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SB3659 - 104th General Assembly
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Introduced
Senate Amendment 001
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Introduced
Senate Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3659
Introduced 2/5/2026, by Sen. Christopher Belt
SYNOPSIS AS INTRODUCED:
20 ILCS 3305/1
from Ch. 127, par. 1051
20 ILCS 3305/2
from Ch. 127, par. 1052
20 ILCS 3305/3
from Ch. 127, par. 1053
20 ILCS 3305/4
from Ch. 127, par. 1054
20 ILCS 3305/5
from Ch. 127, par. 1055
20 ILCS 3305/5.5 new
20 ILCS 3305/6
from Ch. 127, par. 1056
20 ILCS 3305/7
from Ch. 127, par. 1057
20 ILCS 3305/8
from Ch. 127, par. 1058
20 ILCS 3305/10
from Ch. 127, par. 1060
20 ILCS 3305/12
from Ch. 127, par. 1062
20 ILCS 3305/14
from Ch. 127, par. 1064
20 ILCS 3305/18
from Ch. 127, par. 1068
20 ILCS 3305/20
from Ch. 127, par. 1070
20 ILCS 3305/23
Amends the Illinois Emergency Management Agency Act. Updates
definitions and terminology. Expands Agency powers and responsibilities
for emergency management and homeland security. Creates the Statewide
Interoperability Coordinator within the Agency and specifies duties. Makes
related changes concerning planning, coordination, and mutual aid.
Effective immediately.
LRB104 18339 BDA 31779 b
A BILL FOR
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LRB104 18339 BDA 31779 b
1
AN ACT concerning State government.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Emergency Management Agency Act is
5
amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 8, 10, 12,
6
14, 18, 20, and 23 and by adding Section 5.5 as follows:
7
(20 ILCS 3305/1)
(from Ch. 127, par. 1051)
8
Sec. 1.
Short Title.
This Act may be cited as the
Illinois
9
Emergency Management
and Homeland Security
Agency
Act.
10
(Source: P.A. 87-168.)
11
(20 ILCS 3305/2)
(from Ch. 127, par. 1052)
12
Sec. 2.
Policy and Purposes.
13
(a) Because of the possibility of the occurrence of
14
disasters of unprecedented size and destructiveness resulting
15
from the explosion in this or in neighboring states of atomic
16
or other means from without or by means of sabotage or other
17
disloyal actions within, or from fire, flood, earthquake,
18
telecommunications failure, or other natural or technological
19
causes, and in order to insure that this State will be prepared
20
to and will adequately deal with any disasters, preserve the
21
lives and property of the people of this State and protect the
22
public peace, health, and safety in the event of a disaster, it
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1
is found and declared to be necessary:
2
(1) To create
a State emergency management and
3
homeland security agency
an Illinois Emergency Management
4
Agency
and to authorize emergency management programs
5
within the political subdivisions of the State.
6
(2) To confer upon the Governor and upon the principal
7
executive officer of the political subdivisions of the
8
State the powers provided herein.
9
(3) To provide for the rendering of mutual aid among
10
the political subdivisions and taxing districts of the
11
State and with other states and with respect to the
12
carrying out of an emergency management
and homeland
13
security programs
program
.
14
(b) It is further declared to be the purpose of this Act
15
and the policy of the State that all emergency management
and
16
homeland security
programs of this State be coordinated to the
17
maximum extent with the comparable programs of the federal
18
government, including its various departments and agencies, of
19
other states and localities and private agencies of every
20
type, to the end that the most effective preparation and use
21
may be made of the nation's resources and facilities for
22
dealing with any disaster that may occur.
23
(Source: P.A. 87-168; 88-606, eff. 1-1-95.)
24
(20 ILCS 3305/3)
(from Ch. 127, par. 1053)
25
Sec. 3.
Limitations.
Nothing in this Act shall be
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1
construed to:
2
(a) Interfere with the course or conduct of a labor
3
dispute, except that actions otherwise authorized by this Act
4
or other laws may be taken when necessary to mitigate imminent
5
or existing danger to public health or safety;
6
(b) Interfere with dissemination of news or comment of
7
public affairs; but any communications facility or
8
organization (including but not limited to radio and
9
television stations, wire services, and newspapers) may be
10
requested to transmit or print public service messages
11
furnishing information or instructions in connection with a
12
disaster;
13
(c) Affect the jurisdiction or responsibilities of police
14
forces, fire fighting forces, units of the armed forces of the
15
United States, or of any personnel thereof, when on active
16
duty; but State and political subdivision emergency operations
17
plans shall place reliance upon the forces available for
18
performance of functions related to emergency management
and
19
homeland security
;
20
(d) Limit, modify, or abridge the authority of the
21
Governor to proclaim martial law or exercise any other powers
22
vested in the Governor under the constitution, statutes, or
23
common law of this State, independent of or in conjunction
24
with any provisions of this Act; limit any home rule unit; or
25
prohibit any contract or association pursuant to Article VII,
26
Section 10 of the Illinois Constitution.
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1
(Source: P.A. 92-73, eff. 1-1-02.)
2
(20 ILCS 3305/4)
(from Ch. 127, par. 1054)
3
Sec. 4.
Definitions.
As used in this Act, unless the
4
context clearly indicates otherwise, the following words and
5
terms have the meanings ascribed to them in this Section:
6
"Coordinator" means the staff assistant to the principal
7
executive officer of a political subdivision with the duty of
8
coordinating the emergency management programs of that
9
political subdivision.
10
"Cyber incident" means an event occurring on or conducted
11
through a computer network that actually or imminently
12
jeopardizes the integrity, confidentiality, or availability of
13
computers, information or communications systems or networks,
14
physical or virtual infrastructure controlled by computers or
15
information systems, or information resident thereon that
16
affect or control infrastructure or communications networks
17
utilized by the public. "Cyber incident" includes a
18
vulnerability in information systems, system security
19
procedures, internal controls, or implementations that could
20
be exploited by a threat source that affect or control
21
infrastructure or communications networks utilized by the
22
public.
23
"Disaster" means an occurrence or threat of widespread or
24
severe damage, injury or loss of life or property resulting
25
from any natural, technological, or human cause, including but
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not limited to fire, flood, earthquake, wind, storm, hazardous
2
materials spill or other water contamination requiring
3
emergency action to avert danger or damage, epidemic, air
4
contamination, blight, extended periods of severe and
5
inclement weather, drought, infestation, critical shortages of
6
essential fuels and energy, explosion, riot, hostile military
7
or paramilitary action, public health emergencies, cyber
8
incidents, or acts of domestic terrorism.
9
"Emergency Management" means the efforts of the State and
10
the political subdivisions to develop, plan, analyze, conduct,
11
provide, implement and maintain programs for disaster
12
mitigation, preparedness, response and recovery.
13
"Emergency Services and Disaster Agency" means the agency
14
by this name, by the name Emergency Management Agency, or by
15
any other name that is established by ordinance within a
16
political subdivision to coordinate the emergency management
17
program within that political subdivision and with private
18
organizations, other political subdivisions, the State and
19
federal governments.
20
"Emergency Operations Plan" means the written plan of the
21
State and political subdivisions describing the organization,
22
mission, and functions of the government and supporting
23
services for responding to and recovering from disasters and
24
shall include plans that take into account the needs of those
25
individuals with household pets and service animals following
26
a major disaster or emergency.
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LRB104 18339 BDA 31779 b
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"Emergency Services" means the coordination of functions
2
by the State and its political
subdivisions
subdivision
, other
3
than functions for which military forces are primarily
4
responsible, as may be necessary or proper to prevent,
5
minimize, repair, and alleviate injury and damage resulting
6
from any natural or technological causes. These functions
7
include, without limitation, fire fighting services, police
8
services, emergency aviation services, medical and health
9
services, HazMat and technical rescue teams, rescue,
10
engineering, warning services, communications, radiological,
11
chemical and other special weapons defense, evacuation of
12
persons from stricken or threatened areas, emergency assigned
13
functions of plant protection, temporary restoration of public
14
utility services and other functions related to civilian
15
protection, together with all other activities necessary or
16
incidental to protecting life or property.
