Illinois Compiled Statutes
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EXECUTIVE BRANCH20 ILCS 3305/1
(20 ILCS 3305/) Illinois Emergency Management Agency Act.
(20 ILCS 3305/1)
(from Ch. 127, par. 1051)
This Act may be cited as
Illinois Emergency Management Agency Act.
(Source: P.A. 87-168.)
20 ILCS 3305/2
(20 ILCS 3305/2)
(from Ch. 127, par. 1052)
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 is found and declared to be necessary:
(1) To create an Illinois Emergency Management Agency
and to authorize emergency management 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 program.
(b) It is further declared to be the purpose of this Act and
the policy of the State that all emergency management 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 3305/3
(20 ILCS 3305/3)
(from Ch. 127, par. 1053)
Nothing in this Act shall be construed
(a) Interfere with the course or conduct of a labor dispute, except that
actions otherwise authorized by this Act or other laws may be taken when
necessary to mitigate imminent or existing danger to public
health or safety;
(b) Interfere with dissemination of news or comment of
public affairs; but any communications facility or organization (including
but not limited to radio and television stations, wire services, and
newspapers) may be requested to transmit or print public service messages
furnishing information or instructions in connection with a disaster;
(c) Affect the jurisdiction or responsibilities of police forces, fire
forces, units of the armed forces of the United States, or of any personnel
thereof, when on active duty; but State and political subdivision
emergency operations plans shall place reliance upon the forces available
for performance of functions related to emergency management;
modify, or abridge the authority of the Governor to proclaim martial law or
exercise any other powers vested in the Governor under the
constitution, statutes, or
common law of this State, independent of or in conjunction with any
provisions of this Act;
limit any home rule unit; or prohibit any contract
or association pursuant to Article VII, Section 10 of the Illinois
(Source: P.A. 92-73, eff. 1-1-02.)
20 ILCS 3305/4
(20 ILCS 3305/4)
(from Ch. 127, par. 1054)
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.
"Disaster" means an occurrence or threat of widespread or severe
damage, injury or loss of life or property resulting from any natural or
technological cause, including but not limited to fire, flood, earthquake,
wind, storm, hazardous materials spill or other water contamination requiring
action to avert danger or damage, epidemic, air 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, or acts of domestic
"Emergency Management" means the efforts of the State and the
political subdivisions to develop, plan, analyze, conduct, provide,
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 subdivision, other than functions for which military
are primarily 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 a planned event realistically simulating a disaster,
conducted for the purpose of
evaluating the political subdivision's coordinated emergency management
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 events.
"Illinois Emergency Management Agency"
means the agency
established by this Act within the executive branch of State Government
responsible for coordination of the overall emergency management program of
the State and with private organizations, political subdivisions, and the
Illinois Emergency Management Agency also means the State
Emergency Response Commission responsible for the implementation of Title
III of the Superfund Amendments and Reauthorization Act of 1986.
"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.
"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:
(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
(i) a large number of deaths in the affected
(ii) a large number of serious or long-term
disabilities in the affected population; or
(iii) widespread exposure to an infectious or
toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.
"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. 93-249, eff. 7-22-03; 94-334, eff. 1-1-06; 94-1081, eff. 6-1-07
20 ILCS 3305/5
(20 ILCS 3305/5)
(from Ch. 127, par. 1055)
Illinois Emergency Management Agency.
(a) There is created within the executive branch of the State Government an
Illinois Emergency Management Agency and a Director of the Illinois Emergency
Management Agency, herein called the "Director" who shall be the head thereof.
The Director shall 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. The Director shall receive an annual
salary as set by the
Compensation Review Board.
(b) 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 the effective date of this Act.
(c) 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 program for emergency
management of this State. The Director shall also maintain liaison
and cooperate with
the emergency management organizations of this State and other states and of
the federal government.
(d) The Illinois Emergency Management Agency shall take an integral part in
the development and revision of political subdivision emergency operations
plans prepared under 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) 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
Planning and Community Right to Know Act, shall serve as
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) The Illinois Emergency Management Agency shall:
(1) Coordinate the overall emergency management
(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) Develop a comprehensive emergency preparedness
and response plan for any nuclear accident in accordance with Section 65 of the Department of Nuclear Safety Law of 2004 (20 ILCS 3310) 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 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, 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 Department of 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 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) Do all other things necessary, incidental or
appropriate for the implementation of this Act.
