Illinois General Assembly - Full Text of SB3434
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Full Text of SB3434  103rd General Assembly



SB3434 EnrolledLRB103 38192 JAG 68325 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 beginning after January
2018, 2019 (the effective date of Public Act 100-1179) and
21before January 16, 2023, the annual salary of the Director
22shall be as provided in Section 5-300 of the Civil
23Administrative Code of Illinois. Notwithstanding any other



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1provision of law, for terms beginning on or after January 16,
22023, the Director shall receive an annual salary of $180,000
3or as set by the Governor, whichever is higher. On July 1,
42023, and on each July 1 thereafter, the Director shall
5receive an increase in salary based on a cost of living
6adjustment as authorized by Senate Joint Resolution 192 of the
786th General Assembly.
8    For terms beginning on or after January 16, 2023, the
9Assistant Director of the Illinois Emergency Management Agency
10shall receive an annual salary of $156,600 or as set by the
11Governor, whichever is higher. On July 1, 2023, and on each
12July 1 thereafter, the Assistant Director shall receive an
13increase in salary based on a cost of living adjustment as
14authorized by Senate Joint Resolution 192 of the 86th General
16    (b) The Illinois Emergency Management Agency shall obtain,
17under the provisions of the Personnel Code, technical,
18clerical, stenographic and other administrative personnel, and
19may make expenditures within the appropriation therefor as may
20be necessary to carry out the purpose of this Act. The agency
21created by this Act is intended to be a successor to the agency
22created under the Illinois Emergency Services and Disaster
23Agency Act of 1975 and the personnel, equipment, records, and
24appropriations of that agency are transferred to the successor
25agency as of June 30, 1988 (the effective date of this Act).
26    (c) The Director, subject to the direction and control of



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1the Governor, shall be the executive head of the Illinois
2Emergency Management Agency and the State Emergency Response
3Commission and shall be responsible under the direction of the
4Governor, for carrying out the program for emergency
5management of this State. The Director shall also maintain
6liaison and cooperate with the emergency management
7organizations of this State and other states and of the
8federal government.
9    (d) The Illinois Emergency Management Agency shall take an
10integral part in the development and revision of political
11subdivision emergency operations plans prepared under
12paragraph (f) of Section 10. To this end it shall employ or
13otherwise secure the services of professional and technical
14personnel capable of providing expert assistance to the
15emergency services and disaster agencies. These personnel
16shall consult with emergency services and disaster agencies on
17a regular basis and shall make field examinations of the
18areas, circumstances, and conditions that particular political
19subdivision emergency operations plans are intended to apply.
20    (e) The Illinois Emergency Management Agency and political
21subdivisions shall be encouraged to form an emergency
22management advisory committee composed of private and public
23personnel representing the emergency management phases of
24mitigation, preparedness, response, and recovery. The Local
25Emergency Planning Committee, as created under the Illinois
26Emergency Planning and Community Right to Know Act, shall



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1serve as an advisory committee to the emergency services and
2disaster agency or agencies serving within the boundaries of
3that Local Emergency Planning Committee planning district for:
4        (1) the development of emergency operations plan
5    provisions for hazardous chemical emergencies; and
6        (2) the assessment of emergency response capabilities
7    related to hazardous chemical emergencies.
8    (f) The Illinois Emergency Management Agency shall:
9        (1) Coordinate the overall emergency management
10    program of the State.
11        (2) Cooperate with local governments, the federal
12    government, and any public or private agency or entity in
13    achieving any purpose of this Act and in implementing
14    emergency management programs for mitigation,
15    preparedness, response, and recovery.
16        (2.5) Develop a comprehensive emergency preparedness
17    and response plan for any nuclear accident in accordance
18    with Section 65 of the Nuclear Safety Law of 2004 and in
19    development of the Illinois Nuclear Safety Preparedness
20    program in accordance with Section 8 of the Illinois
21    Nuclear Safety Preparedness Act.
22        (2.6) Coordinate with the Department of Public Health
23    with respect to planning for and responding to public
24    health emergencies.
25        (3) Prepare, for issuance by the Governor, executive
26    orders, proclamations, and regulations as necessary or



