Bill Text: IL SB3240 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Emergency Management Agency Act. Retitles the Act and adds provisions regarding the newly renamed Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS). Adds responsibilities for IEMA-OHS with respect to nuclear and radiation safety. Provides for the appointment of a cabinet-level Homeland Security Advisor and a Deputy Homeland Security Advisor. Provides for the creation of an Illinois Homeland Security Advisory Council, and assigns the Council duties. Provides for the creation of the position of Statewide Interoperability Coordinator and assigns it duties. Adds and amends definitions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3240 Detail]

Download: Illinois-2023-SB3240-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3240 Introduced 2/6/2024, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED:
20 ILCS 3305/1 from Ch. 127, par. 1051
20 ILCS 3305/2 from Ch. 127, par. 1052
20 ILCS 3305/4 from Ch. 127, par. 1054
20 ILCS 3305/5 from Ch. 127, par. 1055
20 ILCS 3305/6 from Ch. 127, par. 1056
20 ILCS 3305/7 from Ch. 127, par. 1057
20 ILCS 3305/8 from Ch. 127, par. 1058
20 ILCS 3305/10 from Ch. 127, par. 1060
20 ILCS 3305/12 from Ch. 127, par. 1062
20 ILCS 3305/14 from Ch. 127, par. 1064
20 ILCS 3305/18 from Ch. 127, par. 1068
20 ILCS 3305/20 from Ch. 127, par. 1070
20 ILCS 3305/23
20 ILCS 3305/24 new
20 ILCS 3305/25 new
Amends the Illinois Emergency Management Agency Act. Retitles the Act and adds provisions regarding the newly renamed Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS). Adds responsibilities for IEMA-OHS with respect to nuclear and radiation safety. Provides for the appointment of a cabinet-level Homeland Security Advisor and a Deputy Homeland Security Advisor. Provides for the creation of an Illinois Homeland Security Advisory Council, and assigns the Council duties. Provides for the creation of the position of Statewide Interoperability Coordinator and assigns it duties. Adds and amends definitions.
LRB103 38061 BDA 68193 b
A BILL FOR
SB3240 LRB103 38061 BDA 68193 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Emergency Management Agency Act is
amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 10, 12, 14,
18, 20, and 23 and by adding Sections 24 and 25 as follows:
(20 ILCS 3305/1) (from Ch. 127, par. 1051)
Sec. 1. Short Title. This Act may be cited as the IEMA-OHS
Illinois Emergency Management Agency Act.
(Source: P.A. 87-168.)
(20 ILCS 3305/2) (from Ch. 127, par. 1052)
Sec. 2. Policy and Purposes.
(a) Because of the possibility of the occurrence of
disasters of unprecedented size and destructiveness resulting
from the explosion in this or in neighboring states of atomic
or other means from without or by means of sabotage or other
disloyal actions within, or from fire, flood, earthquake,
telecommunications failure, or other natural or technological
causes, and in order to insure that this State will be prepared
to and will adequately deal with any disasters, preserve the
lives and property of the people of this State and protect the
public peace, health, and safety in the event of a disaster, it

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is found and declared to be necessary:
(1) To create a State emergency management and
homeland security agency an Illinois Emergency Management
Agency and to authorize emergency management and homeland
security programs within the political subdivisions of the
State.
(2) To confer upon the Governor and upon the principal
executive officer of the political subdivisions of the
State the powers provided herein.
(3) To provide for the rendering of mutual aid among
the political subdivisions and taxing districts of the
State and with other states and with respect to the
carrying out of an emergency management and homeland
security programs program.
(b) It is further declared to be the purpose of this Act
and the policy of the State that all emergency management and
homeland security programs of this State be coordinated to the
maximum extent with the comparable programs of the federal
government, including its various departments and agencies, of
other states and localities and private agencies of every
type, to the end that the most effective preparation and use
may be made of the nation's resources and facilities for
dealing with any disaster that may occur.
(Source: P.A. 87-168; 88-606, eff. 1-1-95.)
(20 ILCS 3305/4) (from Ch. 127, par. 1054)

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Sec. 4. Definitions. As used in this Act, unless the
context clearly indicates otherwise, the following words and
terms have the meanings ascribed to them in this Section:
"Coordinator" means the staff assistant to the principal
executive officer of a political subdivision with the duty of
coordinating the emergency management programs of that
political subdivision.
"Cyber incident" means an event occurring on or conducted
through a computer network that actually or imminently
jeopardizes the integrity, confidentiality, or availability of
computers, information or communications systems or networks,
physical or virtual infrastructure controlled by computers or
information systems, or information resident thereon that
affect or control infrastructure or communications networks
utilized by the public. "Cyber incident" includes a
vulnerability in information systems, system security
procedures, internal controls, or implementations that could
be exploited by a threat source that affect or control
infrastructure or communications networks utilized by the
public.
"Disaster" means an occurrence or threat of widespread or
severe damage, injury or loss of life or property resulting
from any natural, technological, or human cause, including but
not limited to fire, flood, earthquake, wind, storm, hazardous
materials spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, air

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contamination, blight, extended periods of severe and
inclement weather, drought, infestation, critical shortages of
essential fuels and energy, explosion, riot, hostile military
or paramilitary action, public health emergencies, cyber
incidents, or acts of domestic terrorism.
"Emergency Management" means the efforts of the State and
the political subdivisions to develop, plan, analyze, conduct,
provide, implement and maintain programs for disaster
mitigation, preparedness, response and recovery.
"Emergency Services and Disaster Agency" means the agency
by this name, by the name Emergency Management Agency, or by
any other name that is established by ordinance within a
political subdivision to coordinate the emergency management
program within that political subdivision and with private
organizations, other political subdivisions, the State and
federal governments.
"Emergency Operations Plan" means the written plan of the
State and political subdivisions describing the organization,
mission, and functions of the government and supporting
services for responding to and recovering from disasters and
shall include plans that take into account the needs of those
individuals with household pets and service animals following
a major disaster or emergency.
"Emergency Services" means the coordination of functions
by the State and its political subdivisions subdivision, other
than functions for which military forces are primarily

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responsible, as may be necessary or proper to prevent,
minimize, repair, and alleviate injury and damage resulting
from any natural or technological causes. These functions
include, without limitation, fire fighting services, police
services, emergency aviation services, medical and health
services, HazMat and technical rescue teams, rescue,
engineering, warning services, communications, radiological,
chemical and other special weapons defense, evacuation of
persons from stricken or threatened areas, emergency assigned
functions of plant protection, temporary restoration of public
utility services and other functions related to civilian
protection, together with all other activities necessary or
incidental to protecting life or property.
"Exercise" means an event or activity delivered through
discussion or action to develop, assess, or validate
capabilities to achieve planned objectives. a planned event
realistically simulating a disaster, conducted for the purpose
of evaluating the political subdivision's coordinated
emergency management capabilities, including, but not limited
to, testing the emergency operations plan.
"HazMat team" means a career or volunteer mobile support
team that has been authorized by a unit of local government to
respond to hazardous materials emergencies and that is
primarily designed for emergency response to chemical or
biological terrorism, radiological emergencies, hazardous
material spills, releases, or fires, or other contamination

