Illinois General Assembly - Full Text of SB3240
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Full Text of SB3240  103rd General Assembly

SB3240sam001 103RD GENERAL ASSEMBLY

Sen. Mike Porfirio

Filed: 3/5/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3240

2    AMENDMENT NO. ______. Amend Senate Bill 3240 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Civil Administrative Code of Illinois is
5amended by changing Sections 5-15, 5-20, and 5-160 and by
6adding 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
9Departments 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
2Homeland 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
21have an officer as its head who shall be known as director or
22secretary and who shall, subject to the provisions of the
23Civil Administrative Code of Illinois, execute the powers and
24discharge the duties vested by law in his or her respective
25department.

 

 

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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
4Agriculture.
5    Director of Central Management Services, for the
6Department of Central Management Services.
7    Director of Children and Family Services, for the
8Department of Children and Family Services.
9    Director of Commerce and Economic Opportunity, for the
10Department of Commerce and Economic Opportunity.
11    Director of Corrections, for the Department of
12Corrections.
13    Director of the Illinois Emergency Management Agency and
14Office of Homeland Security, for the Illinois Emergency
15Management Agency and Office of Homeland Security.
16    Director of Employment Security, for the Department of
17Employment Security.
18    Secretary of Financial and Professional Regulation, for
19the Department of Financial and Professional Regulation.
20    Director of Healthcare and Family Services, for the
21Department of Healthcare and Family Services.
22    Director of Human Rights, for the Department of Human
23Rights.
24    Secretary of Human Services, for the Department of Human
25Services.
26    Secretary of Innovation and Technology, for the Department

 

 

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1of Innovation and Technology.
2    Director of Insurance, for the Department of Insurance.
3    Director of Juvenile Justice, for the Department of
4Juvenile Justice.
5    Director of Labor, for the Department of Labor.
6    Director of the Lottery, for the Department of the
7Lottery.
8    Director of Natural Resources, for the Department of
9Natural Resources.
10    Director of Public Health, for the Department of Public
11Health.
12    Director of Revenue, for the Department of Revenue.
13    Director of the Illinois State Police, for the Illinois
14State Police.
15    Secretary of Transportation, for the Department of
16Transportation.
17    Director of Veterans' Affairs, for the Department of
18Veterans' 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 Illinois Emergency Management Agency
22and Office of Homeland Security. Assistant Director of the
23Emergency 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 Illinois Emergency Management Agency
3and Office of Homeland Security. For terms beginning on or
4after January 16, 2023, the Director shall receive an annual
5salary of $180,000 or as set by the Governor, whichever is
6higher. On July 1, 2023, and on each July 1 thereafter, the
7Director shall receive an increase in salary based on a cost of
8living adjustment as authorized by Senate Joint Resolution 192
9of the 86th General Assembly.
10    For terms beginning on or after January 16, 2023, the
11Assistant Director of the Illinois Emergency Management Agency
12shall receive an annual salary of $156,600 or as set by the
13Governor, whichever is higher. On July 1, 2023, and on each
14July 1 thereafter, the Assistant Director shall receive an
15increase in salary based on a cost of living adjustment as
16authorized by Senate Joint Resolution 192 of the 86th General
17Assembly.
 
18    Section 10. The Illinois Emergency Management Agency Act
19is amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 10, 12,
2014, 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
23Illinois 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
4disasters of unprecedented size and destructiveness resulting
5from the explosion in this or in neighboring states of atomic
6or other means from without or by means of sabotage or other
7disloyal actions within, or from fire, flood, earthquake,
8telecommunications failure, or other natural or technological
9causes, and in order to insure that this State will be prepared
10to and will adequately deal with any disasters, preserve the
11lives and property of the people of this State and protect the
12public peace, health, and safety in the event of a disaster, it
13is 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
3and the policy of the State that all emergency management and
4homeland security programs of this State be coordinated to the
5maximum extent with the comparable programs of the federal
6government, including its various departments and agencies, of
7other states and localities and private agencies of every
8type, to the end that the most effective preparation and use
9may be made of the nation's resources and facilities for
10dealing 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
14context clearly indicates otherwise, the following words and
15terms have the meanings ascribed to them in this Section:
16    "Agency" or "IEMA-OHS" means the Illinois Emergency
17Management Agency and Office of Homeland Security.
18    "Coordinator" means the staff assistant to the principal
19executive officer of a political subdivision with the duty of
20coordinating the emergency management programs of that
21political subdivision.
22    "Cyber incident" means an event occurring on or conducted
23through a computer network that actually or imminently
24jeopardizes the integrity, confidentiality, or availability of
25computers, information or communications systems or networks,

 

 

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1physical or virtual infrastructure controlled by computers or
2information systems, or information resident thereon that
3affect or control infrastructure or communications networks
4utilized by the public. "Cyber incident" includes a
5vulnerability in information systems, system security
6procedures, internal controls, or implementations that could
7be exploited by a threat source that affect or control
8infrastructure or communications networks utilized by the
9public.
10    "Director" means the Director of the Illinois Emergency
11Management Agency and Office of Homeland Security.
12    "Disaster" means an occurrence or threat of widespread or
13severe damage, injury or loss of life or property resulting
14from any natural, technological, or human cause, including but
15not limited to fire, flood, earthquake, wind, storm, hazardous
16materials spill or other water contamination requiring
17emergency action to avert danger or damage, epidemic, air
18contamination, blight, extended periods of severe and
19inclement weather, drought, infestation, critical shortages of
20essential fuels and energy, explosion, riot, hostile military
21or paramilitary action, public health emergencies, cyber
22incidents, or acts of domestic terrorism.
23    "Emergency Management" means the efforts of the State and
24the political subdivisions to develop, plan, analyze, conduct,
25provide, implement and maintain programs for disaster
26mitigation, preparedness, response and recovery.

 

 

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1    "Emergency Services and Disaster Agency" means the agency
2by this name, by the name Emergency Management Agency, or by
3any other name that is established by ordinance within a
4political subdivision to coordinate the emergency management
5program within that political subdivision and with private
6organizations, other political subdivisions, the State and
7federal governments.
8    "Emergency Operations Plan" means the written plan of the
9State and political subdivisions describing the organization,
10mission, and functions of the government and supporting
11services for responding to and recovering from disasters and
12shall include plans that take into account the needs of those
13individuals with household pets and service animals following
14a major disaster or emergency.
15    "Emergency Services" means the coordination of functions
16by the State and its political subdivisions subdivision, other
17than functions for which military forces are primarily
18responsible, as may be necessary or proper to prevent,
19minimize, repair, and alleviate injury and damage resulting
20from any natural or technological causes. These functions
21include, without limitation, fire fighting services, police
22services, emergency aviation services, medical and health
23services, HazMat and technical rescue teams, rescue,
24engineering, warning services, communications, radiological,
25chemical and other special weapons defense, evacuation of
26persons from stricken or threatened areas, emergency assigned

 

 

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1functions of plant protection, temporary restoration of public
2utility services and other functions related to civilian
3protection, together with all other activities necessary or
4incidental to protecting life or property.
5    "Exercise" means an event or activity delivered through
6discussion or action to develop, assess, or validate
7capabilities to achieve planned objectives. a planned event
8realistically simulating a disaster, conducted for the purpose
9of evaluating the political subdivision's coordinated
10emergency management capabilities, including, but not limited
11to, testing the emergency operations plan.
12    "HazMat team" means a career or volunteer mobile support
13team that has been authorized by a unit of local government to
14respond to hazardous materials emergencies and that is
15primarily designed for emergency response to chemical or
16biological terrorism, radiological emergencies, hazardous
17material spills, releases, or fires, or other contamination
18events.
19    "Illinois Emergency Management Agency and Office of
20Homeland Security" or "Agency" means the agency established by
21this Act within the executive branch of State Government
22responsible for coordination of the overall emergency
23management and homeland security programs program of the State
24and with private organizations, political subdivisions, and
25the federal government. Illinois Emergency Management Agency
26and Office of Homeland Security also means the State Emergency

