilities in this State as may be necessary to ascertain

12 the capabilities of the State for emergency management

13 phases of mitigation, preparedness, response, and recovery

14 and to plan for the most efficient emergency use thereof.

15 (5) On behalf of this State, to negotiate for and

16 submit to the General Assembly for its approval or

17 rejection reciprocal mutual aid agreements or compacts

18 with other states, either on a statewide or political

19 subdivision basis. The agreements or compacts~~,~~ shall be

20 limited to the furnishing or exchange of food, clothing,

21 medical, or other supplies; ~~,~~ engineering and police

22 services; emergency housing and feeding; National and

23 State Guards while under the control of the State; health,

24 medical, and related services; and fire fighting, rescue,

25 transportation, communication, and construction services

26 and equipment, provided, however, that if the General

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1 Assembly be not in session and the Governor has not

2 proclaimed the existence of a disaster under this Section,

3 then the agreements or compacts shall instead be submitted

4 to an Interim Committee on Emergency Management composed

5 of 5 Senators appointed by the President of the Senate and

6 of 5 Representatives appointed by the Speaker of the

7 House, during the month of June of each odd-numbered year

8 to serve for a 2-year ~~2 year~~ term, beginning July 1 of that

9 year, and until their successors are appointed and

10 qualified, or until termination of their legislative

11 service, whichever first occurs. Vacancies shall be filled

12 by appointment for the unexpired term in the same manner

13 as original appointments. All appointments shall be made

14 in writing and filed with the Secretary of State as a

15 public record. The Committee shall have the power to

16 approve or reject any agreements or compacts for and on

17 behalf of the General Assembly; and, provided further,

18 that an affirmative vote of 2/3 of the members of the

19 Committee shall be necessary for the approval of any

20 agreement or compact.

21 (Source: P.A. 92-73, eff. 1-1-02.)

22 (20 ILCS 3305/7) (from Ch. 127, par. 1057)

23 Sec. 7. Emergency powers ~~Powers~~ of the Governor. In the

24 event of a disaster, as defined in Section 4, the Governor may,

25 by proclamation, declare that a disaster exists. Upon such

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1 proclamation, the Governor shall have and may exercise for a

2 period not to exceed 30 days the following emergency powers;

3 provided, however, that the lapse of the emergency powers

4 shall not, as regards any act or acts occurring or committed

5 within the 30-day period, deprive any person, firm,

6 corporation, political subdivision, or body politic of any

7 right or rights to compensation or reimbursement which he,

8 she, it, or they may have under the provisions of this Act:

9 (1) To suspend the provisions of any regulatory

10 statute prescribing procedures for conduct of State

11 business, or the orders, rules, and regulations of any

12 State agency, if strict compliance with the provisions of

13 any statute, order, rule, or regulation would in any way

14 prevent, hinder, or delay necessary action, including

15 emergency purchases, by the ~~Illinois Emergency Management~~

16 Agency, in coping with the disaster.

17 (2) To utilize all available resources of the State

18 government as reasonably necessary to cope with the

19 disaster and of each political subdivision of the State.

20 (3) To transfer the direction, personnel, or functions

21 of State departments and agencies or units thereof for the

22 purpose of performing or facilitating disaster response

23 and recovery programs.

24 (4) On behalf of this State to take possession of, and

25 to acquire full title or a lesser specified interest in,

26 any personal property as may be necessary to accomplish

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1 the objectives set forth in Section 2 of this Act,

2 including: airplanes, automobiles, trucks, trailers,

3 buses, and other vehicles; coal, oils, gasoline, and other

4 fuels and means of propulsion; explosives, materials,

5 equipment, and supplies; animals and livestock; feed and

6 seed; food and provisions for humans and animals; clothing

7 and bedding; and medicines and medical and surgical

8 supplies; and to take possession of and for a limited

9 period occupy and use any real estate necessary to

10 accomplish those objectives; but only upon the undertaking

11 by the State to pay just compensation therefor as in this

12 Act provided, and then only under the following

13 provisions:

14 a. The Governor, or the person or persons as the

15 Governor may authorize so to do, may forthwith take

16 possession of property for and on behalf of the State;

17 provided, however, that the Governor or persons shall

18 simultaneously with the taking, deliver to the owner

19 or his or her agent, if the identity of the owner or

20 agency is known or readily ascertainable, a signed

21 statement in writing, that shall include the name and

22 address of the owner, the date and place of the taking,

23 description of the property sufficient to identify it,

24 a statement of interest in the property that is being

25 so taken, and, if possible, a statement in writing,

26 signed by the owner, setting forth the sum that he or

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1 she is willing to accept as just compensation for the