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events.
"Illinois Emergency Management Agency and Office of
Homeland Security" or "Agency" means the agency established by
this Act within the executive branch of State Government
responsible for coordination of the overall emergency
management and homeland security programs program of the State
and with private organizations, political subdivisions, and
the federal government. Illinois Emergency Management Agency
and Office of Homeland Security also means the State Emergency
Response Commission responsible for the implementation of
Title III of the Superfund Amendments and Reauthorization Act
of 1986.
"Interoperable communications" means the ability of
emergency response providers and relevant State and local
government agencies to communicate through a dedicated public
safety network using information technology systems and radio
communications systems and to exchange voice, data, and video
on demand in real time.
"Mobile Support Team" means a group of individuals
designated as a team by the Governor or Director to train prior
to and to be dispatched, if the Governor or the Director so
determines, to aid and reinforce the State and political
subdivision emergency management efforts in response to a
disaster.
"Municipality" means any city, village, and incorporated
town.

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"Political Subdivision" means any county, city, village,
or incorporated town or township if the township is in a county
having a population of more than 2,000,000.
"Principal Executive Officer" means chair of the county
board, supervisor of a township if the township is in a county
having a population of more than 2,000,000, mayor of a city or
incorporated town, president of a village, or in their absence
or disability, the interim successor as established under
Section 7 of the Emergency Interim Executive Succession Act.
"Public health emergency" means an occurrence or imminent
threat of an illness or health condition that:
(a) is believed to be caused by any of the following:
(i) bioterrorism;
(ii) the appearance of a novel or previously
controlled or eradicated infectious agent or
biological toxin;
(iii) a natural disaster;
(iv) a chemical attack or accidental release; or
(v) a nuclear attack or accident; and
(b) poses a high probability of any of the following
harms:
(i) a large number of deaths in the affected
population;
(ii) a large number of serious or long-term
disabilities in the affected population; or
(iii) widespread exposure to an infectious or

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toxic agent that poses a significant risk of
substantial future harm to a large number of people in
the affected population.
"Statewide mutual aid organization" means an entity with
local government members throughout the State that facilitates
temporary assistance through its members in a particular
public safety discipline, such as police, fire or emergency
management, when an occurrence exceeds a member jurisdiction's
capabilities.
"Technical rescue team" means a career or volunteer mobile
support team that has been authorized by a unit of local
government to respond to building collapse, high angle rescue,
and other specialized rescue emergencies and that is primarily
designated for emergency response to technical rescue events.
(Source: P.A. 102-485, eff. 8-20-21.)
(20 ILCS 3305/5) (from Ch. 127, par. 1055)
Sec. 5. Illinois Emergency Management Agency and Office of
Homeland Security.
(a) Establishment of the Illinois Emergency Management
Agency and Office of Homeland Security. There is created
within the executive branch of the State Government an
Illinois Emergency Management Agency and Office of Homeland
Security and a Director of the Illinois Emergency Management
Agency and Office of Homeland Security, herein called the
"Director" who shall be the head thereof. The Director shall

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be appointed by the Governor, with the advice and consent of
the Senate, and shall serve for a term of 2 years beginning on
the third Monday in January of the odd-numbered year, and
until a successor is appointed and has qualified; except that
the term of the first Director appointed under this Act shall
expire on the third Monday in January, 1989. The Director
shall not hold any other remunerative public office. For terms
beginning after January 18, 2019 (the effective date of Public
Act 100-1179) and before January 16, 2023, the annual salary
of the Director shall be as provided in Section 5-300 of the
Civil Administrative Code of Illinois. Notwithstanding any
other provision of law, for terms beginning on or after
January 16, 2023, the Director shall receive an annual salary
of $180,000 or as set by the Governor, whichever is higher. On
July 1, 2023, and on each July 1 thereafter, the Director shall
receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly.
For terms beginning on or after January 16, 2023, the
Assistant Director of the Illinois Emergency Management Agency
shall receive an annual salary of $156,600 or as set by the
Governor, whichever is higher. On July 1, 2023, and on each
July 1 thereafter, the Assistant Director shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly.

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(b) Agency personnel. The Illinois Emergency Management
Agency shall obtain, under the provisions of the Personnel
Code, technical, clerical, stenographic and other
administrative personnel, and may make expenditures within the
appropriation therefor as may be necessary to carry out the
purpose of this Act. The agency created by this Act is intended
to be a successor to the agency created under the Illinois
Emergency Services and Disaster Agency Act of 1975 and the
personnel, equipment, records, and appropriations of that
agency are transferred to the successor agency as of June 30,
1988 (the effective date of this Act).
(c) Responsibilities of the Director. The Director,
subject to the direction and control of the Governor, shall be
the executive head of the Illinois Emergency Management Agency
and the State Emergency Response Commission and shall be
responsible under the direction of the Governor, for carrying
out the programs program for emergency management, nuclear and
radiation safety, and homeland security of this State. The
Director shall also maintain liaison and cooperate with the
emergency management, nuclear and radiation safety, and
homeland security organizations of this State and other states
and of the federal government.
(d) Agency's participation in local emergency operations
planning. The Illinois Emergency Management Agency shall take
an integral part in the development and revision of political
subdivision emergency operations plans prepared under

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paragraph (f) of Section 10. To this end it shall employ or
otherwise secure the services of professional and technical
personnel capable of providing expert assistance to the
emergency services and disaster agencies. These personnel
shall consult with emergency services and disaster agencies on
a regular basis and shall make field examinations of the
areas, circumstances, and conditions that particular political
subdivision emergency operations plans are intended to apply.
(e) Establishment of the Emergency Management Advisory
Committee. The Illinois Emergency Management Agency and
political subdivisions shall be encouraged to form an
emergency management advisory committee composed of private
and public personnel representing the emergency management
phases of mitigation, preparedness, response, and recovery.
The Local Emergency Planning Committee, as created under the
Illinois Emergency Planning and Community Right to Know Act,
shall serve as an advisory committee to the emergency services
and disaster agency or agencies serving within the boundaries
of that Local Emergency Planning Committee planning district
for:
(1) the development of emergency operations plan
provisions for hazardous chemical emergencies; and
(2) the assessment of emergency response capabilities
related to hazardous chemical emergencies.
(f) Emergency management responsibilities of the Agency.
The Illinois Emergency Management Agency shall:

