Sen. Mike Porfirio
Filed: 3/5/2024
 
 
 




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1
AMENDMENT TO SENATE BILL 3240


2 AMENDMENT NO. ______. Amend Senate Bill 3240 by replacing 
3everything after the enacting clause with the following:

4 "Section 5. The Civil Administrative Code of Illinois is 
5amended by changing Sections 5-15, 5-20, and 5-160 and by 
6adding Section 5-425 as follows:

7 (20 ILCS 5/5-15) (was 20 ILCS 5/3)
8 Sec. 5-15. Departments of State government. The 
9Departments of State government are created as follows:
10 The Department on Aging.
11 The Department of Agriculture.
12 The Department of Central Management Services.
13 The Department of Children and Family Services.
14 The Department of Commerce and Economic Opportunity.
15 The Department of Corrections.
16 The Department of Employment Security.
 
 
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1 The Illinois Emergency Management Agency and Office of 
2Homeland Security. 
3 The Department of Financial and Professional Regulation. 
4 The Department of Healthcare and Family Services. 
5 The Department of Human Rights.
6 The Department of Human Services.
7 The Department of Innovation and Technology. 
8 The Department of Insurance. 
9 The Department of Juvenile Justice. 
10 The Department of Labor.
11 The Department of the Lottery.
12 The Department of Natural Resources.
13 The Department of Public Health.
14 The Department of Revenue.
15 The Illinois State Police.
16 The Department of Transportation.
17 The Department of Veterans' Affairs.
18(Source: P.A. 102-538, eff. 8-20-21.)

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

20 (20 ILCS 5/5-160) (was 20 ILCS 5/5.13h)
21 Sec. 5-160. In the Illinois Emergency Management Agency 
22and Office of Homeland Security. Assistant Director of the 
23Emergency Management Agency and Office of Homeland Security.
24(Source: P.A. 93-1029, eff. 8-25-04.)

 
 
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1 (20 ILCS 5/5-425 new)
2 Sec. 5-425. In the Illinois Emergency Management Agency 
3and Office of Homeland Security. For terms beginning on or 
4after January 16, 2023, the Director shall receive an annual 
5salary of $180,000 or as set by the Governor, whichever is 
6higher. On July 1, 2023, and on each July 1 thereafter, the 
7Director shall receive an increase in salary based on a cost of 
8living adjustment as authorized by Senate Joint Resolution 192 
9of the 86th General Assembly.
10 For terms beginning on or after January 16, 2023, the 
11Assistant Director of the Illinois Emergency Management Agency 
12shall receive an annual salary of $156,600 or as set by the 
13Governor, whichever is higher. On July 1, 2023, and on each 
14July 1 thereafter, the Assistant Director shall receive an 
15increase in salary based on a cost of living adjustment as 
16authorized by Senate Joint Resolution 192 of the 86th General 
17Assembly.

18 Section 10. The Illinois Emergency Management Agency Act 
19is amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 10, 12, 
2014, 18, 20, and 23 and by adding Sections 24 and 25 as follows:

21 (20 ILCS 3305/1) (from Ch. 127, par. 1051)
22 Sec. 1. Short Title. This Act may be cited as the IEMA-OHS 
23Illinois Emergency Management Agency Act.
24(Source: P.A. 87-168.)

 
 
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1 (20 ILCS 3305/2) (from Ch. 127, par. 1052)
2 Sec. 2. Policy and Purposes. 
3 (a) Because of the possibility of the occurrence of 
4disasters of unprecedented size and destructiveness resulting 
5from the explosion in this or in neighboring states of atomic 
6or other means from without or by means of sabotage or other 
7disloyal actions within, or from fire, flood, earthquake, 
8telecommunications failure, or other natural or technological 
9causes, and in order to insure that this State will be prepared 
10to and will adequately deal with any disasters, preserve the 
11lives and property of the people of this State and protect the 
12public peace, health, and safety in the event of a disaster, it 
13is found and declared to be necessary: 
14  (1) To create a State emergency management and 
15 homeland security agency an Illinois Emergency Management 
16 Agency and to authorize emergency management and homeland 
17 security programs within the political subdivisions of the 
18 State. 
19  (2) To confer upon the Governor and upon the principal 
20 executive officer of the political subdivisions of the 
21 State the powers provided herein. 
22  (3) To provide for the rendering of mutual aid among 
23 the political subdivisions and taxing districts of the 
24 State and with other states and with respect to the 
25 carrying out of an emergency management and homeland 
 
 
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1 security programs program.
2 (b) It is further declared to be the purpose of this Act 
3and the policy of the State that all emergency management and 
4homeland security programs of this State be coordinated to the 
5maximum extent with the comparable programs of the federal 
6government, including its various departments and agencies, of 
7other states and localities and private agencies of every 
8type, to the end that the most effective preparation and use 
9may be made of the nation's resources and facilities for 
10dealing with any disaster that may occur.
11(Source: P.A. 87-168; 88-606, eff. 1-1-95.)

12 (20 ILCS 3305/4) (from Ch. 127, par. 1054)
13 Sec. 4. Definitions. As used in this Act, unless the 
14context clearly indicates otherwise, the following words and 
15terms have the meanings ascribed to them in this Section:
16 "Agency" or "IEMA-OHS" means the Illinois Emergency 
17Management Agency and Office of Homeland Security. 
18 "Coordinator" means the staff assistant to the principal 
19executive officer of a political subdivision with the duty of 
20coordinating the emergency management programs of that 
21political subdivision.
22 "Cyber incident" means an event occurring on or conducted 
23through a computer network that actually or imminently 
24jeopardizes the integrity, confidentiality, or availability of 
25computers, information or communications systems or networks, 
 
 
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1physical or virtual infrastructure controlled by computers or 
2information systems, or information resident thereon that 
3affect or control infrastructure or communications networks 
4utilized by the public. "Cyber incident" includes a 
5vulnerability in information systems, system security 
6procedures, internal controls, or implementations that could 
7be exploited by a threat source that affect or control 
8infrastructure or communications networks utilized by the 
9public.
10 "Director" means the Director of the Illinois Emergency 
11Management Agency and Office of Homeland Security. 
12 "Disaster" means an occurrence or threat of widespread or 
13severe damage, injury or loss of life or property resulting 
14from any natural, technological, or human cause, including but 
15not limited to fire, flood, earthquake, wind, storm, hazardous 
16materials spill or other water contamination requiring 
17emergency action to avert danger or damage, epidemic, air 
18contamination, blight, extended periods of severe and 
19inclement weather, drought, infestation, critical shortages of 
20essential fuels and energy, explosion, riot, hostile military 
21or paramilitary action, public health emergencies, cyber 
22incidents, or acts of domestic terrorism.
23 "Emergency Management" means the efforts of the State and 
24the political subdivisions to develop, plan, analyze, conduct, 
25provide, implement and maintain programs for disaster 
26mitigation, preparedness, response and recovery.
 
 
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1 "Emergency Services and Disaster Agency" means the agency 
2by this name, by the name Emergency Management Agency, or by 
3any other name that is established by ordinance within a 
4political subdivision to coordinate the emergency management 
5program within that political subdivision and with private 
6organizations, other political subdivisions, the State and 
7federal governments.
8 "Emergency Operations Plan" means the written plan of the 
9State and political subdivisions describing the organization, 
10mission, and functions of the government and supporting 
11services for responding to and recovering from disasters and 
12shall include plans that take into account the needs of those 
13individuals with household pets and service animals following 
14a major disaster or emergency.
15 "Emergency Services" means the coordination of functions 
16by the State and its political subdivisions subdivision, other 
17than functions for which military forces are primarily 
18responsible, as may be necessary or proper to prevent, 
19minimize, repair, and alleviate injury and damage resulting 
20from any natural or technological causes. These functions 
21include, without limitation, fire fighting services, police 
22services, emergency aviation services, medical and health 
23services, HazMat and technical rescue teams, rescue, 
24engineering, warning services, communications, radiological, 
25chemical and other special weapons defense, evacuation of 
26persons from stricken or threatened areas, emergency assigned 
 
 
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1functions of plant protection, temporary restoration of public 
2utility services and other functions related to civilian 
3protection, together with all other activities necessary or 
4incidental to protecting life or property.
5 "Exercise" means an event or activity delivered through 
6discussion or action to develop, assess, or validate 
7capabilities to achieve planned objectives. a planned event 
8realistically simulating a disaster, conducted for the purpose 
9of evaluating the political subdivision's coordinated 
10emergency management capabilities, including, but not limited 
11to, testing the emergency operations plan.
12 "HazMat team" means a career or volunteer mobile support 
13team that has been authorized by a unit of local government to 
14respond to hazardous materials emergencies and that is 
15primarily designed for emergency response to chemical or 
16biological terrorism, radiological emergencies, hazardous 
17material spills, releases, or fires, or other contamination 
18events. 
19 "Illinois Emergency Management Agency and Office of 
20Homeland Security" or "Agency" means the agency established by 
21this Act within the executive branch of State Government 
22responsible for coordination of the overall emergency 
23management and homeland security programs program of the State 
24and with private organizations, political subdivisions, and 
25the federal government. Illinois Emergency Management Agency 
26and Office of Homeland Security also means the State Emergency 
 