2 property or use. Whether or not the owner or agent is

3 known or readily ascertainable, a true copy of the

4 statement shall promptly be filed by the Governor or

5 the person with the Director, who shall keep the

6 docket of the statements. In cases where the sum that

7 the owner is willing to accept as just compensation is

8 less than $1,000, copies of the statements shall also

9 be filed by the Director with, and shall be passed upon

10 by an Emergency Management Claims Commission,

11 consisting of 3 disinterested citizens who shall be

12 appointed by the Governor, by and with the advice and

13 consent of the Senate, within 20 days after the

14 Governor's declaration of a disaster, and if the sum

15 fixed by them as just compensation be less than $1,000

16 and is accepted in writing by the owner, then the State

17 Treasurer out of funds appropriated for these

18 purposes, shall, upon certification thereof by the

19 Emergency Management Claims Commission, cause the sum

20 so certified forthwith to be paid to the owner. The

21 Emergency Management Claims Commission is hereby given

22 the power to issue appropriate subpoenas and to

23 administer oaths to witnesses and shall keep

24 appropriate minutes and other records of its actions

25 upon and the disposition made of all claims.

26 b. When the compensation to be paid for the taking

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1 or use of property or interest therein is not or cannot

2 be determined and paid under item a of this paragraph

3 (4), a petition in the name of The People of the State

4 of Illinois shall be promptly filed by the Director,

5 which filing may be enforced by mandamus, in the

6 circuit court of the county where the property or any

7 part thereof was located when initially taken or used

8 under the provisions of this Act praying that the

9 amount of compensation to be paid to the person or

10 persons interested therein be fixed and determined.

11 The petition shall include a description of the

12 property that has been taken, shall state the physical

13 condition of the property when taken, shall name as

14 defendants all interested parties, shall set forth the

15 sum of money estimated to be just compensation for the

16 property or interest therein taken or used, and shall

17 be signed by the Director. The litigation shall be

18 handled by the Attorney General for and on behalf of

19 the State.

20 c. Just compensation for the taking or use of

21 property or interest therein shall be promptly

22 ascertained in proceedings and established by judgment

23 against the State, that shall include, as part of the

24 just compensation so awarded, interest at the rate of

25 6% per annum on the fair market value of the property

26 or interest therein from the date of the taking or use

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1 to the date of the judgment; and the court may order

2 the payment of delinquent taxes and special

3 assessments out of the amount so awarded as just

4 compensation and may make any other orders with

5 respect to encumbrances, rents, insurance, and other

6 charges, if any, as shall be just and equitable.

7 (5) When required by the exigencies of the disaster,

8 to sell, lend, rent, give, or distribute all or any part of

9 property so or otherwise acquired to the inhabitants of

10 this State, or to political subdivisions of this State,

11 or, under the interstate mutual aid agreements or compacts

12 as are entered into under the provisions of subparagraph

13 (5) of paragraph (c) of Section 6 to other states, and to

14 account for and transmit to the State Treasurer all funds,

15 if any, received therefor.

16 (6) To recommend the evacuation of all or part of the

17 population from any stricken or threatened area within the

18 State if the Governor deems this action necessary.

19 (7) To prescribe routes, modes of transportation, and

20 destinations in connection with evacuation.

21 (8) To control ingress and egress to and from a

22 disaster area, the movement of persons within the area,

23 and the occupancy of premises therein.

24 (9) To suspend or limit the sale, dispensing, or

25 transportation of alcoholic beverages, firearms,

26 explosives, and combustibles.

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1 (10) To make provision for the availability and use of

2 temporary emergency housing.

3 (11) A proclamation of a disaster shall activate the

4 State Emergency Operations Plan, and political subdivision

5 emergency operations plans applicable to the political

6 subdivision or area in question and be authority for the

7 deployment and use of any forces that the plan or plans

8 apply and for use or distribution of any supplies,

9 equipment, and materials and facilities assembled,

10 stockpiled, or arranged to be made available under this

11 Act or any other provision of law relating to disasters.

12 (12) Control, restrict, and regulate by rationing,

13 freezing, use of quotas, prohibitions on shipments, price

14 fixing, allocation, or other means, the use, sale, or

15 distribution of food, feed, fuel, clothing, and other

16 commodities, materials, goods, or services; and perform

17 and exercise any other functions, powers, and duties as

18 may be necessary to promote and secure the safety and

19 protection of the civilian population.

