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1 | | The Illinois Emergency Management Agency and Office of |
2 | | Homeland Security . |
3 | | The Department of Financial and Professional Regulation. |
4 | | The Department of Healthcare and Family Services. |
5 | | The Department of Human Rights. |
6 | | The Department of Human Services. |
7 | | The Department of Innovation and Technology. |
8 | | The Department of Insurance. |
9 | | The Department of Juvenile Justice. |
10 | | The Department of Labor. |
11 | | The Department of the Lottery. |
12 | | The Department of Natural Resources. |
13 | | The Department of Public Health. |
14 | | The Department of Revenue. |
15 | | The Illinois State Police. |
16 | | The Department of Transportation. |
17 | | The Department of Veterans' Affairs. |
18 | | (Source: P.A. 102-538, eff. 8-20-21.)
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19 | | (20 ILCS 5/5-20) (was 20 ILCS 5/4) |
20 | | Sec. 5-20. Heads of departments. Each department shall |
21 | | have an officer as its head who shall be known as director or |
22 | | secretary and who shall, subject to the provisions of the |
23 | | Civil Administrative Code of Illinois, execute the powers and |
24 | | discharge the duties vested by law in his or her respective |
25 | | department. |
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1 | | The following officers are hereby created: |
2 | | Director of Aging, for the Department on Aging. |
3 | | Director of Agriculture, for the Department of |
4 | | Agriculture. |
5 | | Director of Central Management Services, for the |
6 | | Department of Central Management Services. |
7 | | Director of Children and Family Services, for the |
8 | | Department of Children and Family Services. |
9 | | Director of Commerce and Economic Opportunity, for the |
10 | | Department of Commerce and Economic Opportunity. |
11 | | Director of Corrections, for the Department of |
12 | | Corrections. |
13 | | Director of the Illinois Emergency Management Agency and |
14 | | Office of Homeland Security , for the Illinois Emergency |
15 | | Management Agency and Office of Homeland Security . |
16 | | Director of Employment Security, for the Department of |
17 | | Employment Security. |
18 | | Secretary of Financial and Professional Regulation, for |
19 | | the Department of Financial and Professional Regulation. |
20 | | Director of Healthcare and Family Services, for the |
21 | | Department of Healthcare and Family Services. |
22 | | Director of Human Rights, for the Department of Human |
23 | | Rights. |
24 | | Secretary of Human Services, for the Department of Human |
25 | | Services. |
26 | | Secretary of Innovation and Technology, for the Department |
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1 | | of Innovation and Technology. |
2 | | Director of Insurance, for the Department of Insurance. |
3 | | Director of Juvenile Justice, for the Department of |
4 | | Juvenile Justice. |
5 | | Director of Labor, for the Department of Labor. |
6 | | Director of the Lottery, for the Department of the |
7 | | Lottery. |
8 | | Director of Natural Resources, for the Department of |
9 | | Natural Resources. |
10 | | Director of Public Health, for the Department of Public |
11 | | Health. |
12 | | Director of Revenue, for the Department of Revenue. |
13 | | Director of the Illinois State Police, for the Illinois |
14 | | State Police. |
15 | | Secretary of Transportation, for the Department of |
16 | | Transportation. |
17 | | Director of Veterans' Affairs, for the Department of |
18 | | Veterans' Affairs. |
19 | | (Source: P.A. 102-538, eff. 8-20-21.)
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20 | | (20 ILCS 5/5-160) (was 20 ILCS 5/5.13h) |
21 | | Sec. 5-160. In the Illinois Emergency Management Agency |
22 | | and Office of Homeland Security . Assistant Director of the |
23 | | Emergency 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 |
3 | | and Office of Homeland Security. For terms beginning on or |
4 | | after January 16, 2023, the Director shall receive an annual |
5 | | salary of $180,000 or as set by the Governor, whichever is |
6 | | higher. On July 1, 2023, and on each July 1 thereafter, the |
7 | | Director shall receive an increase in salary based on a cost of |
8 | | living adjustment as authorized by Senate Joint Resolution 192 |
9 | | of the 86th General Assembly. |
10 | | For terms beginning on or after January 16, 2023, the |
11 | | Assistant Director of the Illinois Emergency Management Agency |
12 | | shall receive an annual salary of $156,600 or as set by the |
13 | | Governor, whichever is higher. On July 1, 2023, and on each |
14 | | July 1 thereafter, the Assistant Director shall receive an |
15 | | increase in salary based on a cost of living adjustment as |
16 | | authorized by Senate Joint Resolution 192 of the 86th General |
17 | | Assembly.
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18 | | Section 10. The Military Code of Illinois is amended by |
19 | | adding Section 29.1 as follows:
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20 | | (20 ILCS 1805/29.1 new) |
21 | | Sec. 29.1. Creation of Illinois Cyber Auxiliary Force. |
22 | | (a) The Governor may organize and maintain within this |
23 | | State, on a reserve basis, a volunteer civilian cybersecurity |
24 | | auxiliary force, known as the Illinois Cyber Auxiliary Force |
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1 | | (ICAF), that is capable of being expanded and trained to |
2 | | educate and protect from cyber incidents State, county, and |
3 | | local government entities and critical infrastructure, |
4 | | including election systems, businesses, and the citizens of |
5 | | this State. In the case of a disaster proclaimed by the |
6 | | Governor, or caused by illicit actors or imminent danger, the |
7 | | Governor, as Commander-in-Chief, shall expand the ICAF as the |
8 | | exigency of the occasion requires. |
9 | | (b) The ICAF shall be operated as an interagency effort |
10 | | between the Illinois Department of Military Affairs (IDMA), |
11 | | the Illinois Emergency Management Agency and Office of |
12 | | Homeland Security (IEMA-OHS), and the Department of Innovation |
13 | | and Technology (DoIT). |
14 | | (1) IEMA-OHS shall have oversight of the entire |
15 | | program and act as the lead agency for the ICAF for mission |
16 | | and project development. The Homeland Security Advisor |
17 | | shall be the final approval for ICAF missions. IEMA-OHS |
18 | | shall be responsible for the evaluation and exercising of |
19 | | the ICAF. |
20 | | (2) DoIT shall evaluate threats and recommend missions |
21 | | to the Homeland Security Advisor. DoIT shall develop |
22 | | standards and training for ICAF members, while ensuring |
23 | | their training and credentials meet mission requirements. |
24 | | DoIT cyber navigators may provide liaison support to the |
25 | | ICAF. |
26 | | (3) IDMA shall focus on recruiting, manning, and |
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1 | | mission assignments. IDMA shall provide key sustainment |
2 | | requirements, such as pay and reimbursement for missions |
3 | | utilizing existing State Active Duty systems and |
4 | | processes. The Adjutant General, in cooperation with the |
5 | | Homeland Security Advisor, shall request activation of |
6 | | ICAF for cyber incident response. IDMA shall stock and |
7 | | issue uniform articles as required. |
8 | | (c) Appropriate training shall be provided to current and |
9 | | potential members of the ICAF. While performing training and |
10 | | other volunteer duties such as public engagement, current and |
11 | | potential auxiliary members shall serve in an unpaid volunteer |
12 | | status. |
13 | | (d) The ICAF shall use funds appropriated by the General |
14 | | Assembly for the actual and necessary expenses incurred by the |
15 | | ICAF for administration, training, and deployment of the ICAF, |
16 | | at the discretion of the Director of IEMA-OHS or the |
17 | | Director's designee. Expenses for administration, training, |
18 | | and deployment may include, but are not limited to, permanent |
19 | | or temporary State employees or contractual internal or |
20 | | external administrative staff, travel and subsistence |
21 | | expenses, the purchase or rental of equipment and hardware, |
22 | | and local operational support. |
23 | | (e) The Director of IEMA-OHS shall adopt rules consistent |
24 | | with the provisions of law governing the membership, |
25 | | organization, administration, equipment, and maintenance of |
26 | | the ICAF. |
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1 | | (f) ICAF members may not be called or ordered into the |
2 | | military service of the United States. |
3 | | (g) No person shall be accepted into the ICAF who is not a |
4 | | United States national or a lawful permanent resident. |
5 | | Applicants shall be subject to an appropriate background |
6 | | check, in accordance with rules adopted by the Director of |
7 | | IEMA-OHS, before admittance into the ICAF. Notwithstanding any |
8 | | other provision of this Code, no person shall be disqualified |
9 | | from acceptance into the ICAF on the basis that the person is |
10 | | an employee of the State or a political subdivision of the |
11 | | State, or an employee or proprietor of a private entity that |
12 | | conducts business with the State or a political subdivision of |
13 | | the State. |
14 | | (h) The Director of IEMA-OHS may accept the resignation of |
15 | | any ICAF member at any time. ICAF members serve at the pleasure |
16 | | of the Governor and may be removed from the auxiliary in |
17 | | accordance with adopted rules. The Director of IEMA-OHS may |
18 | | require reimbursement for training, equipment, and uniforms if |
19 | | an ICAF member does not serve the full term of the member's |
20 | | membership agreement and the member's inability to serve out |
21 | | the term of the membership agreement was not due to a |
22 | | disability or a similar disabling medical condition. |
23 | | (i) The Governor, may authorize the Director of IEMA-OHS |
24 | | to employ individuals or units of the ICAF as compensated |
25 | | State employees using IDMA State Active Duty procedures to |
26 | | protect State, county, and local government entities and |
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1 | | critical infrastructure, including election systems, or for |
2 | | training as the Governor determines necessary. ".
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3 | | Section 15. The Illinois Emergency Management Agency Act |
4 | | is amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 10, 12, |
5 | | 14, 18, 20, and 23 and by adding Sections 24 and 25 as follows:
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6 | | (20 ILCS 3305/1) (from Ch. 127, par. 1051) |
7 | | Sec. 1. Short Title. This Act may be cited as the IEMA-OHS |
8 | | Illinois Emergency Management Agency Act. |
9 | | (Source: P.A. 87-168.)