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1    appropriate in coping with disasters.
2        (4) Promulgate rules and requirements for political
3    subdivision emergency operations plans that are not
4    inconsistent with and are at least as stringent as
5    applicable federal laws and regulations.
6        (5) Review and approve, in accordance with Illinois
7    Emergency Management Agency rules, emergency operations
8    plans for those political subdivisions required to have an
9    emergency services and disaster agency pursuant to this
10    Act.
11        (5.5) Promulgate rules and requirements for the
12    political subdivision emergency management exercises,
13    including, but not limited to, exercises of the emergency
14    operations plans.
15        (5.10) Review, evaluate, and approve, in accordance
16    with Illinois Emergency Management Agency rules, political
17    subdivision emergency management exercises for those
18    political subdivisions required to have an emergency
19    services and disaster agency pursuant to this Act.
20        (6) Determine requirements of the State and its
21    political subdivisions for food, clothing, and other
22    necessities in event of a disaster.
23        (7) Establish a register of persons with types of
24    emergency management training and skills in mitigation,
25    preparedness, response, and recovery.
26        (8) Establish a register of government and private



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1    response resources available for use in a disaster.
2        (9) Expand the Earthquake Awareness Program and its
3    efforts to distribute earthquake preparedness materials to
4    schools, political subdivisions, community groups, civic
5    organizations, and the media. Emphasis will be placed on
6    those areas of the State most at risk from an earthquake.
7    Maintain the list of all school districts, hospitals,
8    airports, power plants, including nuclear power plants,
9    lakes, dams, emergency response facilities of all types,
10    and all other major public or private structures which are
11    at the greatest risk of damage from earthquakes under
12    circumstances where the damage would cause subsequent harm
13    to the surrounding communities and residents.
14        (10) Disseminate all information, completely and
15    without delay, on water levels for rivers and streams and
16    any other data pertaining to potential flooding supplied
17    by the Division of Water Resources within the Department
18    of Natural Resources to all political subdivisions to the
19    maximum extent possible.
20        (11) Develop agreements, if feasible, with medical
21    supply and equipment firms to supply resources as are
22    necessary to respond to an earthquake or any other
23    disaster as defined in this Act. These resources will be
24    made available upon notifying the vendor of the disaster.
25    Payment for the resources will be in accordance with
26    Section 7 of this Act. The Illinois Department of Public



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1    Health shall determine which resources will be required
2    and requested.
3        (11.5) In coordination with the Illinois State Police,
4    develop and implement a community outreach program to
5    promote awareness among the State's parents and children
6    of child abduction prevention and response.
7        (12) Out of funds appropriated for these purposes,
8    award capital and non-capital grants to Illinois hospitals
9    or health care facilities located outside of a city with a
10    population in excess of 1,000,000 to be used for purposes
11    that include, but are not limited to, preparing to respond
12    to mass casualties and disasters, maintaining and
13    improving patient safety and quality of care, and
14    protecting the confidentiality of patient information. No
15    single grant for a capital expenditure shall exceed
16    $300,000. No single grant for a non-capital expenditure
17    shall exceed $100,000. In awarding such grants, preference
18    shall be given to hospitals that serve a significant
19    number of Medicaid recipients, but do not qualify for
20    disproportionate share hospital adjustment payments under
21    the Illinois Public Aid Code. To receive such a grant, a
22    hospital or health care facility must provide funding of
23    at least 50% of the cost of the project for which the grant
24    is being requested. In awarding such grants the Illinois
25    Emergency Management Agency shall consider the
26    recommendations of the Illinois Hospital Association.



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1        (13) Do all other things necessary, incidental or
2    appropriate for the implementation of this Act.
3    (g) The Illinois Emergency Management Agency is authorized
4to make grants to various higher education institutions,
5public K-12 school districts, area vocational centers as
6designated by the State Board of Education, inter-district
7special education cooperatives, regional safe schools, and
8nonpublic K-12 schools for safety and security improvements.
9For the purpose of this subsection (g), "higher education
10institution" means a public university, a public community
11college, or an independent, not-for-profit or for-profit
12higher education institution located in this State. Grants
13made under this subsection (g) shall be paid out of moneys
14appropriated for that purpose from the Build Illinois Bond
15Fund. The Illinois Emergency Management Agency shall adopt
16rules to implement this subsection (g). These rules may
17specify: (i) the manner of applying for grants; (ii) project
18eligibility requirements; (iii) restrictions on the use of
19grant moneys; (iv) the manner in which the various higher
20education institutions must account for the use of grant
21moneys; and (v) any other provision that the Illinois
22Emergency Management Agency determines to be necessary or
23useful for the administration of this subsection (g).
24    (g-5) The Illinois Emergency Management Agency is
25authorized to make grants to not-for-profit organizations
26which are exempt from federal income taxation under section