 
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1Response Commission responsible for the implementation of 
2Title III of the Superfund Amendments and Reauthorization Act 
3of 1986.
4 "Interoperable communications" means communications, 
5including the exchange of voice data, and video on demand in 
6real time, by emergency response providers and relevant State 
7and local government agencies through a dedicated public 
8safety network using information technology systems and radio 
9communications systems. 
10 "Mobile Support Team" means a group of individuals 
11designated as a team by the Governor or Director to train prior 
12to and to be dispatched, if the Governor or the Director so 
13determines, to aid and reinforce the State and political 
14subdivision emergency management efforts in response to a 
15disaster.
16 "Municipality" means any city, village, and incorporated 
17town.
18 "Political Subdivision" means any county, city, village, 
19or incorporated town or township if the township is in a county 
20having a population of more than 2,000,000.
21 "Principal Executive Officer" means chair of the county 
22board, supervisor of a township if the township is in a county 
23having a population of more than 2,000,000, mayor of a city or 
24incorporated town, president of a village, or in their absence 
25or disability, the interim successor as established under 
26Section 7 of the Emergency Interim Executive Succession Act.
 
 
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1 "Public health emergency" means an occurrence or imminent 
2threat of an illness or health condition that:
3  (a) is believed to be caused by any of the following:
4   (i) bioterrorism;
5   (ii) the appearance of a novel or previously 
6 controlled or eradicated infectious agent or 
7 biological toxin;
8   (iii) a natural disaster;
9   (iv) a chemical attack or accidental release; or
10   (v) a nuclear attack or accident; and
11  (b) poses a high probability of any of the following 
12 harms:
13   (i) a large number of deaths in the affected 
14 population;
15   (ii) a large number of serious or long-term 
16 disabilities in the affected population; or
17   (iii) widespread exposure to an infectious or 
18 toxic agent that poses a significant risk of 
19 substantial future harm to a large number of people in 
20 the affected population.
21 "Statewide mutual aid organization" means an entity with 
22local government members throughout the State that facilitates 
23temporary assistance through its members in a particular 
24public safety discipline, such as police, fire or emergency 
25management, when an occurrence exceeds a member jurisdiction's 
26capabilities. 
 
 
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1 "Technical rescue team" means a career or volunteer mobile 
2support team that has been authorized by a unit of local 
3government to respond to building collapse, high angle rescue, 
4and other specialized rescue emergencies and that is primarily 
5designated for emergency response to technical rescue events. 
6(Source: P.A. 102-485, eff. 8-20-21.)

7 (20 ILCS 3305/5) (from Ch. 127, par. 1055)
8 Sec. 5. Illinois Emergency Management Agency and Office of 
9Homeland Security. 
10 (a) Establishment of the Illinois Emergency Management 
11Agency and Office of Homeland Security. There is created 
12within the executive branch of the State Government an 
13Illinois Emergency Management Agency and Office of Homeland 
14Security and a Director of the Illinois Emergency Management 
15Agency and Office of Homeland Security, herein called the 
16"Director" who shall be the head of the Agency thereof. The 
17Director shall be appointed by the Governor, with the advice 
18and consent of the Senate, and shall serve for a term of 2 
19years beginning on the third Monday in January of the 
20odd-numbered year, and until a successor is appointed and has 
21qualified; except that the term of the first Director 
22appointed under this Act shall expire on the third Monday in 
23January, 1989. The Director shall not hold any other 
24remunerative public office. For terms beginning after January 
2518, 2019 (the effective date of Public Act 100-1179) and 
 
 
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1before January 16, 2023, the annual salary of the Director 
2shall be as provided in Section 5-300 of the Civil 
3Administrative Code of Illinois. Notwithstanding any other 
4provision of law, for terms beginning on or after January 16, 
52023, the Director shall receive an annual salary of $180,000 
6or as set by the Governor, whichever is higher. On July 1, 
72023, and on each July 1 thereafter, the Director shall 
8receive an increase in salary based on a cost of living 
9adjustment as authorized by Senate Joint Resolution 192 of the 
1086th General Assembly. 
11 For terms beginning on or after January 16, 2023, the 
12Assistant Director of the Illinois Emergency Management Agency 
13shall receive an annual salary of $156,600 or as set by the 
14Governor, whichever is higher. On July 1, 2023, and on each 
15July 1 thereafter, the Assistant Director shall receive an 
16increase in salary based on a cost of living adjustment as 
17authorized by Senate Joint Resolution 192 of the 86th General 
18Assembly. 
19 (b) Agency personnel. The Illinois Emergency Management 
20Agency shall obtain, under the provisions of the Personnel 
21Code, technical, clerical, stenographic and other 
22administrative personnel, and may make expenditures within the 
23appropriation therefor as may be necessary to carry out the 
24purpose of this Act. The agency created by this Act is intended 
25to be a successor to the agency created under the Illinois 
26Emergency Services and Disaster Agency Act of 1975 and the 
 
 
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1personnel, equipment, records, and appropriations of that 
2agency are transferred to the successor agency as of June 30, 
31988 (the effective date of this Act).
4 (c) Responsibilities of the Director. The Director, 
5subject to the direction and control of the Governor, shall be 
6the executive head of the Illinois Emergency Management Agency 
7and the State Emergency Response Commission and shall be 
8responsible under the direction of the Governor, for carrying 
9out the programs program for emergency management, nuclear and 
10radiation safety, and homeland security of this State. The 
11Director shall also maintain liaison and cooperate with the 
12emergency management, nuclear and radiation safety, and 
13homeland security organizations of this State and other states 
14and of the federal government.
15 (d) Local emergency operations planning. The Illinois 
16Emergency Management Agency shall take an integral part in the 
17development and revision of political subdivision emergency 
18operations plans prepared under paragraph (f) of Section 10. 
19To this end it shall employ or otherwise secure the services of 
20professional and technical personnel capable of providing 
21expert assistance to the emergency services and disaster 
22agencies. These personnel shall consult with emergency 
23services and disaster agencies on a regular basis and shall 
24make field examinations of the areas, circumstances, and 
25conditions that particular political subdivision emergency 
26operations plans are intended to apply.
 
 
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1 (e) Local Emergency Planning Committee. The Illinois 
2Emergency Management Agency and political subdivisions shall 
3be encouraged to form an emergency management advisory 
4committee composed of private and public personnel 
5representing the emergency management phases of mitigation, 
6preparedness, response, and recovery. The Local Emergency 
7Planning Committee, as created under the Illinois Emergency 
8Planning and Community Right to Know Act, shall serve as an 
9advisory committee to the emergency services and disaster 
10agency or agencies serving within the boundaries of that Local 
11Emergency Planning Committee planning district for:
12  (1) the development of emergency operations plan 
13 provisions for hazardous chemical emergencies; and
14  (2) the assessment of emergency response capabilities 
15 related to hazardous chemical emergencies.
16 (f) Emergency management responsibilities of the Agency. 
17The Illinois Emergency Management Agency shall:
18  (1) Coordinate the overall emergency management 
19 program of the State.
20  (2) Cooperate with local governments, the federal 
21 government, and any public or private agency or entity in 
22 achieving any purpose of this Act and in implementing 
23 emergency management programs for mitigation, 
24 preparedness, response, and recovery.
25  (2.5) (Blank). Develop a comprehensive emergency 
26 preparedness and response plan for any nuclear accident in 
 
 
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1 accordance with Section 65 of the Nuclear Safety Law of 
2 2004 and in development of the Illinois Nuclear Safety 
3 Preparedness program in accordance with Section 8 of the 
4 Illinois Nuclear Safety Preparedness Act.
5  (2.6) Coordinate with the Department of Public Health 
6 with respect to planning for and responding to public 
7 health emergencies.
8  (3) Prepare, for issuance by the Governor, executive 
9 orders, proclamations, and regulations as necessary or 
10 appropriate in coping with disasters.
11  (4) Promulgate rules and requirements for political 
12 subdivision emergency operations plans that are not 
13 inconsistent with and are at least as stringent as 
14 applicable federal laws and regulations.
15  (5) Review and approve, in accordance with Illinois 
16 Emergency Management Agency rules, emergency operations 
17 plans for those political subdivisions required to have an 
18 emergency services and disaster agency pursuant to this 
19 Act.
20  (5.5) Promulgate rules and requirements for the 
21 political subdivision emergency management exercises, 
22 including, but not limited to, exercises of the emergency 
23 operations plans.
24  (5.10) Review, evaluate, and approve, in accordance 
25 with Illinois Emergency Management Agency rules, political 
26 subdivision emergency management exercises for those 
 
