Sen. Mike Porfirio

Filed: 5/24/2024

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1
AMENDMENT TO SENATE BILL 3240
2 AMENDMENT NO. ______. Amend Senate Bill 3240 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Civil Administrative Code of Illinois is
5amended by changing Sections 5-15, 5-20, and 5-160 and by
6adding Section 5-425 as follows:
7 (20 ILCS 5/5-15) (was 20 ILCS 5/3)
8 Sec. 5-15. Departments of State government. The
9Departments of State government are created as follows:
10 The Department on Aging.
11 The Department of Agriculture.
12 The Department of Central Management Services.
13 The Department of Children and Family Services.
14 The Department of Commerce and Economic Opportunity.
15 The Department of Corrections.
16 The Department of Employment Security.

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1 The Illinois Emergency Management Agency and Office of
2Homeland Security.
3 The Department of Financial and Professional Regulation.
4 The Department of Healthcare and Family Services.
5 The Department of Human Rights.
6 The Department of Human Services.
7 The Department of Innovation and Technology.
8 The Department of Insurance.
9 The Department of Juvenile Justice.
10 The Department of Labor.
11 The Department of the Lottery.
12 The Department of Natural Resources.
13 The Department of Public Health.
14 The Department of Revenue.
15 The Illinois State Police.
16 The Department of Transportation.
17 The Department of Veterans' Affairs.
18(Source: P.A. 102-538, eff. 8-20-21.)
19 (20 ILCS 5/5-20) (was 20 ILCS 5/4)
20 Sec. 5-20. Heads of departments. Each department shall
21have an officer as its head who shall be known as director or
22secretary and who shall, subject to the provisions of the
23Civil Administrative Code of Illinois, execute the powers and
24discharge the duties vested by law in his or her respective
25department.

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

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1of Innovation and Technology.
2 Director of Insurance, for the Department of Insurance.
3 Director of Juvenile Justice, for the Department of
4Juvenile Justice.
5 Director of Labor, for the Department of Labor.
6 Director of the Lottery, for the Department of the
7Lottery.
8 Director of Natural Resources, for the Department of
9Natural Resources.
10 Director of Public Health, for the Department of Public
11Health.
12 Director of Revenue, for the Department of Revenue.
13 Director of the Illinois State Police, for the Illinois
14State Police.
15 Secretary of Transportation, for the Department of
16Transportation.
17 Director of Veterans' Affairs, for the Department of
18Veterans' Affairs.
19(Source: P.A. 102-538, eff. 8-20-21.)
20 (20 ILCS 5/5-160) (was 20 ILCS 5/5.13h)
21 Sec. 5-160. In the Illinois Emergency Management Agency
22and Office of Homeland Security. Assistant Director of the
23Emergency Management Agency and Office of Homeland Security.
24(Source: P.A. 93-1029, eff. 8-25-04.)

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1 (20 ILCS 5/5-425 new)
2 Sec. 5-425. In the Illinois Emergency Management Agency
3and Office of Homeland Security. For terms beginning on or
4after January 16, 2023, the Director shall receive an annual
5salary of $180,000 or as set by the Governor, whichever is
6higher. On July 1, 2023, and on each July 1 thereafter, the
7Director shall receive an increase in salary based on a cost of
8living adjustment as authorized by Senate Joint Resolution 192
9of the 86th General Assembly.
10 For terms beginning on or after January 16, 2023, the
11Assistant Director of the Illinois Emergency Management Agency
12and Office of Homeland Security shall receive an annual salary
13of $156,600 or as set by the Governor, whichever is higher. On
14July 1, 2023, and on each July 1 thereafter, the Assistant
15Director shall receive an increase in salary based on a cost of
16living adjustment as authorized by Senate Joint Resolution 192
17of the 86th General Assembly.
18 Section 10. The Military Code of Illinois is amended by
19adding Section 29.1 as follows:
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
23State, on a reserve basis, a volunteer civilian cybersecurity
24auxiliary force, known as the Illinois Cyber Auxiliary Force

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1(ICAF), that is capable of being expanded and trained to
2educate and protect from cyber incidents State, county, and
3local government entities and critical infrastructure,
4including election systems, businesses, and the citizens of
5this State. In the case of a disaster proclaimed by the
6Governor, or caused by illicit actors or imminent danger, the
7Governor, as Commander-in-Chief, shall expand the ICAF as the
8exigency of the occasion requires.
9 (b) The ICAF shall be operated as an interagency effort
10between the Department of Military Affairs (IDMA), the
11Illinois Emergency Management Agency and Office of Homeland
12Security (IEMA-OHS), and the Department of Innovation and
13Technology (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
9potential members of the ICAF. While performing training and
10other volunteer duties such as public engagement, current and
11potential auxiliary members shall serve in an unpaid volunteer
12status.
13 (d) The ICAF shall use funds appropriated by the General
14Assembly for the actual and necessary expenses incurred by the
15ICAF for administration, training, and deployment of the ICAF,
16at the discretion of the Director of IEMA-OHS or the
17Director's designee. Expenses for administration, training,
18and deployment may include, but are not limited to, permanent
19or temporary State employees or contractual internal or
20external administrative staff, travel, and subsistence
21expenses, the purchase or rental of equipment and hardware,
22and local operational support.
23 (e) The Director of IEMA-OHS shall adopt rules consistent
24with the provisions of law governing the membership,
25organization, administration, equipment, and maintenance of
26the ICAF.

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1 (f) ICAF members may not be called or ordered into the
2military service of the United States.
3 (g) No person shall be accepted into the ICAF who is not a
4United States national or a lawful permanent resident.
5Applicants shall be subject to an appropriate background
6check, in accordance with rules adopted by the Director of
7IEMA-OHS, before admittance into the ICAF. Notwithstanding any
8other provision of this Code, no person shall be disqualified
9from acceptance into the ICAF on the basis that the person is
10an employee of the State or a political subdivision of the
11State, or an employee or proprietor of a private entity that
12conducts business with the State or a political subdivision of
13the State.
14 (h) The Director of IEMA-OHS may accept the resignation of
15any ICAF member at any time. ICAF members serve at the pleasure
16of the Governor and may be removed from the auxiliary in
17accordance with adopted rules. The Director of IEMA-OHS may
18require reimbursement for training, equipment, and uniforms if
19an ICAF member does not serve the full term of the member's
20membership agreement and the member's inability to serve out
21the term of the membership agreement was not due to a
22disability or a similar disabling medical condition.
23 (i) The Governor, may authorize the Director of IEMA-OHS
24to employ individuals or units of the ICAF as compensated
25State employees using IDMA State Active Duty procedures to
26protect State, county, and local government entities and

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1critical infrastructure, including election systems, or for
2training as the Governor determines necessary.
3 Section 15. The Illinois Emergency Management Agency Act
4is amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 10, 12,
514, 18, 20, and 23 and by adding Sections 24 and 25 as follows:
6 (20 ILCS 3305/1) (from Ch. 127, par. 1051)
7 Sec. 1. Short Title. This Act may be cited as the IEMA-OHS
8Illinois Emergency Management Agency Act.
9(Source: P.A. 87-168.)
10 (20 ILCS 3305/2) (from Ch. 127, par. 1052)
11 Sec. 2. Policy and purposes Purposes.
12 (a) Because of the possibility of the occurrence of
13disasters of unprecedented size and destructiveness resulting
14from the explosion in this or in neighboring states of atomic
15or other means from without or by means of sabotage or other
16disloyal actions within, or from fire, flood, earthquake,
17telecommunications failure, or other natural or technological
18causes, and in order to insure that this State will be prepared
19to and will adequately deal with any disasters, preserve the
20lives and property of the people of this State and protect the
21public peace, health, and safety in the event of a disaster, it
22is 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
14and the policy of the State that all emergency management and
15homeland security programs of this State be coordinated to the
16maximum extent with the comparable programs of the federal
17government, including its various departments and agencies, of
18other states and localities and private agencies of every
19type, to the end that the most effective preparation and use
20may be made of the nation's resources and facilities for
21dealing with any disaster that may occur.
22(Source: P.A. 87-168; 88-606, eff. 1-1-95.)
23 (20 ILCS 3305/4) (from Ch. 127, par. 1054)
24 Sec. 4. Definitions. As used in this Act, unless the
25context clearly indicates otherwise, the following words and