 

 

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1Response Commission responsible for the implementation of
2Title III of the Superfund Amendments and Reauthorization Act
3of 1986.
4    "Interoperable communications" means communications,
5including the exchange of voice data, and video on demand in
6real time, by emergency response providers and relevant State
7and local government agencies through a dedicated public
8safety network using information technology systems and radio
9communications systems.
10    "Mobile Support Team" means a group of individuals
11designated as a team by the Governor or Director to train prior
12to and to be dispatched, if the Governor or the Director so
13determines, to aid and reinforce the State and political
14subdivision emergency management efforts in response to a
15disaster.
16    "Municipality" means any city, village, and incorporated
17town.
18    "Political Subdivision" means any county, city, village,
19or incorporated town or township if the township is in a county
20having a population of more than 2,000,000.
21    "Principal Executive Officer" means chair of the county
22board, supervisor of a township if the township is in a county
23having a population of more than 2,000,000, mayor of a city or
24incorporated town, president of a village, or in their absence
25or disability, the interim successor as established under
26Section 7 of the Emergency Interim Executive Succession Act.

 

 

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1    "Public health emergency" means an occurrence or imminent
2threat 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
22local government members throughout the State that facilitates
23temporary assistance through its members in a particular
24public safety discipline, such as police, fire or emergency
25management, when an occurrence exceeds a member jurisdiction's
26capabilities.

 

 

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1    "Technical rescue team" means a career or volunteer mobile
2support team that has been authorized by a unit of local
3government to respond to building collapse, high angle rescue,
4and other specialized rescue emergencies and that is primarily
5designated 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
9Homeland Security.
10    (a) Establishment of the Illinois Emergency Management
11Agency and Office of Homeland Security. There is created
12within the executive branch of the State Government an
13Illinois Emergency Management Agency and Office of Homeland
14Security and a Director of the Illinois Emergency Management
15Agency and Office of Homeland Security, herein called the
16"Director" who shall be the head of the Agency thereof. The
17Director shall be appointed by the Governor, with the advice
18and consent of the Senate, and shall serve for a term of 2
19years beginning on the third Monday in January of the
20odd-numbered year, and until a successor is appointed and has
21qualified; except that the term of the first Director
22appointed under this Act shall expire on the third Monday in
23January, 1989. The Director shall not hold any other
24remunerative public office. For terms beginning after January
2518, 2019 (the effective date of Public Act 100-1179) and

 

 

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1before January 16, 2023, the annual salary of the Director
2shall be as provided in Section 5-300 of the Civil
3Administrative Code of Illinois. Notwithstanding any other
4provision of law, for terms beginning on or after January 16,
52023, the Director shall receive an annual salary of $180,000
6or as set by the Governor, whichever is higher. On July 1,
72023, and on each July 1 thereafter, the Director shall
8receive an increase in salary based on a cost of living
9adjustment as authorized by Senate Joint Resolution 192 of the
1086th General Assembly.
11    For terms beginning on or after January 16, 2023, the
12Assistant Director of the Illinois Emergency Management Agency
13shall receive an annual salary of $156,600 or as set by the
14Governor, whichever is higher. On July 1, 2023, and on each
15July 1 thereafter, the Assistant Director shall receive an
16increase in salary based on a cost of living adjustment as
17authorized by Senate Joint Resolution 192 of the 86th General
18Assembly.
19    (b) Agency personnel. The Illinois Emergency Management
20Agency shall obtain, under the provisions of the Personnel
21Code, technical, clerical, stenographic and other
22administrative personnel, and may make expenditures within the
23appropriation therefor as may be necessary to carry out the
24purpose of this Act. The agency created by this Act is intended
25to be a successor to the agency created under the Illinois
26Emergency Services and Disaster Agency Act of 1975 and the

 

 

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1personnel, equipment, records, and appropriations of that
2agency are transferred to the successor agency as of June 30,
31988 (the effective date of this Act).
4    (c) Responsibilities of the Director. The Director,
5subject to the direction and control of the Governor, shall be
6the executive head of the Illinois Emergency Management Agency
7and the State Emergency Response Commission and shall be
8responsible under the direction of the Governor, for carrying
9out the programs program for emergency management, nuclear and
10radiation safety, and homeland security of this State. The
11Director shall also maintain liaison and cooperate with the
12emergency management, nuclear and radiation safety, and
13homeland security organizations of this State and other states
14and of the federal government.
15    (d) Local emergency operations planning. The Illinois
16Emergency Management Agency shall take an integral part in the
17development and revision of political subdivision emergency
18operations plans prepared under paragraph (f) of Section 10.
19To this end it shall employ or otherwise secure the services of
20professional and technical personnel capable of providing
21expert assistance to the emergency services and disaster
22agencies. These personnel shall consult with emergency
23services and disaster agencies on a regular basis and shall
24make field examinations of the areas, circumstances, and
25conditions that particular political subdivision emergency
26operations plans are intended to apply.

 

 

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1    (e) Local Emergency Planning Committee. The Illinois
2Emergency Management Agency and political subdivisions shall
3be encouraged to form an emergency management advisory
4committee composed of private and public personnel
5representing the emergency management phases of mitigation,
6preparedness, response, and recovery. The Local Emergency
7Planning Committee, as created under the Illinois Emergency
8Planning and Community Right to Know Act, shall serve as an
9advisory committee to the emergency services and disaster
10agency or agencies serving within the boundaries of that Local
11Emergency 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.
17The 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
14Management Agency is authorized to make grants to various
15higher education institutions, public K-12 school districts,
16area vocational centers as designated by the State Board of
17Education, inter-district special education cooperatives,
18regional safe schools, and nonpublic K-12 schools for safety
19and security improvements. For the purpose of this subsection
20(g), "higher education institution" means a public university,
21a public community college, or an independent, not-for-profit
22or for-profit higher education institution located in this
23State. Grants made under this subsection (g) shall be paid out
24of moneys appropriated for that purpose from the Build
25Illinois Bond Fund. The Illinois Emergency Management Agency
26shall adopt rules to implement this subsection (g). These

 

 

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1rules may specify: (1) (i) the manner of applying for grants;
2(2) (ii) project eligibility requirements; (3) (iii)
3restrictions on the use of grant moneys; (4) (iv) the manner in
4which the various higher education institutions must account
5for the use of grant moneys; and (5) (v) any other provision
6that the Illinois Emergency Management Agency determines to be
7necessary or useful for the administration of this subsection
8(g).
9    (g-5) State not-for-profit security grants. The Illinois
10Emergency Management Agency is authorized to make grants to
11not-for-profit organizations which are exempt from federal
12income taxation under section 501(c)(3) of the Federal
13Internal Revenue Code for eligible security improvements that
14assist the organization in preventing, preparing for, or
15responding to threats, attacks, or acts of terrorism. To be
16eligible for a grant under the program, the Agency must
17determine that the organization is at a high risk of being
18subject to threats, attacks, or acts of terrorism based on the
19organization's profile, ideology, mission, or beliefs.
20Eligible security improvements shall include all eligible
21preparedness activities under the federal Nonprofit Security
22Grant Program, including, but not limited to, physical
23security upgrades, security training exercises, preparedness
24training exercises, contracting with security personnel, and
25any other security upgrades deemed eligible by the Director.
26Eligible security improvements shall not duplicate, in part or