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(1) Coordinate the overall emergency management
program of the State.
(2) Cooperate with local governments, the federal
government, and any public or private agency or entity in
achieving any purpose of this Act and in implementing
emergency management programs for mitigation,
preparedness, response, and recovery.
(2.5) (Blank). Develop a comprehensive emergency
preparedness and response plan for any nuclear accident in
accordance with Section 65 of the Nuclear Safety Law of
2004 and in development of the Illinois Nuclear Safety
Preparedness program in accordance with Section 8 of the
Illinois Nuclear Safety Preparedness Act.
(2.6) Coordinate with the Department of Public Health
with respect to planning for and responding to public
health emergencies.
(3) Prepare, for issuance by the Governor, executive
orders, proclamations, and regulations as necessary or
appropriate in coping with disasters.
(4) Promulgate rules and requirements for political
subdivision emergency operations plans that are not
inconsistent with and are at least as stringent as
applicable federal laws and regulations.
(5) Review and approve, in accordance with Illinois
Emergency Management Agency rules, emergency operations
plans for those political subdivisions required to have an

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emergency services and disaster agency pursuant to this
Act.
(5.5) Promulgate rules and requirements for the
political subdivision emergency management exercises,
including, but not limited to, exercises of the emergency
operations plans.
(5.10) Review, evaluate, and approve, in accordance
with Illinois Emergency Management Agency rules, political
subdivision emergency management exercises for those
political subdivisions required to have an emergency
services and disaster agency pursuant to this Act.
(6) Determine requirements of the State and its
political subdivisions for food, clothing, and other
necessities in event of a disaster.
(7) Establish a register of persons with types of
emergency management training and skills in mitigation,
preparedness, response, and recovery.
(8) Establish a register of government and private
response resources available for use in a disaster.
(9) Expand the Earthquake Awareness Program and its
efforts to distribute earthquake preparedness materials to
schools, political subdivisions, community groups, civic
organizations, and the media. Emphasis will be placed on
those areas of the State most at risk from an earthquake.
Maintain the list of all school districts, hospitals,
airports, power plants, including nuclear power plants,

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lakes, dams, emergency response facilities of all types,
and all other major public or private structures which are
at the greatest risk of damage from earthquakes under
circumstances where the damage would cause subsequent harm
to the surrounding communities and residents.
(10) Disseminate all information, completely and
without delay, on water levels for rivers and streams and
any other data pertaining to potential flooding supplied
by the Division of Water Resources within the Department
of Natural Resources to all political subdivisions to the
maximum extent possible.
(11) Develop agreements, if feasible, with medical
supply and equipment firms to supply resources as are
necessary to respond to an earthquake or any other
disaster as defined in this Act. These resources will be
made available upon notifying the vendor of the disaster.
Payment for the resources will be in accordance with
Section 7 of this Act. The Illinois Department of Public
Health shall determine which resources will be required
and requested.
(11.5) In coordination with the Illinois State Police,
develop and implement a community outreach program to
promote awareness among the State's parents and children
of child abduction prevention and response.
(12) Out of funds appropriated for these purposes,
award capital and non-capital grants to Illinois hospitals

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or health care facilities located outside of a city with a
population in excess of 1,000,000 to be used for purposes
that include, but are not limited to, preparing to respond
to mass casualties and disasters, maintaining and
improving patient safety and quality of care, and
protecting the confidentiality of patient information. No
single grant for a capital expenditure shall exceed
$300,000. No single grant for a non-capital expenditure
shall exceed $100,000. In awarding such grants, preference
shall be given to hospitals that serve a significant
number of Medicaid recipients, but do not qualify for
disproportionate share hospital adjustment payments under
the Illinois Public Aid Code. To receive such a grant, a
hospital or health care facility must provide funding of
at least 50% of the cost of the project for which the grant
is being requested. In awarding such grants, the Illinois
Emergency Management Agency shall consider the
recommendations of the Illinois Hospital Association.
(13) (Blank). Do all other things necessary,
incidental or appropriate for the implementation of this
Act.
(g) Agency's security improvement grants to educational
institutions. The Illinois Emergency Management Agency is
authorized to make grants to various higher education
institutions, public K-12 school districts, area vocational
centers as designated by the State Board of Education,

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inter-district special education cooperatives, regional safe
schools, and nonpublic K-12 schools for safety and security
improvements. For the purpose of this subsection (g), "higher
education institution" means a public university, a public
community college, or an independent, not-for-profit or
for-profit higher education institution located in this State.
Grants made under this subsection (g) shall be paid out of
moneys appropriated for that purpose from the Build Illinois
Bond Fund. The Illinois Emergency Management Agency shall
adopt rules to implement this subsection (g). These rules may
specify: (1) (i) the manner of applying for grants; (2) (ii)
project eligibility requirements; (3) (iii) restrictions on
the use of grant moneys; (4) (iv) the manner in which the
various higher education institutions must account for the use
of grant moneys; and (5) (v) any other provision that the
Illinois Emergency Management Agency determines to be
necessary or useful for the administration of this subsection
(g).
(g-5) Agency's security improvement grants to
not-for-profit organizations. The Illinois Emergency
Management Agency is authorized to make grants to
not-for-profit organizations which are exempt from federal
income taxation under section 501(c)(3) of the Federal
Internal Revenue Code for eligible security improvements that
assist the organization in preventing, preparing for, or
responding to threats, attacks, or acts of terrorism. To be

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eligible for a grant under the program, the Agency must
determine that the organization is at a high risk of being
subject to threats, attacks, or acts of terrorism based on the
organization's profile, ideology, mission, or beliefs.
Eligible security improvements shall include all eligible
preparedness activities under the federal Nonprofit Security
Grant Program, including, but not limited to, physical
security upgrades, security training exercises, preparedness
training exercises, contracting with security personnel, and
any other security upgrades deemed eligible by the Director.
Eligible security improvements shall not duplicate, in part or
in whole, a project included under any awarded federal grant
or in a pending federal application. The Director shall
establish procedures and forms by which applicants may apply
for a grant and procedures for distributing grants to
recipients. Any security improvements awarded shall remain at
the physical property listed in the grant application, unless
authorized by Agency rule or approved by the Agency in
writing. The procedures shall require each applicant to do the
following:
(1) identify and substantiate prior or current
threats, attacks, or acts of terrorism against the
not-for-profit organization;
(2) indicate the symbolic or strategic value of one or
more sites that renders the site a possible target of a
threat, attack, or act of terrorism;