20 (13) During the continuance of any disaster the

21 Governor is commander-in-chief of the organized and

22 unorganized militia and of all other forces available for

23 emergency duty. To the greatest extent practicable, the

24 Governor shall delegate or assign authority to the

25 Director to manage, coordinate, and direct all resources

26 by orders issued at the time of the disaster.

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1 (14) Prohibit increases in the prices of goods and

2 services during a disaster.

3 (Source: P.A. 102-485, eff. 8-20-21.)

4 (20 ILCS 3305/8) (from Ch. 127, par. 1058)

5 Sec. 8. Mobile support teams ~~Support Teams~~.

6 (a) The Governor or Director may cause to be created

7 Mobile Support Teams to aid and to reinforce the ~~Illinois~~

8 ~~Emergency Management~~ Agency, and emergency services and

9 disaster agencies in areas stricken by disaster. Each mobile

10 support team shall have a leader, selected by the Director who

11 will be responsible, under the direction and control of the

12 Director, for the organization, administration, and training,

13 and operation of the mobile support team.

14 (b) Personnel of a mobile support team while on duty

15 pursuant to such a call or while engaged in regularly

16 scheduled training or exercises, whether within or without the

17 State, shall either:

18 (1) If they are paid employees of the State, have the

19 powers, duties, rights, privileges, and immunities and

20 receive the compensation incidental to their employment.

21 (2) If they are paid employees of a political

22 subdivision or body politic of this State, and whether

23 serving within or without that political subdivision or

24 body politic, have the powers, duties, rights, privileges,

25 and immunities, and receive the compensation incidental to

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1 their employment.

2 (3) If they are not employees of the State, political

3 subdivision, or body politic, or being such employees, are

4 not normally paid for their services, be entitled to at

5 least one dollar per year compensation from the State.

6 Personnel of a mobile support team who suffer disease,

7 injury or death arising out of or in the course of emergency

8 duty, shall for the purposes of benefits under the Workers'

9 Compensation Act or Workers' Occupational Diseases Act only,

10 be deemed to be employees of this State. If the person

11 diseased, injured, or killed is an employee described in item

12 (3) above, the computation of benefits payable under either of

13 those Acts shall be based on income commensurate with

14 comparable State employees doing the same type of work or

15 income from the person's regular employment, whichever is

16 greater.

17 All personnel of mobile support teams shall, while on duty

18 under such call, be reimbursed by this State for all actual and

19 necessary travel and subsistence expenses.

20 (c) The State shall reimburse each political subdivision

21 or body politic from the Disaster Response and Recovery Fund

22 for the compensation paid and the actual and necessary travel,

23 subsistence, and maintenance expenses of paid employees of the

24 political subdivision or body politic while serving, outside

25 of its geographic ~~geographical~~ boundaries pursuant to such a

26 call, as members of a mobile support team, and for all payments

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1 made for death, disease, or injury of those paid employees

2 arising out of and incurred in the course of that duty, and for

3 all losses of or damage to supplies and equipment of the

4 political subdivision or body politic resulting from the

5 operations.

6 (d) Whenever mobile support teams or units of another

7 state, while the Governor has the emergency powers provided

8 for under Section 7 of this Act, render aid to this State under

9 the orders of the Governor of its home state and upon the

10 request of the Governor of this State, all questions relating

11 to reimbursement by this State to the other state and its

12 citizens in regard to the assistance so rendered shall be

13 determined by the mutual aid agreements or interstate compacts

14 described in subparagraph (5) of paragraph (c) of Section 6 as

15 are existing at the time of the assistance rendered or are

16 entered into thereafter and under Section 303 (d) of the

17 Federal Civil Defense Act of 1950.

18 (e) No personnel of mobile support teams of this State may

19 be ordered by the Governor to operate in any other state unless

20 a request for the same has been made by the Governor or duly

21 authorized representative of the other state.

22 (Source: P.A. 98-465, eff. 8-16-13.)

23 (20 ILCS 3305/10) (from Ch. 127, par. 1060)

24 Sec. 10. Emergency services and disaster agencies ~~Services~~

25 ~~and Disaster Agencies~~.

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1 (a) Each political subdivision within this State shall be

2 within the jurisdiction of and served by the ~~Illinois~~

3 ~~Emergency Management~~ Agency and by an emergency services and

4 disaster agency responsible for emergency management programs.

5 A township, if the township is in a county having a population

6 of more than 2,000,000, must have approval of the county

7 coordinator before establishment of a township emergency

8 services and disaster agency.

