Full Text of HB4802 103rd General Assembly
HB4802ham001 103RD GENERAL ASSEMBLY | Rep. Mark L. Walker Filed: 3/6/2024 | | 10300HB4802ham001 | | LRB103 38019 BDA 69867 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4802
| 2 | | AMENDMENT NO. ______. Amend House Bill 4802 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Civil Administrative Code of Illinois is | 5 | | amended by changing Sections 5-15, 5-20, and 5-160 and by | 6 | | adding Section 5-425 as follows: | 7 | | (20 ILCS 5/5-15) (was 20 ILCS 5/3) | 8 | | Sec. 5-15. Departments of State government. The | 9 | | Departments of State government are created as follows: | 10 | | The Department on Aging. | 11 | | The Department of Agriculture. | 12 | | The Department of Central Management Services. | 13 | | The Department of Children and Family Services. | 14 | | The Department of Commerce and Economic Opportunity. | 15 | | The Department of Corrections. | 16 | | The Department of Employment Security. |
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| 1 | | The Illinois Emergency Management Agency and Office of | 2 | | Homeland Security . | 3 | | The Department of Financial and Professional Regulation. | 4 | | The Department of Healthcare and Family Services. | 5 | | The Department of Human Rights. | 6 | | The Department of Human Services. | 7 | | The Department of Innovation and Technology. | 8 | | The Department of Insurance. | 9 | | The Department of Juvenile Justice. | 10 | | The Department of Labor. | 11 | | The Department of the Lottery. | 12 | | The Department of Natural Resources. | 13 | | The Department of Public Health. | 14 | | The Department of Revenue. | 15 | | The Illinois State Police. | 16 | | The Department of Transportation. | 17 | | The Department of Veterans' Affairs. | 18 | | (Source: P.A. 102-538, eff. 8-20-21.) | 19 | | (20 ILCS 5/5-20) (was 20 ILCS 5/4) | 20 | | Sec. 5-20. Heads of departments. Each department shall | 21 | | have an officer as its head who shall be known as director or | 22 | | secretary and who shall, subject to the provisions of the | 23 | | Civil Administrative Code of Illinois, execute the powers and | 24 | | discharge the duties vested by law in his or her respective | 25 | | department. |
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| 1 | | The following officers are hereby created: | 2 | | Director of Aging, for the Department on Aging. | 3 | | Director of Agriculture, for the Department of | 4 | | Agriculture. | 5 | | Director of Central Management Services, for the | 6 | | Department of Central Management Services. | 7 | | Director of Children and Family Services, for the | 8 | | Department of Children and Family Services. | 9 | | Director of Commerce and Economic Opportunity, for the | 10 | | Department of Commerce and Economic Opportunity. | 11 | | Director of Corrections, for the Department of | 12 | | Corrections. | 13 | | Director of the Illinois Emergency Management Agency and | 14 | | Office of Homeland Security , for the Illinois Emergency | 15 | | Management Agency and Office of Homeland Security . | 16 | | Director of Employment Security, for the Department of | 17 | | Employment Security. | 18 | | Secretary of Financial and Professional Regulation, for | 19 | | the Department of Financial and Professional Regulation. | 20 | | Director of Healthcare and Family Services, for the | 21 | | Department of Healthcare and Family Services. | 22 | | Director of Human Rights, for the Department of Human | 23 | | Rights. | 24 | | Secretary of Human Services, for the Department of Human | 25 | | Services. | 26 | | Secretary of Innovation and Technology, for the Department |
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| 1 | | of Innovation and Technology. | 2 | | Director of Insurance, for the Department of Insurance. | 3 | | Director of Juvenile Justice, for the Department of | 4 | | Juvenile Justice. | 5 | | Director of Labor, for the Department of Labor. | 6 | | Director of the Lottery, for the Department of the | 7 | | Lottery. | 8 | | Director of Natural Resources, for the Department of | 9 | | Natural Resources. | 10 | | Director of Public Health, for the Department of Public | 11 | | Health. | 12 | | Director of Revenue, for the Department of Revenue. | 13 | | Director of the Illinois State Police, for the Illinois | 14 | | State Police. | 15 | | Secretary of Transportation, for the Department of | 16 | | Transportation. | 17 | | Director of Veterans' Affairs, for the Department of | 18 | | Veterans' Affairs. | 19 | | (Source: P.A. 102-538, eff. 8-20-21.) | 20 | | (20 ILCS 5/5-160) (was 20 ILCS 5/5.13h) | 21 | | Sec. 5-160. In the Emergency Management Agency and Office | 22 | | of Homeland Security . Assistant Director of the Emergency | 23 | | Management Agency and Office of Homeland Security . | 24 | | (Source: P.A. 93-1029, eff. 8-25-04.) |
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| 1 | | (20 ILCS 5/5-425 new) | 2 | | Sec. 5-425. In the Emergency Management Agency and Office | 3 | | of Homeland Security. For terms beginning on or after January | 4 | | 16, 2023, the Director shall receive an annual salary of | 5 | | $180,000 or as set by the Governor, whichever is higher. On | 6 | | July 1, 2023, and on each July 1 thereafter, the Director shall | 7 | | receive an increase in salary based on a cost of living | 8 | | adjustment as authorized by Senate Joint Resolution 192 of the | 9 | | 86th General Assembly. | 10 | | For terms beginning on or after January 16, 2023, the | 11 | | Assistant Director of the Illinois Emergency Management Agency | 12 | | shall receive an annual salary of $156,600 or as set by the | 13 | | Governor, whichever is higher. On July 1, 2023, and on each | 14 | | July 1 thereafter, the Assistant Director shall receive an | 15 | | increase in salary based on a cost of living adjustment as | 16 | | authorized by Senate Joint Resolution 192 of the 86th General | 17 | | Assembly. | 18 | | Section 10. The Illinois Emergency Management Agency Act | 19 | | is amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 10, 12, | 20 | | 14, 18, 20, and 23 and by adding Sections 24 and 25 as follows: | 21 | | (20 ILCS 3305/1) (from Ch. 127, par. 1051) | 22 | | Sec. 1. Short Title. This Act may be cited as the IEMA-OHS | 23 | | Illinois Emergency Management Agency Act. | 24 | | (Source: P.A. 87-168.) |
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| 1 | | (20 ILCS 3305/2) (from Ch. 127, par. 1052) | 2 | | Sec. 2. Policy and Purposes. | 3 | | (a) Because of the possibility of the occurrence of | 4 | | disasters of unprecedented size and destructiveness resulting | 5 | | from the explosion in this or in neighboring states of atomic | 6 | | or other means from without or by means of sabotage or other | 7 | | disloyal actions within, or from fire, flood, earthquake, | 8 | | telecommunications failure, or other natural or technological | 9 | | causes, and in order to insure that this State will be prepared | 10 | | to and will adequately deal with any disasters, preserve the | 11 | | lives and property of the people of this State and protect the | 12 | | public peace, health, and safety in the event of a disaster, it | 13 | | is found and declared to be necessary: | 14 | | (1) To create a State emergency management and | 15 | | homeland security agency an Illinois Emergency Management | 16 | | Agency and to authorize emergency management and homeland | 17 | | security programs within the political subdivisions of the | 18 | | State. | 19 | | (2) To confer upon the Governor and upon the principal | 20 | | executive officer of the political subdivisions of the | 21 | | State the powers provided herein. | 22 | | (3) To provide for the rendering of mutual aid among | 23 | | the political subdivisions and taxing districts of the | 24 | | State and with other states and with respect to the | 25 | | carrying out of an emergency management and homeland |
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| 1 | | security programs program . | 2 | | (b) It is further declared to be the purpose of this Act | 3 | | and the policy of the State that all emergency management and | 4 | | homeland security programs of this State be coordinated to the | 5 | | maximum extent with the comparable programs of the federal | 6 | | government, including its various departments and agencies, of | 7 | | other states and localities and private agencies of every | 8 | | type, to the end that the most effective preparation and use | 9 | | may be made of the nation's resources and facilities for | 10 | | dealing with any disaster that may occur. | 11 | | (Source: P.A. 87-168; 88-606, eff. 1-1-95.) | 12 | | (20 ILCS 3305/4) (from Ch. 127, par. 1054) | 13 | | Sec. 4. Definitions. As used in this Act, unless the | 14 | | context clearly indicates otherwise, the following words and | 15 | | terms have the meanings ascribed to them in this Section: | 16 | | "Agency" or "IEMA-OHS" means Illinois Emergency Management | 17 | | Agency and Office of Homeland Security. | 18 | | "Coordinator" means the staff assistant to the principal | 19 | | executive officer of a political subdivision with the duty of | 20 | | coordinating the emergency management programs of that | 21 | | political subdivision. | 22 | | "Cyber incident" means an event occurring on or conducted | 23 | | through a computer network that actually or imminently | 24 | | jeopardizes the integrity, confidentiality, or availability of | 25 | | computers, information or communications systems or networks, |
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| 1 | | physical or virtual infrastructure controlled by computers or | 2 | | information systems, or information resident thereon that | 3 | | affect or control infrastructure or communications networks | 4 | | utilized by the public. "Cyber incident" includes a | 5 | | vulnerability in information systems, system security | 6 | | procedures, internal controls, or implementations that could | 7 | | be exploited by a threat source that affect or control | 8 | | infrastructure or communications networks utilized by the | 9 | | public. | 10 | | "Director" means the Director of the Illinois Emergency | 11 | | Management Agency and Office of Homeland Security. | 12 | | "Disaster" means an occurrence or threat of widespread or | 13 | | severe damage, injury or loss of life or property resulting | 14 | | from any natural, technological, or human cause, including but | 15 | | not limited to fire, flood, earthquake, wind, storm, hazardous | 16 | | materials spill or other water contamination requiring | 17 | | emergency action to avert danger or damage, epidemic, air | 18 | | contamination, blight, extended periods of severe and | 19 | | inclement weather, drought, infestation, critical shortages of | 20 | | essential fuels and energy, explosion, riot, hostile military | 21 | | or paramilitary action, public health emergencies, cyber | 22 | | incidents, or acts of domestic terrorism. | 23 | | "Emergency Management" means the efforts of the State and | 24 | | the political subdivisions to develop, plan, analyze, conduct, | 25 | | provide, implement and maintain programs for disaster | 26 | | mitigation, preparedness, response and recovery. |
