Full Text of SB0169 103rd General Assembly
SB0169 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0169 Introduced 1/31/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: |
| 20 ILCS 3305/5 | from Ch. 127, par. 1055 |
| Amends the Illinois Emergency Management Agency Act of the Civil Administrative Code of Illinois. In provisions regarding security improvements that assist a not-for-profit organization in preventing, preparing for, or responding to acts of terrorism, requires the Illinois Emergency Management Agency to determine that an organization is at high risk of being subject to threats, attacks, or acts of terrorism based on the organization's profile, ideology, mission, or beliefs in order to be eligible for assistance under the provisions. Requires the Agency to post specified information on its website. Throughout the provisions, refers to threats, attacks, or acts of terrorism (rather than just acts of terrorism). Makes other changes.
|
| |
| | A BILL FOR |
|
| | | SB0169 | | LRB103 26120 CPF 52475 b |
|
| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Emergency Management Agency Act is | 5 | | amended by changing Section 5 as follows:
| 6 | | (20 ILCS 3305/5) (from Ch. 127, par. 1055)
| 7 | | Sec. 5. Illinois Emergency Management Agency.
| 8 | | (a) There is created within the executive branch of the | 9 | | State Government an
Illinois Emergency Management Agency and a | 10 | | Director of the Illinois Emergency
Management Agency, herein | 11 | | called the "Director" who shall be the head thereof.
The | 12 | | Director shall be appointed by the Governor, with the advice | 13 | | and consent of
the Senate, and shall serve for a term of 2 | 14 | | years beginning on the third Monday
in January of the | 15 | | odd-numbered year, and until a successor is appointed and
has | 16 | | qualified; except that the term of the first Director | 17 | | appointed under this
Act shall expire on the third Monday in | 18 | | January, 1989. The Director shall not
hold any other | 19 | | remunerative public office. For terms beginning after January | 20 | | 18, 2019 (the effective date of Public Act 100-1179) and | 21 | | before January 16, 2023, the annual salary of the Director | 22 | | shall be as provided in Section 5-300 of the Civil | 23 | | Administrative Code of Illinois. Notwithstanding any other |
| | | SB0169 | - 2 - | LRB103 26120 CPF 52475 b |
|
| 1 | | provision of law, for terms beginning on or after January 16, | 2 | | 2023, the Director shall receive an annual salary of $180,000 | 3 | | or as set by the Governor, whichever is higher. On July 1, | 4 | | 2023, and on each July 1 thereafter, the Director shall | 5 | | receive an increase in salary based on a cost of living | 6 | | adjustment as authorized by Senate Joint Resolution 192 of the | 7 | | 86th General Assembly.
| 8 | | For terms beginning on or after January 16, 2023, the | 9 | | Assistant Director of the Illinois Emergency Management Agency | 10 | | shall receive an annual salary of $156,600 or as set by the | 11 | | Governor, whichever is higher. On July 1, 2023, and on each | 12 | | July 1 thereafter, the Assistant Director shall receive an | 13 | | increase in salary based on a cost of living adjustment as | 14 | | authorized by Senate Joint Resolution 192 of the 86th General | 15 | | Assembly. | 16 | | (b) The Illinois Emergency Management Agency shall obtain, | 17 | | under the
provisions of the Personnel Code, technical, | 18 | | clerical, stenographic and other
administrative personnel, and | 19 | | may make expenditures within the appropriation
therefor as may | 20 | | be necessary to carry out the purpose of this Act. The agency
| 21 | | created by this Act is intended to be a successor to the agency | 22 | | created under
the Illinois Emergency Services and Disaster | 23 | | Agency Act of 1975 and the
personnel, equipment, records, and | 24 | | appropriations of that agency are
transferred to the successor | 25 | | agency as of June 30, 1988 (the effective date of this Act).
| 26 | | (c) The Director, subject to the direction and control of |
| | | SB0169 | - 3 - | LRB103 26120 CPF 52475 b |
|
| 1 | | the Governor,
shall be the executive head of the Illinois | 2 | | Emergency Management Agency and
the State Emergency Response | 3 | | Commission and shall be responsible under the
direction of the | 4 | | Governor, for carrying out the program for emergency
| 5 | | management of this State. The Director shall also maintain | 6 | | liaison
and cooperate with
the emergency management | 7 | | organizations of this State and other states and of
the | 8 | | federal government.
| 9 | | (d) The Illinois Emergency Management Agency shall take an | 10 | | integral part in
the development and revision of political | 11 | | subdivision emergency operations
plans prepared under | 12 | | paragraph (f) of Section 10. To this end it shall employ
or | 13 | | otherwise secure the services of professional and technical | 14 | | personnel
capable of providing expert assistance to the | 15 | | emergency services and disaster
agencies. These personnel | 16 | | shall consult with emergency services and disaster
agencies on | 17 | | a regular basis and shall make field examinations of the | 18 | | areas,
circumstances, and conditions that particular political | 19 | | subdivision emergency
operations plans are intended to apply.
| 20 | | (e) The Illinois Emergency Management Agency and political | 21 | | subdivisions
shall be encouraged to form an emergency | 22 | | management advisory committee composed
of private and public | 23 | | personnel representing the emergency management phases of
| 24 | | mitigation, preparedness, response, and recovery.