9 (b) Unless multiple county emergency services and disaster

10 agency consolidation is authorized by the ~~Illinois Emergency~~

11 ~~Management~~ Agency with the consent of the respective counties,

12 each county shall maintain an emergency services and disaster

13 agency that has jurisdiction over and serves the entire

14 county, except as otherwise provided under this Act and except

15 that in any county with a population of over 3,000,000

16 containing a municipality with a population of over 500,000

17 the jurisdiction of the county agency shall not extend to the

18 municipality when the municipality has established its own

19 agency.

20 (c) Each municipality with a population of over 500,000

21 shall maintain an emergency services and disaster agency which

22 has jurisdiction over and serves the entire municipality. A

23 municipality with a population less than 500,000 may

24 establish, by ordinance, an agency or department responsible

25 for emergency management within the municipality's corporate

26 limits.

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1 (d) The Governor shall determine which municipal

2 corporations, other than those specified in paragraph (c) of

3 this Section, need emergency services and disaster agencies of

4 their own and require that they be established and maintained.

5 The Governor shall make these determinations on the basis of

6 the municipality's disaster vulnerability and capability of

7 response related to population size and concentration. The

8 emergency services and disaster agency of a county or

9 township, shall not have a jurisdiction within a political

10 subdivision having its own emergency services and disaster

11 agency, but shall cooperate with the emergency services and

12 disaster agency of a city, village, or incorporated town

13 within their borders. The ~~Illinois Emergency Management~~ Agency

14 shall publish and furnish a current list to the municipalities

15 required to have an emergency services and disaster agency

16 under this subsection.

17 (e) Each municipality that is not required to and does not

18 have an emergency services and disaster agency shall have a

19 liaison officer designated to facilitate the cooperation and

20 protection of that municipal corporation with the county

21 emergency services and disaster agency in which it is located

22 in the work of disaster mitigation, preparedness, response,

23 and recovery.

24 (f) The principal executive officer or his or her designee

25 of each political subdivision in the State shall annually

26 notify the ~~Illinois Emergency Management~~ Agency of the manner

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1 in which the political subdivision is providing or securing

2 emergency management, identify the executive head of the

3 agency or the department from which the service is obtained,

4 or the liaison officer in accordance with subsection (e),

5 ~~paragraph (d) of this Section~~ and furnish additional

6 information relating thereto as the ~~Illinois Emergency~~

7 ~~Management~~ Agency requires.

8 (g) Each emergency services and disaster agency shall

9 prepare an emergency operations plan for its geographic

10 boundaries that complies with planning, review, and approval

11 standards promulgated by the ~~Illinois Emergency Management~~

12 Agency. The ~~Illinois Emergency Management~~ Agency shall

13 determine which jurisdictions will be required to include

14 earthquake preparedness in their local emergency operations

15 plans.

16 (h) The emergency services and disaster agency shall

17 prepare and distribute to all appropriate officials in written

18 form a clear and complete statement of the emergency

19 responsibilities of all local departments and officials and of

20 the disaster chain of command.

21 (i) Each emergency services and disaster agency shall have

22 a Coordinator who shall be appointed by the principal

23 executive officer of the political subdivision in the same

24 manner as are the heads of regular governmental departments.

25 If the political subdivision is a county and the principal

26 executive officer appoints the sheriff as the Coordinator, the

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1 sheriff may, in addition to his or her regular compensation,

2 receive additional compensation as provided for by the

3 political subdivision at the same level as provided in Section

4 3-6037 of the Counties Code ~~3 of "An Act in relation to the~~

5 ~~regulation of motor vehicle traffic and the promotion of~~

6 ~~safety on public highways in counties", approved August 9,~~

7 ~~1951, as amended~~. The Coordinator shall have direct

8 responsibility for the organization, administration, training,

9 and operation of the emergency services and disaster agency,

10 subject to the direction and control of that principal

11 executive officer. Each emergency services and disaster agency

12 shall coordinate and may perform emergency management

13 functions within the territorial limits of the political

14 subdivision within which it is organized as are prescribed in

15 and by the State Emergency Operations Plan, and programs,

16 orders, rules, and regulations as may be promulgated by the

17 ~~Illinois Emergency Management~~ Agency and by local ordinance

18 and, in addition, shall conduct such functions outside of

19 those territorial limits as may be required under mutual aid

20 agreements and compacts as are entered into under subparagraph

21 (5) of paragraph (c) of Section 6.

