HB 5206

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Full Text of HB5206
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	HB5206 - 104th General Assembly
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			House Amendment 001
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		House Amendment 001
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		HB5206 Engrossed		LRB104 18338 BDA 31778 b
1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Civil Administrative Code of Illinois is
5amended by changing Sections 5-15, 5-20, and 5-160 as follows:
6    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
7    Sec. 5-15. Departments of State government. The
8Departments of State government are created as follows:
9        The Department on Aging.
10        The Department of Agriculture.
11        The Department of Central Management Services.
12        The Department of Children and Family Services.
13        The Department of Commerce and Economic Opportunity.
14        The Department of Corrections.
15        The Department of Early Childhood.
16        The Department of Employment Security.
17        The Illinois Emergency Management Agency and Office of 
18    Homeland Security.
19        The Department of Financial and Professional
20    Regulation.
21        The Department of Healthcare and Family Services.
22        The Department of Human Rights.
23        The Department of Human Services.
		HB5206 Engrossed	- 2 -	LRB104 18338 BDA 31778 b
1        The Department of Innovation and Technology.
2        The Department of Insurance.
3        The Department of Juvenile Justice.
4        The Department of Labor.
5        The Department of the Lottery.
6        The Department of Natural Resources.
7        The Department of Public Health.
8        The Department of Revenue.
9        The Illinois State Police.
10        The Department of Transportation.
11        The Department of Veterans Affairs.
12(Source: P.A. 103-594, eff. 6-25-24; 104-234, eff. 8-15-25.)
13    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)
14    Sec. 5-20. Heads of departments. Each department shall
15have an officer as its head who shall be known as director or
16secretary and who shall, subject to the provisions of the
17Civil Administrative Code of Illinois, execute the powers and
18discharge the duties vested by law in his or her respective
19department.
20    The following officers are hereby created:
21        Director of Aging, for the Department on Aging.
22        Director of Agriculture, for the Department of
23    Agriculture.
24        Director of Central Management Services, for the
25    Department of Central Management Services.
		HB5206 Engrossed	- 3 -	LRB104 18338 BDA 31778 b
1        Director of Children and Family Services, for the
2    Department of Children and Family Services.
3        Director of Commerce and Economic Opportunity, for the
4    Department of Commerce and Economic Opportunity.
5        Director of Corrections, for the Department of
6    Corrections.
7        Director of the Illinois Emergency Management Agency
8    and Office of Homeland Security, for the Illinois
9    Emergency Management Agency and Office of Homeland 
10    Security.
11        Secretary of Early Childhood, for the Department of
12    Early Childhood.
13        Director of Employment Security, for the Department of
14    Employment Security.
15        Secretary of Financial and Professional Regulation,
16    for the Department of Financial and Professional
17    Regulation.
18        Director of Healthcare and Family Services, for the
19    Department of Healthcare and Family Services.
20        Director of Human Rights, for the Department of Human
21    Rights.
22        Secretary of Human Services, for the Department of
23    Human Services.
24        Secretary of Innovation and Technology, for the
25    Department of Innovation and Technology.
26        Director of Insurance, for the Department of
		HB5206 Engrossed	- 4 -	LRB104 18338 BDA 31778 b
1    Insurance.
2        Director of Juvenile Justice, for the Department of
3    Juvenile Justice.
4        Director of Labor, for the Department of Labor.
5        Director of the Lottery, for the Department of the
6    Lottery.
7        Director of Natural Resources, for the Department of
8    Natural Resources.
9        Director of Public Health, for the Department of
10    Public Health.
11        Director of Revenue, for the Department of Revenue.
12        Director of the Illinois State Police, for the
13    Illinois State Police.
14        Secretary of Transportation, for the Department of
15    Transportation.
16        Director of Veterans Affairs, for the Department of
17    Veterans Affairs.
18(Source: P.A. 103-594, eff. 6-25-24; 104-234, eff. 8-15-25.)
19    (20 ILCS 5/5-160)  (was 20 ILCS 5/5.13h)
20    Sec. 5-160. In the Illinois Emergency Management Agency
21and Office of Homeland Security. Assistant Director of the
22Illinois Emergency Management Agency and Office of Homeland 
23Security.
24(Source: P.A. 93-1029, eff. 8-25-04.)
		HB5206 Engrossed	- 5 -	LRB104 18338 BDA 31778 b
1    Section 10. The Illinois Emergency Management Agency Act
2is amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 8, 10, 12,
314, 18, 20, and 23 and by adding Section 5.5 as follows:
4    (20 ILCS 3305/1)  (from Ch. 127, par. 1051)
5    Sec. 1. Short Title. This Act may be cited as the Illinois
6Emergency Management and Homeland Security [Agency] Act.
7(Source: P.A. 87-168.)
