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HB5206 - 104th General Assembly

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HB5206 Engrossed
LRB104 18338 BDA 31778 b
1

AN ACT concerning State government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Civil Administrative Code of Illinois is
5
amended by changing Sections 5-15, 5-20, and 5-160 as follows:

6

(20 ILCS 5/5-15)

(was 20 ILCS 5/3)
7

Sec. 5-15.
Departments of State government.
The
8
Departments of State government are created as follows:
9

The Department on Aging.
10

The Department of Agriculture.
11

The Department of Central Management Services.
12

The Department of Children and Family Services.
13

The Department of Commerce and Economic Opportunity.
14

The Department of Corrections.
15

The Department of Early Childhood.
16

The Department of Employment Security.
17

The Illinois Emergency Management Agency
and Office of
18

Homeland Security
.
19

The Department of Financial and Professional
20

Regulation.
21

The Department of Healthcare and Family Services.
22

The Department of Human Rights.
23

The Department of Human Services.

HB5206 Engrossed
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1

The Department of Innovation and Technology.
2

The Department of Insurance.
3

The Department of Juvenile Justice.
4

The Department of Labor.
5

The Department of the Lottery.
6

The Department of Natural Resources.
7

The Department of Public Health.
8

The Department of Revenue.
9

The Illinois State Police.
10

The Department of Transportation.
11

The Department of Veterans Affairs.
12
(Source: P.A. 103-594, eff. 6-25-24; 104-234, eff. 8-15-25.)

13

(20 ILCS 5/5-20)

(was 20 ILCS 5/4)
14

Sec. 5-20.
Heads of departments.
Each department shall
15
have an officer as its head who shall be known as director or
16
secretary and who shall, subject to the provisions of the
17
Civil Administrative Code of Illinois, execute the powers and
18
discharge the duties vested by law in his or her respective
19
department.
20

The following officers are hereby created:
21

Director of Aging, for the Department on Aging.
22

Director of Agriculture, for the Department of
23

Agriculture.
24

Director of Central Management Services, for the
25

Department of Central Management Services.

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1

Director of Children and Family Services, for the
2

Department of Children and Family Services.
3

Director of Commerce and Economic Opportunity, for the
4

Department of Commerce and Economic Opportunity.
5

Director of Corrections, for the Department of
6

Corrections.
7

Director of the Illinois Emergency Management Agency
8

and Office of Homeland Security
, for the Illinois
9

Emergency Management Agency
and Office of Homeland
10

Security
.
11

Secretary of Early Childhood, for the Department of
12

Early Childhood.
13

Director of Employment Security, for the Department of
14

Employment Security.
15

Secretary of Financial and Professional Regulation,
16

for the Department of Financial and Professional
17

Regulation.
18

Director of Healthcare and Family Services, for the
19

Department of Healthcare and Family Services.
20

Director of Human Rights, for the Department of Human
21

Rights.
22

Secretary of Human Services, for the Department of
23

Human Services.
24

Secretary of Innovation and Technology, for the
25

Department of Innovation and Technology.
26

Director of Insurance, for the Department of

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1

Insurance.
2

Director of Juvenile Justice, for the Department of
3

Juvenile Justice.
4

Director of Labor, for the Department of Labor.
5

Director of the Lottery, for the Department of the
6

Lottery.
7

Director of Natural Resources, for the Department of
8

Natural Resources.
9

Director of Public Health, for the Department of
10

Public Health.
11

Director of Revenue, for the Department of Revenue.
12

Director of the Illinois State Police, for the
13

Illinois State Police.
14

Secretary of Transportation, for the Department of
15

Transportation.
16

Director of Veterans Affairs, for the Department of
17

Veterans Affairs.
18
(Source: P.A. 103-594, eff. 6-25-24; 104-234, eff. 8-15-25.)

19

(20 ILCS 5/5-160)

(was 20 ILCS 5/5.13h)
20

Sec. 5-160.
In the
Illinois
Emergency Management Agency
21
and Office of Homeland Security
.
Assistant Director of the
22
Illinois
Emergency Management Agency
and Office of Homeland
23
Security
.
24
(Source: P.A. 93-1029, eff. 8-25-04.)

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1

Section 10.
The Illinois Emergency Management Agency Act
2
is amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 8, 10, 12,
3
14, 18, 20, and 23 and by adding Section 5.5 as follows:

4

(20 ILCS 3305/1)

(from Ch. 127, par. 1051)
5

Sec. 1.
Short Title.
This Act may be cited as the
Illinois
6
Emergency Management
and Homeland Security

Agency
Act.
7
(Source: P.A. 87-168.)

8

(20 ILCS 3305/2)

(from Ch. 127, par. 1052)
9

Sec. 2.
Policy and Purposes.
10

(a) Because of the possibility of the occurrence of
11
disasters of unprecedented size and destructiveness resulting
12
from the explosion in this or in neighboring states of atomic
13
or other means from without or by means of sabotage or other
14
disloyal actions within, or from fire, flood, earthquake,
15
telecommunications failure, or other natural or technological
16
causes, and in order to insure that this State will be prepared
17
to and will adequately deal with any disasters, preserve the
18
lives and property of the people of this State and protect the
19
public peace, health, and safety in the event of a disaster, it
20
is found and declared to be necessary:

21

(1) To create
a State emergency management and
22

homeland security agency

an Illinois Emergency Management
23

Agency
and to authorize emergency management programs
24

within the political subdivisions of the State.

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1

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

executive officer of the political subdivisions of the
3

State the powers provided herein.

4

(3) To provide for the rendering of mutual aid among
5

the political subdivisions and taxing districts of the
6

State and with other states and with respect to the
7

carrying out of
an
emergency management
and homeland
8

security programs

program
.
9

(b) It is further declared to be the purpose of this Act
10
and the policy of the State that all emergency management
and
11
homeland security
programs of this State be coordinated to the
12
maximum extent with the comparable programs of the federal
13
government, including its various departments and agencies, of
14
other states and localities and private agencies of every
15
type, to the end that the most effective preparation and use
16
may be made of the nation's resources and facilities for
17
dealing with any disaster that may occur.
18
(Source: P.A. 87-168; 88-606, eff. 1-1-95.)

19

(20 ILCS 3305/3)

(from Ch. 127, par. 1053)
20

Sec. 3.
Limitations.
Nothing in this Act shall be
21
construed to:
22

(a) Interfere with the course or conduct of a labor
23
dispute, except that actions otherwise authorized by this Act
24
or other laws may be taken when necessary to mitigate imminent
25
or existing danger to public health or safety;

HB5206 Engrossed
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1

(b) Interfere with dissemination of news or comment of
2
public affairs; but any communications facility or
3
organization (including but not limited to radio and
4
television stations, wire services, and newspapers) may be
5
requested to transmit or print public service messages
6
furnishing information or instructions in connection with a
7
disaster;
8

(c) Affect the jurisdiction or responsibilities of police
9
forces, fire fighting forces, units of the armed forces of the
10
United States, or of any personnel thereof, when on active
11
duty; but State and political subdivision emergency operations
12
plans shall place reliance upon the forces available for
13
performance of functions related to emergency management
and
14
homeland security
;
15

(d) Limit, modify, or abridge the authority of the
16
Governor to proclaim martial law or exercise any other powers
17
vested in the Governor under the constitution, statutes, or
18
common law of this State, independent of or in conjunction
19
with any provisions of this Act; limit any home rule unit; or
20
prohibit any contract or association pursuant to Article VII,
21
Section 10 of the Illinois Constitution.
22
(Source: P.A. 92-73, eff. 1-1-02.)