 
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1 political subdivisions required to have an emergency 
2 services and disaster agency pursuant to this Act.
3  (6) Determine requirements of the State and its 
4 political subdivisions for food, clothing, and other 
5 necessities in event of a disaster.
6  (7) Establish a register of persons with types of 
7 emergency management training and skills in mitigation, 
8 preparedness, response, and recovery. 
9  (8) Establish a register of government and private 
10 response resources available for use in a disaster.
11  (9) Expand the Earthquake Awareness Program and its 
12 efforts to distribute earthquake preparedness materials to 
13 schools, political subdivisions, community groups, civic 
14 organizations, and the media. Emphasis will be placed on 
15 those areas of the State most at risk from an earthquake. 
16 Maintain the list of all school districts, hospitals, 
17 airports, power plants, including nuclear power plants, 
18 lakes, dams, emergency response facilities of all types, 
19 and all other major public or private structures which are 
20 at the greatest risk of damage from earthquakes under 
21 circumstances where the damage would cause subsequent harm 
22 to the surrounding communities and residents.
23  (10) Disseminate all information, completely and 
24 without delay, on water levels for rivers and streams and 
25 any other data pertaining to potential flooding supplied 
26 by the Division of Water Resources within the Department 
 
 
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1 of Natural Resources to all political subdivisions to the 
2 maximum extent possible.
3  (11) Develop agreements, if feasible, with medical 
4 supply and equipment firms to supply resources as are 
5 necessary to respond to an earthquake or any other 
6 disaster as defined in this Act. These resources will be 
7 made available upon notifying the vendor of the disaster. 
8 Payment for the resources will be in accordance with 
9 Section 7 of this Act. The Illinois Department of Public 
10 Health shall determine which resources will be required 
11 and requested.
12  (11.5) In coordination with the Illinois State Police, 
13 develop and implement a community outreach program to 
14 promote awareness among the State's parents and children 
15 of child abduction prevention and response.
16  (12) Out of funds appropriated for these purposes, 
17 award capital and non-capital grants to Illinois hospitals 
18 or health care facilities located outside of a city with a 
19 population in excess of 1,000,000 to be used for purposes 
20 that include, but are not limited to, preparing to respond 
21 to mass casualties and disasters, maintaining and 
22 improving patient safety and quality of care, and 
23 protecting the confidentiality of patient information. No 
24 single grant for a capital expenditure shall exceed 
25 $300,000. No single grant for a non-capital expenditure 
26 shall exceed $100,000. In awarding such grants, preference 
 
 
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1 shall be given to hospitals that serve a significant 
2 number of Medicaid recipients, but do not qualify for 
3 disproportionate share hospital adjustment payments under 
4 the Illinois Public Aid Code. To receive such a grant, a 
5 hospital or health care facility must provide funding of 
6 at least 50% of the cost of the project for which the grant 
7 is being requested. In awarding such grants, the Illinois 
8 Emergency Management Agency shall consider the 
9 recommendations of the Illinois Hospital Association.
10  (13) (Blank). Do all other things necessary, 
11 incidental or appropriate for the implementation of this 
12 Act.
13 (g) School and campus grants. The Illinois Emergency 
14Management Agency is authorized to make grants to various 
15higher education institutions, public K-12 school districts, 
16area vocational centers as designated by the State Board of 
17Education, inter-district special education cooperatives, 
18regional safe schools, and nonpublic K-12 schools for safety 
19and security improvements. For the purpose of this subsection 
20(g), "higher education institution" means a public university, 
21a public community college, or an independent, not-for-profit 
22or for-profit higher education institution located in this 
23State. Grants made under this subsection (g) shall be paid out 
24of moneys appropriated for that purpose from the Build 
25Illinois Bond Fund. The Illinois Emergency Management Agency 
26shall adopt rules to implement this subsection (g). These 
 
 
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1rules may specify: (1) (i) the manner of applying for grants; 
2(2) (ii) project eligibility requirements; (3) (iii) 
3restrictions on the use of grant moneys; (4) (iv) the manner in 
4which the various higher education institutions must account 
5for the use of grant moneys; and (5) (v) any other provision 
6that the Illinois Emergency Management Agency determines to be 
7necessary or useful for the administration of this subsection 
8(g).
9 (g-5) State not-for-profit security grants. The Illinois 
10Emergency Management Agency is authorized to make grants to 
11not-for-profit organizations which are exempt from federal 
12income taxation under section 501(c)(3) of the Federal 
13Internal Revenue Code for eligible security improvements that 
14assist the organization in preventing, preparing for, or 
15responding to threats, attacks, or acts of terrorism. To be 
16eligible for a grant under the program, the Agency must 
17determine that the organization is at a high risk of being 
18subject to threats, attacks, or acts of terrorism based on the 
19organization's profile, ideology, mission, or beliefs. 
20Eligible security improvements shall include all eligible 
21preparedness activities under the federal Nonprofit Security 
22Grant Program, including, but not limited to, physical 
23security upgrades, security training exercises, preparedness 
24training exercises, contracting with security personnel, and 
25any other security upgrades deemed eligible by the Director. 
26Eligible security improvements shall not duplicate, in part or 
 
 
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1in whole, a project included under any awarded federal grant 
2or in a pending federal application. The Director shall 
3establish procedures and forms by which applicants may apply 
4for a grant and procedures for distributing grants to 
5recipients. Any security improvements awarded shall remain at 
6the physical property listed in the grant application, unless 
7authorized by Agency rule or approved by the Agency in 
8writing. The procedures shall require each applicant to do the 
9following:
10  (1) identify and substantiate prior or current 
11 threats, attacks, or acts of terrorism against the 
12 not-for-profit organization;
13  (2) indicate the symbolic or strategic value of one or 
14 more sites that renders the site a possible target of a 
15 threat, attack, or act of terrorism;
16  (3) discuss potential consequences to the organization 
17 if the site is damaged, destroyed, or disrupted by a 
18 threat, attack, or act of terrorism;
19  (4) describe how the grant will be used to integrate 
20 organizational preparedness with broader State and local 
21 preparedness efforts, as described by the Agency in each 
22 Notice of Opportunity for Funding;
23  (5) submit (i) a vulnerability assessment conducted by 
24 experienced security, law enforcement, or military 
25 personnel, or conducted using an Agency-approved or 
26 federal Nonprofit Security Grant Program self-assessment 
 
 
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1 tool, and (ii) a description of how the grant award will be 
2 used to address the vulnerabilities identified in the 
3 assessment; and
4  (6) submit any other relevant information as may be 
5 required by the Director.
6 The Agency is authorized to use funds appropriated for the 
7grant program described in this subsection (g-5) to administer 
8the program.
9 Any Agency Notice of Opportunity for Funding, proposed or 
10final rulemaking, guidance, training opportunity, or other 
11resource related to the grant program must be published on the 
12Agency's publicly available website, and any announcements 
13related to funding shall be shared with all State legislative 
14offices, the Governor's office, emergency services and 
15disaster agencies mandated or required pursuant to subsections 
16(b) through (d) of Section 10, and any other State agencies as 
17determined by the Agency. Subject to appropriation, the grant 
18application period shall be open for no less than 45 calendar 
19days during the first application cycle each fiscal year, 
20unless the Agency determines that a shorter period is 
21necessary to avoid conflicts with the annual federal Nonprofit 
22Security Grant Program funding cycle. Additional application 
23cycles may be conducted during the same fiscal year, subject 
24to availability of funds. Upon request, Agency staff shall 
25provide reasonable assistance to any applicant in completing a 
26grant application or meeting a post-award requirement. 
 