The Local | 25 | | Emergency Planning Committee, as created under the Illinois
| 26 | | Emergency
Planning and Community Right to Know Act, shall |
| | | SB0169 | - 4 - | LRB103 26120 CPF 52475 b |
|
| 1 | | serve as
an advisory
committee to the emergency services and | 2 | | disaster agency or agencies serving
within the boundaries
of | 3 | | that Local Emergency Planning Committee planning district for:
| 4 | | (1) the development of emergency operations plan | 5 | | provisions for hazardous
chemical
emergencies; and
| 6 | | (2) the assessment of emergency response capabilities | 7 | | related to hazardous
chemical
emergencies.
| 8 | | (f) The Illinois Emergency Management Agency shall:
| 9 | | (1) Coordinate the overall emergency management | 10 | | program of the State.
| 11 | | (2) Cooperate with local governments, the federal | 12 | | government, and any
public or private agency or entity in | 13 | | achieving any purpose of this Act and
in implementing | 14 | | emergency management programs for mitigation, | 15 | | preparedness,
response, and recovery.
| 16 | | (2.5) Develop a comprehensive emergency preparedness | 17 | | and response plan for any nuclear
accident in accordance | 18 | | with Section 65 of the Nuclear Safety
Law of 2004 and in | 19 | | development of the
Illinois
Nuclear Safety Preparedness | 20 | | program in accordance with Section 8 of the
Illinois | 21 | | Nuclear Safety Preparedness Act.
| 22 | | (2.6) Coordinate with the Department of Public Health
| 23 | | with respect to planning for and responding to public | 24 | | health emergencies.
| 25 | | (3) Prepare, for issuance by the Governor, executive | 26 | | orders,
proclamations, and regulations as necessary or |
| | | SB0169 | - 5 - | LRB103 26120 CPF 52475 b |
|
| 1 | | appropriate in coping with
disasters.
| 2 | | (4) Promulgate rules and requirements for political | 3 | | subdivision
emergency operations plans that are not | 4 | | inconsistent with and are at least
as stringent as | 5 | | applicable federal laws and regulations.
| 6 | | (5) Review and approve, in accordance with Illinois | 7 | | Emergency Management
Agency rules, emergency operations
| 8 | | plans for those political subdivisions required to have an | 9 | | emergency services
and disaster agency pursuant to this | 10 | | Act.
| 11 | | (5.5) Promulgate rules and requirements for the | 12 | | political subdivision
emergency management
exercises, | 13 | | including, but not limited to, exercises of the emergency | 14 | | operations
plans.
| 15 | | (5.10) Review, evaluate, and approve, in accordance | 16 | | with Illinois
Emergency
Management
Agency rules, political | 17 | | subdivision emergency management exercises for those
| 18 | | political subdivisions
required to have an emergency | 19 | | services and disaster agency pursuant to this
Act.
| 20 | | (6) Determine requirements of the State and its | 21 | | political
subdivisions
for food, clothing, and other | 22 | | necessities in event of a disaster.
| 23 | | (7) Establish a register of persons with types of | 24 | | emergency
management
training and skills in mitigation, | 25 | | preparedness, response, and recovery.
| 26 | | (8) Establish a register of government and private |
| | | SB0169 | - 6 - | LRB103 26120 CPF 52475 b |
|
| 1 | | response
resources
available for use in a disaster.
| 2 | | (9) Expand the Earthquake Awareness Program and its | 3 | | efforts to
distribute earthquake preparedness materials to | 4 | | schools, political
subdivisions, community groups, civic | 5 | | organizations, and the media.