23

(20 ILCS 3305/4)

(from Ch. 127, par. 1054)
24

Sec. 4.
Definitions.
As used in this Act, unless the
25
context clearly indicates otherwise, the following words and

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1
terms have the meanings ascribed to them in this Section:
2

"Coordinator" means the staff assistant to the principal
3
executive officer of a political subdivision with the duty of
4
coordinating the emergency management programs of that
5
political subdivision.
6

"Cyber incident" means an event occurring on or conducted
7
through a computer network that actually or imminently
8
jeopardizes the integrity, confidentiality, or availability of
9
computers, information or communications systems or networks,
10
physical or virtual infrastructure controlled by computers or
11
information systems, or information resident thereon that
12
affect or control infrastructure or communications networks
13
utilized by the public. "Cyber incident" includes a
14
vulnerability in information systems, system security
15
procedures, internal controls, or implementations that could
16
be exploited by a threat source that affect or control
17
infrastructure or communications networks utilized by the
18
public.
19

"Disaster" means an occurrence or threat of widespread or
20
severe damage, injury or loss of life or property resulting
21
from any natural, technological, or human cause, including but
22
not limited to fire, flood, earthquake, wind, storm, hazardous
23
materials spill or other water contamination requiring
24
emergency action to avert danger or damage, epidemic, air
25
contamination, blight, extended periods of severe and
26
inclement weather, drought, infestation, critical shortages of

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1
essential fuels and energy, explosion, riot, hostile military
2
or paramilitary action, public health emergencies, cyber
3
incidents, or acts of domestic terrorism.
4

"Emergency Management" means the efforts of the State and
5
the political subdivisions to develop, plan, analyze, conduct,
6
provide, implement and maintain programs for disaster
7
mitigation, preparedness, response and recovery.
8

"Emergency Services and Disaster Agency" means the agency
9
by this name, by the name Emergency Management Agency, or by
10
any other name that is established by ordinance within a
11
political subdivision to coordinate the emergency management
12
program within that political subdivision and with private
13
organizations, other political subdivisions, the State and
14
federal governments.
15

"Emergency Operations Plan" means the written plan of the
16
State and political subdivisions describing the organization,
17
mission, and functions of the government and supporting
18
services for responding to and recovering from disasters and
19
shall include plans that take into account the needs of those
20
individuals with household pets and service animals following
21
a major disaster or emergency.
22

"Emergency Services" means the coordination of functions
23
by the State and its political
subdivisions

subdivision
, other
24
than functions for which military forces are primarily
25
responsible, as may be necessary or proper to prevent,
26
minimize, repair, and alleviate injury and damage resulting

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1
from any natural or technological causes. These functions
2
include, without limitation, fire fighting services, police
3
services, emergency aviation services, medical and health
4
services, HazMat and technical rescue teams, rescue,
5
engineering, warning services, communications, radiological,
6
chemical and other special weapons defense, evacuation of
7
persons from stricken or threatened areas, emergency assigned
8
functions of plant protection, temporary restoration of public
9
utility services and other functions related to civilian
10
protection, together with all other activities necessary or
11
incidental to protecting life or property.
12

"Exercise" means
an event or activity delivered through
13
discussion or action to develop, assess, or validate
14
capabilities to achieve planned objectives

a planned event
15
realistically simulating a disaster, conducted for the purpose
16
of evaluating the political subdivision's coordinated
17
emergency management capabilities, including, but not limited
18
to, testing the emergency operations plan
.
19

"HazMat team" means a career or volunteer mobile support
20
team that has been authorized by a unit of local government to
21
respond to hazardous materials emergencies and that is
22
primarily designed for emergency response to chemical or
23
biological terrorism, radiological emergencies, hazardous
24
material spills, releases, or fires, or other contamination
25
events.
26

"Illinois Emergency Management Agency
and Office of

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1
Homeland Security" or "Agency
" means the agency established by
2
this Act within the executive branch of State Government
3
responsible for coordination of the overall emergency
4
management
and homeland security programs

program
of the State
5
and with private organizations, political subdivisions, and
6
the federal government. Illinois Emergency Management Agency
7
and Office of Homeland Security
also means the State Emergency
8
Response Commission responsible for the implementation of
9
Title III of the Superfund Amendments and Reauthorization Act
10
of 1986.
11

"Incident" means a disaster that does not rise to the
12
level of a Governor-issued proclamation.
13

"Mobile Support Team" or "MST" means a group of
14
individuals designated as a team by the Governor or Director
15
to train prior to and to be activated, if the Governor or the
16
Director so determines, to aid and reinforce the State and
17
political subdivision emergency management efforts in response
18
to an incident, disaster, federally declared national special
19
security event, or other large public event.
20

"Municipality" means any city, village, and incorporated
21
town.
22

"Political Subdivision" means any county, city, village,
23
or incorporated town or township if the township is in a county
24
having a population of more than 2,000,000.
25

"Principal Executive Officer" means chair of the county
26
board, supervisor of a township if the township is in a county

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1
having a population of more than 2,000,000, mayor of a city or
2
incorporated town, president of a village, or in their absence
3
or disability, the interim successor as established under
4
Section 7 of the Emergency Interim Executive Succession Act.
5

"Public health emergency" means an occurrence or imminent
6
threat of an illness or health condition that:
7

(a) is believed to be caused by any of the following:
8

(i) bioterrorism;
9

(ii) the appearance of a novel or previously
10

controlled or eradicated infectious agent or
11

biological toxin;
12

(iii) a natural disaster;
13

(iv) a chemical attack or accidental release; or
14

(v) a nuclear attack or accident; and
15

(b) poses a high probability of any of the following
16

harms:
17

(i) a large number of deaths in the affected
18

population;
19

(ii) a large number of serious or long-term
20

disabilities in the affected population; or
21

(iii) widespread exposure to an infectious or
22

toxic agent that poses a significant risk of
23

substantial future harm to a large number of people in
24

the affected population.
25

"Statewide mutual aid organization" means an entity with
26
local government members throughout the State that facilitates

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1
temporary assistance through its members in a particular
2
public safety discipline, such as police, fire or emergency
3
management, when an occurrence exceeds a member jurisdiction's
4
capabilities.
5

"Statewide Interoperability Coordinator" or "SWIC" means
6
the position created in the Agency under Section 5.5 of this
7
Act.
8

"Technical rescue team" means a career or volunteer mobile
9
support team that has been authorized by a unit of local
10
government to respond to building collapse, high angle rescue,
11
and other specialized rescue emergencies and that is primarily
12
designated for emergency response to technical rescue events.
13
(Source: P.A. 104-418, eff. 1-1-26
.)

14

(20 ILCS 3305/5)

(from Ch. 127, par. 1055)
15

Sec. 5.
Illinois Emergency Management Agency
and Office of
16
Homeland Security
.
17

(a) There is created within the executive branch of the
18
State Government an Illinois Emergency Management Agency
and
19
Office of Homeland Security
and a Director of the Illinois
20
Emergency Management Agency
and Office of Homeland Security
,
21
herein called the "Director" who shall be the head thereof.
22
The Director shall be appointed by the Governor, with the
23
advice and consent of the Senate, and shall serve for a term of
24
2 years beginning on the third Monday in January of the
25
odd-numbered year, and until a successor is appointed and has

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1
qualified
; except that the term of the first Director
2
appointed under this Act shall expire on the third Monday in
3
January, 1989
. The Director shall not hold any other
4
remunerative public office.
For terms beginning after January
5
18, 2019 (the effective date of Public Act 100-1179) and
6
before January 16, 2023, the annual salary of the Director
7
shall be as provided in Section 5-300 of the Civil
8
Administrative Code of Illinois.
Notwithstanding any other
9
provision of law, for terms beginning on or after January 16,
10
2023, the Director shall receive an annual salary of $180,000
11
or as set by the Governor, whichever is higher. On July 1,
12
2023, and on each July 1 thereafter, the Director shall
13
receive an increase in salary based on a cost of living
14
adjustment as authorized by Senate Joint Resolution 192 of the
15
86th General Assembly.
16

For terms beginning on or after January 16, 2023, the
17
Assistant Director of the
Illinois Emergency Management
Agency
18
shall receive an annual salary of $156,600 or as set by the
19
Governor, whichever is higher. On July 1, 2023, and on each
20
July 1 thereafter, the Assistant Director shall receive an
21
increase in salary based on a cost of living adjustment as
22
authorized by Senate Joint Resolution 192 of the 86th General
23
Assembly.
24

(b) The
Illinois Emergency Management
Agency shall obtain,
25
under the provisions of the Personnel Code, technical,
26
clerical, stenographic and other administrative personnel, and

