103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1187

 

Introduced 1/31/2023, by Rep. Bob Morgan

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3305/5  from Ch. 127, par. 1055

    Amends the Illinois Emergency Management Agency Act of the Civil Administrative Code of Illinois. In provisions regarding security improvements that assist a not-for-profit organization in preventing, preparing for, or responding to acts of terrorism, requires the Illinois Emergency Management Agency to determine that an organization is at high risk of being subject to threats, attacks, or acts of terrorism based on the organization's profile, ideology, mission, or beliefs in order to be eligible for assistance under the provisions. Requires the Agency to post specified information on its website. Throughout the provisions, refers to threats, attacks, or acts of terrorism (rather than just acts of terrorism). Makes other changes.


LRB103 05291 CPF 50309 b

 

 

A BILL FOR

 

HB1187LRB103 05291 CPF 50309 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Emergency Management Agency Act is
5amended by changing Section 5 as follows:
 
6    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
7    Sec. 5. Illinois Emergency Management Agency.
8    (a) There is created within the executive branch of the
9State Government an Illinois Emergency Management Agency and a
10Director of the Illinois Emergency Management Agency, herein
11called the "Director" who shall be the head thereof. The
12Director shall be appointed by the Governor, with the advice
13and consent of the Senate, and shall serve for a term of 2
14years beginning on the third Monday in January of the
15odd-numbered year, and until a successor is appointed and has
16qualified; except that the term of the first Director
17appointed under this Act shall expire on the third Monday in
18January, 1989. The Director shall not hold any other
19remunerative public office. For terms ending before December
2031, 2019, the Director shall receive an annual salary as set by
21the Compensation Review Board. For terms beginning after
22January 18, 2019 (the effective date of Public Act 100-1179),
23the annual salary of the Director shall be as provided in

 

 

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1Section 5-300 of the Civil Administrative Code of Illinois.
2    (b) The Illinois Emergency Management Agency shall obtain,
3under the provisions of the Personnel Code, technical,
4clerical, stenographic and other administrative personnel, and
5may make expenditures within the appropriation therefor as may
6be necessary to carry out the purpose of this Act. The agency
7created by this Act is intended to be a successor to the agency
8created under the Illinois Emergency Services and Disaster
9Agency Act of 1975 and the personnel, equipment, records, and
10appropriations of that agency are transferred to the successor
11agency as of June 30, 1988 (the effective date of this Act).
12    (c) The Director, subject to the direction and control of
13the Governor, shall be the executive head of the Illinois
14Emergency Management Agency and the State Emergency Response
15Commission and shall be responsible under the direction of the
16Governor, for carrying out the program for emergency
17management of this State. The Director shall also maintain
18liaison and cooperate with the emergency management
19organizations of this State and other states and of the
20federal government.
21    (d) The Illinois Emergency Management Agency shall take an
22integral part in the development and revision of political
23subdivision emergency operations plans prepared under
24paragraph (f) of Section 10. To this end it shall employ or
25otherwise secure the services of professional and technical
26personnel capable of providing expert assistance to the

 

 

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1emergency services and disaster agencies. These personnel
2shall consult with emergency services and disaster agencies on
3a regular basis and shall make field examinations of the
4areas, circumstances, and conditions that particular political
5subdivision emergency operations plans are intended to apply.
6    (e) The Illinois Emergency Management Agency and political
7subdivisions shall be encouraged to form an emergency
8management advisory committee composed of private and public
9personnel representing the emergency management phases of
10mitigation, preparedness, response, and recovery. The Local
11Emergency Planning Committee, as created under the Illinois
12Emergency Planning and Community Right to Know Act, shall
13serve as an advisory committee to the emergency services and
14disaster agency or agencies serving within the boundaries of
15that Local Emergency Planning Committee planning district for:
16        (1) the development of emergency operations plan
17    provisions for hazardous chemical emergencies; and
18        (2) the assessment of emergency response capabilities
19    related to hazardous chemical emergencies.
20    (f) The Illinois Emergency Management Agency shall:
21        (1) Coordinate the overall emergency management
22    program of the State.
23        (2) Cooperate with local governments, the federal
24    government, and any public or private agency or entity in
25    achieving any purpose of this Act and in implementing
26    emergency management programs for mitigation,

 

 