Emphasis will be placed on | 6 | | those areas of the State most at risk from an
earthquake. | 7 | | Maintain the list of all school districts, hospitals,
| 8 | | airports, power plants, including nuclear power plants, | 9 | | lakes, dams,
emergency response facilities of all types, | 10 | | and all other major public or
private structures which are | 11 | | at the greatest risk of damage from
earthquakes under | 12 | | circumstances where the damage would cause subsequent
harm | 13 | | to the surrounding communities and residents.
| 14 | | (10) Disseminate all information, completely and | 15 | | without
delay, on water
levels for rivers and streams and | 16 | | any other data pertaining to potential
flooding supplied | 17 | | by the Division of Water Resources within the Department | 18 | | of
Natural Resources to all political subdivisions to the | 19 | | maximum extent possible.
| 20 | | (11) Develop agreements, if feasible, with medical | 21 | | supply and
equipment
firms to
supply resources as are | 22 | | necessary to respond to an earthquake or any other
| 23 | | disaster as defined in this Act. These resources will be | 24 | | made available
upon notifying the vendor of the disaster. | 25 | | Payment for the resources will
be in accordance with | 26 | | Section 7 of this Act. The Illinois Department of
Public |
| | | SB0169 | - 7 - | LRB103 26120 CPF 52475 b |
|
| 1 | | Health shall determine which resources will be required | 2 | | and requested.
| 3 | | (11.5) In coordination with the Illinois State Police, | 4 | | develop and
implement a community outreach program to | 5 | | promote awareness among the State's
parents and children | 6 | | of child abduction prevention and response.
| 7 | | (12) Out of funds appropriated for these purposes, | 8 | | award capital and
non-capital grants to Illinois hospitals | 9 | | or health care facilities located
outside of a city with a | 10 | | population in excess of 1,000,000 to be used for
purposes | 11 | | that include, but are not limited to, preparing to respond | 12 | | to mass
casualties and disasters, maintaining and | 13 | | improving patient safety and
quality of care, and | 14 | | protecting the confidentiality of patient information.
No | 15 | | single grant for a capital expenditure shall exceed | 16 | | $300,000.
No single grant for a non-capital expenditure | 17 | | shall exceed $100,000.
In awarding such grants, preference | 18 | | shall be given to hospitals that serve
a significant | 19 | | number of Medicaid recipients, but do not qualify for
| 20 | | disproportionate share hospital adjustment payments under | 21 | | the Illinois Public
Aid Code. To receive such a grant, a | 22 | | hospital or health care facility must
provide funding of | 23 | | at least 50% of the cost of the project for which the grant
| 24 | | is being requested.
In awarding such grants the Illinois | 25 | | Emergency Management Agency shall consider
the | 26 | | recommendations of the Illinois Hospital Association.
|
| | | SB0169 | - 8 - | LRB103 26120 CPF 52475 b |
|
| 1 | | (13) Do all other things necessary, incidental or | 2 | | appropriate
for the implementation of this Act.
| 3 | | (g) The Illinois Emergency Management Agency is authorized | 4 | | to make grants to various higher education institutions, | 5 | | public K-12 school districts, area vocational centers as | 6 | | designated by the State Board of Education, inter-district | 7 | | special education cooperatives, regional safe schools, and | 8 | | nonpublic K-12 schools for safety and security improvements. | 9 | | For the purpose of this subsection (g), "higher education | 10 | | institution" means a public university, a public community | 11 | | college, or an independent, not-for-profit or for-profit | 12 | | higher education institution located in this State. Grants | 13 | | made under this subsection (g) shall be paid out of moneys | 14 | | appropriated for that purpose from the Build Illinois Bond | 15 | | Fund. The Illinois Emergency Management Agency shall adopt | 16 | | rules to implement this subsection (g). These rules may | 17 | | specify: (i) the manner of applying for grants; (ii) project | 18 | | eligibility requirements; (iii) restrictions on the use of | 19 | | grant moneys; (iv) the manner in which the various higher | 20 | | education institutions must account for the use of grant | 21 | | moneys; and (v) any other provision that the Illinois | 22 | | Emergency Management Agency determines to be necessary or | 23 | | useful for the administration of this subsection (g). | 24 | | (g-5) The Illinois Emergency Management Agency is | 25 | | authorized to make grants to not-for-profit organizations | 26 | | which are exempt from federal income taxation under section |
| | | SB0169 | - 9 - | LRB103 26120 CPF 52475 b |
|
