Sen. Mike Porfirio
Filed: 11/15/2024
 
 
 




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1
AMENDMENT TO SENATE BILL 3240


2 AMENDMENT NO. ______. Amend Senate Bill 3240 by replacing 
3everything after the enacting clause with the following:

4 "Section 5. The Civil Administrative Code of Illinois is 
5amended by changing Sections 5-15, 5-20, and 5-160 and by 
6adding 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 
9Departments 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 Early Childhood. 
 
 
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1 The Department of Employment Security.
2 The Illinois Emergency Management Agency and Office of 
3Homeland Security. 
4 The Department of Financial and Professional Regulation. 
5 The Department of Healthcare and Family Services. 
6 The Department of Human Rights.
7 The Department of Human Services.
8 The Department of Innovation and Technology. 
9 The Department of Insurance. 
10 The Department of Juvenile Justice. 
11 The Department of Labor.
12 The Department of the Lottery.
13 The Department of Natural Resources.
14 The Department of Public Health.
15 The Department of Revenue.
16 The Illinois State Police.
17 The Department of Transportation.
18 The Department of Veterans' Affairs.
19(Source: P.A. 102-538, eff. 8-20-21; 103-594, eff. 6-25-24.)

20 (20 ILCS 5/5-20) (was 20 ILCS 5/4)
21 Sec. 5-20. Heads of departments. Each department shall 
22have an officer as its head who shall be known as director or 
23secretary and who shall, subject to the provisions of the 
24Civil Administrative Code of Illinois, execute the powers and 
25discharge the duties vested by law in his or her respective 
 
 
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1department.
2 The following officers are hereby created:
3 Director of Aging, for the Department on Aging.
4 Director of Agriculture, for the Department of 
5Agriculture.
6 Director of Central Management Services, for the 
7Department of Central Management Services.
8 Director of Children and Family Services, for the 
9Department of Children and Family Services.
10 Director of Commerce and Economic Opportunity, for the 
11Department of Commerce and Economic Opportunity.
12 Director of Corrections, for the Department of 
13Corrections.
14 Director of the Illinois Emergency Management Agency and 
15Office of Homeland Security, for the Illinois Emergency 
16Management Agency and Office of Homeland Security. 
17 Secretary of Early Childhood, for the Department of Early 
18Childhood. 
19 Director of Employment Security, for the Department of 
20Employment Security.
21 Secretary of Financial and Professional Regulation, for 
22the Department of Financial and Professional Regulation. 
23 Director of Healthcare and Family Services, for the 
24Department of Healthcare and Family Services. 
25 Director of Human Rights, for the Department of Human 
26Rights.
 
 
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1 Secretary of Human Services, for the Department of Human 
2Services.
3 Secretary of Innovation and Technology, for the Department 
4of Innovation and Technology. 
5 Director of Insurance, for the Department of Insurance. 
6 Director of Juvenile Justice, for the Department of 
7Juvenile Justice. 
8 Director of Labor, for the Department of Labor.
9 Director of the Lottery, for the Department of the 
10Lottery. 
11 Director of Natural Resources, for the Department of 
12Natural Resources.
13 Director of Public Health, for the Department of Public 
14Health.
15 Director of Revenue, for the Department of Revenue.
16 Director of the Illinois State Police, for the Illinois 
17State Police.
18 Secretary of Transportation, for the Department of 
19Transportation.
20 Director of Veterans' Affairs, for the Department of 
21Veterans' Affairs.
22(Source: P.A. 102-538, eff. 8-20-21; 103-594, eff. 6-25-24.)

23 (20 ILCS 5/5-160) (was 20 ILCS 5/5.13h)
24 Sec. 5-160. In the Illinois Emergency Management Agency 
25and Office of Homeland Security. Assistant Director of the 
 
 
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1Emergency Management Agency and Office of Homeland Security.
2(Source: P.A. 93-1029, eff. 8-25-04.)

3 (20 ILCS 5/5-425 new)
4 Sec. 5-425. In the Illinois Emergency Management Agency 
5and Office of Homeland Security. For terms beginning on or 
6after January 16, 2023, the Director shall receive an annual 
7salary of $180,000 or as set by the Governor, whichever is 
8higher. On July 1, 2023, and on each July 1 thereafter, the 
9Director shall receive an increase in salary based on a cost of 
10living adjustment as authorized by Senate Joint Resolution 192 
11of the 86th General Assembly.
12 For terms beginning on or after January 16, 2023, the 
13Assistant Director of the Illinois Emergency Management Agency 
14and Office of Homeland Security shall receive an annual salary 
15of $156,600 or as set by the Governor, whichever is higher. On 
16July 1, 2023, and on each July 1 thereafter, the Assistant 
17Director shall receive an increase in salary based on a cost of 
18living adjustment as authorized by Senate Joint Resolution 192 
19of the 86th General Assembly.

20 Section 10. The Illinois Emergency Management Agency Act 
21is amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 10, 12, 
2214, 18, 20, and 23 and by adding Sections 24 and 25 as follows:

23 (20 ILCS 3305/1) (from Ch. 127, par. 1051)
 
 
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1 Sec. 1. Short Title. This Act may be cited as the IEMA-OHS 
2Illinois Emergency Management Agency Act.
3(Source: P.A. 87-168.)

4 (20 ILCS 3305/2) (from Ch. 127, par. 1052)
5 Sec. 2. Policy and purposes Purposes. 
6 (a) Because of the possibility of the occurrence of 
7disasters of unprecedented size and destructiveness resulting 
8from the explosion in this or in neighboring states of atomic 
9or other means from without or by means of sabotage or other 
10disloyal actions within, or from fire, flood, earthquake, 
11telecommunications failure, or other natural or technological 
12causes, and in order to insure that this State will be prepared 
13to and will adequately deal with any disasters, preserve the 
14lives and property of the people of this State and protect the 
15public peace, health, and safety in the event of a disaster, it 
16is found and declared to be necessary: 
17  (1) To create a State emergency management and 
18 homeland security agency an Illinois Emergency Management 
19 Agency and to authorize emergency management and homeland 
20 security programs within the political subdivisions of the 
21 State. 
22  (2) To confer upon the Governor and upon the principal 
23 executive officer of the political subdivisions of the 
24 State the powers provided herein. 
25  (3) To provide for the rendering of mutual aid among 
 
 
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1 the political subdivisions and taxing districts of the 
2 State and with other states and with respect to the 
3 carrying out of an emergency management and homeland 
4 security programs program.
5 (b) It is further declared to be the purpose of this Act 
6and the policy of the State that all emergency management and 
7homeland security programs of this State be coordinated to the 
8maximum extent with the comparable programs of the federal 
9government, including its various departments and agencies, of 
10other states and localities and private agencies of every 
11type, to the end that the most effective preparation and use 
12may be made of the nation's resources and facilities for 
13dealing with any disaster that may occur.
14(Source: P.A. 87-168; 88-606, eff. 1-1-95.)

15 (20 ILCS 3305/4) (from Ch. 127, par. 1054)
16 Sec. 4. Definitions. As used in this Act, unless the 
17context clearly indicates otherwise, the following words and 
18terms have the meanings ascribed to them in this Section:
19 "Agency" or "IEMA-OHS" means the Illinois Emergency 
20Management Agency and Office of Homeland Security. 
21 "Coordinator" means the staff assistant to the principal 
22executive officer of a political subdivision with the duty of 
23coordinating the emergency management programs of that 
24political subdivision.
25 "Cyber incident" means an event occurring on or conducted 
 
 
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1through a computer network that actually or imminently 
2jeopardizes the integrity, confidentiality, or availability of 
3computers, information, or communications systems or networks, 
4physical or virtual infrastructure controlled by computers or 
5information systems, or information resident thereon that 
6affect or control infrastructure or communications networks 
7utilized by the public. "Cyber incident" includes a 
8vulnerability in information systems, system security 
9procedures, internal controls, or implementations that could 
10be exploited by a threat source that affect or control 
11infrastructure or communications networks utilized by the 
12public.
13 "Director" means the Director of the Illinois Emergency 
14Management Agency and Office of Homeland Security. 
15 "Disaster" means an occurrence or threat of widespread or 
16severe damage, injury, or loss of life or property resulting 
17from any natural, technological, or human cause, including, 
18but not limited to fire, flood, earthquake, wind, storm, 
19hazardous materials spill or other water contamination 
20requiring emergency action to avert danger or damage, 
21epidemic, air contamination, blight, extended periods of 
22severe and inclement weather, drought, infestation, critical 
23shortages of essential fuels and energy, explosion, riot, 
24hostile military or paramilitary action, public health 
25emergencies, cyber incidents, or acts of domestic terrorism.
26 "Emergency management Management" means the efforts of the 
 
 
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1State and the political subdivisions to develop, plan, 
2analyze, conduct, provide, implement, and maintain programs 
3for disaster mitigation, preparedness, response, and recovery.
4 "Emergency Services and Disaster Agency" means the agency 
5by this name, by the name Emergency Management Agency, or by 
6any other name that is established by ordinance within a 
7political subdivision to coordinate the emergency management 
8program within that political subdivision and with private 
9organizations, other political subdivisions, the State, and 
10federal governments.
11 "Emergency operations plan Operations Plan" means the 
12written plan of the State and political subdivisions 
13describing the organization, mission, and functions of the 
14government and supporting services for responding to and 
15recovering from disasters and shall include plans that take 
16into account the needs of those individuals with household 
17pets and service animals following a major disaster or 
18emergency.
19 "Emergency services Services" means the coordination of 
20functions by the State and its political subdivisions 
21subdivision, other than functions for which military forces 
22are primarily responsible, as may be necessary or proper to 
23prevent, minimize, repair, and alleviate injury and damage 
24resulting from any natural or technological causes. These 
25functions include, without limitation, fire fighting services, 
26police services, emergency aviation services, medical and 
 
 
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1health services, HazMat and technical rescue teams, rescue, 
2engineering, warning services, communications, radiological, 
3chemical and other special weapons defense, evacuation of 
4persons from stricken or threatened areas, emergency assigned 
5functions of plant protection, temporary restoration of public 
6utility services, and other functions related to civilian 
7protection, together with all other activities necessary or 
8incidental to protecting life or property.
9 "Exercise" means an event or activity delivered through 
10discussion or action to develop, assess, or validate 
11capabilities to achieve planned objectives. a planned event 
12realistically simulating a disaster, conducted for the purpose 
13of evaluating the political subdivision's coordinated 
14emergency management capabilities, including, but not limited 
15to, testing the emergency operations plan.
16 "HazMat team" means a career or volunteer mobile support 
17team that has been authorized by a unit of local government to 
18respond to hazardous materials emergencies and that is 
19primarily designed for emergency response to chemical or 
20biological terrorism, radiological emergencies, hazardous 
21material spills, releases, or fires, or other contamination 
22events. 
23 "Illinois Emergency Management Agency and Office of 
24Homeland Security" or "Agency" means the agency established by 
25this Act within the executive branch of State Government 
26responsible for coordination of the overall emergency 
 
 
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1management and homeland security programs program of the State 
2and with private organizations, political subdivisions, and 
3the federal government. "Illinois Emergency Management Agency 
4and Office of Homeland Security" also means the State 
5Emergency Response Commission responsible for the 
6implementation of Title III of the Superfund Amendments and 
7Reauthorization Act of 1986.
8 "Interoperable communications" means communications, 
9including the exchange of voice data, and video on demand in 
10real time, by emergency response providers and relevant State 
11and local government agencies through a dedicated public 
12safety network using information technology systems and radio 
13communications systems. 
14 "Mobile support team Support Team" means a group of 
15individuals designated as a team by the Governor or Director 
16to train prior to and to be dispatched, if the Governor or the 
17Director so determines, to aid and reinforce the State and 
18political subdivision emergency management efforts in response 
19to a disaster.
20 "Municipality" means any city, village, and incorporated 
21town.
22 "Political subdivision Subdivision" means any county, 
23city, village, or incorporated town or township if the 
24township is in a county having a population of more than 
252,000,000.
26 "Principal executive officer Executive Officer" means 
 
 
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1chair of the county board, supervisor of a township if the 
2township is in a county having a population of more than 
32,000,000, mayor of a city or incorporated town, president of 
4a village, or in their absence or disability, the interim 
5successor as established under Section 7 of the Emergency 
6Interim Executive Succession Act.
7 "Public health emergency" means an occurrence or imminent 
8threat of an illness or health condition that:
9  (a) is believed to be caused by any of the following:
10   (i) bioterrorism;
11   (ii) the appearance of a novel or previously 
12 controlled or eradicated infectious agent or 
13 biological toxin;
14   (iii) a natural disaster;
15   (iv) a chemical attack or accidental release; or
16   (v) a nuclear attack or accident; and
17  (b) poses a high probability of any of the following 
18 harms:
19   (i) a large number of deaths in the affected 
20 population;
21   (ii) a large number of serious or long-term 
22 disabilities in the affected population; or
23   (iii) widespread exposure to an infectious or 
24 toxic agent that poses a significant risk of 
25 substantial future harm to a large number of people in 
26 the affected population.
 