 
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1 (g-10) Homeland Security Advisor.
2  (1) A Homeland Security Advisor shall be appointed by 
3 the Governor, by and with the advice and consent of the 
4 Senate, shall report to the Governor, and shall be a 
5 member of the Governor's Cabinet. The Homeland Security 
6 Advisor shall:
7   (A) advise the Governor or the Governor's 
8 designees on matters of homeland security and 
9 coordinate Illinois' homeland security and 
10 preparedness efforts across all levels of government, 
11 in order to protect the people and critical 
12 infrastructure of Illinois;
13   (B) coordinate a uniform and cooperative 
14 statewide, strategic response to homeland security 
15 threats as defined by, and in the sole discretion of, 
16 the Governor;
17   (C) coordinate and provide policy recommendations 
18 to the Governor and other State agencies on all 
19 matters pertaining to homeland security;
20   (D) utilize the expertise and assistance of all 
21 State agencies, commissions, and boards to carry out 
22 their mission in support of the State's homeland 
23 security efforts; each State agency, commission, or 
24 board shall be required, to the extent not 
25 inconsistent with law, to cooperate with the Homeland 
26 Security Advisor; to facilitate a unified State 
 
 
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1 strategy on matters of homeland security, all State 
2 agencies, boards, and commissions shall provide 
3 briefings to the Homeland Security Advisor regularly 
4 and upon request;
5   (E) serve as the State's primary liaison with all 
6 federal agencies pertaining to homeland security 
7 matters for the State;
8   (F) consistent with the United States Department 
9 of Homeland Security standard operating procedures and 
10 guidance, oversee and approve security clearance 
11 requests for State personnel sent to the federal 
12 government for final adjudication; coordinate with 
13 Illinois State Police on such clearance requests for 
14 law enforcement personnel; this subparagraph (F) shall 
15 not apply to clearances issued by the Department of 
16 Defense; and
17   (G) perform other duties related to homeland 
18 security as directed by the Governor or the Governor's 
19 designees.
20  (2) A Deputy Homeland Security Advisor, reporting to 
21 the Homeland Security Advisor, shall be recommended by the 
22 Homeland Security Advisor. The Deputy Homeland Security 
23 Advisor shall:
24   (A) assume responsibilities of the Homeland 
25 Security Advisor as needed or directed by the Governor 
26 or Homeland Security Advisor;
 
 
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1   (B) serve as the Deputy Director of the Office of 
2 Homeland Security within the Agency;
3   (C) develop and execute the State's unified 
4 homeland security strategy;
5   (D) serve as a representative of the Homeland 
6 Security Advisor and the Agency's Office of Homeland 
7 Security with all State agencies, commissions, and 
8 boards for matters pertaining to homeland security; 
9 and
10   (E) serve as a representative of the Homeland 
11 Security Advisor and State with all federal agencies 
12 for matters pertaining to homeland security.
13  (3) The Homeland Security Advisor or Deputy Homeland 
14 Security Advisor shall provide briefings to the Governor 
15 and Lieutenant Governor as directed.
16  (4) The Agency shall coordinate with and provide 
17 administrative support for the Homeland Security Advisor 
18 and house the State's Office of Homeland Security. The 
19 Director shall coordinate with the Homeland Security 
20 Advisor to ensure the duties and actions of the Office of 
21 Homeland Security are aligned with the State's homeland 
22 security strategic goals and priorities.
23 (g-15) Homeland Security responsibilities of the Agency. 
24The Agency, through its Office of Homeland Security, shall:
25  (1) support the Homeland Security Advisor in the 
26 administration and coordination of homeland security and 
 
 
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1 preparedness efforts across all levels of government to 
2 protect the people and critical infrastructure of 
3 Illinois;
4  (2) oversee, plan, and distribute State and federal 
5 funding for homeland security on the basis of risk, 
6 threat, and vulnerability to ensure the most effective use 
7 of limited resources, and guarantee that funds are used 
8 for appropriate and necessary purposes;
9  (3) review all proposed State legislation pertaining 
10 to homeland security matters and report to the Homeland 
11 Security Advisor about such proposed legislation; review 
12 existing legislation and recommend modifications, 
13 amendments, or initiatives to support or enhance the 
14 State's homeland security and preparedness capabilities;
15  (4) ensure the implementation of the strategic 
16 response and policy recommendations of the Governor and 
17 Homeland Security Advisor pertaining to all matters of 
18 homeland security;
19  (5) coordinate with all State agencies, commissions, 
20 and boards, regarding matters of homeland security;
21  (6) coordinate with the Illinois State Police to 
22 provide the United States Department of Homeland Security 
23 with relevant reporting metrics and data pertaining to the 
24 State;
25  (7) develop, at the direction of the Homeland Security 
26 Advisor, and in cooperation with the Illinois State Police 
 
 
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1 and other appropriate State agencies, appropriate 
2 protocols, staffing, training, and equipment guidelines 
3 for the weapons of mass destruction teams that the 
4 Governor, or the Governor's designee, may deploy in the 
5 event or threat of a disaster;
6  (8) lead the State's homeland security public 
7 education and risk communication messaging; and
8  (9) adopt rules necessary for implementation of 
9 homeland security programs.
10 (g-20) Nuclear and radiation safety responsibilities of 
11the Agency. The Agency shall be responsible for nuclear and 
12radiation safety and shall:
13  (1) exercise, administer, and enforce all rights, 
14 powers, and duties for nuclear and radiation safety 
15 authorized in the Nuclear Safety Law of 2004 or successor 
16 statutes;
17  (2) develop a comprehensive emergency preparedness and 
18 response plan for any nuclear accident in accordance with 
19 Section 65 of the Nuclear Safety Law of 2004 and an 
20 Illinois nuclear safety preparedness program in accordance 
21 with Section 8 of the Illinois Nuclear Safety Preparedness 
22 Act or successor statutes; and
23  (3) have the right to enter on public and private 
24 property in order to take environmental samples for 
25 response to a disaster that reasonably could have caused 
26 radioactive contamination.
 
 
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1 (h) Donations and sponsorships. Except as provided in 
2Section 17.5 of this Act, any moneys received by the Agency 
3from donations or sponsorships unrelated to a disaster shall 
4be deposited in the Emergency Planning and Training Fund and 
5used by the Agency, subject to appropriation, to effectuate 
6planning and training activities. Any moneys received by the 
7Agency from donations during a disaster and intended for 
8disaster response or recovery shall be deposited into the 
9Disaster Response and Recovery Fund and used for disaster 
10response and recovery pursuant to the Disaster Relief Act. 
11 (i) Conference fees. The Illinois Emergency Management 
12Agency may, by rule, assess and collect reasonable fees for 
13attendance at Agency-sponsored conferences to enable the 
14Agency to carry out the requirements of this Act. Any moneys 
15received under this subsection shall be deposited in the 
16Emergency Planning and Training Fund and used by the Agency, 
17subject to appropriation, for planning and training 
18activities.
19 (j) Other grant-making powers. The Illinois Emergency 
20Management Agency is authorized to make grants to other State 
21agencies, public universities, units of local government, and 
22statewide mutual aid organizations to enhance statewide 
23emergency preparedness and response.
24 (k) Agency's responsibility to implement and administer 
25the Act. The Agency shall do all other things necessary, 
26incidental, or appropriate for the implementation of this Act, 
 
 
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1including the adoption of rules in accordance with the 
2Illinois Administrative Procedure Act. 
3(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 
4102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. 
51-1-24.)

6 (20 ILCS 3305/6) (from Ch. 127, par. 1056)
7 Sec. 6. Emergency Management Powers of the Governor. 
8 (a) The Governor shall have general direction and control 
9of the Illinois Emergency Management Agency and shall be 
10responsible for the carrying out of the provisions of this 
11Act.
12 (b) In performing duties under this Act, the Governor is 
13authorized to cooperate with the federal government and with 
14other states in all matters pertaining to emergency 
15management, nuclear and radiation safety, and homeland 
16security.
17 (c) In performing duties under this Act, the Governor is 
18further authorized: 
19  (1) To make, amend, and rescind all lawful necessary 
20 orders, rules, and regulations to carry out the provisions 
21 of this Act within the limits of the authority conferred 
22 upon the Governor. 
23  (2) To cause to be prepared a comprehensive plans plan 
24 and programs program for the emergency management, nuclear 
25 and radiation safety, and homeland security of this State, 
 
 
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1 which plans and programs plan and program shall be 
2 integrated into and coordinated with emergency management, 
3 nuclear and radiation safety, and homeland security plans 
4 and programs of the federal government and of other states 
5 whenever possible and which plans and programs plan and 
6 program may include: 
7   a. Mitigation of injury and damage caused by 
8 disaster. 
9   b. Prompt and effective response to disaster. 
10   c. Emergency relief. 
11   d. Identification of areas particularly vulnerable 
12 to disasters. 
13   e. Recommendations for zoning, building, and other 
14 land-use controls, safety measures for securing 
15 permanent structures and other mitigation measures 
16 designed to eliminate or reduce disasters or their 
17 impact. 
18   f. Assistance to political subdivisions in 
19 designing emergency operations plans. 
20   g. Authorization and procedures for the erection 
21 or other construction of temporary works designed to 
22 mitigate danger, damage or loss from flood, or other 
23 disaster. 
24   h. Preparation and distribution to the appropriate 
25 State and political subdivision officials of a State 
26 catalog of federal, State, and private assistance 
 