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1terms have the meanings ascribed to them in this Section:
2 "Agency" or "IEMA-OHS" means the Illinois Emergency
3Management Agency and Office of Homeland Security.
4 "Coordinator" means the staff assistant to the principal
5executive officer of a political subdivision with the duty of
6coordinating the emergency management programs of that
7political subdivision.
8 "Cyber incident" means an event occurring on or conducted
9through a computer network that actually or imminently
10jeopardizes the integrity, confidentiality, or availability of
11computers, information, or communications systems or networks,
12physical or virtual infrastructure controlled by computers or
13information systems, or information resident thereon that
14affect or control infrastructure or communications networks
15utilized by the public. "Cyber incident" includes a
16vulnerability in information systems, system security
17procedures, internal controls, or implementations that could
18be exploited by a threat source that affect or control
19infrastructure or communications networks utilized by the
20public.
21 "Director" means the Director of the Illinois Emergency
22Management Agency and Office of Homeland Security.
23 "Disaster" means an occurrence or threat of widespread or
24severe damage, injury , or loss of life or property resulting
25from any natural, technological, or human cause, including,
26but not limited to fire, flood, earthquake, wind, storm,

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1hazardous materials spill or other water contamination
2requiring emergency action to avert danger or damage,
3epidemic, air contamination, blight, extended periods of
4severe and inclement weather, drought, infestation, critical
5shortages of essential fuels and energy, explosion, riot,
6hostile military or paramilitary action, public health
7emergencies, cyber incidents, or acts of domestic terrorism.
8 "Emergency management Management" means the efforts of the
9State and the political subdivisions to develop, plan,
10analyze, conduct, provide, implement, and maintain programs
11for disaster mitigation, preparedness, response, and recovery.
12 "Emergency Services and Disaster Agency" means the agency
13by this name, by the name Emergency Management Agency, or by
14any other name that is established by ordinance within a
15political subdivision to coordinate the emergency management
16program within that political subdivision and with private
17organizations, other political subdivisions, the State, and
18federal governments.
19 "Emergency operations plan Operations Plan" means the
20written plan of the State and political subdivisions
21describing the organization, mission, and functions of the
22government and supporting services for responding to and
23recovering from disasters and shall include plans that take
24into account the needs of those individuals with household
25pets and service animals following a major disaster or
26emergency.

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1 "Emergency services Services" means the coordination of
2functions by the State and its political subdivisions
3subdivision, other than functions for which military forces
4are primarily responsible, as may be necessary or proper to
5prevent, minimize, repair, and alleviate injury and damage
6resulting from any natural or technological causes. These
7functions include, without limitation, fire fighting services,
8police services, emergency aviation services, medical and
9health services, HazMat and technical rescue teams, rescue,
10engineering, warning services, communications, radiological,
11chemical and other special weapons defense, evacuation of
12persons from stricken or threatened areas, emergency assigned
13functions of plant protection, temporary restoration of public
14utility services, and other functions related to civilian
15protection, together with all other activities necessary or
16incidental to protecting life or property.
17 "Exercise" means an event or activity delivered through
18discussion or action to develop, assess, or validate
19capabilities to achieve planned objectives. a planned event
20realistically simulating a disaster, conducted for the purpose
21of evaluating the political subdivision's coordinated
22emergency management capabilities, including, but not limited
23to, testing the emergency operations plan.
24 "HazMat team" means a career or volunteer mobile support
25team that has been authorized by a unit of local government to
26respond to hazardous materials emergencies and that is

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1primarily designed for emergency response to chemical or
2biological terrorism, radiological emergencies, hazardous
3material spills, releases, or fires, or other contamination
4events.
5 "Illinois Emergency Management Agency and Office of
6Homeland Security" or "Agency" means the agency established by
7this Act within the executive branch of State Government
8responsible for coordination of the overall emergency
9management and homeland security programs program of the State
10and with private organizations, political subdivisions, and
11the federal government. "Illinois Emergency Management Agency
12and Office of Homeland Security" also means the State
13Emergency Response Commission responsible for the
14implementation of Title III of the Superfund Amendments and
15Reauthorization Act of 1986.
16 "Interoperable communications" means communications,
17including the exchange of voice data, and video on demand in
18real time, by emergency response providers and relevant State
19and local government agencies through a dedicated public
20safety network using information technology systems and radio
21communications systems.
22 "Mobile support team Support Team" means a group of
23individuals designated as a team by the Governor or Director
24to train prior to and to be dispatched, if the Governor or the
25Director so determines, to aid and reinforce the State and
26political subdivision emergency management efforts in response

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1to a disaster.
2 "Municipality" means any city, village, and incorporated
3town.
4 "Political subdivision Subdivision" means any county,
5city, village, or incorporated town or township if the
6township is in a county having a population of more than
72,000,000.
8 "Principal executive officer Executive Officer" means
9chair of the county board, supervisor of a township if the
10township is in a county having a population of more than
112,000,000, mayor of a city or incorporated town, president of
12a village, or in their absence or disability, the interim
13successor as established under Section 7 of the Emergency
14Interim Executive Succession Act.
15 "Public health emergency" means an occurrence or imminent
16threat of an illness or health condition that:
17 (a) is believed to be caused by any of the following:
18 (i) bioterrorism;
19 (ii) the appearance of a novel or previously
20 controlled or eradicated infectious agent or
21 biological toxin;
22 (iii) a natural disaster;
23 (iv) a chemical attack or accidental release; or
24 (v) a nuclear attack or accident; and
25 (b) poses a high probability of any of the following
26 harms:

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1 (i) a large number of deaths in the affected
2 population;
3 (ii) a large number of serious or long-term
4 disabilities in the affected population; or
5 (iii) widespread exposure to an infectious or
6 toxic agent that poses a significant risk of
7 substantial future harm to a large number of people in
8 the affected population.
9 "Statewide mutual aid organization" means an entity with
10local government members throughout the State that facilitates
11temporary assistance through its members in a particular
12public safety discipline, such as police, fire, or emergency
13management, when an occurrence exceeds a member jurisdiction's
14capabilities.
15 "Technical rescue team" means a career or volunteer mobile
16support team that has been authorized by a unit of local
17government to respond to building collapse, high angle rescue,
18and other specialized rescue emergencies and that is primarily
19designated for emergency response to technical rescue events.
20(Source: P.A. 102-485, eff. 8-20-21.)
21 (20 ILCS 3305/5) (from Ch. 127, par. 1055)
22 Sec. 5. Illinois Emergency Management Agency and Office of
23Homeland Security.
24 (a) Establishment of the Illinois Emergency Management
25Agency and Office of Homeland Security. There is created

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1within the executive branch of the State Government an
2Illinois Emergency Management Agency and Office of Homeland
3Security and a Director of the Illinois Emergency Management
4Agency and Office of Homeland Security, herein called the
5"Director" who shall be the head of the Agency thereof. The
6Director shall be appointed by the Governor, with the advice
7and consent of the Senate, and shall serve for a term of 2
8years beginning on the third Monday in January of the
9odd-numbered year, and until a successor is appointed and has
10qualified; except that the term of the first Director
11appointed under this Act shall expire on the third Monday in
12January, 1989. The Director shall not hold any other
13remunerative public office. For terms beginning after January
1418, 2019 (the effective date of Public Act 100-1179) and
15before January 16, 2023, the annual salary of the Director
16shall be as provided in Section 5-300 of the Civil
17Administrative Code of Illinois. Notwithstanding any other
18provision of law, for terms beginning on or after January 16,
192023, the Director shall receive an annual salary of $180,000
20or as set by the Governor, whichever is higher. On July 1,
212023, and on each July 1 thereafter, the Director shall
22receive an increase in salary based on a cost of living
23adjustment as authorized by Senate Joint Resolution 192 of the
2486th General Assembly.
25 For terms beginning on or after January 16, 2023, the
26Assistant Director of the Illinois Emergency Management Agency