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1501(c)(3) of the Federal Internal Revenue Code for eligible
2security improvements that assist the organization in
3preventing, preparing for, or responding to threats, attacks,
4or acts of terrorism. To be eligible for a grant under the
5program, the Agency must determine that the organization is at
6a high risk of being subject to threats, attacks, or acts of
7terrorism based on the organization's profile, ideology,
8mission, or beliefs. Eligible security improvements shall
9include all eligible preparedness activities under the federal
10Nonprofit Security Grant Program, including, but not limited
11to, physical security upgrades, security training exercises,
12preparedness training exercises, contracting with security
13personnel, and any other security upgrades deemed eligible by
14the Director. Eligible security improvements shall not
15duplicate, in part or in whole, a project included under any
16awarded federal grant or in a pending federal application. The
17Director shall establish procedures and forms by which
18applicants may apply for a grant and procedures for
19distributing grants to recipients. Any security improvements
20awarded shall remain at the physical property listed in the
21grant application, unless authorized by Agency rule or
22approved by the Agency in writing. The procedures shall
23require each applicant to do the following:
24        (1) identify and substantiate prior or current
25    threats, attacks, or acts of terrorism against the
26    not-for-profit organization;



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1        (2) indicate the symbolic or strategic value of one or
2    more sites that renders the site a possible target of a
3    threat, attack, or act of terrorism;
4        (3) discuss potential consequences to the organization
5    if the site is damaged, destroyed, or disrupted by a
6    threat, attack, or act of terrorism;
7        (4) describe how the grant will be used to integrate
8    organizational preparedness with broader State and local
9    preparedness efforts, as described by the Agency in each
10    Notice of Opportunity for Funding;
11        (5) submit (i) a vulnerability assessment conducted by
12    experienced security, law enforcement, or military
13    personnel, or conducted using an Agency-approved or
14    federal Nonprofit Security Grant Program self-assessment
15    tool, and (ii) a description of how the grant award will be
16    used to address the vulnerabilities identified in the
17    assessment; and
18        (6) submit any other relevant information as may be
19    required by the Director.
20    The Agency is authorized to use funds appropriated for the
21grant program described in this subsection (g-5) to administer
22the program. Any Agency Notice of Opportunity for Funding,
23proposed or final rulemaking, guidance, training opportunity,
24or other resource related to the grant program must be
25published on the Agency's publicly available website, and any
26announcements related to funding shall be shared with all



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1State legislative offices, the Governor's office, emergency
2services and disaster agencies mandated or required pursuant
3to subsections (b) through (d) of Section 10, and any other
4State agencies as determined by the Agency. Subject to
5appropriation, the grant application period shall be open for
6no less than 45 calendar days during the first application
7cycle each fiscal year, unless the Agency determines that a
8shorter period is necessary to avoid conflicts with the annual
9federal Nonprofit Security Grant Program funding cycle.
10Additional application cycles may be conducted during the same
11fiscal year, subject to availability of funds. Upon request,
12Agency staff shall provide reasonable assistance to any
13applicant in completing a grant application or meeting a
14post-award requirement.
15    (h) Except as provided in Section 17.5 of this Act, any
16moneys received by the Agency from donations or sponsorships
17unrelated to a disaster shall be deposited in the Emergency
18Planning and Training Fund and used by the Agency, subject to
19appropriation, to effectuate planning and training activities.
20Any moneys received by the Agency from donations during a
21disaster and intended for disaster response or recovery shall
22be deposited into the Disaster Response and Recovery Fund and
23used for disaster response and recovery pursuant to the
24Disaster Relief Act.
25    (i) The Illinois Emergency Management Agency may by rule
26assess and collect reasonable fees for attendance at



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1Agency-sponsored conferences to enable the Agency to carry out
2the requirements of this Act. Any moneys received under this
3subsection shall be deposited in the Emergency Planning and
4Training Fund and used by the Agency, subject to
5appropriation, for planning and training activities.
6    (j) The Illinois Emergency Management Agency is authorized
7to make grants to other State agencies, public universities,
8units of local government, and statewide mutual aid
9organizations to enhance statewide emergency preparedness and
11    (k) The Agency shall do all other things necessary,
12incidental, or appropriate for the implementation of this Act,
13including the adoption of rules in accordance with the
14Illinois Administrative Procedure Act.
15(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
16102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.