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