22 (j) In carrying out the provisions of this Act, each

23 political subdivision may enter into contracts and incur

24 obligations necessary to place it in a position effectively to

25 combat the disasters as are described in Section 4, to protect

26 the health and safety of persons, to protect property, and to

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1 provide emergency assistance to victims of those disasters. If

2 a disaster occurs, each political subdivision may exercise the

3 powers vested under this Section in the light of the

4 exigencies of the disaster and, excepting mandatory

5 constitutional requirements, without regard to the procedures

6 and formalities normally prescribed by law pertaining to the

7 performance of public work, entering into contracts, the

8 incurring of obligations, the employment of temporary workers,

9 the rental of equipment, the purchase of supplies and

10 materials, and the appropriation, expenditure, and disposition

11 of public funds and property.

12 (k) Volunteers who, while engaged in a disaster, an

13 exercise, training related to the emergency operations plan of

14 the political subdivision, or a search-and-rescue team

15 response to an occurrence or threat of injury or loss of life

16 that is beyond local response capabilities, suffer disease,

17 injury, or death, shall, for the purposes of benefits under

18 the Workers' Compensation Act or Workers' Occupational

19 Diseases Act only, be deemed to be employees of the State, if:

20 (1) the claimant is a duly qualified and enrolled (sworn in) as

21 a volunteer of the ~~Illinois Emergency Management~~ Agency or an

22 emergency services and disaster agency accredited by the

23 ~~Illinois Emergency Management~~ Agency, and (2) if: (i) the

24 claimant was participating in a disaster as defined in Section

25 4 of this Act, (ii) the exercise or training participated in

26 was specifically and expressly approved by the ~~Illinois~~

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1 ~~Emergency Management~~ Agency prior to the exercise or training,

2 or (iii) the search-and-rescue team response was to an

3 occurrence or threat of injury or loss of life that was beyond

4 local response capabilities and was specifically and expressly

5 approved by the ~~Illinois Emergency Management~~ Agency prior to

6 the search-and-rescue team response. The computation of

7 benefits payable under either of those Acts shall be based on

8 the income commensurate with comparable State employees doing

9 the same type work or income from the person's regular

10 employment, whichever is greater.

11 Volunteers who are working under the direction of an

12 emergency services and disaster agency accredited by the

13 ~~Illinois Emergency Management~~ Agency, pursuant to a plan

14 approved by the ~~Illinois Emergency Management~~ Agency (i)

15 during a disaster declared by the Governor under Section 7 of

16 this Act, or (ii) in circumstances otherwise expressly

17 approved by the ~~Illinois Emergency Management~~ Agency, shall be

18 deemed exclusively employees of the State for purposes of

19 Section 8(d) of the Court of Claims Act, provided that the

20 ~~Illinois Emergency Management~~ Agency may, in coordination with

21 the emergency services and disaster agency, audit

22 implementation for compliance with the plan.

23 (l) If any person who is entitled to receive benefits

24 through the application of this Section receives, in

25 connection with the disease, injury, or death giving rise to

26 such entitlement, benefits under an Act of Congress or federal

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1 program, benefits payable under this Section shall be reduced

2 to the extent of the benefits received under that other Act or

3 program.

4 (m) (1) Prior to conducting an exercise, the principal

5 executive officer of a political subdivision or his or her

6 designee shall provide area media with written notification of

7 the exercise. The notification shall indicate that information

8 relating to the exercise shall not be released to the public

9 until the commencement of the exercise. The notification shall

10 also contain a request that the notice be so posted to ensure

11 that all relevant media personnel are advised of the exercise

12 before it begins.

13 (2) During the conduct of an exercise, all messages, 2-way

14 ~~two-way~~ radio communications, briefings, status reports, news

15 releases, and other oral or written communications shall begin

16 and end with the following statement: "This is an exercise

17 message".

18 (Source: P.A. 94-733, eff. 4-27-06.)

19 (20 ILCS 3305/12) (from Ch. 127, par. 1062)

20 Sec. 12. Testing of disaster warning devices ~~Disaster~~

21 ~~Warning Devices~~. The testing of disaster warning devices

22 including outdoor warning sirens shall be held only on the

23 first Tuesday of each month at 10 o'clock in the morning or

24 during exercises that are specifically and expressly approved

25 in advance by the ~~Illinois Emergency Management~~ Agency.

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1 (Source: P.A. 92-73, eff. 1-1-02.)