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10 | | (20 ILCS 3305/2) (from Ch. 127, par. 1052) |
11 | | Sec. 2. Policy and Purposes. |
12 | | (a) Because of the possibility of the occurrence of |
13 | | disasters of unprecedented size and destructiveness resulting |
14 | | from the explosion in this or in neighboring states of atomic |
15 | | or other means from without or by means of sabotage or other |
16 | | disloyal actions within, or from fire, flood, earthquake, |
17 | | telecommunications failure, or other natural or technological |
18 | | causes, and in order to insure that this State will be prepared |
19 | | to and will adequately deal with any disasters, preserve the |
20 | | lives and property of the people of this State and protect the |
21 | | public peace, health, and safety in the event of a disaster, it |
22 | | is found and declared to be necessary: |
23 | | (1) To create a State emergency management and |
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1 | | homeland security agency an Illinois Emergency Management |
2 | | Agency and to authorize emergency management and homeland |
3 | | security programs within the political subdivisions of the |
4 | | State. |
5 | | (2) To confer upon the Governor and upon the principal |
6 | | executive officer of the political subdivisions of the |
7 | | State the powers provided herein. |
8 | | (3) To provide for the rendering of mutual aid among |
9 | | the political subdivisions and taxing districts of the |
10 | | State and with other states and with respect to the |
11 | | carrying out of an emergency management and homeland |
12 | | security programs program . |
13 | | (b) It is further declared to be the purpose of this Act |
14 | | and the policy of the State that all emergency management and |
15 | | homeland security programs of this State be coordinated to the |
16 | | maximum extent with the comparable programs of the federal |
17 | | government, including its various departments and agencies, of |
18 | | other states and localities and private agencies of every |
19 | | type, to the end that the most effective preparation and use |
20 | | may be made of the nation's resources and facilities for |
21 | | dealing with any disaster that may occur. |
22 | | (Source: P.A. 87-168; 88-606, eff. 1-1-95.)
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23 | | (20 ILCS 3305/4) (from Ch. 127, par. 1054) |
24 | | Sec. 4. Definitions. As used in this Act, unless the |
25 | | context clearly indicates otherwise, the following words and |
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1 | | terms have the meanings ascribed to them in this Section: |
2 | | "Agency" or "IEMA-OHS" means the Illinois Emergency |
3 | | Management Agency and Office of Homeland Security. |
4 | | "Coordinator" means the staff assistant to the principal |
5 | | executive officer of a political subdivision with the duty of |
6 | | coordinating the emergency management programs of that |
7 | | political subdivision. |
8 | | "Cyber incident" means an event occurring on or conducted |
9 | | through a computer network that actually or imminently |
10 | | jeopardizes the integrity, confidentiality, or availability of |
11 | | computers, information or communications systems or networks, |
12 | | physical or virtual infrastructure controlled by computers or |
13 | | information systems, or information resident thereon that |
14 | | affect or control infrastructure or communications networks |
15 | | utilized by the public. "Cyber incident" includes a |
16 | | vulnerability in information systems, system security |
17 | | procedures, internal controls, or implementations that could |
18 | | be exploited by a threat source that affect or control |
19 | | infrastructure or communications networks utilized by the |
20 | | public. |
21 | | "Director" means the Director of the Illinois Emergency |
22 | | Management Agency and Office of Homeland Security. |
23 | | "Disaster" means an occurrence or threat of widespread or |
24 | | severe damage, injury or loss of life or property resulting |
25 | | from any natural, technological, or human cause, including but |
26 | | not limited to fire, flood, earthquake, wind, storm, hazardous |
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1 | | materials spill or other water contamination requiring |
2 | | emergency action to avert danger or damage, epidemic, air |
3 | | contamination, blight, extended periods of severe and |
4 | | inclement weather, drought, infestation, critical shortages of |
5 | | essential fuels and energy, explosion, riot, hostile military |
6 | | or paramilitary action, public health emergencies, cyber |
7 | | incidents, or acts of domestic terrorism. |
8 | | "Emergency Management" means the efforts of the State and |
9 | | the political subdivisions to develop, plan, analyze, conduct, |
10 | | provide, implement and maintain programs for disaster |
11 | | mitigation, preparedness, response and recovery. |
12 | | "Emergency Services and Disaster Agency" means the agency |
13 | | by this name, by the name Emergency Management Agency, or by |
14 | | any other name that is established by ordinance within a |
15 | | political subdivision to coordinate the emergency management |
16 | | program within that political subdivision and with private |
17 | | organizations, other political subdivisions, the State and |
18 | | federal governments. |
19 | | "Emergency Operations Plan" means the written plan of the |
20 | | State and political subdivisions describing the organization, |
21 | | mission, and functions of the government and supporting |
22 | | services for responding to and recovering from disasters and |
23 | | shall include plans that take into account the needs of those |
24 | | individuals with household pets and service animals following |
25 | | a major disaster or emergency. |
26 | | "Emergency Services" means the coordination of functions |
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1 | | by the State and its political subdivisions subdivision , other |
2 | | than functions for which military forces are primarily |
3 | | responsible, as may be necessary or proper to prevent, |
4 | | minimize, repair, and alleviate injury and damage resulting |
5 | | from any natural or technological causes. These functions |
6 | | include, without limitation, fire fighting services, police |
7 | | services, emergency aviation services, medical and health |
8 | | services, HazMat and technical rescue teams, rescue, |
9 | | engineering, warning services, communications, radiological, |
10 | | chemical and other special weapons defense, evacuation of |
11 | | persons from stricken or threatened areas, emergency assigned |
12 | | functions of plant protection, temporary restoration of public |
13 | | utility services and other functions related to civilian |
14 | | protection, together with all other activities necessary or |
15 | | incidental to protecting life or property. |
16 | | "Exercise" means an event or activity delivered through |
17 | | discussion or action to develop, assess, or validate |
18 | | capabilities to achieve planned objectives. a planned event |
19 | | realistically simulating a disaster, conducted for the purpose |
20 | | of evaluating the political subdivision's coordinated |
21 | | emergency management capabilities, including, but not limited |
22 | | to, testing the emergency operations plan. |
23 | | "HazMat team" means a career or volunteer mobile support |
24 | | team that has been authorized by a unit of local government to |
25 | | respond to hazardous materials emergencies and that is |
26 | | primarily designed for emergency response to chemical or |
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1 | | biological terrorism, radiological emergencies, hazardous |
2 | | material spills, releases, or fires, or other contamination |
3 | | events. |
4 | | "Illinois Emergency Management Agency and Office of |
5 | | Homeland Security " or "Agency" means the agency established by |
6 | | this Act within the executive branch of State Government |
7 | | responsible for coordination of the overall emergency |
8 | | management and homeland security programs program of the State |
9 | | and with private organizations, political subdivisions, and |
10 | | the federal government. Illinois Emergency Management Agency |
11 | | and Office of Homeland Security also means the State Emergency |
12 | | Response Commission responsible for the implementation of |
13 | | Title III of the Superfund Amendments and Reauthorization Act |
14 | | of 1986. |
15 | | "Interoperable communications" means communications, |
16 | | including the exchange of voice data, and video on demand in |
17 | | real time, by emergency response providers and relevant State |
18 | | and local government agencies through a dedicated public |
19 | | safety network using information technology systems and radio |
20 | | communications systems. |
21 | | "Mobile Support Team" means a group of individuals |
22 | | designated as a team by the Governor or Director to train prior |
23 | | to and to be dispatched, if the Governor or the Director so |
24 | | determines, to aid and reinforce the State and political |
25 | | subdivision emergency management efforts in response to a |
26 | | disaster. |
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1 | | "Municipality" means any city, village, and incorporated |
2 | | town. |
3 | | "Political Subdivision" means any county, city, village, |
4 | | or incorporated town or township if the township is in a county |
5 | | having a population of more than 2,000,000. |
6 | | "Principal Executive Officer" means chair of the county |
7 | | board, supervisor of a township if the township is in a county |
8 | | having a population of more than 2,000,000, mayor of a city or |
9 | | incorporated town, president of a village, or in their absence |
10 | | or disability, the interim successor as established under |
11 | | Section 7 of the Emergency Interim Executive Succession Act. |
12 | | "Public health emergency" means an occurrence or imminent |
13 | | threat of an illness or health condition that: |
14 | | (a) is believed to be caused by any of the following: |
15 | | (i) bioterrorism; |
16 | | (ii) the appearance of a novel or previously |
17 | | controlled or eradicated infectious agent or |
18 | | biological toxin; |
19 | | (iii) a natural disaster; |
20 | | (iv) a chemical attack or accidental release; or |
21 | | (v) a nuclear attack or accident; and |
22 | | (b) poses a high probability of any of the following |
23 | | harms: |
24 | | (i) a large number of deaths in the affected |
25 | | population; |
26 | | (ii) a large number of serious or long-term |
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1 | | disabilities in the affected population; or |
2 | | (iii) widespread exposure to an infectious or |
3 | | toxic agent that poses a significant risk of |
4 | | substantial future harm to a large number of people in |
5 | | the affected population. |
6 | | "Statewide mutual aid organization" means an entity with |
7 | | local government members throughout the State that facilitates |
8 | | temporary assistance through its members in a particular |
9 | | public safety discipline, such as police, fire or emergency |
10 | | management, when an occurrence exceeds a member jurisdiction's |
11 | | capabilities. |
12 | | "Technical rescue team" means a career or volunteer mobile |
13 | | support team that has been authorized by a unit of local |
14 | | government to respond to building collapse, high angle rescue, |
15 | | and other specialized rescue emergencies and that is primarily |
16 | | designated for emergency response to technical rescue events. |
17 | | (Source: P.A. 102-485, eff. 8-20-21.)