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1shall receive an annual salary of $156,600 or as set by the
2Governor, whichever is higher. On July 1, 2023, and on each
3July 1 thereafter, the Assistant Director shall receive an
4increase in salary based on a cost of living adjustment as
5authorized by Senate Joint Resolution 192 of the 86th General
6Assembly.
7 (b) Agency personnel. The Illinois Emergency Management
8Agency shall obtain, under the provisions of the Personnel
9Code, technical, clerical, stenographic, and other
10administrative personnel, and may make expenditures within the
11appropriation therefor as may be necessary to carry out the
12purpose of this Act. The agency created by this Act is intended
13to be a successor to the agency created under the Illinois
14Emergency Services and Disaster Agency Act of 1975 and the
15personnel, equipment, records, and appropriations of that
16agency are transferred to the successor agency as of June 30,
171988 (the effective date of this Act).
18 (c) Responsibilities of the Director. The Director,
19subject to the direction and control of the Governor, shall be
20the executive head of the Illinois Emergency Management Agency
21and the State Emergency Response Commission and shall be
22responsible under the direction of the Governor, for carrying
23out the programs program for emergency management, nuclear and
24radiation safety, and homeland security of this State. The
25Director shall also maintain liaison and cooperate with the
26emergency management, nuclear and radiation safety, and

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

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1 provisions for hazardous chemical emergencies; and
2 (2) the assessment of emergency response capabilities
3 related to hazardous chemical emergencies.
4 (f) Emergency management responsibilities of the Agency.
5The Illinois Emergency Management Agency shall:
6 (1) Coordinate the overall emergency management
7 program of the State.
8 (2) Cooperate with local governments, the federal
9 government, and any public or private agency or entity in
10 achieving any purpose of this Act and in implementing
11 emergency management programs for mitigation,
12 preparedness, response, and recovery.
13 (2.5) (Blank). Develop a comprehensive emergency
14 preparedness and response plan for any nuclear accident in
15 accordance with Section 65 of the Nuclear Safety Law of
16 2004 and in development of the Illinois Nuclear Safety
17 Preparedness program in accordance with Section 8 of the
18 Illinois Nuclear Safety Preparedness Act.
19 (2.6) Coordinate with the Department of Public Health
20 with respect to planning for and responding to public
21 health emergencies.
22 (3) Prepare, for issuance by the Governor, executive
23 orders, proclamations, and regulations as necessary or
24 appropriate in coping with disasters.
25 (4) Promulgate rules and requirements for political
26 subdivision emergency operations plans that are not

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

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1 schools, political subdivisions, community groups, civic
2 organizations, and the media. Emphasis will be placed on
3 those areas of the State most at risk from an earthquake.
4 Maintain the list of all school districts, hospitals,
5 airports, power plants, including nuclear power plants,
6 lakes, dams, emergency response facilities of all types,
7 and all other major public or private structures which are
8 at the greatest risk of damage from earthquakes under
9 circumstances where the damage would cause subsequent harm
10 to the surrounding communities and residents.
11 (10) Disseminate all information, completely and
12 without delay, on water levels for rivers and streams and
13 any other data pertaining to potential flooding supplied
14 by the Division of Water Resources within the Department
15 of Natural Resources to all political subdivisions to the
16 maximum extent possible.
17 (11) Develop agreements, if feasible, with medical
18 supply and equipment firms to supply resources as are
19 necessary to respond to an earthquake or any other
20 disaster as defined in this Act. These resources will be
21 made available upon notifying the vendor of the disaster.
22 Payment for the resources will be in accordance with
23 Section 7 of this Act. The Illinois Department of Public
24 Health shall determine which resources will be required
25 and requested.
26 (11.5) In coordination with the Illinois State Police,

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

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1 (g) School and campus grants. The Illinois Emergency
2Management Agency is authorized to make grants to various
3higher education institutions, public K-12 school districts,
4area vocational centers as designated by the State Board of
5Education, inter-district special education cooperatives,
6regional safe schools, and nonpublic K-12 schools for safety
7and security improvements. For the purpose of this subsection
8(g), "higher education institution" means a public university,
9a public community college, or an independent, not-for-profit
10or for-profit higher education institution located in this
11State. Grants made under this subsection (g) shall be paid out
12of moneys appropriated for that purpose from the Build
13Illinois Bond Fund. The Illinois Emergency Management Agency
14shall adopt rules to implement this subsection (g). These
15rules may specify: (1) (i) the manner of applying for grants;
16(2) (ii) project eligibility requirements; (3) (iii)
17restrictions on the use of grant moneys; (4) (iv) the manner in
18which the various higher education institutions must account
19for the use of grant moneys; and (5) (v) any other provision
20that the Illinois Emergency Management Agency determines to be
21necessary or useful for the administration of this subsection
22(g).
23 (g-5) State not-for-profit security grants. The Illinois
24Emergency Management Agency is authorized to make grants to
25not-for-profit organizations which are exempt from federal
26income taxation under section 501(c)(3) of the Federal

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

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

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1related to funding shall be shared with all State legislative
2offices, the Governor's office, emergency services and
3disaster agencies mandated or required pursuant to subsections
4(b) through (d) of Section 10, and any other State agencies as
5determined by the Agency. Subject to appropriation, the grant
6application period shall be open for no less than 45 calendar
7days during the first application cycle each fiscal year,
8unless the Agency determines that a shorter period is
9necessary to avoid conflicts with the annual federal Nonprofit
10Security Grant Program funding cycle. Additional application
11cycles may be conducted during the same fiscal year, subject
12to availability of funds. Upon request, Agency staff shall
13provide reasonable assistance to any applicant in completing a
14grant application or meeting a post-award requirement.
15 (g-10) Homeland Security Advisor.
16 (1) A Homeland Security Advisor shall be appointed by
17 the Governor, by and with the advice and consent of the
18 Senate, shall report to the Governor. The Homeland
19 Security Advisor shall:
20 (A) advise the Governor or the Governor's
21 designees on matters of homeland security and
22 coordinate Illinois' homeland security and
23 preparedness efforts across all levels of government,
24 in order to protect the people and critical
25 infrastructure of Illinois;
26 (B) coordinate a uniform and cooperative

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1 statewide, strategic response to homeland security
2 threats as defined by, and in the sole discretion of,
3 the Governor;
4 (C) coordinate and provide policy recommendations
5 to the Governor and other State agencies on all
6 matters pertaining to homeland security;
7 (D) utilize the expertise and assistance of all
8 State agencies, commissions, and boards to carry out
9 their mission in support of the State's homeland
10 security efforts; each State agency, commission, or
11 board shall be required, to the extent not
12 inconsistent with law, to cooperate with the Homeland
13 Security Advisor; to facilitate a unified State
14 strategy on matters of homeland security, all State
15 agencies, boards, and commissions shall provide
16 briefings to the Homeland Security Advisor regularly
17 and upon request;
18 (E) serve as the State's primary liaison with all
19 federal agencies pertaining to homeland security
20 matters for the State;
21 (F) consistent with the United States Department
22 of Homeland Security standard operating procedures and
23 guidance, oversee and approve security clearance
24 requests for State personnel sent to the federal
25 government for final adjudication; coordinate with the
26 Illinois State Police on such clearance requests for

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1 law enforcement personnel; this subparagraph (F) shall
2 not apply to clearances issued by the Department of
3 Defense; and
4 (G) perform other duties related to homeland
5 security as directed by the Governor or the Governor's
6 designees.
7 (2) A Deputy Homeland Security Advisor, reporting to
8 the Homeland Security Advisor, shall be recommended by the
9 Homeland Security Advisor and appointed by the Governor by
10 and with the advice and consent of the Senate. The Deputy
11 Homeland Security Advisor shall:
12 (A) assume responsibilities of the Homeland
13 Security Advisor as needed or directed by the Governor
14 or Homeland Security Advisor;
15 (B) serve as the Deputy Director of the Office of
16 Homeland Security within the Agency;
17 (C) develop and execute the State's unified
18 homeland security strategy;
19 (D) serve as a representative of the Homeland
20 Security Advisor and the Agency's Office of Homeland
21 Security with all State agencies, commissions, and
22 boards for matters pertaining to homeland security;
23 and
24 (E) serve as a representative of the Homeland
25 Security Advisor and State with all federal agencies
26 for matters pertaining to homeland security.