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(3) discuss potential consequences to the organization
if the site is damaged, destroyed, or disrupted by a
threat, attack, or act of terrorism;
(4) describe how the grant will be used to integrate
organizational preparedness with broader State and local
preparedness efforts, as described by the Agency in each
Notice of Opportunity for Funding;
(5) submit (i) a vulnerability assessment conducted by
experienced security, law enforcement, or military
personnel, or conducted using an Agency-approved or
federal Nonprofit Security Grant Program self-assessment
tool, and (ii) a description of how the grant award will be
used to address the vulnerabilities identified in the
assessment; and
(6) submit any other relevant information as may be
required by the Director.
The Agency is authorized to use funds appropriated for the
grant program described in this subsection (g-5) to administer
the program.
(g-10) Agency's homeland security duties. The Agency shall
be responsible for homeland security as follows:
(1) A Homeland Security Advisor shall be appointed by
the Governor, by and with the advice and consent of the
Senate, shall report to the Governor, and shall be a
member of the Governor's Cabinet. The Homeland Security
Advisor shall be responsible for:

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(A) advising the Governor or the Governor's
designees on matters of homeland security, as well as
coordinating Illinois' homeland security and
preparedness efforts across all levels of government,
in order to protect the people and critical
infrastructure of Illinois;
(B) coordinating a uniform and cooperative
statewide, strategic response to homeland security
threats as defined by, and in the sole discretion of,
the Governor;
(C) coordinating and providing policy
recommendations to the Governor and other State
agencies on all matters pertaining to homeland
security;
(D) calling upon the expertise and assistance of
all State agencies, commissions, and boards to carry
out their mission in support of the State's homeland
security efforts; each State agency, commission, or
board shall be required, to the extent not
inconsistent with law, to cooperate with the Homeland
Security Advisor; to facilitate a unified State
strategy on matters of homeland security, all State
agencies, boards, and commissions shall provide
briefings to the Homeland Security Advisor regularly
and upon request;
(E) serving as the State's primary liaison with

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all federal agencies pertaining to homeland security
matters for the State;
(F) consistent with the United States Department
of Homeland Security standard operating procedures and
guidance, the Homeland Security Advisor shall oversee
and approve of security clearance requests for State
personnel sent to the federal government for final
adjudication, except that the Homeland Security
Advisor shall coordinate with Illinois State Police on
such clearance requests for law enforcement personnel;
and
(G) performing such other duties related to
homeland security as directed by the Governor or the
Governor's designees.
(2) A Deputy Homeland Security Advisor, reporting to
the Homeland Security Advisor, shall be recommended by the
Homeland Security Advisor to and appointed by the
Governor. The Deputy Homeland Security Advisor shall be
responsible for:
(A) assuming responsibilities of the Homeland
Security Advisor as needed or directed by the Governor
or Homeland Security Advisor;
(B) serving as the Deputy Director of the Office
of Homeland Security at the Agency;
(C) the development and execution of the State's
unified homeland security strategy;

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(D) serving as a representative of the Homeland
Security Advisor, State, and the Agency's Office of
Homeland Security with all State agencies,
commissions, and boards as it pertains to matters of
homeland security; and
(E) serving as a representative of the Homeland
Security Advisor and State with all federal agencies
for matters pertaining to homeland security.
(3) The Homeland Security Advisor or Deputy Homeland
Security Advisor shall provide briefings to the Governor
and Lieutenant Governor as directed.
(4) The Agency shall coordinate with and provide
administrative support for the Homeland Security Advisor
and house the State's Office of Homeland Security. The
Agency's Director shall coordinate with the Homeland
Security Advisor to ensure the duties and actions of the
Office of Homeland Security are aligned with the State's
homeland security strategic goals and priorities.
(5) The Agency, through its Office of Homeland
Security, shall have the following duties:
(A) support the Homeland Security Advisor in the
administration and coordination of homeland security
and preparedness efforts across all levels of
government to protect the people and critical
infrastructure of Illinois;
(B) oversee, plan, and distribute State and

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federal funding for homeland security on the basis of
risk, threat, and vulnerability to ensure the most
effective use of limited resources, and guarantee that
funds are used for appropriate and necessary purposes;
(C) reviews all proposed State legislation
pertaining to homeland security matters and shall
report to the Homeland Security Advisor about such
proposed legislation; the Office shall also review
existing legislation and may recommend modifications,
amendments, or initiatives to support or enhance the
State's homeland security and preparedness
capabilities;
(D) ensure the implementation of the strategic
response and policy recommendations of the Governor
and Homeland Security Advisor pertaining to all
matters of homeland security;
(E) coordinate with all State agencies,
commissions, and boards, regarding the matters of
homeland security;
(F) coordinate with the Illinois State Police to
provide the United States Department of Homeland
Security with relevant reporting metrics and data
pertaining to the State;
(G) develop, at the direction of the Homeland
Security Advisor, and in cooperation with the Illinois
State Police and other appropriate State agencies,

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appropriate protocols, staffing, training, and
equipment guidelines for the weapons of mass
destruction teams that the Governor, or the Governor's
designee, may deploy in the event or threat of a
disaster;
(H) lead the State's homeland security public
education and risk communication messaging; and
(I) adopt rules necessary for implementation of
homeland security programs.
(g-15) Agency's nuclear and radiation safety duties. The
Agency shall be responsible for nuclear and radiation safety
as follows:
(1) The Agency shall exercise, administer, and enforce
all rights, powers, and duties for nuclear and radiation
safety authorized in the Nuclear Safety Law of 2004.
(2) The Agency shall develop a comprehensive emergency
preparedness and response plan for any nuclear accident in
accordance with Section 65 of the Nuclear Safety Law of
2004 and an Illinois nuclear safety preparedness program
in accordance with Section 8 of the Illinois Nuclear
Safety Preparedness Act.
(3) The Agency shall have the right to enter on public
and private property in order to take soil and air samples
for response to a disaster that causes radioactive
contamination.
Any Agency Notice of Opportunity for Funding, proposed or

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final rulemaking, guidance, training opportunity, or other
resource related to the grant program must be published on the
Agency's publicly available website, and any announcements
related to funding shall be shared with all State legislative
offices, the Governor's office, emergency services and
disaster agencies mandated or required pursuant to subsections
(b) through (d) of Section 10, and any other State agencies as
determined by the Agency. Subject to appropriation, the grant
application period shall be open for no less than 45 calendar
days during the first application cycle each fiscal year,
unless the Agency determines that a shorter period is
necessary to avoid conflicts with the annual federal Nonprofit
Security Grant Program funding cycle. Additional application
cycles may be conducted during the same fiscal year, subject
to availability of funds. Upon request, Agency staff shall
provide reasonable assistance to any applicant in completing a
grant application or meeting a post-award requirement.
(h) Emergency Planning and Training Fund and Disaster
Response and Recovery Fund. Except as provided in Section 17.5
of this Act, any moneys received by the Agency from donations
or sponsorships unrelated to a disaster shall be deposited in
the Emergency Planning and Training Fund and used by the
Agency, subject to appropriation, to effectuate planning and
training activities. Any moneys received by the Agency from
donations during a disaster and intended for disaster response
or recovery shall be deposited into the Disaster Response and

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

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of the Illinois Emergency Management Agency and shall be
responsible for the carrying out of the provisions of this
Act.
(b) In performing duties under this Act, the Governor is
authorized to cooperate with the federal government and with
other states in all matters pertaining to emergency
management, nuclear and radiation safety, and homeland
security.
(c) In performing duties under this Act, the Governor is
further authorized:
(1) To make, amend, and rescind all lawful necessary
orders, rules, and regulations to carry out the provisions
of this Act within the limits of the authority conferred
upon the Governor.
(2) To cause to be prepared a comprehensive plans plan
and programs program for the emergency management, nuclear
and radiation safety, and homeland security of this State,
which plans and programs plan and program shall be
integrated into and coordinated with emergency management,
nuclear and radiation safety, and homeland security plans
and programs of the federal government and of other states
whenever possible and which plans and programs plan and
program may include:
a. Mitigation of injury and damage caused by
disaster.
b. Prompt and effective response to disaster.

