Illinois General Assembly - Full Text of SB3223
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Full Text of SB3223  103rd General Assembly

SB3223 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3223

 

Introduced 2/6/2024, by Sen. Mike Porfirio

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1805/29.1 new

    Amends the Military Code of Illinois. Requires the Governor to organize and maintain within this State, on a reserve basis, a volunteer civilian cybersecurity auxiliary force, known as the Illinois Cyber Auxiliary Force (ICAF), that is capable of being expanded and trained to educate and protect from cyber incidents State, county, and local government entities and critical infrastructure, including election systems, businesses, and the citizens of this State. Provides that in the case of an emergency proclaimed by the Governor, or caused by illicit actors or imminent danger, the Governor, as Commander-in-Chief, shall expand the ICAF as the exigency of the occasion requires. Provides that the ICAF shall be operated as an interagency effort between the Illinois Department of Military Affairs (IDMA), the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS), and the Illinois Department of Innovation and Technology (DoIT). Provides that IEMA-OHS shall have oversight of the entire program and act as the lead agency for the ICAF for mission and project development; DoIT shall evaluate threats and recommend missions to the Homeland Security Advisor; and IDMA shall focus on recruiting, manning, and mission assignments. Provides that the Adjutant General, in cooperation with the Homeland Security Advisor, shall request activation of ICAF for cyber incident response; and that IDMA shall stock and issue uniform articles as required. Contains provisions concerning training for ICAF members; funds appropriated by the General Assembly for the actual and necessary expenses incurred by the ICAF for administration, training, and deployment; and the adoption of rules by IEMA-OHS that are consistent with the provisions of law governing the membership, organization, administration, equipment, and maintenance of the ICAF. Provides that ICAF members may not be called or ordered into the military service. Provides that no person shall be accepted into the ICAF who is not a United States national or a lawful permanent resident. Contains provisions concerning background checks on applicants; the removal or resignation of ICAF members; and other matters.


LRB103 38867 KTG 69004 b

 

 

A BILL FOR

 

SB3223LRB103 38867 KTG 69004 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 Military Code of Illinois is amended by
5adding Section 29.1 as follows:
 
6    (20 ILCS 1805/29.1 new)
7    Sec. 29.1. Creation of Illinois Cyber Auxiliary Force.
8    (a) The Governor shall organize and maintain within this
9State, on a reserve basis, a volunteer civilian cybersecurity
10auxiliary force, known as the Illinois Cyber Auxiliary Force
11(ICAF), that is capable of being expanded and trained to
12educate and protect from cyber incidents State, county, and
13local government entities and critical infrastructure,
14including election systems, businesses, and the citizens of
15this State. In the case of an emergency proclaimed by the
16Governor, or caused by illicit actors or imminent danger, the
17Governor, as Commander-in-Chief, shall expand the ICAF as the
18exigency of the occasion requires.
19    (b) The ICAF shall be operated as an interagency effort
20between the Illinois Department of Military Affairs (IDMA),
21the Illinois Emergency Management Agency and Office of
22Homeland Security (IEMA-OHS), and the Illinois Department of
23Innovation and Technology (DoIT).

 

 

SB3223- 2 -LRB103 38867 KTG 69004 b

1        (1) IEMA-OHS shall have oversight of the entire
2    program and act as the lead agency for the ICAF for mission
3    and project development. The Homeland Security Advisor
4    shall be the final approval for ICAF missions. IEMA-OHS
5    shall be responsible for the evaluation and exercising of
6    the ICAF.
7        (2) DoIT shall evaluate threats and recommend missions
8    to the Homeland Security Advisor. DoIT shall develop
9    standards and training for ICAF members, while ensuring
10    their training and credentials meet mission requirements.
11    DoIT cyber navigators may provide liaison support to the
12    ICAF.
13        (3) IDMA shall focus on recruiting, manning, and
14    mission assignments. IDMA shall provide key sustainment
15    requirements, such as pay and reimbursement for missions
16    utilizing existing State Active Duty systems and
17    processes. The Adjutant General, in cooperation with the
18    Homeland Security Advisor, shall request activation of
19    ICAF for cyber incident response. IDMA shall stock and
20    issue uniform articles as required.
21    (c) Appropriate training shall be provided to current and
22potential members of the ICAF. While performing training and
23other volunteer duties such as public engagement, current and
24potential auxiliary members shall serve in an unpaid volunteer
25status.
26    (d) The ICAF shall use funds appropriated by the General

 

 

SB3223- 3 -LRB103 38867 KTG 69004 b

1Assembly for the actual and necessary expenses incurred by the
2ICAF for administration, training, and deployment of the ICAF,
3at the discretion of the Director of IEMA-OHS or the
4Director's designee. Expenses for administration, training,
5and deployment may include, but are not limited to, permanent
6or temporary State employees or contractual internal or
7external administrative staff, travel and subsistence
8expenses, the purchase or rental of equipment and hardware,
9and local operational support.
10    (e) The Director of IEMA-OHS shall adopt rules consistent
11with the provisions of law governing the membership,
12organization, administration, equipment, and maintenance of
13the ICAF.
14    (f) ICAF members may not be called or ordered into the
15military service of the United States.
16    (g) No person shall be accepted into the ICAF who is not a
17United States national or a lawful permanent resident.
18Applicants shall be subject to an appropriate background
19check, in accordance with rules adopted by the Director of
20IEMA-OHS, before admittance into the ICAF. Notwithstanding any
21other provision of this Code, no person shall be disqualified
22from acceptance into the ICAF on the basis that the person is
23an employee of the State or a political subdivision of the
24State, or an employee or proprietor of a private entity that
25conducts business with the State or a political subdivision of
26the State.

 

 

SB3223- 4 -LRB103 38867 KTG 69004 b

1    (h) The Director of IEMA-OHS may accept the resignation of
2any ICAF member at any time. ICAF members serve at the pleasure
3of the Governor and may be removed from the auxiliary in
4accordance with adopted rules. The Director of IEMA-OHS may
5require reimbursement for training, equipment, and uniforms if
6an ICAF member does not serve the full term of the member's
7membership agreement and the member's inability to serve out
8the term of the membership agreement was not due to a
9disability or a similar disabling medical condition.
10    (i) The Governor, may authorize the Director of IEMA-OHS
11to employ individuals or units of the ICAF as compensated
12State employees using IDMA State Active Duty procedures to
13protect State, county, and local government entities and
14critical infrastructure, including election systems, or for
15training as the Governor determines necessary. The Governor,
16upon the request of a business or U.S. citizen, also may order
17individuals or units of the ICAF to State Active Duty to
18protect that business or U.S. citizen.