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| 1 | | "Emergency Services and Disaster Agency" means the agency | 2 | | by this name, by the name Emergency Management Agency, or by | 3 | | any other name that is established by ordinance within a | 4 | | political subdivision to coordinate the emergency management | 5 | | program within that political subdivision and with private | 6 | | organizations, other political subdivisions, the State and | 7 | | federal governments. | 8 | | "Emergency Operations Plan" means the written plan of the | 9 | | State and political subdivisions describing the organization, | 10 | | mission, and functions of the government and supporting | 11 | | services for responding to and recovering from disasters and | 12 | | shall include plans that take into account the needs of those | 13 | | individuals with household pets and service animals following | 14 | | a major disaster or emergency. | 15 | | "Emergency Services" means the coordination of functions | 16 | | by the State and its political subdivisions subdivision , other | 17 | | than functions for which military forces are primarily | 18 | | responsible, as may be necessary or proper to prevent, | 19 | | minimize, repair, and alleviate injury and damage resulting | 20 | | from any natural or technological causes. These functions | 21 | | include, without limitation, fire fighting services, police | 22 | | services, emergency aviation services, medical and health | 23 | | services, HazMat and technical rescue teams, rescue, | 24 | | engineering, warning services, communications, radiological, | 25 | | chemical and other special weapons defense, evacuation of | 26 | | persons from stricken or threatened areas, emergency assigned |
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| 1 | | functions of plant protection, temporary restoration of public | 2 | | utility services and other functions related to civilian | 3 | | protection, together with all other activities necessary or | 4 | | incidental to protecting life or property. | 5 | | "Exercise" means an event or activity delivered through | 6 | | discussion or action to develop, assess, or validate | 7 | | capabilities to achieve planned objectives. a planned event | 8 | | realistically simulating a disaster, conducted for the purpose | 9 | | of evaluating the political subdivision's coordinated | 10 | | emergency management capabilities, including, but not limited | 11 | | to, testing the emergency operations plan. | 12 | | "HazMat team" means a career or volunteer mobile support | 13 | | team that has been authorized by a unit of local government to | 14 | | respond to hazardous materials emergencies and that is | 15 | | primarily designed for emergency response to chemical or | 16 | | biological terrorism, radiological emergencies, hazardous | 17 | | material spills, releases, or fires, or other contamination | 18 | | events. | 19 | | "Illinois Emergency Management Agency and Office of | 20 | | Homeland Security " or "Agency" means the agency established by | 21 | | this Act within the executive branch of State Government | 22 | | responsible for coordination of the overall emergency | 23 | | management and homeland security programs program of the State | 24 | | and with private organizations, political subdivisions, and | 25 | | the federal government. Illinois Emergency Management Agency | 26 | | and Office of Homeland Security also means the State Emergency |
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| 1 | | Response Commission responsible for the implementation of | 2 | | Title III of the Superfund Amendments and Reauthorization Act | 3 | | of 1986. | 4 | | "Interoperable communications" means communications, | 5 | | including the exchange of voice data, and video on demand in | 6 | | real time, by emergency response providers and relevant State | 7 | | and local government agencies through a dedicated public | 8 | | safety network using information technology systems and radio | 9 | | communications systems. | 10 | | "Mobile Support Team" means a group of individuals | 11 | | designated as a team by the Governor or Director to train prior | 12 | | to and to be dispatched, if the Governor or the Director so | 13 | | determines, to aid and reinforce the State and political | 14 | | subdivision emergency management efforts in response to a | 15 | | disaster. | 16 | | "Municipality" means any city, village, and incorporated | 17 | | town. | 18 | | "Political Subdivision" means any county, city, village, | 19 | | or incorporated town or township if the township is in a county | 20 | | having a population of more than 2,000,000. | 21 | | "Principal Executive Officer" means chair of the county | 22 | | board, supervisor of a township if the township is in a county | 23 | | having a population of more than 2,000,000, mayor of a city or | 24 | | incorporated town, president of a village, or in their absence | 25 | | or disability, the interim successor as established under | 26 | | Section 7 of the Emergency Interim Executive Succession Act. |
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| 1 | | "Public health emergency" means an occurrence or imminent | 2 | | threat of an illness or health condition that: | 3 | | (a) is believed to be caused by any of the following: | 4 | | (i) bioterrorism; | 5 | | (ii) the appearance of a novel or previously | 6 | | controlled or eradicated infectious agent or | 7 | | biological toxin; | 8 | | (iii) a natural disaster; | 9 | | (iv) a chemical attack or accidental release; or | 10 | | (v) a nuclear attack or accident; and | 11 | | (b) poses a high probability of any of the following | 12 | | harms: | 13 | | (i) a large number of deaths in the affected | 14 | | population; | 15 | | (ii) a large number of serious or long-term | 16 | | disabilities in the affected population; or | 17 | | (iii) widespread exposure to an infectious or | 18 | | toxic agent that poses a significant risk of | 19 | | substantial future harm to a large number of people in | 20 | | the affected population. | 21 | | "Statewide mutual aid organization" means an entity with | 22 | | local government members throughout the State that facilitates | 23 | | temporary assistance through its members in a particular | 24 | | public safety discipline, such as police, fire or emergency | 25 | | management, when an occurrence exceeds a member jurisdiction's | 26 | | capabilities. |
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| 1 | | "Technical rescue team" means a career or volunteer mobile | 2 | | support team that has been authorized by a unit of local | 3 | | government to respond to building collapse, high angle rescue, | 4 | | and other specialized rescue emergencies and that is primarily | 5 | | designated for emergency response to technical rescue events. | 6 | | (Source: P.A. 102-485, eff. 8-20-21.) | 7 | | (20 ILCS 3305/5) (from Ch. 127, par. 1055) | 8 | | Sec. 5. Illinois Emergency Management Agency and Office of | 9 | | Homeland Security . | 10 | | (a) Establishment of the Illinois Emergency Management | 11 | | Agency and Office of Homeland Security. There is created | 12 | | within the executive branch of the State Government an | 13 | | Illinois Emergency Management Agency and Office of Homeland | 14 | | Security and a Director of the Illinois Emergency Management | 15 | | Agency and Office of Homeland Security , herein called the | 16 | | "Director" who shall be the head of the Agency thereof . The | 17 | | Director shall be appointed by the Governor, with the advice | 18 | | and consent of the Senate, and shall serve for a term of 2 | 19 | | years beginning on the third Monday in January of the | 20 | | odd-numbered year, and until a successor is appointed and has | 21 | | qualified ; except that the term of the first Director | 22 | | appointed under this Act shall expire on the third Monday in | 23 | | January, 1989 . The Director shall not hold any other | 24 | | remunerative public office. For terms beginning after January | 25 | | 18, 2019 (the effective date of Public Act 100-1179) and |
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| 1 | | before January 16, 2023, the annual salary of the Director | 2 | | shall be as provided in Section 5-300 of the Civil | 3 | | Administrative Code of Illinois. Notwithstanding any other | 4 | | provision of law, for terms beginning on or after January 16, | 5 | | 2023, the Director shall receive an annual salary of $180,000 | 6 | | or as set by the Governor, whichever is higher. On July 1, | 7 | | 2023, and on each July 1 thereafter, the Director shall | 8 | | receive an increase in salary based on a cost of living | 9 | | adjustment as authorized by Senate Joint Resolution 192 of the | 10 | | 86th General Assembly. | 11 | | For terms beginning on or after January 16, 2023, the | 12 | | Assistant Director of the Illinois Emergency Management Agency | 13 | | shall receive an annual salary of $156,600 or as set by the | 14 | | Governor, whichever is higher. On July 1, 2023, and on each | 15 | | July 1 thereafter, the Assistant Director shall receive an | 16 | | increase in salary based on a cost of living adjustment as | 17 | | authorized by Senate Joint Resolution 192 of the 86th General | 18 | | Assembly. | 19 | | (b) Agency personnel. The Illinois Emergency Management | 20 | | Agency shall obtain, under the provisions of the Personnel | 21 | | Code, technical, clerical, stenographic and other | 22 | | administrative personnel, and may make expenditures within the | 23 | | appropriation therefor as may be necessary to carry out the | 24 | | purpose of this Act. The agency created by this Act is intended | 25 | | to be a successor to the agency created under the Illinois | 26 | | Emergency Services and Disaster Agency Act of 1975 and the |
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| 1 | | personnel, equipment, records, and appropriations of that | 2 | | agency are transferred to the successor agency as of June 30, | 3 | | 1988 (the effective date of this Act). | 4 | | (c) Responsibilities of the Director. The Director, | 5 | | subject to the direction and control of the Governor, shall be | 6 | | the executive head of the Illinois Emergency Management Agency | 7 | | and the State Emergency Response Commission and shall be | 8 | | responsible under the direction of the Governor, for carrying | 9 | | out the programs program for emergency management , nuclear and | 10 | | radiation safety, and homeland security of this State. The | 11 | | Director shall also maintain liaison and cooperate with the | 12 | | emergency management , nuclear and radiation safety, and | 13 | | homeland security organizations of this State and other states | 14 | | and of the federal government. | 15 | | (d) Local emergency operations planning. The Illinois | 16 | | Emergency Management Agency shall take an integral part in the | 17 | | development and revision of political subdivision emergency | 18 | | operations plans prepared under paragraph (f) of Section 10. | 19 | | To this end it shall employ or otherwise secure the services of | 20 | | professional and technical personnel capable of providing | 21 | | expert assistance to the emergency services and disaster | 22 | | agencies. These personnel shall consult with emergency | 23 | | services and disaster agencies on a regular basis and shall | 24 | | make field examinations of the areas, circumstances, and | 25 | | conditions that particular political subdivision emergency | 26 | | operations plans are intended to apply. |
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| 1 | | (e) Local Emergency Planning Committee. The Illinois | 2 | | Emergency Management Agency and political subdivisions shall | 3 | | be encouraged to form an emergency management advisory | 4 | | committee composed of private and public personnel | 5 | | representing the emergency management phases of mitigation, | 6 | | preparedness, response, and recovery. The Local Emergency | 7 | | Planning Committee, as created under the Illinois Emergency | 8 | | Planning and Community Right to Know Act, shall serve as an | 9 | | advisory committee to the emergency services and disaster | 10 | | agency or agencies serving within the boundaries of that Local | 11 | | Emergency Planning Committee planning district for: | 12 | | (1) the development of emergency operations plan | 13 | | provisions for hazardous chemical emergencies; and | 14 | | (2) the assessment of emergency response capabilities | 15 | | related to hazardous chemical emergencies. | 16 | | (f) Emergency management responsibilities of the Agency. | 17 | | The Illinois Emergency Management Agency shall: | 18 | | (1) Coordinate the overall emergency management | 19 | | program of the State. | 20 | | (2) Cooperate with local governments, the federal | 21 | | government, and any public or private agency or entity in | 22 | | achieving any purpose of this Act and in implementing | 23 | | emergency management programs for mitigation, | 24 | | preparedness, response, and recovery. | 25 | | (2.5) (Blank). Develop a comprehensive emergency | 26 | | preparedness and response plan for any nuclear accident in |