8    (20 ILCS 3305/2)  (from Ch. 127, par. 1052)
9    Sec. 2. Policy and Purposes.
10    (a) Because of the possibility of the occurrence of
11disasters of unprecedented size and destructiveness resulting
12from the explosion in this or in neighboring states of atomic
13or other means from without or by means of sabotage or other
14disloyal actions within, or from fire, flood, earthquake,
15telecommunications failure, or other natural or technological
16causes, and in order to insure that this State will be prepared
17to and will adequately deal with any disasters, preserve the
18lives and property of the people of this State and protect the
19public peace, health, and safety in the event of a disaster, it
20is found and declared to be necessary:
21        (1) To create a State emergency management and 
22    homeland security agency [an Illinois Emergency Management ]
23    [Agency] and to authorize emergency management programs
24    within the political subdivisions of the State.
		HB5206 Engrossed	- 6 -	LRB104 18338 BDA 31778 b
1        (2) To confer upon the Governor and upon the principal
2    executive officer of the political subdivisions of the
3    State the powers provided herein.
4        (3) To provide for the rendering of mutual aid among
5    the political subdivisions and taxing districts of the
6    State and with other states and with respect to the
7    carrying out of [an] emergency management and homeland 
8    security programs [program].
9    (b) It is further declared to be the purpose of this Act
10and the policy of the State that all emergency management and 
11homeland security programs of this State be coordinated to the
12maximum extent with the comparable programs of the federal
13government, including its various departments and agencies, of
14other states and localities and private agencies of every
15type, to the end that the most effective preparation and use
16may be made of the nation's resources and facilities for
17dealing with any disaster that may occur.
18(Source: P.A. 87-168; 88-606, eff. 1-1-95.)
19    (20 ILCS 3305/3)  (from Ch. 127, par. 1053)
20    Sec. 3. Limitations. Nothing in this Act shall be
21construed to:
22    (a) Interfere with the course or conduct of a labor
23dispute, except that actions otherwise authorized by this Act
24or other laws may be taken when necessary to mitigate imminent
25or existing danger to public health or safety;
		HB5206 Engrossed	- 7 -	LRB104 18338 BDA 31778 b
1    (b) Interfere with dissemination of news or comment of
2public affairs; but any communications facility or
3organization (including but not limited to radio and
4television stations, wire services, and newspapers) may be
5requested to transmit or print public service messages
6furnishing information or instructions in connection with a
7disaster;
8    (c) Affect the jurisdiction or responsibilities of police
9forces, fire fighting forces, units of the armed forces of the
10United States, or of any personnel thereof, when on active
11duty; but State and political subdivision emergency operations
12plans shall place reliance upon the forces available for
13performance of functions related to emergency management and 
14homeland security;
15    (d) Limit, modify, or abridge the authority of the
16Governor to proclaim martial law or exercise any other powers
17vested in the Governor under the constitution, statutes, or
18common law of this State, independent of or in conjunction
19with any provisions of this Act; limit any home rule unit; or
20prohibit any contract or association pursuant to Article VII,
21Section 10 of the Illinois Constitution.
22(Source: P.A. 92-73, eff. 1-1-02.)
23    (20 ILCS 3305/4)  (from Ch. 127, par. 1054)
24    Sec. 4. Definitions. As used in this Act, unless the
25context clearly indicates otherwise, the following words and
		HB5206 Engrossed	- 8 -	LRB104 18338 BDA 31778 b
1terms have the meanings ascribed to them in this Section:
2    "Coordinator" means the staff assistant to the principal
3executive officer of a political subdivision with the duty of
4coordinating the emergency management programs of that
5political subdivision.
6    "Cyber incident" means an event occurring on or conducted
7through a computer network that actually or imminently
8jeopardizes the integrity, confidentiality, or availability of
9computers, information or communications systems or networks,
10physical or virtual infrastructure controlled by computers or
11information systems, or information resident thereon that
12affect or control infrastructure or communications networks
13utilized by the public. "Cyber incident" includes a
14vulnerability in information systems, system security
15procedures, internal controls, or implementations that could
16be exploited by a threat source that affect or control
17infrastructure or communications networks utilized by the
18public.
19    "Disaster" means an occurrence or threat of widespread or
20severe damage, injury or loss of life or property resulting
21from any natural, technological, or human cause, including but
22not limited to fire, flood, earthquake, wind, storm, hazardous
23materials spill or other water contamination requiring
24emergency action to avert danger or damage, epidemic, air
25contamination, blight, extended periods of severe and
26inclement weather, drought, infestation, critical shortages of
		HB5206 Engrossed	- 9 -	LRB104 18338 BDA 31778 b
1essential fuels and energy, explosion, riot, hostile military
2or paramilitary action, public health emergencies, cyber
3incidents, or acts of domestic terrorism.
4    "Emergency Management" means the efforts of the State and
5the political subdivisions to develop, plan, analyze, conduct,
6provide, implement and maintain programs for disaster
7mitigation, preparedness, response and recovery.
8    "Emergency Services and Disaster Agency" means the agency
9by this name, by the name Emergency Management Agency, or by
10any other name that is established by ordinance within a
11political subdivision to coordinate the emergency management
12program within that political subdivision and with private
13organizations, other political subdivisions, the State and
14federal governments.