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c. Emergency relief.
d. Identification of areas particularly vulnerable
to disasters.
e. Recommendations for zoning, building, and other
land-use controls, safety measures for securing
permanent structures and other mitigation measures
designed to eliminate or reduce disasters or their
impact.
f. Assistance to political subdivisions in
designing emergency operations plans.
g. Authorization and procedures for the erection
or other construction of temporary works designed to
mitigate danger, damage or loss from flood, or other
disaster.
h. Preparation and distribution to the appropriate
State and political subdivision officials of a State
catalog of federal, State, and private assistance
programs.
i. Organization of State personnel and chains of
command.
j. Coordination of federal, State, and political
subdivision emergency management, nuclear and
radiation safety, and homeland security activities.
k. Other necessary matters.
(3) In accordance with the plans plan and programs
program for the emergency management, nuclear and

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radiation safety, and homeland security of this State, and
out of funds appropriated for these purposes, to procure
and preposition supplies, medicines, materials and
equipment, to institute training programs and public
information programs, and to take all other preparatory
steps including the partial or full mobilization of
emergency services and disaster agencies in advance of
actual disaster to insure the furnishing of adequately
trained and equipped forces for disaster response and
recovery.
(4) Out of funds appropriated for these purposes, to
make studies and surveys of the industries, resources, and
facilities in this State as may be necessary to ascertain
the capabilities of the State for emergency management
phases of mitigation, preparedness, response, and recovery
and to plan for the most efficient emergency use thereof.
(5) On behalf of this State, to negotiate for and
submit to the General Assembly for its approval or
rejection reciprocal mutual aid agreements or compacts
with other states, either on a statewide or political
subdivision basis. The agreements or compacts, shall be
limited to the furnishing or exchange of food, clothing,
medical or other supplies, engineering and police
services; emergency housing and feeding; National and
State Guards while under the control of the State; health,
medical, and related services; fire fighting, rescue,

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transportation, communication, and construction services
and equipment, provided, however, that if the General
Assembly be not in session and the Governor has not
proclaimed the existence of a disaster under this Section,
then the agreements or compacts shall instead be submitted
to an Interim Committee on Emergency Management composed
of 5 Senators appointed by the President of the Senate and
of 5 Representatives appointed by the Speaker of the
House, during the month of June of each odd-numbered year
to serve for a 2-year 2 year term, beginning July 1 of that
year, and until their successors are appointed and
qualified, or until termination of their legislative
service, whichever first occurs. Vacancies shall be filled
by appointment for the unexpired term in the same manner
as original appointments. All appointments shall be made
in writing and filed with the Secretary of State as a
public record. The Committee shall have the power to
approve or reject any agreements or compacts for and on
behalf of the General Assembly; and, provided further,
that an affirmative vote of 2/3 of the members of the
Committee shall be necessary for the approval of any
agreement or compact.
(Source: P.A. 92-73, eff. 1-1-02.)
(20 ILCS 3305/7) (from Ch. 127, par. 1057)
Sec. 7. Emergency Powers of the Governor. In the event of a

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disaster, as defined in Section 4, the Governor may, by
proclamation, declare that a disaster exists. Upon such
proclamation, the Governor shall have and may exercise for a
period not to exceed 30 days the following emergency powers;
provided, however, that the lapse of the emergency powers
shall not, as regards any act or acts occurring or committed
within the 30-day period, deprive any person, firm,
corporation, political subdivision, or body politic of any
right or rights to compensation or reimbursement which he,
she, it, or they may have under the provisions of this Act:
(1) To suspend the provisions of any regulatory
statute prescribing procedures for conduct of State
business, or the orders, rules and regulations of any
State agency, if strict compliance with the provisions of
any statute, order, rule, or regulation would in any way
prevent, hinder or delay necessary action, including
emergency purchases, by the Illinois Emergency Management
Agency, in coping with the disaster.
(2) To utilize all available resources of the State
government as reasonably necessary to cope with the
disaster and of each political subdivision of the State.
(3) To transfer the direction, personnel or functions
of State departments and agencies or units thereof for the
purpose of performing or facilitating disaster response
and recovery programs.
(4) On behalf of this State to take possession of, and

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to acquire full title or a lesser specified interest in,
any personal property as may be necessary to accomplish
the objectives set forth in Section 2 of this Act,
including: airplanes, automobiles, trucks, trailers,
buses, and other vehicles; coal, oils, gasoline, and other
fuels and means of propulsion; explosives, materials,
equipment, and supplies; animals and livestock; feed and
seed; food and provisions for humans and animals; clothing
and bedding; and medicines and medical and surgical
supplies; and to take possession of and for a limited
period occupy and use any real estate necessary to
accomplish those objectives; but only upon the undertaking
by the State to pay just compensation therefor as in this
Act provided, and then only under the following
provisions:
a. The Governor, or the person or persons as the
Governor may authorize so to do, may forthwith take
possession of property for and on behalf of the State;
provided, however, that the Governor or persons shall
simultaneously with the taking, deliver to the owner
or his or her agent, if the identity of the owner or
agency is known or readily ascertainable, a signed
statement in writing, that shall include the name and
address of the owner, the date and place of the taking,
description of the property sufficient to identify it,
a statement of interest in the property that is being

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so taken, and, if possible, a statement in writing,
signed by the owner, setting forth the sum that he or
she is willing to accept as just compensation for the
property or use. Whether or not the owner or agent is
known or readily ascertainable, a true copy of the
statement shall promptly be filed by the Governor or
the person with the Director, who shall keep the
docket of the statements. In cases where the sum that
the owner is willing to accept as just compensation is
less than $1,000, copies of the statements shall also
be filed by the Director with, and shall be passed upon
by an Emergency Management Claims Commission,
consisting of 3 disinterested citizens who shall be
appointed by the Governor, by and with the advice and
consent of the Senate, within 20 days after the
Governor's declaration of a disaster, and if the sum
fixed by them as just compensation be less than $1,000
and is accepted in writing by the owner, then the State
Treasurer out of funds appropriated for these
purposes, shall, upon certification thereof by the
Emergency Management Claims Commission, cause the sum
so certified forthwith to be paid to the owner. The
Emergency Management Claims Commission is hereby given
the power to issue appropriate subpoenas and to
administer oaths to witnesses and shall keep
appropriate minutes and other records of its actions