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1 (3) The Homeland Security Advisor or Deputy Homeland
2 Security Advisor shall provide briefings to the Governor
3 and Lieutenant Governor as directed.
4 (4) The Agency shall coordinate with and provide
5 administrative support for the Homeland Security Advisor
6 and house the State's Office of Homeland Security. The
7 Director shall coordinate with the Homeland Security
8 Advisor to ensure the duties and actions of the Office of
9 Homeland Security are aligned with the State's homeland
10 security strategic goals and priorities.
11 (g-15) Homeland Security responsibilities of the Agency.
12The Agency, through its Office of Homeland Security, shall:
13 (1) support the Homeland Security Advisor in the
14 administration and coordination of homeland security and
15 preparedness efforts across all levels of government to
16 protect the people and critical infrastructure of
17 Illinois;
18 (2) oversee, plan, and distribute State and federal
19 funding for homeland security on the basis of risk,
20 threat, and vulnerability to ensure the most effective use
21 of limited resources, and guarantee that funds are used
22 for appropriate and necessary purposes;
23 (3) review all proposed State legislation pertaining
24 to homeland security matters and report to the Homeland
25 Security Advisor about such proposed legislation; review
26 existing legislation and recommend modifications,

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1 amendments, or initiatives to support or enhance the
2 State's homeland security and preparedness capabilities;
3 (4) ensure the implementation of the strategic
4 response and policy recommendations of the Governor and
5 Homeland Security Advisor pertaining to all matters of
6 homeland security;
7 (5) coordinate with all State agencies, commissions,
8 and boards, regarding matters of homeland security;
9 (6) coordinate with the Illinois State Police to
10 provide the United States Department of Homeland Security
11 with relevant reporting metrics and data pertaining to the
12 State;
13 (7) develop, at the direction of the Homeland Security
14 Advisor, and in cooperation with the Illinois State Police
15 and other appropriate State agencies, appropriate
16 protocols, staffing, training, and equipment guidelines
17 for the weapons of mass destruction teams that the
18 Governor, or the Governor's designee, may deploy in the
19 event or threat of a disaster;
20 (8) lead the State's homeland security public
21 education and risk communication messaging; and
22 (9) adopt rules necessary for the implementation of
23 homeland security programs.
24 (g-20) Nuclear and radiation safety responsibilities of
25the Agency. The Agency shall be responsible for nuclear and
26radiation safety and shall:

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1 (1) exercise, administer, and enforce all rights,
2 powers, and duties for nuclear and radiation safety
3 authorized in the Nuclear Safety Law of 2004 or successor
4 statutes;
5 (2) develop a comprehensive emergency preparedness and
6 response plan for any nuclear accident in accordance with
7 Section 65 of the Nuclear Safety Law of 2004 and an
8 Illinois nuclear safety preparedness program in accordance
9 with Section 8 of the Illinois Nuclear Safety Preparedness
10 Act or successor statutes; and
11 (3) have the right to enter on public and private
12 property in order to take environmental samples for
13 response to a disaster that reasonably could have caused
14 radioactive contamination.
15 (h) Donations and sponsorships. Except as provided in
16Section 17.5 of this Act, any moneys received by the Agency
17from donations or sponsorships unrelated to a disaster shall
18be deposited in the Emergency Planning and Training Fund and
19used by the Agency, subject to appropriation, to effectuate
20planning and training activities. Any moneys received by the
21Agency from donations during a disaster and intended for
22disaster response or recovery shall be deposited into the
23Disaster Response and Recovery Fund and used for disaster
24response and recovery pursuant to the Disaster Relief Act.
25 (i) Conference fees. The Illinois Emergency Management
26Agency may, by rule, assess and collect reasonable fees for

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1attendance at Agency-sponsored conferences to enable the
2Agency to carry out the requirements of this Act. Any moneys
3received under this subsection shall be deposited in the
4Emergency Planning and Training Fund and used by the Agency,
5subject to appropriation, for planning and training
6activities.
7 (j) Other grant-making powers. The Illinois Emergency
8Management Agency is authorized to make grants to other State
9agencies, public universities, units of local government, and
10statewide mutual aid organizations to enhance statewide
11emergency preparedness and response.
12 (k) Agency's responsibility to implement and administer
13the Act. The Agency shall do all other things necessary,
14incidental, or appropriate for the implementation of this Act,
15including the adoption of rules in accordance with the
16Illinois Administrative Procedure Act.
17(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
18102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.
191-1-24.)
20 (20 ILCS 3305/6) (from Ch. 127, par. 1056)
21 Sec. 6. Emergency management powers Management Powers of
22the Governor.
23 (a) The Governor shall have general direction and control
24of the Illinois Emergency Management Agency and shall be
25responsible for the carrying out of the provisions of this

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1Act.
2 (b) In performing duties under this Act, the Governor is
3authorized to cooperate with the federal government and with
4other states in all matters pertaining to emergency
5management, nuclear and radiation safety, and homeland
6security.
7 (c) In performing duties under this Act, the Governor is
8further authorized:
9 (1) To make, amend, and rescind all lawful necessary
10 orders, rules, and regulations to carry out the provisions
11 of this Act within the limits of the authority conferred
12 upon the Governor.
13 (2) To cause to be prepared a comprehensive plans plan
14 and programs program for the emergency management, nuclear
15 and radiation safety, and homeland security of this State,
16 which plans and programs plan and program shall be
17 integrated into and coordinated with emergency management,
18 nuclear and radiation safety, and homeland security plans
19 and programs of the federal government and of other states
20 whenever possible and which plans and programs plan and
21 program may include:
22 a. Mitigation of injury and damage caused by
23 disaster.
24 b. Prompt and effective response to disaster.
25 c. Emergency relief.
26 d. Identification of areas particularly vulnerable

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1 to disasters.
2 e. Recommendations for zoning, building, and other
3 land-use controls, safety measures for securing
4 permanent structures, and other mitigation measures
5 designed to eliminate or reduce disasters or their
6 impact.
7 f. Assistance to political subdivisions in
8 designing emergency operations plans.
9 g. Authorization and procedures for the erection
10 or other construction of temporary works designed to
11 mitigate danger, damage, or loss from flood, or other
12 disaster.
13 h. Preparation and distribution to the appropriate
14 State and political subdivision officials of a State
15 catalog of federal, State, and private assistance
16 programs.
17 i. Organization of State personnel and chains of
18 command.
19 j. Coordination of federal, State, and political
20 subdivision emergency management, nuclear and
21 radiation safety, and homeland security activities.
22 k. Other necessary matters.
23 (3) In accordance with the plans plan and programs
24 program for the emergency management, nuclear and
25 radiation safety, and homeland security of this State, and
26 out of funds appropriated for these purposes, to procure

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1 and preposition supplies, medicines, materials, and
2 equipment, to institute training programs and public
3 information programs, and to take all other preparatory
4 steps including the partial or full mobilization of
5 emergency services and disaster agencies in advance of
6 actual disaster to insure the furnishing of adequately
7 trained and equipped forces for disaster response and
8 recovery.
9 (4) Out of funds appropriated for these purposes, to
10 make studies and surveys of the industries, resources, and
11 facilities in this State as may be necessary to ascertain
12 the capabilities of the State for emergency management
13 phases of mitigation, preparedness, response, and recovery
14 and to plan for the most efficient emergency use thereof.
15 (5) On behalf of this State, to negotiate for and
16 submit to the General Assembly for its approval or
17 rejection reciprocal mutual aid agreements or compacts
18 with other states, either on a statewide or political
19 subdivision basis. The agreements or compacts, shall be
20 limited to the furnishing or exchange of food, clothing,
21 medical, or other supplies; , engineering and police
22 services; emergency housing and feeding; National and
23 State Guards while under the control of the State; health,
24 medical, and related services; and fire fighting, rescue,
25 transportation, communication, and construction services
26 and equipment, provided, however, that if the General