 

 

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1in whole, a project included under any awarded federal grant
2or in a pending federal application. The Director shall
3establish procedures and forms by which applicants may apply
4for a grant and procedures for distributing grants to
5recipients. Any security improvements awarded shall remain at
6the physical property listed in the grant application, unless
7authorized by Agency rule or approved by the Agency in
8writing. The procedures shall require each applicant to do the
9following:
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
7grant program described in this subsection (g-5) to administer
8the program.
9    Any Agency Notice of Opportunity for Funding, proposed or
10final rulemaking, guidance, training opportunity, or other
11resource related to the grant program must be published on the
12Agency's publicly available website, and any announcements
13related to funding shall be shared with all State legislative
14offices, the Governor's office, emergency services and
15disaster agencies mandated or required pursuant to subsections
16(b) through (d) of Section 10, and any other State agencies as
17determined by the Agency. Subject to appropriation, the grant
18application period shall be open for no less than 45 calendar
19days during the first application cycle each fiscal year,
20unless the Agency determines that a shorter period is
21necessary to avoid conflicts with the annual federal Nonprofit
22Security Grant Program funding cycle. Additional application
23cycles may be conducted during the same fiscal year, subject
24to availability of funds. Upon request, Agency staff shall
25provide reasonable assistance to any applicant in completing a
26grant 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 and
9        coordinate 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 provide policy recommendations
18        to the Governor and other State agencies on all
19        matters pertaining to homeland security;
20            (D) utilize the expertise and assistance of all
21        State agencies, commissions, and boards to carry out
22        their mission in support of the State's homeland
23        security efforts; each State agency, commission, or
24        board shall be required, to the extent not
25        inconsistent with law, to cooperate with the Homeland
26        Security Advisor; to facilitate a unified State

 

 

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1        strategy on matters of homeland security, all State
2        agencies, boards, and commissions shall provide
3        briefings to the Homeland Security Advisor regularly
4        and upon request;
5            (E) serve as the State's primary liaison with all
6        federal agencies pertaining to homeland security
7        matters for the State;
8            (F) consistent with the United States Department
9        of Homeland Security standard operating procedures and
10        guidance, oversee and approve security clearance
11        requests for State personnel sent to the federal
12        government for final adjudication; coordinate with
13        Illinois State Police on such clearance requests for
14        law enforcement personnel; this subparagraph (F) shall
15        not apply to clearances issued by the Department of
16        Defense; and
17            (G) perform other duties related to homeland
18        security as directed by the Governor or the Governor's
19        designees.
20        (2) A Deputy Homeland Security Advisor, reporting to
21    the Homeland Security Advisor, shall be recommended by the
22    Homeland Security Advisor. The Deputy Homeland Security
23    Advisor shall:
24            (A) assume responsibilities of the Homeland
25        Security Advisor as needed or directed by the Governor
26        or Homeland Security Advisor;

 

 

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1            (B) serve as the Deputy Director of the Office of
2        Homeland Security within the Agency;
3            (C) develop and execute the State's unified
4        homeland security strategy;
5            (D) serve as a representative of the Homeland
6        Security Advisor and the Agency's Office of Homeland
7        Security with all State agencies, commissions, and
8        boards for matters pertaining to homeland security;
9        and
10            (E) serve as a representative of the Homeland
11        Security Advisor and State with all federal agencies
12        for matters pertaining to homeland security.
13        (3) The Homeland Security Advisor or Deputy Homeland
14    Security Advisor shall provide briefings to the Governor
15    and Lieutenant Governor as directed.
16        (4) The Agency shall coordinate with and provide
17    administrative support for the Homeland Security Advisor
18    and house the State's Office of Homeland Security. The
19    Director shall coordinate with the Homeland Security
20    Advisor to ensure the duties and actions of the Office of
21    Homeland Security are aligned with the State's homeland
22    security strategic goals and priorities.
23    (g-15) Homeland Security responsibilities of the Agency.
24The Agency, through its Office of Homeland Security, shall:
25        (1) support the Homeland Security Advisor in the
26    administration and coordination of homeland security and

 

 

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1    preparedness efforts across all levels of government to
2    protect the people and critical infrastructure of
3    Illinois;
4        (2) oversee, plan, and distribute State and federal
5    funding for homeland security on the basis of risk,
6    threat, and vulnerability to ensure the most effective use
7    of limited resources, and guarantee that funds are used
8    for appropriate and necessary purposes;
9        (3) review all proposed State legislation pertaining
10    to homeland security matters and report to the Homeland
11    Security Advisor about such proposed legislation; review
12    existing legislation and recommend modifications,
13    amendments, or initiatives to support or enhance the
14    State's homeland security and preparedness capabilities;
15        (4) ensure the implementation of the strategic
16    response and policy recommendations of the Governor and
17    Homeland Security Advisor pertaining to all matters of
18    homeland security;
19        (5) coordinate with all State agencies, commissions,
20    and boards, regarding matters of homeland security;
21        (6) coordinate with the Illinois State Police to
22    provide the United States Department of Homeland Security
23    with relevant reporting metrics and data pertaining to the
24    State;
25        (7) develop, at the direction of the Homeland Security
26    Advisor, and in cooperation with the Illinois State Police

 

 

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1    and other appropriate State agencies, appropriate
2    protocols, staffing, training, and equipment guidelines
3    for the weapons of mass destruction teams that the
4    Governor, or the Governor's designee, may deploy in the
5    event or threat of a disaster;
6        (8) lead the State's homeland security public
7    education and risk communication messaging; and
8        (9) adopt rules necessary for implementation of
9    homeland security programs.
10    (g-20) Nuclear and radiation safety responsibilities of
11the Agency. The Agency shall be responsible for nuclear and
12radiation safety and shall:
13        (1) exercise, administer, and enforce all rights,
14    powers, and duties for nuclear and radiation safety
15    authorized in the Nuclear Safety Law of 2004 or successor
16    statutes;
17        (2) develop a comprehensive emergency preparedness and
18    response plan for any nuclear accident in accordance with
19    Section 65 of the Nuclear Safety Law of 2004 and an
20    Illinois nuclear safety preparedness program in accordance
21    with Section 8 of the Illinois Nuclear Safety Preparedness
22    Act or successor statutes; and
23        (3) have the right to enter on public and private
24    property in order to take environmental samples for
25    response to a disaster that reasonably could have caused
26    radioactive contamination.

 

 

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1    (h) Donations and sponsorships. Except as provided in
2Section 17.5 of this Act, any moneys received by the Agency
3from donations or sponsorships unrelated to a disaster shall
4be deposited in the Emergency Planning and Training Fund and
5used by the Agency, subject to appropriation, to effectuate
6planning and training activities. Any moneys received by the
7Agency from donations during a disaster and intended for
8disaster response or recovery shall be deposited into the
9Disaster Response and Recovery Fund and used for disaster
10response and recovery pursuant to the Disaster Relief Act.
11    (i) Conference fees. The Illinois Emergency Management
12Agency may, by rule, assess and collect reasonable fees for
13attendance at Agency-sponsored conferences to enable the
14Agency to carry out the requirements of this Act. Any moneys
15received under this subsection shall be deposited in the
16Emergency Planning and Training Fund and used by the Agency,
17subject to appropriation, for planning and training
18activities.
19    (j) Other grant-making powers. The Illinois Emergency
20Management Agency is authorized to make grants to other State
21agencies, public universities, units of local government, and
22statewide mutual aid organizations to enhance statewide
23emergency preparedness and response.
24    (k) Agency's responsibility to implement and administer
25the Act. The Agency shall do all other things necessary,
26incidental, or appropriate for the implementation of this Act,

 

 

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1including the adoption of rules in accordance with the
2Illinois Administrative Procedure Act.
3(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
4102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.
51-1-24.)
 