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18 | | (20 ILCS 3305/5) (from Ch. 127, par. 1055) |
19 | | Sec. 5. Illinois Emergency Management Agency and Office of |
20 | | Homeland Security . |
21 | | (a) Establishment of the Illinois Emergency Management |
22 | | Agency and Office of Homeland Security. There is created |
23 | | within the executive branch of the State Government an |
24 | | Illinois Emergency Management Agency and Office of Homeland |
25 | | Security and a Director of the Illinois Emergency Management |
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1 | | Agency and Office of Homeland Security , herein called the |
2 | | "Director" who shall be the head of the Agency thereof . The |
3 | | Director shall be appointed by the Governor, with the advice |
4 | | and consent of the Senate, and shall serve for a term of 2 |
5 | | years beginning on the third Monday in January of the |
6 | | odd-numbered year, and until a successor is appointed and has |
7 | | qualified ; except that the term of the first Director |
8 | | appointed under this Act shall expire on the third Monday in |
9 | | January, 1989 . The Director shall not hold any other |
10 | | remunerative public office. For terms beginning after January |
11 | | 18, 2019 (the effective date of Public Act 100-1179) and |
12 | | before January 16, 2023, the annual salary of the Director |
13 | | shall be as provided in Section 5-300 of the Civil |
14 | | Administrative Code of Illinois. Notwithstanding any other |
15 | | provision of law, for terms beginning on or after January 16, |
16 | | 2023, the Director shall receive an annual salary of $180,000 |
17 | | or as set by the Governor, whichever is higher. On July 1, |
18 | | 2023, and on each July 1 thereafter, the Director shall |
19 | | receive an increase in salary based on a cost of living |
20 | | adjustment as authorized by Senate Joint Resolution 192 of the |
21 | | 86th General Assembly. |
22 | | For terms beginning on or after January 16, 2023, the |
23 | | Assistant Director of the Illinois Emergency Management Agency |
24 | | shall receive an annual salary of $156,600 or as set by the |
25 | | Governor, whichever is higher. On July 1, 2023, and on each |
26 | | July 1 thereafter, the Assistant Director shall receive an |
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1 | | increase in salary based on a cost of living adjustment as |
2 | | authorized by Senate Joint Resolution 192 of the 86th General |
3 | | Assembly. |
4 | | (b) Agency personnel. The Illinois Emergency Management |
5 | | Agency shall obtain, under the provisions of the Personnel |
6 | | Code, technical, clerical, stenographic and other |
7 | | administrative personnel, and may make expenditures within the |
8 | | appropriation therefor as may be necessary to carry out the |
9 | | purpose of this Act. The agency created by this Act is intended |
10 | | to be a successor to the agency created under the Illinois |
11 | | Emergency Services and Disaster Agency Act of 1975 and the |
12 | | personnel, equipment, records, and appropriations of that |
13 | | agency are transferred to the successor agency as of June 30, |
14 | | 1988 (the effective date of this Act). |
15 | | (c) Responsibilities of the Director. The Director, |
16 | | subject to the direction and control of the Governor, shall be |
17 | | the executive head of the Illinois Emergency Management Agency |
18 | | and the State Emergency Response Commission and shall be |
19 | | responsible under the direction of the Governor, for carrying |
20 | | out the programs program for emergency management , nuclear and |
21 | | radiation safety, and homeland security of this State. The |
22 | | Director shall also maintain liaison and cooperate with the |
23 | | emergency management , nuclear and radiation safety, and |
24 | | homeland security organizations of this State and other states |
25 | | and of the federal government. |
26 | | (d) Local emergency operations planning. The Illinois |
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1 | | Emergency Management Agency shall take an integral part in the |
2 | | development and revision of political subdivision emergency |
3 | | operations plans prepared under paragraph (f) of Section 10. |
4 | | To this end it shall employ or otherwise secure the services of |
5 | | professional and technical personnel capable of providing |
6 | | expert assistance to the emergency services and disaster |
7 | | agencies. These personnel shall consult with emergency |
8 | | services and disaster agencies on a regular basis and shall |
9 | | make field examinations of the areas, circumstances, and |
10 | | conditions that particular political subdivision emergency |
11 | | operations plans are intended to apply. |
12 | | (e) Local Emergency Planning Committee. The Illinois |
13 | | Emergency Management Agency and political subdivisions shall |
14 | | be encouraged to form an emergency management advisory |
15 | | committee composed of private and public personnel |
16 | | representing the emergency management phases of mitigation, |
17 | | preparedness, response, and recovery. The Local Emergency |
18 | | Planning Committee, as created under the Illinois Emergency |
19 | | Planning and Community Right to Know Act, shall serve as an |
20 | | advisory committee to the emergency services and disaster |
21 | | agency or agencies serving within the boundaries of that Local |
22 | | Emergency Planning Committee planning district for: |
23 | | (1) the development of emergency operations plan |
24 | | provisions for hazardous chemical emergencies; and |
25 | | (2) the assessment of emergency response capabilities |
26 | | related to hazardous chemical emergencies. |
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1 | | (f) Emergency management responsibilities of the Agency. |
2 | | The Illinois Emergency Management Agency shall: |
3 | | (1) Coordinate the overall emergency management |
4 | | program of the State. |
5 | | (2) Cooperate with local governments, the federal |
6 | | government, and any public or private agency or entity in |
7 | | achieving any purpose of this Act and in implementing |
8 | | emergency management programs for mitigation, |
9 | | preparedness, response, and recovery. |
10 | | (2.5) (Blank). Develop a comprehensive emergency |
11 | | preparedness and response plan for any nuclear accident in |
12 | | accordance with Section 65 of the Nuclear Safety Law of |
13 | | 2004 and in development of the Illinois Nuclear Safety |
14 | | Preparedness program in accordance with Section 8 of the |
15 | | Illinois Nuclear Safety Preparedness Act. |
16 | | (2.6) Coordinate with the Department of Public Health |
17 | | with respect to planning for and responding to public |
18 | | health emergencies. |
19 | | (3) Prepare, for issuance by the Governor, executive |
20 | | orders, proclamations, and regulations as necessary or |
21 | | appropriate in coping with disasters. |
22 | | (4) Promulgate rules and requirements for political |
23 | | subdivision emergency operations plans that are not |
24 | | inconsistent with and are at least as stringent as |
25 | | applicable federal laws and regulations. |
26 | | (5) Review and approve, in accordance with Illinois |
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1 | | Emergency Management Agency rules, emergency operations |
2 | | plans for those political subdivisions required to have an |
3 | | emergency services and disaster agency pursuant to this |
4 | | Act. |
5 | | (5.5) Promulgate rules and requirements for the |
6 | | political subdivision emergency management exercises, |
7 | | including, but not limited to, exercises of the emergency |
8 | | operations plans. |
9 | | (5.10) Review, evaluate, and approve, in accordance |
10 | | with Illinois Emergency Management Agency rules, political |
11 | | subdivision emergency management exercises for those |
12 | | political subdivisions required to have an emergency |
13 | | services and disaster agency pursuant to this Act. |
14 | | (6) Determine requirements of the State and its |
15 | | political subdivisions for food, clothing, and other |
16 | | necessities in event of a disaster. |
17 | | (7) Establish a register of persons with types of |
18 | | emergency management training and skills in mitigation, |
19 | | preparedness, response, and recovery. |
20 | | (8) Establish a register of government and private |
21 | | response resources available for use in a disaster. |
22 | | (9) Expand the Earthquake Awareness Program and its |
23 | | efforts to distribute earthquake preparedness materials to |
24 | | schools, political subdivisions, community groups, civic |
25 | | organizations, and the media. Emphasis will be placed on |
26 | | those areas of the State most at risk from an earthquake. |
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1 | | Maintain the list of all school districts, hospitals, |
2 | | airports, power plants, including nuclear power plants, |
3 | | lakes, dams, emergency response facilities of all types, |
4 | | and all other major public or private structures which are |
5 | | at the greatest risk of damage from earthquakes under |
6 | | circumstances where the damage would cause subsequent harm |
7 | | to the surrounding communities and residents. |
8 | | (10) Disseminate all information, completely and |
9 | | without delay, on water levels for rivers and streams and |
10 | | any other data pertaining to potential flooding supplied |
11 | | by the Division of Water Resources within the Department |
12 | | of Natural Resources to all political subdivisions to the |
13 | | maximum extent possible. |
14 | | (11) Develop agreements, if feasible, with medical |
15 | | supply and equipment firms to supply resources as are |
16 | | necessary to respond to an earthquake or any other |
17 | | disaster as defined in this Act. These resources will be |
18 | | made available upon notifying the vendor of the disaster. |
19 | | Payment for the resources will be in accordance with |
20 | | Section 7 of this Act. The Illinois Department of Public |
21 | | Health shall determine which resources will be required |
22 | | and requested. |
23 | | (11.5) In coordination with the Illinois State Police, |
24 | | develop and implement a community outreach program to |
25 | | promote awareness among the State's parents and children |
26 | | of child abduction prevention and response. |
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1 | | (12) Out of funds appropriated for these purposes, |
2 | | award capital and non-capital grants to Illinois hospitals |
3 | | or health care facilities located outside of a city with a |
4 | | population in excess of 1,000,000 to be used for purposes |
5 | | that include, but are not limited to, preparing to respond |
6 | | to mass casualties and disasters, maintaining and |
7 | | improving patient safety and quality of care, and |
8 | | protecting the confidentiality of patient information. No |
9 | | single grant for a capital expenditure shall exceed |
10 | | $300,000. No single grant for a non-capital expenditure |
11 | | shall exceed $100,000. In awarding such grants, preference |
12 | | shall be given to hospitals that serve a significant |
13 | | number of Medicaid recipients, but do not qualify for |
14 | | disproportionate share hospital adjustment payments under |
15 | | the Illinois Public Aid Code. To receive such a grant, a |
16 | | hospital or health care facility must provide funding of |
17 | | at least 50% of the cost of the project for which the grant |
18 | | is being requested. In awarding such grants , the Illinois |
19 | | Emergency Management Agency shall consider the |
20 | | recommendations of the Illinois Hospital Association. |
21 | | (13) (Blank). Do all other things necessary, |
22 | | incidental or appropriate for the implementation of this |
23 | | Act. |
24 | | (g) School and campus grants. The Illinois Emergency |
25 | | Management Agency is authorized to make grants to various |
26 | | higher education institutions, public K-12 school districts, |
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1 | | area vocational centers as designated by the State Board of |
2 | | Education, inter-district special education cooperatives, |
3 | | regional safe schools, and nonpublic K-12 schools for safety |
4 | | and security improvements. For the purpose of this subsection |
5 | | (g), "higher education institution" means a public university, |
6 | | a public community college, or an independent, not-for-profit |
7 | | or for-profit higher education institution located in this |
8 | | State. Grants made under this subsection (g) shall be paid out |
9 | | of moneys appropriated for that purpose from the Build |
10 | | Illinois Bond Fund. The Illinois Emergency Management Agency |
11 | | shall adopt rules to implement this subsection (g). These |
12 | | rules may specify: (1) (i) the manner of applying for grants; |
13 | | (2) (ii) project eligibility requirements; (3) (iii) |
14 | | restrictions on the use of grant moneys; (4) (iv) the manner in |
15 | | which the various higher education institutions must account |
16 | | for the use of grant moneys; and (5) (v) any other provision |
17 | | that the Illinois Emergency Management Agency determines to be |
18 | | necessary or useful for the administration of this subsection |
19 | | (g). |
20 | | (g-5) State not-for-profit security grants. The Illinois |
21 | | Emergency Management Agency is authorized to make grants to |
22 | | not-for-profit organizations which are exempt from federal |
23 | | income taxation under section 501(c)(3) of the Federal |