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1 Assembly be not in session and the Governor has not
2 proclaimed the existence of a disaster under this Section,
3 then the agreements or compacts shall instead be submitted
4 to an Interim Committee on Emergency Management composed
5 of 5 Senators appointed by the President of the Senate and
6 of 5 Representatives appointed by the Speaker of the
7 House, during the month of June of each odd-numbered year
8 to serve for a 2-year 2 year term, beginning July 1 of that
9 year, and until their successors are appointed and
10 qualified, or until termination of their legislative
11 service, whichever first occurs. Vacancies shall be filled
12 by appointment for the unexpired term in the same manner
13 as original appointments. All appointments shall be made
14 in writing and filed with the Secretary of State as a
15 public record. The Committee shall have the power to
16 approve or reject any agreements or compacts for and on
17 behalf of the General Assembly; and, provided further,
18 that an affirmative vote of 2/3 of the members of the
19 Committee shall be necessary for the approval of any
20 agreement or compact.
21(Source: P.A. 92-73, eff. 1-1-02.)
22 (20 ILCS 3305/7) (from Ch. 127, par. 1057)
23 Sec. 7. Emergency powers Powers of the Governor. In the
24event of a disaster, as defined in Section 4, the Governor may,
25by proclamation, declare that a disaster exists. Upon such

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1proclamation, the Governor shall have and may exercise for a
2period not to exceed 30 days the following emergency powers;
3provided, however, that the lapse of the emergency powers
4shall not, as regards any act or acts occurring or committed
5within the 30-day period, deprive any person, firm,
6corporation, political subdivision, or body politic of any
7right or rights to compensation or reimbursement which he,
8she, it, or they may have under the provisions of this Act:
9 (1) To suspend the provisions of any regulatory
10 statute prescribing procedures for conduct of State
11 business, or the orders, rules, and regulations of any
12 State agency, if strict compliance with the provisions of
13 any statute, order, rule, or regulation would in any way
14 prevent, hinder, or delay necessary action, including
15 emergency purchases, by the Illinois Emergency Management
16 Agency, in coping with the disaster.
17 (2) To utilize all available resources of the State
18 government as reasonably necessary to cope with the
19 disaster and of each political subdivision of the State.
20 (3) To transfer the direction, personnel, or functions
21 of State departments and agencies or units thereof for the
22 purpose of performing or facilitating disaster response
23 and recovery programs.
24 (4) On behalf of this State to take possession of, and
25 to acquire full title or a lesser specified interest in,
26 any personal property as may be necessary to accomplish

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1 the objectives set forth in Section 2 of this Act,
2 including: airplanes, automobiles, trucks, trailers,
3 buses, and other vehicles; coal, oils, gasoline, and other
4 fuels and means of propulsion; explosives, materials,
5 equipment, and supplies; animals and livestock; feed and
6 seed; food and provisions for humans and animals; clothing
7 and bedding; and medicines and medical and surgical
8 supplies; and to take possession of and for a limited
9 period occupy and use any real estate necessary to
10 accomplish those objectives; but only upon the undertaking
11 by the State to pay just compensation therefor as in this
12 Act provided, and then only under the following
13 provisions:
14 a. The Governor, or the person or persons as the
15 Governor may authorize so to do, may forthwith take
16 possession of property for and on behalf of the State;
17 provided, however, that the Governor or persons shall
18 simultaneously with the taking, deliver to the owner
19 or his or her agent, if the identity of the owner or
20 agency is known or readily ascertainable, a signed
21 statement in writing, that shall include the name and
22 address of the owner, the date and place of the taking,
23 description of the property sufficient to identify it,
24 a statement of interest in the property that is being
25 so taken, and, if possible, a statement in writing,
26 signed by the owner, setting forth the sum that he or

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1 she is willing to accept as just compensation for the
2 property or use. Whether or not the owner or agent is
3 known or readily ascertainable, a true copy of the
4 statement shall promptly be filed by the Governor or
5 the person with the Director, who shall keep the
6 docket of the statements. In cases where the sum that
7 the owner is willing to accept as just compensation is
8 less than $1,000, copies of the statements shall also
9 be filed by the Director with, and shall be passed upon
10 by an Emergency Management Claims Commission,
11 consisting of 3 disinterested citizens who shall be
12 appointed by the Governor, by and with the advice and
13 consent of the Senate, within 20 days after the
14 Governor's declaration of a disaster, and if the sum
15 fixed by them as just compensation be less than $1,000
16 and is accepted in writing by the owner, then the State
17 Treasurer out of funds appropriated for these
18 purposes, shall, upon certification thereof by the
19 Emergency Management Claims Commission, cause the sum
20 so certified forthwith to be paid to the owner. The
21 Emergency Management Claims Commission is hereby given
22 the power to issue appropriate subpoenas and to
23 administer oaths to witnesses and shall keep
24 appropriate minutes and other records of its actions
25 upon and the disposition made of all claims.
26 b. When the compensation to be paid for the taking

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1 or use of property or interest therein is not or cannot
2 be determined and paid under item a of this paragraph
3 (4), a petition in the name of The People of the State
4 of Illinois shall be promptly filed by the Director,
5 which filing may be enforced by mandamus, in the
6 circuit court of the county where the property or any
7 part thereof was located when initially taken or used
8 under the provisions of this Act praying that the
9 amount of compensation to be paid to the person or
10 persons interested therein be fixed and determined.
11 The petition shall include a description of the
12 property that has been taken, shall state the physical
13 condition of the property when taken, shall name as
14 defendants all interested parties, shall set forth the
15 sum of money estimated to be just compensation for the
16 property or interest therein taken or used, and shall
17 be signed by the Director. The litigation shall be
18 handled by the Attorney General for and on behalf of
19 the State.
20 c. Just compensation for the taking or use of
21 property or interest therein shall be promptly
22 ascertained in proceedings and established by judgment
23 against the State, that shall include, as part of the
24 just compensation so awarded, interest at the rate of
25 6% per annum on the fair market value of the property
26 or interest therein from the date of the taking or use

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1 to the date of the judgment; and the court may order
2 the payment of delinquent taxes and special
3 assessments out of the amount so awarded as just
4 compensation and may make any other orders with
5 respect to encumbrances, rents, insurance, and other
6 charges, if any, as shall be just and equitable.
7 (5) When required by the exigencies of the disaster,
8 to sell, lend, rent, give, or distribute all or any part of
9 property so or otherwise acquired to the inhabitants of
10 this State, or to political subdivisions of this State,
11 or, under the interstate mutual aid agreements or compacts
12 as are entered into under the provisions of subparagraph
13 (5) of paragraph (c) of Section 6 to other states, and to
14 account for and transmit to the State Treasurer all funds,
15 if any, received therefor.
16 (6) To recommend the evacuation of all or part of the
17 population from any stricken or threatened area within the
18 State if the Governor deems this action necessary.
19 (7) To prescribe routes, modes of transportation, and
20 destinations in connection with evacuation.
21 (8) To control ingress and egress to and from a
22 disaster area, the movement of persons within the area,
23 and the occupancy of premises therein.
24 (9) To suspend or limit the sale, dispensing, or
25 transportation of alcoholic beverages, firearms,
26 explosives, and combustibles.

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1 (10) To make provision for the availability and use of
2 temporary emergency housing.
3 (11) A proclamation of a disaster shall activate the
4 State Emergency Operations Plan, and political subdivision
5 emergency operations plans applicable to the political
6 subdivision or area in question and be authority for the
7 deployment and use of any forces that the plan or plans
8 apply and for use or distribution of any supplies,
9 equipment, and materials and facilities assembled,
10 stockpiled, or arranged to be made available under this
11 Act or any other provision of law relating to disasters.
12 (12) Control, restrict, and regulate by rationing,
13 freezing, use of quotas, prohibitions on shipments, price
14 fixing, allocation, or other means, the use, sale, or
15 distribution of food, feed, fuel, clothing, and other
16 commodities, materials, goods, or services; and perform
17 and exercise any other functions, powers, and duties as
18 may be necessary to promote and secure the safety and
19 protection of the civilian population.
20 (13) During the continuance of any disaster the
21 Governor is commander-in-chief of the organized and
22 unorganized militia and of all other forces available for
23 emergency duty. To the greatest extent practicable, the
24 Governor shall delegate or assign authority to the
25 Director to manage, coordinate, and direct all resources
26 by orders issued at the time of the disaster.