6    (20 ILCS 3305/6)  (from Ch. 127, par. 1056)
7    Sec. 6. Emergency Management Powers of the Governor.
8    (a) The Governor shall have general direction and control
9of the Illinois Emergency Management Agency and shall be
10responsible for the carrying out of the provisions of this
11Act.
12    (b) In performing duties under this Act, the Governor is
13authorized to cooperate with the federal government and with
14other states in all matters pertaining to emergency
15management, nuclear and radiation safety, and homeland
16security.
17    (c) In performing duties under this Act, the Governor is
18further authorized:
19        (1) To make, amend, and rescind all lawful necessary
20    orders, rules, and regulations to carry out the provisions
21    of this Act within the limits of the authority conferred
22    upon the Governor.
23        (2) To cause to be prepared a comprehensive plans plan
24    and programs program for the emergency management, nuclear
25    and radiation safety, and homeland security of this State,

 

 

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1    which plans and programs plan and program shall be
2    integrated into and coordinated with emergency management,
3    nuclear and radiation safety, and homeland security plans
4    and programs of the federal government and of other states
5    whenever possible and which plans and programs plan and
6    program may include:
7            a. Mitigation of injury and damage caused by
8        disaster.
9            b. Prompt and effective response to disaster.
10            c. Emergency relief.
11            d. Identification of areas particularly vulnerable
12        to disasters.
13            e. Recommendations for zoning, building, and other
14        land-use controls, safety measures for securing
15        permanent structures and other mitigation measures
16        designed to eliminate or reduce disasters or their
17        impact.
18            f. Assistance to political subdivisions in
19        designing emergency operations plans.
20            g. Authorization and procedures for the erection
21        or other construction of temporary works designed to
22        mitigate danger, damage or loss from flood, or other
23        disaster.
24            h. Preparation and distribution to the appropriate
25        State and political subdivision officials of a State
26        catalog of federal, State, and private assistance

 

 

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1        programs.
2            i. Organization of State personnel and chains of
3        command.
4            j. Coordination of federal, State, and political
5        subdivision emergency management, nuclear and
6        radiation safety, and homeland security activities.
7            k. Other necessary matters.
8        (3) In accordance with the plans plan and programs
9    program for the emergency management, nuclear and
10    radiation safety, and homeland security of this State, and
11    out of funds appropriated for these purposes, to procure
12    and preposition supplies, medicines, materials and
13    equipment, to institute training programs and public
14    information programs, and to take all other preparatory
15    steps including the partial or full mobilization of
16    emergency services and disaster agencies in advance of
17    actual disaster to insure the furnishing of adequately
18    trained and equipped forces for disaster response and
19    recovery.
20        (4) Out of funds appropriated for these purposes, to
21    make studies and surveys of the industries, resources, and
22    facilities in this State as may be necessary to ascertain
23    the capabilities of the State for emergency management
24    phases of mitigation, preparedness, response, and recovery
25    and to plan for the most efficient emergency use thereof.
26        (5) On behalf of this State, to negotiate for and

 

 

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1    submit to the General Assembly for its approval or
2    rejection reciprocal mutual aid agreements or compacts
3    with other states, either on a statewide or political
4    subdivision basis. The agreements or compacts, shall be
5    limited to the furnishing or exchange of food, clothing,
6    medical or other supplies, engineering and police
7    services; emergency housing and feeding; National and
8    State Guards while under the control of the State; health,
9    medical, and related services; fire fighting, rescue,
10    transportation, communication, and construction services
11    and equipment, provided, however, that if the General
12    Assembly be not in session and the Governor has not
13    proclaimed the existence of a disaster under this Section,
14    then the agreements or compacts shall instead be submitted
15    to an Interim Committee on Emergency Management composed
16    of 5 Senators appointed by the President of the Senate and
17    of 5 Representatives appointed by the Speaker of the
18    House, during the month of June of each odd-numbered year
19    to serve for a 2-year 2 year term, beginning July 1 of that
20    year, and until their successors are appointed and
21    qualified, or until termination of their legislative
22    service, whichever first occurs. Vacancies shall be filled
23    by appointment for the unexpired term in the same manner
24    as original appointments. All appointments shall be made
25    in writing and filed with the Secretary of State as a
26    public record. The Committee shall have the power to

 

 

10300SB3240sam001- 34 -LRB103 38061 BDA 70510 a

1    approve or reject any agreements or compacts for and on
2    behalf of the General Assembly; and, provided further,
3    that an affirmative vote of 2/3 of the members of the
4    Committee shall be necessary for the approval of any
5    agreement or compact.
6(Source: P.A. 92-73, eff. 1-1-02.)
 
7    (20 ILCS 3305/7)  (from Ch. 127, par. 1057)
8    Sec. 7. Emergency Powers of the Governor. In the event of a
9disaster, as defined in Section 4, the Governor may, by
10proclamation, declare that a disaster exists. Upon such
11proclamation, the Governor shall have and may exercise for a
12period not to exceed 30 days the following emergency powers;
13provided, however, that the lapse of the emergency powers
14shall not, as regards any act or acts occurring or committed
15within the 30-day period, deprive any person, firm,
16corporation, political subdivision, or body politic of any
17right or rights to compensation or reimbursement which he,
18she, it, or they may have under the provisions of this Act:
19        (1) To suspend the provisions of any regulatory
20    statute prescribing procedures for conduct of State
21    business, or the orders, rules and regulations of any
22    State agency, if strict compliance with the provisions of
23    any statute, order, rule, or regulation would in any way
24    prevent, hinder or delay necessary action, including
25    emergency purchases, by the Illinois Emergency Management

 

 

10300SB3240sam001- 35 -LRB103 38061 BDA 70510 a

1    Agency, in coping with the disaster.
2        (2) To utilize all available resources of the State
3    government as reasonably necessary to cope with the
4    disaster and of each political subdivision of the State.
5        (3) To transfer the direction, personnel or functions
6    of State departments and agencies or units thereof for the
7    purpose of performing or facilitating disaster response
8    and recovery programs.
9        (4) On behalf of this State to take possession of, and
10    to acquire full title or a lesser specified interest in,
11    any personal property as may be necessary to accomplish
12    the objectives set forth in Section 2 of this Act,
13    including: airplanes, automobiles, trucks, trailers,
14    buses, and other vehicles; coal, oils, gasoline, and other
15    fuels and means of propulsion; explosives, materials,
16    equipment, and supplies; animals and livestock; feed and
17    seed; food and provisions for humans and animals; clothing
18    and bedding; and medicines and medical and surgical
19    supplies; and to take possession of and for a limited
20    period occupy and use any real estate necessary to
21    accomplish those objectives; but only upon the undertaking
22    by the State to pay just compensation therefor as in this
23    Act provided, and then only under the following
24    provisions:
25            a. The Governor, or the person or persons as the
26        Governor may authorize so to do, may forthwith take

 

 