17
"Exercise" means
an event or activity delivered through
18
discussion or action to develop, assess, or validate
19
capabilities to achieve planned objectives
a planned event
20
realistically simulating a disaster, conducted for the purpose
21
of evaluating the political subdivision's coordinated
22
emergency management capabilities, including, but not limited
23
to, testing the emergency operations plan
.
24
"HazMat team" means a career or volunteer mobile support
25
team that has been authorized by a unit of local government to
26
respond to hazardous materials emergencies and that is
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LRB104 18339 BDA 31779 b
1
primarily designed for emergency response to chemical or
2
biological terrorism, radiological emergencies, hazardous
3
material spills, releases, or fires, or other contamination
4
events.
5
"Illinois Emergency Management Agency
and Office of
6
Homeland Security" or "Agency
" means the agency established by
7
this Act within the executive branch of State Government
8
responsible for coordination of the overall emergency
9
management
and homeland security programs
program
of the State
10
and with private organizations, political subdivisions, and
11
the federal government. Illinois Emergency Management Agency
12
and Office of Homeland Security
also means the State Emergency
13
Response Commission responsible for the implementation of
14
Title III of the Superfund Amendments and Reauthorization Act
15
of 1986.
16
"Incident" means a disaster that does not rise to the
17
level of a Governor-issued proclamation.
18
"Mobile Support Team" or "MST" means a group of
19
individuals designated as a team by the Governor or Director
20
to train prior to and to be activated, if the Governor or the
21
Director so determines, to aid and reinforce the State and
22
political subdivision emergency management efforts in response
23
to an incident, disaster, federally declared national special
24
security event, or other large public event.
25
"Municipality" means any city, village, and incorporated
26
town.
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"Political Subdivision" means any county, city, village,
2
or incorporated town or township if the township is in a county
3
having a population of more than 2,000,000.
4
"Principal Executive Officer" means chair of the county
5
board, supervisor of a township if the township is in a county
6
having a population of more than 2,000,000, mayor of a city or
7
incorporated town, president of a village, or in their absence
8
or disability, the interim successor as established under
9
Section 7 of the Emergency Interim Executive Succession Act.
10
"Public health emergency" means an occurrence or imminent
11
threat of an illness or health condition that:
12
(a) is believed to be caused by any of the following:
13
(i) bioterrorism;
14
(ii) the appearance of a novel or previously
15
controlled or eradicated infectious agent or
16
biological toxin;
17
(iii) a natural disaster;
18
(iv) a chemical attack or accidental release; or
19
(v) a nuclear attack or accident; and
20
(b) poses a high probability of any of the following
21
harms:
22
(i) a large number of deaths in the affected
23
population;
24
(ii) a large number of serious or long-term
25
disabilities in the affected population; or
26
(iii) widespread exposure to an infectious or
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toxic agent that poses a significant risk of
2
substantial future harm to a large number of people in
3
the affected population.
4
"Statewide mutual aid organization" means an entity with
5
local government members throughout the State that facilitates
6
temporary assistance through its members in a particular
7
public safety discipline, such as police, fire or emergency
8
management, when an occurrence exceeds a member jurisdiction's
9
capabilities.
10
"Statewide Interoperability Coordinator" or "SWIC" means
11
the position created in the Agency under Section 5.5 of this
12
Act.
13
"Technical rescue team" means a career or volunteer mobile
14
support team that has been authorized by a unit of local
15
government to respond to building collapse, high angle rescue,
16
and other specialized rescue emergencies and that is primarily
17
designated for emergency response to technical rescue events.
18
(Source: P.A. 104-418, eff. 1-1-26
.)
19
(20 ILCS 3305/5)
(from Ch. 127, par. 1055)
20
Sec. 5.
Illinois Emergency Management Agency
and Office of
21
Homeland Security
.
22
(a) There is created within the executive branch of the
23
State Government an Illinois Emergency Management Agency
and
24
Office of Homeland Security
and a Director of the Illinois
25
Emergency Management Agency
and Office of Homeland Security
,
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LRB104 18339 BDA 31779 b
1
herein called the "Director" who shall be the head thereof.
2
The Director shall be appointed by the Governor, with the
3
advice and consent of the Senate, and shall serve for a term of
4
2 years beginning on the third Monday in January of the
5
odd-numbered year, and until a successor is appointed and has
6
qualified
; except that the term of the first Director
7
appointed under this Act shall expire on the third Monday in
8
January, 1989
. The Director shall not hold any other
9
remunerative public office.
For terms beginning after January
10
18, 2019 (the effective date of Public Act 100-1179) and
11
before January 16, 2023, the annual salary of the Director
12
shall be as provided in Section 5-300 of the Civil
13
Administrative Code of Illinois.
Notwithstanding any other
14
provision of law, for terms beginning on or after January 16,
15
2023, the Director shall receive an annual salary of $180,000
16
or as set by the Governor, whichever is higher. On July 1,
17
2023, and on each July 1 thereafter, the Director shall
18
receive an increase in salary based on a cost of living
19
adjustment as authorized by Senate Joint Resolution 192 of the
20
86th General Assembly.
21
For terms beginning on or after January 16, 2023, the
22
Assistant Director of the
Illinois Emergency Management
Agency
23
shall receive an annual salary of $156,600 or as set by the
24
Governor, whichever is higher. On July 1, 2023, and on each
25
July 1 thereafter, the Assistant Director shall receive an
26
increase in salary based on a cost of living adjustment as
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LRB104 18339 BDA 31779 b
1
authorized by Senate Joint Resolution 192 of the 86th General
2
Assembly.
3
(b) The
Illinois Emergency Management
Agency shall obtain,
4
under the provisions of the Personnel Code, technical,
5
clerical, stenographic and other administrative personnel, and
6
may make expenditures within the appropriation therefor as may
7
be necessary to carry out the purpose of this Act.
The agency
8
created by this Act is intended to be a successor to the agency
9
created under the Illinois Emergency Services and Disaster
10
Agency Act of 1975 and the personnel, equipment, records, and
11
appropriations of that agency are transferred to the successor
12
agency as of June 30, 1988 (the effective date of this Act).
13
(c) The Director, subject to the direction and control of
14
the Governor, shall be the executive head of the
Illinois
15
Emergency Management
Agency and the State Emergency Response
16
Commission and shall be responsible under the direction of the
17
Governor, for carrying out the
programs
program
for emergency
18
management
, nuclear and radiation safety, and homeland
19
security
of this State. The Director shall also maintain
20
liaison and cooperate with the emergency management
, nuclear
21
and radiation safety, and homeland security
organizations of
22
this State and other states and of the federal government.
23
(d) The
Illinois Emergency Management
Agency shall take an
24
integral part in the development and revision of political
25
subdivision emergency operations plans prepared under
26
paragraph (f) of Section 10. To this end it shall employ or
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otherwise secure the services of professional and technical
2
personnel capable of providing expert assistance to the
3
emergency services and disaster agencies. These personnel
4
shall consult with emergency services and disaster agencies on
5
a regular basis and shall make field examinations of the
6
areas, circumstances, and conditions that particular political
7
subdivision emergency operations plans are intended to apply.
8
(e) The
Illinois Emergency Management
Agency and political
9
subdivisions shall be encouraged to form an emergency
10
management advisory committee composed of private and public
11
personnel representing the emergency management phases of
12
mitigation, preparedness, response, and recovery. The Local
13
Emergency Planning Committee, as created under the Illinois
14
Emergency Planning and Community Right to Know Act, shall
15
serve as an advisory committee to the emergency services and
16
disaster agency or agencies serving within the boundaries of
17
that Local Emergency Planning Committee planning district for:
18
(1) the development of emergency operations plan
19
provisions for hazardous chemical emergencies; and
20
(2) the assessment of emergency response capabilities
21
related to hazardous chemical emergencies.