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1 (14) Prohibit increases in the prices of goods and
2 services during a disaster.
3(Source: P.A. 102-485, eff. 8-20-21.)
4 (20 ILCS 3305/8) (from Ch. 127, par. 1058)
5 Sec. 8. Mobile support teams Support Teams.
6 (a) The Governor or Director may cause to be created
7Mobile Support Teams to aid and to reinforce the Illinois
8Emergency Management Agency, and emergency services and
9disaster agencies in areas stricken by disaster. Each mobile
10support team shall have a leader, selected by the Director who
11will be responsible, under the direction and control of the
12Director, for the organization, administration, and training,
13and operation of the mobile support team.
14 (b) Personnel of a mobile support team while on duty
15pursuant to such a call or while engaged in regularly
16scheduled training or exercises, whether within or without the
17State, shall either:
18 (1) If they are paid employees of the State, have the
19 powers, duties, rights, privileges, and immunities and
20 receive the compensation incidental to their employment.
21 (2) If they are paid employees of a political
22 subdivision or body politic of this State, and whether
23 serving within or without that political subdivision or
24 body politic, have the powers, duties, rights, privileges,
25 and immunities, and receive the compensation incidental to

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1 their employment.
2 (3) If they are not employees of the State, political
3 subdivision, or body politic, or being such employees, are
4 not normally paid for their services, be entitled to at
5 least one dollar per year compensation from the State.
6 Personnel of a mobile support team who suffer disease,
7injury or death arising out of or in the course of emergency
8duty, shall for the purposes of benefits under the Workers'
9Compensation Act or Workers' Occupational Diseases Act only,
10be deemed to be employees of this State. If the person
11diseased, injured, or killed is an employee described in item
12(3) above, the computation of benefits payable under either of
13those Acts shall be based on income commensurate with
14comparable State employees doing the same type of work or
15income from the person's regular employment, whichever is
16greater.
17 All personnel of mobile support teams shall, while on duty
18under such call, be reimbursed by this State for all actual and
19necessary travel and subsistence expenses.
20 (c) The State shall reimburse each political subdivision
21or body politic from the Disaster Response and Recovery Fund
22for the compensation paid and the actual and necessary travel,
23subsistence, and maintenance expenses of paid employees of the
24political subdivision or body politic while serving, outside
25of its geographic geographical boundaries pursuant to such a
26call, as members of a mobile support team, and for all payments

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1made for death, disease, or injury of those paid employees
2arising out of and incurred in the course of that duty, and for
3all losses of or damage to supplies and equipment of the
4political subdivision or body politic resulting from the
5operations.
6 (d) Whenever mobile support teams or units of another
7state, while the Governor has the emergency powers provided
8for under Section 7 of this Act, render aid to this State under
9the orders of the Governor of its home state and upon the
10request of the Governor of this State, all questions relating
11to reimbursement by this State to the other state and its
12citizens in regard to the assistance so rendered shall be
13determined by the mutual aid agreements or interstate compacts
14described in subparagraph (5) of paragraph (c) of Section 6 as
15are existing at the time of the assistance rendered or are
16entered into thereafter and under Section 303 (d) of the
17Federal Civil Defense Act of 1950.
18 (e) No personnel of mobile support teams of this State may
19be ordered by the Governor to operate in any other state unless
20a request for the same has been made by the Governor or duly
21authorized representative of the other state.
22(Source: P.A. 98-465, eff. 8-16-13.)
23 (20 ILCS 3305/10) (from Ch. 127, par. 1060)
24 Sec. 10. Emergency services and disaster agencies Services
25and Disaster Agencies.

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1 (a) Each political subdivision within this State shall be
2within the jurisdiction of and served by the Illinois
3Emergency Management Agency and by an emergency services and
4disaster agency responsible for emergency management programs.
5A township, if the township is in a county having a population
6of more than 2,000,000, must have approval of the county
7coordinator before establishment of a township emergency
8services and disaster agency.
9 (b) Unless multiple county emergency services and disaster
10agency consolidation is authorized by the Illinois Emergency
11Management Agency with the consent of the respective counties,
12each county shall maintain an emergency services and disaster
13agency that has jurisdiction over and serves the entire
14county, except as otherwise provided under this Act and except
15that in any county with a population of over 3,000,000
16containing a municipality with a population of over 500,000
17the jurisdiction of the county agency shall not extend to the
18municipality when the municipality has established its own
19agency.
20 (c) Each municipality with a population of over 500,000
21shall maintain an emergency services and disaster agency which
22has jurisdiction over and serves the entire municipality. A
23municipality with a population less than 500,000 may
24establish, by ordinance, an agency or department responsible
25for emergency management within the municipality's corporate
26limits.

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1 (d) The Governor shall determine which municipal
2corporations, other than those specified in paragraph (c) of
3this Section, need emergency services and disaster agencies of
4their own and require that they be established and maintained.
5The Governor shall make these determinations on the basis of
6the municipality's disaster vulnerability and capability of
7response related to population size and concentration. The
8emergency services and disaster agency of a county or
9township, shall not have a jurisdiction within a political
10subdivision having its own emergency services and disaster
11agency, but shall cooperate with the emergency services and
12disaster agency of a city, village, or incorporated town
13within their borders. The Illinois Emergency Management Agency
14shall publish and furnish a current list to the municipalities
15required to have an emergency services and disaster agency
16under this subsection.
17 (e) Each municipality that is not required to and does not
18have an emergency services and disaster agency shall have a
19liaison officer designated to facilitate the cooperation and
20protection of that municipal corporation with the county
21emergency services and disaster agency in which it is located
22in the work of disaster mitigation, preparedness, response,
23and recovery.
24 (f) The principal executive officer or his or her designee
25of each political subdivision in the State shall annually
26notify the Illinois Emergency Management Agency of the manner

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1in which the political subdivision is providing or securing
2emergency management, identify the executive head of the
3agency or the department from which the service is obtained,
4or the liaison officer in accordance with subsection (e),
5paragraph (d) of this Section and furnish additional
6information relating thereto as the Illinois Emergency
7Management Agency requires.
8 (g) Each emergency services and disaster agency shall
9prepare an emergency operations plan for its geographic
10boundaries that complies with planning, review, and approval
11standards promulgated by the Illinois Emergency Management
12Agency. The Illinois Emergency Management Agency shall
13determine which jurisdictions will be required to include
14earthquake preparedness in their local emergency operations
15plans.
16 (h) The emergency services and disaster agency shall
17prepare and distribute to all appropriate officials in written
18form a clear and complete statement of the emergency
19responsibilities of all local departments and officials and of
20the disaster chain of command.
21 (i) Each emergency services and disaster agency shall have
22a Coordinator who shall be appointed by the principal
23executive officer of the political subdivision in the same
24manner as are the heads of regular governmental departments.
25If the political subdivision is a county and the principal
26executive officer appoints the sheriff as the Coordinator, the

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1sheriff may, in addition to his or her regular compensation,
2receive additional compensation as provided for by the
3political subdivision at the same level as provided in Section
43-6037 of the Counties Code 3 of "An Act in relation to the
5regulation of motor vehicle traffic and the promotion of
6safety on public highways in counties", approved August 9,
71951, as amended. The Coordinator shall have direct
8responsibility for the organization, administration, training,
9and operation of the emergency services and disaster agency,
10subject to the direction and control of that principal
11executive officer. Each emergency services and disaster agency
12shall coordinate and may perform emergency management
13functions within the territorial limits of the political
14subdivision within which it is organized as are prescribed in
15and by the State Emergency Operations Plan, and programs,
16orders, rules, and regulations as may be promulgated by the
17Illinois Emergency Management Agency and by local ordinance
18and, in addition, shall conduct such functions outside of
19those territorial limits as may be required under mutual aid
20agreements and compacts as are entered into under subparagraph
21(5) of paragraph (c) of Section 6.
22 (j) In carrying out the provisions of this Act, each
23political subdivision may enter into contracts and incur
24obligations necessary to place it in a position effectively to
25combat the disasters as are described in Section 4, to protect
26the health and safety of persons, to protect property, and to