24 | | Internal Revenue Code for eligible security improvements that |
25 | | assist the organization in preventing, preparing for, or |
26 | | responding to threats, attacks, or acts of terrorism. To be |
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1 | | eligible for a grant under the program, the Agency must |
2 | | determine that the organization is at a high risk of being |
3 | | subject to threats, attacks, or acts of terrorism based on the |
4 | | organization's profile, ideology, mission, or beliefs. |
5 | | Eligible security improvements shall include all eligible |
6 | | preparedness activities under the federal Nonprofit Security |
7 | | Grant Program, including, but not limited to, physical |
8 | | security upgrades, security training exercises, preparedness |
9 | | training exercises, contracting with security personnel, and |
10 | | any other security upgrades deemed eligible by the Director. |
11 | | Eligible security improvements shall not duplicate, in part or |
12 | | in whole, a project included under any awarded federal grant |
13 | | or in a pending federal application. The Director shall |
14 | | establish procedures and forms by which applicants may apply |
15 | | for a grant and procedures for distributing grants to |
16 | | recipients. Any security improvements awarded shall remain at |
17 | | the physical property listed in the grant application, unless |
18 | | authorized by Agency rule or approved by the Agency in |
19 | | writing. The procedures shall require each applicant to do the |
20 | | following: |
21 | | (1) identify and substantiate prior or current |
22 | | threats, attacks, or acts of terrorism against the |
23 | | not-for-profit organization; |
24 | | (2) indicate the symbolic or strategic value of one or |
25 | | more sites that renders the site a possible target of a |
26 | | threat, attack, or act of terrorism; |
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1 | | (3) discuss potential consequences to the organization |
2 | | if the site is damaged, destroyed, or disrupted by a |
3 | | threat, attack, or act of terrorism; |
4 | | (4) describe how the grant will be used to integrate |
5 | | organizational preparedness with broader State and local |
6 | | preparedness efforts, as described by the Agency in each |
7 | | Notice of Opportunity for Funding; |
8 | | (5) submit (i) a vulnerability assessment conducted by |
9 | | experienced security, law enforcement, or military |
10 | | personnel, or conducted using an Agency-approved or |
11 | | federal Nonprofit Security Grant Program self-assessment |
12 | | tool, and (ii) a description of how the grant award will be |
13 | | used to address the vulnerabilities identified in the |
14 | | assessment; and |
15 | | (6) submit any other relevant information as may be |
16 | | required by the Director. |
17 | | The Agency is authorized to use funds appropriated for the |
18 | | grant program described in this subsection (g-5) to administer |
19 | | the program. |
20 | | Any Agency Notice of Opportunity for Funding, proposed or |
21 | | final rulemaking, guidance, training opportunity, or other |
22 | | resource related to the grant program must be published on the |
23 | | Agency's publicly available website, and any announcements |
24 | | related to funding shall be shared with all State legislative |
25 | | offices, the Governor's office, emergency services and |
26 | | disaster agencies mandated or required pursuant to subsections |
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1 | | (b) through (d) of Section 10, and any other State agencies as |
2 | | determined by the Agency. Subject to appropriation, the grant |
3 | | application period shall be open for no less than 45 calendar |
4 | | days during the first application cycle each fiscal year, |
5 | | unless the Agency determines that a shorter period is |
6 | | necessary to avoid conflicts with the annual federal Nonprofit |
7 | | Security Grant Program funding cycle. Additional application |
8 | | cycles may be conducted during the same fiscal year, subject |
9 | | to availability of funds. Upon request, Agency staff shall |
10 | | provide reasonable assistance to any applicant in completing a |
11 | | grant application or meeting a post-award requirement. |
12 | | (g-10) Homeland Security Advisor. |
13 | | (1) A Homeland Security Advisor shall be appointed by |
14 | | the Governor, by and with the advice and consent of the |
15 | | Senate, shall report to the Governor. The Homeland |
16 | | Security Advisor shall: |
17 | | (A) advise the Governor or the Governor's |
18 | | designees on matters of homeland security and |
19 | | coordinate Illinois' homeland security and |
20 | | preparedness efforts across all levels of government, |
21 | | in order to protect the people and critical |
22 | | infrastructure of Illinois; |
23 | | (B) coordinate a uniform and cooperative |
24 | | statewide, strategic response to homeland security |
25 | | threats as defined by, and in the sole discretion of, |
26 | | the Governor; |
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1 | | (C) coordinate and provide policy recommendations |
2 | | to the Governor and other State agencies on all |
3 | | matters pertaining to homeland security; |
4 | | (D) utilize the expertise and assistance of all |
5 | | State agencies, commissions, and boards to carry out |
6 | | their mission in support of the State's homeland |
7 | | security efforts; each State agency, commission, or |
8 | | board shall be required, to the extent not |
9 | | inconsistent with law, to cooperate with the Homeland |
10 | | Security Advisor; to facilitate a unified State |
11 | | strategy on matters of homeland security, all State |
12 | | agencies, boards, and commissions shall provide |
13 | | briefings to the Homeland Security Advisor regularly |
14 | | and upon request; |
15 | | (E) serve as the State's primary liaison with all |
16 | | federal agencies pertaining to homeland security |
17 | | matters for the State; |
18 | | (F) consistent with the United States Department |
19 | | of Homeland Security standard operating procedures and |
20 | | guidance, oversee and approve security clearance |
21 | | requests for State personnel sent to the federal |
22 | | government for final adjudication; coordinate with |
23 | | Illinois State Police on such clearance requests for |
24 | | law enforcement personnel; this subparagraph (F) shall |
25 | | not apply to clearances issued by the Department of |
26 | | Defense; and |
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1 | | (G) perform other duties related to homeland |
2 | | security as directed by the Governor or the Governor's |
3 | | designees. |
4 | | (2) A Deputy Homeland Security Advisor, reporting to |
5 | | the Homeland Security Advisor, shall be recommended by the |
6 | | Homeland Security Advisor and appointed by the Governor. |
7 | | The Deputy Homeland Security Advisor shall: |
8 | | (A) assume responsibilities of the Homeland |
9 | | Security Advisor as needed or directed by the Governor |
10 | | or Homeland Security Advisor; |
11 | | (B) serve as the Deputy Director of the Office of |
12 | | Homeland Security within the Agency; |
13 | | (C) develop and execute the State's unified |
14 | | homeland security strategy; |
15 | | (D) serve as a representative of the Homeland |
16 | | Security Advisor and the Agency's Office of Homeland |
17 | | Security with all State agencies, commissions, and |
18 | | boards for matters pertaining to homeland security; |
19 | | and |
20 | | (E) serve as a representative of the Homeland |
21 | | Security Advisor and State with all federal agencies |
22 | | for matters pertaining to homeland security. |
23 | | (3) The Homeland Security Advisor or Deputy Homeland |
24 | | Security Advisor shall provide briefings to the Governor |
25 | | and Lieutenant Governor as directed. |
26 | | (4) The Agency shall coordinate with and provide |
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1 | | administrative support for the Homeland Security Advisor |
2 | | and house the State's Office of Homeland Security. The |
3 | | Director shall coordinate with the Homeland Security |
4 | | Advisor to ensure the duties and actions of the Office of |
5 | | Homeland Security are aligned with the State's homeland |
6 | | security strategic goals and priorities. |
7 | | (g-15) Homeland Security responsibilities of the Agency. |
8 | | The Agency, through its Office of Homeland Security, shall: |
9 | | (1) support the Homeland Security Advisor in the |
10 | | administration and coordination of homeland security and |
11 | | preparedness efforts across all levels of government to |
12 | | protect the people and critical infrastructure of |
13 | | Illinois; |
14 | | (2) oversee, plan, and distribute State and federal |
15 | | funding for homeland security on the basis of risk, |
16 | | threat, and vulnerability to ensure the most effective use |
17 | | of limited resources, and guarantee that funds are used |
18 | | for appropriate and necessary purposes; |
19 | | (3) review all proposed State legislation pertaining |
20 | | to homeland security matters and report to the Homeland |
21 | | Security Advisor about such proposed legislation; review |
22 | | existing legislation and recommend modifications, |
23 | | amendments, or initiatives to support or enhance the |
24 | | State's homeland security and preparedness capabilities; |
25 | | (4) ensure the implementation of the strategic |
26 | | response and policy recommendations of the Governor and |
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1 | | Homeland Security Advisor pertaining to all matters of |
2 | | homeland security; |
3 | | (5) coordinate with all State agencies, commissions, |
4 | | and boards, regarding matters of homeland security; |
5 | | (6) coordinate with the Illinois State Police to |
6 | | provide the United States Department of Homeland Security |
7 | | with relevant reporting metrics and data pertaining to the |
8 | | State; |
9 | | (7) develop, at the direction of the Homeland Security |
10 | | Advisor, and in cooperation with the Illinois State Police |
11 | | and other appropriate State agencies, appropriate |
12 | | protocols, staffing, training, and equipment guidelines |
13 | | for the weapons of mass destruction teams that the |
14 | | Governor, or the Governor's designee, may deploy in the |
15 | | event or threat of a disaster; |
16 | | (8) lead the State's homeland security public |
17 | | education and risk communication messaging; and |
18 | | (9) adopt rules necessary for implementation of |
19 | | homeland security programs. |
20 | | (g-20) Nuclear and radiation safety responsibilities of |
21 | | the Agency. The Agency shall be responsible for nuclear and |
22 | | radiation safety and shall: |
23 | | (1) exercise, administer, and enforce all rights, |
24 | | powers, and duties for nuclear and radiation safety |
25 | | authorized in the Nuclear Safety Law of 2004 or successor |
26 | | statutes; |
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1 | | (2) develop a comprehensive emergency preparedness and |
2 | | response plan for any nuclear accident in accordance with |
3 | | Section 65 of the Nuclear Safety Law of 2004 and an |
4 | | Illinois nuclear safety preparedness program in accordance |
5 | | with Section 8 of the Illinois Nuclear Safety Preparedness |
6 | | Act or successor statutes; and |
7 | | (3) have the right to enter on public and private |
8 | | property in order to take environmental samples for |
9 | | response to a disaster that reasonably could have caused |
10 | | radioactive contamination. |
11 | | (h) Donations and sponsorships. Except as provided in |
12 | | Section 17.5 of this Act, any moneys received by the Agency |
13 | | from donations or sponsorships unrelated to a disaster shall |
14 | | be deposited in the Emergency Planning and Training Fund and |
15 | | used by the Agency, subject to appropriation, to effectuate |
16 | | planning and training activities. Any moneys received by the |
17 | | Agency from donations during a disaster and intended for |
18 | | disaster response or recovery shall be deposited into the |
19 | | Disaster Response and Recovery Fund and used for disaster |
20 | | response and recovery pursuant to the Disaster Relief Act. |
21 | | (i) Conference fees. The Illinois Emergency Management |
22 | | Agency may , by rule , assess and collect reasonable fees for |
23 | | attendance at Agency-sponsored conferences to enable the |
24 | | Agency to carry out the requirements of this Act. Any moneys |
25 | | received under this subsection shall be deposited in the |
26 | | Emergency Planning and Training Fund and used by the Agency, |
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1 | | subject to appropriation, for planning and training |
2 | | activities. |
3 | | (j) Other grant-making powers. The Illinois Emergency |
4 | | Management Agency is authorized to make grants to other State |
5 | | agencies, public universities, units of local government, and |
6 | | statewide mutual aid organizations to enhance statewide |
7 | | emergency preparedness and response. |
8 | | (k) Agency's responsibility to implement and administer |
9 | | the Act. The Agency shall do all other things necessary, |
10 | | incidental, or appropriate for the implementation of this Act, |
11 | | including the adoption of rules in accordance with the |
12 | | Illinois Administrative Procedure Act. |
13 | | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; |
14 | | 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. |
15 | | 1-1-24 .)