| 1 | | 501(c)(3) of the Federal Internal Revenue Code for eligible | 2 | | security improvements that assist the organization in | 3 | | preventing, preparing for, or responding to threats, attacks, | 4 | | or acts of terrorism. To be eligible for a grant under the | 5 | | program, the Agency must determine that the organization is at | 6 | | a high risk of being subject to threats, attacks, or acts of | 7 | | terrorism based on the organization's profile, ideology, | 8 | | mission, or beliefs. Eligible security improvements shall, at | 9 | | minimum, include all eligible preparedness activities under | 10 | | the federal Nonprofit Security Grant Program, including, but | 11 | | not limited to, physical security upgrades, security training | 12 | | exercises, preparedness training exercises, contracting with | 13 | | security personnel, and any other security upgrades deemed | 14 | | eligible by the Director. The Director shall establish | 15 | | procedures and forms by which applicants may apply for a grant | 16 | | and procedures for distributing grants to recipients. The | 17 | | procedures shall require each applicant to do the following: | 18 | | (1) identify and substantiate prior or current | 19 | | threats , or attacks , or acts of terrorism by a terrorist | 20 | | organization, network, or cell against the not-for-profit | 21 | | organization; | 22 | | (2) indicate the symbolic or strategic value of one or | 23 | | more sites that renders the site a possible target of a
| 24 | | threat, attack, or act of terrorism; | 25 | | (3) discuss potential consequences to the organization | 26 | | if the site is damaged, destroyed, or disrupted by a |
| | | SB0169 | - 10 - | LRB103 26120 CPF 52475 b |
|
| 1 | | terrorist threat, attack, or act; | 2 | | (4) describe how the grant will be used to integrate | 3 | | organizational preparedness with broader State and local | 4 | | preparedness efforts , as described by the Agency in each
| 5 | | Notice of Opportunity for Funding ; | 6 | | (5) submit (i) a vulnerability assessment conducted by | 7 | | experienced security, law enforcement, or military | 8 | | personnel or conducted using an Agency-approved or federal
| 9 | | Nonprofit Security Grant Program self-assessment tool and
| 10 | | (ii) , and a description of how the grant award will be | 11 | | used to address the vulnerabilities identified in the | 12 | | assessment; and | 13 | | (6) submit any other relevant information as may be | 14 | | required by the Director. | 15 | | The Agency is authorized to use funds appropriated for the | 16 | | grant program described in this subsection (g-5) to administer | 17 | | the program. The Agency shall post on its website, and update
| 18 | | prior to each funding opportunity, a list of actively licensed
| 19 | | private security contractors maintained by the Department of | 20 | | Financial and Professional Regulation, a list of
local law | 21 | | enforcement departments across the State, and a list
of other | 22 | | entities that offer no-cost vulnerability
assessments. Any | 23 | | Agency Notice of Opportunity for Funding,
proposed or final | 24 | | rulemaking, guidance, training opportunity,
or other resource | 25 | | related to the grant program must be
published on the Agency's | 26 | | publicly available website, and any
announcements related to |
| | | SB0169 | - 11 - | LRB103 26120 CPF 52475 b |
|
| 1 | | funding shall be shared with all
Illinois legislative offices, | 2 | | the Governor's office, units of
local government, and any | 3 | | relevant State agency. An
application for a grant under the | 4 | | program may be submitted for
a period of no less than 45 | 5 | | calendar days during the first
application cycle of each | 6 | | fiscal year, subject to
appropriation. Additional application | 7 | | cycles may be conducted
during the same fiscal year, subject | 8 | | to availability of funds.
Agency staff shall work with any | 9 | | applicant needing assistance
in completing a grant application | 10 | | or meeting a post-award requirement. | 11 | | (h) Except as provided in Section 17.5 of this Act, any | 12 | | moneys received by the Agency from donations or sponsorships | 13 | | unrelated to a disaster shall be deposited in the Emergency | 14 | | Planning and Training Fund and used by the Agency, subject to | 15 | | appropriation, to effectuate planning and training activities. | 16 | | Any moneys received by the Agency from donations during a | 17 | | disaster and intended for disaster response or recovery shall | 18 | | be deposited into the Disaster Response and Recovery Fund and | 19 | | used for disaster response and recovery pursuant to the | 20 | | Disaster Relief Act. | 21 | | (i) The Illinois Emergency Management Agency may by rule | 22 | | assess and collect reasonable fees for attendance at | 23 | | Agency-sponsored conferences to enable the Agency to carry out | 24 | | the requirements of this Act. Any moneys received under this | 25 | | subsection shall be deposited in the Emergency Planning and | 26 | | Training Fund and used by the Agency, subject to |
| | | SB0169 | - 12 - | LRB103 26120 CPF 52475 b |
|
| 1 | | appropriation, for planning and training activities. | 2 | | (j) The Illinois Emergency Management Agency is authorized | 3 | | to make grants to other State agencies, public universities, | 4 | | units of local government, and statewide mutual aid | 5 | | organizations to enhance statewide emergency preparedness and | 6 | | response. | 7 | | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | 8 | | 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23.)
|
|