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1    preparedness, response, and recovery.
2        (2.5) Develop a comprehensive emergency preparedness
3    and response plan for any nuclear accident in accordance
4    with Section 65 of the Nuclear Safety Law of 2004 and in
5    development of the Illinois Nuclear Safety Preparedness
6    program in accordance with Section 8 of the Illinois
7    Nuclear Safety Preparedness Act.
8        (2.6) Coordinate with the Department of Public Health
9    with respect to planning for and responding to public
10    health emergencies.
11        (3) Prepare, for issuance by the Governor, executive
12    orders, proclamations, and regulations as necessary or
13    appropriate in coping with disasters.
14        (4) Promulgate rules and requirements for political
15    subdivision emergency operations plans that are not
16    inconsistent with and are at least as stringent as
17    applicable federal laws and regulations.
18        (5) Review and approve, in accordance with Illinois
19    Emergency Management Agency rules, emergency operations
20    plans for those political subdivisions required to have an
21    emergency services and disaster agency pursuant to this
22    Act.
23        (5.5) Promulgate rules and requirements for the
24    political subdivision emergency management exercises,
25    including, but not limited to, exercises of the emergency
26    operations plans.

 

 

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1        (5.10) Review, evaluate, and approve, in accordance
2    with Illinois Emergency Management Agency rules, political
3    subdivision emergency management exercises for those
4    political subdivisions required to have an emergency
5    services and disaster agency pursuant to this Act.
6        (6) Determine requirements of the State and its
7    political subdivisions for food, clothing, and other
8    necessities in event of a disaster.
9        (7) Establish a register of persons with types of
10    emergency management training and skills in mitigation,
11    preparedness, response, and recovery.
12        (8) Establish a register of government and private
13    response resources available for use in a disaster.
14        (9) Expand the Earthquake Awareness Program and its
15    efforts to distribute earthquake preparedness materials to
16    schools, political subdivisions, community groups, civic
17    organizations, and the media. Emphasis will be placed on
18    those areas of the State most at risk from an earthquake.
19    Maintain the list of all school districts, hospitals,
20    airports, power plants, including nuclear power plants,
21    lakes, dams, emergency response facilities of all types,
22    and all other major public or private structures which are
23    at the greatest risk of damage from earthquakes under
24    circumstances where the damage would cause subsequent harm
25    to the surrounding communities and residents.
26        (10) Disseminate all information, completely and

 

 

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1    without delay, on water levels for rivers and streams and
2    any other data pertaining to potential flooding supplied
3    by the Division of Water Resources within the Department
4    of Natural Resources to all political subdivisions to the
5    maximum extent possible.
6        (11) Develop agreements, if feasible, with medical
7    supply and equipment firms to supply resources as are
8    necessary to respond to an earthquake or any other
9    disaster as defined in this Act. These resources will be
10    made available upon notifying the vendor of the disaster.
11    Payment for the resources will be in accordance with
12    Section 7 of this Act. The Illinois Department of Public
13    Health shall determine which resources will be required
14    and requested.
15        (11.5) In coordination with the Illinois State Police,
16    develop and implement a community outreach program to
17    promote awareness among the State's parents and children
18    of child abduction prevention and response.
19        (12) Out of funds appropriated for these purposes,
20    award capital and non-capital grants to Illinois hospitals
21    or health care facilities located outside of a city with a
22    population in excess of 1,000,000 to be used for purposes
23    that include, but are not limited to, preparing to respond
24    to mass casualties and disasters, maintaining and
25    improving patient safety and quality of care, and
26    protecting the confidentiality of patient information. No

 

 

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1    single grant for a capital expenditure shall exceed
2    $300,000. No single grant for a non-capital expenditure
3    shall exceed $100,000. In awarding such grants, preference
4    shall be given to hospitals that serve a significant
5    number of Medicaid recipients, but do not qualify for
6    disproportionate share hospital adjustment payments under
7    the Illinois Public Aid Code. To receive such a grant, a
8    hospital or health care facility must provide funding of
9    at least 50% of the cost of the project for which the grant
10    is being requested. In awarding such grants the Illinois
11    Emergency Management Agency shall consider the
12    recommendations of the Illinois Hospital Association.
13        (13) Do all other things necessary, incidental or
14    appropriate for the implementation of this Act.
15    (g) The Illinois Emergency Management Agency is authorized
16to make grants to various higher education institutions,
17public K-12 school districts, area vocational centers as
18designated by the State Board of Education, inter-district
19special education cooperatives, regional safe schools, and
20nonpublic K-12 schools for safety and security improvements.
21For the purpose of this subsection (g), "higher education
22institution" means a public university, a public community
23college, or an independent, not-for-profit or for-profit
24higher education institution located in this State. Grants
25made under this subsection (g) shall be paid out of moneys
26appropriated for that purpose from the Build Illinois Bond

 

 