 
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1 programs. 
2   i. Organization of State personnel and chains of 
3 command. 
4   j. Coordination of federal, State, and political 
5 subdivision emergency management, nuclear and 
6 radiation safety, and homeland security activities. 
7   k. Other necessary matters. 
8  (3) In accordance with the plans plan and programs 
9 program for the emergency management, nuclear and 
10 radiation safety, and homeland security of this State, and 
11 out of funds appropriated for these purposes, to procure 
12 and preposition supplies, medicines, materials and 
13 equipment, to institute training programs and public 
14 information programs, and to take all other preparatory 
15 steps including the partial or full mobilization of 
16 emergency services and disaster agencies in advance of 
17 actual disaster to insure the furnishing of adequately 
18 trained and equipped forces for disaster response and 
19 recovery. 
20  (4) Out of funds appropriated for these purposes, to 
21 make studies and surveys of the industries, resources, and 
22 facilities in this State as may be necessary to ascertain 
23 the capabilities of the State for emergency management 
24 phases of mitigation, preparedness, response, and recovery 
25 and to plan for the most efficient emergency use thereof. 
26  (5) On behalf of this State, to negotiate for and 
 
 
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1 submit to the General Assembly for its approval or 
2 rejection reciprocal mutual aid agreements or compacts 
3 with other states, either on a statewide or political 
4 subdivision basis. The agreements or compacts, shall be 
5 limited to the furnishing or exchange of food, clothing, 
6 medical or other supplies, engineering and police 
7 services; emergency housing and feeding; National and 
8 State Guards while under the control of the State; health, 
9 medical, and related services; fire fighting, rescue, 
10 transportation, communication, and construction services 
11 and equipment, provided, however, that if the General 
12 Assembly be not in session and the Governor has not 
13 proclaimed the existence of a disaster under this Section, 
14 then the agreements or compacts shall instead be submitted 
15 to an Interim Committee on Emergency Management composed 
16 of 5 Senators appointed by the President of the Senate and 
17 of 5 Representatives appointed by the Speaker of the 
18 House, during the month of June of each odd-numbered year 
19 to serve for a 2-year 2 year term, beginning July 1 of that 
20 year, and until their successors are appointed and 
21 qualified, or until termination of their legislative 
22 service, whichever first occurs. Vacancies shall be filled 
23 by appointment for the unexpired term in the same manner 
24 as original appointments. All appointments shall be made 
25 in writing and filed with the Secretary of State as a 
26 public record. The Committee shall have the power to 
 
 
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1 approve or reject any agreements or compacts for and on 
2 behalf of the General Assembly; and, provided further, 
3 that an affirmative vote of 2/3 of the members of the 
4 Committee shall be necessary for the approval of any 
5 agreement or compact.
6(Source: P.A. 92-73, eff. 1-1-02.)

7 (20 ILCS 3305/7) (from Ch. 127, par. 1057)
8 Sec. 7. Emergency Powers of the Governor. In the event of a 
9disaster, as defined in Section 4, the Governor may, by 
10proclamation, declare that a disaster exists. Upon such 
11proclamation, the Governor shall have and may exercise for a 
12period not to exceed 30 days the following emergency powers; 
13provided, however, that the lapse of the emergency powers 
14shall not, as regards any act or acts occurring or committed 
15within the 30-day period, deprive any person, firm, 
16corporation, political subdivision, or body politic of any 
17right or rights to compensation or reimbursement which he, 
18she, it, or they may have under the provisions of this Act:
19  (1) To suspend the provisions of any regulatory 
20 statute prescribing procedures for conduct of State 
21 business, or the orders, rules and regulations of any 
22 State agency, if strict compliance with the provisions of 
23 any statute, order, rule, or regulation would in any way 
24 prevent, hinder or delay necessary action, including 
25 emergency purchases, by the Illinois Emergency Management 
 
 
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1 Agency, in coping with the disaster.
2  (2) To utilize all available resources of the State 
3 government as reasonably necessary to cope with the 
4 disaster and of each political subdivision of the State.
5  (3) To transfer the direction, personnel or functions 
6 of State departments and agencies or units thereof for the 
7 purpose of performing or facilitating disaster response 
8 and recovery programs.
9  (4) On behalf of this State to take possession of, and 
10 to acquire full title or a lesser specified interest in, 
11 any personal property as may be necessary to accomplish 
12 the objectives set forth in Section 2 of this Act, 
13 including: airplanes, automobiles, trucks, trailers, 
14 buses, and other vehicles; coal, oils, gasoline, and other 
15 fuels and means of propulsion; explosives, materials, 
16 equipment, and supplies; animals and livestock; feed and 
17 seed; food and provisions for humans and animals; clothing 
18 and bedding; and medicines and medical and surgical 
19 supplies; and to take possession of and for a limited 
20 period occupy and use any real estate necessary to 
21 accomplish those objectives; but only upon the undertaking 
22 by the State to pay just compensation therefor as in this 
23 Act provided, and then only under the following 
24 provisions:
25   a. The Governor, or the person or persons as the 
26 Governor may authorize so to do, may forthwith take 
 
 
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1 possession of property for and on behalf of the State; 
2 provided, however, that the Governor or persons shall 
3 simultaneously with the taking, deliver to the owner 
4 or his or her agent, if the identity of the owner or 
5 agency is known or readily ascertainable, a signed 
6 statement in writing, that shall include the name and 
7 address of the owner, the date and place of the taking, 
8 description of the property sufficient to identify it, 
9 a statement of interest in the property that is being 
10 so taken, and, if possible, a statement in writing, 
11 signed by the owner, setting forth the sum that he or 
12 she is willing to accept as just compensation for the 
13 property or use. Whether or not the owner or agent is 
14 known or readily ascertainable, a true copy of the 
15 statement shall promptly be filed by the Governor or 
16 the person with the Director, who shall keep the 
17 docket of the statements. In cases where the sum that 
18 the owner is willing to accept as just compensation is 
19 less than $1,000, copies of the statements shall also 
20 be filed by the Director with, and shall be passed upon 
21 by an Emergency Management Claims Commission, 
22 consisting of 3 disinterested citizens who shall be 
23 appointed by the Governor, by and with the advice and 
24 consent of the Senate, within 20 days after the 
25 Governor's declaration of a disaster, and if the sum 
26 fixed by them as just compensation be less than $1,000 
 
 
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1 and is accepted in writing by the owner, then the State 
2 Treasurer out of funds appropriated for these 
3 purposes, shall, upon certification thereof by the 
4 Emergency Management Claims Commission, cause the sum 
5 so certified forthwith to be paid to the owner. The 
6 Emergency Management Claims Commission is hereby given 
7 the power to issue appropriate subpoenas and to 
8 administer oaths to witnesses and shall keep 
9 appropriate minutes and other records of its actions 
10 upon and the disposition made of all claims.
11   b. When the compensation to be paid for the taking 
12 or use of property or interest therein is not or cannot 
13 be determined and paid under item a of this paragraph 
14 (4), a petition in the name of The People of the State 
15 of Illinois shall be promptly filed by the Director, 
16 which filing may be enforced by mandamus, in the 
17 circuit court of the county where the property or any 
18 part thereof was located when initially taken or used 
19 under the provisions of this Act praying that the 
20 amount of compensation to be paid to the person or 
21 persons interested therein be fixed and determined. 
22 The petition shall include a description of the 
23 property that has been taken, shall state the physical 
24 condition of the property when taken, shall name as 
25 defendants all interested parties, shall set forth the 
26 sum of money estimated to be just compensation for the 
 
 
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1 property or interest therein taken or used, and shall 
2 be signed by the Director. The litigation shall be 
3 handled by the Attorney General for and on behalf of 
4 the State.
5   c. Just compensation for the taking or use of 
6 property or interest therein shall be promptly 
7 ascertained in proceedings and established by judgment 
8 against the State, that shall include, as part of the 
9 just compensation so awarded, interest at the rate of 
10 6% per annum on the fair market value of the property 
11 or interest therein from the date of the taking or use 
12 to the date of the judgment; and the court may order 
13 the payment of delinquent taxes and special 
14 assessments out of the amount so awarded as just 
15 compensation and may make any other orders with 
16 respect to encumbrances, rents, insurance, and other 
17 charges, if any, as shall be just and equitable.
18  (5) When required by the exigencies of the disaster, 
19 to sell, lend, rent, give, or distribute all or any part of 
20 property so or otherwise acquired to the inhabitants of 
21 this State, or to political subdivisions of this State, 
22 or, under the interstate mutual aid agreements or compacts 
23 as are entered into under the provisions of subparagraph 
24 (5) of paragraph (c) of Section 6 to other states, and to 
25 account for and transmit to the State Treasurer all funds, 
26 if any, received therefor.
 