 
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1 "Statewide mutual aid organization" means an entity with 
2local government members throughout the State that facilitates 
3temporary assistance through its members in a particular 
4public safety discipline, such as police, fire, or emergency 
5management, when an occurrence exceeds a member jurisdiction's 
6capabilities. 
7 "Technical rescue team" means a career or volunteer mobile 
8support team that has been authorized by a unit of local 
9government to respond to building collapse, high angle rescue, 
10and other specialized rescue emergencies and that is primarily 
11designated for emergency response to technical rescue events. 
12(Source: P.A. 102-485, eff. 8-20-21.)

13 (20 ILCS 3305/5)
14 (Text of Section before amendment by P.A. 103-588 and 
15103-999)
16 Sec. 5. Illinois Emergency Management Agency and Office of 
17Homeland Security. 
18 (a) Establishment of the Illinois Emergency Management 
19Agency and Office of Homeland Security. There is created 
20within the executive branch of the State Government an 
21Illinois Emergency Management Agency and Office of Homeland 
22Security and a Director of the Illinois Emergency Management 
23Agency and Office of Homeland Security, herein called the 
24"Director" who shall be the head of the Agency thereof. The 
25Director shall be appointed by the Governor, with the advice 
 
 
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1and consent of the Senate, and shall serve for a term of 2 
2years beginning on the third Monday in January of the 
3odd-numbered year, and until a successor is appointed and has 
4qualified; except that the term of the first Director 
5appointed under this Act shall expire on the third Monday in 
6January, 1989. The Director shall not hold any other 
7remunerative public office. For terms beginning after January 
818, 2019 (the effective date of Public Act 100-1179) and 
9before January 16, 2023, the annual salary of the Director 
10shall be as provided in Section 5-300 of the Civil 
11Administrative Code of Illinois. Notwithstanding any other 
12provision of law, for terms beginning on or after January 16, 
132023, the Director shall receive an annual salary of $180,000 
14or as set by the Governor, whichever is higher. On July 1, 
152023, and on each July 1 thereafter, the Director shall 
16receive an increase in salary based on a cost of living 
17adjustment as authorized by Senate Joint Resolution 192 of the 
1886th General Assembly. 
19 For terms beginning on or after January 16, 2023, the 
20Assistant Director of the Illinois Emergency Management Agency 
21shall receive an annual salary of $156,600 or as set by the 
22Governor, whichever is higher. On July 1, 2023, and on each 
23July 1 thereafter, the Assistant Director shall receive an 
24increase in salary based on a cost of living adjustment as 
25authorized by Senate Joint Resolution 192 of the 86th General 
26Assembly. 
 
 
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1 (b) Agency personnel. The Illinois Emergency Management 
2Agency shall obtain, under the provisions of the Personnel 
3Code, technical, clerical, stenographic, and other 
4administrative personnel, and may make expenditures within the 
5appropriation therefor as may be necessary to carry out the 
6purpose of this Act. The agency created by this Act is intended 
7to be a successor to the agency created under the Illinois 
8Emergency Services and Disaster Agency Act of 1975 and the 
9personnel, equipment, records, and appropriations of that 
10agency are transferred to the successor agency as of June 30, 
111988 (the effective date of this Act).
12 (c) Responsibilities of the Director. The Director, 
13subject to the direction and control of the Governor, shall be 
14the executive head of the Illinois Emergency Management Agency 
15and the State Emergency Response Commission and shall be 
16responsible under the direction of the Governor, for carrying 
17out the programs program for emergency management, nuclear and 
18radiation safety, and homeland security of this State. The 
19Director shall also maintain liaison and cooperate with the 
20emergency management, nuclear and radiation safety, and 
21homeland security organizations of this State and other states 
22and of the federal government.
23 (d) Local emergency operations planning. The Illinois 
24Emergency Management Agency shall take an integral part in the 
25development and revision of political subdivision emergency 
26operations plans prepared under paragraph (f) of Section 10. 
 
 
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1To this end it shall employ or otherwise secure the services of 
2professional and technical personnel capable of providing 
3expert assistance to the emergency services and disaster 
4agencies. These personnel shall consult with emergency 
5services and disaster agencies on a regular basis and shall 
6make field examinations of the areas, circumstances, and 
7conditions that particular political subdivision emergency 
8operations plans are intended to apply.
9 (e) Local Emergency Planning Committee. The Illinois 
10Emergency Management Agency and political subdivisions shall 
11be encouraged to form an emergency management advisory 
12committee composed of private and public personnel 
13representing the emergency management phases of mitigation, 
14preparedness, response, and recovery. The Local Emergency 
15Planning Committee, as created under the Illinois Emergency 
16Planning and Community Right to Know Act, shall serve as an 
17advisory committee to the emergency services and disaster 
18agency or agencies serving within the boundaries of that Local 
19Emergency Planning Committee planning district for:
20  (1) the development of emergency operations plan 
21 provisions for hazardous chemical emergencies; and
22  (2) the assessment of emergency response capabilities 
23 related to hazardous chemical emergencies.
24 (f) Emergency management responsibilities of the Agency. 
25The Illinois Emergency Management Agency shall:
26  (1) Coordinate the overall emergency management 
 
 
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1 program of the State.
2  (2) Cooperate with local governments, the federal 
3 government, and any public or private agency or entity in 
4 achieving any purpose of this Act and in implementing 
5 emergency management programs for mitigation, 
6 preparedness, response, and recovery.
7  (2.5) (Blank). Develop a comprehensive emergency 
8 preparedness and response plan for any nuclear accident in 
9 accordance with Section 65 of the Nuclear Safety Law of 
10 2004 and in development of the Illinois Nuclear Safety 
11 Preparedness program in accordance with Section 8 of the 
12 Illinois Nuclear Safety Preparedness Act.
13  (2.6) Coordinate with the Department of Public Health 
14 with respect to planning for and responding to public 
15 health emergencies.
16  (3) Prepare, for issuance by the Governor, executive 
17 orders, proclamations, and regulations as necessary or 
18 appropriate in coping with disasters.
19  (4) Promulgate rules and requirements for political 
20 subdivision emergency operations plans that are not 
21 inconsistent with and are at least as stringent as 
22 applicable federal laws and regulations.
23  (5) Review and approve, in accordance with Illinois 
24 Emergency Management Agency rules, emergency operations 
25 plans for those political subdivisions required to have an 
26 emergency services and disaster agency pursuant to this 
 
 
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1 Act.
2  (5.5) Promulgate rules and requirements for the 
3 political subdivision emergency management exercises, 
4 including, but not limited to, exercises of the emergency 
5 operations plans.
6  (5.10) Review, evaluate, and approve, in accordance 
7 with Illinois Emergency Management Agency rules, political 
8 subdivision emergency management exercises for those 
9 political subdivisions required to have an emergency 
10 services and disaster agency pursuant to this Act.
11  (6) Determine requirements of the State and its 
12 political subdivisions for food, clothing, and other 
13 necessities in event of a disaster.
14  (7) Establish a register of persons with types of 
15 emergency management training and skills in mitigation, 
16 preparedness, response, and recovery. 
17  (8) Establish a register of government and private 
18 response resources available for use in a disaster.
19  (9) Expand the Earthquake Awareness Program and its 
20 efforts to distribute earthquake preparedness materials to 
21 schools, political subdivisions, community groups, civic 
22 organizations, and the media. Emphasis will be placed on 
23 those areas of the State most at risk from an earthquake. 
24 Maintain the list of all school districts, hospitals, 
25 airports, power plants, including nuclear power plants, 
26 lakes, dams, emergency response facilities of all types, 
 
 
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1 and all other major public or private structures which are 
2 at the greatest risk of damage from earthquakes under 
3 circumstances where the damage would cause subsequent harm 
4 to the surrounding communities and residents.
5  (10) Disseminate all information, completely and 
6 without delay, on water levels for rivers and streams and 
7 any other data pertaining to potential flooding supplied 
8 by the Division of Water Resources within the Department 
9 of Natural Resources to all political subdivisions to the 
10 maximum extent possible.
11  (11) Develop agreements, if feasible, with medical 
12 supply and equipment firms to supply resources as are 
13 necessary to respond to an earthquake or any other 
14 disaster as defined in this Act. These resources will be 
15 made available upon notifying the vendor of the disaster. 
16 Payment for the resources will be in accordance with 
17 Section 7 of this Act. The Illinois Department of Public 
18 Health shall determine which resources will be required 
19 and requested.
20  (11.5) In coordination with the Illinois State Police, 
21 develop and implement a community outreach program to 
22 promote awareness among the State's parents and children 
23 of child abduction prevention and response.
24  (12) Out of funds appropriated for these purposes, 
25 award capital and non-capital grants to Illinois hospitals 
26 or health care facilities located outside of a city with a 
 
 
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1 population in excess of 1,000,000 to be used for purposes 
2 that include, but are not limited to, preparing to respond 
3 to mass casualties and disasters, maintaining and 
4 improving patient safety and quality of care, and 
5 protecting the confidentiality of patient information. No 
6 single grant for a capital expenditure shall exceed 
7 $300,000. No single grant for a non-capital expenditure 
8 shall exceed $100,000. In awarding such grants, preference 
9 shall be given to hospitals that serve a significant 
10 number of Medicaid recipients, but do not qualify for 
11 disproportionate share hospital adjustment payments under 
12 the Illinois Public Aid Code. To receive such a grant, a 
13 hospital or health care facility must provide funding of 
14 at least 50% of the cost of the project for which the grant 
15 is being requested. In awarding such grants, the Illinois 
16 Emergency Management Agency shall consider the 
17 recommendations of the Illinois Hospital Association.
18  (13) (Blank). Do all other things necessary, 
19 incidental or appropriate for the implementation of this 
20 Act.
21 (g) School and campus grants. The Illinois Emergency 
22Management Agency is authorized to make grants to various 
23higher education institutions, public K-12 school districts, 
24area vocational centers as designated by the State Board of 
25Education, inter-district special education cooperatives, 
26regional safe schools, and nonpublic K-12 schools for safety 
 
 
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1and security improvements. For the purpose of this subsection 
2(g), "higher education institution" means a public university, 
3a public community college, or an independent, not-for-profit 
4or for-profit higher education institution located in this 
5State. Grants made under this subsection (g) shall be paid out 
6of moneys appropriated for that purpose from the Build 
7Illinois Bond Fund. The Illinois Emergency Management Agency 
8shall adopt rules to implement this subsection (g). These 
9rules may specify: (1) (i) the manner of applying for grants; 
10(2) (ii) project eligibility requirements; (3) (iii) 
11restrictions on the use of grant moneys; (4) (iv) the manner in 
12which the various higher education institutions must account 
13for the use of grant moneys; and (5) (v) any other provision 
14that the Illinois Emergency Management Agency determines to be 
15necessary or useful for the administration of this subsection 
16(g).
17 (g-5) State not-for-profit security grants. The Illinois 
18Emergency Management Agency is authorized to make grants to 
19not-for-profit organizations which are exempt from federal 
20income taxation under section 501(c)(3) of the Federal 
21Internal Revenue Code for eligible security improvements that 
22assist the organization in preventing, preparing for, or 
23responding to threats, attacks, or acts of terrorism. To be 
24eligible for a grant under the program, the Agency must 
25determine that the organization is at a high risk of being 
26subject to threats, attacks, or acts of terrorism based on the 
 