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16 | | (20 ILCS 3305/6) (from Ch. 127, par. 1056) |
17 | | Sec. 6. Emergency Management Powers of the Governor. |
18 | | (a) The Governor shall have general direction and control |
19 | | of the Illinois Emergency Management Agency and shall be |
20 | | responsible for the carrying out of the provisions of this |
21 | | Act. |
22 | | (b) In performing duties under this Act, the Governor is |
23 | | authorized to cooperate with the federal government and with |
24 | | other states in all matters pertaining to emergency |
25 | | management , nuclear and radiation safety, and homeland |
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1 | | security . |
2 | | (c) In performing duties under this Act, the Governor is |
3 | | further authorized: |
4 | | (1) To make, amend, and rescind all lawful necessary |
5 | | orders, rules, and regulations to carry out the provisions |
6 | | of this Act within the limits of the authority conferred |
7 | | upon the Governor. |
8 | | (2) To cause to be prepared a comprehensive plans plan |
9 | | and programs program for the emergency management , nuclear |
10 | | and radiation safety, and homeland security of this State, |
11 | | which plans and programs plan and program shall be |
12 | | integrated into and coordinated with emergency management , |
13 | | nuclear and radiation safety, and homeland security plans |
14 | | and programs of the federal government and of other states |
15 | | whenever possible and which plans and programs plan and |
16 | | program may include: |
17 | | a. Mitigation of injury and damage caused by |
18 | | disaster. |
19 | | b. Prompt and effective response to disaster. |
20 | | c. Emergency relief. |
21 | | d. Identification of areas particularly vulnerable |
22 | | to disasters. |
23 | | e. Recommendations for zoning, building, and other |
24 | | land-use controls, safety measures for securing |
25 | | permanent structures and other mitigation measures |
26 | | designed to eliminate or reduce disasters or their |
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1 | | impact. |
2 | | f. Assistance to political subdivisions in |
3 | | designing emergency operations plans. |
4 | | g. Authorization and procedures for the erection |
5 | | or other construction of temporary works designed to |
6 | | mitigate danger, damage or loss from flood, or other |
7 | | disaster. |
8 | | h. Preparation and distribution to the appropriate |
9 | | State and political subdivision officials of a State |
10 | | catalog of federal, State, and private assistance |
11 | | programs. |
12 | | i. Organization of State personnel and chains of |
13 | | command. |
14 | | j. Coordination of federal, State, and political |
15 | | subdivision emergency management , nuclear and |
16 | | radiation safety, and homeland security activities. |
17 | | k. Other necessary matters. |
18 | | (3) In accordance with the plans plan and programs |
19 | | program for the emergency management , nuclear and |
20 | | radiation safety, and homeland security of this State, and |
21 | | out of funds appropriated for these purposes, to procure |
22 | | and preposition supplies, medicines, materials and |
23 | | equipment, to institute training programs and public |
24 | | information programs, and to take all other preparatory |
25 | | steps including the partial or full mobilization of |
26 | | emergency services and disaster agencies in advance of |
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1 | | actual disaster to insure the furnishing of adequately |
2 | | trained and equipped forces for disaster response and |
3 | | recovery. |
4 | | (4) Out of funds appropriated for these purposes, to |
5 | | make studies and surveys of the industries, resources, and |
6 | | facilities in this State as may be necessary to ascertain |
7 | | the capabilities of the State for emergency management |
8 | | phases of mitigation, preparedness, response, and recovery |
9 | | and to plan for the most efficient emergency use thereof. |
10 | | (5) On behalf of this State, to negotiate for and |
11 | | submit to the General Assembly for its approval or |
12 | | rejection reciprocal mutual aid agreements or compacts |
13 | | with other states, either on a statewide or political |
14 | | subdivision basis. The agreements or compacts, shall be |
15 | | limited to the furnishing or exchange of food, clothing, |
16 | | medical or other supplies, engineering and police |
17 | | services; emergency housing and feeding; National and |
18 | | State Guards while under the control of the State; health, |
19 | | medical, and related services; fire fighting, rescue, |
20 | | transportation, communication, and construction services |
21 | | and equipment, provided, however, that if the General |
22 | | Assembly be not in session and the Governor has not |
23 | | proclaimed the existence of a disaster under this Section, |
24 | | then the agreements or compacts shall instead be submitted |
25 | | to an Interim Committee on Emergency Management composed |
26 | | of 5 Senators appointed by the President of the Senate and |
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1 | | of 5 Representatives appointed by the Speaker of the |
2 | | House, during the month of June of each odd-numbered year |
3 | | to serve for a 2-year 2 year term, beginning July 1 of that |
4 | | year, and until their successors are appointed and |
5 | | qualified, or until termination of their legislative |
6 | | service, whichever first occurs. Vacancies shall be filled |
7 | | by appointment for the unexpired term in the same manner |
8 | | as original appointments. All appointments shall be made |
9 | | in writing and filed with the Secretary of State as a |
10 | | public record. The Committee shall have the power to |
11 | | approve or reject any agreements or compacts for and on |
12 | | behalf of the General Assembly; and, provided further, |
13 | | that an affirmative vote of 2/3 of the members of the |
14 | | Committee shall be necessary for the approval of any |
15 | | agreement or compact. |
16 | | (Source: P.A. 92-73, eff. 1-1-02.)
|
17 | | (20 ILCS 3305/7) (from Ch. 127, par. 1057) |
18 | | Sec. 7. Emergency Powers of the Governor. In the event of a |
19 | | disaster, as defined in Section 4, the Governor may, by |
20 | | proclamation , declare that a disaster exists. Upon such |
21 | | proclamation, the Governor shall have and may exercise for a |
22 | | period not to exceed 30 days the following emergency powers; |
23 | | provided, however, that the lapse of the emergency powers |
24 | | shall not, as regards any act or acts occurring or committed |
25 | | within the 30-day period, deprive any person, firm, |
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1 | | corporation, political subdivision, or body politic of any |
2 | | right or rights to compensation or reimbursement which he, |
3 | | she, it, or they may have under the provisions of this Act: |
4 | | (1) To suspend the provisions of any regulatory |
5 | | statute prescribing procedures for conduct of State |
6 | | business, or the orders, rules and regulations of any |
7 | | State agency, if strict compliance with the provisions of |
8 | | any statute, order, rule, or regulation would in any way |
9 | | prevent, hinder or delay necessary action, including |
10 | | emergency purchases, by the Illinois Emergency Management |
11 | | Agency, in coping with the disaster. |
12 | | (2) To utilize all available resources of the State |
13 | | government as reasonably necessary to cope with the |
14 | | disaster and of each political subdivision of the State. |
15 | | (3) To transfer the direction, personnel or functions |
16 | | of State departments and agencies or units thereof for the |
17 | | purpose of performing or facilitating disaster response |
18 | | and recovery programs. |
19 | | (4) On behalf of this State to take possession of, and |
20 | | to acquire full title or a lesser specified interest in, |
21 | | any personal property as may be necessary to accomplish |
22 | | the objectives set forth in Section 2 of this Act, |
23 | | including: airplanes, automobiles, trucks, trailers, |
24 | | buses, and other vehicles; coal, oils, gasoline, and other |
25 | | fuels and means of propulsion; explosives, materials, |
26 | | equipment, and supplies; animals and livestock; feed and |
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1 | | seed; food and provisions for humans and animals; clothing |
2 | | and bedding; and medicines and medical and surgical |
3 | | supplies; and to take possession of and for a limited |
4 | | period occupy and use any real estate necessary to |
5 | | accomplish those objectives; but only upon the undertaking |
6 | | by the State to pay just compensation therefor as in this |
7 | | Act provided, and then only under the following |
8 | | provisions: |
9 | | a. The Governor, or the person or persons as the |
10 | | Governor may authorize so to do, may forthwith take |
11 | | possession of property for and on behalf of the State; |
12 | | provided, however, that the Governor or persons shall |
13 | | simultaneously with the taking, deliver to the owner |
14 | | or his or her agent, if the identity of the owner or |
15 | | agency is known or readily ascertainable, a signed |
16 | | statement in writing, that shall include the name and |
17 | | address of the owner, the date and place of the taking, |
18 | | description of the property sufficient to identify it, |
19 | | a statement of interest in the property that is being |
20 | | so taken, and, if possible, a statement in writing, |
21 | | signed by the owner, setting forth the sum that he or |
22 | | she is willing to accept as just compensation for the |
23 | | property or use. Whether or not the owner or agent is |
24 | | known or readily ascertainable, a true copy of the |
25 | | statement shall promptly be filed by the Governor or |
26 | | the person with the Director, who shall keep the |
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1 | | docket of the statements. In cases where the sum that |
2 | | the owner is willing to accept as just compensation is |
3 | | less than $1,000, copies of the statements shall also |
4 | | be filed by the Director with, and shall be passed upon |
5 | | by an Emergency Management Claims Commission, |
6 | | consisting of 3 disinterested citizens who shall be |
7 | | appointed by the Governor, by and with the advice and |
8 | | consent of the Senate, within 20 days after the |
9 | | Governor's declaration of a disaster, and if the sum |
10 | | fixed by them as just compensation be less than $1,000 |
11 | | and is accepted in writing by the owner, then the State |
12 | | Treasurer out of funds appropriated for these |
13 | | purposes, shall, upon certification thereof by the |
14 | | Emergency Management Claims Commission, cause the sum |
15 | | so certified forthwith to be paid to the owner. The |
16 | | Emergency Management Claims Commission is hereby given |
17 | | the power to issue appropriate subpoenas and to |
18 | | administer oaths to witnesses and shall keep |
19 | | appropriate minutes and other records of its actions |
20 | | upon and the disposition made of all claims. |
21 | | b. When the compensation to be paid for the taking |
22 | | or use of property or interest therein is not or cannot |
23 | | be determined and paid under item a of this paragraph |
24 | | (4), a petition in the name of The People of the State |
25 | | of Illinois shall be promptly filed by the Director, |
26 | | which filing may be enforced by mandamus, in the |
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1 | | circuit court of the county where the property or any |
2 | | part thereof was located when initially taken or used |
3 | | under the provisions of this Act praying that the |
4 | | amount of compensation to be paid to the person or |
5 | | persons interested therein be fixed and determined. |
6 | | The petition shall include a description of the |
7 | | property that has been taken, shall state the physical |
8 | | condition of the property when taken, shall name as |
9 | | defendants all interested parties, shall set forth the |
10 | | sum of money estimated to be just compensation for the |
11 | | property or interest therein taken or used, and shall |
12 | | be signed by the Director. The litigation shall be |
13 | | handled by the Attorney General for and on behalf of |
14 | | the State. |
15 | | c. Just compensation for the taking or use of |
16 | | property or interest therein shall be promptly |
17 | | ascertained in proceedings and established by judgment |
18 | | against the State, that shall include, as part of the |
19 | | just compensation so awarded, interest at the rate of |
20 | | 6% per annum on the fair market value of the property |
21 | | or interest therein from the date of the taking or use |
22 | | to the date of the judgment; and the court may order |
23 | | the payment of delinquent taxes and special |
24 | | assessments out of the amount so awarded as just |
25 | | compensation and may make any other orders with |
26 | | respect to encumbrances, rents, insurance, and other |
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1 | | charges, if any, as shall be just and equitable. |
2 | | (5) When required by the exigencies of the disaster, |
3 | | to sell, lend, rent, give, or distribute all or any part of |
4 | | property so or otherwise acquired to the inhabitants of |
5 | | this State, or to political subdivisions of this State, |
6 | | or, under the interstate mutual aid agreements or compacts |
7 | | as are entered into under the provisions of subparagraph |
8 | | (5) of paragraph (c) of Section 6 to other states, and to |
9 | | account for and transmit to the State Treasurer all funds, |
10 | | if any, received therefor. |
11 | | (6) To recommend the evacuation of all or part of the |
12 | | population from any stricken or threatened area within the |
13 | | State if the Governor deems this action necessary. |
14 | | (7) To prescribe routes, modes of transportation, and |
15 | | destinations in connection with evacuation. |
16 | | (8) To control ingress and egress to and from a |
17 | | disaster area, the movement of persons within the area, |
18 | | and the occupancy of premises therein. |
19 | | (9) To suspend or limit the sale, dispensing, or |
20 | | transportation of alcoholic beverages, firearms, |
21 | | explosives, and combustibles. |
22 | | (10) To make provision for the availability and use of |
23 | | temporary emergency housing. |
24 | | (11) A proclamation of a disaster shall activate the |
25 | | State Emergency Operations Plan, and political subdivision |
26 | | emergency operations plans applicable to the political |
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1 | | subdivision or area in question and be authority for the |
2 | | deployment and use of any forces that the plan or plans |
3 | | apply and for use or distribution of any supplies, |
4 | | equipment, and materials and facilities assembled, |
5 | | stockpiled or arranged to be made available under this Act |
6 | | or any other provision of law relating to disasters. |
7 | | (12) Control, restrict, and regulate by rationing, |
8 | | freezing, use of quotas, prohibitions on shipments, price |
9 | | fixing, allocation or other means, the use, sale or |
10 | | distribution of food, feed, fuel, clothing and other |
11 | | commodities, materials, goods, or services; and perform |
12 | | and exercise any other functions, powers, and duties as |
13 | | may be necessary to promote and secure the safety and |
14 | | protection of the civilian population. |
15 | | (13) During the continuance of any disaster the |
16 | | Governor is commander-in-chief of the organized and |
17 | | unorganized militia and of all other forces available for |
18 | | emergency duty. To the greatest extent practicable, the |
19 | | Governor shall delegate or assign authority to the |
20 | | Director to manage, coordinate, and direct all resources |
21 | | by orders issued at the time of the disaster. |
22 | | (14) Prohibit increases in the prices of goods and |
23 | | services during a disaster. |
24 | | (Source: P.A. 102-485, eff. 8-20-21.)