2 (20 ILCS 3305/14) (from Ch. 127, par. 1064)

3 Sec. 14. Communications. The ~~Illinois Emergency Management~~

4 Agency shall ascertain what means exist for rapid and

5 efficient communications in times of disaster. The ~~Illinois~~

6 ~~Emergency Management~~ Agency shall consider the desirability of

7 supplementing these communications resources or of integrating

8 them into a comprehensive State or State-Federal

9 telecommunications or other communications system or network.

10 In studying the character and feasibility of any system or its

11 several parts, the ~~Illinois Emergency Management~~ Agency shall

12 evaluate the possibility of multipurpose use thereof for

13 general State and political subdivision purposes. The ~~Illinois~~

14 ~~Emergency Management~~ Agency may promulgate rules to establish

15 policies and procedures relating to telecommunications and the

16 continuation of rapid and efficient communications in times of

17 disaster to the extent authorized by any provision of this Act

18 or other laws and regulations. The ~~Illinois Emergency~~

19 ~~Management~~ Agency shall make recommendations to the Governor

20 as appropriate.

21 (Source: P.A. 86-755; 87-168.)

22 (20 ILCS 3305/18) (from Ch. 127, par. 1068)

23 Sec. 18. Orders, rules, and regulations ~~Rules and~~

24 ~~Regulations~~.

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1 (a) The Governor shall file a copy of every rule,

2 regulation, or order, and any amendment thereof made by the

3 Governor under the provisions of this Act in the office of the

4 Secretary of State. Upon ~~No rule, regulation or order, or any~~

5 ~~amendment thereof shall be effective until 10 days after the~~

6 ~~filing, provided, however, that upon~~ the declaration of a

7 disaster by the Governor as is described in Section 7 the

8 provision relating to the effective date of any rule,

9 regulation, order, or amendment issued under this Act and

10 during the state of disaster is abrogated, and the rule,

11 regulation, order, or amendment shall become effective

12 immediately upon being filed with the Secretary of State

13 accompanied by a certificate stating the reason as required by

14 the Illinois Administrative Procedure Act.

15 (b) Every emergency services and disaster agency

16 established pursuant to this Act and the coordinators thereof

17 shall execute and enforce the orders, rules and regulations as

18 may be made by the Governor under authority of this Act. Each

19 emergency services and disaster agency shall have available

20 for inspection at its office all orders, rules, and

21 regulations made by the Governor, or under the Governor's

22 authority. The ~~Illinois Emergency Management~~ Agency shall

23 publish ~~furnish~~ on the Agency's ~~Department's~~ website the

24 orders, rules, and regulations ~~to each such emergency services~~

25 ~~and disaster agency~~. Upon the written request of an emergency

26 services and ~~or~~ disaster agency, copies thereof shall be

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1 mailed to the emergency services and ~~or~~ disaster agency.

2 (Source: P.A. 98-44, eff. 6-28-13.)

3 (20 ILCS 3305/20) (from Ch. 127, par. 1070)

4 Sec. 20. Oath ~~Emergency Management Agency; personnel;~~

5 ~~oath~~. Each person, whether compensated or noncompensated, who

6 is appointed to serve in any capacity in the Illinois

7 Emergency Management Agency and Office of Homeland Security or

8 an emergency services and disaster agency, shall, before

9 entering upon his or her duties, take an oath, in writing,

10 before the Director or before the coordinator of that

11 emergency services and disaster agency or before other persons

12 authorized to administer oaths in this State, which oath shall

13 be filed with the Director or with the coordinator of the

14 emergency services and disaster agency with which he or she

15 shall serve and which oath shall be substantially as follows:

16 "I, _______________, do solemnly swear (or affirm) that I

17 will support and defend and bear true faith and allegiance to

18 the Constitution of the United States and the Constitution of

19 the State of Illinois, and the territory, institutions and

20 facilities thereof, both public and private, against all

21 enemies, foreign and domestic; that I take this obligation

22 freely, without any mental reservation or purpose of evasion;

23 and that I will well and faithfully discharge the duties upon

24 which I am about to enter. And I do further swear (or affirm)

25 that I do not advocate, nor am I, nor have I been a member of

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1 any political party or organization that advocates the

2 overthrow of the government of the United States or of this

3 State by force or violence; and that during such time as I am

4 affiliated with the (name of political subdivision), I will

5 not advocate nor become a member of any political party or

6 organization that advocates the overthrow of the government of

7 the United States or of this State by force or violence."

8 (Source: P.A. 92-73, eff. 1-1-02.)