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1
may make expenditures within the appropriation therefor as may
2
be necessary to carry out the purpose of this Act.
The agency
3
created by this Act is intended to be a successor to the agency
4
created under the Illinois Emergency Services and Disaster
5
Agency Act of 1975 and the personnel, equipment, records, and
6
appropriations of that agency are transferred to the successor
7
agency as of June 30, 1988 (the effective date of this Act).
8

(c) The Director, subject to the direction and control of
9
the Governor, shall be the executive head of the
Illinois
10
Emergency Management
Agency and the State Emergency Response
11
Commission and shall be responsible under the direction of the
12
Governor, for carrying out the
programs

program
for emergency
13
management
, nuclear and radiation safety, and homeland
14
security
of this State. The Director shall also maintain
15
liaison and cooperate with the emergency management
, nuclear
16
and radiation safety, and homeland security
organizations of
17
this State and other states and of the federal government.
18

(d) The
Illinois Emergency Management
Agency shall take an
19
integral part in the development and revision of political
20
subdivision emergency operations plans prepared under
21
paragraph (f) of Section 10. To this end it shall employ or
22
otherwise secure the services of professional and technical
23
personnel capable of providing expert assistance to the
24
emergency services and disaster agencies. These personnel
25
shall consult with emergency services and disaster agencies on
26
a regular basis and shall make field examinations of the

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1
areas, circumstances, and conditions that particular political
2
subdivision emergency operations plans are intended to apply.
3

(e) The
Illinois Emergency Management
Agency and political
4
subdivisions shall be encouraged to form an emergency
5
management advisory committee composed of private and public
6
personnel representing the emergency management phases of
7
mitigation, preparedness, response, and recovery. The Local
8
Emergency Planning Committee, as created under the Illinois
9
Emergency Planning and Community Right to Know Act, shall
10
serve as an advisory committee to the emergency services and
11
disaster agency or agencies serving within the boundaries of
12
that Local Emergency Planning Committee planning district for:
13

(1) the development of emergency operations plan
14

provisions for hazardous chemical emergencies; and
15

(2) the assessment of emergency response capabilities
16

related to hazardous chemical emergencies.
17

(f) The
Illinois Emergency Management
Agency shall:
18

(1) Coordinate the overall emergency management
,
19

nuclear and radiation safety, and homeland security
20

programs

program
of the State.
21

(2) Cooperate with local governments, the federal
22

government, and any public or private agency or entity in
23

achieving any purpose of this Act and in implementing
24

emergency management programs for mitigation,
25

preparedness, response, and recovery.
26

(2.5) Develop a comprehensive emergency preparedness

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1

and response plan for any nuclear accident in accordance
2

with Section 65 of the Nuclear Safety Law of 2004 and in
3

development of the Illinois Nuclear Safety Preparedness
4

program in accordance with Section 8 of the Illinois
5

Nuclear Safety Preparedness Act.
6

(2.6) Coordinate with the Department of Public Health
7

with respect to planning for and responding to public
8

health emergencies.
9

(3) Prepare, for issuance by the Governor, executive
10

orders, proclamations, and regulations as necessary or
11

appropriate in coping with disasters.
12

(4) Promulgate rules and requirements for political
13

subdivision emergency operations plans that are not
14

inconsistent with and are at least as stringent as
15

applicable federal laws and regulations.
16

(5) Review and approve, in accordance with
Illinois
17

Emergency Management
Agency rules, emergency operations
18

plans for those political subdivisions required to have an
19

emergency services and disaster agency pursuant to this
20

Act.
21

(5.5) Promulgate rules and requirements for the
22

political subdivision emergency management exercises,
23

including, but not limited to, exercises of the emergency
24

operations plans.
25

(5.10) Review, evaluate, and approve, in accordance
26

with
Illinois Emergency Management
Agency rules, political

HB5206 Engrossed
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LRB104 18338 BDA 31778 b
1

subdivision emergency management exercises for those
2

political subdivisions required to have an emergency
3

services and disaster agency pursuant to this Act.
4

(6) Determine requirements of the State and its
5

political subdivisions for food, clothing, and other
6

necessities in event of a disaster.
7

(7) Establish a register of persons with types of
8

emergency management training and skills in mitigation,
9

preparedness, response, and recovery.
10

(8) Establish a register of government and private
11

response resources available for use in a disaster.
12

(9) Expand the Earthquake Awareness Program and its
13

efforts to distribute earthquake preparedness materials to
14

schools, political subdivisions, community groups, civic
15

organizations, and the media. Emphasis will be placed on
16

those areas of the State most at risk from an earthquake.
17

Maintain the list of all school districts, hospitals,
18

airports, power plants, including nuclear power plants,
19

lakes, dams, emergency response facilities of all types,
20

and all other major public or private structures which are
21

at the greatest risk of damage from earthquakes under
22

circumstances where the damage would cause subsequent harm
23

to the surrounding communities and residents.
24

(10) Disseminate all information, completely and
25

without delay, on water levels for rivers and streams and
26

any other data pertaining to potential flooding supplied

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1

by the Division of Water Resources within the Department
2

of Natural Resources to all political subdivisions to the
3

maximum extent possible.
4

(11) Develop agreements, if feasible, with medical
5

supply and equipment firms to supply resources as are
6

necessary to respond to an earthquake or any other
7

disaster as defined in this Act. These resources will be
8

made available upon notifying the vendor of the disaster.
9

Payment for the resources will be in accordance with
10

Section 7 of this Act. The Illinois Department of Public
11

Health shall determine which resources will be required
12

and requested.
13

(11.5) In coordination with the Illinois State Police,
14

develop and implement a community outreach program to
15

promote awareness among the State's parents and children
16

of child abduction prevention and response.
17

(12) Out of funds appropriated for these purposes,
18

award capital and non-capital grants to Illinois hospitals
19

or health care facilities located outside of a city with a
20

population in excess of 1,000,000 to be used for purposes
21

that include, but are not limited to, preparing to respond
22

to mass casualties and disasters, maintaining and
23

improving patient safety and quality of care, and
24

protecting the confidentiality of patient information. No
25

single grant for a capital expenditure shall exceed
26

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

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1

shall exceed $100,000. In awarding such grants, preference
2

shall be given to hospitals that serve a significant
3

number of Medicaid recipients, but do not qualify for
4

disproportionate share hospital adjustment payments under
5

the Illinois Public Aid Code. To receive such a grant, a
6

hospital or health care facility must provide funding of
7

at least 50% of the cost of the project for which the grant
8

is being requested. In awarding such grants the
Illinois
9

Emergency Management
Agency shall consider the
10

recommendations of the Illinois Hospital Association.
11

(13) Do all other things necessary, incidental or
12

appropriate for the implementation of this Act.
13

(g) The
Illinois Emergency Management
Agency is authorized
14
to make grants to various higher education institutions,
15
public K-12 school districts, area vocational centers as
16
designated by the State Board of Education, inter-district
17
special education cooperatives, regional safe schools, and
18
nonpublic K-12 schools for safety and security improvements.
19
For the purpose of this subsection (g), "higher education
20
institution" means a public university, a public community
21
college, or an independent, not-for-profit or for-profit
22
higher education institution located in this State. Grants
23
made under this subsection (g) shall be paid out of moneys
24
appropriated for that purpose from the Build Illinois Bond
25
Fund. The
Illinois Emergency Management
Agency shall adopt
26
rules to implement this subsection (g). These rules may

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1
specify: (i) the manner of applying for grants; (ii) project
2
eligibility requirements; (iii) restrictions on the use of
3
grant moneys; (iv) the manner in which the various higher
4
education institutions must account for the use of grant
5
moneys; and (v) any other provision that the
Illinois
6
Emergency Management
Agency determines to be necessary or
7
useful for the administration of this subsection (g).
8

(g-5) The
Illinois Emergency Management
Agency is
9
authorized to make grants to not-for-profit organizations
10
which are exempt from federal income taxation under section
11
501(c)(3) of the Federal Internal Revenue Code for eligible
12
security improvements that assist the organization in
13
preventing, preparing for, or responding to threats, attacks,
14
or acts of terrorism. To be eligible for a grant under the
15
program, the Agency must determine that the organization is at
16
a high risk of being subject to threats, attacks, or acts of
17
terrorism based on the organization's profile, ideology,
18
mission, or beliefs. Eligible security improvements shall
19
include all eligible preparedness activities under the federal
20
Nonprofit Security Grant Program, including, but not limited
21
to, physical security upgrades, security training exercises,
22
preparedness training exercises, contracting with security
23
personnel, and any other security upgrades deemed eligible by
24
the Director. Eligible security improvements shall not
25
duplicate, in part or in whole, a project included under any
26
awarded federal grant or in a pending federal application. The