 
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1organization's profile, ideology, mission, or beliefs. 
2Eligible security improvements shall include all eligible 
3preparedness activities under the federal Nonprofit Security 
4Grant Program, including, but not limited to, physical 
5security upgrades, security training exercises, preparedness 
6training exercises, contracting with security personnel, and 
7any other security upgrades deemed eligible by the Director. 
8Eligible security improvements shall not duplicate, in part or 
9in whole, a project included under any awarded federal grant 
10or in a pending federal application. The Director shall 
11establish procedures and forms by which applicants may apply 
12for a grant and procedures for distributing grants to 
13recipients. Any security improvements awarded shall remain at 
14the physical property listed in the grant application, unless 
15authorized by Agency rule or approved by the Agency in 
16writing. The procedures shall require each applicant to do the 
17following:
18  (1) identify and substantiate prior or current 
19 threats, attacks, or acts of terrorism against the 
20 not-for-profit organization;
21  (2) indicate the symbolic or strategic value of one or 
22 more sites that renders the site a possible target of a 
23 threat, attack, or act of terrorism;
24  (3) discuss potential consequences to the organization 
25 if the site is damaged, destroyed, or disrupted by a 
26 threat, attack, or act of terrorism;
 
 
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1  (4) describe how the grant will be used to integrate 
2 organizational preparedness with broader State and local 
3 preparedness efforts, as described by the Agency in each 
4 Notice of Opportunity for Funding;
5  (5) submit (i) a vulnerability assessment conducted by 
6 experienced security, law enforcement, or military 
7 personnel, or conducted using an Agency-approved or 
8 federal Nonprofit Security Grant Program self-assessment 
9 tool, and (ii) a description of how the grant award will be 
10 used to address the vulnerabilities identified in the 
11 assessment; and
12  (6) submit any other relevant information as may be 
13 required by the Director.
14 The Agency is authorized to use funds appropriated for the 
15grant program described in this subsection (g-5) to administer 
16the program. Any Agency Notice of Opportunity for Funding, 
17proposed or final rulemaking, guidance, training opportunity, 
18or other resource related to the grant program must be 
19published on the Agency's publicly available website, and any 
20announcements related to funding shall be shared with all 
21State legislative offices, the Governor's office, emergency 
22services and disaster agencies mandated or required pursuant 
23to subsections (b) through (d) of Section 10, and any other 
24State agencies as determined by the Agency. Subject to 
25appropriation, the grant application period shall be open for 
26no less than 45 calendar days during the first application 
 
 
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1cycle each fiscal year, unless the Agency determines that a 
2shorter period is necessary to avoid conflicts with the annual 
3federal Nonprofit Security Grant Program funding cycle. 
4Additional application cycles may be conducted during the same 
5fiscal year, subject to availability of funds. Upon request, 
6Agency staff shall provide reasonable assistance to any 
7applicant in completing a grant application or meeting a 
8post-award requirement. 
9 (g-10) Homeland Security Advisor.
10  (1) A Homeland Security Advisor shall be appointed by 
11 the Governor, by and with the advice and consent of the 
12 Senate, shall report to the Governor. The Homeland 
13 Security Advisor shall:
14   (A) advise the Governor or the Governor's 
15 designees on matters of homeland security and 
16 coordinate Illinois' homeland security and 
17 preparedness efforts across all levels of government, 
18 in order to protect the people and critical 
19 infrastructure of Illinois;
20   (B) coordinate a uniform and cooperative 
21 statewide, strategic response to homeland security 
22 threats as defined by, and in the sole discretion of, 
23 the Governor;
24   (C) coordinate and provide policy recommendations 
25 to the Governor and other State agencies on all 
26 matters pertaining to homeland security;
 
 
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1   (D) utilize the expertise and assistance of all 
2 State agencies, commissions, and boards to carry out 
3 their mission in support of the State's homeland 
4 security efforts; each State agency, commission, or 
5 board shall be required, to the extent not 
6 inconsistent with law, to cooperate with the Homeland 
7 Security Advisor; to facilitate a unified State 
8 strategy on matters of homeland security, all State 
9 agencies, boards, and commissions shall provide 
10 briefings to the Homeland Security Advisor regularly 
11 and upon request;
12   (E) serve as the State's primary liaison with all 
13 federal agencies pertaining to homeland security 
14 matters for the State;
15   (F) consistent with the United States Department 
16 of Homeland Security standard operating procedures and 
17 guidance, oversee and approve security clearance 
18 requests for State personnel sent to the federal 
19 government for final adjudication; coordinate with the 
20 Illinois State Police on such clearance requests for 
21 law enforcement personnel; this subparagraph (F) shall 
22 not apply to clearances issued by the Department of 
23 Defense; and
24   (G) perform other duties related to homeland 
25 security as directed by the Governor or the Governor's 
26 designees.
 
 
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1  (2) A Deputy Homeland Security Advisor, reporting to 
2 the Homeland Security Advisor, shall be recommended by the 
3 Homeland Security Advisor and appointed by the Governor by 
4 and with the advice and consent of the Senate. The Deputy 
5 Homeland Security Advisor shall:
6   (A) assume responsibilities of the Homeland 
7 Security Advisor as needed or directed by the Governor 
8 or Homeland Security Advisor;
9   (B) serve as the Deputy Director of the Office of 
10 Homeland Security within the Agency;
11   (C) develop and execute the State's unified 
12 homeland security strategy;
13   (D) serve as a representative of the Homeland 
14 Security Advisor and the Agency's Office of Homeland 
15 Security with all State agencies, commissions, and 
16 boards for matters pertaining to homeland security; 
17 and
18   (E) serve as a representative of the Homeland 
19 Security Advisor and State with all federal agencies 
20 for matters pertaining to homeland security.
21  (3) The Homeland Security Advisor or Deputy Homeland 
22 Security Advisor shall provide briefings to the Governor 
23 and Lieutenant Governor as directed.
24  (4) The Agency shall coordinate with and provide 
25 administrative support for the Homeland Security Advisor 
26 and house the State's Office of Homeland Security. The 
 
 
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1 Director shall coordinate with the Homeland Security 
2 Advisor to ensure the duties and actions of the Office of 
3 Homeland Security are aligned with the State's homeland 
4 security strategic goals and priorities.
5 (g-15) Homeland Security responsibilities of the Agency. 
6The Agency, through its Office of Homeland Security, shall:
7  (1) support the Homeland Security Advisor in the 
8 administration and coordination of homeland security and 
9 preparedness efforts across all levels of government to 
10 protect the people and critical infrastructure of 
11 Illinois;
12  (2) oversee, plan, and distribute State and federal 
13 funding for homeland security on the basis of risk, 
14 threat, and vulnerability to ensure the most effective use 
15 of limited resources, and guarantee that funds are used 
16 for appropriate and necessary purposes;
17  (3) review all proposed State legislation pertaining 
18 to homeland security matters and report to the Homeland 
19 Security Advisor about such proposed legislation; review 
20 existing legislation and recommend modifications, 
21 amendments, or initiatives to support or enhance the 
22 State's homeland security and preparedness capabilities;
23  (4) ensure the implementation of the strategic 
24 response and policy recommendations of the Governor and 
25 Homeland Security Advisor pertaining to all matters of 
26 homeland security;
 
 
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1  (5) coordinate with all State agencies, commissions, 
2 and boards, regarding matters of homeland security;
3  (6) coordinate with the Illinois State Police to 
4 provide the United States Department of Homeland Security 
5 with relevant reporting metrics and data pertaining to the 
6 State;
7  (7) develop, at the direction of the Homeland Security 
8 Advisor, and in cooperation with the Illinois State Police 
9 and other appropriate State agencies, appropriate 
10 protocols, staffing, training, and equipment guidelines 
11 for the weapons of mass destruction teams that the 
12 Governor, or the Governor's designee, may deploy in the 
13 event or threat of a disaster;
14  (8) lead the State's homeland security public 
15 education and risk communication messaging; and
16  (9) adopt rules necessary for the implementation of 
17 homeland security programs.
18 (g-20) Nuclear and radiation safety responsibilities of 
19the Agency. The Agency shall be responsible for nuclear and 
20radiation safety and shall:
21  (1) exercise, administer, and enforce all rights, 
22 powers, and duties for nuclear and radiation safety 
23 authorized in the Nuclear Safety Law of 2004 or successor 
24 statutes;
25  (2) develop a comprehensive emergency preparedness and 
26 response plan for any nuclear accident in accordance with 
 
 
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1 Section 65 of the Nuclear Safety Law of 2004 and an 
2 Illinois nuclear safety preparedness program in accordance 
3 with Section 8 of the Illinois Nuclear Safety Preparedness 
4 Act or successor statutes; and
5  (3) have the right to enter on public and private 
6 property in order to take environmental samples for 
7 response to a disaster that reasonably could have caused 
8 radioactive contamination.
9 (h) Donations and sponsorships. Except as provided in 
10Section 17.5 of this Act, any moneys received by the Agency 
11from donations or sponsorships unrelated to a disaster shall 
12be deposited in the Emergency Planning and Training Fund and 
13used by the Agency, subject to appropriation, to effectuate 
14planning and training activities. Any moneys received by the 
15Agency from donations during a disaster and intended for 
16disaster response or recovery shall be deposited into the 
17Disaster Response and Recovery Fund and used for disaster 
18response and recovery pursuant to the Disaster Relief Act. 
19 (i) Conference fees. The Illinois Emergency Management 
20Agency may, by rule, assess and collect reasonable fees for 
21attendance at Agency-sponsored conferences to enable the 
22Agency to carry out the requirements of this Act. Any moneys 
23received under this subsection shall be deposited in the 
24Emergency Planning and Training Fund and used by the Agency, 
25subject to appropriation, for planning and training 
26activities.
 
 
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1 (j) Other grant-making powers. The Illinois Emergency 
2Management Agency is authorized to make grants to other State 
3agencies, public universities, units of local government, and 
4statewide mutual aid organizations to enhance statewide 
5emergency preparedness and response. 
6 (k) Subject to appropriation from the Emergency Planning 
7and Training Fund, the Illinois Emergency Management Agency 
8and Office of Homeland Security shall obtain training services 
9and support for local emergency services and support for local 
10emergency services and disaster agencies for training, 
11exercises, and equipment related to carbon dioxide pipelines 
12and sequestration, and, subject to the availability of 
13funding, shall provide $5,000 per year to the Illinois Fire 
14Service Institute for first responder training required under 
15Section 4-615 of the Public Utilities Act. Amounts in the 
16Emergency Planning and Training Fund will be used by the 
17Illinois Emergency Management Agency and Office of Homeland 
18Security for administrative costs incurred in carrying out the 
19requirements of this subsection. To carry out the purposes of 
20this subsection, the Illinois Emergency Management Agency and 
21Office of Homeland Security may accept moneys from all 
22authorized sources into the Emergency Planning and Training 
23Fund, including, but not limited to, transfers from the Carbon 
24Dioxide Sequestration Administrative Fund and the Public 
25Utility Fund. 
26(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 
 
 
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1102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. 
21-1-24; 103-651, eff. 7-18-24.)