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1        possession of property for and on behalf of the State;
2        provided, however, that the Governor or persons shall
3        simultaneously with the taking, deliver to the owner
4        or his or her agent, if the identity of the owner or
5        agency is known or readily ascertainable, a signed
6        statement in writing, that shall include the name and
7        address of the owner, the date and place of the taking,
8        description of the property sufficient to identify it,
9        a statement of interest in the property that is being
10        so taken, and, if possible, a statement in writing,
11        signed by the owner, setting forth the sum that he or
12        she is willing to accept as just compensation for the
13        property or use. Whether or not the owner or agent is
14        known or readily ascertainable, a true copy of the
15        statement shall promptly be filed by the Governor or
16        the person with the Director, who shall keep the
17        docket of the statements. In cases where the sum that
18        the owner is willing to accept as just compensation is
19        less than $1,000, copies of the statements shall also
20        be filed by the Director with, and shall be passed upon
21        by an Emergency Management Claims Commission,
22        consisting of 3 disinterested citizens who shall be
23        appointed by the Governor, by and with the advice and
24        consent of the Senate, within 20 days after the
25        Governor's declaration of a disaster, and if the sum
26        fixed by them as just compensation be less than $1,000

 

 

10300SB3240sam001- 37 -LRB103 38061 BDA 70510 a

1        and is accepted in writing by the owner, then the State
2        Treasurer out of funds appropriated for these
3        purposes, shall, upon certification thereof by the
4        Emergency Management Claims Commission, cause the sum
5        so certified forthwith to be paid to the owner. The
6        Emergency Management Claims Commission is hereby given
7        the power to issue appropriate subpoenas and to
8        administer oaths to witnesses and shall keep
9        appropriate minutes and other records of its actions
10        upon and the disposition made of all claims.
11            b. When the compensation to be paid for the taking
12        or use of property or interest therein is not or cannot
13        be determined and paid under item a of this paragraph
14        (4), a petition in the name of The People of the State
15        of Illinois shall be promptly filed by the Director,
16        which filing may be enforced by mandamus, in the
17        circuit court of the county where the property or any
18        part thereof was located when initially taken or used
19        under the provisions of this Act praying that the
20        amount of compensation to be paid to the person or
21        persons interested therein be fixed and determined.
22        The petition shall include a description of the
23        property that has been taken, shall state the physical
24        condition of the property when taken, shall name as
25        defendants all interested parties, shall set forth the
26        sum of money estimated to be just compensation for the

 

 

10300SB3240sam001- 38 -LRB103 38061 BDA 70510 a

1        property or interest therein taken or used, and shall
2        be signed by the Director. The litigation shall be
3        handled by the Attorney General for and on behalf of
4        the State.
5            c. Just compensation for the taking or use of
6        property or interest therein shall be promptly
7        ascertained in proceedings and established by judgment
8        against the State, that shall include, as part of the
9        just compensation so awarded, interest at the rate of
10        6% per annum on the fair market value of the property
11        or interest therein from the date of the taking or use
12        to the date of the judgment; and the court may order
13        the payment of delinquent taxes and special
14        assessments out of the amount so awarded as just
15        compensation and may make any other orders with
16        respect to encumbrances, rents, insurance, and other
17        charges, if any, as shall be just and equitable.
18        (5) When required by the exigencies of the disaster,
19    to sell, lend, rent, give, or distribute all or any part of
20    property so or otherwise acquired to the inhabitants of
21    this State, or to political subdivisions of this State,
22    or, under the interstate mutual aid agreements or compacts
23    as are entered into under the provisions of subparagraph
24    (5) of paragraph (c) of Section 6 to other states, and to
25    account for and transmit to the State Treasurer all funds,
26    if any, received therefor.

 

 

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1        (6) To recommend the evacuation of all or part of the
2    population from any stricken or threatened area within the
3    State if the Governor deems this action necessary.
4        (7) To prescribe routes, modes of transportation, and
5    destinations in connection with evacuation.
6        (8) To control ingress and egress to and from a
7    disaster area, the movement of persons within the area,
8    and the occupancy of premises therein.
9        (9) To suspend or limit the sale, dispensing, or
10    transportation of alcoholic beverages, firearms,
11    explosives, and combustibles.
12        (10) To make provision for the availability and use of
13    temporary emergency housing.
14        (11) A proclamation of a disaster shall activate the
15    State Emergency Operations Plan, and political subdivision
16    emergency operations plans applicable to the political
17    subdivision or area in question and be authority for the
18    deployment and use of any forces that the plan or plans
19    apply and for use or distribution of any supplies,
20    equipment, and materials and facilities assembled,
21    stockpiled or arranged to be made available under this Act
22    or any other provision of law relating to disasters.
23        (12) Control, restrict, and regulate by rationing,
24    freezing, use of quotas, prohibitions on shipments, price
25    fixing, allocation or other means, the use, sale or
26    distribution of food, feed, fuel, clothing and other

 

 

10300SB3240sam001- 40 -LRB103 38061 BDA 70510 a

1    commodities, materials, goods, or services; and perform
2    and exercise any other functions, powers, and duties as
3    may be necessary to promote and secure the safety and
4    protection of the civilian population.
5        (13) During the continuance of any disaster the
6    Governor is commander-in-chief of the organized and
7    unorganized militia and of all other forces available for
8    emergency duty. To the greatest extent practicable, the
9    Governor shall delegate or assign authority to the
10    Director to manage, coordinate, and direct all resources
11    by orders issued at the time of the disaster.
12        (14) Prohibit increases in the prices of goods and
13    services during a disaster.
14(Source: P.A. 102-485, eff. 8-20-21.)
 
15    (20 ILCS 3305/8)  (from Ch. 127, par. 1058)
16    Sec. 8. Mobile Support Teams.
17    (a) The Governor or Director may cause to be created
18Mobile Support Teams to aid and to reinforce the Illinois
19Emergency Management Agency, and emergency services and
20disaster agencies in areas stricken by disaster. Each mobile
21support team shall have a leader, selected by the Director who
22will be responsible, under the direction and control of the
23Director, for the organization, administration, and training,
24and operation of the mobile support team.
25    (b) Personnel of a mobile support team while on duty

 

 

10300SB3240sam001- 41 -LRB103 38061 BDA 70510 a

1pursuant to such a call or while engaged in regularly
2scheduled training or exercises, whether within or without the
3State, shall either:
4        (1) If they are paid employees of the State, have the
5    powers, duties, rights, privileges and immunities and
6    receive the compensation incidental to their employment.
7        (2) If they are paid employees of a political
8    subdivision or body politic of this State, and whether
9    serving within or without that political subdivision or
10    body politic, have the powers, duties, rights, privileges
11    and immunities, and receive the compensation incidental to
12    their employment.
13        (3) If they are not employees of the State, political
14    subdivision or body politic, or being such employees, are
15    not normally paid for their services, be entitled to at
16    least one dollar per year compensation from the State.
17    Personnel of a mobile support team who suffer disease,
18injury or death arising out of or in the course of emergency
19duty, shall for the purposes of benefits under the Workers'
20Compensation Act or Workers' Occupational Diseases Act only,
21be deemed to be employees of this State. If the person
22diseased, injured or killed is an employee described in item
23(3) above, the computation of benefits payable under either of
24those Acts shall be based on income commensurate with
25comparable State employees doing the same type of work or
26income from the person's regular employment, whichever is

 

 

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1greater.
2    All personnel of mobile support teams shall, while on duty
3under such call, be reimbursed by this State for all actual and
4necessary travel and subsistence expenses.
5    (c) The State shall reimburse each political subdivision
6or body politic from the Disaster Response and Recovery Fund
7for the compensation paid and the actual and necessary travel,
8subsistence and maintenance expenses of paid employees of the
9political subdivision or body politic while serving, outside
10of its geographic geographical boundaries pursuant to such a
11call, as members of a mobile support team, and for all payments
12made for death, disease or injury of those paid employees
13arising out of and incurred in the course of that duty, and for
14all losses of or damage to supplies and equipment of the
15political subdivision or body politic resulting from the
16operations.
17    (d) Whenever mobile support teams or units of another
18state, while the Governor has the emergency powers provided
19for under Section 7 of this Act, render aid to this State under
20the orders of the Governor of its home state and upon the
21request of the Governor of this State, all questions relating
22to reimbursement by this State to the other state and its
23citizens in regard to the assistance so rendered shall be
24determined by the mutual aid agreements or interstate compacts
25described in subparagraph (5) of paragraph (c) of Section 6 as
26are existing at the time of the assistance rendered or are

 

 

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1entered into thereafter and under Section 303 (d) of the
2Federal Civil Defense Act of 1950.
3    (e) No personnel of mobile support teams of this State may
4be ordered by the Governor to operate in any other state unless
5a request for the same has been made by the Governor or duly
6authorized representative of the other state.
7(Source: P.A. 98-465, eff. 8-16-13.)
 