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1
Director shall establish procedures and forms by which
2
applicants may apply for a grant and procedures for
3
distributing grants to recipients. Any security improvements
4
awarded shall remain at the physical property listed in the
5
grant application, unless authorized by Agency rule or
6
approved by the Agency in writing. The procedures shall
7
require each applicant to do the following:
8

(1) identify and substantiate prior or current
9

threats, attacks, or acts of terrorism against the
10

not-for-profit organization;
11

(2) indicate the symbolic or strategic value of one or
12

more sites that renders the site a possible target of a
13

threat, attack, or act of terrorism;
14

(3) discuss potential consequences to the organization
15

if the site is damaged, destroyed, or disrupted by a
16

threat, attack, or act of terrorism;
17

(4) describe how the grant will be used to integrate
18

organizational preparedness with broader State and local
19

preparedness efforts, as described by the Agency in each
20

Notice of Opportunity for Funding;
21

(5) submit (i) a vulnerability assessment conducted by
22

experienced security, law enforcement, or military
23

personnel, or conducted using an Agency-approved or
24

federal Nonprofit Security Grant Program self-assessment
25

tool, and (ii) a description of how the grant award will be
26

used to address the vulnerabilities identified in the

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1

assessment; and
2

(6) submit any other relevant information as may be
3

required by the Director.
4

The Agency is authorized to use funds appropriated for the
5
grant program described in this subsection (g-5) to administer
6
the program. Any Agency Notice of Opportunity for Funding,
7
proposed or final rulemaking, guidance, training opportunity,
8
or other resource related to the grant program must be
9
published on the Agency's publicly available website, and any
10
announcements related to funding shall be shared with all
11
State legislative offices, the Governor's office, emergency
12
services and disaster agencies mandated or required pursuant
13
to subsections (b) through (d) of Section 10, and any other
14
State agencies as determined by the Agency. Subject to
15
appropriation, the grant application period shall be open for
16
no less than 45 calendar days during the first application
17
cycle each fiscal year, unless the Agency determines that a
18
shorter period is necessary to avoid conflicts with the annual
19
federal Nonprofit Security Grant Program funding cycle.
20
Additional application cycles may be conducted during the same
21
fiscal year, subject to availability of funds. Upon request,
22
Agency staff shall provide reasonable assistance to any
23
applicant in completing a grant application or meeting a
24
post-award requirement.
25

In addition to any advance payment rules or procedures
26
adopted by the Agency, the Agency shall adopt rules or

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1
procedures by which grantees under this subsection (g-5) may
2
receive a working capital advance of initial start-up costs
3
and up to 2 months of program expenses, not to exceed 25% of
4
the total award amount, if, during the application process,
5
the grantee demonstrates a need for funds to commence a
6
project. The remaining funds must be paid through
7
reimbursement after the grantee presents sufficient supporting
8
documentation of expenditures for eligible activities.
9

(h) Except as provided in Section 17.5 of this Act, any
10
moneys received by the Agency from donations or sponsorships
11
unrelated to a disaster shall be deposited in the Emergency
12
Planning and Training Fund and used by the Agency, subject to
13
appropriation, to effectuate planning and training activities.
14
Any moneys received by the Agency from donations during a
15
disaster and intended for disaster response or recovery shall
16
be deposited into the Disaster Response and Recovery Fund and
17
used for disaster response and recovery pursuant to the
18
Disaster Relief Act.
19

(i) The
Illinois Emergency Management
Agency may by rule
20
assess and collect reasonable fees for attendance at
21
Agency-sponsored conferences to enable the Agency to carry out
22
the requirements of this Act. Any moneys received under this
23
subsection shall be deposited in the Emergency Planning and
24
Training Fund and used by the Agency, subject to
25
appropriation, for planning and training activities.
26

(j) The
Illinois Emergency Management
Agency is authorized

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1
to make grants to other State agencies, public universities,
2
units of local government, and statewide mutual aid
3
organizations to enhance statewide emergency preparedness and
4
response.
5

(k) Subject to appropriation from the Emergency Planning
6
and Training Fund, the
Illinois Emergency Management
Agency
7
and Office of Homeland Security
shall obtain training services
8
and support for local emergency services and support for local
9
emergency services and disaster agencies for training,
10
exercises, and equipment related to carbon dioxide pipelines
11
and sequestration, and, subject to the availability of
12
funding, shall provide $5,000 per year to the Illinois Fire
13
Service Institute for first responder training required under
14
Section 4-615 of the Public Utilities Act. Amounts in the
15
Emergency Planning and Training Fund will be used by the
16
Illinois Emergency Management
Agency
and Office of Homeland
17
Security
for administrative costs incurred in carrying out the
18
requirements of this subsection. To carry out the purposes of
19
this subsection, the
Illinois Emergency Management
Agency
and
20
Office of Homeland Security
may accept moneys from all
21
authorized sources into the Emergency Planning and Training
22
Fund, including, but not limited to, transfers from the Carbon
23
Dioxide Sequestration Administrative Fund and the Public
24
Utility Fund.
25

(l) The Agency shall do all other things necessary,
26
incidental, or appropriate for the implementation of this Act,

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1
including the adoption of rules in accordance with the
2
Illinois Administrative Procedure Act.
3
(Source: P.A. 103-418, eff. 1-1-24; 103-588, eff. 1-1-25;
4
103-651, eff. 7-18-24; 103-999, eff. 1-1-25; 104-417, eff.
5
8-15-25.)

6

(20 ILCS 3305/5.5 new)
7

Sec. 5.5.
Statewide Interoperability Coordinator (SWIC).
8

(a) The Statewide Interoperability Coordinator (SWIC) is
9
hereby created as a position within the Agency.
10

(b) The SWIC shall:
11

(1) act as the senior advisor and central coordination
12

point for public safety communications efforts and serves
13

as the principal policy making authority for public safety
14

interoperable communications statewide;
15

(2) plan and implement the statewide interoperability
16

program, guided by initiatives outlined in the National
17

Emergency Communication Plan and Statewide Communications
18

Interoperability Plan;
19

(3) ascertain what means exist for rapid and efficient
20

communications in times of disaster;
21

(4) serve as the central coordination point for the
22

State's communications interoperability as well as the
23

Single Point of Contact for the First Responder Network
24

Authority and assist with mediation to achieve an
25

interoperable communications ecosystem;

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1

(5) coordinate with all emergency response leaders
2

within State agencies, public jurisdictions, the federal
3

government, and private entities to implement and maintain
4

the state's strategic vision for interoperability to
5

ensure emergency readiness;
6

(6) coordinate governing body activities to maximize
7

integration and collaboration across the emergency
8

communications landscape and serve as a member of the
9

Statewide Interoperability Executive Committee or its
10

successor entity and may act on behalf of the Statewide
11

Interoperability Executive Committee;
12

(7) recommend regulatory changes relating to public
13

safety communications and interoperability activities
14

statewide;
15

(8) on behalf of the State, serve as the point of
16

contact for the federal government and industry on issues
17

concerning statewide interoperable communications;
18

(9) ensure federal funding for emergency
19

communications initiatives are coordinated, align to the
20

National Emergency Communication Plan and Statewide
21

Communications Interoperability Plan, and are compatible
22

with surrounding systems;
23

(10) represent the State in national, regional, and
24

local efforts to plan and implement changes needed to
25

achieve interoperability and continuity of communications
26

for emergency responders;

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1

(11) ensure a comprehensive approach to public safety
2

communications and cybersecurity across all technologies;
3

and
4

(12) support operational communications by regularly
5

coordinating, planning, and communicating with relevant
6

industry, communications providers, and other
7

stakeholders.