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| 1 | | accordance with Section 65 of the Nuclear Safety Law of | 2 | | 2004 and in development of the Illinois Nuclear Safety | 3 | | Preparedness program in accordance with Section 8 of the | 4 | | Illinois Nuclear Safety Preparedness Act. | 5 | | (2.6) Coordinate with the Department of Public Health | 6 | | with respect to planning for and responding to public | 7 | | health emergencies. | 8 | | (3) Prepare, for issuance by the Governor, executive | 9 | | orders, proclamations, and regulations as necessary or | 10 | | appropriate in coping with disasters. | 11 | | (4) Promulgate rules and requirements for political | 12 | | subdivision emergency operations plans that are not | 13 | | inconsistent with and are at least as stringent as | 14 | | applicable federal laws and regulations. | 15 | | (5) Review and approve, in accordance with Illinois | 16 | | Emergency Management Agency rules, emergency operations | 17 | | plans for those political subdivisions required to have an | 18 | | emergency services and disaster agency pursuant to this | 19 | | Act. | 20 | | (5.5) Promulgate rules and requirements for the | 21 | | political subdivision emergency management exercises, | 22 | | including, but not limited to, exercises of the emergency | 23 | | operations plans. | 24 | | (5.10) Review, evaluate, and approve, in accordance | 25 | | with Illinois Emergency Management Agency rules, political | 26 | | subdivision emergency management exercises for those |
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| 1 | | political subdivisions required to have an emergency | 2 | | services and disaster agency pursuant to this Act. | 3 | | (6) Determine requirements of the State and its | 4 | | political subdivisions for food, clothing, and other | 5 | | necessities in event of a disaster. | 6 | | (7) Establish a register of persons with types of | 7 | | emergency management training and skills in mitigation, | 8 | | preparedness, response, and recovery. | 9 | | (8) Establish a register of government and private | 10 | | response resources available for use in a disaster. | 11 | | (9) Expand the Earthquake Awareness Program and its | 12 | | efforts to distribute earthquake preparedness materials to | 13 | | schools, political subdivisions, community groups, civic | 14 | | organizations, and the media. Emphasis will be placed on | 15 | | those areas of the State most at risk from an earthquake. | 16 | | Maintain the list of all school districts, hospitals, | 17 | | airports, power plants, including nuclear power plants, | 18 | | lakes, dams, emergency response facilities of all types, | 19 | | and all other major public or private structures which are | 20 | | at the greatest risk of damage from earthquakes under | 21 | | circumstances where the damage would cause subsequent harm | 22 | | to the surrounding communities and residents. | 23 | | (10) Disseminate all information, completely and | 24 | | without delay, on water levels for rivers and streams and | 25 | | any other data pertaining to potential flooding supplied | 26 | | by the Division of Water Resources within the Department |
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| 1 | | of Natural Resources to all political subdivisions to the | 2 | | maximum extent possible. | 3 | | (11) Develop agreements, if feasible, with medical | 4 | | supply and equipment firms to supply resources as are | 5 | | necessary to respond to an earthquake or any other | 6 | | disaster as defined in this Act. These resources will be | 7 | | made available upon notifying the vendor of the disaster. | 8 | | Payment for the resources will be in accordance with | 9 | | Section 7 of this Act. The Illinois Department of Public | 10 | | Health shall determine which resources will be required | 11 | | and requested. | 12 | | (11.5) In coordination with the Illinois State Police, | 13 | | develop and implement a community outreach program to | 14 | | promote awareness among the State's parents and children | 15 | | of child abduction prevention and response. | 16 | | (12) Out of funds appropriated for these purposes, | 17 | | award capital and non-capital grants to Illinois hospitals | 18 | | or health care facilities located outside of a city with a | 19 | | population in excess of 1,000,000 to be used for purposes | 20 | | that include, but are not limited to, preparing to respond | 21 | | to mass casualties and disasters, maintaining and | 22 | | improving patient safety and quality of care, and | 23 | | protecting the confidentiality of patient information. No | 24 | | single grant for a capital expenditure shall exceed | 25 | | $300,000. No single grant for a non-capital expenditure | 26 | | shall exceed $100,000. In awarding such grants, preference |
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| 1 | | shall be given to hospitals that serve a significant | 2 | | number of Medicaid recipients, but do not qualify for | 3 | | disproportionate share hospital adjustment payments under | 4 | | the Illinois Public Aid Code. To receive such a grant, a | 5 | | hospital or health care facility must provide funding of | 6 | | at least 50% of the cost of the project for which the grant | 7 | | is being requested. In awarding such grants , the Illinois | 8 | | Emergency Management Agency shall consider the | 9 | | recommendations of the Illinois Hospital Association. | 10 | | (13) (Blank). Do all other things necessary, | 11 | | incidental or appropriate for the implementation of this | 12 | | Act. | 13 | | (g) School and campus grants. The Illinois Emergency | 14 | | Management Agency is authorized to make grants to various | 15 | | higher education institutions, public K-12 school districts, | 16 | | area vocational centers as designated by the State Board of | 17 | | Education, inter-district special education cooperatives, | 18 | | regional safe schools, and nonpublic K-12 schools for safety | 19 | | and security improvements. For the purpose of this subsection | 20 | | (g), "higher education institution" means a public university, | 21 | | a public community college, or an independent, not-for-profit | 22 | | or for-profit higher education institution located in this | 23 | | State. Grants made under this subsection (g) shall be paid out | 24 | | of moneys appropriated for that purpose from the Build | 25 | | Illinois Bond Fund. The Illinois Emergency Management Agency | 26 | | shall adopt rules to implement this subsection (g). These |
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| 1 | | rules may specify: (1) (i) the manner of applying for grants; | 2 | | (2) (ii) project eligibility requirements; (3) (iii) | 3 | | restrictions on the use of grant moneys; (4) (iv) the manner in | 4 | | which the various higher education institutions must account | 5 | | for the use of grant moneys; and (5) (v) any other provision | 6 | | that the Illinois Emergency Management Agency determines to be | 7 | | necessary or useful for the administration of this subsection | 8 | | (g). | 9 | | (g-5) State not-for-profit security grants. The Illinois | 10 | | Emergency Management Agency is authorized to make grants to | 11 | | not-for-profit organizations which are exempt from federal | 12 | | income taxation under section 501(c)(3) of the Federal | 13 | | Internal Revenue Code for eligible security improvements that | 14 | | assist the organization in preventing, preparing for, or | 15 | | responding to threats, attacks, or acts of terrorism. To be | 16 | | eligible for a grant under the program, the Agency must | 17 | | determine that the organization is at a high risk of being | 18 | | subject to threats, attacks, or acts of terrorism based on the | 19 | | organization's profile, ideology, mission, or beliefs. | 20 | | Eligible security improvements shall include all eligible | 21 | | preparedness activities under the federal Nonprofit Security | 22 | | Grant Program, including, but not limited to, physical | 23 | | security upgrades, security training exercises, preparedness | 24 | | training exercises, contracting with security personnel, and | 25 | | any other security upgrades deemed eligible by the Director. | 26 | | Eligible security improvements shall not duplicate, in part or |
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| 1 | | in whole, a project included under any awarded federal grant | 2 | | or in a pending federal application. The Director shall | 3 | | establish procedures and forms by which applicants may apply | 4 | | for a grant and procedures for distributing grants to | 5 | | recipients. Any security improvements awarded shall remain at | 6 | | the physical property listed in the grant application, unless | 7 | | authorized by Agency rule or approved by the Agency in | 8 | | writing. The procedures shall require each applicant to do the | 9 | | following: | 10 | | (1) identify and substantiate prior or current | 11 | | threats, attacks, or acts of terrorism against the | 12 | | not-for-profit organization; | 13 | | (2) indicate the symbolic or strategic value of one or | 14 | | more sites that renders the site a possible target of a | 15 | | threat, attack, or act of terrorism; | 16 | | (3) discuss potential consequences to the organization | 17 | | if the site is damaged, destroyed, or disrupted by a | 18 | | threat, attack, or act of terrorism; | 19 | | (4) describe how the grant will be used to integrate | 20 | | organizational preparedness with broader State and local | 21 | | preparedness efforts, as described by the Agency in each | 22 | | Notice of Opportunity for Funding; | 23 | | (5) submit (i) a vulnerability assessment conducted by | 24 | | experienced security, law enforcement, or military | 25 | | personnel, or conducted using an Agency-approved or | 26 | | federal Nonprofit Security Grant Program self-assessment |
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| 1 | | tool, and (ii) a description of how the grant award will be | 2 | | used to address the vulnerabilities identified in the | 3 | | assessment; and | 4 | | (6) submit any other relevant information as may be | 5 | | required by the Director. | 6 | | The Agency is authorized to use funds appropriated for the | 7 | | grant program described in this subsection (g-5) to administer | 8 | | the program. | 9 | | Any Agency Notice of Opportunity for Funding, proposed or | 10 | | final rulemaking, guidance, training opportunity, or other | 11 | | resource related to the grant program must be published on the | 12 | | Agency's publicly available website, and any announcements | 13 | | related to funding shall be shared with all State legislative | 14 | | offices, the Governor's office, emergency services and | 15 | | disaster agencies mandated or required pursuant to subsections | 16 | | (b) through (d) of Section 10, and any other State agencies as | 17 | | determined by the Agency. Subject to appropriation, the grant | 18 | | application period shall be open for no less than 45 calendar | 19 | | days during the first application cycle each fiscal year, | 20 | | unless the Agency determines that a shorter period is | 21 | | necessary to avoid conflicts with the annual federal Nonprofit | 22 | | Security Grant Program funding cycle. Additional application | 23 | | cycles may be conducted during the same fiscal year, subject | 24 | | to availability of funds. Upon request, Agency staff shall | 25 | | provide reasonable assistance to any applicant in completing a | 26 | | grant application or meeting a post-award requirement. |