3 (Text of Section after amendment by P.A. 103-588 and 
4103-999)
5 Sec. 5. Illinois Emergency Management Agency and Office of 
6Homeland Security. 
7 (a) Establishment of the Illinois Emergency Management 
8Agency and Office of Homeland Security. There is created 
9within the executive branch of the State Government an 
10Illinois Emergency Management Agency and Office of Homeland 
11Security and a Director of the Illinois Emergency Management 
12Agency and Office of Homeland Security, herein called the 
13"Director" who shall be the head of the Agency thereof. The 
14Director shall be appointed by the Governor, with the advice 
15and consent of the Senate, and shall serve for a term of 2 
16years beginning on the third Monday in January of the 
17odd-numbered year, and until a successor is appointed and has 
18qualified; except that the term of the first Director 
19appointed under this Act shall expire on the third Monday in 
20January, 1989. The Director shall not hold any other 
21remunerative public office. For terms beginning after January 
2218, 2019 (the effective date of Public Act 100-1179) and 
23before January 16, 2023, the annual salary of the Director 
24shall be as provided in Section 5-300 of the Civil 
25Administrative Code of Illinois. Notwithstanding any other 
 
 
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1provision of law, for terms beginning on or after January 16, 
22023, the Director shall receive an annual salary of $180,000 
3or as set by the Governor, whichever is higher. On July 1, 
42023, and on each July 1 thereafter, the Director shall 
5receive an increase in salary based on a cost of living 
6adjustment as authorized by Senate Joint Resolution 192 of the 
786th General Assembly. 
8 For terms beginning on or after January 16, 2023, the 
9Assistant Director of the Illinois Emergency Management Agency 
10shall receive an annual salary of $156,600 or as set by the 
11Governor, whichever is higher. On July 1, 2023, and on each 
12July 1 thereafter, the Assistant Director shall receive an 
13increase in salary based on a cost of living adjustment as 
14authorized by Senate Joint Resolution 192 of the 86th General 
15Assembly. 
16 (b) Agency personnel. The Illinois Emergency Management 
17Agency shall obtain, under the provisions of the Personnel 
18Code, technical, clerical, stenographic, and other 
19administrative personnel, and may make expenditures within the 
20appropriation therefor as may be necessary to carry out the 
21purpose of this Act. The agency created by this Act is intended 
22to be a successor to the agency created under the Illinois 
23Emergency Services and Disaster Agency Act of 1975 and the 
24personnel, equipment, records, and appropriations of that 
25agency are transferred to the successor agency as of June 30, 
261988 (the effective date of this Act).
 
 
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1 (c) Responsibilities of the Director. The Director, 
2subject to the direction and control of the Governor, shall be 
3the executive head of the Illinois Emergency Management Agency 
4and the State Emergency Response Commission and shall be 
5responsible under the direction of the Governor, for carrying 
6out the programs program for emergency management, nuclear and 
7radiation safety, and homeland security of this State. The 
8Director shall also maintain liaison and cooperate with the 
9emergency management, nuclear and radiation safety, and 
10homeland security organizations of this State and other states 
11and of the federal government.
12 (d) Local emergency operations planning. The Illinois 
13Emergency Management Agency shall take an integral part in the 
14development and revision of political subdivision emergency 
15operations plans prepared under paragraph (f) of Section 10. 
16To this end it shall employ or otherwise secure the services of 
17professional and technical personnel capable of providing 
18expert assistance to the emergency services and disaster 
19agencies. These personnel shall consult with emergency 
20services and disaster agencies on a regular basis and shall 
21make field examinations of the areas, circumstances, and 
22conditions that particular political subdivision emergency 
23operations plans are intended to apply.
24 (e) Local Emergency Planning Committee. The Illinois 
25Emergency Management Agency and political subdivisions shall 
26be encouraged to form an emergency management advisory 
 
 
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1committee composed of private and public personnel 
2representing the emergency management phases of mitigation, 
3preparedness, response, and recovery. The Local Emergency 
4Planning Committee, as created under the Illinois Emergency 
5Planning and Community Right to Know Act, shall serve as an 
6advisory committee to the emergency services and disaster 
7agency or agencies serving within the boundaries of that Local 
8Emergency Planning Committee planning district for:
9  (1) the development of emergency operations plan 
10 provisions for hazardous chemical emergencies; and
11  (2) the assessment of emergency response capabilities 
12 related to hazardous chemical emergencies.
13 (f) Emergency management responsibilities of the Agency. 
14The Illinois Emergency Management Agency shall:
15  (1) Coordinate the overall emergency management 
16 program of the State.
17  (2) Cooperate with local governments, the federal 
18 government, and any public or private agency or entity in 
19 achieving any purpose of this Act and in implementing 
20 emergency management programs for mitigation, 
21 preparedness, response, and recovery.
22  (2.5) (Blank). Develop a comprehensive emergency 
23 preparedness and response plan for any nuclear accident in 
24 accordance with Section 65 of the Nuclear Safety Law of 
25 2004 and in development of the Illinois Nuclear Safety 
26 Preparedness program in accordance with Section 8 of the 
 
 
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1 Illinois Nuclear Safety Preparedness Act.
2  (2.6) Coordinate with the Department of Public Health 
3 with respect to planning for and responding to public 
4 health emergencies.
5  (3) Prepare, for issuance by the Governor, executive 
6 orders, proclamations, and regulations as necessary or 
7 appropriate in coping with disasters.
8  (4) Promulgate rules and requirements for political 
9 subdivision emergency operations plans that are not 
10 inconsistent with and are at least as stringent as 
11 applicable federal laws and regulations.
12  (5) Review and approve, in accordance with Illinois 
13 Emergency Management Agency rules, emergency operations 
14 plans for those political subdivisions required to have an 
15 emergency services and disaster agency pursuant to this 
16 Act.
17  (5.5) Promulgate rules and requirements for the 
18 political subdivision emergency management exercises, 
19 including, but not limited to, exercises of the emergency 
20 operations plans.
21  (5.10) Review, evaluate, and approve, in accordance 
22 with Illinois Emergency Management Agency rules, political 
23 subdivision emergency management exercises for those 
24 political subdivisions required to have an emergency 
25 services and disaster agency pursuant to this Act.
26  (6) Determine requirements of the State and its 
 
 
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1 political subdivisions for food, clothing, and other 
2 necessities in event of a disaster.
3  (7) Establish a register of persons with types of 
4 emergency management training and skills in mitigation, 
5 preparedness, response, and recovery. 
6  (8) Establish a register of government and private 
7 response resources available for use in a disaster.
8  (9) Expand the Earthquake Awareness Program and its 
9 efforts to distribute earthquake preparedness materials to 
10 schools, political subdivisions, community groups, civic 
11 organizations, and the media. Emphasis will be placed on 
12 those areas of the State most at risk from an earthquake. 
13 Maintain the list of all school districts, hospitals, 
14 airports, power plants, including nuclear power plants, 
15 lakes, dams, emergency response facilities of all types, 
16 and all other major public or private structures which are 
17 at the greatest risk of damage from earthquakes under 
18 circumstances where the damage would cause subsequent harm 
19 to the surrounding communities and residents.
20  (10) Disseminate all information, completely and 
21 without delay, on water levels for rivers and streams and 
22 any other data pertaining to potential flooding supplied 
23 by the Division of Water Resources within the Department 
24 of Natural Resources to all political subdivisions to the 
25 maximum extent possible.
26  (11) Develop agreements, if feasible, with medical 
 
 
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1 supply and equipment firms to supply resources as are 
2 necessary to respond to an earthquake or any other 
3 disaster as defined in this Act. These resources will be 
4 made available upon notifying the vendor of the disaster. 
5 Payment for the resources will be in accordance with 
6 Section 7 of this Act. The Illinois Department of Public 
7 Health shall determine which resources will be required 
8 and requested.
9  (11.5) In coordination with the Illinois State Police, 
10 develop and implement a community outreach program to 
11 promote awareness among the State's parents and children 
12 of child abduction prevention and response.
13  (12) Out of funds appropriated for these purposes, 
14 award capital and non-capital grants to Illinois hospitals 
15 or health care facilities located outside of a city with a 
16 population in excess of 1,000,000 to be used for purposes 
17 that include, but are not limited to, preparing to respond 
18 to mass casualties and disasters, maintaining and 
19 improving patient safety and quality of care, and 
20 protecting the confidentiality of patient information. No 
21 single grant for a capital expenditure shall exceed 
22 $300,000. No single grant for a non-capital expenditure 
23 shall exceed $100,000. In awarding such grants, preference 
24 shall be given to hospitals that serve a significant 
25 number of Medicaid recipients, but do not qualify for 
26 disproportionate share hospital adjustment payments under 
 
 
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1 the Illinois Public Aid Code. To receive such a grant, a 
2 hospital or health care facility must provide funding of 
3 at least 50% of the cost of the project for which the grant 
4 is being requested. In awarding such grants, the Illinois 
5 Emergency Management Agency shall consider the 
6 recommendations of the Illinois Hospital Association.
7  (13) (Blank). Do all other things necessary, 
8 incidental or appropriate for the implementation of this 
9 Act.
10 (g) School and campus grants. The Illinois Emergency 
11Management Agency is authorized to make grants to various 
12higher education institutions, public K-12 school districts, 
13area vocational centers as designated by the State Board of 
14Education, inter-district special education cooperatives, 
15regional safe schools, and nonpublic K-12 schools for safety 
16and security improvements. For the purpose of this subsection 
17(g), "higher education institution" means a public university, 
18a public community college, or an independent, not-for-profit 
19or for-profit higher education institution located in this 
20State. Grants made under this subsection (g) shall be paid out 
21of moneys appropriated for that purpose from the Build 
22Illinois Bond Fund. The Illinois Emergency Management Agency 
23shall adopt rules to implement this subsection (g). These 
24rules may specify: (1) (i) the manner of applying for grants; 
25(2) (ii) project eligibility requirements; (3) (iii) 
26restrictions on the use of grant moneys; (4) (iv) the manner in 
 
 
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1which the various higher education institutions must account 
2for the use of grant moneys; and (5) (v) any other provision 
3that the Illinois Emergency Management Agency determines to be 
4necessary or useful for the administration of this subsection 
5(g).
6 (g-5) State not-for-profit security grants. The Illinois 
7Emergency Management Agency is authorized to make grants to 
8not-for-profit organizations which are exempt from federal 
9income taxation under section 501(c)(3) of the Federal 
10Internal Revenue Code for eligible security improvements that 
11assist the organization in preventing, preparing for, or 
12responding to threats, attacks, or acts of terrorism. To be 
13eligible for a grant under the program, the Agency must 
14determine that the organization is at a high risk of being 
15subject to threats, attacks, or acts of terrorism based on the 
16organization's profile, ideology, mission, or beliefs. 
17Eligible security improvements shall include all eligible 
18preparedness activities under the federal Nonprofit Security 
19Grant Program, including, but not limited to, physical 
20security upgrades, security training exercises, preparedness 
21training exercises, contracting with security personnel, and 
22any other security upgrades deemed eligible by the Director. 
23Eligible security improvements shall not duplicate, in part or 
24in whole, a project included under any awarded federal grant 
25or in a pending federal application. The Director shall 
26establish procedures and forms by which applicants may apply 
 
 
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1for a grant and procedures for distributing grants to 
2recipients. Any security improvements awarded shall remain at 
3the physical property listed in the grant application, unless 
4authorized by Agency rule or approved by the Agency in 
5writing. The procedures shall require each applicant to do the 
6following:
7  (1) identify and substantiate prior or current 
8 threats, attacks, or acts of terrorism against the 
9 not-for-profit organization;
10  (2) indicate the symbolic or strategic value of one or 
11 more sites that renders the site a possible target of a 
12 threat, attack, or act of terrorism;
13  (3) discuss potential consequences to the organization 
14 if the site is damaged, destroyed, or disrupted by a 
15 threat, attack, or act of terrorism;
16  (4) describe how the grant will be used to integrate 
17 organizational preparedness with broader State and local 
18 preparedness efforts, as described by the Agency in each 
19 Notice of Opportunity for Funding;
20  (5) submit (i) a vulnerability assessment conducted by 
21 experienced security, law enforcement, or military 
22 personnel, or conducted using an Agency-approved or 
23 federal Nonprofit Security Grant Program self-assessment 
24 tool, and (ii) a description of how the grant award will be 
25 used to address the vulnerabilities identified in the 
26 assessment; and
 