9 (20 ILCS 3305/23)

10 (Section scheduled to be repealed on January 1, 2032)

11 Sec. 23. Access and Functional Needs Advisory Committee.

12 (a) In this Section, "Advisory Committee" means the Access

13 and Functional Needs Advisory Committee.

14 (b) The Access and Functional Needs Advisory Committee is

15 created.

16 (c) The Advisory Committee shall:

17 (1) Coordinate meetings occurring, at a minimum, 3

18 times each year, in addition to emergency meetings called

19 by the chairperson of the Advisory Committee.

20 (2) Research and provide recommendations for

21 identifying and effectively responding to the needs of

22 persons with access and functional needs before, during,

23 and after a disaster using an intersectional lens for

24 equity.

25 (3) Provide recommendations to the ~~Illinois Emergency~~

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1 ~~Management~~ Agency regarding how to ensure that persons

2 with a disability are included in disaster strategies and

3 emergency management plans, including updates and

4 implementation of disaster strategies and emergency

5 management plans.

6 (4) Review and provide recommendations for the

7 ~~Illinois Emergency Management~~ Agency, and all relevant

8 State agencies that are involved in drafting and

9 implementing the Illinois Emergency Operation Plan, to

10 integrate access and functional needs into State and local

11 emergency plans.

12 (d) The Advisory Committee shall be composed of the

13 Director ~~of the Illinois Emergency Management Agency~~ or his or

14 her designee, the Attorney General or his or her designee, the

15 Secretary of Human Services or his or her designee, the

16 Director of Aging or his or her designee, and the Director of

17 Public Health or his or her designee, together with the

18 following members appointed by the Governor on or before

19 January 1, 2022:

20 (1) Two members, either from a municipal or

21 county-level emergency agency or a local emergency

22 management coordinator.

23 (2) Nine members from the community of persons with a

24 disability who represent persons with different types of

25 disabilities, including, but not limited to, individuals

26 with mobility and physical disabilities, hearing and

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1 visual disabilities, deafness or who are hard of hearing,

2 blindness or who have low vision, mental health

3 disabilities, and intellectual or developmental

4 disabilities. Members appointed under this paragraph shall

5 reflect a diversity of age, gender, race, and ethnic

6 background.

7 (3) Four members who represent first responders from

8 different geographic ~~geographical~~ regions around the

9 State.

10 (e) Of those members appointed by the Governor, the

11 initial appointments of 6 members shall be for terms of 2 years

12 and the initial appointments of 5 members shall be for terms of

13 4 years. Thereafter, members shall be appointed for terms of 4

14 years. A member shall serve until his or her successor is

15 appointed and qualified. If a vacancy occurs in the Advisory

16 Committee membership, the vacancy shall be filled in the same

17 manner as the original appointment for the remainder of the

18 unexpired term.

19 (f) After all the members are appointed, and annually

20 thereafter, they shall elect a chairperson from among the

21 members appointed under paragraph (2) of subsection (d).

22 (g) The initial meeting of the Advisory Committee shall be

23 convened by the Director ~~of the Illinois Emergency Management~~

24 ~~Agency~~ no later than February 1, 2022.

25 (h) Advisory Committee members shall serve without

26 compensation.

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1 (i) The ~~Illinois Emergency Management~~ Agency shall provide

2 administrative support to the Advisory Committee.

3 (j) The Advisory Committee shall prepare and deliver a

4 report to the General Assembly, the Governor's Office, and the

5 ~~Illinois Emergency Management~~ Agency by July 1, 2022, and

6 annually thereafter. The report shall include the following:

7 (1) Identification of core emergency management

8 services that need to be updated or changed to ensure the

9 needs of persons with a disability are met, and shall

10 include disaster strategies in State and local emergency

11 plans.

12 (2) Any proposed changes in State policies, laws,

13 rules, or regulations necessary to fulfill the purposes of

14 this Act.

15 (3) Recommendations on improving the accessibility and

16 effectiveness of disaster and emergency communication.

17 (4) Recommendations on comprehensive training for

18 first responders and other frontline workers when working

19 with persons with a disability during emergency situations

20 or disasters, as defined in Section 4 ~~of the Illinois~~

21 ~~Emergency Management Agency Act~~.

22 (5) Any additional recommendations regarding emergency

23 management and persons with a disability that the Advisory

24 Committee deems necessary.

25 (k) The annual report prepared and delivered under

26 subsection (j) shall be annually considered by the ~~Illinois~~

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1 ~~Emergency Management~~ Agency when developing new State and

2 local emergency plans or updating existing State and local

3 emergency plans.