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25 | | (20 ILCS 3305/8) (from Ch. 127, par. 1058) |
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1 | | Sec. 8. Mobile Support Teams. |
2 | | (a) The Governor or Director may cause to be created |
3 | | Mobile Support Teams to aid and to reinforce the Illinois |
4 | | Emergency Management Agency, and emergency services and |
5 | | disaster agencies in areas stricken by disaster. Each mobile |
6 | | support team shall have a leader, selected by the Director who |
7 | | will be responsible, under the direction and control of the |
8 | | Director, for the organization, administration, and training, |
9 | | and operation of the mobile support team. |
10 | | (b) Personnel of a mobile support team while on duty |
11 | | pursuant to such a call or while engaged in regularly |
12 | | scheduled training or exercises, whether within or without the |
13 | | State, shall either: |
14 | | (1) If they are paid employees of the State, have the |
15 | | powers, duties, rights, privileges and immunities and |
16 | | receive the compensation incidental to their employment. |
17 | | (2) If they are paid employees of a political |
18 | | subdivision or body politic of this State, and whether |
19 | | serving within or without that political subdivision or |
20 | | body politic, have the powers, duties, rights, privileges |
21 | | and immunities, and receive the compensation incidental to |
22 | | their employment. |
23 | | (3) If they are not employees of the State, political |
24 | | subdivision or body politic, or being such employees, are |
25 | | not normally paid for their services, be entitled to at |
26 | | least one dollar per year compensation from the State. |
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1 | | Personnel of a mobile support team who suffer disease, |
2 | | injury or death arising out of or in the course of emergency |
3 | | duty, shall for the purposes of benefits under the Workers' |
4 | | Compensation Act or Workers' Occupational Diseases Act only, |
5 | | be deemed to be employees of this State. If the person |
6 | | diseased, injured or killed is an employee described in item |
7 | | (3) above, the computation of benefits payable under either of |
8 | | those Acts shall be based on income commensurate with |
9 | | comparable State employees doing the same type of work or |
10 | | income from the person's regular employment, whichever is |
11 | | greater. |
12 | | All personnel of mobile support teams shall, while on duty |
13 | | under such call, be reimbursed by this State for all actual and |
14 | | necessary travel and subsistence expenses. |
15 | | (c) The State shall reimburse each political subdivision |
16 | | or body politic from the Disaster Response and Recovery Fund |
17 | | for the compensation paid and the actual and necessary travel, |
18 | | subsistence and maintenance expenses of paid employees of the |
19 | | political subdivision or body politic while serving, outside |
20 | | of its geographic geographical boundaries pursuant to such a |
21 | | call, as members of a mobile support team, and for all payments |
22 | | made for death, disease or injury of those paid employees |
23 | | arising out of and incurred in the course of that duty, and for |
24 | | all losses of or damage to supplies and equipment of the |
25 | | political subdivision or body politic resulting from the |
26 | | operations. |
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1 | | (d) Whenever mobile support teams or units of another |
2 | | state, while the Governor has the emergency powers provided |
3 | | for under Section 7 of this Act, render aid to this State under |
4 | | the orders of the Governor of its home state and upon the |
5 | | request of the Governor of this State, all questions relating |
6 | | to reimbursement by this State to the other state and its |
7 | | citizens in regard to the assistance so rendered shall be |
8 | | determined by the mutual aid agreements or interstate compacts |
9 | | described in subparagraph (5) of paragraph (c) of Section 6 as |
10 | | are existing at the time of the assistance rendered or are |
11 | | entered into thereafter and under Section 303 (d) of the |
12 | | Federal Civil Defense Act of 1950. |
13 | | (e) No personnel of mobile support teams of this State may |
14 | | be ordered by the Governor to operate in any other state unless |
15 | | a request for the same has been made by the Governor or duly |
16 | | authorized representative of the other state. |
17 | | (Source: P.A. 98-465, eff. 8-16-13.)
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18 | | (20 ILCS 3305/10) (from Ch. 127, par. 1060) |
19 | | Sec. 10. Emergency Services and Disaster Agencies. |
20 | | (a) Each political subdivision within this State shall be |
21 | | within the jurisdiction of and served by the Illinois |
22 | | Emergency Management Agency and by an emergency services and |
23 | | disaster agency responsible for emergency management programs. |
24 | | A township, if the township is in a county having a population |
25 | | of more than 2,000,000, must have approval of the county |
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1 | | coordinator before establishment of a township emergency |
2 | | services and disaster agency. |
3 | | (b) Unless multiple county emergency services and disaster |
4 | | agency consolidation is authorized by the Illinois Emergency |
5 | | Management Agency with the consent of the respective counties, |
6 | | each county shall maintain an emergency services and disaster |
7 | | agency that has jurisdiction over and serves the entire |
8 | | county, except as otherwise provided under this Act and except |
9 | | that in any county with a population of over 3,000,000 |
10 | | containing a municipality with a population of over 500,000 |
11 | | the jurisdiction of the county agency shall not extend to the |
12 | | municipality when the municipality has established its own |
13 | | agency. |
14 | | (c) Each municipality with a population of over 500,000 |
15 | | shall maintain an emergency services and disaster agency which |
16 | | has jurisdiction over and serves the entire municipality. A |
17 | | municipality with a population less than 500,000 may |
18 | | establish, by ordinance, an agency or department responsible |
19 | | for emergency management within the municipality's corporate |
20 | | limits. |
21 | | (d) The Governor shall determine which municipal |
22 | | corporations, other than those specified in paragraph (c) of |
23 | | this Section, need emergency services and disaster agencies of |
24 | | their own and require that they be established and maintained. |
25 | | The Governor shall make these determinations on the basis of |
26 | | the municipality's disaster vulnerability and capability of |
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1 | | response related to population size and concentration. The |
2 | | emergency services and disaster agency of a county or |
3 | | township, shall not have a jurisdiction within a political |
4 | | subdivision having its own emergency services and disaster |
5 | | agency, but shall cooperate with the emergency services and |
6 | | disaster agency of a city, village or incorporated town within |
7 | | their borders. The Illinois Emergency Management Agency shall |
8 | | publish and furnish a current list to the municipalities |
9 | | required to have an emergency services and disaster agency |
10 | | under this subsection. |
11 | | (e) Each municipality that is not required to and does not |
12 | | have an emergency services and disaster agency shall have a |
13 | | liaison officer designated to facilitate the cooperation and |
14 | | protection of that municipal corporation with the county |
15 | | emergency services and disaster agency in which it is located |
16 | | in the work of disaster mitigation, preparedness, response, |
17 | | and recovery. |
18 | | (f) The principal executive officer or his or her designee |
19 | | of each political subdivision in the State shall annually |
20 | | notify the Illinois Emergency Management Agency of the manner |
21 | | in which the political subdivision is providing or securing |
22 | | emergency management, identify the executive head of the |
23 | | agency or the department from which the service is obtained, |
24 | | or the liaison officer in accordance with subsection (e), |
25 | | paragraph (d) of this Section and furnish additional |
26 | | information relating thereto as the Illinois Emergency |
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1 | | Management Agency requires. |
2 | | (g) Each emergency services and disaster agency shall |
3 | | prepare an emergency operations plan for its geographic |
4 | | boundaries that complies with planning, review, and approval |
5 | | standards promulgated by the Illinois Emergency Management |
6 | | Agency. The Illinois Emergency Management Agency shall |
7 | | determine which jurisdictions will be required to include |
8 | | earthquake preparedness in their local emergency operations |
9 | | plans. |
10 | | (h) The emergency services and disaster agency shall |
11 | | prepare and distribute to all appropriate officials in written |
12 | | form a clear and complete statement of the emergency |
13 | | responsibilities of all local departments and officials and of |
14 | | the disaster chain of command. |
15 | | (i) Each emergency services and disaster agency shall have |
16 | | a Coordinator who shall be appointed by the principal |
17 | | executive officer of the political subdivision in the same |
18 | | manner as are the heads of regular governmental departments. |
19 | | If the political subdivision is a county and the principal |
20 | | executive officer appoints the sheriff as the Coordinator, the |
21 | | sheriff may, in addition to his or her regular compensation, |
22 | | receive additional compensation as provided for by the |
23 | | political subdivision at the same level as provided in Section |
24 | | 3-6037 of the Counties Code 3 of "An Act in relation to the |
25 | | regulation of motor vehicle traffic and the promotion of |
26 | | safety on public highways in counties", approved August 9, |
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1 | | 1951, as amended . The Coordinator shall have direct |
2 | | responsibility for the organization, administration, training, |
3 | | and operation of the emergency services and disaster agency, |
4 | | subject to the direction and control of that principal |
5 | | executive officer. Each emergency services and disaster agency |
6 | | shall coordinate and may perform emergency management |
7 | | functions within the territorial limits of the political |
8 | | subdivision within which it is organized as are prescribed in |
9 | | and by the State Emergency Operations Plan, and programs, |
10 | | orders, rules and regulations as may be promulgated by the |
11 | | Illinois Emergency Management Agency and by local ordinance |
12 | | and, in addition, shall conduct such functions outside of |
13 | | those territorial limits as may be required under mutual aid |
14 | | agreements and compacts as are entered into under subparagraph |