22
(f) The
Illinois Emergency Management
Agency shall:
23
(1) Coordinate the overall emergency management
,
24
nuclear and radiation safety, and homeland security
25
programs
program
of the State.
26
(2) Cooperate with local governments, the federal
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1
government, and any public or private agency or entity in
2
achieving any purpose of this Act and in implementing
3
emergency management programs for mitigation,
4
preparedness, response, and recovery.
5
(2.5) Develop a comprehensive emergency preparedness
6
and response plan for any nuclear accident in accordance
7
with Section 65 of the Nuclear Safety Law of 2004 and in
8
development of the Illinois Nuclear Safety Preparedness
9
program in accordance with Section 8 of the Illinois
10
Nuclear Safety Preparedness Act.
11
(2.6) Coordinate with the Department of Public Health
12
with respect to planning for and responding to public
13
health emergencies.
14
(3) Prepare, for issuance by the Governor, executive
15
orders, proclamations, and regulations as necessary or
16
appropriate in coping with disasters.
17
(4) Promulgate rules and requirements for political
18
subdivision emergency operations plans that are not
19
inconsistent with and are at least as stringent as
20
applicable federal laws and regulations.
21
(5) Review and approve, in accordance with
Illinois
22
Emergency Management
Agency rules, emergency operations
23
plans for those political subdivisions required to have an
24
emergency services and disaster agency pursuant to this
25
Act.
26
(5.5) Promulgate rules and requirements for the
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1
political subdivision emergency management exercises,
2
including, but not limited to, exercises of the emergency
3
operations plans.
4
(5.10) Review, evaluate, and approve, in accordance
5
with
Illinois Emergency Management
Agency rules, political
6
subdivision emergency management exercises for those
7
political subdivisions required to have an emergency
8
services and disaster agency pursuant to this Act.
9
(6) Determine requirements of the State and its
10
political subdivisions for food, clothing, and other
11
necessities in event of a disaster.
12
(7) Establish a register of persons with types of
13
emergency management training and skills in mitigation,
14
preparedness, response, and recovery.
15
(8) Establish a register of government and private
16
response resources available for use in a disaster.
17
(9) Expand the Earthquake Awareness Program and its
18
efforts to distribute earthquake preparedness materials to
19
schools, political subdivisions, community groups, civic
20
organizations, and the media. Emphasis will be placed on
21
those areas of the State most at risk from an earthquake.
22
Maintain the list of all school districts, hospitals,
23
airports, power plants, including nuclear power plants,
24
lakes, dams, emergency response facilities of all types,
25
and all other major public or private structures which are
26
at the greatest risk of damage from earthquakes under
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1
circumstances where the damage would cause subsequent harm
2
to the surrounding communities and residents.
3
(10) Disseminate all information, completely and
4
without delay, on water levels for rivers and streams and
5
any other data pertaining to potential flooding supplied
6
by the Division of Water Resources within the Department
7
of Natural Resources to all political subdivisions to the
8
maximum extent possible.
9
(11) Develop agreements, if feasible, with medical
10
supply and equipment firms to supply resources as are
11
necessary to respond to an earthquake or any other
12
disaster as defined in this Act. These resources will be
13
made available upon notifying the vendor of the disaster.
14
Payment for the resources will be in accordance with
15
Section 7 of this Act. The Illinois Department of Public
16
Health shall determine which resources will be required
17
and requested.
18
(11.5) In coordination with the Illinois State Police,
19
develop and implement a community outreach program to
20
promote awareness among the State's parents and children
21
of child abduction prevention and response.
22
(12) Out of funds appropriated for these purposes,
23
award capital and non-capital grants to Illinois hospitals
24
or health care facilities located outside of a city with a
25
population in excess of 1,000,000 to be used for purposes
26
that include, but are not limited to, preparing to respond
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1
to mass casualties and disasters, maintaining and
2
improving patient safety and quality of care, and
3
protecting the confidentiality of patient information. No
4
single grant for a capital expenditure shall exceed
5
$300,000. No single grant for a non-capital expenditure
6
shall exceed $100,000. In awarding such grants, preference
7
shall be given to hospitals that serve a significant
8
number of Medicaid recipients, but do not qualify for
9
disproportionate share hospital adjustment payments under
10
the Illinois Public Aid Code. To receive such a grant, a
11
hospital or health care facility must provide funding of
12
at least 50% of the cost of the project for which the grant
13
is being requested. In awarding such grants the
Illinois
14
Emergency Management
Agency shall consider the
15
recommendations of the Illinois Hospital Association.
16
(13) Do all other things necessary, incidental or
17
appropriate for the implementation of this Act.
18
(g) The
Illinois Emergency Management
Agency is authorized
19
to make grants to various higher education institutions,
20
public K-12 school districts, area vocational centers as
21
designated by the State Board of Education, inter-district
22
special education cooperatives, regional safe schools, and
23
nonpublic K-12 schools for safety and security improvements.
24
For the purpose of this subsection (g), "higher education
25
institution" means a public university, a public community
26
college, or an independent, not-for-profit or for-profit
SB3659
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higher education institution located in this State. Grants
2
made under this subsection (g) shall be paid out of moneys
3
appropriated for that purpose from the Build Illinois Bond
4
Fund. The
Illinois Emergency Management
Agency shall adopt
5
rules to implement this subsection (g). These rules may
6
specify: (i) the manner of applying for grants; (ii) project
7
eligibility requirements; (iii) restrictions on the use of
8
grant moneys; (iv) the manner in which the various higher
9
education institutions must account for the use of grant
10
moneys; and (v) any other provision that the
Illinois
11
Emergency Management
Agency determines to be necessary or
12
useful for the administration of this subsection (g).
13
(g-5) The
Illinois Emergency Management
Agency is
14
authorized to make grants to not-for-profit organizations
15
which are exempt from federal income taxation under section
16
501(c)(3) of the Federal Internal Revenue Code for eligible
17
security improvements that assist the organization in
18
preventing, preparing for, or responding to threats, attacks,
19
or acts of terrorism. To be eligible for a grant under the
20
program, the Agency must determine that the organization is at
21
a high risk of being subject to threats, attacks, or acts of
22
terrorism based on the organization's profile, ideology,
23
mission, or beliefs. Eligible security improvements shall
24
include all eligible preparedness activities under the federal
25
Nonprofit Security Grant Program, including, but not limited
26
to, physical security upgrades, security training exercises,
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preparedness training exercises, contracting with security
2
personnel, and any other security upgrades deemed eligible by
3
the Director. Eligible security improvements shall not
4
duplicate, in part or in whole, a project included under any
5
awarded federal grant or in a pending federal application. The
6
Director shall establish procedures and forms by which
7
applicants may apply for a grant and procedures for
8
distributing grants to recipients. Any security improvements
9
awarded shall remain at the physical property listed in the
10
grant application, unless authorized by Agency rule or
11
approved by the Agency in writing. The procedures shall
12
require each applicant to do the following:
13
(1) identify and substantiate prior or current
14
threats, attacks, or acts of terrorism against the
15
not-for-profit organization;
16
(2) indicate the symbolic or strategic value of one or
17
more sites that renders the site a possible target of a
18
threat, attack, or act of terrorism;
19
(3) discuss potential consequences to the organization
20
if the site is damaged, destroyed, or disrupted by a
21
threat, attack, or act of terrorism;
22
(4) describe how the grant will be used to integrate
23
organizational preparedness with broader State and local
24
preparedness efforts, as described by the Agency in each
25
Notice of Opportunity for Funding;
26
(5) submit (i) a vulnerability assessment conducted by
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experienced security, law enforcement, or military
2
personnel, or conducted using an Agency-approved or
3
federal Nonprofit Security Grant Program self-assessment
4
tool, and (ii) a description of how the grant award will be
5
used to address the vulnerabilities identified in the
6
assessment; and
7
(6) submit any other relevant information as may be
8
required by the Director.