8

(20 ILCS 3305/6)

(from Ch. 127, par. 1056)
9

Sec. 6.
Emergency Management Powers of the Governor.
10

(a) The Governor shall have general direction and control
11
of the
Illinois Emergency Management
Agency and shall be
12
responsible for the carrying out of the provisions of this
13
Act.
14

(b) In performing duties under this Act, the Governor is
15
authorized to cooperate with the federal government and with
16
other states in all matters pertaining to emergency
17
management
, nuclear and radiation safety, and homeland
18
security
.
19

(c) In performing duties under this Act, the Governor is
20
further 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 plan and

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1

programs

program
for the emergency management
, nuclear and
2

radiation safety, and homeland security
of this State,
3

which plan and program shall be integrated into and
4

coordinated with emergency management
, nuclear and
5

radiation safety, and homeland security
plans and programs
6

of the federal government and of other states whenever
7

possible and which plan and program may include:
8

a. Mitigation of injury and damage caused by
9

disaster.
10

b. Prompt and effective response to disaster.
11

c. Emergency relief.
12

d. Identification of areas particularly vulnerable
13

to disasters.
14

e. Recommendations for zoning, building, and other
15

land-use controls, safety measures for securing
16

permanent structures and other mitigation measures
17

designed to eliminate or reduce disasters or their
18

impact.
19

f. Assistance to political subdivisions in
20

designing emergency operations plans.
21

g. Authorization and procedures for the erection
22

or other construction of temporary works designed to
23

mitigate danger, damage or loss from flood, or other
24

disaster.
25

h. Preparation and distribution to the appropriate
26

State and political subdivision officials of a State

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1

catalog of federal, State, and private assistance
2

programs.
3

i. Organization of State personnel and chains of
4

command.
5

j. Coordination of federal, State, and political
6

subdivision emergency management
, nuclear and
7

radiation safety, and homeland security
activities.
8

k. Other necessary matters.
9

(3) In accordance with the
plans and programs

plan and
10

program
for the emergency management
, nuclear and
11

radiation safety, and homeland security
of this State, and
12

out of funds appropriated for these purposes, to procure
13

and preposition supplies, medicines, materials and
14

equipment, to institute training programs and public
15

information programs, and to take all other preparatory
16

steps including the partial or full mobilization of MSTs
17

and emergency services and disaster agencies to insure the
18

furnishing of adequately trained and equipped forces for
19

incidents, disasters, federally declared national special
20

security events, and other large public events.
21

(4) Out of funds appropriated for these purposes, to
22

make studies and surveys of the industries, resources, and
23

facilities in this State as may be necessary to ascertain
24

the capabilities of the State for emergency management
25

phases of mitigation, preparedness, response, and recovery
26

and to plan for the most efficient emergency use thereof.

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1

(5) On behalf of this State, to negotiate for and
2

submit to the General Assembly for its approval or
3

rejection reciprocal mutual aid agreements or compacts
4

with other states, either on a statewide or political
5

subdivision basis. The agreements or compacts, shall be
6

limited to the furnishing or exchange of food, clothing,
7

medical or other supplies, engineering and police
8

services; emergency housing and feeding; National and
9

State Guards while under the control of the State; health,
10

medical, and related services; fire fighting, rescue,
11

transportation, communication, and construction services
12

and equipment, provided, however, that if the General
13

Assembly be not in session and the Governor has not
14

proclaimed the existence of a disaster under this Section,
15

then the agreements or compacts shall instead be submitted
16

to an Interim Committee on Emergency Management composed
17

of 5 Senators appointed by the President of the Senate and
18

of 5 Representatives appointed by the Speaker of the
19

House, during the month of June of each odd-numbered year
20

to serve for a 2 year term, beginning July 1 of that year,
21

and until their successors are appointed and qualified, or
22

until termination of their legislative service, whichever
23

first occurs. Vacancies shall be filled by appointment for
24

the unexpired term in the same manner as original
25

appointments. All appointments shall be made in writing
26

and filed with the Secretary of State as a public record.

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1

The Committee shall have the power to approve or reject
2

any agreements or compacts for and on behalf of the
3

General Assembly; and, provided further, that an
4

affirmative vote of 2/3 of the members of the Committee
5

shall be necessary for the approval of any agreement or
6

compact.
7
(Source: P.A. 104-418, eff. 1-1-26
.)

8

(20 ILCS 3305/7)

(from Ch. 127, par. 1057)
9

Sec. 7.
Emergency Powers of the Governor.
In the event of a
10
disaster, as defined in Section 4, the Governor may, by
11
proclamation declare that a disaster exists. Upon such
12
proclamation, the Governor shall have and may exercise for a
13
period not to exceed 30 days the following emergency powers;
14
provided, however, that the lapse of the emergency powers
15
shall not, as regards any act or acts occurring or committed
16
within the 30-day period, deprive any person, firm,
17
corporation, political subdivision, or body politic of any
18
right or rights to compensation or reimbursement which he,
19
she, it, or they may have under the provisions of this Act:
20