(g) 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, 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: (i) the manner of applying for grants; (ii) project eligibility requirements; (iii) restrictions on the use of grant moneys; (iv) the manner in which the various higher education institutions must account for the use of grant moneys; and (v) any other provision that the Illinois Emergency Management Agency determines to be necessary or useful for the administration of this subsection (g).
(h) Except as provided in Section 17.5 of this Act, any moneys received by the Agency from donations or sponsorships shall be deposited in the Emergency Planning and Training Fund and used by the Agency, subject to appropriation, to effectuate planning and training activities.
(Source: P.A. 98-465, eff. 8-16-13; 98-664, eff. 6-23-14.)
20 ILCS 3305/6
(20 ILCS 3305/6)
(from Ch. 127, par. 1056)
Emergency Management Powers of the Governor.
Governor shall have general direction and control 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.
(c) In performing duties under this Act, the Governor is
(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 plan and
program for the emergency management of this State, which plan and program shall be integrated into and coordinated with emergency management plans and programs of the federal government and of other states whenever possible and which plan and program may include:
a. Mitigation of injury and damage caused by
b. Prompt and effective response to disaster.
c. Emergency relief.
d. Identification of areas particularly
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
j. Coordination of federal, State, and political
subdivision emergency management activities.
k. Other necessary matters.
(3) In accordance with the plan and program for the
emergency management 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, 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 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
(20 ILCS 3305/7)
(from Ch. 127, par. 1057)
Emergency Powers of the Governor.
(a) In the event
of a 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 days 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 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 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 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) above, 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 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
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 command authority to do so 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. 92-73, eff. 1-1-02.)
20 ILCS 3305/8
(20 ILCS 3305/8)
(from Ch. 127, par. 1058)
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
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
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 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 of its 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
(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 3305/9
(20 ILCS 3305/9)
(from Ch. 127, par. 1059)
(a) It is the intent of the Legislature
and declared to be the policy of the State that funds to meet disasters
shall always be available.
(b) It is the legislative intent that the first recourse shall be to funds
regularly appropriated to State and political subdivision departments and
agencies. If the Governor finds that
the demands placed upon these funds in coping with a particular disaster are
unreasonably great, the Governor may make funds available from the
Disaster Response and Recovery Fund.
monies available from the Fund are insufficient, and if the Governor finds
that other sources of money to cope with the disaster are not available or are
insufficient, the Governor
shall request the
General Assembly to enact legislation as it may deem necessary to transfer
and expend monies appropriated for other purposes or
borrow, for a term not to exceed 2 years from the United
States government or other public or private source. If
the General Assembly is
not sitting in regular session to enact
such legislation for the transfer, expenditure or loan of
such monies, and the President of the Senate and the Speaker of the House
certify that the Senate and House are not in session, the Governor is
authorized to carry out those
decisions, by depositing transfers or loan proceeds into and making
expenditures from the Disaster Response and Recovery Fund, until such time as a quorum of
the General Assembly can convene
in a regular or extraordinary session.
The General Assembly shall, to the extent moneys become available, restore
moneys used from other sources under this Section.
(c) Nothing contained in this Section shall be construed to
limit the Governor's authority to apply for, administer and expend grants,
gifts or payments in aid of disaster mitigation, preparedness, response or
(Source: P.A. 98-465, eff. 8-16-13.)
20 ILCS 3305/10
(20 ILCS 3305/10)
(from Ch. 127, par. 1060)
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 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,
(f) The principal executive officer or his or her designee of each
political subdivision in the State shall annually 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 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
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 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 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 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 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 3305/11
(20 ILCS 3305/11)
(from Ch. 127, par. 1061)
Local Disaster Declarations.
(a) A local disaster
may be declared only by the principal executive officer of a political
subdivision, or his or her interim emergency successor, as provided in
7 of the "Emergency Interim Executive Succession Act".