15 | | (5) of paragraph (c) of Section 6. |
16 | | (j) In carrying out the provisions of this Act, each |
17 | | political subdivision may enter into contracts and incur |
18 | | obligations necessary to place it in a position effectively to |
19 | | combat the disasters as are described in Section 4, to protect |
20 | | the health and safety of persons, to protect property, and to |
21 | | provide emergency assistance to victims of those disasters. If |
22 | | a disaster occurs, each political subdivision may exercise the |
23 | | powers vested under this Section in the light of the |
24 | | exigencies of the disaster and, excepting mandatory |
25 | | constitutional requirements, without regard to the procedures |
26 | | and formalities normally prescribed by law pertaining to the |
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1 | | performance of public work, entering into contracts, the |
2 | | incurring of obligations, the employment of temporary workers, |
3 | | the rental of equipment, the purchase of supplies and |
4 | | materials, and the appropriation, expenditure, and disposition |
5 | | of public funds and property. |
6 | | (k) Volunteers who, while engaged in a disaster, an |
7 | | exercise, training related to the emergency operations plan of |
8 | | the political subdivision, or a search-and-rescue team |
9 | | response to an occurrence or threat of injury or loss of life |
10 | | that is beyond local response capabilities, suffer disease, |
11 | | injury or death, shall, for the purposes of benefits under the |
12 | | Workers' Compensation Act or Workers' Occupational Diseases |
13 | | Act only, be deemed to be employees of the State, if: (1) the |
14 | | claimant is a duly qualified and enrolled (sworn in) as a |
15 | | volunteer of the Illinois Emergency Management Agency or an |
16 | | emergency services and disaster agency accredited by the |
17 | | Illinois Emergency Management Agency, and (2) if: (i) the |
18 | | claimant was participating in a disaster as defined in Section |
19 | | 4 of this Act, (ii) the exercise or training participated in |
20 | | was specifically and expressly approved by the Illinois |
21 | | Emergency Management Agency prior to the exercise or training, |
22 | | or (iii) the search-and-rescue team response was to an |
23 | | occurrence or threat of injury or loss of life that was beyond |
24 | | local response capabilities and was specifically and expressly |
25 | | approved by the Illinois Emergency Management Agency prior to |
26 | | the search-and-rescue team response. The computation of |
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1 | | benefits payable under either of those Acts shall be based on |
2 | | the income commensurate with comparable State employees doing |
3 | | the same type work or income from the person's regular |
4 | | employment, whichever is greater. |
5 | | Volunteers who are working under the direction of an |
6 | | emergency services and disaster agency accredited by the |
7 | | Illinois Emergency Management Agency, pursuant to a plan |
8 | | approved by the Illinois Emergency Management Agency (i) |
9 | | during a disaster declared by the Governor under Section 7 of |
10 | | this Act, or (ii) in circumstances otherwise expressly |
11 | | approved by the Illinois Emergency Management Agency, shall be |
12 | | deemed exclusively employees of the State for purposes of |
13 | | Section 8(d) of the Court of Claims Act, provided that the |
14 | | Illinois Emergency Management Agency may, in coordination with |
15 | | the emergency services and disaster agency, audit |
16 | | implementation for compliance with the plan. |
17 | | (l) If any person who is entitled to receive benefits |
18 | | through the application of this Section receives, in |
19 | | connection with the disease, injury or death giving rise to |
20 | | such entitlement, benefits under an Act of Congress or federal |
21 | | program, benefits payable under this Section shall be reduced |
22 | | to the extent of the benefits received under that other Act or |
23 | | program. |
24 | | (m) (1) Prior to conducting an exercise, the principal |
25 | | executive officer of a political subdivision or his or her |
26 | | designee shall provide area media with written |
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1 | | notification of the exercise. The notification shall |
2 | | indicate that information relating to the exercise shall |
3 | | not be released to the public until the commencement of |
4 | | the exercise. The notification shall also contain a |
5 | | request that the notice be so posted to ensure that all |
6 | | relevant media personnel are advised of the exercise |
7 | | before it begins. |
8 | | (2) During the conduct of an exercise, all messages, |
9 | | two-way radio communications, briefings, status reports, |
10 | | news releases, and other oral or written communications |
11 | | shall begin and end with the following statement: "This is |
12 | | an exercise message". |
13 | | (Source: P.A. 94-733, eff. 4-27-06.)
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14 | | (20 ILCS 3305/12) (from Ch. 127, par. 1062) |
15 | | Sec. 12. Testing of Disaster Warning Devices. The testing |
16 | | of disaster warning devices including outdoor warning sirens |
17 | | shall be held only on the first Tuesday of each month at 10 |
18 | | o'clock in the morning or during exercises that are |
19 | | specifically and expressly approved in advance by the Illinois |
20 | | Emergency Management Agency. |
21 | | (Source: P.A. 92-73, eff. 1-1-02.)
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22 | | (20 ILCS 3305/14) (from Ch. 127, par. 1064) |
23 | | Sec. 14. Communications. The Illinois Emergency Management |
24 | | Agency shall ascertain what means exist for rapid and |
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1 | | efficient communications in times of disaster. The Illinois |
2 | | Emergency Management Agency shall consider the desirability of |
3 | | supplementing these communications resources or of integrating |
4 | | them into a comprehensive State or State-Federal |
5 | | telecommunications or other communications system or network. |
6 | | In studying the character and feasibility of any system or its |
7 | | several parts, the Illinois Emergency Management Agency shall |
8 | | evaluate the possibility of multipurpose use thereof for |
9 | | general State and political subdivision purposes. The Illinois |
10 | | Emergency Management Agency may promulgate rules to establish |
11 | | policies and procedures relating to telecommunications and the |
12 | | continuation of rapid and efficient communications in times of |
13 | | disaster to the extent authorized by any provision of this Act |
14 | | or other laws and regulations. The Illinois Emergency |
15 | | Management Agency shall make recommendations to the Governor |
16 | | as appropriate. |
17 | | (Source: P.A. 86-755; 87-168.)
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18 | | (20 ILCS 3305/18) (from Ch. 127, par. 1068) |
19 | | Sec. 18. Orders, Rules and Regulations. |
20 | | (a) The Governor shall file a copy of every rule, |
21 | | regulation or order, and any amendment thereof made by the |
22 | | Governor under the provisions of this Act in the office of the |
23 | | Secretary of State. Upon No rule, regulation or order, or any |
24 | | amendment thereof shall be effective until 10 days after the |
25 | | filing, provided, however, that upon the declaration of a |
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1 | | disaster by the Governor as is described in Section 7 the |
2 | | provision relating to the effective date of any rule, |
3 | | regulation, order or amendment issued under this Act and |
4 | | during the state of disaster is abrogated, and the rule, |
5 | | regulation, order or amendment shall become effective |
6 | | immediately upon being filed with the Secretary of State |
7 | | accompanied by a certificate stating the reason as required by |
8 | | the Illinois Administrative Procedure Act. |
9 | | (b) Every emergency services and disaster agency |
10 | | established pursuant to this Act and the coordinators thereof |
11 | | shall execute and enforce the orders, rules and regulations as |
12 | | may be made by the Governor under authority of this Act. Each |
13 | | emergency services and disaster agency shall have available |
14 | | for inspection at its office all orders, rules and regulations |
15 | | made by the Governor, or under the Governor's authority. The |
16 | | Illinois Emergency Management Agency shall publish furnish on |
17 | | the Agency's Department's website the orders, rules and |
18 | | regulations to each such emergency services and disaster |
19 | | agency . Upon the written request of an emergency services and |
20 | | or disaster agency, copies thereof shall be mailed to the |
21 | | emergency services and or disaster agency. |
22 | | (Source: P.A. 98-44, eff. 6-28-13.)
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23 | | (20 ILCS 3305/20) (from Ch. 127, par. 1070) |
24 | | Sec. 20. Oath Emergency Management Agency; personnel; |
25 | | oath . Each person, whether compensated or noncompensated, who |
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1 | | is appointed to serve in any capacity in the Illinois |
2 | | Emergency Management Agency and Office of Homeland Security or |
3 | | an emergency services and disaster agency, shall, before |
4 | | entering upon his or her duties, take an oath, in writing, |
5 | | before the Director or before the coordinator of that |
6 | | emergency services and disaster agency or before other persons |
7 | | authorized to administer oaths in this State, which oath shall |
8 | | be filed with the Director or with the coordinator of the |
9 | | emergency services and disaster agency with which he or she |
10 | | shall serve and which oath shall be substantially as follows: |
11 | | "I, _______________, do solemnly swear (or affirm) that I |
12 | | will support and defend and bear true faith and allegiance to |
13 | | the Constitution of the United States and the Constitution of |
14 | | the State of Illinois, and the territory, institutions and |
15 | | facilities thereof, both public and private, against all |
16 | | enemies, foreign and domestic; that I take this obligation |
17 | | freely, without any mental reservation or purpose of evasion; |
18 | | and that I will well and faithfully discharge the duties upon |
19 | | which I am about to enter. And I do further swear (or affirm) |
20 | | that I do not advocate, nor am I, nor have I been a member of |
21 | | any political party or organization that advocates the |
22 | | overthrow of the government of the United States or of this |
23 | | State by force or violence; and that during such time as I am |
24 | | affiliated with the (name of political subdivision), I will |
25 | | not advocate nor become a member of any political party or |
26 | | organization that advocates the overthrow of the government of |
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1 | | the United States or of this State by force or violence." |
2 | | (Source: P.A. 92-73, eff. 1-1-02.)