9
The Agency is authorized to use funds appropriated for the
10
grant program described in this subsection (g-5) to administer
11
the program. Any Agency Notice of Opportunity for Funding,
12
proposed or final rulemaking, guidance, training opportunity,
13
or other resource related to the grant program must be
14
published on the Agency's publicly available website, and any
15
announcements related to funding shall be shared with all
16
State legislative offices, the Governor's office, emergency
17
services and disaster agencies mandated or required pursuant
18
to subsections (b) through (d) of Section 10, and any other
19
State agencies as determined by the Agency. Subject to
20
appropriation, the grant application period shall be open for
21
no less than 45 calendar days during the first application
22
cycle each fiscal year, unless the Agency determines that a
23
shorter period is necessary to avoid conflicts with the annual
24
federal Nonprofit Security Grant Program funding cycle.
25
Additional application cycles may be conducted during the same
26
fiscal year, subject to availability of funds. Upon request,
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Agency staff shall provide reasonable assistance to any
2
applicant in completing a grant application or meeting a
3
post-award requirement.
4
In addition to any advance payment rules or procedures
5
adopted by the Agency, the Agency shall adopt rules or
6
procedures by which grantees under this subsection (g-5) may
7
receive a working capital advance of initial start-up costs
8
and up to 2 months of program expenses, not to exceed 25% of
9
the total award amount, if, during the application process,
10
the grantee demonstrates a need for funds to commence a
11
project. The remaining funds must be paid through
12
reimbursement after the grantee presents sufficient supporting
13
documentation of expenditures for eligible activities.
14
(h) Except as provided in Section 17.5 of this Act, any
15
moneys received by the Agency from donations or sponsorships
16
unrelated to a disaster shall be deposited in the Emergency
17
Planning and Training Fund and used by the Agency, subject to
18
appropriation, to effectuate planning and training activities.
19
Any moneys received by the Agency from donations during a
20
disaster and intended for disaster response or recovery shall
21
be deposited into the Disaster Response and Recovery Fund and
22
used for disaster response and recovery pursuant to the
23
Disaster Relief Act.
24
(i) The
Illinois Emergency Management
Agency may by rule
25
assess and collect reasonable fees for attendance at
26
Agency-sponsored conferences to enable the Agency to carry out
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the requirements of this Act. Any moneys received under this
2
subsection shall be deposited in the Emergency Planning and
3
Training Fund and used by the Agency, subject to
4
appropriation, for planning and training activities.
5
(j) The
Illinois Emergency Management
Agency is authorized
6
to make grants to other State agencies, public universities,
7
units of local government, and statewide mutual aid
8
organizations to enhance statewide emergency preparedness and
9
response.
10
(k) Subject to appropriation from the Emergency Planning
11
and Training Fund, the Illinois Emergency Management Agency
12
and Office of Homeland Security shall obtain training services
13
and support for local emergency services and support for local
14
emergency services and disaster agencies for training,
15
exercises, and equipment related to carbon dioxide pipelines
16
and sequestration, and, subject to the availability of
17
funding, shall provide $5,000 per year to the Illinois Fire
18
Service Institute for first responder training required under
19
Section 4-615 of the Public Utilities Act. Amounts in the
20
Emergency Planning and Training Fund will be used by the
21
Illinois Emergency Management Agency and Office of Homeland
22
Security for administrative costs incurred in carrying out the
23
requirements of this subsection. To carry out the purposes of
24
this subsection, the Illinois Emergency Management Agency and
25
Office of Homeland Security may accept moneys from all
26
authorized sources into the Emergency Planning and Training
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Fund, including, but not limited to, transfers from the Carbon
2
Dioxide Sequestration Administrative Fund and the Public
3
Utility Fund.
4
(l) The Agency shall do all other things necessary,
5
incidental, or appropriate for the implementation of this Act,
6
including the adoption of rules in accordance with the
7
Illinois Administrative Procedure Act.
8
(Source: P.A. 103-418, eff. 1-1-24; 103-588, eff. 1-1-25;
9
103-651, eff. 7-18-24; 103-999, eff. 1-1-25; 104-417, eff.
10
8-15-25.)
11
(20 ILCS 3305/5.5 new)
12
Sec. 5.5.
Statewide Interoperability Coordinator (SWIC).
13
(a) The Statewide Interoperability Coordinator (SWIC) is
14
hereby created as a position within the Agency.
15
(b) The SWIC shall:
16
(1) act as the senior advisor and central coordination
17
point for public safety communications efforts and serves
18
as the principal policy making authority for public safety
19
interoperable communications statewide;
20
(2) plan and implement the statewide interoperability
21
program, guided by initiatives outlined in the National
22
Emergency Communication Plan and Statewide Communications
23
Interoperability Plan;
24
(3) ascertain what means exist for rapid and efficient
25
communications in times of disaster;
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(4) serve as the central coordination point for the
2
State's communications interoperability as well as the
3
Single Point of Contact for the First Responder Network
4
Authority and assist with mediation to achieve an
5
interoperable communications ecosystem;
6
(5) coordinate with all emergency response leaders
7
within State agencies, public jurisdictions, the federal
8
government, and private entities to implement and maintain
9
the state's strategic vision for interoperability to
10
ensure emergency readiness;
11
(6) coordinate governing body activities to maximize
12
integration and collaboration across the emergency
13
communications landscape and serve as a member of the
14
Statewide Interoperability Executive Committee or its
15
successor entity and may act on behalf of the Statewide
16
Interoperability Executive Committee;
17
(7) recommend regulatory changes relating to public
18
safety communications and interoperability activities
19
statewide;
20
(8) on behalf of the State, serve as the point of
21
contact for the federal government and industry on issues
22
concerning statewide interoperable communications;
23
(9) ensure federal funding for emergency
24
communications initiatives are coordinated, align to the
25
National Emergency Communication Plan and Statewide
26
Communications Interoperability Plan, and are compatible
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with surrounding systems;
2
(10) represent the State in national, regional, and
3
local efforts to plan and implement changes needed to
4
achieve interoperability and continuity of communications
5
for emergency responders;
6
(11) ensure a comprehensive approach to public safety
7
communications and cybersecurity across all technologies;
8
and
9
(12) support operational communications by regularly
10
coordinating, planning, and communicating with relevant
11
industry, communications providers, and other
12
stakeholders.
13
(20 ILCS 3305/6)
(from Ch. 127, par. 1056)
14
Sec. 6.
Emergency Management Powers of the Governor.
15
(a) The Governor shall have general direction and control
16
of the
Illinois Emergency Management
Agency and shall be
17
responsible for the carrying out of the provisions of this
18
Act.
19
(b) In performing duties under this Act, the Governor is
20
authorized to cooperate with the federal government and with
21
other states in all matters pertaining to emergency
22
management
, nuclear and radiation safety, and homeland
23
security
.
24
(c) In performing duties under this Act, the Governor is
25
further authorized:
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(1) To make, amend, and rescind all lawful necessary
2
orders, rules, and regulations to carry out the provisions
3
of this Act within the limits of the authority conferred
4
upon the Governor.
5
(2) To cause to be prepared a comprehensive plan and
6
programs
program
for the emergency management
, nuclear and
7
radiation safety, and homeland security
of this State,
8
which plan and program shall be integrated into and
9
coordinated with emergency management
, nuclear and
10
radiation safety, and homeland security
plans and programs
11
of the federal government and of other states whenever
12
possible and which plan and program may include:
13
a. Mitigation of injury and damage caused by
14
disaster.
15
b. Prompt and effective response to disaster.
16
c. Emergency relief.
17
d. Identification of areas particularly vulnerable
18
to disasters.
19
e. Recommendations for zoning, building, and other
20
land-use controls, safety measures for securing
21
permanent structures and other mitigation measures
22
designed to eliminate or reduce disasters or their
23
impact.
24
f. Assistance to political subdivisions in
25
designing emergency operations plans.
26
g. Authorization and procedures for the erection
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1
or other construction of temporary works designed to
2
mitigate danger, damage or loss from flood, or other
3
disaster.
4
h. Preparation and distribution to the appropriate
5
State and political subdivision officials of a State
6
catalog of federal, State, and private assistance
7
programs.