It shall not be continued or renewed for a period in excess of
7 days except by or with the consent of the governing board of the
political subdivision. Any order or proclamation declaring, continuing,
or terminating a local disaster shall be given prompt and general
publicity and shall be filed promptly with the county clerk, township
clerk, or the municipal
clerk, as the case may be, in the area to which it applies.
(b) The effect of a declaration of a local disaster is to
activate the emergency operations plan of that political subdivision and to
authorize the furnishing
of aid and assistance thereunder.
(Source: P.A. 92-73, eff. 1-1-02.)
20 ILCS 3305/12
(20 ILCS 3305/12)
(from Ch. 127, par. 1062)
Testing of Disaster Warning Devices.
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 Emergency Management Agency.
(Source: P.A. 92-73, eff. 1-1-02.)
20 ILCS 3305/13
(20 ILCS 3305/13)
(from Ch. 127, par. 1063)
Mutual aid arrangements between political subdivisions and taxing
coordinator of each
emergency services and disaster agency may, in collaboration with other
public agencies within his or her immediate vicinity, develop or cause to
mutual aid arrangements with other political subdivisions of taxing
districts within this State for reciprocal disaster response and recovery
assistance in case a disaster is too great to be dealt with unassisted. The
mutual aid shall
not, however, be effective unless and until approved by each of the political
subdivisions. The arrangements shall be consistent with the
State Emergency Operations Plan and State emergency management program, and in
the event of a disaster as described in Section 4 of this Act, it
shall be the duty of each emergency services and disaster agency to render
assistance in accordance with the provisions of the mutual aid arrangements.
(b) The coordinator of an
emergency services and disaster agency may, subject to the approval
of the Director, assist in the negotiation of mutual aid agreements between
this and other states.
(Source: P.A. 92-73, eff. 1-1-02.)
20 ILCS 3305/14
(20 ILCS 3305/14)
(from Ch. 127, par. 1064)
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
to the Governor as appropriate.
(Source: P.A. 86-755; 87-168.)
20 ILCS 3305/15
(20 ILCS 3305/15)
(from Ch. 127, par. 1065)
Neither the State,
any political subdivision of the State, nor, except in cases
of gross negligence or willful misconduct, the Governor, the Director,
the Principal Executive Officer of a political subdivision, or the agents,
employees, or representatives of any of them,
engaged in any emergency management response or recovery
activities, while complying with or attempting to comply with this Act
or any rule or regulations promulgated pursuant to this Act is liable
for the death of or any injury to persons, or damage to property, as a
result of such activity. This Section does not, however, apply to
political subdivisions and principal executive officers required to
maintain emergency services and disaster agencies that are not in
compliance with Section 10 of this Act, notwithstanding provisions of any
other laws. This Section does not, however, affect the
right of any person to receive benefits to which he or she would otherwise
entitled under this Act under the Workers' Compensation Act or the
Workers' Occupational Diseases Act, or under any pension law, and this
Section does not affect the right of any such person to receive any
benefits or compensation under any Act of Congress.
(Source: P.A. 92-73, eff. 1-1-02.)
20 ILCS 3305/16
(20 ILCS 3305/16)
(from Ch. 127, par. 1066)
Professions, Trades and Occupations.
If such disaster
as is described in Section 4 occurs in this State and the services of persons
who are competent to practice any profession, trade or occupation are required
in this State to cope with the disaster and it appears that the
number of persons licensed or registered in this State to practice such profession,
trade or occupation may be insufficient for such purpose, then any persons
who are licensed
elsewhere to practice any such profession, trade or occupation may, if a member of
a mobile support team or unit of another state rendering aid in this State
pursuant to the order of the Governor
of their home state and upon the request of the Governor of this State, or if
otherwise requested so to do by the Governor or the Director of this State,
during the time the disaster continues, practice such profession,
trade or occupation in this State without being licensed or registered in this State.
(Source: P.A. 85-1027.)
20 ILCS 3305/17
(20 ILCS 3305/17)
(from Ch. 127, par. 1067)
Authority to Accept Services, Gifts, Grants or Loans.
the federal government or any agency or officer thereof or whenever
any person, firm or corporation shall offer to the State, or to any political
subdivision thereof, services, equipment, supplies, materials, or funds by
way of gift or grant, for purposes of emergency management,
the State, acting through the Governor, or such political subdivision, acting
through the principal executive officer, may accept such offer and upon such acceptance
the Governor of the State, or the principal executive officer of such
may authorize an officer of the State or of the political subdivision, as the
case may be, to receive such services, equipment, supplies, materials, or funds
on behalf of the State or such political subdivision.
