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

(Text of Section before amendment by P.A. 103-418)

Sec. 5. Illinois Emergency Management Agency.

(a) There is created within the executive branch of the State Government an
Illinois Emergency Management Agency and a Director of the Illinois Emergency
Management Agency, herein called the "Director" who shall be the head thereof.
The Director shall be appointed by the Governor, with the advice and consent of
the Senate, and shall serve for a term of 2 years beginning on the third Monday
in January of the odd-numbered year, and until a successor is appointed and
has qualified; except that the term of the first Director appointed under this
Act shall expire on the third Monday in January, 1989.  The Director shall not
hold any other remunerative public office. For terms beginning after January 18, 2019 (the effective date of Public Act 100-1179) and before January 16, 2023, the annual salary of the Director shall be as provided in Section 5-300 of the Civil Administrative Code of Illinois. Notwithstanding any other provision of law, for terms beginning on or after January 16, 2023, the Director shall receive an annual salary of $180,000 or as set by the Governor, whichever is higher.  On July 1, 2023, and on each July 1 thereafter, the Director shall receive an increase in salary based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly.

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

(b) The Illinois Emergency Management Agency shall obtain, under the
provisions of the Personnel Code, technical, clerical, stenographic and other
administrative personnel, and may make expenditures within the appropriation
therefor as may be necessary to carry out the purpose of this Act.  The agency
created by this Act is intended to be a successor to the agency created under
the Illinois Emergency Services and Disaster Agency Act of 1975 and the
personnel, equipment, records, and appropriations of that agency are
transferred to the successor agency as of June 30, 1988 (the effective date of this Act).

(c) The Director, subject to the direction and control of the Governor,
shall be the executive head of the Illinois  Emergency Management Agency and
the State Emergency Response Commission and shall be responsible under the
direction of the Governor, for carrying out the program for emergency
management of this State.  The Director shall also maintain liaison
and cooperate with
the emergency management organizations of this State and other states and of
the federal government.

(d) The Illinois Emergency Management Agency shall take an integral part in
the development and revision of political subdivision emergency operations
plans prepared under paragraph (f) of Section 10.  To this end it shall employ
or otherwise secure the services of professional and technical personnel
capable of providing expert assistance to the emergency services and disaster
agencies.  These personnel shall consult with emergency services and disaster
agencies on a regular basis and shall make field examinations of the areas,
circumstances, and conditions that particular political subdivision emergency
operations plans are intended to apply.

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

(1) the development of emergency operations plan provisions for hazardous chemical

emergencies; and

(2) the assessment of emergency response capabilities related to hazardous chemical

emergencies.

(f) The Illinois Emergency Management Agency shall:

(1) Coordinate the overall emergency management program of the State.

(2) Cooperate with local governments, the federal government, and any public or private

agency or entity in achieving any purpose of this Act and in implementing emergency management programs for mitigation, preparedness, response, and recovery.

(2.5) Develop a comprehensive emergency preparedness and response plan for any nuclear

accident in accordance with Section 65 of the Nuclear Safety Law of 2004 and in development of the Illinois Nuclear Safety Preparedness program in accordance with Section 8 of the Illinois Nuclear Safety Preparedness Act.

(2.6) Coordinate with the Department of Public Health with respect to planning for and

responding to public health emergencies.

(3) Prepare, for issuance by the Governor, executive orders, proclamations, and

regulations as necessary or appropriate in coping with disasters.

(4) Promulgate rules and requirements for political subdivision emergency operations

plans that are not inconsistent with and are at least as stringent as applicable federal laws and regulations.

(5) Review and approve, in accordance with Illinois Emergency Management Agency rules,

emergency operations plans for those political subdivisions required to have an emergency services and disaster agency pursuant to this Act.

(5.5) Promulgate rules and requirements for the political subdivision emergency

management exercises, including, but not limited to, exercises of the emergency operations plans.

(5.10) Review, evaluate, and approve, in accordance with Illinois Emergency Management

Agency rules, political subdivision emergency management exercises for those political subdivisions required to have an emergency services and disaster agency pursuant to this Act.

(6) Determine requirements of the State and its political subdivisions for food,

clothing, and other necessities in event of a disaster.

(7) Establish a register of persons with types of emergency management training and

skills in mitigation, preparedness, response, and recovery.

(8) Establish a register of government and private response resources available for use

in a disaster.