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upon and the disposition made of all claims.
b. When the compensation to be paid for the taking
or use of property or interest therein is not or cannot
be determined and paid under item a of this paragraph
(4), a petition in the name of The People of the State
of Illinois shall be promptly filed by the Director,
which filing may be enforced by mandamus, in the
circuit court of the county where the property or any
part thereof was located when initially taken or used
under the provisions of this Act praying that the
amount of compensation to be paid to the person or
persons interested therein be fixed and determined.
The petition shall include a description of the
property that has been taken, shall state the physical
condition of the property when taken, shall name as
defendants all interested parties, shall set forth the
sum of money estimated to be just compensation for the
property or interest therein taken or used, and shall
be signed by the Director. The litigation shall be
handled by the Attorney General for and on behalf of
the State.
c. Just compensation for the taking or use of
property or interest therein shall be promptly
ascertained in proceedings and established by judgment
against the State, that shall include, as part of the
just compensation so awarded, interest at the rate of

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6% per annum on the fair market value of the property
or interest therein from the date of the taking or use
to the date of the judgment; and the court may order
the payment of delinquent taxes and special
assessments out of the amount so awarded as just
compensation and may make any other orders with
respect to encumbrances, rents, insurance, and other
charges, if any, as shall be just and equitable.
(5) When required by the exigencies of the disaster,
to sell, lend, rent, give, or distribute all or any part of
property so or otherwise acquired to the inhabitants of
this State, or to political subdivisions of this State,
or, under the interstate mutual aid agreements or compacts
as are entered into under the provisions of subparagraph
(5) of paragraph (c) of Section 6 to other states, and to
account for and transmit to the State Treasurer all funds,
if any, received therefor.
(6) To recommend the evacuation of all or part of the
population from any stricken or threatened area within the
State if the Governor deems this action necessary.
(7) To prescribe routes, modes of transportation, and
destinations in connection with evacuation.
(8) To control ingress and egress to and from a
disaster area, the movement of persons within the area,
and the occupancy of premises therein.
(9) To suspend or limit the sale, dispensing, or

SB3240 - 35 - LRB103 38061 BDA 68193 b
transportation of alcoholic beverages, firearms,
explosives, and combustibles.
(10) To make provision for the availability and use of
temporary emergency housing.
(11) A proclamation of a disaster shall activate the
State Emergency Operations Plan, and political subdivision
emergency operations plans applicable to the political
subdivision or area in question and be authority for the
deployment and use of any forces that the plan or plans
apply and for use or distribution of any supplies,
equipment, and materials and facilities assembled,
stockpiled or arranged to be made available under this Act
or any other provision of law relating to disasters.
(12) Control, restrict, and regulate by rationing,
freezing, use of quotas, prohibitions on shipments, price
fixing, allocation or other means, the use, sale or
distribution of food, feed, fuel, clothing and other
commodities, materials, goods, or services; and perform
and exercise any other functions, powers, and duties as
may be necessary to promote and secure the safety and
protection of the civilian population.
(13) During the continuance of any disaster the
Governor is commander-in-chief of the organized and
unorganized militia and of all other forces available for
emergency duty. To the greatest extent practicable, the
Governor shall delegate or assign authority to the

SB3240 - 36 - LRB103 38061 BDA 68193 b
Director to manage, coordinate, and direct all resources
by orders issued at the time of the disaster.
(14) Prohibit increases in the prices of goods and
services during a disaster.
(Source: P.A. 102-485, eff. 8-20-21.)
(20 ILCS 3305/8) (from Ch. 127, par. 1058)
Sec. 8. Mobile Support Teams.
(a) The Governor or Director may cause to be created
Mobile Support Teams to aid and to reinforce the Illinois
Emergency Management Agency, and emergency services and
disaster agencies in areas stricken by disaster. Each mobile
support team shall have a leader, selected by the Director who
will be responsible, under the direction and control of the
Director, for the organization, administration, and training,
and operation of the mobile support team.
(b) Personnel of a mobile support team while on duty
pursuant to such a call or while engaged in regularly
scheduled training or exercises, whether within or without the
State, shall either:
(1) If they are paid employees of the State, have the
powers, duties, rights, privileges and immunities and
receive the compensation incidental to their employment.
(2) If they are paid employees of a political
subdivision or body politic of this State, and whether
serving within or without that political subdivision or

SB3240 - 37 - LRB103 38061 BDA 68193 b
body politic, have the powers, duties, rights, privileges
and immunities, and receive the compensation incidental to
their employment.
(3) If they are not employees of the State, political
subdivision or body politic, or being such employees, are
not normally paid for their services, be entitled to at
least one dollar per year compensation from the State.
Personnel of a mobile support team who suffer disease,
injury or death arising out of or in the course of emergency
duty, shall for the purposes of benefits under the Workers'
Compensation Act or Workers' Occupational Diseases Act only,
be deemed to be employees of this State. If the person
diseased, injured or killed is an employee described in item
(3) above, the computation of benefits payable under either of
those Acts shall be based on income commensurate with
comparable State employees doing the same type of work or
income from the person's regular employment, whichever is
greater.
All personnel of mobile support teams shall, while on duty
under such call, be reimbursed by this State for all actual and
necessary travel and subsistence expenses.
(c) The State shall reimburse each political subdivision
or body politic from the Disaster Response and Recovery Fund
for the compensation paid and the actual and necessary travel,
subsistence and maintenance expenses of paid employees of the
political subdivision or body politic while serving, outside

SB3240 - 38 - LRB103 38061 BDA 68193 b
of its geographic geographical boundaries pursuant to such a
call, as members of a mobile support team, and for all payments
made for death, disease or injury of those paid employees
arising out of and incurred in the course of that duty, and for
all losses of or damage to supplies and equipment of the
political subdivision or body politic resulting from the
operations.
(d) Whenever mobile support teams or units of another
state, while the Governor has the emergency powers provided
for under Section 7 of this Act, render aid to this State under
the orders of the Governor of its home state and upon the
request of the Governor of this State, all questions relating
to reimbursement by this State to the other state and its
citizens in regard to the assistance so rendered shall be
determined by the mutual aid agreements or interstate compacts
described in subparagraph (5) of paragraph (c) of Section 6 as
are existing at the time of the assistance rendered or are
entered into thereafter and under Section 303 (d) of the
Federal Civil Defense Act of 1950.
(e) No personnel of mobile support teams of this State may
be ordered by the Governor to operate in any other state unless
a request for the same has been made by the Governor or duly
authorized representative of the other state.
(Source: P.A. 98-465, eff. 8-16-13.)
(20 ILCS 3305/10) (from Ch. 127, par. 1060)