(Source: P.A. 85-1027.)
20 ILCS 3305/17.5
(20 ILCS 3305/17.5)
Homeland Security Emergency Preparedness Fund.
The Homeland Security Emergency Preparedness Fund is created as a special fund in the State treasury. The Fund shall be held separate and apart from all public moneys or funds of this State. All moneys received by the Agency under Section 17 from a federal department or agency shall be deposited into the Fund. Interest earned by the investment or deposit of moneys accumulated in the Fund shall be deposited into the Fund. The Agency is authorized to expend any moneys in the Fund for the specific purposes established by the terms and conditions of the federal awards received by the Agency and in any amount that the Agency deems necessary to make grants and pay expenses in connection with its emergency management and preparedness programs.
(Source: P.A. 97-116, eff. 1-1-12.)
20 ILCS 3305/18
(20 ILCS 3305/18)
(from Ch. 127, par. 1068)
Orders, Rules and Regulations.
(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
of State. 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
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 furnish on the 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 emergency services or disaster agency.
(Source: P.A. 98-44, eff. 6-28-13.)
20 ILCS 3305/19
(20 ILCS 3305/19)
(from Ch. 127, par. 1069)
Utilization of Existing Agency, Facilities, and Personnel.
carrying out the provisions of this Act the Governor, the Director and
the political subdivisions of the State are directed to utilize the services,
equipment, supplies and facilities of existing departments, offices and agencies
of the State and of the political subdivisions of this State,
to the maximum extent practicable, and the officers
and personnel of all such departments, offices and agencies are directed,
upon request, to cooperate with and extend such services and facilities to
the Governor, the Director and the emergency services and disaster agencies.
(Source: P.A. 85-1027.)
20 ILCS 3305/20
(20 ILCS 3305/20)
(from Ch. 127, par. 1070)
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 or an emergency services and disaster agency,
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
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
United States and the Constitution of the State of Illinois, and the territory,
institutions and facilities thereof, both public and private, against all
foreign and domestic; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully
the duties upon which I am about to enter. And I do further swear (or affirm)
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
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 3305/21
(20 ILCS 3305/21)
(from Ch. 127, par. 1071)
No Private Liability.
(a) Any person owning or controlling
real estate or other premises who voluntarily and without compensation grants a
license or privilege, or otherwise permits the designation or use of the
whole or any part or parts of such real estate or premises for the purpose
of sheltering persons during an actual or impending disaster, or an exercise together with his or her successors in
interest, if any, shall not be civilly liable for negligently causing the
death of, or injury to, any person on or about such real estate or premises
under such license, privilege or other permission, or for negligently
causing loss of, or damage to, the property of such person.
(b) Any private person, firm or corporation and employees and agents of such
person, firm or corporation in the performance of a contract with, and under
the direction of, the State, or any political
subdivision of the State under the provisions of this Act shall not be
civilly liable for causing the death of, or injury to, any person or damage
to any property except in the event of willful misconduct.
(c) Any private person, firm or corporation, and any employee or agent
of such person, firm or corporation, who renders assistance or advice at
the request of the State, or any political
subdivision of the State under this Act during an actual or impending
disaster, shall not be civilly liable for causing the death of, or injury
to, any person or damage to any property except in the event of willful
The immunities provided in this subsection (c) shall not apply to any
private person, firm or corporation, or to any employee or agent of such
person, firm or corporation
whose act or omission caused in whole or in part such actual or
impending disaster and who would otherwise be liable therefor.
(Source: P.A. 98-756, eff. 7-16-14.)
20 ILCS 3305/22
(20 ILCS 3305/22)
(from Ch. 127, par. 1072)
Political activities prohibited.
No emergency services and
disaster agency established under the authority of this Act shall be
employed directly or indirectly by any person or persons for political purposes.
(Source: P.A. 85-1027.)