 
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1  (6) submit any other relevant information as may be 
2 required by the Director.
3 The Agency is authorized to use funds appropriated for the 
4grant program described in this subsection (g-5) to administer 
5the program. Any Agency Notice of Opportunity for Funding, 
6proposed or final rulemaking, guidance, training opportunity, 
7or other resource related to the grant program must be 
8published on the Agency's publicly available website, and any 
9announcements related to funding shall be shared with all 
10State legislative offices, the Governor's office, emergency 
11services and disaster agencies mandated or required pursuant 
12to subsections (b) through (d) of Section 10, and any other 
13State agencies as determined by the Agency. Subject to 
14appropriation, the grant application period shall be open for 
15no less than 45 calendar days during the first application 
16cycle each fiscal year, unless the Agency determines that a 
17shorter period is necessary to avoid conflicts with the annual 
18federal Nonprofit Security Grant Program funding cycle. 
19Additional application cycles may be conducted during the same 
20fiscal year, subject to availability of funds. Upon request, 
21Agency staff shall provide reasonable assistance to any 
22applicant in completing a grant application or meeting a 
23post-award requirement. 
24 In addition to any advance payment rules or procedures 
25adopted by the Agency, the Agency shall adopt rules or 
26procedures by which grantees under this subsection (g-5) may 
 
 
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1receive a working capital advance of initial start-up costs 
2and up to 2 months of program expenses, not to exceed 25% of 
3the total award amount, if, during the application process, 
4the grantee demonstrates a need for funds to commence a 
5project. The remaining funds must be paid through 
6reimbursement after the grantee presents sufficient supporting 
7documentation of expenditures for eligible activities. 
8 (g-10) Homeland Security Advisor.
9  (1) A Homeland Security Advisor shall be appointed by 
10 the Governor, by and with the advice and consent of the 
11 Senate, shall report to the Governor. The Homeland 
12 Security Advisor shall:
13   (A) advise the Governor or the Governor's 
14 designees on matters of homeland security and 
15 coordinate Illinois' homeland security and 
16 preparedness efforts across all levels of government, 
17 in order to protect the people and critical 
18 infrastructure of Illinois;
19   (B) coordinate a uniform and cooperative 
20 statewide, strategic response to homeland security 
21 threats as defined by, and in the sole discretion of, 
22 the Governor;
23   (C) coordinate and provide policy recommendations 
24 to the Governor and other State agencies on all 
25 matters pertaining to homeland security;
26   (D) utilize the expertise and assistance of all 
 
 
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1 State agencies, commissions, and boards to carry out 
2 their mission in support of the State's homeland 
3 security efforts; each State agency, commission, or 
4 board shall be required, to the extent not 
5 inconsistent with law, to cooperate with the Homeland 
6 Security Advisor; to facilitate a unified State 
7 strategy on matters of homeland security, all State 
8 agencies, boards, and commissions shall provide 
9 briefings to the Homeland Security Advisor regularly 
10 and upon request;
11   (E) serve as the State's primary liaison with all 
12 federal agencies pertaining to homeland security 
13 matters for the State;
14   (F) consistent with the United States Department 
15 of Homeland Security standard operating procedures and 
16 guidance, oversee and approve security clearance 
17 requests for State personnel sent to the federal 
18 government for final adjudication; coordinate with the 
19 Illinois State Police on such clearance requests for 
20 law enforcement personnel; this subparagraph (F) shall 
21 not apply to clearances issued by the Department of 
22 Defense; and
23   (G) perform other duties related to homeland 
24 security as directed by the Governor or the Governor's 
25 designees.
26  (2) A Deputy Homeland Security Advisor, reporting to 
 
 
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1 the Homeland Security Advisor, shall be recommended by the 
2 Homeland Security Advisor and appointed by the Governor by 
3 and with the advice and consent of the Senate. The Deputy 
4 Homeland Security Advisor shall:
5   (A) assume responsibilities of the Homeland 
6 Security Advisor as needed or directed by the Governor 
7 or Homeland Security Advisor;
8   (B) serve as the Deputy Director of the Office of 
9 Homeland Security within the Agency;
10   (C) develop and execute the State's unified 
11 homeland security strategy;
12   (D) serve as a representative of the Homeland 
13 Security Advisor and the Agency's Office of Homeland 
14 Security with all State agencies, commissions, and 
15 boards for matters pertaining to homeland security; 
16 and
17   (E) serve as a representative of the Homeland 
18 Security Advisor and State with all federal agencies 
19 for matters pertaining to homeland security.
20  (3) The Homeland Security Advisor or Deputy Homeland 
21 Security Advisor shall provide briefings to the Governor 
22 and Lieutenant Governor as directed.
23  (4) The Agency shall coordinate with and provide 
24 administrative support for the Homeland Security Advisor 
25 and house the State's Office of Homeland Security. The 
26 Director shall coordinate with the Homeland Security 
 
 
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1 Advisor to ensure the duties and actions of the Office of 
2 Homeland Security are aligned with the State's homeland 
3 security strategic goals and priorities.
4 (g-15) Homeland Security responsibilities of the Agency. 
5The Agency, through its Office of Homeland Security, shall:
6  (1) support the Homeland Security Advisor in the 
7 administration and coordination of homeland security and 
8 preparedness efforts across all levels of government to 
9 protect the people and critical infrastructure of 
10 Illinois;
11  (2) oversee, plan, and distribute State and federal 
12 funding for homeland security on the basis of risk, 
13 threat, and vulnerability to ensure the most effective use 
14 of limited resources, and guarantee that funds are used 
15 for appropriate and necessary purposes;
16  (3) review all proposed State legislation pertaining 
17 to homeland security matters and report to the Homeland 
18 Security Advisor about such proposed legislation; review 
19 existing legislation and recommend modifications, 
20 amendments, or initiatives to support or enhance the 
21 State's homeland security and preparedness capabilities;
22  (4) ensure the implementation of the strategic 
23 response and policy recommendations of the Governor and 
24 Homeland Security Advisor pertaining to all matters of 
25 homeland security;
26  (5) coordinate with all State agencies, commissions, 
 
 
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1 and boards, regarding matters of homeland security;
2  (6) coordinate with the Illinois State Police to 
3 provide the United States Department of Homeland Security 
4 with relevant reporting metrics and data pertaining to the 
5 State;
6  (7) develop, at the direction of the Homeland Security 
7 Advisor, and in cooperation with the Illinois State Police 
8 and other appropriate State agencies, appropriate 
9 protocols, staffing, training, and equipment guidelines 
10 for the weapons of mass destruction teams that the 
11 Governor, or the Governor's designee, may deploy in the 
12 event or threat of a disaster;
13  (8) lead the State's homeland security public 
14 education and risk communication messaging; and
15  (9) adopt rules necessary for the implementation of 
16 homeland security programs.
17 (g-20) Nuclear and radiation safety responsibilities of 
18the Agency. The Agency shall be responsible for nuclear and 
19radiation safety and shall:
20  (1) exercise, administer, and enforce all rights, 
21 powers, and duties for nuclear and radiation safety 
22 authorized in the Nuclear Safety Law of 2004 or successor 
23 statutes;
24  (2) develop a comprehensive emergency preparedness and 
25 response plan for any nuclear accident in accordance with 
26 Section 65 of the Nuclear Safety Law of 2004 and an 
 
 
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1 Illinois nuclear safety preparedness program in accordance 
2 with Section 8 of the Illinois Nuclear Safety Preparedness 
3 Act or successor statutes; and
4  (3) have the right to enter on public and private 
5 property in order to take environmental samples for 
6 response to a disaster that reasonably could have caused 
7 radioactive contamination.
8 (h) Donations and sponsorships. Except as provided in 
9Section 17.5 of this Act, any moneys received by the Agency 
10from donations or sponsorships unrelated to a disaster shall 
11be deposited in the Emergency Planning and Training Fund and 
12used by the Agency, subject to appropriation, to effectuate 
13planning and training activities. Any moneys received by the 
14Agency from donations during a disaster and intended for 
15disaster response or recovery shall be deposited into the 
16Disaster Response and Recovery Fund and used for disaster 
17response and recovery pursuant to the Disaster Relief Act. 
18 (i) Conference fees. The Illinois Emergency Management 
19Agency may, by rule, assess and collect reasonable fees for 
20attendance at Agency-sponsored conferences to enable the 
21Agency to carry out the requirements of this Act. Any moneys 
22received under this subsection shall be deposited in the 
23Emergency Planning and Training Fund and used by the Agency, 
24subject to appropriation, for planning and training 
25activities.
26 (j) Other grant-making powers. The Illinois Emergency 
 
 
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1Management Agency is authorized to make grants to other State 
2agencies, public universities, units of local government, and 
3statewide mutual aid organizations to enhance statewide 
4emergency preparedness and response. 
5 (k) Subject to appropriation from the Emergency Planning 
6and Training Fund, the Illinois Emergency Management Agency 
7and Office of Homeland Security shall obtain training services 
8and support for local emergency services and support for local 
9emergency services and disaster agencies for training, 
10exercises, and equipment related to carbon dioxide pipelines 
11and sequestration, and, subject to the availability of 
12funding, shall provide $5,000 per year to the Illinois Fire 
13Service Institute for first responder training required under 
14Section 4-615 of the Public Utilities Act. Amounts in the 
15Emergency Planning and Training Fund will be used by the 
16Illinois Emergency Management Agency and Office of Homeland 
17Security for administrative costs incurred in carrying out the 
18requirements of this subsection. To carry out the purposes of 
19this subsection, the Illinois Emergency Management Agency and 
20Office of Homeland Security may accept moneys from all 
21authorized sources into the Emergency Planning and Training 
22Fund, including, but not limited to, transfers from the Carbon 
23Dioxide Sequestration Administrative Fund and the Public 
24Utility Fund. 
25 (l) (k) The Agency shall do all other things necessary, 
26incidental, or appropriate for the implementation of this Act, 
 
 
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1including the adoption of rules in accordance with the 
2Illinois Administrative Procedure Act. 
3(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 
4102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. 
51-1-24; 103-588, eff. 1-1-25; 103-651, eff. 7-18-24; 103-999, 
6eff. 1-1-25; revised 10-9-24.)

7 (20 ILCS 3305/6) (from Ch. 127, par. 1056)
8 Sec. 6. Emergency management powers Management Powers of 
9the Governor. 
10 (a) The Governor shall have general direction and control 
11of the Illinois Emergency Management Agency and shall be 
12responsible for the carrying out of the provisions of this 
13Act.
14 (b) In performing duties under this Act, the Governor is 
15authorized to cooperate with the federal government and with 
16other states in all matters pertaining to emergency 
17management, nuclear and radiation safety, and homeland 
18security.
19 (c) In performing duties under this Act, the Governor is 
20further authorized: 
21  (1) To make, amend, and rescind all lawful necessary 
22 orders, rules, and regulations to carry out the provisions 
23 of this Act within the limits of the authority conferred 
24 upon the Governor. 
25  (2) To cause to be prepared a comprehensive plans plan 
 
 
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1 and programs program for the emergency management, nuclear 
2 and radiation safety, and homeland security of this State, 
3 which plans and programs plan and program shall be 
4 integrated into and coordinated with emergency management, 
5 nuclear and radiation safety, and homeland security plans 
6 and programs of the federal government and of other states 
7 whenever possible and which plans and programs plan and 
8 program may include: 
9   a. Mitigation of injury and damage caused by 
10 disaster. 
11   b. Prompt and effective response to disaster. 
12   c. Emergency relief. 
13   d. Identification of areas particularly vulnerable 
14 to disasters. 
15   e. Recommendations for zoning, building, and other 
16 land-use controls, safety measures for securing 
17 permanent structures, and other mitigation measures 
18 designed to eliminate or reduce disasters or their 
19 impact. 
20   f. Assistance to political subdivisions in 
21 designing emergency operations plans. 
22   g. Authorization and procedures for the erection 
23 or other construction of temporary works designed to 
24 mitigate danger, damage, or loss from flood, or other 
25 disaster. 
26   h. Preparation and distribution to the appropriate 
 