4 (l) The Advisory Committee is dissolved and this Section

5 is repealed on January 1, 2032.

6 (Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21;

7 103-154, eff. 6-30-23.)

8 (20 ILCS 3305/24 new)

9 Sec. 24. Illinois Homeland Security Advisory Council

10 (IL-HSAC).

11 (a) The Illinois Homeland Security Advisory Council

12 (IL-HSAC) is hereby created.

13 (b) The IL-HSAC shall report directly to the Homeland

14 Security Advisor, who shall serve as the Chairperson.

15 (c) The Deputy Homeland Security Advisor shall serve as

16 Vice-Chair.

17 (d) The Homeland Security Advisor may appoint a Chair Pro

18 Tempore to oversee the daily operations and administrative

19 responsibilities of the IL-HSAC.

20 (e) The Homeland Security Advisor shall, with approval of

21 the Governor, modify the structure of the IL-HSAC as

22 appropriate and consistent with this Section.

23 (f) The IL-HSAC shall submit an annual report to the

24 Governor by March 1 of each year. The report shall detail the

25 activities, accomplishments, and recommendations of the

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1 IL-HSAC in the preceding year.

2 (g) The Agency shall provide administrative support for

3 the IL-HSAC.

4 (h) Entities may be appointed to IL-HSAC with nomination

5 by the Homeland Security Advisor and approval by the Governor.

6 (i) The IL-HSAC shall have the following powers and

7 duties:

8 (1) The IL-HSAC shall serve as the State Advisory

9 Committee with respect to funds received through the

10 federal Homeland Security Grant Program. In that capacity,

11 the IL-HSAC shall provide recommendations to the Homeland

12 Security Advisor on issues related to the application for

13 and use of all appropriate federal funding that relates to

14 preventing, protecting against, mitigating, responding to

15 and recovering from acts of terrorism and other threats.

16 (2) The IL-HSAC shall provide recommendations to the

17 Homeland Security Advisor on the following:

18 (A) appropriate training of local, regional, and

19 state officials to respond to terrorist incidents

20 involving conventional, chemical, biological, and

21 nuclear weapons;

22 (B) applications for and use of all appropriate

23 State and other funds as may be appropriate and

24 available relating to homeland security;

25 (C) public safety preparedness and mutual aid to

26 include strategies and tactics to coordinate

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1 multi-agency response to significant events, such as

2 acts of terrorism or natural disasters, where

3 coordination of local, State, and private resources is

4 necessary;

5 (D) coordination of public safety resources and

6 combating terrorism in Illinois; and

7 (E) any changes needed in State statutes,

8 administrative rules, or in the Illinois Emergency

9 Operations Plan.

10 (20 ILCS 3305/25 new)

11 Sec. 25. Statewide Interoperability Coordinator.

12 (a) The Statewide Interoperability Coordinator is hereby

13 created as a position within the Agency's Office of Homeland

14 Security.

15 (b) The duties and responsibilities of the Statewide

16 Interoperability Coordinator shall be as follows:

17 (1) The Statewide Interoperability Coordinator shall

18 serve as the central coordination point for the State's

19 communications interoperability and shall assist with

20 mediation between State and local agencies to achieve an

21 interoperable communications system.

22 (2) The Statewide Interoperability Coordinator shall

23 develop and disseminate best practices for public safety

24 communications interoperability.

25 (3) The Statewide Interoperability Coordinator shall

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1 advise the Homeland Security Advisor and Deputy Director

2 of the Agency's Office of Homeland Security on public

3 safety communications interoperability.

4 (4) The Statewide Interoperability Coordinator shall

5 serve as a member of the Statewide Interoperability

6 Executive Committee or its successor entity and may act on

7 behalf of the Statewide Interoperability Executive

8 Committee.

9 (5) The Statewide Interoperability Coordinator shall

10 recommend regulatory changes relating to public safety

11 communications and interoperability activities in

12 partnership with 9-1-1 administrators, operators of

13 statewide radio systems, emergency management

14 coordinators, and relevant State agencies.

15 (6) The Statewide Interoperability Coordinator shall

16 identify funding opportunities for planned

17 interoperability improvements and coordinate efforts to

18 provide funding.

19 (7) The Statewide Interoperability Coordinator shall

20 advise on the issuance of grants related to public safety

21 and for interoperability communication.

22 (8) The Statewide Interoperability Coordinator shall

23 engage stakeholders to coordinate the Statewide

24 Communications Interoperability Plan.

25 (9) The Statewide Interoperability Coordinator shall

26 represent the State in national, regional, and local

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