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1provide emergency assistance to victims of those disasters. If
2a disaster occurs, each political subdivision may exercise the
3powers vested under this Section in the light of the
4exigencies of the disaster and, excepting mandatory
5constitutional requirements, without regard to the procedures
6and formalities normally prescribed by law pertaining to the
7performance of public work, entering into contracts, the
8incurring of obligations, the employment of temporary workers,
9the rental of equipment, the purchase of supplies and
10materials, and the appropriation, expenditure, and disposition
11of public funds and property.
12 (k) Volunteers who, while engaged in a disaster, an
13exercise, training related to the emergency operations plan of
14the political subdivision, or a search-and-rescue team
15response to an occurrence or threat of injury or loss of life
16that is beyond local response capabilities, suffer disease,
17injury, or death, shall, for the purposes of benefits under
18the Workers' Compensation Act or Workers' Occupational
19Diseases Act only, be deemed to be employees of the State, if:
20(1) the claimant is a duly qualified and enrolled (sworn in) as
21a volunteer of the Illinois Emergency Management Agency or an
22emergency services and disaster agency accredited by the
23Illinois Emergency Management Agency, and (2) if: (i) the
24claimant was participating in a disaster as defined in Section
254 of this Act, (ii) the exercise or training participated in
26was specifically and expressly approved by the Illinois

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1Emergency Management Agency prior to the exercise or training,
2or (iii) the search-and-rescue team response was to an
3occurrence or threat of injury or loss of life that was beyond
4local response capabilities and was specifically and expressly
5approved by the Illinois Emergency Management Agency prior to
6the search-and-rescue team response. The computation of
7benefits payable under either of those Acts shall be based on
8the income commensurate with comparable State employees doing
9the same type work or income from the person's regular
10employment, whichever is greater.
11 Volunteers who are working under the direction of an
12emergency services and disaster agency accredited by the
13Illinois Emergency Management Agency, pursuant to a plan
14approved by the Illinois Emergency Management Agency (i)
15during a disaster declared by the Governor under Section 7 of
16this Act, or (ii) in circumstances otherwise expressly
17approved by the Illinois Emergency Management Agency, shall be
18deemed exclusively employees of the State for purposes of
19Section 8(d) of the Court of Claims Act, provided that the
20Illinois Emergency Management Agency may, in coordination with
21the emergency services and disaster agency, audit
22implementation for compliance with the plan.
23 (l) If any person who is entitled to receive benefits
24through the application of this Section receives, in
25connection with the disease, injury, or death giving rise to
26such entitlement, benefits under an Act of Congress or federal

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1program, benefits payable under this Section shall be reduced
2to the extent of the benefits received under that other Act or
3program.
4(m) (1) Prior to conducting an exercise, the principal
5executive officer of a political subdivision or his or her
6designee shall provide area media with written notification of
7the exercise. The notification shall indicate that information
8relating to the exercise shall not be released to the public
9until the commencement of the exercise. The notification shall
10also contain a request that the notice be so posted to ensure
11that all relevant media personnel are advised of the exercise
12before it begins.
13 (2) During the conduct of an exercise, all messages, 2-way
14two-way radio communications, briefings, status reports, news
15releases, and other oral or written communications shall begin
16and end with the following statement: "This is an exercise
17message".
18(Source: P.A. 94-733, eff. 4-27-06.)
19 (20 ILCS 3305/12) (from Ch. 127, par. 1062)
20 Sec. 12. Testing of disaster warning devices Disaster
21Warning Devices. The testing of disaster warning devices
22including outdoor warning sirens shall be held only on the
23first Tuesday of each month at 10 o'clock in the morning or
24during exercises that are specifically and expressly approved
25in advance by the Illinois Emergency Management Agency.

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1(Source: P.A. 92-73, eff. 1-1-02.)
2 (20 ILCS 3305/14) (from Ch. 127, par. 1064)
3 Sec. 14. Communications. The Illinois Emergency Management
4Agency shall ascertain what means exist for rapid and
5efficient communications in times of disaster. The Illinois
6Emergency Management Agency shall consider the desirability of
7supplementing these communications resources or of integrating
8them into a comprehensive State or State-Federal
9telecommunications or other communications system or network.
10In studying the character and feasibility of any system or its
11several parts, the Illinois Emergency Management Agency shall
12evaluate the possibility of multipurpose use thereof for
13general State and political subdivision purposes. The Illinois
14Emergency Management Agency may promulgate rules to establish
15policies and procedures relating to telecommunications and the
16continuation of rapid and efficient communications in times of
17disaster to the extent authorized by any provision of this Act
18or other laws and regulations. The Illinois Emergency
19Management Agency shall make recommendations to the Governor
20as appropriate.
21(Source: P.A. 86-755; 87-168.)
22 (20 ILCS 3305/18) (from Ch. 127, par. 1068)
23 Sec. 18. Orders, rules, and regulations Rules and
24Regulations.

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1 (a) The Governor shall file a copy of every rule,
2regulation, or order, and any amendment thereof made by the
3Governor under the provisions of this Act in the office of the
4Secretary of State. Upon No rule, regulation or order, or any
5amendment thereof shall be effective until 10 days after the
6filing, provided, however, that upon the declaration of a
7disaster by the Governor as is described in Section 7 the
8provision relating to the effective date of any rule,
9regulation, order, or amendment issued under this Act and
10during the state of disaster is abrogated, and the rule,
11regulation, order, or amendment shall become effective
12immediately upon being filed with the Secretary of State
13accompanied by a certificate stating the reason as required by
14the Illinois Administrative Procedure Act.
15 (b) Every emergency services and disaster agency
16established pursuant to this Act and the coordinators thereof
17shall execute and enforce the orders, rules and regulations as
18may be made by the Governor under authority of this Act. Each
19emergency services and disaster agency shall have available
20for inspection at its office all orders, rules, and
21regulations made by the Governor, or under the Governor's
22authority. The Illinois Emergency Management Agency shall
23publish furnish on the Agency's Department's website the
24orders, rules, and regulations to each such emergency services
25and disaster agency. Upon the written request of an emergency
26services and or disaster agency, copies thereof shall be

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1mailed to the emergency services and or disaster agency.
2(Source: P.A. 98-44, eff. 6-28-13.)
3 (20 ILCS 3305/20) (from Ch. 127, par. 1070)
4 Sec. 20. Oath Emergency Management Agency; personnel;
5oath. Each person, whether compensated or noncompensated, who
6is appointed to serve in any capacity in the Illinois
7Emergency Management Agency and Office of Homeland Security or
8an emergency services and disaster agency, shall, before
9entering upon his or her duties, take an oath, in writing,
10before the Director or before the coordinator of that
11emergency services and disaster agency or before other persons
12authorized to administer oaths in this State, which oath shall
13be filed with the Director or with the coordinator of the
14emergency services and disaster agency with which he or she
15shall serve and which oath shall be substantially as follows:
16 "I, _______________, do solemnly swear (or affirm) that I
17will support and defend and bear true faith and allegiance to
18the Constitution of the United States and the Constitution of
19the State of Illinois, and the territory, institutions and
20facilities thereof, both public and private, against all
21enemies, foreign and domestic; that I take this obligation
22freely, without any mental reservation or purpose of evasion;
23and that I will well and faithfully discharge the duties upon
24which I am about to enter. And I do further swear (or affirm)
25that I do not advocate, nor am I, nor have I been a member of

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1any political party or organization that advocates the
2overthrow of the government of the United States or of this
3State by force or violence; and that during such time as I am
4affiliated with the (name of political subdivision), I will
5not advocate nor become a member of any political party or
6organization that advocates the overthrow of the government of
7the United States or of this State by force or violence."
8(Source: P.A. 92-73, eff. 1-1-02.)
9 (20 ILCS 3305/23)
10 (Section scheduled to be repealed on January 1, 2032)
11 Sec. 23. Access and Functional Needs Advisory Committee.
12 (a) In this Section, "Advisory Committee" means the Access
13and Functional Needs Advisory Committee.
14 (b) The Access and Functional Needs Advisory Committee is
15created.
16 (c) The Advisory Committee shall:
17 (1) Coordinate meetings occurring, at a minimum, 3
18 times each year, in addition to emergency meetings called
19 by the chairperson of the Advisory Committee.
20 (2) Research and provide recommendations for
21 identifying and effectively responding to the needs of
22 persons with access and functional needs before, during,
23 and after a disaster using an intersectional lens for
24 equity.
25 (3) Provide recommendations to the Illinois Emergency