8    (20 ILCS 3305/10)  (from Ch. 127, par. 1060)
9    Sec. 10. Emergency Services and Disaster Agencies.
10    (a) Each political subdivision within this State shall be
11within the jurisdiction of and served by the Illinois
12Emergency Management Agency and by an emergency services and
13disaster agency responsible for emergency management programs.
14A township, if the township is in a county having a population
15of more than 2,000,000, must have approval of the county
16coordinator before establishment of a township emergency
17services and disaster agency.
18    (b) Unless multiple county emergency services and disaster
19agency consolidation is authorized by the Illinois Emergency
20Management Agency with the consent of the respective counties,
21each county shall maintain an emergency services and disaster
22agency that has jurisdiction over and serves the entire
23county, except as otherwise provided under this Act and except
24that in any county with a population of over 3,000,000
25containing a municipality with a population of over 500,000

 

 

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1the jurisdiction of the county agency shall not extend to the
2municipality when the municipality has established its own
3agency.
4    (c) Each municipality with a population of over 500,000
5shall maintain an emergency services and disaster agency which
6has jurisdiction over and serves the entire municipality. A
7municipality with a population less than 500,000 may
8establish, by ordinance, an agency or department responsible
9for emergency management within the municipality's corporate
10limits.
11    (d) The Governor shall determine which municipal
12corporations, other than those specified in paragraph (c) of
13this Section, need emergency services and disaster agencies of
14their own and require that they be established and maintained.
15The Governor shall make these determinations on the basis of
16the municipality's disaster vulnerability and capability of
17response related to population size and concentration. The
18emergency services and disaster agency of a county or
19township, shall not have a jurisdiction within a political
20subdivision having its own emergency services and disaster
21agency, but shall cooperate with the emergency services and
22disaster agency of a city, village or incorporated town within
23their borders. The Illinois Emergency Management Agency shall
24publish and furnish a current list to the municipalities
25required to have an emergency services and disaster agency
26under this subsection.

 

 

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1    (e) Each municipality that is not required to and does not
2have an emergency services and disaster agency shall have a
3liaison officer designated to facilitate the cooperation and
4protection of that municipal corporation with the county
5emergency services and disaster agency in which it is located
6in the work of disaster mitigation, preparedness, response,
7and recovery.
8    (f) The principal executive officer or his or her designee
9of each political subdivision in the State shall annually
10notify the Illinois Emergency Management Agency of the manner
11in which the political subdivision is providing or securing
12emergency management, identify the executive head of the
13agency or the department from which the service is obtained,
14or the liaison officer in accordance with subsection (e),
15paragraph (d) of this Section and furnish additional
16information relating thereto as the Illinois Emergency
17Management Agency requires.
18    (g) Each emergency services and disaster agency shall
19prepare an emergency operations plan for its geographic
20boundaries that complies with planning, review, and approval
21standards promulgated by the Illinois Emergency Management
22Agency. The Illinois Emergency Management Agency shall
23determine which jurisdictions will be required to include
24earthquake preparedness in their local emergency operations
25plans.
26    (h) The emergency services and disaster agency shall

 

 

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1prepare and distribute to all appropriate officials in written
2form a clear and complete statement of the emergency
3responsibilities of all local departments and officials and of
4the disaster chain of command.
5    (i) Each emergency services and disaster agency shall have
6a Coordinator who shall be appointed by the principal
7executive officer of the political subdivision in the same
8manner as are the heads of regular governmental departments.
9If the political subdivision is a county and the principal
10executive officer appoints the sheriff as the Coordinator, the
11sheriff may, in addition to his or her regular compensation,
12receive compensation at the same level as provided in Article
133 of the Counties Code Section 3 of "An Act in relation to the
14regulation of motor vehicle traffic and the promotion of
15safety on public highways in counties", approved August 9,
161951, as amended. The Coordinator shall have direct
17responsibility for the organization, administration, training,
18and operation of the emergency services and disaster agency,
19subject to the direction and control of that principal
20executive officer. Each emergency services and disaster agency
21shall coordinate and may perform emergency management
22functions within the territorial limits of the political
23subdivision within which it is organized as are prescribed in
24and by the State Emergency Operations Plan, and programs,
25orders, rules and regulations as may be promulgated by the
26Illinois Emergency Management Agency and by local ordinance

 

 

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1and, in addition, shall conduct such functions outside of
2those territorial limits as may be required under mutual aid
3agreements and compacts as are entered into under subparagraph
4(5) of paragraph (c) of Section 6.
5    (j) In carrying out the provisions of this Act, each
6political subdivision may enter into contracts and incur
7obligations necessary to place it in a position effectively to
8combat the disasters as are described in Section 4, to protect
9the health and safety of persons, to protect property, and to
10provide emergency assistance to victims of those disasters. If
11a disaster occurs, each political subdivision may exercise the
12powers vested under this Section in the light of the
13exigencies of the disaster and, excepting mandatory
14constitutional requirements, without regard to the procedures
15and formalities normally prescribed by law pertaining to the
16performance of public work, entering into contracts, the
17incurring of obligations, the employment of temporary workers,
18the rental of equipment, the purchase of supplies and
19materials, and the appropriation, expenditure, and disposition
20of public funds and property.
21    (k) Volunteers who, while engaged in a disaster, an
22exercise, training related to the emergency operations plan of
23the political subdivision, or a search-and-rescue team
24response to an occurrence or threat of injury or loss of life
25that is beyond local response capabilities, suffer disease,
26injury or death, shall, for the purposes of benefits under the

 

 

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1Workers' Compensation Act or Workers' Occupational Diseases
2Act only, be deemed to be employees of the State, if: (1) the
3claimant is a duly qualified and enrolled (sworn in) as a
4volunteer of the Illinois Emergency Management Agency or an
5emergency services and disaster agency accredited by the
6Illinois Emergency Management Agency, and (2) if: (i) the
7claimant was participating in a disaster as defined in Section
84 of this Act, (ii) the exercise or training participated in
9was specifically and expressly approved by the Illinois
10Emergency Management Agency prior to the exercise or training,
11or (iii) the search-and-rescue team response was to an
12occurrence or threat of injury or loss of life that was beyond
13local response capabilities and was specifically and expressly
14approved by the Illinois Emergency Management Agency prior to
15the search-and-rescue team response. The computation of
16benefits payable under either of those Acts shall be based on
17the income commensurate with comparable State employees doing
18the same type work or income from the person's regular
19employment, whichever is greater.
20    Volunteers who are working under the direction of an
21emergency services and disaster agency accredited by the
22Illinois Emergency Management Agency, pursuant to a plan
23approved by the Illinois Emergency Management Agency (i)
24during a disaster declared by the Governor under Section 7 of
25this Act, or (ii) in circumstances otherwise expressly
26approved by the Illinois Emergency Management Agency, shall be