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Sec. 10. Emergency Services and Disaster Agencies.
(a) Each political subdivision within this State shall be
within the jurisdiction of and served by the Illinois
Emergency Management Agency and by an emergency services and
disaster agency responsible for emergency management programs.
A township, if the township is in a county having a population
of more than 2,000,000, must have approval of the county
coordinator before establishment of a township emergency
services and disaster agency.
(b) Unless multiple county emergency services and disaster
agency consolidation is authorized by the Illinois Emergency
Management Agency with the consent of the respective counties,
each county shall maintain an emergency services and disaster
agency that has jurisdiction over and serves the entire
county, except as otherwise provided under this Act and except
that in any county with a population of over 3,000,000
containing a municipality with a population of over 500,000
the jurisdiction of the county agency shall not extend to the
municipality when the municipality has established its own
agency.
(c) Each municipality with a population of over 500,000
shall maintain an emergency services and disaster agency which
has jurisdiction over and serves the entire municipality. A
municipality with a population less than 500,000 may
establish, by ordinance, an agency or department responsible
for emergency management within the municipality's corporate

SB3240 - 40 - LRB103 38061 BDA 68193 b
limits.
(d) The Governor shall determine which municipal
corporations, other than those specified in paragraph (c) of
this Section, need emergency services and disaster agencies of
their own and require that they be established and maintained.
The Governor shall make these determinations on the basis of
the municipality's disaster vulnerability and capability of
response related to population size and concentration. The
emergency services and disaster agency of a county or
township, shall not have a jurisdiction within a political
subdivision having its own emergency services and disaster
agency, but shall cooperate with the emergency services and
disaster agency of a city, village or incorporated town within
their borders. The Illinois Emergency Management Agency shall
publish and furnish a current list to the municipalities
required to have an emergency services and disaster agency
under this subsection.
(e) Each municipality that is not required to and does not
have an emergency services and disaster agency shall have a
liaison officer designated to facilitate the cooperation and
protection of that municipal corporation with the county
emergency services and disaster agency in which it is located
in the work of disaster mitigation, preparedness, response,
and recovery.
(f) The principal executive officer or his or her designee
of each political subdivision in the State shall annually

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notify the Illinois Emergency Management Agency of the manner
in which the political subdivision is providing or securing
emergency management, identify the executive head of the
agency or the department from which the service is obtained,
or the liaison officer in accordance with subsection (e)
paragraph (d) of this Section and furnish additional
information relating thereto as the Illinois Emergency
Management Agency requires.
(g) Each emergency services and disaster agency shall
prepare an emergency operations plan for its geographic
boundaries that complies with planning, review, and approval
standards promulgated by the Illinois Emergency Management
Agency. The Illinois Emergency Management Agency shall
determine which jurisdictions will be required to include
earthquake preparedness in their local emergency operations
plans.
(h) The emergency services and disaster agency shall
prepare and distribute to all appropriate officials in written
form a clear and complete statement of the emergency
responsibilities of all local departments and officials and of
the disaster chain of command.
(i) Each emergency services and disaster agency shall have
a Coordinator who shall be appointed by the principal
executive officer of the political subdivision in the same
manner as are the heads of regular governmental departments.
If the political subdivision is a county and the principal

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executive officer appoints the sheriff as the Coordinator, the
sheriff may, in addition to his or her regular compensation,
receive compensation at the same level as provided in Article
3 of the Counties Code Section 3 of "An Act in relation to the
regulation of motor vehicle traffic and the promotion of
safety on public highways in counties", approved August 9,
1951, as amended. The Coordinator shall have direct
responsibility for the organization, administration, training,
and operation of the emergency services and disaster agency,
subject to the direction and control of that principal
executive officer. Each emergency services and disaster agency
shall coordinate and may perform emergency management
functions within the territorial limits of the political
subdivision within which it is organized as are prescribed in
and by the State Emergency Operations Plan, and programs,
orders, rules and regulations as may be promulgated by the
Illinois Emergency Management Agency and by local ordinance
and, in addition, shall conduct such functions outside of
those territorial limits as may be required under mutual aid
agreements and compacts as are entered into under subparagraph
(5) of paragraph (c) of Section 6.
(j) In carrying out the provisions of this Act, each
political subdivision may enter into contracts and incur
obligations necessary to place it in a position effectively to
combat the disasters as are described in Section 4, to protect
the health and safety of persons, to protect property, and to

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

SB3240 - 44 - LRB103 38061 BDA 68193 b
Emergency Management Agency prior to the exercise or training,
or (iii) the search-and-rescue team response was to an
occurrence or threat of injury or loss of life that was beyond
local response capabilities and was specifically and expressly
approved by the Illinois Emergency Management Agency prior to
the search-and-rescue team response. The computation of
benefits payable under either of those Acts shall be based on
the income commensurate with comparable State employees doing
the same type work or income from the person's regular
employment, whichever is greater.
Volunteers who are working under the direction of an
emergency services and disaster agency accredited by the
Illinois Emergency Management Agency, pursuant to a plan
approved by the Illinois Emergency Management Agency (i)
during a disaster declared by the Governor under Section 7 of
this Act, or (ii) in circumstances otherwise expressly
approved by the Illinois Emergency Management Agency, shall be
deemed exclusively employees of the State for purposes of
Section 8(d) of the Court of Claims Act, provided that the
Illinois Emergency Management Agency may, in coordination with
the emergency services and disaster agency, audit
implementation for compliance with the plan.
(l) If any person who is entitled to receive benefits
through the application of this Section receives, in
connection with the disease, injury or death giving rise to
such entitlement, benefits under an Act of Congress or federal

SB3240 - 45 - LRB103 38061 BDA 68193 b
program, benefits payable under this Section shall be reduced
to the extent of the benefits received under that other Act or
program.
(m) (1) Prior to conducting an exercise, the principal
executive officer of a political subdivision or his or her
designee shall provide area media with written
notification of the exercise. The notification shall
indicate that information relating to the exercise shall
not be released to the public until the commencement of
the exercise. The notification shall also contain a
request that the notice be so posted to ensure that all
relevant media personnel are advised of the exercise
before it begins.
(2) During the conduct of an exercise, all messages,
two-way radio communications, briefings, status reports,
news releases, and other oral or written communications
shall begin and end with the following statement: "This is
an exercise message".
(Source: P.A. 94-733, eff. 4-27-06.)
(20 ILCS 3305/12) (from Ch. 127, par. 1062)
Sec. 12. Testing of Disaster Warning Devices. The testing
of disaster warning devices including outdoor warning sirens
shall be held only on the first Tuesday of each month at 10
o'clock in the morning or during exercises that are
specifically and expressly approved in advance by the Illinois