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1Fund. The Illinois Emergency Management Agency shall adopt
2rules to implement this subsection (g). These rules may
3specify: (i) the manner of applying for grants; (ii) project
4eligibility requirements; (iii) restrictions on the use of
5grant moneys; (iv) the manner in which the various higher
6education institutions must account for the use of grant
7moneys; and (v) any other provision that the Illinois
8Emergency Management Agency determines to be necessary or
9useful for the administration of this subsection (g).
10    (g-5) The Illinois Emergency Management Agency is
11authorized to make grants to not-for-profit organizations
12which are exempt from federal income taxation under section
13501(c)(3) of the Federal Internal Revenue Code for eligible
14security improvements that assist the organization in
15preventing, preparing for, or responding to threats, attacks,
16or acts of terrorism. To be eligible for a grant under the
17program, the Agency must determine that the organization is at
18a high risk of being subject to threats, attacks, or acts of
19terrorism based on the organization's profile, ideology,
20mission, or beliefs. Eligible security improvements shall, at
21minimum, include all eligible preparedness activities under
22the federal Nonprofit Security Grant Program, including, but
23not limited to, physical security upgrades, security training
24exercises, preparedness training exercises, contracting with
25security personnel, and any other security upgrades deemed
26eligible by the Director. The Director shall establish

 

 

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1procedures and forms by which applicants may apply for a grant
2and procedures for distributing grants to recipients. The
3procedures shall require each applicant to do the following:
4        (1) identify and substantiate prior or current
5    threats, or attacks, or acts of terrorism by a terrorist
6    organization, network, or cell against the not-for-profit
7    organization;
8        (2) indicate the symbolic or strategic value of one or
9    more sites that renders the site a possible target of a
10    threat, attack, or act of terrorism;
11        (3) discuss potential consequences to the organization
12    if the site is damaged, destroyed, or disrupted by a
13    terrorist threat, attack, or act;
14        (4) describe how the grant will be used to integrate
15    organizational preparedness with broader State and local
16    preparedness efforts, as described by the Agency in each
17    Notice of Opportunity for Funding;
18        (5) submit (i) a vulnerability assessment conducted by
19    experienced security, law enforcement, or military
20    personnel or conducted using an Agency-approved or federal
21    Nonprofit Security Grant Program self-assessment tool and
22    (ii) , and a description of how the grant award will be used
23    to address the vulnerabilities identified in the
24    assessment; and
25        (6) submit any other relevant information as may be
26    required by the Director.

 

 

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1    The Agency is authorized to use funds appropriated for the
2grant program described in this subsection (g-5) to administer
3the program. The Agency shall post on its website, and update
4prior to each funding opportunity, a list of actively licensed
5private security contractors maintained by the Illinois
6Department of Financial and Professional Regulation, a list of
7local law enforcement departments across the State, and a list
8of other entities that offer no-cost vulnerability
9assessments. Any Agency Notice of Opportunity for Funding,
10proposed or final rulemaking, guidance, training opportunity,
11or other resource related to the grant program must be
12published on the Agency's publicly available website, and any
13announcements related to funding shall be shared with all
14Illinois legislative offices, the Governor's office, units of
15local government, and any relevant State agency. An
16application for a grant under the program may be submitted for
17a period of no less than 45 calendar days during the first
18application cycle of each fiscal year, subject to
19appropriation. Additional application cycles may be conducted
20during the same fiscal year, subject to availability of funds.
21Agency staff shall work with any applicant needing assistance
22in completing a grant application or meeting a post-award
23requirement.
24    (h) Except as provided in Section 17.5 of this Act, any
25moneys received by the Agency from donations or sponsorships
26unrelated to a disaster shall be deposited in the Emergency

 

 

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1Planning and Training Fund and used by the Agency, subject to
2appropriation, to effectuate planning and training activities.
3Any moneys received by the Agency from donations during a
4disaster and intended for disaster response or recovery shall
5be deposited into the Disaster Response and Recovery Fund and
6used for disaster response and recovery pursuant to the
7Disaster Relief Act.
8    (i) The Illinois Emergency Management Agency may by rule
9assess and collect reasonable fees for attendance at
10Agency-sponsored conferences to enable the Agency to carry out
11the requirements of this Act. Any moneys received under this
12subsection shall be deposited in the Emergency Planning and
13Training Fund and used by the Agency, subject to
14appropriation, for planning and training activities.
15    (j) The Illinois Emergency Management Agency is authorized
16to make grants to other State agencies, public universities,
17units of local government, and statewide mutual aid
18organizations to enhance statewide emergency preparedness and
19response.
20(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
21102-813, eff. 5-13-22.)