8
i. Organization of State personnel and chains of
9
command.
10
j. Coordination of federal, State, and political
11
subdivision emergency management
, nuclear and
12
radiation safety, and homeland security
activities.
13
k. Other necessary matters.
14
(3) In accordance with the
plans and programs
plan and
15
program
for the emergency management
, nuclear and
16
radiation safety, and homeland security
of this State, and
17
out of funds appropriated for these purposes, to procure
18
and preposition supplies, medicines, materials and
19
equipment, to institute training programs and public
20
information programs, and to take all other preparatory
21
steps including the partial or full mobilization of MSTs
22
and emergency services and disaster agencies to insure the
23
furnishing of adequately trained and equipped forces for
24
incidents, disasters, federally declared national special
25
security events, and other large public events.
26
(4) Out of funds appropriated for these purposes, to
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1
make studies and surveys of the industries, resources, and
2
facilities in this State as may be necessary to ascertain
3
the capabilities of the State for emergency management
4
phases of mitigation, preparedness, response, and recovery
5
and to plan for the most efficient emergency use thereof.
6
(5) On behalf of this State, to negotiate for and
7
submit to the General Assembly for its approval or
8
rejection reciprocal mutual aid agreements or compacts
9
with other states, either on a statewide or political
10
subdivision basis. The agreements or compacts, shall be
11
limited to the furnishing or exchange of food, clothing,
12
medical or other supplies, engineering and police
13
services; emergency housing and feeding; National and
14
State Guards while under the control of the State; health,
15
medical, and related services; fire fighting, rescue,
16
transportation, communication, and construction services
17
and equipment, provided, however, that if the General
18
Assembly be not in session and the Governor has not
19
proclaimed the existence of a disaster under this Section,
20
then the agreements or compacts shall instead be submitted
21
to an Interim Committee on Emergency Management composed
22
of 5 Senators appointed by the President of the Senate and
23
of 5 Representatives appointed by the Speaker of the
24
House, during the month of June of each odd-numbered year
25
to serve for a 2 year term, beginning July 1 of that year,
26
and until their successors are appointed and qualified, or
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1
until termination of their legislative service, whichever
2
first occurs. Vacancies shall be filled by appointment for
3
the unexpired term in the same manner as original
4
appointments. All appointments shall be made in writing
5
and filed with the Secretary of State as a public record.
6
The Committee shall have the power to approve or reject
7
any agreements or compacts for and on behalf of the
8
General Assembly; and, provided further, that an
9
affirmative vote of 2/3 of the members of the Committee
10
shall be necessary for the approval of any agreement or
11
compact.
12
(Source: P.A. 104-418, eff. 1-1-26
.)
13
(20 ILCS 3305/7)
(from Ch. 127, par. 1057)
14
Sec. 7.
Emergency Powers of the Governor.
In the event of a
15
disaster, as defined in Section 4, the Governor may, by
16
proclamation declare that a disaster exists. Upon such
17
proclamation, the Governor shall have and may exercise for a
18
period not to exceed 30 days the following emergency powers;
19
provided, however, that the lapse of the emergency powers
20
shall not, as regards any act or acts occurring or committed
21
within the 30-day period, deprive any person, firm,
22
corporation, political subdivision, or body politic of any
23
right or rights to compensation or reimbursement which he,
24
she, it, or they may have under the provisions of this Act:
25
(1) To suspend the provisions of any regulatory
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1
statute prescribing procedures for conduct of State
2
business, or the orders, rules and regulations of any
3
State agency, if strict compliance with the provisions of
4
any statute, order, rule, or regulation would in any way
5
prevent, hinder or delay necessary action, including
6
emergency purchases, by the
Illinois Emergency Management
7
Agency, in coping with the disaster.
8
(2) To utilize all available resources of the State
9
government as reasonably necessary to cope with the
10
disaster and of each political subdivision of the State.
11
(3) To transfer the direction, personnel or functions
12
of State departments and agencies or units thereof for the
13
purpose of performing or facilitating disaster response
14
and recovery programs.
15
(4) On behalf of this State to take possession of, and
16
to acquire full title or a lesser specified interest in,
17
any personal property as may be necessary to accomplish
18
the objectives set forth in Section 2 of this Act,
19
including: airplanes, automobiles, trucks, trailers,
20
buses, and other vehicles; coal, oils, gasoline, and other
21
fuels and means of propulsion; explosives, materials,
22
equipment, and supplies; animals and livestock; feed and
23
seed; food and provisions for humans and animals; clothing
24
and bedding; and medicines and medical and surgical
25
supplies; and to take possession of and for a limited
26
period occupy and use any real estate necessary to
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1
accomplish those objectives; but only upon the undertaking
2
by the State to pay just compensation therefor as in this
3
Act provided, and then only under the following
4
provisions:
5
a. The Governor, or the person or persons as the
6
Governor may authorize so to do, may forthwith take
7
possession of property for and on behalf of the State;
8
provided, however, that the Governor or persons shall
9
simultaneously with the taking, deliver to the owner
10
or his or her agent, if the identity of the owner or
11
agency is known or readily ascertainable, a signed
12
statement in writing, that shall include the name and
13
address of the owner, the date and place of the taking,
14
description of the property sufficient to identify it,
15
a statement of interest in the property that is being
16
so taken, and, if possible, a statement in writing,
17
signed by the owner, setting forth the sum that he or
18
she is willing to accept as just compensation for the
19
property or use. Whether or not the owner or agent is
20
known or readily ascertainable, a true copy of the
21
statement shall promptly be filed by the Governor or
22
the person with the Director, who shall keep the
23
docket of the statements. In cases where the sum that
24
the owner is willing to accept as just compensation is
25
less than $1,000, copies of the statements shall also
26
be filed by the Director with, and shall be passed upon
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1
by an Emergency Management Claims Commission,
2
consisting of 3 disinterested citizens who shall be
3
appointed by the Governor, by and with the advice and
4
consent of the Senate, within 20 days after the
5
Governor's declaration of a disaster, and if the sum
6
fixed by them as just compensation be less than $1,000
7
and is accepted in writing by the owner, then the State
8
Treasurer out of funds appropriated for these
9
purposes, shall, upon certification thereof by the
10
Emergency Management Claims Commission, cause the sum
11
so certified forthwith to be paid to the owner. The
12
Emergency Management Claims Commission is hereby given
13
the power to issue appropriate subpoenas and to
14
administer oaths to witnesses and shall keep
15
appropriate minutes and other records of its actions
16
upon and the disposition made of all claims.
17
b. When the compensation to be paid for the taking
18
or use of property or interest therein is not or cannot
19
be determined and paid under item a of this paragraph
20
(4), a petition in the name of The People of the State
21
of Illinois shall be promptly filed by the Director,
22
which filing may be enforced by mandamus, in the
23
circuit court of the county where the property or any
24
part thereof was located when initially taken or used
25
under the provisions of this Act praying that the
26
amount of compensation to be paid to the person or
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1
persons interested therein be fixed and determined.
2
The petition shall include a description of the
3
property that has been taken, shall state the physical
4
condition of the property when taken, shall name as
5
defendants all interested parties, shall set forth the
6
sum of money estimated to be just compensation for the
7
property or interest therein taken or used, and shall
8
be signed by the Director. The litigation shall be
9
handled by the Attorney General for and on behalf of
10
the State.
11
c. Just compensation for the taking or use of
12
property or interest therein shall be promptly
13
ascertained in proceedings and established by judgment
14
against the State, that shall include, as part of the
15
just compensation so awarded, interest at the rate of
16
6% per annum on the fair market value of the property
17
or interest therein from the date of the taking or use
18
to the date of the judgment; and the court may order
19
the payment of delinquent taxes and special
20
assessments out of the amount so awarded as just
21
compensation and may make any other orders with
22
respect to encumbrances, rents, insurance, and other
23
charges, if any, as shall be just and equitable.