 
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1 State and political subdivision officials of a State 
2 catalog of federal, State, and private assistance 
3 programs. 
4   i. Organization of State personnel and chains of 
5 command. 
6   j. Coordination of federal, State, and political 
7 subdivision emergency management, nuclear and 
8 radiation safety, and homeland security activities. 
9   k. Other necessary matters. 
10  (3) In accordance with the plans plan and programs 
11 program for the emergency management, nuclear and 
12 radiation safety, and homeland security of this State, and 
13 out of funds appropriated for these purposes, to procure 
14 and preposition supplies, medicines, materials, and 
15 equipment, to institute training programs and public 
16 information programs, and to take all other preparatory 
17 steps including the partial or full mobilization of 
18 emergency services and disaster agencies in advance of 
19 actual disaster to insure the furnishing of adequately 
20 trained and equipped forces for disaster response and 
21 recovery. 
22  (4) Out of funds appropriated for these purposes, to 
23 make studies and surveys of the industries, resources, and 
24 facilities in this State as may be necessary to ascertain 
25 the capabilities of the State for emergency management 
26 phases of mitigation, preparedness, response, and recovery 
 
 
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1 and to plan for the most efficient emergency use thereof. 
2  (5) On behalf of this State, to negotiate for and 
3 submit to the General Assembly for its approval or 
4 rejection reciprocal mutual aid agreements or compacts 
5 with other states, either on a statewide or political 
6 subdivision basis. The agreements or compacts, shall be 
7 limited to the furnishing or exchange of food, clothing, 
8 medical, or other supplies; , engineering and police 
9 services; emergency housing and feeding; National and 
10 State Guards while under the control of the State; health, 
11 medical, and related services; and fire fighting, rescue, 
12 transportation, communication, and construction services 
13 and equipment, provided, however, that if the General 
14 Assembly be not in session and the Governor has not 
15 proclaimed the existence of a disaster under this Section, 
16 then the agreements or compacts shall instead be submitted 
17 to an Interim Committee on Emergency Management composed 
18 of 5 Senators appointed by the President of the Senate and 
19 of 5 Representatives appointed by the Speaker of the 
20 House, during the month of June of each odd-numbered year 
21 to serve for a 2-year 2 year term, beginning July 1 of that 
22 year, and until their successors are appointed and 
23 qualified, or until termination of their legislative 
24 service, whichever first occurs. Vacancies shall be filled 
25 by appointment for the unexpired term in the same manner 
26 as original appointments. All appointments shall be made 
 
 
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1 in writing and filed with the Secretary of State as a 
2 public record. The Committee shall have the power to 
3 approve or reject any agreements or compacts for and on 
4 behalf of the General Assembly; and, provided further, 
5 that an affirmative vote of 2/3 of the members of the 
6 Committee shall be necessary for the approval of any 
7 agreement or compact.
8(Source: P.A. 92-73, eff. 1-1-02.)

9 (20 ILCS 3305/7) (from Ch. 127, par. 1057)
10 Sec. 7. Emergency powers Powers of the Governor. In the 
11event of a disaster, as defined in Section 4, the Governor may, 
12by proclamation, declare that a disaster exists. Upon such 
13proclamation, the Governor shall have and may exercise for a 
14period not to exceed 30 days the following emergency powers; 
15provided, however, that the lapse of the emergency powers 
16shall not, as regards any act or acts occurring or committed 
17within the 30-day period, deprive any person, firm, 
18corporation, political subdivision, or body politic of any 
19right or rights to compensation or reimbursement which he, 
20she, it, or they may have under the provisions of this Act:
21  (1) To suspend the provisions of any regulatory 
22 statute prescribing procedures for conduct of State 
23 business, or the orders, rules, and regulations of any 
24 State agency, if strict compliance with the provisions of 
25 any statute, order, rule, or regulation would in any way 
 
 
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1 prevent, hinder, or delay necessary action, including 
2 emergency purchases, by the Illinois Emergency Management 
3 Agency, in coping with the disaster.
4  (2) To utilize all available resources of the State 
5 government as reasonably necessary to cope with the 
6 disaster and of each political subdivision of the State.
7  (3) To transfer the direction, personnel, or functions 
8 of State departments and agencies or units thereof for the 
9 purpose of performing or facilitating disaster response 
10 and recovery programs.
11  (4) On behalf of this State to take possession of, and 
12 to acquire full title or a lesser specified interest in, 
13 any personal property as may be necessary to accomplish 
14 the objectives set forth in Section 2 of this Act, 
15 including: airplanes, automobiles, trucks, trailers, 
16 buses, and other vehicles; coal, oils, gasoline, and other 
17 fuels and means of propulsion; explosives, materials, 
18 equipment, and supplies; animals and livestock; feed and 
19 seed; food and provisions for humans and animals; clothing 
20 and bedding; and medicines and medical and surgical 
21 supplies; and to take possession of and for a limited 
22 period occupy and use any real estate necessary to 
23 accomplish those objectives; but only upon the undertaking 
24 by the State to pay just compensation therefor as in this 
25 Act provided, and then only under the following 
26 provisions:
 
 
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1   a. The Governor, or the person or persons as the 
2 Governor may authorize so to do, may forthwith take 
3 possession of property for and on behalf of the State; 
4 provided, however, that the Governor or persons shall 
5 simultaneously with the taking, deliver to the owner 
6 or his or her agent, if the identity of the owner or 
7 agency is known or readily ascertainable, a signed 
8 statement in writing, that shall include the name and 
9 address of the owner, the date and place of the taking, 
10 description of the property sufficient to identify it, 
11 a statement of interest in the property that is being 
12 so taken, and, if possible, a statement in writing, 
13 signed by the owner, setting forth the sum that he or 
14 she is willing to accept as just compensation for the 
15 property or use. Whether or not the owner or agent is 
16 known or readily ascertainable, a true copy of the 
17 statement shall promptly be filed by the Governor or 
18 the person with the Director, who shall keep the 
19 docket of the statements. In cases where the sum that 
20 the owner is willing to accept as just compensation is 
21 less than $1,000, copies of the statements shall also 
22 be filed by the Director with, and shall be passed upon 
23 by an Emergency Management Claims Commission, 
24 consisting of 3 disinterested citizens who shall be 
25 appointed by the Governor, by and with the advice and 
26 consent of the Senate, within 20 days after the 
 
 
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1 Governor's declaration of a disaster, and if the sum 
2 fixed by them as just compensation be less than $1,000 
3 and is accepted in writing by the owner, then the State 
4 Treasurer out of funds appropriated for these 
5 purposes, shall, upon certification thereof by the 
6 Emergency Management Claims Commission, cause the sum 
7 so certified forthwith to be paid to the owner. The 
8 Emergency Management Claims Commission is hereby given 
9 the power to issue appropriate subpoenas and to 
10 administer oaths to witnesses and shall keep 
11 appropriate minutes and other records of its actions 
12 upon and the disposition made of all claims.
13   b. When the compensation to be paid for the taking 
14 or use of property or interest therein is not or cannot 
15 be determined and paid under item a of this paragraph 
16 (4), a petition in the name of The People of the State 
17 of Illinois shall be promptly filed by the Director, 
18 which filing may be enforced by mandamus, in the 
19 circuit court of the county where the property or any 
20 part thereof was located when initially taken or used 
21 under the provisions of this Act praying that the 
22 amount of compensation to be paid to the person or 
23 persons interested therein be fixed and determined. 
24 The petition shall include a description of the 
25 property that has been taken, shall state the physical 
26 condition of the property when taken, shall name as 
 
 
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1 defendants all interested parties, shall set forth the 
2 sum of money estimated to be just compensation for the 
3 property or interest therein taken or used, and shall 
4 be signed by the Director. The litigation shall be 
5 handled by the Attorney General for and on behalf of 
6 the State.
7   c. Just compensation for the taking or use of 
8 property or interest therein shall be promptly 
9 ascertained in proceedings and established by judgment 
10 against the State, that shall include, as part of the 
11 just compensation so awarded, interest at the rate of 
12 6% per annum on the fair market value of the property 
13 or interest therein from the date of the taking or use 
14 to the date of the judgment; and the court may order 
15 the payment of delinquent taxes and special 
16 assessments out of the amount so awarded as just 
17 compensation and may make any other orders with 
18 respect to encumbrances, rents, insurance, and other 
19 charges, if any, as shall be just and equitable.
20  (5) When required by the exigencies of the disaster, 
21 to sell, lend, rent, give, or distribute all or any part of 
22 property so or otherwise acquired to the inhabitants of 
23 this State, or to political subdivisions of this State, 
24 or, under the interstate mutual aid agreements or compacts 
25 as are entered into under the provisions of subparagraph 
26 (5) of paragraph (c) of Section 6 to other states, and to 
 
 
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1 account for and transmit to the State Treasurer all funds, 
2 if any, received therefor.
3  (6) To recommend the evacuation of all or part of the 
4 population from any stricken or threatened area within the 
5 State if the Governor deems this action necessary.
6  (7) To prescribe routes, modes of transportation, and 
7 destinations in connection with evacuation.
8  (8) To control ingress and egress to and from a 
9 disaster area, the movement of persons within the area, 
10 and the occupancy of premises therein.
11  (9) To suspend or limit the sale, dispensing, or 
12 transportation of alcoholic beverages, firearms, 
13 explosives, and combustibles.
14  (10) To make provision for the availability and use of 
15 temporary emergency housing.
16  (11) A proclamation of a disaster shall activate the 
17 State Emergency Operations Plan, and political subdivision 
18 emergency operations plans applicable to the political 
19 subdivision or area in question and be authority for the 
20 deployment and use of any forces that the plan or plans 
21 apply and for use or distribution of any supplies, 
22 equipment, and materials and facilities assembled, 
23 stockpiled, or arranged to be made available under this 
24 Act or any other provision of law relating to disasters.
25  (12) Control, restrict, and regulate by rationing, 
26 freezing, use of quotas, prohibitions on shipments, price 
 
 
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1 fixing, allocation, or other means, the use, sale, or 
2 distribution of food, feed, fuel, clothing, and other 
3 commodities, materials, goods, or services; and perform 
4 and exercise any other functions, powers, and duties as 
5 may be necessary to promote and secure the safety and 
6 protection of the civilian population.
7  (13) During the continuance of any disaster the 
8 Governor is commander-in-chief of the organized and 
9 unorganized militia and of all other forces available for 
10 emergency duty. To the greatest extent practicable, the 
11 Governor shall delegate or assign authority to the 
12 Director to manage, coordinate, and direct all resources 
13 by orders issued at the time of the disaster.
14  (14) Prohibit increases in the prices of goods and 
15 services during a disaster.
16(Source: P.A. 102-485, eff. 8-20-21.)

17 (20 ILCS 3305/8) (from Ch. 127, par. 1058)
18 Sec. 8. Mobile support teams Support Teams. 
19 (a) The Governor or Director may cause to be created 
20mobile support teams Mobile Support Teams to aid and to 
21reinforce the Illinois Emergency Management Agency, and 
22emergency services and disaster agencies in areas stricken by 
23disaster. Each mobile support team shall have a leader, 
24selected by the Director who will be responsible, under the 
25direction and control of the Director, for the organization, 
 
 
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1administration, and training, and operation of the mobile 
2support team.
3 (b) Personnel of a mobile support team while on duty 
4pursuant to such a call or while engaged in regularly 
5scheduled training or exercises, whether within or without the 
6State, shall either: 
7  (1) If they are paid employees of the State, have the 
8 powers, duties, rights, privileges, and immunities and 
9 receive the compensation incidental to their employment. 
10  (2) If they are paid employees of a political 
11 subdivision or body politic of this State, and whether 
12 serving within or without that political subdivision or 
13 body politic, have the powers, duties, rights, privileges, 
14 and immunities, and receive the compensation incidental to 
15 their employment. 
16  (3) If they are not employees of the State, political 
17 subdivision, or body politic, or being such employees, are 
18 not normally paid for their services, be entitled to at 
19 least one dollar per year compensation from the State.
20 Personnel of a mobile support team who suffer disease, 
21injury or death arising out of or in the course of emergency 
22duty, shall for the purposes of benefits under the Workers' 
23Compensation Act or Workers' Occupational Diseases Act only, 
24be deemed to be employees of this State. If the person 
25diseased, injured, or killed is an employee described in item 
26(3) above, the computation of benefits payable under either of 
 
 
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1those Acts shall be based on income commensurate with 
2comparable State employees doing the same type of work or 
3income from the person's regular employment, whichever is 
4greater.
5 All personnel of mobile support teams shall, while on duty 
6under such call, be reimbursed by this State for all actual and 
7necessary travel and subsistence expenses.
8 (c) The State shall reimburse each political subdivision 
9or body politic from the Disaster Response and Recovery Fund 
10for the compensation paid and the actual and necessary travel, 
11subsistence, and maintenance expenses of paid employees of the 
12political subdivision or body politic while serving, outside 
13of its geographic geographical boundaries pursuant to such a 
14call, as members of a mobile support team, and for all payments 
15made for death, disease, or injury of those paid employees 
16arising out of and incurred in the course of that duty, and for 
17all losses of or damage to supplies and equipment of the 
18political subdivision or body politic resulting from the 
19operations.
20 (d) Whenever mobile support teams or units of another 
21state, while the Governor has the emergency powers provided 
22for under Section 7 of this Act, render aid to this State under 
23the orders of the Governor of its home state and upon the 
24request of the Governor of this State, all questions relating 
25to reimbursement by this State to the other state and its 
26citizens in regard to the assistance so rendered shall be 
 
 
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1determined by the mutual aid agreements or interstate compacts 
2described in subparagraph (5) of paragraph (c) of Section 6 as 
3are existing at the time of the assistance rendered or are 
4entered into thereafter and under Section 303 (d) of the 
5Federal Civil Defense Act of 1950.
6 (e) No personnel of mobile support teams of this State may 
7be ordered by the Governor to operate in any other state unless 
8a request for the same has been made by the Governor or duly 
9authorized representative of the other state.
10(Source: P.A. 98-465, eff. 8-16-13.)