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| 1 | | (g-10) Homeland Security Advisor. | 2 | | (1) A Homeland Security Advisor shall be appointed by | 3 | | the Governor, by and with the advice and consent of the | 4 | | Senate, shall report to the Governor, and shall be a | 5 | | member of the Governor's Cabinet. The Homeland Security | 6 | | Advisor shall: | 7 | | (A) advise the Governor or the Governor's | 8 | | designees on matters of homeland security, as well as | 9 | | coordinating Illinois' homeland security and | 10 | | preparedness efforts across all levels of government, | 11 | | in order to protect the people and critical | 12 | | infrastructure of Illinois; | 13 | | (B) coordinate a uniform and cooperative | 14 | | statewide, strategic response to homeland security | 15 | | threats as defined by, and in the sole discretion of, | 16 | | the Governor; | 17 | | (C) coordinate and providing policy | 18 | | recommendations to the Governor and other State | 19 | | agencies on all matters pertaining to homeland | 20 | | security; | 21 | | (D) call upon the expertise and assistance of all | 22 | | State agencies, commissions, and boards to carry out | 23 | | their mission in support of the State's homeland | 24 | | security efforts; each State agency, commission, or | 25 | | board shall be required, to the extent not | 26 | | inconsistent with law, to cooperate with the Homeland |
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| 1 | | Security Advisor; to facilitate a unified State | 2 | | strategy on matters of homeland security, all State | 3 | | agencies, boards, and commissions shall provide | 4 | | briefings to the Homeland Security Advisor regularly | 5 | | and upon request; | 6 | | (E) serve as the State's primary liaison with all | 7 | | federal agencies pertaining to homeland security | 8 | | matters for the State; | 9 | | (F) consistent with the United States Department | 10 | | of Homeland Security standard operating procedures and | 11 | | guidance, the Homeland Security Advisor shall oversee | 12 | | and approve of security clearance requests for State | 13 | | personnel sent to the federal government for final | 14 | | adjudication, except that the Homeland Security | 15 | | Advisor shall coordinate with Illinois State Police on | 16 | | such clearance requests for law enforcement personnel; | 17 | | this subparagraph (F) shall not apply to clearances | 18 | | issued by the Department of Defense; and | 19 | | (G) performing such other duties related to | 20 | | homeland security as directed by the Governor or the | 21 | | Governor's designees. | 22 | | (2) A Deputy Homeland Security Advisor, reporting to | 23 | | the Homeland Security Advisor, shall be recommended by the | 24 | | Homeland Security Advisor. The Deputy Homeland Security | 25 | | Advisor shall: | 26 | | (A) assume responsibilities of the Homeland |
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| 1 | | Security Advisor as needed or directed by the Governor | 2 | | or Homeland Security Advisor; | 3 | | (B) serve as the Deputy Director of the Office of | 4 | | Homeland Security within the Agency; | 5 | | (C) develop and execute the State's unified | 6 | | homeland security strategy; | 7 | | (D) serve as a representative of the Homeland | 8 | | Security Advisor and the Agency's Office of Homeland | 9 | | Security with all State agencies, commissions, and | 10 | | boards as it pertains to matters of homeland security; | 11 | | and | 12 | | (E) serve as a representative of the Homeland | 13 | | Security Advisor and State with all federal agencies | 14 | | for matters pertaining to homeland security. | 15 | | (3) The Homeland Security Advisor or Deputy Homeland | 16 | | Security Advisor shall provide briefings to the Governor | 17 | | and Lieutenant Governor as directed. | 18 | | (4) The Agency shall coordinate with and provide | 19 | | administrative support for the Homeland Security Advisor | 20 | | and house the State's Office of Homeland Security. The | 21 | | Director shall coordinate with the Homeland Security | 22 | | Advisor to ensure the duties and actions of the Office of | 23 | | Homeland Security are aligned with the State's homeland | 24 | | security strategic goals and priorities. | 25 | | (g-15) Homeland Security responsibilities of the Agency. | 26 | | The Agency, through its Office of Homeland Security, shall: |
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| 1 | | (1) support the Homeland Security Advisor in the | 2 | | administration and coordination of homeland security and | 3 | | preparedness efforts across all levels of government to | 4 | | protect the people and critical infrastructure of | 5 | | Illinois; | 6 | | (2) oversee, plan, and distribute State and federal | 7 | | funding for homeland security on the basis of risk, | 8 | | threat, and vulnerability to ensure the most effective use | 9 | | of limited resources, and guarantee that funds are used | 10 | | for appropriate and necessary purposes; | 11 | | (3) review all proposed State legislation pertaining | 12 | | to homeland security matters and report to the Homeland | 13 | | Security Advisor about such proposed legislation; the | 14 | | Office shall also review existing legislation and may | 15 | | recommend modifications, amendments, or initiatives to | 16 | | support or enhance the State's homeland security and | 17 | | preparedness capabilities; | 18 | | (4) ensure the implementation of the strategic | 19 | | response and policy recommendations of the Governor and | 20 | | Homeland Security Advisor pertaining to all matters of | 21 | | homeland security; | 22 | | (5) coordinate with all State agencies, commissions, | 23 | | and boards, regarding the matters of homeland security; | 24 | | (6) coordinate with the Illinois State Police to | 25 | | provide the United States Department of Homeland Security | 26 | | with relevant reporting metrics and data pertaining to the |
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| 1 | | State; | 2 | | (7) develop, at the direction of the Homeland Security | 3 | | Advisor, and in cooperation with the Illinois State Police | 4 | | and other appropriate State agencies, appropriate | 5 | | protocols, staffing, training, and equipment guidelines | 6 | | for the weapons of mass destruction teams that the | 7 | | Governor, or the Governor's designee, may deploy in the | 8 | | event or threat of a disaster; | 9 | | (8) lead the State's homeland security public | 10 | | education and risk communication messaging; and | 11 | | (9) adopt rules necessary for implementation of | 12 | | homeland security programs. | 13 | | (g-20) Nuclear and radiation safety responsibilities of | 14 | | the Agency. The Agency shall be responsible for nuclear and | 15 | | radiation safety and shall: | 16 | | (1) exercise, administer, and enforce all rights, | 17 | | powers, and duties for nuclear and radiation safety | 18 | | authorized in the Nuclear Safety Law of 2004 or successor | 19 | | statutes; | 20 | | (2) develop a comprehensive emergency preparedness and | 21 | | response plan for any nuclear accident in accordance with | 22 | | Section 65 of the Nuclear Safety Law of 2004 and an | 23 | | Illinois nuclear safety preparedness program in accordance | 24 | | with Section 8 of the Illinois Nuclear Safety Preparedness | 25 | | Act or successor statutes; and | 26 | | (3) have the right to enter on public and private |
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| 1 | | property in order to take environmental samples for | 2 | | response to a disaster that reasonably could have caused | 3 | | radioactive contamination. | 4 | | (h) Donations and sponsorships. Except as provided in | 5 | | Section 17.5 of this Act, any moneys received by the Agency | 6 | | from donations or sponsorships unrelated to a disaster shall | 7 | | be deposited in the Emergency Planning and Training Fund and | 8 | | used by the Agency, subject to appropriation, to effectuate | 9 | | planning and training activities. Any moneys received by the | 10 | | Agency from donations during a disaster and intended for | 11 | | disaster response or recovery shall be deposited into the | 12 | | Disaster Response and Recovery Fund and used for disaster | 13 | | response and recovery pursuant to the Disaster Relief Act. | 14 | | (i) Conference fees. The Illinois Emergency Management | 15 | | Agency may , by rule , assess and collect reasonable fees for | 16 | | attendance at Agency-sponsored conferences to enable the | 17 | | Agency to carry out the requirements of this Act. Any moneys | 18 | | received under this subsection shall be deposited in the | 19 | | Emergency Planning and Training Fund and used by the Agency, | 20 | | subject to appropriation, for planning and training | 21 | | activities. | 22 | | (j) Other grant-making powers. The Illinois Emergency | 23 | | Management Agency is authorized to make grants to other State | 24 | | agencies, public universities, units of local government, and | 25 | | statewide mutual aid organizations to enhance statewide | 26 | | emergency preparedness and response. |
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| 1 | | (k) Agency's responsibility to implement and administer | 2 | | the Act. The Agency shall do all other things necessary, | 3 | | incidental, or appropriate for the implementation of this Act, | 4 | | including the adoption of rules in accordance with the | 5 | | Illinois Administrative Procedure Act. | 6 | | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | 7 | | 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. | 8 | | 1-1-24 .) | 9 | | (20 ILCS 3305/6) (from Ch. 127, par. 1056) | 10 | | Sec. 6. Emergency Management Powers of the Governor. | 11 | | (a) The Governor shall have general direction and control | 12 | | of the Illinois Emergency Management Agency and shall be | 13 | | responsible for the carrying out of the provisions of this | 14 | | Act. | 15 | | (b) In performing duties under this Act, the Governor is | 16 | | authorized to cooperate with the federal government and with | 17 | | other states in all matters pertaining to emergency | 18 | | management , nuclear and radiation safety, and homeland | 19 | | security . | 20 | | (c) In performing duties under this Act, the Governor is | 21 | | further authorized: | 22 | | (1) To make, amend, and rescind all lawful necessary | 23 | | orders, rules, and regulations to carry out the provisions | 24 | | of this Act within the limits of the authority conferred | 25 | | upon the Governor. |
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| 1 | | (2) To cause to be prepared a comprehensive plans plan | 2 | | and programs program for the emergency management , nuclear | 3 | | and radiation safety, and homeland security of this State, | 4 | | which plans and programs plan and program shall be | 5 | | integrated into and coordinated with emergency management , | 6 | | nuclear and radiation safety, and homeland security plans | 7 | | and programs of the federal government and of other states | 8 | | whenever possible and which plans and programs plan and | 9 | | program may include: | 10 | | a. Mitigation of injury and damage caused by | 11 | | disaster. | 12 | | b. Prompt and effective response to disaster. | 13 | | c. Emergency relief. | 14 | | d. Identification of areas particularly vulnerable | 15 | | to disasters. | 16 | | e. Recommendations for zoning, building, and other | 17 | | land-use controls, safety measures for securing | 18 | | permanent structures and other mitigation measures | 19 | | designed to eliminate or reduce disasters or their | 20 | | impact. | 21 | | f. Assistance to political subdivisions in | 22 | | designing emergency operations plans. | 23 | | g. Authorization and procedures for the erection | 24 | | or other construction of temporary works designed to | 25 | | mitigate danger, damage or loss from flood, or other | 26 | | disaster. |