 

 

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1deemed exclusively employees of the State for purposes of
2Section 8(d) of the Court of Claims Act, provided that the
3Illinois Emergency Management Agency may, in coordination with
4the emergency services and disaster agency, audit
5implementation for compliance with the plan.
6    (l) If any person who is entitled to receive benefits
7through the application of this Section receives, in
8connection with the disease, injury or death giving rise to
9such entitlement, benefits under an Act of Congress or federal
10program, benefits payable under this Section shall be reduced
11to the extent of the benefits received under that other Act or
12program.
13    (m) (1) Prior to conducting an exercise, the principal
14    executive officer of a political subdivision or his or her
15    designee shall provide area media with written
16    notification of the exercise. The notification shall
17    indicate that information relating to the exercise shall
18    not be released to the public until the commencement of
19    the exercise. The notification shall also contain a
20    request that the notice be so posted to ensure that all
21    relevant media personnel are advised of the exercise
22    before it begins.
23        (2) During the conduct of an exercise, all messages,
24    two-way radio communications, briefings, status reports,
25    news releases, and other oral or written communications
26    shall begin and end with the following statement: "This is

 

 

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1    an exercise message".
2(Source: P.A. 94-733, eff. 4-27-06.)
 
3    (20 ILCS 3305/12)  (from Ch. 127, par. 1062)
4    Sec. 12. Testing of Disaster Warning Devices. The testing
5of disaster warning devices including outdoor warning sirens
6shall be held only on the first Tuesday of each month at 10
7o'clock in the morning or during exercises that are
8specifically and expressly approved in advance by the Illinois
9Emergency Management Agency.
10(Source: P.A. 92-73, eff. 1-1-02.)
 
11    (20 ILCS 3305/14)  (from Ch. 127, par. 1064)
12    Sec. 14. Communications. The Illinois Emergency Management
13Agency shall ascertain what means exist for rapid and
14efficient communications in times of disaster. The Illinois
15Emergency Management Agency shall consider the desirability of
16supplementing these communications resources or of integrating
17them into a comprehensive State or State-Federal
18telecommunications or other communications system or network.
19In studying the character and feasibility of any system or its
20several parts, the Illinois Emergency Management Agency shall
21evaluate the possibility of multipurpose use thereof for
22general State and political subdivision purposes. The Illinois
23Emergency Management Agency may promulgate rules to establish
24policies and procedures relating to telecommunications and the

 

 

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1continuation of rapid and efficient communications in times of
2disaster to the extent authorized by any provision of this Act
3or other laws and regulations. The Illinois Emergency
4Management Agency shall make recommendations to the Governor
5as appropriate.
6(Source: P.A. 86-755; 87-168.)
 
7    (20 ILCS 3305/18)  (from Ch. 127, par. 1068)
8    Sec. 18. Orders, Rules and Regulations.
9    (a) The Governor shall file a copy of every rule,
10regulation or order, and any amendment thereof made by the
11Governor under the provisions of this Act in the office of the
12Secretary of State. Upon No rule, regulation or order, or any
13amendment thereof shall be effective until 10 days after the
14filing, provided, however, that upon the declaration of a
15disaster by the Governor as is described in Section 7 the
16provision relating to the effective date of any rule,
17regulation, order or amendment issued under this Act and
18during the state of disaster is abrogated, and the rule,
19regulation, order or amendment shall become effective
20immediately upon being filed with the Secretary of State
21accompanied by a certificate stating the reason as required by
22the Illinois Administrative Procedure Act.
23    (b) Every emergency services and disaster agency
24established pursuant to this Act and the coordinators thereof
25shall execute and enforce the orders, rules and regulations as

 

 

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1may be made by the Governor under authority of this Act. Each
2emergency services and disaster agency shall have available
3for inspection at its office all orders, rules and regulations
4made by the Governor, or under the Governor's authority. The
5Illinois Emergency Management Agency shall publish furnish on
6the Agency's Department's website the orders, rules and
7regulations to each such emergency services and disaster
8agency. Upon the written request of an emergency services and
9or disaster agency, copies thereof shall be mailed to the
10emergency services and or disaster agency.
11(Source: P.A. 98-44, eff. 6-28-13.)
 
12    (20 ILCS 3305/20)  (from Ch. 127, par. 1070)
13    Sec. 20. Oath Emergency Management Agency; personnel;
14oath. Each person, whether compensated or noncompensated, who
15is appointed to serve in any capacity in the Illinois
16Emergency Management Agency and Office of Homeland Security or
17an emergency services and disaster agency, shall, before
18entering upon his or her duties, take an oath, in writing,
19before the Director or before the coordinator of that
20emergency services and disaster agency or before other persons
21authorized to administer oaths in this State, which oath shall
22be filed with the Director or with the coordinator of the
23emergency services and disaster agency with which he or she
24shall serve and which oath shall be substantially as follows:
25    "I, _______________, do solemnly swear (or affirm) that I

 

 

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1will support and defend and bear true faith and allegiance to
2the Constitution of the United States and the Constitution of
3the State of Illinois, and the territory, institutions and
4facilities thereof, both public and private, against all
5enemies, foreign and domestic; that I take this obligation
6freely, without any mental reservation or purpose of evasion;
7and that I will well and faithfully discharge the duties upon
8which I am about to enter. And I do further swear (or affirm)
9that I do not advocate, nor am I, nor have I been a member of
10any political party or organization that advocates the
11overthrow of the government of the United States or of this
12State by force or violence; and that during such time as I am
13affiliated with the (name of political subdivision), I will
14not advocate nor become a member of any political party or
15organization that advocates the overthrow of the government of
16the United States or of this State by force or violence."
17(Source: P.A. 92-73, eff. 1-1-02.)
 
18    (20 ILCS 3305/23)
19    (Section scheduled to be repealed on January 1, 2032)
20    Sec. 23. Access and Functional Needs Advisory Committee.
21    (a) In this Section, "Advisory Committee" means the Access
22and Functional Needs Advisory Committee.
23    (b) The Access and Functional Needs Advisory Committee is
24created.
25    (c) The Advisory Committee shall:

 

 

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1        (1) Coordinate meetings occurring, at a minimum, 3
2    times each year, in addition to emergency meetings called
3    by the chairperson of the Advisory Committee.
4        (2) Research and provide recommendations for
5    identifying and effectively responding to the needs of
6    persons with access and functional needs before, during,
7    and after a disaster using an intersectional lens for
8    equity.
9        (3) Provide recommendations to the Illinois Emergency
10    Management Agency regarding how to ensure that persons
11    with a disability are included in disaster strategies and
12    emergency management plans, including updates and
13    implementation of disaster strategies and emergency
14    management plans.
15        (4) Review and provide recommendations for the
16    Illinois Emergency Management Agency, and all relevant
17    State agencies that are involved in drafting and
18    implementing the Illinois Emergency Operation Plan, to
19    integrate access and functional needs into State and local
20    emergency plans.
21    (d) The Advisory Committee shall be composed of the
22Director of the Illinois Emergency Management Agency or his or
23her designee, the Attorney General or his or her designee, the
24Secretary of Human Services or his or her designee, the
25Director of Aging or his or her designee, and the Director of
26Public Health or his or her designee, together with the

 

 