(1) To suspend the provisions of any regulatory
21

statute prescribing procedures for conduct of State
22

business, or the orders, rules and regulations of any
23

State agency, if strict compliance with the provisions of
24

any statute, order, rule, or regulation would in any way
25

prevent, hinder or delay necessary action, including

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1

emergency purchases, by the
Illinois Emergency Management

2

Agency, in coping with the disaster.
3

(2) To utilize all available resources of the State
4

government as reasonably necessary to cope with the
5

disaster and of each political subdivision of the State.
6

(3) To transfer the direction, personnel or functions
7

of State departments and agencies or units thereof for the
8

purpose of performing or facilitating disaster response
9

and recovery programs.
10

(4) On behalf of this State to take possession of, and
11

to acquire full title or a lesser specified interest in,
12

any personal property as may be necessary to accomplish
13

the objectives set forth in Section 2 of this Act,
14

including: airplanes, automobiles, trucks, trailers,
15

buses, and other vehicles; coal, oils, gasoline, and other
16

fuels and means of propulsion; explosives, materials,
17

equipment, and supplies; animals and livestock; feed and
18

seed; food and provisions for humans and animals; clothing
19

and bedding; and medicines and medical and surgical
20

supplies; and to take possession of and for a limited
21

period occupy and use any real estate necessary to
22

accomplish those objectives; but only upon the undertaking
23

by the State to pay just compensation therefor as in this
24

Act provided, and then only under the following
25

provisions:
26

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

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1

Governor may authorize so to do, may forthwith take
2

possession of property for and on behalf of the State;
3

provided, however, that the Governor or persons shall
4

simultaneously with the taking, deliver to the owner
5

or his or her agent, if the identity of the owner or
6

agency is known or readily ascertainable, a signed
7

statement in writing, that shall include the name and
8

address of the owner, the date and place of the taking,
9

description of the property sufficient to identify it,
10

a statement of interest in the property that is being
11

so taken, and, if possible, a statement in writing,
12

signed by the owner, setting forth the sum that he or
13

she is willing to accept as just compensation for the
14

property or use. Whether or not the owner or agent is
15

known or readily ascertainable, a true copy of the
16

statement shall promptly be filed by the Governor or
17

the person with the Director, who shall keep the
18

docket of the statements. In cases where the sum that
19

the owner is willing to accept as just compensation is
20

less than $1,000, copies of the statements shall also
21

be filed by the Director with, and shall be passed upon
22

by an Emergency Management Claims Commission,
23

consisting of 3 disinterested citizens who shall be
24

appointed by the Governor, by and with the advice and
25

consent of the Senate, within 20 days after the
26

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

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1

fixed by them as just compensation be less than $1,000
2

and is accepted in writing by the owner, then the State
3

Treasurer out of funds appropriated for these
4

purposes, shall, upon certification thereof by the
5

Emergency Management Claims Commission, cause the sum
6

so certified forthwith to be paid to the owner. The
7

Emergency Management Claims Commission is hereby given
8

the power to issue appropriate subpoenas and to
9

administer oaths to witnesses and shall keep
10

appropriate minutes and other records of its actions
11

upon and the disposition made of all claims.
12

b. When the compensation to be paid for the taking
13

or use of property or interest therein is not or cannot
14

be determined and paid under item a of this paragraph
15

(4), a petition in the name of The People of the State
16

of Illinois shall be promptly filed by the Director,
17

which filing may be enforced by mandamus, in the
18

circuit court of the county where the property or any
19

part thereof was located when initially taken or used
20

under the provisions of this Act praying that the
21

amount of compensation to be paid to the person or
22

persons interested therein be fixed and determined.
23

The petition shall include a description of the
24

property that has been taken, shall state the physical
25

condition of the property when taken, shall name as
26

defendants all interested parties, shall set forth the

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1

sum of money estimated to be just compensation for the
2

property or interest therein taken or used, and shall
3

be signed by the Director. The litigation shall be
4

handled by the Attorney General for and on behalf of
5

the State.
6

c. Just compensation for the taking or use of
7

property or interest therein shall be promptly
8

ascertained in proceedings and established by judgment
9

against the State, that shall include, as part of the
10

just compensation so awarded, interest at the rate of
11

6% per annum on the fair market value of the property
12

or interest therein from the date of the taking or use
13

to the date of the judgment; and the court may order
14

the payment of delinquent taxes and special
15

assessments out of the amount so awarded as just
16

compensation and may make any other orders with
17

respect to encumbrances, rents, insurance, and other
18

charges, if any, as shall be just and equitable.
19

(5) When required by the exigencies of the disaster,
20

to sell, lend, rent, give, or distribute all or any part of
21

property so or otherwise acquired to the inhabitants of
22

this State, or to political subdivisions of this State,
23

or, under the interstate mutual aid agreements or compacts
24

as are entered into under the provisions of subparagraph
25

(5) of paragraph (c) of Section 6 to other states, and to
26

account for and transmit to the State Treasurer all funds,

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1

if any, received therefor.
2

(6) To recommend the evacuation of all or part of the
3

population from any stricken or threatened area within the
4

State if the Governor deems this action necessary.
5

(7) To prescribe routes, modes of transportation, and
6

destinations in connection with evacuation.
7

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

disaster area, the movement of persons within the area,
9

and the occupancy of premises therein.
10

(9) To suspend or limit the sale, dispensing, or
11

transportation of alcoholic beverages, firearms,
12

explosives, and combustibles.
13

(10) To make provision for the availability and use of
14

temporary emergency housing.
15

(11) A proclamation of a disaster shall activate the
16

State Emergency Operations Plan, and political subdivision
17

emergency operations plans applicable to the political
18

subdivision or area in question and be authority for the
19

deployment and use of any forces that the plan or plans
20

apply and for use or distribution of any supplies,
21

equipment, and materials and facilities assembled,
22

stockpiled or arranged to be made available under this Act
23

or any other provision of law relating to disasters.
24

(12) Control, restrict, and regulate by rationing,
25

freezing, use of quotas, prohibitions on shipments, price
26

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

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1

distribution of food, feed, fuel, clothing and other
2

commodities, materials, goods, or services; and perform
3

and exercise any other functions, powers, and duties as
4

may be necessary to promote and secure the safety and
5

protection of the civilian population.
6

(13) During the continuance of any disaster the
7

Governor is commander-in-chief of the organized and
8

unorganized militia and of all other forces available for
9

emergency duty. To the greatest extent practicable, the
10

Governor shall delegate or assign authority to the
11

Director to manage, coordinate, and direct all resources
12

by orders issued at the time of the disaster.
13

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

services during a disaster.
15
(Source: P.A. 102-485, eff. 8-20-21.)

16

(20 ILCS 3305/8)

(from Ch. 127, par. 1058)
17

Sec. 8.
Mobile support teams; mutual aid.
18

(a) The Governor or Director, on behalf of the Governor,
19
may enter into agreements with local governments, the federal
20
government, tribal governments, and any public or private
21
agency or entity in achieving any purpose of this Act and in
22
implementing emergency management programs for mitigation,
23
preparedness, response, and recovery.
24

(b) The Governor or Director may activate mobile support
25
teams (MSTs) to aid and reinforce the
Illinois Emergency

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1
Management
Agency
and Office of Homeland Security,
and
2
emergency services and disaster agencies in this State or
3
out-of-state pursuant to the Emergency Management Assistance
4
Compact, as ratified in the Emergency Management Assistance
5
Compact Act, for incidents, disasters, federally declared
6
national special security events, and other large public
7
events.
8

(c) Each mobile support team shall have a leader or
9
leadership group, who will be responsible for the
10
organization, administration, training, and general operation
11
of the mobile support team.
12

(d) While activated on behalf of the State, the MST shall
13
report to the Director or designee as the Director retains
14
operational control of MSTs even if they have been tasked to
15
support emergency services and disaster agencies.
16

(e) Personnel of an MST while activated by the Governor or
17
Director or while engaged in State-approved or State-sponsored
18
training or exercises, whether within or without the State,
19
shall:
20

(1) If they are paid employees of the State, have the
21

powers, duties, rights, privileges and immunities and
22

receive the compensation incidental to their employment.
23

(2) If they are paid employees of a political
24

subdivision or body politic of this State, and whether
25

serving within or without that political subdivision or
26

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

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1

and immunities, and receive the compensation incidental to
2

their employment.
3

(3) If they are not employees of the State, political
4

subdivision or body politic, or being such employees, are
5

not normally paid for their services, be entitled to at
6

least one dollar per year compensation from the State.
7

(f) All personnel of MSTs may, while activated by the
8
Governor or Director, be reimbursed by this State for all
9
actual and necessary travel and subsistence expenses related
10
to their activation.
11

(g) Personnel of a mobile support team who suffer disease,
12
injury or death, while activated by the Governor or Director,
13
shall for the purposes of benefits under the Workers'
14
Compensation Act or Workers' Occupational Diseases Act only,
15
be deemed to be employees of this State. If the person
16
diseased, injured or killed is an employee described in item
17
(3) of subsection (e), the computation of benefits payable
18
under either of those Acts shall be based on income
19
commensurate with comparable State employees doing the same
20
type of work or income from the person's regular employment,
21
whichever is greater.
22

(h) In lieu of subsection (f), the State may, by
23
agreement, reimburse each political subdivision or body
24
politic from the Disaster Response and Recovery Fund, or from
25
other funding determined by the State, for the compensation
26
paid and the actual and necessary travel and subsistence

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1
expenses of paid employees of the political subdivision or
2
body politic while serving, outside of its geographical
3
boundaries on behalf of the State, as members of an MST, and
4
for all payments made for death, disease or injury of those
5
paid employees arising out of and incurred in the course of
6
that duty, and for all losses of or damage to supplies and
7
equipment of the political subdivision or body politic
8
resulting from the operations.
9

(i) Whenever activated MSTs or units of another state
10
operating under orders of the Governor of their home state,
11
render aid to this State, all questions relating to
12
reimbursement by this State in regard to the assistance
13
rendered shall be determined by the mutual aid agreements, MST
14
agreements, or interstate compacts described in subparagraph
15
(5) of paragraph (c) of Section 6 as are existing at the time
16
of the assistance rendered, pursuant to the Emergency
17
Management Assistance Compact as ratified in the Emergency
18
Management Assistance Compact Act, as are entered into
19
thereafter.
20

(j) No personnel of MSTs of this State may be ordered by
21
the Governor or Director to operate in any other state unless a
22
request for the same has been made by the Governor or duly
23
authorized representative of the other state pursuant to the
24
Emergency Management Assistance Compact, as ratified in the
25
Emergency Management Assistance Compact Act, or a successor
26
law.

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1

(k) All expenses and compensation reimbursed under this
2
Section may be provided from the Disaster Response and
3
Recovery Fund or other funding determined by the State. The
4
mutual aid agreement shall specify the manner and method in
5
which compensation shall be paid.
6
(Source: P.A. 104-418, eff. 1-1-26
.)