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| 1 | | h. Preparation and distribution to the appropriate | 2 | | State and political subdivision officials of a State | 3 | | catalog of federal, State, and private assistance | 4 | | programs. | 5 | | i. Organization of State personnel and chains of | 6 | | command. | 7 | | j. Coordination of federal, State, and political | 8 | | subdivision emergency management , nuclear and | 9 | | radiation safety, and homeland security activities. | 10 | | k. Other necessary matters. | 11 | | (3) In accordance with the plans plan and programs | 12 | | program for the emergency management , nuclear and | 13 | | radiation safety, and homeland security of this State, and | 14 | | out of funds appropriated for these purposes, to procure | 15 | | and preposition supplies, medicines, materials and | 16 | | equipment, to institute training programs and public | 17 | | information programs, and to take all other preparatory | 18 | | steps including the partial or full mobilization of | 19 | | emergency services and disaster agencies in advance of | 20 | | actual disaster to insure the furnishing of adequately | 21 | | trained and equipped forces for disaster response and | 22 | | recovery. | 23 | | (4) Out of funds appropriated for these purposes, to | 24 | | make studies and surveys of the industries, resources, and | 25 | | facilities in this State as may be necessary to ascertain | 26 | | the capabilities of the State for emergency management |
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| 1 | | phases of mitigation, preparedness, response, and recovery | 2 | | and to plan for the most efficient emergency use thereof. | 3 | | (5) On behalf of this State, to negotiate for and | 4 | | submit to the General Assembly for its approval or | 5 | | rejection reciprocal mutual aid agreements or compacts | 6 | | with other states, either on a statewide or political | 7 | | subdivision basis. The agreements or compacts, shall be | 8 | | limited to the furnishing or exchange of food, clothing, | 9 | | medical or other supplies, engineering and police | 10 | | services; emergency housing and feeding; National and | 11 | | State Guards while under the control of the State; health, | 12 | | medical, and related services; fire fighting, rescue, | 13 | | transportation, communication, and construction services | 14 | | and equipment, provided, however, that if the General | 15 | | Assembly be not in session and the Governor has not | 16 | | proclaimed the existence of a disaster under this Section, | 17 | | then the agreements or compacts shall instead be submitted | 18 | | to an Interim Committee on Emergency Management composed | 19 | | of 5 Senators appointed by the President of the Senate and | 20 | | of 5 Representatives appointed by the Speaker of the | 21 | | House, during the month of June of each odd-numbered year | 22 | | to serve for a 2-year 2 year term, beginning July 1 of that | 23 | | year, and until their successors are appointed and | 24 | | qualified, or until termination of their legislative | 25 | | service, whichever first occurs. Vacancies shall be filled | 26 | | by appointment for the unexpired term in the same manner |
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| 1 | | as original appointments. All appointments shall be made | 2 | | in writing and filed with the Secretary of State as a | 3 | | public record. The Committee shall have the power to | 4 | | approve or reject any agreements or compacts for and on | 5 | | behalf of the General Assembly; and, provided further, | 6 | | that an affirmative vote of 2/3 of the members of the | 7 | | Committee shall be necessary for the approval of any | 8 | | agreement or compact. | 9 | | (Source: P.A. 92-73, eff. 1-1-02.) | 10 | | (20 ILCS 3305/7) (from Ch. 127, par. 1057) | 11 | | Sec. 7. Emergency Powers of the Governor. In the event of a | 12 | | disaster, as defined in Section 4, the Governor may, by | 13 | | proclamation , declare that a disaster exists. Upon such | 14 | | proclamation, the Governor shall have and may exercise for a | 15 | | period not to exceed 30 days the following emergency powers; | 16 | | provided, however, that the lapse of the emergency powers | 17 | | shall not, as regards any act or acts occurring or committed | 18 | | within the 30-day period, deprive any person, firm, | 19 | | corporation, political subdivision, or body politic of any | 20 | | right or rights to compensation or reimbursement which he, | 21 | | she, it, or they may have under the provisions of this Act: | 22 | | (1) To suspend the provisions of any regulatory | 23 | | statute prescribing procedures for conduct of State | 24 | | business, or the orders, rules and regulations of any | 25 | | State agency, if strict compliance with the provisions of |
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| 1 | | any statute, order, rule, or regulation would in any way | 2 | | prevent, hinder or delay necessary action, including | 3 | | emergency purchases, by the Illinois Emergency Management | 4 | | Agency, in coping with the disaster. | 5 | | (2) To utilize all available resources of the State | 6 | | government as reasonably necessary to cope with the | 7 | | disaster and of each political subdivision of the State. | 8 | | (3) To transfer the direction, personnel or functions | 9 | | of State departments and agencies or units thereof for the | 10 | | purpose of performing or facilitating disaster response | 11 | | and recovery programs. | 12 | | (4) On behalf of this State to take possession of, and | 13 | | to acquire full title or a lesser specified interest in, | 14 | | any personal property as may be necessary to accomplish | 15 | | the objectives set forth in Section 2 of this Act, | 16 | | including: airplanes, automobiles, trucks, trailers, | 17 | | buses, and other vehicles; coal, oils, gasoline, and other | 18 | | fuels and means of propulsion; explosives, materials, | 19 | | equipment, and supplies; animals and livestock; feed and | 20 | | seed; food and provisions for humans and animals; clothing | 21 | | and bedding; and medicines and medical and surgical | 22 | | supplies; and to take possession of and for a limited | 23 | | period occupy and use any real estate necessary to | 24 | | accomplish those objectives; but only upon the undertaking | 25 | | by the State to pay just compensation therefor as in this | 26 | | Act provided, and then only under the following |
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| 1 | | provisions: | 2 | | a. The Governor, or the person or persons as the | 3 | | Governor may authorize so to do, may forthwith take | 4 | | possession of property for and on behalf of the State; | 5 | | provided, however, that the Governor or persons shall | 6 | | simultaneously with the taking, deliver to the owner | 7 | | or his or her agent, if the identity of the owner or | 8 | | agency is known or readily ascertainable, a signed | 9 | | statement in writing, that shall include the name and | 10 | | address of the owner, the date and place of the taking, | 11 | | description of the property sufficient to identify it, | 12 | | a statement of interest in the property that is being | 13 | | so taken, and, if possible, a statement in writing, | 14 | | signed by the owner, setting forth the sum that he or | 15 | | she is willing to accept as just compensation for the | 16 | | property or use. Whether or not the owner or agent is | 17 | | known or readily ascertainable, a true copy of the | 18 | | statement shall promptly be filed by the Governor or | 19 | | the person with the Director, who shall keep the | 20 | | docket of the statements. In cases where the sum that | 21 | | the owner is willing to accept as just compensation is | 22 | | less than $1,000, copies of the statements shall also | 23 | | be filed by the Director with, and shall be passed upon | 24 | | by an Emergency Management Claims Commission, | 25 | | consisting of 3 disinterested citizens who shall be | 26 | | appointed by the Governor, by and with the advice and |
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| 1 | | consent of the Senate, within 20 days after the | 2 | | Governor's declaration of a disaster, and if the sum | 3 | | fixed by them as just compensation be less than $1,000 | 4 | | and is accepted in writing by the owner, then the State | 5 | | Treasurer out of funds appropriated for these | 6 | | purposes, shall, upon certification thereof by the | 7 | | Emergency Management Claims Commission, cause the sum | 8 | | so certified forthwith to be paid to the owner. The | 9 | | Emergency Management Claims Commission is hereby given | 10 | | the power to issue appropriate subpoenas and to | 11 | | administer oaths to witnesses and shall keep | 12 | | appropriate minutes and other records of its actions | 13 | | upon and the disposition made of all claims. | 14 | | b. When the compensation to be paid for the taking | 15 | | or use of property or interest therein is not or cannot | 16 | | be determined and paid under item a of this paragraph | 17 | | (4), a petition in the name of The People of the State | 18 | | of Illinois shall be promptly filed by the Director, | 19 | | which filing may be enforced by mandamus, in the | 20 | | circuit court of the county where the property or any | 21 | | part thereof was located when initially taken or used | 22 | | under the provisions of this Act praying that the | 23 | | amount of compensation to be paid to the person or | 24 | | persons interested therein be fixed and determined. | 25 | | The petition shall include a description of the | 26 | | property that has been taken, shall state the physical |
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| 1 | | condition of the property when taken, shall name as | 2 | | defendants all interested parties, shall set forth the | 3 | | sum of money estimated to be just compensation for the | 4 | | property or interest therein taken or used, and shall | 5 | | be signed by the Director. The litigation shall be | 6 | | handled by the Attorney General for and on behalf of | 7 | | the State. | 8 | | c. Just compensation for the taking or use of | 9 | | property or interest therein shall be promptly | 10 | | ascertained in proceedings and established by judgment | 11 | | against the State, that shall include, as part of the | 12 | | just compensation so awarded, interest at the rate of | 13 | | 6% per annum on the fair market value of the property | 14 | | or interest therein from the date of the taking or use | 15 | | to the date of the judgment; and the court may order | 16 | | the payment of delinquent taxes and special | 17 | | assessments out of the amount so awarded as just | 18 | | compensation and may make any other orders with | 19 | | respect to encumbrances, rents, insurance, and other | 20 | | charges, if any, as shall be just and equitable. | 21 | | (5) When required by the exigencies of the disaster, | 22 | | to sell, lend, rent, give, or distribute all or any part of | 23 | | property so or otherwise acquired to the inhabitants of | 24 | | this State, or to political subdivisions of this State, | 25 | | or, under the interstate mutual aid agreements or compacts | 26 | | as are entered into under the provisions of subparagraph |