24
(5) When required by the exigencies of the disaster,
25
to sell, lend, rent, give, or distribute all or any part of
26
property so or otherwise acquired to the inhabitants of
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1
this State, or to political subdivisions of this State,
2
or, under the interstate mutual aid agreements or compacts
3
as are entered into under the provisions of subparagraph
4
(5) of paragraph (c) of Section 6 to other states, and to
5
account for and transmit to the State Treasurer all funds,
6
if any, received therefor.
7
(6) To recommend the evacuation of all or part of the
8
population from any stricken or threatened area within the
9
State if the Governor deems this action necessary.
10
(7) To prescribe routes, modes of transportation, and
11
destinations in connection with evacuation.
12
(8) To control ingress and egress to and from a
13
disaster area, the movement of persons within the area,
14
and the occupancy of premises therein.
15
(9) To suspend or limit the sale, dispensing, or
16
transportation of alcoholic beverages, firearms,
17
explosives, and combustibles.
18
(10) To make provision for the availability and use of
19
temporary emergency housing.
20
(11) A proclamation of a disaster shall activate the
21
State Emergency Operations Plan, and political subdivision
22
emergency operations plans applicable to the political
23
subdivision or area in question and be authority for the
24
deployment and use of any forces that the plan or plans
25
apply and for use or distribution of any supplies,
26
equipment, and materials and facilities assembled,
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1
stockpiled or arranged to be made available under this Act
2
or any other provision of law relating to disasters.
3
(12) Control, restrict, and regulate by rationing,
4
freezing, use of quotas, prohibitions on shipments, price
5
fixing, allocation or other means, the use, sale or
6
distribution of food, feed, fuel, clothing and other
7
commodities, materials, goods, or services; and perform
8
and exercise any other functions, powers, and duties as
9
may be necessary to promote and secure the safety and
10
protection of the civilian population.
11
(13) During the continuance of any disaster the
12
Governor is commander-in-chief of the organized and
13
unorganized militia and of all other forces available for
14
emergency duty. To the greatest extent practicable, the
15
Governor shall delegate or assign authority to the
16
Director to manage, coordinate, and direct all resources
17
by orders issued at the time of the disaster.
18
(14) Prohibit increases in the prices of goods and
19
services during a disaster.
20
(Source: P.A. 102-485, eff. 8-20-21.)
21
(20 ILCS 3305/8)
(from Ch. 127, par. 1058)
22
Sec. 8.
Mobile support teams; mutual aid.
23
(a) The Governor or Director, on behalf of the Governor,
24
may enter into agreements with local governments, the federal
25
government, tribal governments, and any public or private
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1
agency or entity in achieving any purpose of this Act and in
2
implementing emergency management programs for mitigation,
3
preparedness, response, and recovery.
4
(b) The Governor or Director may activate mobile support
5
teams (MSTs) to aid and reinforce the
Illinois Emergency
6
Management
Agency
and Office of Homeland Security,
and
7
emergency services and disaster agencies in this State or
8
out-of-state pursuant to the Emergency Management Assistance
9
Compact, as ratified in the Emergency Management Assistance
10
Compact Act, for incidents, disasters, federally declared
11
national special security events, and other large public
12
events.
13
(c) Each mobile support team shall have a leader or
14
leadership group, who will be responsible for the
15
organization, administration, training, and general operation
16
of the mobile support team.
17
(d) While activated on behalf of the State, the MST shall
18
report to the Director or designee as the Director retains
19
operational control of MSTs even if they have been tasked to
20
support emergency services and disaster agencies.
21
(e) Personnel of an MST while activated by the Governor or
22
Director or while engaged in State-approved or State-sponsored
23
training or exercises, whether within or without the State,
24
shall:
25
(1) If they are paid employees of the State, have the
26
powers, duties, rights, privileges and immunities and
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1
receive the compensation incidental to their employment.
2
(2) If they are paid employees of a political
3
subdivision or body politic of this State, and whether
4
serving within or without that political subdivision or
5
body politic, have the powers, duties, rights, privileges
6
and immunities, and receive the compensation incidental to
7
their employment.
8
(3) If they are not employees of the State, political
9
subdivision or body politic, or being such employees, are
10
not normally paid for their services, be entitled to at
11
least one dollar per year compensation from the State.
12
(f) All personnel of MSTs may, while activated by the
13
Governor or Director, be reimbursed by this State for all
14
actual and necessary travel and subsistence expenses related
15
to their activation.
16
(g) Personnel of a mobile support team who suffer disease,
17
injury or death, while activated by the Governor or Director,
18
shall for the purposes of benefits under the Workers'
19
Compensation Act or Workers' Occupational Diseases Act only,
20
be deemed to be employees of this State. If the person
21
diseased, injured or killed is an employee described in item
22
(3) of subsection (e), the computation of benefits payable
23
under either of those Acts shall be based on income
24
commensurate with comparable State employees doing the same
25
type of work or income from the person's regular employment,
26
whichever is greater.
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1
(h) In lieu of subsection (f), the State may, by
2
agreement, reimburse each political subdivision or body
3
politic from the Disaster Response and Recovery Fund, or from
4
other funding determined by the State, for the compensation
5
paid and the actual and necessary travel and subsistence
6
expenses of paid employees of the political subdivision or
7
body politic while serving, outside of its geographical
8
boundaries on behalf of the State, as members of an MST, and
9
for all payments made for death, disease or injury of those
10
paid employees arising out of and incurred in the course of
11
that duty, and for all losses of or damage to supplies and
12
equipment of the political subdivision or body politic
13
resulting from the operations.
14
(i) Whenever activated MSTs or units of another state
15
operating under orders of the Governor of their home state,
16
render aid to this State, all questions relating to
17
reimbursement by this State in regard to the assistance
18
rendered shall be determined by the mutual aid agreements, MST
19
agreements, or interstate compacts described in subparagraph
20
(5) of paragraph (c) of Section 6 as are existing at the time
21
of the assistance rendered, pursuant to the Emergency
22
Management Assistance Compact as ratified in the Emergency
23
Management Assistance Compact Act, as are entered into
24
thereafter.
25
(j) No personnel of MSTs of this State may be ordered by
26
the Governor or Director to operate in any other state unless a
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1
request for the same has been made by the Governor or duly
2
authorized representative of the other state pursuant to the
3
Emergency Management Assistance Compact, as ratified in the
4
Emergency Management Assistance Compact Act, or a successor
5
law.
6
(k) All expenses and compensation reimbursed under this
7
Section may be provided from the Disaster Response and
8
Recovery Fund or other funding determined by the State. The
9
mutual aid agreement shall specify the manner and method in
10
which compensation shall be paid.
11
(Source: P.A. 104-418, eff. 1-1-26
.)
12
(20 ILCS 3305/10)
(from Ch. 127, par. 1060)
13
Sec. 10.
Emergency Services and Disaster Agencies.
14
(a) Each political subdivision within this State shall be
15
within the jurisdiction of and served by the
Illinois
16
Emergency Management
Agency and by an emergency services and
17
disaster agency responsible for emergency management programs.
18
A township, if the township is in a county having a population
19
of more than 2,000,000, must have approval of the county
20
coordinator before establishment of a township emergency
21
services and disaster agency.
22
(b) Unless multiple county emergency services and disaster
23
agency consolidation is authorized by the
Illinois Emergency
24
Management
Agency with the consent of the respective counties,
25
each county shall maintain an emergency services and disaster
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1
agency that has jurisdiction over and serves the entire
2
county, except as otherwise provided under this Act and except
3
that in any county with a population of over 3,000,000
4
containing a municipality with a population of over 500,000
5
the jurisdiction of the county agency shall not extend to the
6
municipality when the municipality has established its own
7
agency.
8
(c) Each municipality with a population of over 500,000
9
shall maintain an emergency services and disaster agency which
10
has jurisdiction over and serves the entire municipality. A
11
municipality with a population less than 500,000 may
12
establish, by ordinance, an agency or department responsible
13
for emergency management within the municipality's corporate
14
limits.