(9) Expand the Earthquake Awareness Program and its efforts to distribute earthquake

preparedness materials to schools, political subdivisions, community groups, civic organizations, and the media. Emphasis will be placed on those areas of the State most at risk from an earthquake.  Maintain the list of all school districts, hospitals, airports, power plants, including nuclear power plants, lakes, dams, emergency response facilities of all types, and all other major public or private structures which are at the greatest risk of damage from earthquakes under circumstances where the damage would cause subsequent harm to the surrounding communities and residents.

(10) Disseminate all information, completely and without delay, on water levels for

rivers and streams and any other data pertaining to potential flooding supplied by the Division of Water Resources within the Department of Natural Resources to all political subdivisions to the maximum extent possible.

(11) Develop agreements, if feasible, with medical supply and equipment firms to supply

resources as are necessary to respond to an earthquake or any other disaster as defined in this Act.  These resources will be made available upon notifying the vendor of the disaster.  Payment for the resources will be in accordance with Section 7 of this Act.  The Illinois Department of Public Health shall determine which resources will be required and requested.

(11.5) In coordination with the Illinois State Police, develop and implement a community

outreach program to promote awareness among the State's parents and children of child abduction prevention and response.

(12) Out of funds appropriated for these purposes, award capital and non-capital grants

to Illinois hospitals or health care facilities located outside of a city with a population in excess of 1,000,000 to be used for purposes that include, but are not limited to, preparing to respond to mass casualties and disasters, maintaining and improving patient safety and quality of care, and protecting the confidentiality of patient information. No single grant for a capital expenditure shall exceed $300,000. No single grant for a non-capital expenditure shall exceed $100,000. In awarding such grants, preference shall be given to hospitals that serve a significant number of Medicaid recipients, but do not qualify for disproportionate share hospital adjustment payments under the Illinois Public Aid Code.  To receive such a grant, a hospital or health care facility must provide funding of at least 50% of the cost of the project for which the grant is being requested. In awarding such grants the Illinois Emergency Management Agency shall consider the recommendations of the Illinois Hospital Association.

(13) Do all other things necessary, incidental or appropriate for the implementation of

this Act.

(g) The Illinois Emergency Management Agency is authorized to make grants to various higher education institutions, public K-12 school districts, area vocational centers as designated  by the State Board of Education, inter-district special education  cooperatives, regional safe schools, and nonpublic K-12 schools for safety and security improvements.  For the purpose of this subsection (g), "higher education institution" means a public university, a public community college, or an independent, not-for-profit or for-profit higher education institution located in this State.  Grants made under this subsection (g) shall be paid out of moneys appropriated for that purpose from the Build Illinois Bond Fund. The Illinois Emergency Management Agency shall adopt rules to implement this subsection (g). These rules may specify: (i) the manner of applying for grants; (ii) project eligibility requirements; (iii) restrictions on the use of grant moneys; (iv) the manner in which the various higher education institutions must account for the use of grant moneys; and (v) any other provision that the Illinois Emergency Management Agency determines to be necessary or useful for the administration of this subsection (g).

(g-5) The Illinois Emergency Management Agency is authorized to make grants to not-for-profit organizations which are exempt from federal income taxation under section 501(c)(3) of the Federal Internal Revenue Code for eligible security improvements that assist the organization in preventing, preparing for, or responding to acts of terrorism. The Director shall establish procedures and forms by which applicants may apply for a grant and procedures for distributing grants to recipients. The procedures shall require each applicant to do the following:

(1) identify and substantiate prior threats or attacks by a terrorist organization,

network, or cell against the not-for-profit organization;

(2) indicate the symbolic or strategic value of one or more sites that renders the

site a possible target of terrorism;

(3) discuss potential consequences to the organization if the site is damaged,

destroyed, or disrupted by a terrorist act;

(4) describe how the grant will be used to integrate organizational preparedness with

broader State and local preparedness efforts;

(5) submit a vulnerability assessment conducted by experienced security, law

enforcement, or military personnel, and a description of how the grant award will be used to address the vulnerabilities identified in the assessment; and

(6) submit any other relevant information as may be required by the Director.

The Agency is authorized to use funds appropriated for the grant program described in this subsection (g-5) to administer the program.

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

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

(j) The Illinois Emergency Management Agency is authorized to make grants to other State agencies, public universities, units of local government, and statewide mutual aid organizations to enhance statewide emergency preparedness and response.

(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23.)

(Text of Section after amendment by P.A. 103-418)