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| 1 | | (5) of paragraph (c) of Section 6 to other states, and to | 2 | | account for and transmit to the State Treasurer all funds, | 3 | | if any, received therefor. | 4 | | (6) To recommend the evacuation of all or part of the | 5 | | population from any stricken or threatened area within the | 6 | | State if the Governor deems this action necessary. | 7 | | (7) To prescribe routes, modes of transportation, and | 8 | | destinations in connection with evacuation. | 9 | | (8) To control ingress and egress to and from a | 10 | | disaster area, the movement of persons within the area, | 11 | | and the occupancy of premises therein. | 12 | | (9) To suspend or limit the sale, dispensing, or | 13 | | transportation of alcoholic beverages, firearms, | 14 | | explosives, and combustibles. | 15 | | (10) To make provision for the availability and use of | 16 | | temporary emergency housing. | 17 | | (11) A proclamation of a disaster shall activate the | 18 | | State Emergency Operations Plan, and political subdivision | 19 | | emergency operations plans applicable to the political | 20 | | subdivision or area in question and be authority for the | 21 | | deployment and use of any forces that the plan or plans | 22 | | apply and for use or distribution of any supplies, | 23 | | equipment, and materials and facilities assembled, | 24 | | stockpiled or arranged to be made available under this Act | 25 | | or any other provision of law relating to disasters. | 26 | | (12) Control, restrict, and regulate by rationing, |
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| 1 | | freezing, use of quotas, prohibitions on shipments, price | 2 | | fixing, allocation or other means, the use, sale or | 3 | | distribution of food, feed, fuel, clothing and other | 4 | | commodities, materials, goods, or services; and perform | 5 | | and exercise any other functions, powers, and duties as | 6 | | may be necessary to promote and secure the safety and | 7 | | protection of the civilian population. | 8 | | (13) During the continuance of any disaster the | 9 | | Governor is commander-in-chief of the organized and | 10 | | unorganized militia and of all other forces available for | 11 | | emergency duty. To the greatest extent practicable, the | 12 | | Governor shall delegate or assign authority to the | 13 | | Director to manage, coordinate, and direct all resources | 14 | | by orders issued at the time of the disaster. | 15 | | (14) Prohibit increases in the prices of goods and | 16 | | services during a disaster. | 17 | | (Source: P.A. 102-485, eff. 8-20-21.) | 18 | | (20 ILCS 3305/8) (from Ch. 127, par. 1058) | 19 | | Sec. 8. Mobile Support Teams. | 20 | | (a) The Governor or Director may cause to be created | 21 | | Mobile Support Teams to aid and to reinforce the Illinois | 22 | | Emergency Management Agency, and emergency services and | 23 | | disaster agencies in areas stricken by disaster. Each mobile | 24 | | support team shall have a leader, selected by the Director who | 25 | | will be responsible, under the direction and control of the |
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| 1 | | Director, for the organization, administration, and training, | 2 | | and operation of the mobile support team. | 3 | | (b) Personnel of a mobile support team while on duty | 4 | | pursuant to such a call or while engaged in regularly | 5 | | scheduled training or exercises, whether within or without the | 6 | | State, shall either: | 7 | | (1) If they are paid employees of the State, have the | 8 | | powers, duties, rights, privileges and immunities and | 9 | | receive the compensation incidental to their employment. | 10 | | (2) If they are paid employees of a political | 11 | | subdivision or body politic of this State, and whether | 12 | | serving within or without that political subdivision or | 13 | | body politic, have the powers, duties, rights, privileges | 14 | | and immunities, and receive the compensation incidental to | 15 | | their employment. | 16 | | (3) If they are not employees of the State, political | 17 | | subdivision or body politic, or being such employees, are | 18 | | not normally paid for their services, be entitled to at | 19 | | least one dollar per year compensation from the State. | 20 | | Personnel of a mobile support team who suffer disease, | 21 | | injury or death arising out of or in the course of emergency | 22 | | duty, shall for the purposes of benefits under the Workers' | 23 | | Compensation Act or Workers' Occupational Diseases Act only, | 24 | | be deemed to be employees of this State. If the person | 25 | | diseased, injured or killed is an employee described in item | 26 | | (3) above, the computation of benefits payable under either of |
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| 1 | | those Acts shall be based on income commensurate with | 2 | | comparable State employees doing the same type of work or | 3 | | income from the person's regular employment, whichever is | 4 | | greater. | 5 | | All personnel of mobile support teams shall, while on duty | 6 | | under such call, be reimbursed by this State for all actual and | 7 | | necessary travel and subsistence expenses. | 8 | | (c) The State shall reimburse each political subdivision | 9 | | or body politic from the Disaster Response and Recovery Fund | 10 | | for the compensation paid and the actual and necessary travel, | 11 | | subsistence and maintenance expenses of paid employees of the | 12 | | political subdivision or body politic while serving, outside | 13 | | of its geographic geographical boundaries pursuant to such a | 14 | | call, as members of a mobile support team, and for all payments | 15 | | made for death, disease or injury of those paid employees | 16 | | arising out of and incurred in the course of that duty, and for | 17 | | all losses of or damage to supplies and equipment of the | 18 | | political subdivision or body politic resulting from the | 19 | | operations. | 20 | | (d) Whenever mobile support teams or units of another | 21 | | state, while the Governor has the emergency powers provided | 22 | | for under Section 7 of this Act, render aid to this State under | 23 | | the orders of the Governor of its home state and upon the | 24 | | request of the Governor of this State, all questions relating | 25 | | to reimbursement by this State to the other state and its | 26 | | citizens in regard to the assistance so rendered shall be |
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| 1 | | determined by the mutual aid agreements or interstate compacts | 2 | | described in subparagraph (5) of paragraph (c) of Section 6 as | 3 | | are existing at the time of the assistance rendered or are | 4 | | entered into thereafter and under Section 303 (d) of the | 5 | | Federal Civil Defense Act of 1950. | 6 | | (e) No personnel of mobile support teams of this State may | 7 | | be ordered by the Governor to operate in any other state unless | 8 | | a request for the same has been made by the Governor or duly | 9 | | authorized representative of the other state. | 10 | | (Source: P.A. 98-465, eff. 8-16-13.) | 11 | | (20 ILCS 3305/10) (from Ch. 127, par. 1060) | 12 | | Sec. 10. Emergency Services and Disaster Agencies. | 13 | | (a) Each political subdivision within this State shall be | 14 | | within the jurisdiction of and served by the Illinois | 15 | | Emergency Management Agency and by an emergency services and | 16 | | disaster agency responsible for emergency management programs. | 17 | | A township, if the township is in a county having a population | 18 | | of more than 2,000,000, must have approval of the county | 19 | | coordinator before establishment of a township emergency | 20 | | services and disaster agency. | 21 | | (b) Unless multiple county emergency services and disaster | 22 | | agency consolidation is authorized by the Illinois Emergency | 23 | | Management Agency with the consent of the respective counties, | 24 | | each county shall maintain an emergency services and disaster | 25 | | agency that has jurisdiction over and serves the entire |
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| 1 | | county, except as otherwise provided under this Act and except | 2 | | that in any county with a population of over 3,000,000 | 3 | | containing a municipality with a population of over 500,000 | 4 | | the jurisdiction of the county agency shall not extend to the | 5 | | municipality when the municipality has established its own | 6 | | agency. | 7 | | (c) Each municipality with a population of over 500,000 | 8 | | shall maintain an emergency services and disaster agency which | 9 | | has jurisdiction over and serves the entire municipality. A | 10 | | municipality with a population less than 500,000 may | 11 | | establish, by ordinance, an agency or department responsible | 12 | | for emergency management within the municipality's corporate | 13 | | limits. | 14 | | (d) The Governor shall determine which municipal | 15 | | corporations, other than those specified in paragraph (c) of | 16 | | this Section, need emergency services and disaster agencies of | 17 | | their own and require that they be established and maintained. | 18 | | The Governor shall make these determinations on the basis of | 19 | | the municipality's disaster vulnerability and capability of | 20 | | response related to population size and concentration. The | 21 | | emergency services and disaster agency of a county or | 22 | | township, shall not have a jurisdiction within a political | 23 | | subdivision having its own emergency services and disaster | 24 | | agency, but shall cooperate with the emergency services and | 25 | | disaster agency of a city, village or incorporated town within | 26 | | their borders. The Illinois Emergency Management Agency shall |
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| 1 | | publish and furnish a current list to the municipalities | 2 | | required to have an emergency services and disaster agency | 3 | | under this subsection. | 4 | | (e) Each municipality that is not required to and does not | 5 | | have an emergency services and disaster agency shall have a | 6 | | liaison officer designated to facilitate the cooperation and | 7 | | protection of that municipal corporation with the county | 8 | | emergency services and disaster agency in which it is located | 9 | | in the work of disaster mitigation, preparedness, response, | 10 | | and recovery. | 11 | | (f) The principal executive officer or his or her designee | 12 | | of each political subdivision in the State shall annually | 13 | | notify the Illinois Emergency Management Agency of the manner | 14 | | in which the political subdivision is providing or securing | 15 | | emergency management, identify the executive head of the | 16 | | agency or the department from which the service is obtained, | 17 | | or the liaison officer in accordance with subsection (e), | 18 | | paragraph (d) of this Section and furnish additional | 19 | | information relating thereto as the Illinois Emergency | 20 | | Management Agency requires. | 21 | | (g) Each emergency services and disaster agency shall | 22 | | prepare an emergency operations plan for its geographic | 23 | | boundaries that complies with planning, review, and approval | 24 | | standards promulgated by the Illinois Emergency Management | 25 | | Agency. The Illinois Emergency Management Agency shall | 26 | | determine which jurisdictions will be required to include |
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| 1 | | earthquake preparedness in their local emergency operations | 2 | | plans. | 3 | | (h) The emergency services and disaster agency shall | 4 | | prepare and distribute to all appropriate officials in written | 5 | | form a clear and complete statement of the emergency | 6 | | responsibilities of all local departments and officials and of | 7 | | the disaster chain of command. | 8 | | (i) Each emergency services and disaster agency shall have | 9 | | a Coordinator who shall be appointed by the principal | 10 | | executive officer of the political subdivision in the same | 11 | | manner as are the heads of regular governmental departments. | 12 | | If the political subdivision is a county and the principal | 13 | | executive officer appoints the sheriff as the Coordinator, the | 14 | | sheriff may , in addition to his or her regular compensation, | 15 | | receive compensation at the same level as provided in Article | 16 | | 3 of the Counties Code Section 3 of "An Act in relation to the | 17 | | regulation of motor vehicle traffic and the promotion of | 18 | | safety on public highways in counties", approved August 9, | 19 | | 1951, as amended . The Coordinator shall have direct | 20 | | responsibility for the organization, administration, training, | 21 | | and operation of the emergency services and disaster agency, | 22 | | subject to the direction and control of that principal | 23 | | executive officer. Each emergency services and disaster agency | 24 | | shall coordinate and may perform emergency management | 25 | | functions within the territorial limits of the political | 26 | | subdivision within which it is organized as are prescribed in |