15
(d) The Governor shall determine which municipal
16
corporations, other than those specified in paragraph (c) of
17
this Section, need emergency services and disaster agencies of
18
their own and require that they be established and maintained.
19
The Governor shall make these determinations on the basis of
20
the municipality's disaster vulnerability and capability of
21
response related to population size and concentration. The
22
emergency services and disaster agency of a county or
23
township, shall not have a jurisdiction within a political
24
subdivision having its own emergency services and disaster
25
agency, but shall cooperate with the emergency services and
26
disaster agency of a city, village or incorporated town within
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1
their borders. The
Illinois Emergency Management
Agency shall
2
publish and furnish a current list to the municipalities
3
required to have an emergency services and disaster agency
4
under this subsection.
5
(e) Each municipality that is not required to and does not
6
have an emergency services and disaster agency shall have a
7
liaison officer designated to facilitate the cooperation and
8
protection of that municipal corporation with the county
9
emergency services and disaster agency in which it is located
10
in the work of disaster mitigation, preparedness, response,
11
and recovery.
12
(f) The principal executive officer or his or her designee
13
of each political subdivision in the State shall annually
14
notify the
Illinois Emergency Management
Agency of the manner
15
in which the political subdivision is providing or securing
16
emergency management, identify the executive head of the
17
agency or the department from which the service is obtained,
18
or the liaison officer in accordance with
subsection (e)
19
paragraph (d) of this Section
and furnish additional
20
information relating thereto as the
Illinois Emergency
21
Management
Agency requires.
22
(g) Each emergency services and disaster agency shall
23
prepare an emergency operations plan for its geographic
24
boundaries that complies with planning, review, and approval
25
standards promulgated by the
Illinois Emergency Management
26
Agency. The
Illinois Emergency Management
Agency shall
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1
determine which jurisdictions will be required to include
2
earthquake preparedness in their local emergency operations
3
plans.
4
(h) The emergency services and disaster agency shall
5
prepare and distribute to all appropriate officials in written
6
form a clear and complete statement of the emergency
7
responsibilities of all local departments and officials and of
8
the disaster chain of command.
9
(i) Each emergency services and disaster agency shall have
10
a Coordinator who shall be appointed by the principal
11
executive officer of the political subdivision in the same
12
manner as are the heads of regular governmental departments.
13
If the political subdivision is a county and the principal
14
executive officer appoints the sheriff as the Coordinator, the
15
sheriff may, in addition to his or her regular compensation,
16
receive compensation at the same level as provided in
Article
17
3 of the Counties Code
Section 3 of "An Act in relation to the
18
regulation of motor vehicle traffic and the promotion of
19
safety on public highways in counties", approved August 9,
20
1951, as amended
. The Coordinator shall have direct
21
responsibility for the organization, administration, training,
22
and operation of the emergency services and disaster agency,
23
subject to the direction and control of that principal
24
executive officer. Each emergency services and disaster agency
25
shall coordinate and may perform emergency management
26
functions within the territorial limits of the political
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1
subdivision within which it is organized as are prescribed in
2
and by the State Emergency Operations Plan, and programs,
3
orders, rules and regulations as may be promulgated by the
4
Illinois Emergency Management
Agency and by local ordinance
5
and, in addition, shall conduct such functions outside of
6
those territorial limits as may be required under mutual aid
7
agreements and compacts as are entered into under subparagraph
8
(5) of paragraph (c) of Section 6.
9
(j) In carrying out the provisions of this Act, each
10
political subdivision may enter into contracts and incur
11
obligations necessary to place it in a position effectively to
12
combat the disasters as are described in Section 4, to protect
13
the health and safety of persons, to protect property, and to
14
provide emergency assistance to victims of those disasters. If
15
a disaster occurs, each political subdivision may exercise the
16
powers vested under this Section in the light of the
17
exigencies of the disaster and, excepting mandatory
18
constitutional requirements, without regard to the procedures
19
and formalities normally prescribed by law pertaining to the
20
performance of public work, entering into contracts, the
21
incurring of obligations, the employment of temporary workers,
22
the rental of equipment, the purchase of supplies and
23
materials, and the appropriation, expenditure, and disposition
24
of public funds and property.
25
(k) Volunteers who, while engaged in a disaster, an
26
exercise, training related to the emergency operations plan of
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1
the political subdivision, or a search-and-rescue team
2
response to an occurrence or threat of injury or loss of life
3
that is beyond local response capabilities, suffer disease,
4
injury or death, shall, for the purposes of benefits under the
5
Workers' Compensation Act or Workers' Occupational Diseases
6
Act only, be deemed to be employees of the State, if: (1) the
7
claimant is a duly qualified and enrolled (sworn in) as a
8
volunteer of the
Illinois Emergency Management
Agency or an
9
emergency services and disaster agency accredited by the
10
Illinois Emergency Management
Agency, and (2) if: (i) the
11
claimant was participating in a disaster as defined in Section
12
4 of this Act, (ii) the exercise or training participated in
13
was specifically and expressly approved by the
Illinois
14
Emergency Management
Agency prior to the exercise or training,
15
or (iii) the search-and-rescue team response was to an
16
occurrence or threat of injury or loss of life that was beyond
17
local response capabilities and was specifically and expressly
18
approved by the
Illinois Emergency Management
Agency prior to
19
the search-and-rescue team response. The computation of
20
benefits payable under either of those Acts shall be based on
21
the income commensurate with comparable State employees doing
22
the same type work or income from the person's regular
23
employment, whichever is greater.
24
Volunteers who are working under the direction of an
25
emergency services and disaster agency accredited by the
26
Illinois Emergency Management
Agency, pursuant to a plan
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1
approved by the
Illinois Emergency Management
Agency (i)
2
during a disaster declared by the Governor under Section 7 of
3
this Act, or (ii) in circumstances otherwise expressly
4
approved by the
Illinois Emergency Management
Agency, shall be
5
deemed exclusively employees of the State for purposes of
6
Section 8(d) of the Court of Claims Act, provided that the
7
Illinois Emergency Management
Agency may, in coordination with
8
the emergency services and disaster agency, audit
9
implementation for compliance with the plan.
10
(l) If any person who is entitled to receive benefits
11
through the application of this Section receives, in
12
connection with the disease, injury or death giving rise to
13
such entitlement, benefits under an Act of Congress or federal
14
program, benefits payable under this Section shall be reduced
15
to the extent of the benefits received under that other Act or
16
program.
17
(m) (1) Prior to conducting an exercise, the principal
18
executive officer of a political subdivision or his or her
19
designee shall provide area media with written
20
notification of the exercise. The notification shall
21
indicate that information relating to the exercise shall
22
not be released to the public until the commencement of
23
the exercise. The notification shall also contain a
24
request that the notice be so posted to ensure that all
25
relevant media personnel are advised of the exercise
26
before it begins.
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1
(2) During the conduct of an exercise, all messages,
2
two-way radio communications, briefings, status reports,
3
news releases, and other oral or written communications
4
shall begin and end with the following statement: "This is
5
an exercise message".
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.
The testing
9
of disaster warning devices including outdoor warning sirens
10
shall be held only on the first Tuesday of each month at 10
11
o'clock in the morning or during exercises that are
12
specifically and expressly approved in advance by the
Illinois
13
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
17
Agency shall ascertain what means exist for rapid and
18
efficient communications in times of disaster. The
Illinois
19
Emergency Management
Agency shall consider the desirability of
20
supplementing these communications resources or of integrating
21
them into a comprehensive State or State-Federal
22
telecommunications or other communications system or network.
23
In studying the character and feasibility of any system or its
24
several parts, the
Illinois Emergency Management
Agency shall
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1
evaluate the possibility of multipurpose use thereof for
2
general State and political subdivision purposes. The
Illinois
3
Emergency Management
Agency may promulgate rules to establish
4
policies and procedures relating to telecommunications and the
5
continuation of rapid and efficient communications in times of
6
disaster to the extent authorized by any provision of this Act
7
or other laws and regulations. The
Illinois Emergency
8
Management
Agency shall make recommendations to the Governor
9
as 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.