11 (20 ILCS 3305/10) (from Ch. 127, par. 1060)
12 Sec. 10. Emergency services and disaster agencies Services 
13and Disaster Agencies. 
14 (a) Each political subdivision within this State shall be 
15within the jurisdiction of and served by the Illinois 
16Emergency Management Agency and by an emergency services and 
17disaster agency responsible for emergency management programs. 
18A township, if the township is in a county having a population 
19of more than 2,000,000, must have approval of the county 
20coordinator before establishment of a township emergency 
21services and disaster agency.
22 (b) Unless multiple county emergency services and disaster 
23agency consolidation is authorized by the Illinois Emergency 
24Management Agency with the consent of the respective counties, 
25each county shall maintain an emergency services and disaster 
 
 
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1agency that has jurisdiction over and serves the entire 
2county, except as otherwise provided under this Act and except 
3that in any county with a population of over 3,000,000 
4containing a municipality with a population of over 500,000 
5the jurisdiction of the county agency shall not extend to the 
6municipality when the municipality has established its own 
7agency.
8 (c) Each municipality with a population of over 500,000 
9shall maintain an emergency services and disaster agency which 
10has jurisdiction over and serves the entire municipality. A 
11municipality with a population less than 500,000 may 
12establish, by ordinance, an agency or department responsible 
13for emergency management within the municipality's corporate 
14limits.
15 (d) The Governor shall determine which municipal 
16corporations, other than those specified in paragraph (c) of 
17this Section, need emergency services and disaster agencies of 
18their own and require that they be established and maintained. 
19The Governor shall make these determinations on the basis of 
20the municipality's disaster vulnerability and capability of 
21response related to population size and concentration. The 
22emergency services and disaster agency of a county or 
23township, shall not have a jurisdiction within a political 
24subdivision having its own emergency services and disaster 
25agency, but shall cooperate with the emergency services and 
26disaster agency of a city, village, or incorporated town 
 
 
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1within their borders. The Illinois Emergency Management Agency 
2shall publish and furnish a current list to the municipalities 
3required to have an emergency services and disaster agency 
4under this subsection.
5 (e) Each municipality that is not required to and does not 
6have an emergency services and disaster agency shall have a 
7liaison officer designated to facilitate the cooperation and 
8protection of that municipal corporation with the county 
9emergency services and disaster agency in which it is located 
10in the work of disaster mitigation, preparedness, response, 
11and recovery.
12 (f) The principal executive officer or his or her designee 
13of each political subdivision in the State shall annually 
14notify the Illinois Emergency Management Agency of the manner 
15in which the political subdivision is providing or securing 
16emergency management, identify the executive head of the 
17agency or the department from which the service is obtained, 
18or the liaison officer in accordance with subsection (e), 
19paragraph (d) of this Section and furnish additional 
20information relating thereto as the Illinois Emergency 
21Management Agency requires.
22 (g) Each emergency services and disaster agency shall 
23prepare an emergency operations plan for its geographic 
24boundaries that complies with planning, review, and approval 
25standards promulgated by the Illinois Emergency Management 
26Agency. The Illinois Emergency Management Agency shall 
 
 
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1determine which jurisdictions will be required to include 
2earthquake preparedness in their local emergency operations 
3plans.
4 (h) The emergency services and disaster agency shall 
5prepare and distribute to all appropriate officials in written 
6form a clear and complete statement of the emergency 
7responsibilities of all local departments and officials and of 
8the disaster chain of command.
9 (i) Each emergency services and disaster agency shall have 
10a Coordinator who shall be appointed by the principal 
11executive officer of the political subdivision in the same 
12manner as are the heads of regular governmental departments. 
13If the political subdivision is a county and the principal 
14executive officer appoints the sheriff as the Coordinator, the 
15sheriff may, in addition to his or her regular compensation, 
16receive additional compensation as provided for by the 
17political subdivision at the same level as provided in Section 
183-6037 of the Counties Code 3 of "An Act in relation to the 
19regulation of motor vehicle traffic and the promotion of 
20safety on public highways in counties", approved August 9, 
211951, as amended. The Coordinator shall have direct 
22responsibility for the organization, administration, training, 
23and operation of the emergency services and disaster agency, 
24subject to the direction and control of that principal 
25executive officer. Each emergency services and disaster agency 
26shall coordinate and may perform emergency management 
 
 
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1functions within the territorial limits of the political 
2subdivision within which it is organized as are prescribed in 
3and by the State Emergency Operations Plan, and programs, 
4orders, rules, and regulations as may be promulgated by the 
5Illinois Emergency Management Agency and by local ordinance 
6and, in addition, shall conduct such functions outside of 
7those territorial limits as may be required under mutual aid 
8agreements and compacts as are entered into under subparagraph 
9(5) of paragraph (c) of Section 6.
10 (j) In carrying out the provisions of this Act, each 
11political subdivision may enter into contracts and incur 
12obligations necessary to place it in a position effectively to 
13combat the disasters as are described in Section 4, to protect 
14the health and safety of persons, to protect property, and to 
15provide emergency assistance to victims of those disasters. If 
16a disaster occurs, each political subdivision may exercise the 
17powers vested under this Section in the light of the 
18exigencies of the disaster and, excepting mandatory 
19constitutional requirements, without regard to the procedures 
20and formalities normally prescribed by law pertaining to the 
21performance of public work, entering into contracts, the 
22incurring of obligations, the employment of temporary workers, 
23the rental of equipment, the purchase of supplies and 
24materials, and the appropriation, expenditure, and disposition 
25of public funds and property.
26 (k) Volunteers who, while engaged in a disaster, an 
 
 
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1exercise, training related to the emergency operations plan of 
2the political subdivision, or a search-and-rescue team 
3response to an occurrence or threat of injury or loss of life 
4that is beyond local response capabilities, suffer disease, 
5injury, or death, shall, for the purposes of benefits under 
6the Workers' Compensation Act or Workers' Occupational 
7Diseases Act only, be deemed to be employees of the State, if: 
8(1) the claimant is a duly qualified and enrolled (sworn in) as 
9a volunteer of the Illinois Emergency Management Agency or an 
10emergency services and disaster agency accredited by the 
11Illinois Emergency Management Agency, and (2) if: (i) the 
12claimant was participating in a disaster as defined in Section 
134 of this Act, (ii) the exercise or training participated in 
14was specifically and expressly approved by the Illinois 
15Emergency Management Agency prior to the exercise or training, 
16or (iii) the search-and-rescue team response was to an 
17occurrence or threat of injury or loss of life that was beyond 
18local response capabilities and was specifically and expressly 
19approved by the Illinois Emergency Management Agency prior to 
20the search-and-rescue team response. The computation of 
21benefits payable under either of those Acts shall be based on 
22the income commensurate with comparable State employees doing 
23the same type work or income from the person's regular 
24employment, whichever is greater.
25 Volunteers who are working under the direction of an 
26emergency services and disaster agency accredited by the 
 
 
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1Illinois Emergency Management Agency, pursuant to a plan 
2approved by the Illinois Emergency Management Agency (i) 
3during a disaster declared by the Governor under Section 7 of 
4this Act, or (ii) in circumstances otherwise expressly 
5approved by the Illinois Emergency Management Agency, shall be 
6deemed exclusively employees of the State for purposes of 
7Section 8(d) of the Court of Claims Act, provided that the 
8Illinois Emergency Management Agency may, in coordination with 
9the emergency services and disaster agency, audit 
10implementation for compliance with the plan. 
11 (l) If any person who is entitled to receive benefits 
12through the application of this Section receives, in 
13connection with the disease, injury, or death giving rise to 
14such entitlement, benefits under an Act of Congress or federal 
15program, benefits payable under this Section shall be reduced 
16to the extent of the benefits received under that other Act or 
17program. 
18(m) (1) Prior to conducting an exercise, the principal 
19executive officer of a political subdivision or his or her 
20designee shall provide area media with written notification of 
21the exercise. The notification shall indicate that information 
22relating to the exercise shall not be released to the public 
23until the commencement of the exercise. The notification shall 
24also contain a request that the notice be so posted to ensure 
25that all relevant media personnel are advised of the exercise 
26before it begins. 
 
 
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1 (2) During the conduct of an exercise, all messages, 2-way 
2two-way radio communications, briefings, status reports, news 
3releases, and other oral or written communications shall begin 
4and end with the following statement: "This is an exercise 
5message".
6(Source: P.A. 94-733, eff. 4-27-06.)

7 (20 ILCS 3305/12) (from Ch. 127, par. 1062)
8 Sec. 12. Testing of disaster warning devices Disaster 
9Warning Devices. The testing of disaster warning devices 
10including outdoor warning sirens shall be held only on the 
11first Tuesday of each month at 10 o'clock in the morning or 
12during exercises that are specifically and expressly approved 
13in advance by the Illinois Emergency Management Agency.
14(Source: P.A. 92-73, eff. 1-1-02.)

15 (20 ILCS 3305/14) (from Ch. 127, par. 1064)
16 Sec. 14. Communications. The Illinois Emergency Management 
17Agency shall ascertain what means exist for rapid and 
18efficient communications in times of disaster. The Illinois 
19Emergency Management Agency shall consider the desirability of 
20supplementing these communications resources or of integrating 
21them into a comprehensive State or State-Federal 
22telecommunications or other communications system or network. 
23In studying the character and feasibility of any system or its 
24several parts, the Illinois Emergency Management Agency shall 
 
 
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1evaluate the possibility of multipurpose use thereof for 
2general State and political subdivision purposes. The Illinois 
3Emergency Management Agency may promulgate rules to establish 
4policies and procedures relating to telecommunications and the 
5continuation of rapid and efficient communications in times of 
6disaster to the extent authorized by any provision of this Act 
7or other laws and regulations. The Illinois Emergency 
8Management Agency shall make recommendations to the Governor 
9as appropriate.
10(Source: P.A. 86-755; 87-168.)