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| 1 | | and by the State Emergency Operations Plan, and programs, | 2 | | orders, rules and regulations as may be promulgated by the | 3 | | Illinois Emergency Management Agency and by local ordinance | 4 | | and, in addition, shall conduct such functions outside of | 5 | | those territorial limits as may be required under mutual aid | 6 | | agreements and compacts as are entered into under subparagraph | 7 | | (5) of paragraph (c) of Section 6. | 8 | | (j) In carrying out the provisions of this Act, each | 9 | | political subdivision may enter into contracts and incur | 10 | | obligations necessary to place it in a position effectively to | 11 | | combat the disasters as are described in Section 4, to protect | 12 | | the health and safety of persons, to protect property, and to | 13 | | provide emergency assistance to victims of those disasters. If | 14 | | a disaster occurs, each political subdivision may exercise the | 15 | | powers vested under this Section in the light of the | 16 | | exigencies of the disaster and, excepting mandatory | 17 | | constitutional requirements, without regard to the procedures | 18 | | and formalities normally prescribed by law pertaining to the | 19 | | performance of public work, entering into contracts, the | 20 | | incurring of obligations, the employment of temporary workers, | 21 | | the rental of equipment, the purchase of supplies and | 22 | | materials, and the appropriation, expenditure, and disposition | 23 | | of public funds and property. | 24 | | (k) Volunteers who, while engaged in a disaster, an | 25 | | exercise, training related to the emergency operations plan of | 26 | | the political subdivision, or a search-and-rescue team |
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| 1 | | response to an occurrence or threat of injury or loss of life | 2 | | that is beyond local response capabilities, suffer disease, | 3 | | injury or death, shall, for the purposes of benefits under the | 4 | | Workers' Compensation Act or Workers' Occupational Diseases | 5 | | Act only, be deemed to be employees of the State, if: (1) the | 6 | | claimant is a duly qualified and enrolled (sworn in) as a | 7 | | volunteer of the Illinois Emergency Management Agency or an | 8 | | emergency services and disaster agency accredited by the | 9 | | Illinois Emergency Management Agency, and (2) if: (i) the | 10 | | claimant was participating in a disaster as defined in Section | 11 | | 4 of this Act, (ii) the exercise or training participated in | 12 | | was specifically and expressly approved by the Illinois | 13 | | Emergency Management Agency prior to the exercise or training, | 14 | | or (iii) the search-and-rescue team response was to an | 15 | | occurrence or threat of injury or loss of life that was beyond | 16 | | local response capabilities and was specifically and expressly | 17 | | approved by the Illinois Emergency Management Agency prior to | 18 | | the search-and-rescue team response. The computation of | 19 | | benefits payable under either of those Acts shall be based on | 20 | | the income commensurate with comparable State employees doing | 21 | | the same type work or income from the person's regular | 22 | | employment, whichever is greater. | 23 | | Volunteers who are working under the direction of an | 24 | | emergency services and disaster agency accredited by the | 25 | | Illinois Emergency Management Agency, pursuant to a plan | 26 | | approved by the Illinois Emergency Management Agency (i) |
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| 1 | | during a disaster declared by the Governor under Section 7 of | 2 | | this Act, or (ii) in circumstances otherwise expressly | 3 | | approved by the Illinois Emergency Management Agency, shall be | 4 | | deemed exclusively employees of the State for purposes of | 5 | | Section 8(d) of the Court of Claims Act, provided that the | 6 | | Illinois Emergency Management Agency may, in coordination with | 7 | | the emergency services and disaster agency, audit | 8 | | implementation for compliance with the plan. | 9 | | (l) If any person who is entitled to receive benefits | 10 | | through the application of this Section receives, in | 11 | | connection with the disease, injury or death giving rise to | 12 | | such entitlement, benefits under an Act of Congress or federal | 13 | | program, benefits payable under this Section shall be reduced | 14 | | to the extent of the benefits received under that other Act or | 15 | | program. | 16 | | (m) (1) Prior to conducting an exercise, the principal | 17 | | executive officer of a political subdivision or his or her | 18 | | designee shall provide area media with written | 19 | | notification of the exercise. The notification shall | 20 | | indicate that information relating to the exercise shall | 21 | | not be released to the public until the commencement of | 22 | | the exercise. The notification shall also contain a | 23 | | request that the notice be so posted to ensure that all | 24 | | relevant media personnel are advised of the exercise | 25 | | before it begins. | 26 | | (2) During the conduct of an exercise, all messages, |
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| 1 | | two-way radio communications, briefings, status reports, | 2 | | news releases, and other oral or written communications | 3 | | shall begin and end with the following statement: "This is | 4 | | an exercise message". | 5 | | (Source: P.A. 94-733, eff. 4-27-06.) | 6 | | (20 ILCS 3305/12) (from Ch. 127, par. 1062) | 7 | | Sec. 12. Testing of Disaster Warning Devices. The testing | 8 | | of disaster warning devices including outdoor warning sirens | 9 | | shall be held only on the first Tuesday of each month at 10 | 10 | | o'clock in the morning or during exercises that are | 11 | | specifically and expressly approved in advance by the Illinois | 12 | | Emergency Management Agency. | 13 | | (Source: P.A. 92-73, eff. 1-1-02.) | 14 | | (20 ILCS 3305/14) (from Ch. 127, par. 1064) | 15 | | Sec. 14. Communications. The Illinois Emergency Management | 16 | | Agency shall ascertain what means exist for rapid and | 17 | | efficient communications in times of disaster. The Illinois | 18 | | Emergency Management Agency shall consider the desirability of | 19 | | supplementing these communications resources or of integrating | 20 | | them into a comprehensive State or State-Federal | 21 | | telecommunications or other communications system or network. | 22 | | In studying the character and feasibility of any system or its | 23 | | several parts, the Illinois Emergency Management Agency shall | 24 | | evaluate the possibility of multipurpose use thereof for |
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| 1 | | general State and political subdivision purposes. The Illinois | 2 | | Emergency Management Agency may promulgate rules to establish | 3 | | policies and procedures relating to telecommunications and the | 4 | | continuation of rapid and efficient communications in times of | 5 | | disaster to the extent authorized by any provision of this Act | 6 | | or other laws and regulations. The Illinois Emergency | 7 | | Management Agency shall make recommendations to the Governor | 8 | | as appropriate. | 9 | | (Source: P.A. 86-755; 87-168.) | 10 | | (20 ILCS 3305/18) (from Ch. 127, par. 1068) | 11 | | Sec. 18. Orders, Rules and Regulations. | 12 | | (a) The Governor shall file a copy of every rule, | 13 | | regulation or order, and any amendment thereof made by the | 14 | | Governor under the provisions of this Act in the office of the | 15 | | Secretary of State. Upon No rule, regulation or order, or any | 16 | | amendment thereof shall be effective until 10 days after the | 17 | | filing, provided, however, that upon the declaration of a | 18 | | disaster by the Governor as is described in Section 7 the | 19 | | provision relating to the effective date of any rule, | 20 | | regulation, order or amendment issued under this Act and | 21 | | during the state of disaster is abrogated, and the rule, | 22 | | regulation, order or amendment shall become effective | 23 | | immediately upon being filed with the Secretary of State | 24 | | accompanied by a certificate stating the reason as required by | 25 | | the Illinois Administrative Procedure Act. |
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| 1 | | (b) Every emergency services and disaster agency | 2 | | established pursuant to this Act and the coordinators thereof | 3 | | shall execute and enforce the orders, rules and regulations as | 4 | | may be made by the Governor under authority of this Act. Each | 5 | | emergency services and disaster agency shall have available | 6 | | for inspection at its office all orders, rules and regulations | 7 | | made by the Governor, or under the Governor's authority. The | 8 | | Illinois Emergency Management Agency shall publish furnish on | 9 | | the Agency's Department's website the orders, rules and | 10 | | regulations to each such emergency services and disaster | 11 | | agency . Upon the written request of an emergency services and | 12 | | or disaster agency, copies thereof shall be mailed to the | 13 | | emergency services and or disaster agency. | 14 | | (Source: P.A. 98-44, eff. 6-28-13.) | 15 | | (20 ILCS 3305/20) (from Ch. 127, par. 1070) | 16 | | Sec. 20. Oath Emergency Management Agency; personnel; | 17 | | oath . Each person, whether compensated or noncompensated, who | 18 | | is appointed to serve in any capacity in the Illinois | 19 | | Emergency Management Agency and Office of Homeland Security or | 20 | | an emergency services and disaster agency, shall, before | 21 | | entering upon his or her duties, take an oath, in writing, | 22 | | before the Director or before the coordinator of that | 23 | | emergency services and disaster agency or before other persons | 24 | | authorized to administer oaths in this State, which oath shall | 25 | | be filed with the Director or with the coordinator of the |
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| 1 | | emergency services and disaster agency with which he or she | 2 | | shall serve and which oath shall be substantially as follows: | 3 | | "I, _______________, do solemnly swear (or affirm) that I | 4 | | will support and defend and bear true faith and allegiance to | 5 | | the Constitution of the United States and the Constitution of | 6 | | the State of Illinois, and the territory, institutions and | 7 | | facilities thereof, both public and private, against all | 8 | | enemies, foreign and domestic; that I take this obligation | 9 | | freely, without any mental reservation or purpose of evasion; | 10 | | and that I will well and faithfully discharge the duties upon | 11 | | which I am about to enter. And I do further swear (or affirm) | 12 | | that I do not advocate, nor am I, nor have I been a member of | 13 | | any political party or organization that advocates the | 14 | | overthrow of the government of the United States or of this | 15 | | State by force or violence; and that during such time as I am | 16 | | affiliated with the (name of political subdivision), I will | 17 | | not advocate nor become a member of any political party or | 18 | | organization that advocates the overthrow of the government of | 19 | | the United States or of this State by force or violence." | 20 | | (Source: P.A. 92-73, eff. 1-1-02.) | 21 | | (20 ILCS 3305/23) | 22 | | (Section scheduled to be repealed on January 1, 2032) | 23 | | Sec. 23. Access and Functional Needs Advisory Committee. | 24 | | (a) In this Section, "Advisory Committee" means the Access | 25 | | and Functional Needs Advisory Committee. |