 
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1  (6) To recommend the evacuation of all or part of the 
2 population from any stricken or threatened area within the 
3 State if the Governor deems this action necessary.
4  (7) To prescribe routes, modes of transportation, and 
5 destinations in connection with evacuation.
6  (8) To control ingress and egress to and from a 
7 disaster area, the movement of persons within the area, 
8 and the occupancy of premises therein.
9  (9) To suspend or limit the sale, dispensing, or 
10 transportation of alcoholic beverages, firearms, 
11 explosives, and combustibles.
12  (10) To make provision for the availability and use of 
13 temporary emergency housing.
14  (11) A proclamation of a disaster shall activate the 
15 State Emergency Operations Plan, and political subdivision 
16 emergency operations plans applicable to the political 
17 subdivision or area in question and be authority for the 
18 deployment and use of any forces that the plan or plans 
19 apply and for use or distribution of any supplies, 
20 equipment, and materials and facilities assembled, 
21 stockpiled or arranged to be made available under this Act 
22 or any other provision of law relating to disasters.
23  (12) Control, restrict, and regulate by rationing, 
24 freezing, use of quotas, prohibitions on shipments, price 
25 fixing, allocation or other means, the use, sale or 
26 distribution of food, feed, fuel, clothing and other 
 
 
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1 commodities, materials, goods, or services; and perform 
2 and exercise any other functions, powers, and duties as 
3 may be necessary to promote and secure the safety and 
4 protection of the civilian population.
5  (13) During the continuance of any disaster the 
6 Governor is commander-in-chief of the organized and 
7 unorganized militia and of all other forces available for 
8 emergency duty. To the greatest extent practicable, the 
9 Governor shall delegate or assign authority to the 
10 Director to manage, coordinate, and direct all resources 
11 by orders issued at the time of the disaster.
12  (14) Prohibit increases in the prices of goods and 
13 services during a disaster.
14(Source: P.A. 102-485, eff. 8-20-21.)

15 (20 ILCS 3305/8) (from Ch. 127, par. 1058)
16 Sec. 8. Mobile Support Teams. 
17 (a) The Governor or Director may cause to be created 
18Mobile Support Teams to aid and to reinforce the Illinois 
19Emergency Management Agency, and emergency services and 
20disaster agencies in areas stricken by disaster. Each mobile 
21support team shall have a leader, selected by the Director who 
22will be responsible, under the direction and control of the 
23Director, for the organization, administration, and training, 
24and operation of the mobile support team.
25 (b) Personnel of a mobile support team while on duty 
 
 
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1pursuant to such a call or while engaged in regularly 
2scheduled training or exercises, whether within or without the 
3State, shall either: 
4  (1) If they are paid employees of the State, have the 
5 powers, duties, rights, privileges and immunities and 
6 receive the compensation incidental to their employment. 
7  (2) If they are paid employees of a political 
8 subdivision or body politic of this State, and whether 
9 serving within or without that political subdivision or 
10 body politic, have the powers, duties, rights, privileges 
11 and immunities, and receive the compensation incidental to 
12 their employment. 
13  (3) If they are not employees of the State, political 
14 subdivision or body politic, or being such employees, are 
15 not normally paid for their services, be entitled to at 
16 least one dollar per year compensation from the State.
17 Personnel of a mobile support team who suffer disease, 
18injury or death arising out of or in the course of emergency 
19duty, shall for the purposes of benefits under the Workers' 
20Compensation Act or Workers' Occupational Diseases Act only, 
21be deemed to be employees of this State. If the person 
22diseased, injured or killed is an employee described in item 
23(3) above, the computation of benefits payable under either of 
24those Acts shall be based on income commensurate with 
25comparable State employees doing the same type of work or 
26income from the person's regular employment, whichever is 
 
 
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1greater.
2 All personnel of mobile support teams shall, while on duty 
3under such call, be reimbursed by this State for all actual and 
4necessary travel and subsistence expenses.
5 (c) The State shall reimburse each political subdivision 
6or body politic from the Disaster Response and Recovery Fund 
7for the compensation paid and the actual and necessary travel, 
8subsistence and maintenance expenses of paid employees of the 
9political subdivision or body politic while serving, outside 
10of its geographic geographical boundaries pursuant to such a 
11call, as members of a mobile support team, and for all payments 
12made for death, disease or injury of those paid employees 
13arising out of and incurred in the course of that duty, and for 
14all losses of or damage to supplies and equipment of the 
15political subdivision or body politic resulting from the 
16operations.
17 (d) Whenever mobile support teams or units of another 
18state, while the Governor has the emergency powers provided 
19for under Section 7 of this Act, render aid to this State under 
20the orders of the Governor of its home state and upon the 
21request of the Governor of this State, all questions relating 
22to reimbursement by this State to the other state and its 
23citizens in regard to the assistance so rendered shall be 
24determined by the mutual aid agreements or interstate compacts 
25described in subparagraph (5) of paragraph (c) of Section 6 as 
26are existing at the time of the assistance rendered or are 
 
 
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1entered into thereafter and under Section 303 (d) of the 
2Federal Civil Defense Act of 1950.
3 (e) No personnel of mobile support teams of this State may 
4be ordered by the Governor to operate in any other state unless 
5a request for the same has been made by the Governor or duly 
6authorized representative of the other state.
7(Source: P.A. 98-465, eff. 8-16-13.)

8 (20 ILCS 3305/10) (from Ch. 127, par. 1060)
9 Sec. 10. Emergency Services and Disaster Agencies. 
10 (a) Each political subdivision within this State shall be 
11within the jurisdiction of and served by the Illinois 
12Emergency Management Agency and by an emergency services and 
13disaster agency responsible for emergency management programs. 
14A township, if the township is in a county having a population 
15of more than 2,000,000, must have approval of the county 
16coordinator before establishment of a township emergency 
17services and disaster agency.
18 (b) Unless multiple county emergency services and disaster 
19agency consolidation is authorized by the Illinois Emergency 
20Management Agency with the consent of the respective counties, 
21each county shall maintain an emergency services and disaster 
22agency that has jurisdiction over and serves the entire 
23county, except as otherwise provided under this Act and except 
24that in any county with a population of over 3,000,000 
25containing a municipality with a population of over 500,000 
 
 
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1the jurisdiction of the county agency shall not extend to the 
2municipality when the municipality has established its own 
3agency.
4 (c) Each municipality with a population of over 500,000 
5shall maintain an emergency services and disaster agency which 
6has jurisdiction over and serves the entire municipality. A 
7municipality with a population less than 500,000 may 
8establish, by ordinance, an agency or department responsible 
9for emergency management within the municipality's corporate 
10limits.
11 (d) The Governor shall determine which municipal 
12corporations, other than those specified in paragraph (c) of 
13this Section, need emergency services and disaster agencies of 
14their own and require that they be established and maintained. 
15The Governor shall make these determinations on the basis of 
16the municipality's disaster vulnerability and capability of 
17response related to population size and concentration. The 
18emergency services and disaster agency of a county or 
19township, shall not have a jurisdiction within a political 
20subdivision having its own emergency services and disaster 
21agency, but shall cooperate with the emergency services and 
22disaster agency of a city, village or incorporated town within 
23their borders. The Illinois Emergency Management Agency shall 
24publish and furnish a current list to the municipalities 
25required to have an emergency services and disaster agency 
26under this subsection.
 