SB3240 - 46 - LRB103 38061 BDA 68193 b
Emergency Management Agency.
(Source: P.A. 92-73, eff. 1-1-02.)
(20 ILCS 3305/14) (from Ch. 127, par. 1064)
Sec. 14. Communications. The Illinois Emergency Management
Agency shall ascertain what means exist for rapid and
efficient communications in times of disaster. The Illinois
Emergency Management Agency shall consider the desirability of
supplementing these communications resources or of integrating
them into a comprehensive State or State-Federal
telecommunications or other communications system or network.
In studying the character and feasibility of any system or its
several parts, the Illinois Emergency Management Agency shall
evaluate the possibility of multipurpose use thereof for
general State and political subdivision purposes. The Illinois
Emergency Management Agency may promulgate rules to establish
policies and procedures relating to telecommunications and the
continuation of rapid and efficient communications in times of
disaster to the extent authorized by any provision of this Act
or other laws and regulations. The Illinois Emergency
Management Agency shall make recommendations to the Governor
as appropriate.
(Source: P.A. 86-755; 87-168.)
(20 ILCS 3305/18) (from Ch. 127, par. 1068)
Sec. 18. Orders, Rules and Regulations.

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

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emergency services or disaster agency.
(Source: P.A. 98-44, eff. 6-28-13.)
(20 ILCS 3305/20) (from Ch. 127, par. 1070)
Sec. 20. Oath Emergency Management Agency; personnel;
oath.
Each person, whether compensated or noncompensated, who is
appointed to serve in any capacity in the Illinois Emergency
Management Agency and Office of Homeland Security or an
emergency services and disaster agency, shall, before entering
upon his or her duties, take an oath, in writing, before the
Director or before the coordinator of that emergency services
and disaster agency or before other persons authorized to
administer oaths in this State, which oath shall be filed with
the Director or with the coordinator of the emergency services
and disaster agency with which he or she shall serve and which
oath shall be substantially as follows:
"I, _______________, do solemnly swear (or affirm) that I
will support and defend and bear true faith and allegiance to
the Constitution of the United States and the Constitution of
the State of Illinois, and the territory, institutions and
facilities thereof, both public and private, against all
enemies, foreign and domestic; that I take this obligation
freely, without any mental reservation or purpose of evasion;
and that I will well and faithfully discharge the duties upon
which I am about to enter. And I do further swear (or affirm)

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

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

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

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

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subsection (j) shall be annually considered by the Illinois
Emergency Management Agency when developing new State and
local emergency plans or updating existing State and local
emergency plans.
(l) The Advisory Committee is dissolved and this Section
is repealed on January 1, 2032.
(Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21;
103-154, eff. 6-30-23.)
(20 ILCS 3305/24 new)
Sec. 24. Illinois Homeland Security Advisory Council
(IL-HSAC).
(a) The Illinois Homeland Security Advisory Council
(IL-HSAC) is hereby created.
(b) The IL-HSAC shall report directly to the Homeland
Security Advisor, who shall serve as the Chairperson.
(c) The Deputy Homeland Security Advisor shall serve as
Vice-Chair.
(d) The Homeland Security Advisor may appoint a Chair Pro
Tempore to oversee the daily operations and administrative
responsibilities of the IL-HSAC.
(e) The Homeland Security Advisor shall, with approval of
the Governor, modify the structure of the IL-HSAC as
appropriate and consistent with this Section.
(f) The IL-HSAC shall submit an annual report to the
Governor by March 1 of each year. The report shall detail the

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activities, accomplishments, and recommendations of the
IL-HSAC in the preceding year.
(g) The Agency shall provide administrative support for
the IL-HSAC.
(h) Entities may be appointed to IL-HSAC with nomination
by the Homeland Security Advisor and approval by the Governor.
(i) The IL-HSAC shall have the following powers and
duties:
(1) The IL-HSAC shall serve as the State Advisory
Committee with respect to funds received through the
federal Homeland Security Grant Program. In that capacity,
the IL-HSAC shall provide recommendations to the Homeland
Security Advisor on issues related to the application for
and use of all appropriate federal funding that relates to
preventing, protecting against, mitigating, responding to
and recovering from acts of terrorism and other threats.
(2) The IL-HSAC shall provide recommendations to the
Homeland Security Advisor on the following:
(A) appropriate training of local, regional, and
state officials to respond to terrorist incidents
involving conventional, chemical, biological and
nuclear weapons;
(B) applications for and use of all appropriate
State and other funds as may be appropriate and
available relating to homeland security;
(C) public safety preparedness and mutual aid to

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include strategies and tactics to coordinate
multi-agency response to significant events, such as
acts of terrorism or natural disasters, where
coordination of local, State, and private resources is
necessary;
(D) coordination of public safety resources and
combating terrorism in Illinois; and
(E) any changes needed in State statutes,
administrative rules, or in the Illinois Emergency
Operations Plan.
(20 ILCS 3305/25 new)
Sec. 25. Statewide Interoperability Coordinator.
(a) T
he Statewide Interoperability Coordinator is hereby
created as a position within the Agency's Office of Homeland
Security.
(b) The duties and responsibilities of the SWIC shall be
as follows:
(1) The Statewide Interoperability Coordinator shall
serve as the central coordination point for the State's
communications interoperability and shall assist with
mediation between State and local agencies to achieve an
interoperable communications system.
(2) The Statewide Interoperability Coordinator shall
develop and disseminate best practices for public safety
communications interoperability.

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(3) The Statewide Interoperability Coordinator shall
advise the Homeland Security Advisor and Deputy Director
of the Agency's Office of Homeland Security on public
safety communications interoperability.
(4) The Statewide Interoperability Coordinator shall
serve as a member of the Statewide Interoperability
Executive Committee or its successor entity and may act on
behalf of the Statewide Interoperability Executive
Committee.
(5) The Statewide Interoperability Coordinator shall
recommend regulatory changes relating to public safety
communications and interoperability activities in
partnership with 9-1-1 administrator, operators of
statewide radio systems, emergency management
coordinators, and the State Administrative Agency.
(6) The Statewide Interoperability Coordinator shall
identify funding opportunities for planned
interoperability improvements and coordinate efforts to
provide funding.
(7) The Statewide Interoperability Coordinator shall
advise on the issuance of grants related to public safety
and for interoperability communication.
(8) The Statewide Interoperability Coordinator shall
engage stakeholders to coordinate the Statewide
Communications Interoperability Plan
.
(9) The Statewide Interoperability Coordinator shall

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