7

(20 ILCS 3305/10)

(from Ch. 127, par. 1060)
8

Sec. 10.
Emergency Services and Disaster Agencies.
9

(a) Each political subdivision within this State shall be
10
within the jurisdiction of and served by the
Illinois
11
Emergency Management
Agency and by an emergency services and
12
disaster agency responsible for emergency management programs.
13
A township, if the township is in a county having a population
14
of more than 2,000,000, must have approval of the county
15
coordinator before establishment of a township emergency
16
services and disaster agency.
17

(b) Unless multiple county emergency services and disaster
18
agency consolidation is authorized by the
Illinois Emergency
19
Management
Agency with the consent of the respective counties,
20
each county shall maintain an emergency services and disaster
21
agency that has jurisdiction over and serves the entire
22
county, except as otherwise provided under this Act and except
23
that in any county with a population of over 3,000,000
24
containing a municipality with a population of over 500,000
25
the jurisdiction of the county agency shall not extend to the

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1
municipality when the municipality has established its own
2
agency.
3

(c) Each municipality with a population of over 500,000
4
shall maintain an emergency services and disaster agency which
5
has jurisdiction over and serves the entire municipality. A
6
municipality with a population less than 500,000 may
7
establish, by ordinance, an agency or department responsible
8
for emergency management within the municipality's corporate
9
limits.
10

(d) The Governor shall determine which municipal
11
corporations, other than those specified in paragraph (c) of
12
this Section, need emergency services and disaster agencies of
13
their own and require that they be established and maintained.
14
The Governor shall make these determinations on the basis of
15
the municipality's disaster vulnerability and capability of
16
response related to population size and concentration. The
17
emergency services and disaster agency of a county or
18
township, shall not have a jurisdiction within a political
19
subdivision having its own emergency services and disaster
20
agency, but shall cooperate with the emergency services and
21
disaster agency of a city, village or incorporated town within
22
their borders. The
Illinois Emergency Management
Agency shall
23
publish and furnish a current list to the municipalities
24
required to have an emergency services and disaster agency
25
under this subsection.
26

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

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1
have an emergency services and disaster agency shall have a
2
liaison officer designated to facilitate the cooperation and
3
protection of that municipal corporation with the county
4
emergency services and disaster agency in which it is located
5
in the work of disaster mitigation, preparedness, response,
6
and recovery.
7

(f) The principal executive officer or his or her designee
8
of each political subdivision in the State shall annually
9
notify the
Illinois Emergency Management
Agency of the manner
10
in which the political subdivision is providing or securing
11
emergency management, identify the executive head of the
12
agency or the department from which the service is obtained,
13
or the liaison officer in accordance with
subsection (e)

14
paragraph (d) of this Section
and furnish additional
15
information relating thereto as the
Illinois Emergency
16
Management
Agency requires.
17

(g) Each emergency services and disaster agency shall
18
prepare an emergency operations plan for its geographic
19
boundaries that complies with planning, review, and approval
20
standards promulgated by the
Illinois Emergency Management

21
Agency. The
Illinois Emergency Management
Agency shall
22
determine which jurisdictions will be required to include
23
earthquake preparedness in their local emergency operations
24
plans.
25

(h) The emergency services and disaster agency shall
26
prepare and distribute to all appropriate officials in written

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1
form a clear and complete statement of the emergency
2
responsibilities of all local departments and officials and of
3
the disaster chain of command.
4

(i) Each emergency services and disaster agency shall have
5
a Coordinator who shall be appointed by the principal
6
executive officer of the political subdivision in the same
7
manner as are the heads of regular governmental departments.
8
If the political subdivision is a county and the principal
9
executive officer appoints the sheriff as the Coordinator, the
10
sheriff may, in addition to his or her regular compensation,
11
receive compensation at the same level as provided in
Article
12
3 of the Counties Code

Section 3 of "An Act in relation to the
13
regulation of motor vehicle traffic and the promotion of
14
safety on public highways in counties", approved August 9,
15
1951, as amended
. The Coordinator shall have direct
16
responsibility for the organization, administration, training,
17
and operation of the emergency services and disaster agency,
18
subject to the direction and control of that principal
19
executive officer. Each emergency services and disaster agency
20
shall coordinate and may perform emergency management
21
functions within the territorial limits of the political
22
subdivision within which it is organized as are prescribed in
23
and by the State Emergency Operations Plan, and programs,
24
orders, rules and regulations as may be promulgated by the
25
Illinois Emergency Management
Agency and by local ordinance
26
and, in addition, shall conduct such functions outside of

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1
those territorial limits as may be required under mutual aid
2
agreements and compacts as are entered into under subparagraph
3
(5) of paragraph (c) of Section 6.
4

(j) In carrying out the provisions of this Act, each
5
political subdivision may enter into contracts and incur
6
obligations necessary to place it in a position effectively to
7
combat the disasters as are described in Section 4, to protect
8
the health and safety of persons, to protect property, and to
9
provide emergency assistance to victims of those disasters. If
10
a disaster occurs, each political subdivision may exercise the
11
powers vested under this Section in the light of the
12
exigencies of the disaster and, excepting mandatory
13
constitutional requirements, without regard to the procedures
14
and formalities normally prescribed by law pertaining to the
15
performance of public work, entering into contracts, the
16
incurring of obligations, the employment of temporary workers,
17
the rental of equipment, the purchase of supplies and
18
materials, and the appropriation, expenditure, and disposition
19
of public funds and property.
20

(k) Volunteers who, while engaged in a disaster, an
21
exercise, training related to the emergency operations plan of
22
the political subdivision, or a search-and-rescue team
23
response to an occurrence or threat of injury or loss of life
24
that is beyond local response capabilities, suffer disease,
25
injury or death, shall, for the purposes of benefits under the
26
Workers' Compensation Act or Workers' Occupational Diseases

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1
Act only, be deemed to be employees of the State, if: (1) the
2
claimant is a duly qualified and enrolled (sworn in) as a
3
volunteer of the
Illinois Emergency Management
Agency or an
4
emergency services and disaster agency accredited by the
5
Illinois Emergency Management
Agency, and (2) if: (i) the
6
claimant was participating in a disaster as defined in Section
7
4 of this Act, (ii) the exercise or training participated in
8
was specifically and expressly approved by the
Illinois
9
Emergency Management
Agency prior to the exercise or training,
10
or (iii) the search-and-rescue team response was to an
11
occurrence or threat of injury or loss of life that was beyond
12
local response capabilities and was specifically and expressly
13
approved by the
Illinois Emergency Management
Agency prior to
14
the search-and-rescue team response. The computation of
15
benefits payable under either of those Acts shall be based on
16
the income commensurate with comparable State employees doing
17
the same type work or income from the person's regular
18
employment, whichever is greater.
19

Volunteers who are working under the direction of an
20
emergency services and disaster agency accredited by the
21
Illinois Emergency Management
Agency, pursuant to a plan
22
approved by the
Illinois Emergency Management
Agency (i)
23
during a disaster declared by the Governor under Section 7 of
24
this Act, or (ii) in circumstances otherwise expressly
25
approved by the
Illinois Emergency Management
Agency, shall be
26
deemed exclusively employees of the State for purposes of

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1
Section 8(d) of the Court of Claims Act, provided that the
2
Illinois Emergency Management
Agency may, in coordination with
3
the emergency services and disaster agency, audit
4
implementation for compliance with the plan.
5

(l) If any person who is entitled to receive benefits
6
through the application of this Section receives, in
7
connection with the disease, injury or death giving rise to
8
such entitlement, benefits under an Act of Congress or federal
9
program, benefits payable under this Section shall be reduced
10
to the extent of the benefits received under that other Act or
11
program.

12

(m) (1) Prior to conducting an exercise, the principal
13

executive officer of a political subdivision or his or her
14

designee shall provide area media with written
15

notification of the exercise. The notification shall
16

indicate that information relating to the exercise shall
17

not be released to the public until the commencement of
18

the exercise. The notification shall also contain a
19

request that the notice be so posted to ensure that all
20

relevant media personnel are advised of the exercise
21

before it begins.

22

(2) During the conduct of an exercise, all messages,
23

two-way radio communications, briefings, status reports,
24

news releases, and other oral or written communications
25

shall begin and end with the following statement: "This is
26

an exercise message".

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1
(Source: P.A. 94-733, eff. 4-27-06.)

2

(20 ILCS 3305/12)

(from Ch. 127, par. 1062)
3

Sec. 12.
Testing of Disaster Warning Devices.
The testing
4
of disaster warning devices including outdoor warning sirens
5
shall be held only on the first Tuesday of each month at 10
6
o'clock in the morning or during exercises that are
7
specifically and expressly approved in advance by the
Illinois
8
Emergency Management
Agency.
9
(Source: P.A. 92-73, eff. 1-1-02.)