 
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1 (e) Each municipality that is not required to and does not 
2have an emergency services and disaster agency shall have a 
3liaison officer designated to facilitate the cooperation and 
4protection of that municipal corporation with the county 
5emergency services and disaster agency in which it is located 
6in the work of disaster mitigation, preparedness, response, 
7and recovery.
8 (f) The principal executive officer or his or her designee 
9of each political subdivision in the State shall annually 
10notify the Illinois Emergency Management Agency of the manner 
11in which the political subdivision is providing or securing 
12emergency management, identify the executive head of the 
13agency or the department from which the service is obtained, 
14or the liaison officer in accordance with subsection (e), 
15paragraph (d) of this Section and furnish additional 
16information relating thereto as the Illinois Emergency 
17Management Agency requires.
18 (g) Each emergency services and disaster agency shall 
19prepare an emergency operations plan for its geographic 
20boundaries that complies with planning, review, and approval 
21standards promulgated by the Illinois Emergency Management 
22Agency. The Illinois Emergency Management Agency shall 
23determine which jurisdictions will be required to include 
24earthquake preparedness in their local emergency operations 
25plans.
26 (h) The emergency services and disaster agency shall 
 
 
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1prepare and distribute to all appropriate officials in written 
2form a clear and complete statement of the emergency 
3responsibilities of all local departments and officials and of 
4the disaster chain of command.
5 (i) Each emergency services and disaster agency shall have 
6a Coordinator who shall be appointed by the principal 
7executive officer of the political subdivision in the same 
8manner as are the heads of regular governmental departments. 
9If the political subdivision is a county and the principal 
10executive officer appoints the sheriff as the Coordinator, the 
11sheriff may, in addition to his or her regular compensation, 
12receive compensation at the same level as provided in Article 
133 of the Counties Code Section 3 of "An Act in relation to the 
14regulation of motor vehicle traffic and the promotion of 
15safety on public highways in counties", approved August 9, 
161951, as amended. The Coordinator shall have direct 
17responsibility for the organization, administration, training, 
18and operation of the emergency services and disaster agency, 
19subject to the direction and control of that principal 
20executive officer. Each emergency services and disaster agency 
21shall coordinate and may perform emergency management 
22functions within the territorial limits of the political 
23subdivision within which it is organized as are prescribed in 
24and by the State Emergency Operations Plan, and programs, 
25orders, rules and regulations as may be promulgated by the 
26Illinois Emergency Management Agency and by local ordinance 
 
 
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1and, in addition, shall conduct such functions outside of 
2those territorial limits as may be required under mutual aid 
3agreements and compacts as are entered into under subparagraph 
4(5) of paragraph (c) of Section 6.
5 (j) In carrying out the provisions of this Act, each 
6political subdivision may enter into contracts and incur 
7obligations necessary to place it in a position effectively to 
8combat the disasters as are described in Section 4, to protect 
9the health and safety of persons, to protect property, and to 
10provide emergency assistance to victims of those disasters. If 
11a disaster occurs, each political subdivision may exercise the 
12powers vested under this Section in the light of the 
13exigencies of the disaster and, excepting mandatory 
14constitutional requirements, without regard to the procedures 
15and formalities normally prescribed by law pertaining to the 
16performance of public work, entering into contracts, the 
17incurring of obligations, the employment of temporary workers, 
18the rental of equipment, the purchase of supplies and 
19materials, and the appropriation, expenditure, and disposition 
20of public funds and property.
21 (k) Volunteers who, while engaged in a disaster, an 
22exercise, training related to the emergency operations plan of 
23the political subdivision, or a search-and-rescue team 
24response to an occurrence or threat of injury or loss of life 
25that is beyond local response capabilities, suffer disease, 
26injury or death, shall, for the purposes of benefits under the 
 
 
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1Workers' Compensation Act or Workers' Occupational Diseases 
2Act only, be deemed to be employees of the State, if: (1) the 
3claimant is a duly qualified and enrolled (sworn in) as a 
4volunteer of the Illinois Emergency Management Agency or an 
5emergency services and disaster agency accredited by the 
6Illinois Emergency Management Agency, and (2) if: (i) the 
7claimant was participating in a disaster as defined in Section 
84 of this Act, (ii) the exercise or training participated in 
9was specifically and expressly approved by the Illinois 
10Emergency Management Agency prior to the exercise or training, 
11or (iii) the search-and-rescue team response was to an 
12occurrence or threat of injury or loss of life that was beyond 
13local response capabilities and was specifically and expressly 
14approved by the Illinois Emergency Management Agency prior to 
15the search-and-rescue team response. The computation of 
16benefits payable under either of those Acts shall be based on 
17the income commensurate with comparable State employees doing 
18the same type work or income from the person's regular 
19employment, whichever is greater.
20 Volunteers who are working under the direction of an 
21emergency services and disaster agency accredited by the 
22Illinois Emergency Management Agency, pursuant to a plan 
23approved by the Illinois Emergency Management Agency (i) 
24during a disaster declared by the Governor under Section 7 of 
25this Act, or (ii) in circumstances otherwise expressly 
26approved by the Illinois Emergency Management Agency, shall be 
 
 
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1deemed exclusively employees of the State for purposes of 
2Section 8(d) of the Court of Claims Act, provided that the 
3Illinois Emergency Management Agency may, in coordination with 
4the emergency services and disaster agency, audit 
5implementation for compliance with the plan. 
6 (l) If any person who is entitled to receive benefits 
7through the application of this Section receives, in 
8connection with the disease, injury or death giving rise to 
9such entitlement, benefits under an Act of Congress or federal 
10program, benefits payable under this Section shall be reduced 
11to the extent of the benefits received under that other Act or 
12program. 
13 (m) (1) Prior to conducting an exercise, the principal 
14 executive officer of a political subdivision or his or her 
15 designee shall provide area media with written 
16 notification of the exercise. The notification shall 
17 indicate that information relating to the exercise shall 
18 not be released to the public until the commencement of 
19 the exercise. The notification shall also contain a 
20 request that the notice be so posted to ensure that all 
21 relevant media personnel are advised of the exercise 
22 before it begins. 
23  (2) During the conduct of an exercise, all messages, 
24 two-way radio communications, briefings, status reports, 
25 news releases, and other oral or written communications 
26 shall begin and end with the following statement: "This is 
 
 
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1 an exercise message".
2(Source: P.A. 94-733, eff. 4-27-06.)

3 (20 ILCS 3305/12) (from Ch. 127, par. 1062)
4 Sec. 12. Testing of Disaster Warning Devices. The testing 
5of disaster warning devices including outdoor warning sirens 
6shall be held only on the first Tuesday of each month at 10 
7o'clock in the morning or during exercises that are 
8specifically and expressly approved in advance by the Illinois 
9Emergency Management Agency.
10(Source: P.A. 92-73, eff. 1-1-02.)

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

7 (20 ILCS 3305/18) (from Ch. 127, par. 1068)
8 Sec. 18. Orders, Rules and Regulations. 
9 (a) The Governor shall file a copy of every rule, 
10regulation or order, and any amendment thereof made by the 
11Governor under the provisions of this Act in the office of the 
12Secretary of State. Upon No rule, regulation or order, or any 
13amendment thereof shall be effective until 10 days after the 
14filing, provided, however, that upon the declaration of a 
15disaster by the Governor as is described in Section 7 the 
16provision relating to the effective date of any rule, 
17regulation, order or amendment issued under this Act and 
18during the state of disaster is abrogated, and the rule, 
19regulation, order or amendment shall become effective 
20immediately upon being filed with the Secretary of State 
21accompanied by a certificate stating the reason as required by 
22the Illinois Administrative Procedure Act.
23 (b) Every emergency services and disaster agency 
24established pursuant to this Act and the coordinators thereof 
25shall execute and enforce the orders, rules and regulations as 
 
 
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1may be made by the Governor under authority of this Act. Each 
2emergency services and disaster agency shall have available 
3for inspection at its office all orders, rules and regulations 
4made by the Governor, or under the Governor's authority. The 
5Illinois Emergency Management Agency shall publish furnish on 
6the Agency's Department's website the orders, rules and 
7regulations to each such emergency services and disaster 
8agency. Upon the written request of an emergency services and 
9or disaster agency, copies thereof shall be mailed to the 
10emergency services and or disaster agency. 
11(Source: P.A. 98-44, eff. 6-28-13.)

12 (20 ILCS 3305/20) (from Ch. 127, par. 1070)
13 Sec. 20. Oath Emergency Management Agency; personnel; 
14oath. Each person, whether compensated or noncompensated, who 
15is appointed to serve in any capacity in the Illinois 
16Emergency Management Agency and Office of Homeland Security or 
17an emergency services and disaster agency, shall, before 
18entering upon his or her duties, take an oath, in writing, 
19before the Director or before the coordinator of that 
20emergency services and disaster agency or before other persons 
21authorized to administer oaths in this State, which oath shall 
22be filed with the Director or with the coordinator of the 
23emergency services and disaster agency with which he or she 
24shall serve and which oath shall be substantially as follows:
25 "I, _______________, do solemnly swear (or affirm) that I 
 
 
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1will support and defend and bear true faith and allegiance to 
2the Constitution of the United States and the Constitution of 
3the State of Illinois, and the territory, institutions and 
4facilities thereof, both public and private, against all 
5enemies, foreign and domestic; that I take this obligation 
6freely, without any mental reservation or purpose of evasion; 
7and that I will well and faithfully discharge the duties upon 
8which I am about to enter. And I do further swear (or affirm) 
9that I do not advocate, nor am I, nor have I been a member of 
10any political party or organization that advocates the 
11overthrow of the government of the United States or of this 
12State by force or violence; and that during such time as I am 
13affiliated with the (name of political subdivision), I will 
14not advocate nor become a member of any political party or 
15organization that advocates the overthrow of the government of 
16the United States or of this State by force or violence."
17(Source: P.A. 92-73, eff. 1-1-02.)