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1following members appointed by the Governor on or before
2January 1, 2022:
3        (1) Two members, either from a municipal or
4    county-level emergency agency or a local emergency
5    management coordinator.
6        (2) Nine members from the community of persons with a
7    disability who represent persons with different types of
8    disabilities, including, but not limited to, individuals
9    with mobility and physical disabilities, hearing and
10    visual disabilities, deafness or who are hard of hearing,
11    blindness or who have low vision, mental health
12    disabilities, and intellectual or developmental
13    disabilities. Members appointed under this paragraph shall
14    reflect a diversity of age, gender, race, and ethnic
15    background.
16        (3) Four members who represent first responders from
17    different geographic geographical regions around the
18    State.
19    (e) Of those members appointed by the Governor, the
20initial appointments of 6 members shall be for terms of 2 years
21and the initial appointments of 5 members shall be for terms of
224 years. Thereafter, members shall be appointed for terms of 4
23years. A member shall serve until his or her successor is
24appointed and qualified. If a vacancy occurs in the Advisory
25Committee membership, the vacancy shall be filled in the same
26manner as the original appointment for the remainder of the

 

 

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1unexpired term.
2    (f) After all the members are appointed, and annually
3thereafter, they shall elect a chairperson from among the
4members appointed under paragraph (2) of subsection (d).
5    (g) The initial meeting of the Advisory Committee shall be
6convened by the Director of the Illinois Emergency Management
7Agency no later than February 1, 2022.
8    (h) Advisory Committee members shall serve without
9compensation.
10    (i) The Illinois Emergency Management Agency shall provide
11administrative support to the Advisory Committee.
12    (j) The Advisory Committee shall prepare and deliver a
13report to the General Assembly, the Governor's Office, and the
14Illinois Emergency Management Agency by July 1, 2022, and
15annually thereafter. The report shall include the following:
16        (1) Identification of core emergency management
17    services that need to be updated or changed to ensure the
18    needs of persons with a disability are met, and shall
19    include disaster strategies in State and local emergency
20    plans.
21        (2) Any proposed changes in State policies, laws,
22    rules, or regulations necessary to fulfill the purposes of
23    this Act.
24        (3) Recommendations on improving the accessibility and
25    effectiveness of disaster and emergency communication.
26        (4) Recommendations on comprehensive training for

 

 

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1    first responders and other frontline workers when working
2    with persons with a disability during emergency situations
3    or disasters, as defined in Section 4 of the Illinois
4    Emergency Management Agency Act.
5        (5) Any additional recommendations regarding emergency
6    management and persons with a disability that the Advisory
7    Committee deems necessary.
8    (k) The annual report prepared and delivered under
9subsection (j) shall be annually considered by the Illinois
10Emergency Management Agency when developing new State and
11local emergency plans or updating existing State and local
12emergency plans.
13    (l) The Advisory Committee is dissolved and this Section
14is repealed on January 1, 2032.
15(Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21;
16103-154, eff. 6-30-23.)
 
17    (20 ILCS 3305/24 new)
18    Sec. 24. Illinois Homeland Security Advisory Council
19(IL-HSAC).
20    (a) The Illinois Homeland Security Advisory Council
21(IL-HSAC) is hereby created.
22    (b) The IL-HSAC shall report directly to the Homeland
23Security Advisor, who shall serve as the Chairperson.
24    (c) The Deputy Homeland Security Advisor shall serve as
25Vice-Chair.

 

 

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1    (d) The Homeland Security Advisor may appoint a Chair Pro
2Tempore to oversee the daily operations and administrative
3responsibilities of the IL-HSAC.
4    (e) The Homeland Security Advisor shall, with approval of
5the Governor, modify the structure of the IL-HSAC as
6appropriate and consistent with this Section.
7    (f) The IL-HSAC shall submit an annual report to the
8Governor by March 1 of each year. The report shall detail the
9activities, accomplishments, and recommendations of the
10IL-HSAC in the preceding year.
11    (g) The Agency shall provide administrative support for
12the IL-HSAC.
13    (h) Entities may be appointed to IL-HSAC with nomination
14by the Homeland Security Advisor and approval by the Governor.
15    (i) The IL-HSAC shall have the following powers and
16duties:
17        (1) The IL-HSAC shall serve as the State Advisory
18    Committee with respect to funds received through the
19    federal Homeland Security Grant Program. In that capacity,
20    the IL-HSAC shall provide recommendations to the Homeland
21    Security Advisor on issues related to the application for
22    and use of all appropriate federal funding that relates to
23    preventing, protecting against, mitigating, responding to
24    and recovering from acts of terrorism and other threats.
25        (2) The IL-HSAC shall provide recommendations to the
26    Homeland Security Advisor on the following:

 

 

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1            (A) appropriate training of local, regional, and
2        state officials to respond to terrorist incidents
3        involving conventional, chemical, biological and
4        nuclear weapons;
5            (B) applications for and use of all appropriate
6        State and other funds as may be appropriate and
7        available relating to homeland security;
8            (C) public safety preparedness and mutual aid to
9        include strategies and tactics to coordinate
10        multi-agency response to significant events, such as
11        acts of terrorism or natural disasters, where
12        coordination of local, State, and private resources is
13        necessary;
14            (D) coordination of public safety resources and
15        combating terrorism in Illinois; and
16            (E) any changes needed in State statutes,
17        administrative rules, or in the Illinois Emergency
18        Operations Plan.
 
19    (20 ILCS 3305/25 new)
20    Sec. 25. Statewide Interoperability Coordinator.
21    (a) The Statewide Interoperability Coordinator is hereby
22created as a position within the Agency's Office of Homeland
23Security.
24    (b) The duties and responsibilities of the Statewide
25Interoperability Coordinator shall be as follows:

 

 

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1        (1) The Statewide Interoperability Coordinator shall
2    serve as the central coordination point for the State's
3    communications interoperability and shall assist with
4    mediation between State and local agencies to achieve an
5    interoperable communications system.
6        (2) The Statewide Interoperability Coordinator shall
7    develop and disseminate best practices for public safety
8    communications interoperability.
9        (3) The Statewide Interoperability Coordinator shall
10    advise the Homeland Security Advisor and Deputy Director
11    of the Agency's Office of Homeland Security on public
12    safety communications interoperability.
13        (4) The Statewide Interoperability Coordinator shall
14    serve as a member of the Statewide Interoperability
15    Executive Committee or its successor entity and may act on
16    behalf of the Statewide Interoperability Executive
17    Committee.
18        (5) The Statewide Interoperability Coordinator shall
19    recommend regulatory changes relating to public safety
20    communications and interoperability activities in
21    partnership with 9-1-1 administrator, operators of
22    statewide radio systems, emergency management
23    coordinators, and relevant State agencies
    .
24        (6) The Statewide Interoperability Coordinator shall
25    identify funding opportunities for planned
26    interoperability improvements and coordinate efforts to

 

 

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1    provide funding.
2        (7) The Statewide Interoperability Coordinator shall
3    advise on the issuance of grants related to public safety
4    and for interoperability communication.
5        (8) The Statewide Interoperability Coordinator shall
6    engage stakeholders to coordinate the Statewide
7    Communications Interoperability Plan.
8        (9) The Statewide Interoperability Coordinator shall
9    represent the State in national, regional, and local
10    efforts to plan and implement changes needed to achieve
11    interoperability and continuity of communications for
12    emergency responders.
13        (10) The Statewide Interoperability Coordinator shall
14    develop and implement the strategic program for all public
15    safety communications and interoperability activities in
16    partnership with 9-1-1 administrators, operators of
17    statewide radio systems, emergency management
18    coordinators, and the State Administrative Agency.".