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3 | | (20 ILCS 3305/23) |
4 | | (Section scheduled to be repealed on January 1, 2032) |
5 | | Sec. 23. Access and Functional Needs Advisory Committee. |
6 | | (a) In this Section, "Advisory Committee" means the Access |
7 | | and Functional Needs Advisory Committee. |
8 | | (b) The Access and Functional Needs Advisory Committee is |
9 | | created. |
10 | | (c) The Advisory Committee shall: |
11 | | (1) Coordinate meetings occurring, at a minimum, 3 |
12 | | times each year, in addition to emergency meetings called |
13 | | by the chairperson of the Advisory Committee. |
14 | | (2) Research and provide recommendations for |
15 | | identifying and effectively responding to the needs of |
16 | | persons with access and functional needs before, during, |
17 | | and after a disaster using an intersectional lens for |
18 | | equity. |
19 | | (3) Provide recommendations to the Illinois Emergency |
20 | | Management Agency regarding how to ensure that persons |
21 | | with a disability are included in disaster strategies and |
22 | | emergency management plans, including updates and |
23 | | implementation of disaster strategies and emergency |
24 | | management plans. |
25 | | (4) Review and provide recommendations for the |
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1 | | Illinois Emergency Management Agency, and all relevant |
2 | | State agencies that are involved in drafting and |
3 | | implementing the Illinois Emergency Operation Plan, to |
4 | | integrate access and functional needs into State and local |
5 | | emergency plans. |
6 | | (d) The Advisory Committee shall be composed of the |
7 | | Director of the Illinois Emergency Management Agency or his or |
8 | | her designee, the Attorney General or his or her designee, the |
9 | | Secretary of Human Services or his or her designee, the |
10 | | Director of Aging or his or her designee, and the Director of |
11 | | Public Health or his or her designee, together with the |
12 | | following members appointed by the Governor on or before |
13 | | January 1, 2022: |
14 | | (1) Two members, either from a municipal or |
15 | | county-level emergency agency or a local emergency |
16 | | management coordinator. |
17 | | (2) Nine members from the community of persons with a |
18 | | disability who represent persons with different types of |
19 | | disabilities, including, but not limited to, individuals |
20 | | with mobility and physical disabilities, hearing and |
21 | | visual disabilities, deafness or who are hard of hearing, |
22 | | blindness or who have low vision, mental health |
23 | | disabilities, and intellectual or developmental |
24 | | disabilities. Members appointed under this paragraph shall |
25 | | reflect a diversity of age, gender, race, and ethnic |
26 | | background. |
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1 | | (3) Four members who represent first responders from |
2 | | different geographic geographical regions around the |
3 | | State. |
4 | | (e) Of those members appointed by the Governor, the |
5 | | initial appointments of 6 members shall be for terms of 2 years |
6 | | and the initial appointments of 5 members shall be for terms of |
7 | | 4 years. Thereafter, members shall be appointed for terms of 4 |
8 | | years. A member shall serve until his or her successor is |
9 | | appointed and qualified. If a vacancy occurs in the Advisory |
10 | | Committee membership, the vacancy shall be filled in the same |
11 | | manner as the original appointment for the remainder of the |
12 | | unexpired term. |
13 | | (f) After all the members are appointed, and annually |
14 | | thereafter, they shall elect a chairperson from among the |
15 | | members appointed under paragraph (2) of subsection (d). |
16 | | (g) The initial meeting of the Advisory Committee shall be |
17 | | convened by the Director of the Illinois Emergency Management |
18 | | Agency no later than February 1, 2022. |
19 | | (h) Advisory Committee members shall serve without |
20 | | compensation. |
21 | | (i) The Illinois Emergency Management Agency shall provide |
22 | | administrative support to the Advisory Committee. |
23 | | (j) The Advisory Committee shall prepare and deliver a |
24 | | report to the General Assembly, the Governor's Office, and the |
25 | | Illinois Emergency Management Agency by July 1, 2022, and |
26 | | annually thereafter. The report shall include the following: |
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1 | | (1) Identification of core emergency management |
2 | | services that need to be updated or changed to ensure the |
3 | | needs of persons with a disability are met, and shall |
4 | | include disaster strategies in State and local emergency |
5 | | plans. |
6 | | (2) Any proposed changes in State policies, laws, |
7 | | rules, or regulations necessary to fulfill the purposes of |
8 | | this Act. |
9 | | (3) Recommendations on improving the accessibility and |
10 | | effectiveness of disaster and emergency communication. |
11 | | (4) Recommendations on comprehensive training for |
12 | | first responders and other frontline workers when working |
13 | | with persons with a disability during emergency situations |
14 | | or disasters, as defined in Section 4 of the Illinois |
15 | | Emergency Management Agency Act . |
16 | | (5) Any additional recommendations regarding emergency |
17 | | management and persons with a disability that the Advisory |
18 | | Committee deems necessary. |
19 | | (k) The annual report prepared and delivered under |
20 | | subsection (j) shall be annually considered by the Illinois |
21 | | Emergency Management Agency when developing new State and |
22 | | local emergency plans or updating existing State and local |
23 | | emergency plans. |
24 | | (l) The Advisory Committee is dissolved and this Section |
25 | | is repealed on January 1, 2032. |
26 | | (Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21; |
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1 | | 103-154, eff. 6-30-23.)
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2 | | (20 ILCS 3305/24 new) |
3 | | Sec. 24. Illinois Homeland Security Advisory Council |
4 | | (IL-HSAC). |
5 | | (a) The Illinois Homeland Security Advisory Council |
6 | | (IL-HSAC) is hereby created. |
7 | | (b) The IL-HSAC shall report directly to the Homeland |
8 | | Security Advisor, who shall serve as the Chairperson. |
9 | | (c) The Deputy Homeland Security Advisor shall serve as |
10 | | Vice-Chair. |
11 | | (d) The Homeland Security Advisor may appoint a Chair Pro |
12 | | Tempore to oversee the daily operations and administrative |
13 | | responsibilities of the IL-HSAC. |
14 | | (e) The Homeland Security Advisor shall, with approval of |
15 | | the Governor, modify the structure of the IL-HSAC as |
16 | | appropriate and consistent with this Section. |
17 | | (f) The IL-HSAC shall submit an annual report to the |
18 | | Governor by March 1 of each year. The report shall detail the |
19 | | activities, accomplishments, and recommendations of the |
20 | | IL-HSAC in the preceding year. |
21 | | (g) The Agency shall provide administrative support for |
22 | | the IL-HSAC. |
23 | | (h) Entities may be appointed to IL-HSAC with nomination |
24 | | by the Homeland Security Advisor and approval by the Governor. |
25 | | (i) The IL-HSAC shall have the following powers and |
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1 | | duties: |
2 | | (1) The IL-HSAC shall serve as the State Advisory |
3 | | Committee with respect to funds received through the |
4 | | federal Homeland Security Grant Program. In that capacity, |
5 | | the IL-HSAC shall provide recommendations to the Homeland |
6 | | Security Advisor on issues related to the application for |
7 | | and use of all appropriate federal funding that relates to |
8 | | preventing, protecting against, mitigating, responding to |
9 | | and recovering from acts of terrorism and other threats. |
10 | | (2) The IL-HSAC shall provide recommendations to the |
11 | | Homeland Security Advisor on the following: |
12 | | (A) appropriate training of local, regional, and |
13 | | state officials to respond to terrorist incidents |
14 | | involving conventional, chemical, biological and |
15 | | nuclear weapons; |
16 | | (B) applications for and use of all appropriate |
17 | | State and other funds as may be appropriate and |
18 | | available relating to homeland security; |
19 | | (C) public safety preparedness and mutual aid to |
20 | | include strategies and tactics to coordinate |
21 | | multi-agency response to significant events, such as |
22 | | acts of terrorism or natural disasters, where |
23 | | coordination of local, State, and private resources is |
24 | | necessary; |
25 | | (D) coordination of public safety resources and |
26 | | combating terrorism in Illinois; and |
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1 | | (E) any changes needed in State statutes, |
2 | | administrative rules, or in the Illinois Emergency |
3 | | Operations Plan.
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4 | | (20 ILCS 3305/25 new) |
5 | | Sec. 25. Statewide Interoperability Coordinator. |
6 | | (a) The Statewide Interoperability Coordinator is hereby |
7 | | created as a position within the Agency's Office of Homeland |
8 | | Security. |
9 | | (b) The duties and responsibilities of the Statewide |
10 | | Interoperability Coordinator shall be as follows: |
11 | | (1) The Statewide Interoperability Coordinator shall |
12 | | serve as the central coordination point for the State's |
13 | | communications interoperability and shall assist with |
14 | | mediation between State and local agencies to achieve an |
15 | | interoperable communications system. |
16 | | (2) The Statewide Interoperability Coordinator shall |
17 | | develop and disseminate best practices for public safety |
18 | | communications interoperability. |
19 | | (3) The Statewide Interoperability Coordinator shall |
20 | | advise the Homeland Security Advisor and Deputy Director |
21 | | of the Agency's Office of Homeland Security on public |
22 | | safety communications interoperability. |
23 | | (4) The Statewide Interoperability Coordinator shall |
24 | | serve as a member of the Statewide Interoperability |
25 | | Executive Committee or its successor entity and may act on |
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1 | | behalf of the Statewide Interoperability Executive |
2 | | Committee. |
3 | | (5) The Statewide Interoperability Coordinator shall |
4 | | recommend regulatory changes relating to public safety |
5 | | communications and interoperability activities in |
6 | | partnership with 9-1-1 administrators, operators of |
7 | | statewide radio systems, emergency management |
8 | | coordinators, and relevant State agencies. |
9 | | (6) The Statewide Interoperability Coordinator shall |
10 | | identify funding opportunities for planned |
11 | | interoperability improvements and coordinate efforts to |
12 | | provide funding. |
13 | | (7) The Statewide Interoperability Coordinator shall |
14 | | advise on the issuance of grants related to public safety |
15 | | and for interoperability communication. |
16 | | (8) The Statewide Interoperability Coordinator shall |
17 | | engage stakeholders to coordinate the Statewide |
18 | | Communications Interoperability Plan. |
19 | | (9) The Statewide Interoperability Coordinator shall |
20 | | represent the State in national, regional, and local |
21 | | efforts to plan and implement changes needed to achieve |
22 | | interoperability and continuity of communications for |
23 | | emergency responders. |
24 | | (10) The Statewide Interoperability Coordinator shall |
25 | | develop and implement the strategic program for all public |
26 | | safety communications and interoperability activities in |