13
(a) The Governor shall file a copy of every rule,
14
regulation or order, and any amendment thereof made by the
15
Governor under the provisions of this Act in the office of the
16
Secretary of State.
Upon
No rule, regulation or order, or any
17
amendment thereof shall be effective until 10 days after the
18
filing, provided, however, that upon
the declaration of a
19
disaster by the Governor as is described in Section 7 the
20
provision relating to the effective date of any rule,
21
regulation, order or amendment issued under this Act and
22
during the state of disaster is abrogated, and the rule,
23
regulation, order or amendment shall become effective
24
immediately upon being filed with the Secretary of State
25
accompanied by a certificate stating the reason as required by
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1
the Illinois Administrative Procedure Act.
2
(b) Every emergency services and disaster agency
3
established pursuant to this Act and the coordinators thereof
4
shall execute and enforce the orders, rules and regulations as
5
may be made by the Governor under authority of this Act. Each
6
emergency services and disaster agency shall have available
7
for inspection at its office all orders, rules and regulations
8
made by the Governor, or under the Governor's authority. The
9
Illinois Emergency Management
Agency shall
publish
furnish
on
10
the
Agency's
Department's
website the orders, rules and
11
regulations
to each such emergency services and disaster
12
agency
. Upon the written request of an emergency services or
13
disaster agency, copies thereof shall be mailed to the
14
emergency services or disaster agency.
15
(Source: P.A. 98-44, eff. 6-28-13.)
16
(20 ILCS 3305/20)
(from Ch. 127, par. 1070)
17
Sec. 20.
Oath.
18
(a) Each person, whether compensated or noncompensated,
19
who is appointed to serve in any capacity in, or on behalf of,
20
the
Illinois Emergency Management
Agency
and Office of
21
Homeland Security (IEMA-OHS)
or an emergency services and
22
disaster agency, shall, before entering upon duties, take an
23
oath in writing.
24
(b) The oath shall be administered before the Director of
25
IEMA-OHS (or a designee authorized in writing by the
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1
Director), the coordinator of the respective emergency
2
services and disaster agency, or persons authorized to
3
administer oaths in this State pursuant to the Oaths an
4
Affirmations Act.
5
The oath may be administered through live video technology
6
or other electronic means; however, the signed oath shall be
7
filed with IEMA-OHS or with the emergency services and
8
disaster agency with which the person shall serve and which
9
oath shall be substantially as follows:
10
"I, _______________, do solemnly swear (or affirm) that I
11
will support and defend and bear true faith and allegiance to
12
the Constitution of the United States and the Constitution of
13
the State of Illinois, and the territory, institutions and
14
facilities thereof, both public and private, against all
15
enemies, foreign and domestic; that I take this obligation
16
freely, without any mental reservation or purpose of evasion;
17
and that I will well and faithfully discharge the duties upon
18
which I am about to enter. And I do further swear (or affirm)
19
that I do not advocate, nor am I, nor have I been a member of
20
any political party or organization that advocates the
21
overthrow of the government of the United States or of this
22
State by force or violence; and that during such time as I am
23
affiliated with the (name of emergency preparedness
24
organization), I will not advocate nor become a member or an
25
affiliate of any organization, group, or combination of
26
persons that advocates the overthrow of the government of the
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1
United States or of this State by force or violence."
2
(Source: P.A. 104-418, eff. 1-1-26
.)
3
(20 ILCS 3305/23)
4
(Section scheduled to be repealed on January 1, 2032)
5
Sec. 23.
Access and Functional Needs Advisory Committee.
6
(a) In this Section, "Advisory Committee" means the Access
7
and Functional Needs Advisory Committee.
8
(b) The Access and Functional Needs Advisory Committee is
9
created.
10
(c) The Advisory Committee shall:
11
(1) Coordinate meetings occurring, at a minimum, 3
12
times each year, in addition to emergency meetings called
13
by the chairperson of the Advisory Committee.
14
(2) Research and provide recommendations for
15
identifying and effectively responding to the needs of
16
persons with access and functional needs before, during,
17
and after a disaster using an intersectional lens for
18
equity.
19
(3) Provide recommendations to the
Illinois Emergency
20
Management
Agency regarding how to ensure that persons
21
with a disability are included in disaster strategies and
22
emergency management plans, including updates and
23
implementation of disaster strategies and emergency
24
management plans.
25
(4) Review and provide recommendations for the
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1
Illinois Emergency Management
Agency, and all relevant
2
State agencies that are involved in drafting and
3
implementing the Illinois Emergency Operation Plan, to
4
integrate access and functional needs into State and local
5
emergency
operations
plans.
6
(d) The Advisory Committee shall be composed of the
7
Director of the
Illinois Emergency Management
Agency or his or
8
her designee, the Attorney General or his or her designee, the
9
Secretary of Human Services or his or her designee, the
10
Director of Aging or his or her designee, and the Director of
11
Public Health or his or her designee, together with the
12
following members appointed by the Governor
on or before
13
January 1, 2022
:
14
(1) Two members, either from a municipal or
15
county-level emergency agency or a local emergency
16
management coordinator.
17
(2) Nine members from the community of persons with a
18
disability who represent persons with different types of
19
disabilities, including, but not limited to, individuals
20
with mobility and physical disabilities, hearing and
21
visual disabilities, deafness or who are hard of hearing,
22
blindness or who have low vision, mental health
23
disabilities, and intellectual or developmental
24
disabilities. Members appointed under this paragraph shall
25
reflect a diversity of age, gender, race, and ethnic
26
background.
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1
(3) Four members who represent first responders from
2
different geographical regions around the State.
3
(e) Of those members appointed by the Governor, the
4
initial appointments of 6 members shall be for terms of 2 years
5
and the initial appointments of 5 members shall be for terms of
6
4 years. Thereafter, members shall be appointed for terms of 4
7
years. A member shall serve until his or her successor is
8
appointed and qualified. If a vacancy occurs in the Advisory
9
Committee membership, the vacancy shall be filled in the same
10
manner as the original appointment for the remainder of the
11
unexpired term.
12
(f) After all the members are appointed, and annually
13
thereafter, they shall elect a chairperson from among the
14
members appointed under paragraph (2) of subsection (d).
15
(g)
(Blank).
The initial meeting of the Advisory Committee
16
shall be convened by the Director of the Illinois Emergency
17
Management Agency no later than February 1, 2022.
18
(h) Advisory Committee members shall serve without
19
compensation.
20
(i) The
Illinois Emergency Management
Agency shall provide
21
administrative support to the Advisory Committee.
22
(j) The Advisory Committee shall prepare and deliver a
23
report to the General Assembly, the Governor's Office, and the
24
Illinois Emergency Management
Agency by July 1
, 2022, and
25
annually
thereafter
. The report shall include the following:
26
(1) Identification of core emergency management
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1
services that need to be updated or changed to ensure the
2
needs of persons with a disability are met, and shall
3
include disaster strategies in State and local emergency
4
plans.
5
(2) Any proposed changes in State policies, laws,
6
rules, or regulations necessary to fulfill the purposes of
7
this Act.
8
(3) Recommendations on improving the accessibility and
9
effectiveness of disaster and emergency communication.
10
(4) Recommendations on comprehensive training for
11
first responders and other frontline workers when working
12
with persons with a disability during emergency situations
13
or disasters, as defined in Section 4 of the
Illinois
14
Emergency Management
Agency Act.
15
(5) Any additional recommendations regarding emergency
16
management and persons with a disability that the Advisory
17
Committee deems necessary.
18
(k) The annual report prepared and delivered under
19
subsection (j) shall be annually considered by the Illinois
20
Emergency Management Agency when developing new State and
21
local emergency plans or updating existing State and local
22
emergency plans.
23
(l) The Advisory Committee is dissolved and this Section
24
is repealed on January 1, 2032.
25
(Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21;
26
103-154, eff. 6-30-23.)
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1
Section 99.
Effective date.
This Act takes effect upon
2
becoming law.
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