18 (20 ILCS 3305/23)
19 (Section scheduled to be repealed on January 1, 2032)
20 Sec. 23. Access and Functional Needs Advisory Committee.
21 (a) In this Section, "Advisory Committee" means the Access 
22and Functional Needs Advisory Committee.
23 (b) The Access and Functional Needs Advisory Committee is 
24created.
25 (c) The Advisory Committee shall:
 
 
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1  (1) Coordinate meetings occurring, at a minimum, 3 
2 times each year, in addition to emergency meetings called 
3 by the chairperson of the Advisory Committee.
4  (2) Research and provide recommendations for 
5 identifying and effectively responding to the needs of 
6 persons with access and functional needs before, during, 
7 and after a disaster using an intersectional lens for 
8 equity.
9  (3) Provide recommendations to the Illinois Emergency 
10 Management Agency regarding how to ensure that persons 
11 with a disability are included in disaster strategies and 
12 emergency management plans, including updates and 
13 implementation of disaster strategies and emergency 
14 management plans.
15  (4) Review and provide recommendations for the 
16 Illinois Emergency Management Agency, and all relevant 
17 State agencies that are involved in drafting and 
18 implementing the Illinois Emergency Operation Plan, to 
19 integrate access and functional needs into State and local 
20 emergency plans.
21 (d) The Advisory Committee shall be composed of the 
22Director of the Illinois Emergency Management Agency or his or 
23her designee, the Attorney General or his or her designee, the 
24Secretary of Human Services or his or her designee, the 
25Director of Aging or his or her designee, and the Director of 
26Public Health or his or her designee, together with the 
 
 
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1following members appointed by the Governor on or before 
2January 1, 2022:
3  (1) Two members, either from a municipal or 
4 county-level emergency agency or a local emergency 
5 management coordinator.
6  (2) Nine members from the community of persons with a 
7 disability who represent persons with different types of 
8 disabilities, including, but not limited to, individuals 
9 with mobility and physical disabilities, hearing and 
10 visual disabilities, deafness or who are hard of hearing, 
11 blindness or who have low vision, mental health 
12 disabilities, and intellectual or developmental 
13 disabilities. Members appointed under this paragraph shall 
14 reflect a diversity of age, gender, race, and ethnic 
15 background.
16  (3) Four members who represent first responders from 
17 different geographic geographical regions around the 
18 State.
19 (e) Of those members appointed by the Governor, the 
20initial appointments of 6 members shall be for terms of 2 years 
21and the initial appointments of 5 members shall be for terms of 
224 years. Thereafter, members shall be appointed for terms of 4 
23years. A member shall serve until his or her successor is 
24appointed and qualified. If a vacancy occurs in the Advisory 
25Committee membership, the vacancy shall be filled in the same 
26manner as the original appointment for the remainder of the 
 
 
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1unexpired term. 
2 (f) After all the members are appointed, and annually 
3thereafter, they shall elect a chairperson from among the 
4members appointed under paragraph (2) of subsection (d).
5 (g) The initial meeting of the Advisory Committee shall be 
6convened by the Director of the Illinois Emergency Management 
7Agency no later than February 1, 2022.
8 (h) Advisory Committee members shall serve without 
9compensation.
10 (i) The Illinois Emergency Management Agency shall provide 
11administrative support to the Advisory Committee.
12 (j) The Advisory Committee shall prepare and deliver a 
13report to the General Assembly, the Governor's Office, and the 
14Illinois Emergency Management Agency by July 1, 2022, and 
15annually thereafter. The report shall include the following:
16  (1) Identification of core emergency management 
17 services that need to be updated or changed to ensure the 
18 needs of persons with a disability are met, and shall 
19 include disaster strategies in State and local emergency 
20 plans.
21  (2) Any proposed changes in State policies, laws, 
22 rules, or regulations necessary to fulfill the purposes of 
23 this Act.
24  (3) Recommendations on improving the accessibility and 
25 effectiveness of disaster and emergency communication.
26  (4) Recommendations on comprehensive training for 
 
 
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1 first responders and other frontline workers when working 
2 with persons with a disability during emergency situations 
3 or disasters, as defined in Section 4 of the Illinois 
4 Emergency Management Agency Act.
5  (5) Any additional recommendations regarding emergency 
6 management and persons with a disability that the Advisory 
7 Committee deems necessary.
8 (k) The annual report prepared and delivered under 
9subsection (j) shall be annually considered by the Illinois 
10Emergency Management Agency when developing new State and 
11local emergency plans or updating existing State and local 
12emergency plans.
13 (l) The Advisory Committee is dissolved and this Section 
14is repealed on January 1, 2032.
15(Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21; 
16103-154, eff. 6-30-23.)

17 (20 ILCS 3305/24 new)
18 Sec. 24. Illinois Homeland Security Advisory Council 
19(IL-HSAC).
20 (a) The Illinois Homeland Security Advisory Council 
21(IL-HSAC) is hereby created.
22 (b) The IL-HSAC shall report directly to the Homeland 
23Security Advisor, who shall serve as the Chairperson.
24 (c) The Deputy Homeland Security Advisor shall serve as 
25Vice-Chair.
 
 
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1 (d) The Homeland Security Advisor may appoint a Chair Pro 
2Tempore to oversee the daily operations and administrative 
3responsibilities of the IL-HSAC.
4 (e) The Homeland Security Advisor shall, with approval of 
5the Governor, modify the structure of the IL-HSAC as 
6appropriate and consistent with this Section.
7 (f) The IL-HSAC shall submit an annual report to the 
8Governor by March 1 of each year. The report shall detail the 
9activities, accomplishments, and recommendations of the 
10IL-HSAC in the preceding year.
11 (g) The Agency shall provide administrative support for 
12the IL-HSAC.
13 (h) Entities may be appointed to IL-HSAC with nomination 
14by the Homeland Security Advisor and approval by the Governor.
15 (i) The IL-HSAC shall have the following powers and 
16duties:
17  (1) The IL-HSAC shall serve as the State Advisory 
18 Committee with respect to funds received through the 
19 federal Homeland Security Grant Program. In that capacity, 
20 the IL-HSAC shall provide recommendations to the Homeland 
21 Security Advisor on issues related to the application for 
22 and use of all appropriate federal funding that relates to 
23 preventing, protecting against, mitigating, responding to 
24 and recovering from acts of terrorism and other threats.
25  (2) The IL-HSAC shall provide recommendations to the 
26 Homeland Security Advisor on the following:
 
 
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1   (A) appropriate training of local, regional, and 
2 state officials to respond to terrorist incidents 
3 involving conventional, chemical, biological and 
4 nuclear weapons;
5   (B) applications for and use of all appropriate 
6 State and other funds as may be appropriate and 
7 available relating to homeland security;
8   (C) public safety preparedness and mutual aid to 
9 include strategies and tactics to coordinate 
10 multi-agency response to significant events, such as 
11 acts of terrorism or natural disasters, where 
12 coordination of local, State, and private resources is 
13 necessary;
14   (D) coordination of public safety resources and 
15 combating terrorism in Illinois; and
16   (E) any changes needed in State statutes, 
17 administrative rules, or in the Illinois Emergency 
18 Operations Plan.

19 (20 ILCS 3305/25 new)
20 Sec. 25. Statewide Interoperability Coordinator.
21 (a) The Statewide Interoperability Coordinator is hereby 
22created as a position within the Agency's Office of Homeland 
23Security.
24 (b) The duties and responsibilities of the Statewide 
25Interoperability Coordinator shall be as follows:
 
 
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1  (1) The Statewide Interoperability Coordinator shall 
2 serve as the central coordination point for the State's 
3 communications interoperability and shall assist with 
4 mediation between State and local agencies to achieve an 
5 interoperable communications system.
6  (2) The Statewide Interoperability Coordinator shall 
7 develop and disseminate best practices for public safety 
8 communications interoperability.
9  (3) The Statewide Interoperability Coordinator shall 
10 advise the Homeland Security Advisor and Deputy Director 
11 of the Agency's Office of Homeland Security on public 
12 safety communications interoperability.
13  (4) The Statewide Interoperability Coordinator shall 
14 serve as a member of the Statewide Interoperability 
15 Executive Committee or its successor entity and may act on 
16 behalf of the Statewide Interoperability Executive 
17 Committee.
18  (5) The Statewide Interoperability Coordinator shall 
19 recommend regulatory changes relating to public safety 
20 communications and interoperability activities in 
21 partnership with 9-1-1 administrator, operators of 
22 statewide radio systems, emergency management 
23 coordinators, and relevant State agencies
 .
24  (6) The Statewide Interoperability Coordinator shall 
25 identify funding opportunities for planned 
26 interoperability improvements and coordinate efforts to 
 
 
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