10

(20 ILCS 3305/14)

(from Ch. 127, par. 1064)
11

Sec. 14.
Communications.
The
Illinois Emergency Management

12
Agency shall ascertain what means exist for rapid and
13
efficient communications in times of disaster. The
Illinois
14
Emergency Management
Agency shall consider the desirability of
15
supplementing these communications resources or of integrating
16
them into a comprehensive State or State-Federal
17
telecommunications or other communications system or network.
18
In studying the character and feasibility of any system or its
19
several parts, the
Illinois Emergency Management
Agency shall
20
evaluate the possibility of multipurpose use thereof for
21
general State and political subdivision purposes. The
Illinois
22
Emergency Management
Agency may promulgate rules to establish
23
policies and procedures relating to telecommunications and the
24
continuation of rapid and efficient communications in times of

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1
disaster to the extent authorized by any provision of this Act
2
or other laws and regulations. The
Illinois Emergency
3
Management
Agency shall make recommendations to the Governor
4
as appropriate.
5
(Source: P.A. 86-755; 87-168.)

6

(20 ILCS 3305/18)

(from Ch. 127, par. 1068)
7

Sec. 18.
Orders, Rules and Regulations.
8

(a) The Governor shall file a copy of every rule,
9
regulation or order, and any amendment thereof made by the
10
Governor under the provisions of this Act in the office of the
11
Secretary of State.
Upon

No rule, regulation or order, or any
12
amendment thereof shall be effective until 10 days after the
13
filing, provided, however, that upon
the declaration of a
14
disaster by the Governor as is described in Section 7 the
15
provision relating to the effective date of any rule,
16
regulation, order or amendment issued under this Act and
17
during the state of disaster is abrogated, and the rule,
18
regulation, order or amendment shall become effective
19
immediately upon being filed with the Secretary of State
20
accompanied by a certificate stating the reason as required by
21
the Illinois Administrative Procedure Act.
22

(b) Every emergency services and disaster agency
23
established pursuant to this Act and the coordinators thereof
24
shall execute and enforce the orders, rules and regulations as
25
may be made by the Governor under authority of this Act. Each

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1
emergency services and disaster agency shall have available
2
for inspection at its office all orders, rules and regulations
3
made by the Governor, or under the Governor's authority. The
4
Illinois Emergency Management
Agency shall
publish

furnish
on
5
the
Agency's

Department's
website the orders, rules and
6
regulations
to each such emergency services and disaster
7
agency
. Upon the written request of an emergency services or
8
disaster agency, copies thereof shall be mailed to the
9
emergency services or disaster agency.
10
(Source: P.A. 98-44, eff. 6-28-13.)

11

(20 ILCS 3305/20)

(from Ch. 127, par. 1070)
12

Sec. 20.
Oath.
13

(a) Each person, whether compensated or noncompensated,
14
who is appointed to serve in any capacity in, or on behalf of,
15
the
Illinois Emergency Management
Agency
and Office of
16
Homeland Security (IEMA-OHS)
or an emergency services and
17
disaster agency, shall, before entering upon duties, take an
18
oath in writing.
19

(b) The oath shall be administered before the Director of
20
the Agency

IEMA-OHS
(or a designee authorized in writing by
21
the Director), the coordinator of the respective emergency
22
services and disaster agency, or persons authorized to
23
administer oaths in this State pursuant to the Oaths an
24
Affirmations Act.
25

The oath may be administered through live video technology

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1
or other electronic means; however, the signed oath shall be
2
filed with
the Agency

IEMA-OHS
or with the emergency services
3
and disaster agency with which the person shall serve and
4
which oath shall be substantially as follows:
5

"I, _______________, do solemnly swear (or affirm) that I
6
will support and defend and bear true faith and allegiance to
7
the Constitution of the United States and the Constitution of
8
the State of Illinois, and the territory, institutions and
9
facilities thereof, both public and private, against all
10
enemies, foreign and domestic; that I take this obligation
11
freely, without any mental reservation or purpose of evasion;
12
and that I will well and faithfully discharge the duties upon
13
which I am about to enter. And I do further swear (or affirm)
14
that I do not advocate, nor am I, nor have I been a member of
15
any political party or organization that advocates the
16
overthrow of the government of the United States or of this
17
State by force or violence; and that during such time as I am
18
affiliated with the (name of emergency preparedness
19
organization), I will not advocate nor become a member or an
20
affiliate of any organization, group, or combination of
21
persons that advocates the overthrow of the government of the
22
United States or of this State by force or violence."
23
(Source: P.A. 104-418, eff. 1-1-26
.)

24

(20 ILCS 3305/23)
25

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

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1

Sec. 23.
Access and Functional Needs Advisory Committee.
2

(a) In this Section, "Advisory Committee" means the Access
3
and Functional Needs Advisory Committee.
4

(b) The Access and Functional Needs Advisory Committee is
5
created.
6

(c) The Advisory Committee shall:
7

(1) Coordinate meetings occurring, at a minimum, 3
8

times each year, in addition to emergency meetings called
9

by the chairperson of the Advisory Committee.
10

(2) Research and provide recommendations for
11

identifying and effectively responding to the needs of
12

persons with access and functional needs before, during,
13

and after a disaster using an intersectional lens for
14

equity.
15

(3) Provide recommendations to the
Illinois Emergency
16

Management
Agency regarding how to ensure that persons
17

with a disability are included in disaster strategies and
18

emergency management plans, including updates and
19

implementation of disaster strategies and emergency
20

management plans.
21

(4) Review and provide recommendations for the
22

Illinois Emergency Management
Agency, and all relevant
23

State agencies that are involved in drafting and
24

implementing the Illinois Emergency Operation Plan, to
25

integrate access and functional needs into State and local
26

emergency
operations
plans.

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1

(d) The Advisory Committee shall be composed of the
2
Director of the
Illinois Emergency Management
Agency or his or
3
her designee, the Attorney General or his or her designee, the
4
Secretary of Human Services or his or her designee, the
5
Director of Aging or his or her designee, and the Director of
6
Public Health or his or her designee, together with the
7
following members appointed by the Governor
on or before
8
January 1, 2022
:
9

(1) Two members, either from a municipal or
10

county-level emergency agency or a local emergency
11

management coordinator.
12

(2) Nine members from the community of persons with a
13

disability who represent persons with different types of
14

disabilities, including, but not limited to, individuals
15

with mobility and physical disabilities, hearing and
16

visual disabilities, deafness or who are hard of hearing,
17

blindness or who have low vision, mental health
18

disabilities, and intellectual or developmental
19

disabilities. Members appointed under this paragraph shall
20

reflect a diversity of age, gender, race, and ethnic
21

background.
22

(3) Four members who represent first responders from
23

different geographical regions around the State.
24

(e) Of those members appointed by the Governor, the
25
initial appointments of 6 members shall be for terms of 2 years
26
and the initial appointments of 5 members shall be for terms of

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1
4 years. Thereafter, members shall be appointed for terms of 4
2
years. A member shall serve until his or her successor is
3
appointed and qualified. If a vacancy occurs in the Advisory
4
Committee membership, the vacancy shall be filled in the same
5
manner as the original appointment for the remainder of the
6
unexpired term.
7

(f) After all the members are appointed, and annually
8
thereafter, they shall elect a chairperson from among the
9
members appointed under paragraph (2) of subsection (d).
10

(g)
(Blank).

The initial meeting of the Advisory Committee
11
shall be convened by the Director of the Illinois Emergency
12
Management Agency no later than February 1, 2022.
13

(h) Advisory Committee members shall serve without
14
compensation.
15

(i) The
Illinois Emergency Management
Agency shall provide
16
administrative support to the Advisory Committee.
17

(j) The Advisory Committee shall prepare and deliver a
18
report to the General Assembly, the Governor's Office, and the
19
Illinois Emergency Management
Agency
by July 1, 2022, and

20
annually
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
14
subsection (j) shall be annually considered by the Illinois
15
Emergency Management Agency when developing new State and
16
local emergency plans or updating existing State and local
17
emergency plans.
18

(l) The Advisory Committee is dissolved and this Section
19
is repealed on January 1, 2032.
20
(Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21;
21
103-154, eff. 6-30-23.)

22

Section 99.
Effective date.
This Act takes effect upon
23
becoming law.

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