11 (20 ILCS 3305/18) (from Ch. 127, par. 1068)
12 Sec. 18. Orders, rules, and regulations Rules and 
13Regulations. 
14 (a) The Governor shall file a copy of every rule, 
15regulation, or order, and any amendment thereof made by the 
16Governor under the provisions of this Act in the office of the 
17Secretary of State. Upon No rule, regulation or order, or any 
18amendment thereof shall be effective until 10 days after the 
19filing, provided, however, that upon the declaration of a 
20disaster by the Governor as is described in Section 7 the 
21provision relating to the effective date of any rule, 
22regulation, order, or amendment issued under this Act and 
23during the state of disaster is abrogated, and the rule, 
24regulation, order, or amendment shall become effective 
25immediately upon being filed with the Secretary of State 
 
 
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1accompanied by a certificate stating the reason as required by 
2the Illinois Administrative Procedure Act.
3 (b) Every emergency services and disaster agency 
4established pursuant to this Act and the coordinators thereof 
5shall execute and enforce the orders, rules and regulations as 
6may be made by the Governor under authority of this Act. Each 
7emergency services and disaster agency shall have available 
8for inspection at its office all orders, rules, and 
9regulations made by the Governor, or under the Governor's 
10authority. The Illinois Emergency Management Agency shall 
11publish furnish on the Agency's Department's website the 
12orders, rules, and regulations to each such emergency services 
13and disaster agency. Upon the written request of an emergency 
14services and or disaster agency, copies thereof shall be 
15mailed to the emergency services and or disaster agency. 
16(Source: P.A. 98-44, eff. 6-28-13.)

17 (20 ILCS 3305/20) (from Ch. 127, par. 1070)
18 Sec. 20. Oath Emergency Management Agency; personnel; 
19oath. Each person, whether compensated or noncompensated, who 
20is appointed to serve in any capacity in the Illinois 
21Emergency Management Agency and Office of Homeland Security or 
22an emergency services and disaster agency, shall, before 
23entering upon his or her duties, take an oath, in writing, 
24before the Director or before the coordinator of that 
25emergency services and disaster agency or before other persons 
 
 
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1authorized to administer oaths in this State, which oath shall 
2be filed with the Director or with the coordinator of the 
3emergency services and disaster agency with which he or she 
4shall serve and which oath shall be substantially as follows:
5 "I, _______________, do solemnly swear (or affirm) that I 
6will support and defend and bear true faith and allegiance to 
7the Constitution of the United States and the Constitution of 
8the State of Illinois, and the territory, institutions and 
9facilities thereof, both public and private, against all 
10enemies, foreign and domestic; that I take this obligation 
11freely, without any mental reservation or purpose of evasion; 
12and that I will well and faithfully discharge the duties upon 
13which I am about to enter. And I do further swear (or affirm) 
14that I do not advocate, nor am I, nor have I been a member of 
15any political party or organization that advocates the 
16overthrow of the government of the United States or of this 
17State by force or violence; and that during such time as I am 
18affiliated with the (name of political subdivision), I will 
19not advocate nor become a member of any political party or 
20organization that advocates the overthrow of the government of 
21the United States or of this State by force or violence."
22(Source: P.A. 92-73, eff. 1-1-02.)

23 (20 ILCS 3305/23)
24 (Section scheduled to be repealed on January 1, 2032)
25 Sec. 23. Access and Functional Needs Advisory Committee.
 
 
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1 (a) In this Section, "Advisory Committee" means the Access 
2and Functional Needs Advisory Committee.
3 (b) The Access and Functional Needs Advisory Committee is 
4created.
5 (c) The Advisory Committee shall:
6  (1) Coordinate meetings occurring, at a minimum, 3 
7 times each year, in addition to emergency meetings called 
8 by the chairperson of the Advisory Committee.
9  (2) Research and provide recommendations for 
10 identifying and effectively responding to the needs of 
11 persons with access and functional needs before, during, 
12 and after a disaster using an intersectional lens for 
13 equity.
14  (3) Provide recommendations to the Illinois Emergency 
15 Management Agency regarding how to ensure that persons 
16 with a disability are included in disaster strategies and 
17 emergency management plans, including updates and 
18 implementation of disaster strategies and emergency 
19 management plans.
20  (4) Review and provide recommendations for the 
21 Illinois Emergency Management Agency, and all relevant 
22 State agencies that are involved in drafting and 
23 implementing the Illinois Emergency Operation Plan, to 
24 integrate access and functional needs into State and local 
25 emergency plans.
26 (d) The Advisory Committee shall be composed of the 
 
 
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1Director of the Illinois Emergency Management Agency or his or 
2her designee, the Attorney General or his or her designee, the 
3Secretary of Human Services or his or her designee, the 
4Director of Aging or his or her designee, and the Director of 
5Public Health or his or her designee, together with the 
6following members appointed by the Governor on or before 
7January 1, 2022:
8  (1) Two members, either from a municipal or 
9 county-level emergency agency or a local emergency 
10 management coordinator.
11  (2) Nine members from the community of persons with a 
12 disability who represent persons with different types of 
13 disabilities, including, but not limited to, individuals 
14 with mobility and physical disabilities, hearing and 
15 visual disabilities, deafness or who are hard of hearing, 
16 blindness or who have low vision, mental health 
17 disabilities, and intellectual or developmental 
18 disabilities. Members appointed under this paragraph shall 
19 reflect a diversity of age, gender, race, and ethnic 
20 background.
21  (3) Four members who represent first responders from 
22 different geographic geographical regions around the 
23 State.
24 (e) Of those members appointed by the Governor, the 
25initial appointments of 6 members shall be for terms of 2 years 
26and the initial appointments of 5 members shall be for terms of 
 
 
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14 years. Thereafter, members shall be appointed for terms of 4 
2years. A member shall serve until his or her successor is 
3appointed and qualified. If a vacancy occurs in the Advisory 
4Committee membership, the vacancy shall be filled in the same 
5manner as the original appointment for the remainder of the 
6unexpired term. 
7 (f) After all the members are appointed, and annually 
8thereafter, they shall elect a chairperson from among the 
9members appointed under paragraph (2) of subsection (d).
10 (g) The initial meeting of the Advisory Committee shall be 
11convened by the Director of the Illinois Emergency Management 
12Agency no later than February 1, 2022.
13 (h) Advisory Committee members shall serve without 
14compensation.
15 (i) The Illinois Emergency Management Agency shall provide 
16administrative support to the Advisory Committee.
17 (j) The Advisory Committee shall prepare and deliver a 
18report to the General Assembly, the Governor's Office, and the 
19Illinois Emergency Management Agency by July 1, 2022, and 
20annually thereafter. The report shall include the following:
21  (1) Identification of core emergency management 
22 services that need to be updated or changed to ensure the 
23 needs of persons with a disability are met, and shall 
24 include disaster strategies in State and local emergency 
25 plans.
26  (2) Any proposed changes in State policies, laws, 
 
 
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1 rules, or regulations necessary to fulfill the purposes of 
2 this Act.
3  (3) Recommendations on improving the accessibility and 
4 effectiveness of disaster and emergency communication.
5  (4) Recommendations on comprehensive training for 
6 first responders and other frontline workers when working 
7 with persons with a disability during emergency situations 
8 or disasters, as defined in Section 4 of the Illinois 
9 Emergency Management Agency Act.
10  (5) Any additional recommendations regarding emergency 
11 management and persons with a disability that the Advisory 
12 Committee deems necessary.
13 (k) The annual report prepared and delivered under 
14subsection (j) shall be annually considered by the Illinois 
15Emergency Management Agency when developing new State and 
16local emergency plans or updating existing State and local 
17emergency plans.
18 (l) The Advisory Committee is dissolved and this Section 
19is repealed on January 1, 2032.
20(Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21; 
21103-154, eff. 6-30-23.)

22 (20 ILCS 3305/24 new)
23 Sec. 24. Illinois Homeland Security Advisory Council 
24(IL-HSAC).
25 (a) The Illinois Homeland Security Advisory Council 
 
 
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1(IL-HSAC) is hereby created.
2 (b) The IL-HSAC shall report directly to the Homeland 
3Security Advisor, who shall serve as the Chairperson.
4 (c) The Deputy Homeland Security Advisor shall serve as 
5Vice-Chair.
6 (d) The Homeland Security Advisor may appoint a Chair Pro 
7Tempore to oversee the daily operations and administrative 
8responsibilities of the IL-HSAC.
9 (e) The Homeland Security Advisor shall, with approval of 
10the Governor, modify the structure of the IL-HSAC as 
11appropriate and consistent with this Section.
12 (f) The IL-HSAC shall submit an annual report to the 
13Governor by March 1 of each year. The report shall detail the 
14activities, accomplishments, and recommendations of the 
15IL-HSAC in the preceding year.
16 (g) The Agency shall provide administrative support for 
17the IL-HSAC.
18 (h) Entities may be appointed to IL-HSAC with nomination 
19by the Homeland Security Advisor and approval by the Governor.
20 (i) The IL-HSAC shall have the following powers and 
21duties:
22  (1) The IL-HSAC shall serve as the State Advisory 
23 Committee with respect to funds received through the 
24 federal Homeland Security Grant Program. In that capacity, 
25 the IL-HSAC shall provide recommendations to the Homeland 
26 Security Advisor on issues related to the application for 
 
 
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1 and use of all appropriate federal funding that relates to 
2 preventing, protecting against, mitigating, responding to 
3 and recovering from acts of terrorism and other threats.
4  (2) The IL-HSAC shall provide recommendations to the 
5 Homeland Security Advisor on the following:
6   (A) appropriate training of local, regional, and 
7 state officials to respond to terrorist incidents 
8 involving conventional, chemical, biological, and 
9 nuclear weapons;
10   (B) applications for and use of all appropriate 
11 State and other funds as may be appropriate and 
12 available relating to homeland security;
13   (C) public safety preparedness and mutual aid to 
14 include strategies and tactics to coordinate 
15 multi-agency response to significant events, such as 
16 acts of terrorism or natural disasters, where 
17 coordination of local, State, and private resources is 
18 necessary;
19   (D) coordination of public safety resources and 
20 combating terrorism in Illinois; and
21   (E) any changes needed in State statutes, 
22 administrative rules, or in the Illinois Emergency 
23 Operations Plan.

24 (20 ILCS 3305/25 new)
25 Sec. 25. Statewide Interoperability Coordinator.
 
 
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1 (a) The Statewide Interoperability Coordinator is hereby 
2created as a position within the Agency's Office of Homeland 
3Security.
4 (b) The duties and responsibilities of the Statewide 
5Interoperability Coordinator shall be as follows:
6  (1) The Statewide Interoperability Coordinator shall 
7 serve as the central coordination point for the State's 
8 communications interoperability and shall assist with 
9 mediation between State and local agencies to achieve an 
10 interoperable communications system.
11  (2) The Statewide Interoperability Coordinator shall 
12 develop and disseminate best practices for public safety 
13 communications interoperability.
14  (3) The Statewide Interoperability Coordinator shall 
15 advise the Homeland Security Advisor and Deputy Director 
16 of the Agency's Office of Homeland Security on public 
17 safety communications interoperability.
18  (4) The Statewide Interoperability Coordinator shall 
19 serve as a member of the Statewide Interoperability 
20 Executive Committee or its successor entity and may act on 
21 behalf of the Statewide Interoperability Executive 
22 Committee.
23  (5) The Statewide Interoperability Coordinator shall 
24 recommend regulatory changes relating to public safety 
25 communications and interoperability activities in 
26 partnership with 9-1-1 administrators, operators of 
 
 
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1 statewide radio systems, emergency management 
2 coordinators, and relevant State agencies.
3  (6) The Statewide Interoperability Coordinator shall 
4 identify funding opportunities for planned 
5 interoperability improvements and coordinate efforts to 
6 provide funding.
7  (7) The Statewide Interoperability Coordinator shall 
8 advise on the issuance of grants related to public safety 
9 and for interoperability communication.
10  (8) The Statewide Interoperability Coordinator shall 
11 engage stakeholders to coordinate the Statewide 
12 Communications Interoperability Plan.
13  (9) The Statewide Interoperability Coordinator shall 
14 represent the State in national, regional, and local 
15 efforts to plan and implement changes needed to achieve 
16 interoperability and continuity of communications for 
17 emergency responders.
18  (10) The Statewide Interoperability Coordinator shall 
19 develop and implement the strategic program for all public 
20 safety communications and interoperability activities in 
21 partnership with 9-1-1 administrators, operators of 
22 statewide radio systems, emergency management 
23 coordinators, and the State Administrative Agency.

24 Section 95. No acceleration or delay. Where this Act makes 
25changes in a statute that is represented in this Act by text 
 
 
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