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1 Management Agency regarding how to ensure that persons
2 with a disability are included in disaster strategies and
3 emergency management plans, including updates and
4 implementation of disaster strategies and emergency
5 management plans.
6 (4) Review and provide recommendations for the
7 Illinois Emergency Management Agency, and all relevant
8 State agencies that are involved in drafting and
9 implementing the Illinois Emergency Operation Plan, to
10 integrate access and functional needs into State and local
11 emergency plans.
12 (d) The Advisory Committee shall be composed of the
13Director of the Illinois Emergency Management Agency or his or
14her designee, the Attorney General or his or her designee, the
15Secretary of Human Services or his or her designee, the
16Director of Aging or his or her designee, and the Director of
17Public Health or his or her designee, together with the
18following members appointed by the Governor on or before
19January 1, 2022:
20 (1) Two members, either from a municipal or
21 county-level emergency agency or a local emergency
22 management coordinator.
23 (2) Nine members from the community of persons with a
24 disability who represent persons with different types of
25 disabilities, including, but not limited to, individuals
26 with mobility and physical disabilities, hearing and

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1 visual disabilities, deafness or who are hard of hearing,
2 blindness or who have low vision, mental health
3 disabilities, and intellectual or developmental
4 disabilities. Members appointed under this paragraph shall
5 reflect a diversity of age, gender, race, and ethnic
6 background.
7 (3) Four members who represent first responders from
8 different geographic geographical regions around the
9 State.
10 (e) Of those members appointed by the Governor, the
11initial appointments of 6 members shall be for terms of 2 years
12and the initial appointments of 5 members shall be for terms of
134 years. Thereafter, members shall be appointed for terms of 4
14years. A member shall serve until his or her successor is
15appointed and qualified. If a vacancy occurs in the Advisory
16Committee membership, the vacancy shall be filled in the same
17manner as the original appointment for the remainder of the
18unexpired term.
19 (f) After all the members are appointed, and annually
20thereafter, they shall elect a chairperson from among the
21members appointed under paragraph (2) of subsection (d).
22 (g) The initial meeting of the Advisory Committee shall be
23convened by the Director of the Illinois Emergency Management
24Agency no later than February 1, 2022.
25 (h) Advisory Committee members shall serve without
26compensation.

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1 (i) The Illinois Emergency Management Agency shall provide
2administrative support to the Advisory Committee.
3 (j) The Advisory Committee shall prepare and deliver a
4report to the General Assembly, the Governor's Office, and the
5Illinois Emergency Management Agency by July 1, 2022, and
6annually thereafter. The report shall include the following:
7 (1) Identification of core emergency management
8 services that need to be updated or changed to ensure the
9 needs of persons with a disability are met, and shall
10 include disaster strategies in State and local emergency
11 plans.
12 (2) Any proposed changes in State policies, laws,
13 rules, or regulations necessary to fulfill the purposes of
14 this Act.
15 (3) Recommendations on improving the accessibility and
16 effectiveness of disaster and emergency communication.
17 (4) Recommendations on comprehensive training for
18 first responders and other frontline workers when working
19 with persons with a disability during emergency situations
20 or disasters, as defined in Section 4 of the Illinois
21 Emergency Management Agency Act.
22 (5) Any additional recommendations regarding emergency
23 management and persons with a disability that the Advisory
24 Committee deems necessary.
25 (k) The annual report prepared and delivered under
26subsection (j) shall be annually considered by the Illinois

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1Emergency Management Agency when developing new State and
2local emergency plans or updating existing State and local
3emergency plans.
4 (l) The Advisory Committee is dissolved and this Section
5is repealed on January 1, 2032.
6(Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21;
7103-154, eff. 6-30-23.)
8 (20 ILCS 3305/24 new)
9 Sec. 24. Illinois Homeland Security Advisory Council
10(IL-HSAC).
11 (a) The Illinois Homeland Security Advisory Council
12(IL-HSAC) is hereby created.
13 (b) The IL-HSAC shall report directly to the Homeland
14Security Advisor, who shall serve as the Chairperson.
15 (c) The Deputy Homeland Security Advisor shall serve as
16Vice-Chair.
17 (d) The Homeland Security Advisor may appoint a Chair Pro
18Tempore to oversee the daily operations and administrative
19responsibilities of the IL-HSAC.
20 (e) The Homeland Security Advisor shall, with approval of
21the Governor, modify the structure of the IL-HSAC as
22appropriate and consistent with this Section.
23 (f) The IL-HSAC shall submit an annual report to the
24Governor by March 1 of each year. The report shall detail the
25activities, accomplishments, and recommendations of the

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1IL-HSAC in the preceding year.
2 (g) The Agency shall provide administrative support for
3the IL-HSAC.
4 (h) Entities may be appointed to IL-HSAC with nomination
5by the Homeland Security Advisor and approval by the Governor.
6 (i) The IL-HSAC shall have the following powers and
7duties:
8 (1) The IL-HSAC shall serve as the State Advisory
9 Committee with respect to funds received through the
10 federal Homeland Security Grant Program. In that capacity,
11 the IL-HSAC shall provide recommendations to the Homeland
12 Security Advisor on issues related to the application for
13 and use of all appropriate federal funding that relates to
14 preventing, protecting against, mitigating, responding to
15 and recovering from acts of terrorism and other threats.
16 (2) The IL-HSAC shall provide recommendations to the
17 Homeland Security Advisor on the following:
18 (A) appropriate training of local, regional, and
19 state officials to respond to terrorist incidents
20 involving conventional, chemical, biological, and
21 nuclear weapons;
22 (B) applications for and use of all appropriate
23 State and other funds as may be appropriate and
24 available relating to homeland security;
25 (C) public safety preparedness and mutual aid to
26 include strategies and tactics to coordinate

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1 multi-agency response to significant events, such as
2 acts of terrorism or natural disasters, where
3 coordination of local, State, and private resources is
4 necessary;
5 (D) coordination of public safety resources and
6 combating terrorism in Illinois; and
7 (E) any changes needed in State statutes,
8 administrative rules, or in the Illinois Emergency
9 Operations Plan.
10 (20 ILCS 3305/25 new)
11 Sec. 25. Statewide Interoperability Coordinator.
12 (a) The Statewide Interoperability Coordinator is hereby
13created as a position within the Agency's Office of Homeland
14Security.
15 (b) The duties and responsibilities of the Statewide
16Interoperability Coordinator shall be as follows:
17 (1) The Statewide Interoperability Coordinator shall
18 serve as the central coordination point for the State's
19 communications interoperability and shall assist with
20 mediation between State and local agencies to achieve an
21 interoperable communications system.
22 (2) The Statewide Interoperability Coordinator shall
23 develop and disseminate best practices for public safety
24 communications interoperability.
25 (3) The Statewide Interoperability Coordinator shall

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1 advise the Homeland Security Advisor and Deputy Director
2 of the Agency's Office of Homeland Security on public
3 safety communications interoperability.
4 (4) The Statewide Interoperability Coordinator shall
5 serve as a member of the Statewide Interoperability
6 Executive Committee or its successor entity and may act on
7 behalf of the Statewide Interoperability Executive
8 Committee.
9 (5) The Statewide Interoperability Coordinator shall
10 recommend regulatory changes relating to public safety
11 communications and interoperability activities in
12 partnership with 9-1-1 administrators, operators of
13 statewide radio systems, emergency management
14 coordinators, and relevant State agencies.
15 (6) The Statewide Interoperability Coordinator shall
16 identify funding opportunities for planned
17 interoperability improvements and coordinate efforts to
18 provide funding.
19 (7) The Statewide Interoperability Coordinator shall
20 advise on the issuance of grants related to public safety
21 and for interoperability communication.
22 (8) The Statewide Interoperability Coordinator shall
23 engage stakeholders to coordinate the Statewide
24 Communications Interoperability Plan.
25 (9) The Statewide Interoperability Coordinator shall
26 represent the State in national, regional, and local

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