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| 1 | | (b) The Access and Functional Needs Advisory Committee is | 2 | | created. | 3 | | (c) The Advisory Committee shall: | 4 | | (1) Coordinate meetings occurring, at a minimum, 3 | 5 | | times each year, in addition to emergency meetings called | 6 | | by the chairperson of the Advisory Committee. | 7 | | (2) Research and provide recommendations for | 8 | | identifying and effectively responding to the needs of | 9 | | persons with access and functional needs before, during, | 10 | | and after a disaster using an intersectional lens for | 11 | | equity. | 12 | | (3) Provide recommendations to the Illinois Emergency | 13 | | Management Agency regarding how to ensure that persons | 14 | | with a disability are included in disaster strategies and | 15 | | emergency management plans, including updates and | 16 | | implementation of disaster strategies and emergency | 17 | | management plans. | 18 | | (4) Review and provide recommendations for the | 19 | | Illinois Emergency Management Agency, and all relevant | 20 | | State agencies that are involved in drafting and | 21 | | implementing the Illinois Emergency Operation Plan, to | 22 | | integrate access and functional needs into State and local | 23 | | emergency plans. | 24 | | (d) The Advisory Committee shall be composed of the | 25 | | Director of the Illinois Emergency Management Agency or his or | 26 | | her designee, the Attorney General or his or her designee, the |
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| 1 | | Secretary of Human Services or his or her designee, the | 2 | | Director of Aging or his or her designee, and the Director of | 3 | | Public Health or his or her designee, together with the | 4 | | following members appointed by the Governor on or before | 5 | | January 1, 2022: | 6 | | (1) Two members, either from a municipal or | 7 | | county-level emergency agency or a local emergency | 8 | | management coordinator. | 9 | | (2) Nine members from the community of persons with a | 10 | | disability who represent persons with different types of | 11 | | disabilities, including, but not limited to, individuals | 12 | | with mobility and physical disabilities, hearing and | 13 | | visual disabilities, deafness or who are hard of hearing, | 14 | | blindness or who have low vision, mental health | 15 | | disabilities, and intellectual or developmental | 16 | | disabilities. Members appointed under this paragraph shall | 17 | | reflect a diversity of age, gender, race, and ethnic | 18 | | background. | 19 | | (3) Four members who represent first responders from | 20 | | different geographic geographical regions around the | 21 | | State. | 22 | | (e) Of those members appointed by the Governor, the | 23 | | initial appointments of 6 members shall be for terms of 2 years | 24 | | and the initial appointments of 5 members shall be for terms of | 25 | | 4 years. Thereafter, members shall be appointed for terms of 4 | 26 | | years. A member shall serve until his or her successor is |
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| 1 | | appointed and qualified. If a vacancy occurs in the Advisory | 2 | | Committee membership, the vacancy shall be filled in the same | 3 | | manner as the original appointment for the remainder of the | 4 | | unexpired term. | 5 | | (f) After all the members are appointed, and annually | 6 | | thereafter, they shall elect a chairperson from among the | 7 | | members appointed under paragraph (2) of subsection (d). | 8 | | (g) The initial meeting of the Advisory Committee shall be | 9 | | convened by the Director of the Illinois Emergency Management | 10 | | Agency no later than February 1, 2022. | 11 | | (h) Advisory Committee members shall serve without | 12 | | compensation. | 13 | | (i) The Illinois Emergency Management Agency shall provide | 14 | | administrative support to the Advisory Committee. | 15 | | (j) The Advisory Committee shall prepare and deliver a | 16 | | report to the General Assembly, the Governor's Office, and the | 17 | | Illinois Emergency Management Agency by July 1, 2022, and | 18 | | annually thereafter. The report shall include the following: | 19 | | (1) Identification of core emergency management | 20 | | services that need to be updated or changed to ensure the | 21 | | needs of persons with a disability are met, and shall | 22 | | include disaster strategies in State and local emergency | 23 | | plans. | 24 | | (2) Any proposed changes in State policies, laws, | 25 | | rules, or regulations necessary to fulfill the purposes of | 26 | | this Act. |
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| 1 | | (3) Recommendations on improving the accessibility and | 2 | | effectiveness of disaster and emergency communication. | 3 | | (4) Recommendations on comprehensive training for | 4 | | first responders and other frontline workers when working | 5 | | with persons with a disability during emergency situations | 6 | | or disasters, as defined in Section 4 of the Illinois | 7 | | Emergency Management Agency Act . | 8 | | (5) Any additional recommendations regarding emergency | 9 | | management and persons with a disability that the Advisory | 10 | | Committee deems necessary. | 11 | | (k) The annual report prepared and delivered under | 12 | | subsection (j) shall be annually considered by the Illinois | 13 | | Emergency Management Agency when developing new State and | 14 | | local emergency plans or updating existing State and local | 15 | | emergency plans. | 16 | | (l) The Advisory Committee is dissolved and this Section | 17 | | is repealed on January 1, 2032. | 18 | | (Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21; | 19 | | 103-154, eff. 6-30-23.) | 20 | | (20 ILCS 3305/24 new) | 21 | | Sec. 24. Illinois Homeland Security Advisory Council | 22 | | (IL-HSAC). | 23 | | (a) The Illinois Homeland Security Advisory Council | 24 | | (IL-HSAC) is hereby created. | 25 | | (b) The IL-HSAC shall report directly to the Homeland |
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| 1 | | Security Advisor, who shall serve as the Chairperson. | 2 | | (c) The Deputy Homeland Security Advisor shall serve as | 3 | | Vice-Chair. | 4 | | (d) The Homeland Security Advisor may appoint a Chair Pro | 5 | | Tempore to oversee the daily operations and administrative | 6 | | responsibilities of the IL-HSAC. | 7 | | (e) The Homeland Security Advisor shall, with approval of | 8 | | the Governor, modify the structure of the IL-HSAC as | 9 | | appropriate and consistent with this Section. | 10 | | (f) The IL-HSAC shall submit an annual report to the | 11 | | Governor by March 1 of each year. The report shall detail the | 12 | | activities, accomplishments, and recommendations of the | 13 | | IL-HSAC in the preceding year. | 14 | | (g) The Agency shall provide administrative support for | 15 | | the IL-HSAC. | 16 | | (h) Entities may be appointed to IL-HSAC with nomination | 17 | | by the Homeland Security Advisor and approval by the Governor. | 18 | | (i) The IL-HSAC shall have the following powers and | 19 | | duties: | 20 | | (1) The IL-HSAC shall serve as the State Advisory | 21 | | Committee with respect to funds received through the | 22 | | federal Homeland Security Grant Program. In that capacity, | 23 | | the IL-HSAC shall provide recommendations to the Homeland | 24 | | Security Advisor on issues related to the application for | 25 | | and use of all appropriate federal funding that relates to | 26 | | preventing, protecting against, mitigating, responding to |
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| 1 | | and recovering from acts of terrorism and other threats. | 2 | | (2) The IL-HSAC shall provide recommendations to the | 3 | | Homeland Security Advisor on the following: | 4 | | (A) appropriate training of local, regional, and | 5 | | state officials to respond to terrorist incidents | 6 | | involving conventional, chemical, biological and | 7 | | nuclear weapons; | 8 | | (B) applications for and use of all appropriate | 9 | | State and other funds as may be appropriate and | 10 | | available relating to homeland security; | 11 | | (C) public safety preparedness and mutual aid to | 12 | | include strategies and tactics to coordinate | 13 | | multi-agency response to significant events, such as | 14 | | acts of terrorism or natural disasters, where | 15 | | coordination of local, State, and private resources is | 16 | | necessary; | 17 | | (D) coordination of public safety resources and | 18 | | combating terrorism in Illinois; and | 19 | | (E) any changes needed in State statutes, | 20 | | administrative rules, or in the Illinois Emergency | 21 | | Operations Plan. | 22 | | (20 ILCS 3305/25 new) | 23 | | Sec. 25. Statewide Interoperability Coordinator. | 24 | | (a) The Statewide Interoperability Coordinator is hereby | 25 | | created as a position within the Agency's Office of Homeland |
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| 1 | | Security. | 2 | | (b) The duties and responsibilities of the Statewide | 3 | | Interoperability Coordinator shall be as follows: | 4 | | (1) The Statewide Interoperability Coordinator shall | 5 | | serve as the central coordination point for the State's | 6 | | communications interoperability and shall assist with | 7 | | mediation between State and local agencies to achieve an | 8 | | interoperable communications system. | 9 | | (2) The Statewide Interoperability Coordinator shall | 10 | | develop and disseminate best practices for public safety | 11 | | communications interoperability. | 12 | | (3) The Statewide Interoperability Coordinator shall | 13 | | advise the Homeland Security Advisor and Deputy Director | 14 | | of the Agency's Office of Homeland Security on public | 15 | | safety communications interoperability. | 16 | | (4) The Statewide Interoperability Coordinator shall | 17 | | serve as a member of the Statewide Interoperability | 18 | | Executive Committee or its successor entity and may act on | 19 | | behalf of the Statewide Interoperability Executive | 20 | | Committee. | 21 | | (5) The Statewide Interoperability Coordinator shall | 22 | | recommend regulatory changes relating to public safety | 23 | | communications and interoperability activities in | 24 | | partnership with 9-1-1 administrator, operators of | 25 | | statewide radio systems, emergency management | 26 | | coordinators, and relevant State agencies | | | . |
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| 1 | | (6) The Statewide Interoperability Coordinator shall | 2 | | identify funding opportunities for planned | 3 | | interoperability improvements and coordinate efforts to | 4 | | provide funding. | 5 | | (7) The Statewide Interoperability Coordinator shall | 6 | | advise on the issuance of grants related to public safety | 7 | | and for interoperability communication. | 8 | | (8) The Statewide Interoperability Coordinator shall | 9 | | engage stakeholders to coordinate the Statewide | 10 | | Communications Interoperability Plan. | 11 | | (9) The Statewide Interoperability Coordinator shall | 12 | | represent the State in national, regional, and local | 13 | | efforts to plan and implement changes needed to achieve | 14 | | interoperability and continuity of communications for | 15 | | emergency responders. | 16 | | (10) The Statewide Interoperability Coordinator shall | 17 | | develop and implement the strategic program for all public | 18 | | safety communications and interoperability activities in | 19 | | partnership with 9-1-1 administrators, operators of | 20 | | statewide radio systems, emergency management | 21 | | coordinators, and the State Administrative Agency. ". |
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