15    "Emergency Operations Plan" means the written plan of the
16State and political subdivisions describing the organization,
17mission, and functions of the government and supporting
18services for responding to and recovering from disasters and
19shall include plans that take into account the needs of those
20individuals with household pets and service animals following
21a major disaster or emergency.
22    "Emergency Services" means the coordination of functions
23by the State and its political subdivisions [subdivision], other
24than functions for which military forces are primarily
25responsible, as may be necessary or proper to prevent,
26minimize, repair, and alleviate injury and damage resulting
		HB5206 Engrossed	- 10 -	LRB104 18338 BDA 31778 b
1from any natural or technological causes. These functions
2include, without limitation, fire fighting services, police
3services, emergency aviation services, medical and health
4services, HazMat and technical rescue teams, rescue,
5engineering, warning services, communications, radiological,
6chemical and other special weapons defense, evacuation of
7persons from stricken or threatened areas, emergency assigned
8functions of plant protection, temporary restoration of public
9utility services and other functions related to civilian
10protection, together with all other activities necessary or
11incidental to protecting life or property.
12    "Exercise" means an event or activity delivered through 
13discussion or action to develop, assess, or validate 
14capabilities to achieve planned objectives [a planned event ]
15[realistically simulating a disaster, conducted for the purpose ]
16[of evaluating the political subdivision's coordinated ]
17[emergency management capabilities, including, but not limited ]
18[to, testing the emergency operations plan].
19    "HazMat team" means a career or volunteer mobile support
20team that has been authorized by a unit of local government to
21respond to hazardous materials emergencies and that is
22primarily designed for emergency response to chemical or
23biological terrorism, radiological emergencies, hazardous
24material spills, releases, or fires, or other contamination
25events.
26    "Illinois Emergency Management Agency and Office of 
		HB5206 Engrossed	- 11 -	LRB104 18338 BDA 31778 b
1Homeland Security" or "Agency" means the agency established by
2this Act within the executive branch of State Government
3responsible for coordination of the overall emergency
4management and homeland security programs [program] of the State
5and with private organizations, political subdivisions, and
6the federal government. Illinois Emergency Management Agency
7and Office of Homeland Security also means the State Emergency
8Response Commission responsible for the implementation of
9Title III of the Superfund Amendments and Reauthorization Act
10of 1986.
11    "Incident" means a disaster that does not rise to the
12level of a Governor-issued proclamation.
13    "Mobile Support Team" or "MST" means a group of
14individuals designated as a team by the Governor or Director
15to train prior to and to be activated, if the Governor or the
16Director so determines, to aid and reinforce the State and
17political subdivision emergency management efforts in response
18to an incident, disaster, federally declared national special
19security event, or other large public event.
20    "Municipality" means any city, village, and incorporated
21town.
22    "Political Subdivision" means any county, city, village,
23or incorporated town or township if the township is in a county
24having a population of more than 2,000,000.
25    "Principal Executive Officer" means chair of the county
26board, supervisor of a township if the township is in a county
		HB5206 Engrossed	- 12 -	LRB104 18338 BDA 31778 b
1having a population of more than 2,000,000, mayor of a city or
2incorporated town, president of a village, or in their absence
3or disability, the interim successor as established under
4Section 7 of the Emergency Interim Executive Succession Act.
5    "Public health emergency" means an occurrence or imminent
6threat of an illness or health condition that:
7        (a) is believed to be caused by any of the following:
8            (i) bioterrorism;
9            (ii) the appearance of a novel or previously
10        controlled or eradicated infectious agent or
11        biological toxin;
12            (iii) a natural disaster;
13            (iv) a chemical attack or accidental release; or
14            (v) a nuclear attack or accident; and
15        (b) poses a high probability of any of the following
16    harms:
17            (i) a large number of deaths in the affected
18        population;
19            (ii) a large number of serious or long-term
20        disabilities in the affected population; or
21            (iii) widespread exposure to an infectious or
22        toxic agent that poses a significant risk of
23        substantial future harm to a large number of people in
24        the affected population.
25    "Statewide mutual aid organization" means an entity with
26local government members throughout the State that facilitates
		HB5206 Engrossed	- 13 -	LRB104 18338 BDA 31778 b
1temporary assistance through its members in a particular
2public safety discipline, such as police, fire or emergency
3management, when an occurrence exceeds a member jurisdiction's
4capabilities.
5    "Statewide Interoperability Coordinator" or "SWIC" means 
6the position created in the Agency under Section 5.5 of this 
7Act.
8    "Technical rescue team" means a career or volunteer mobile
9support team that has been authorized by a unit of local
10government to respond to building collapse, high angle rescue,
11and other specialized rescue emergencies and that is primarily
12designated for emergency response to technical rescue events.
13(Source: P.A. 104-418, eff. 1-1-26.)
14    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
15    Sec. 5. Illinois Emergency Management Agency and Office of 
16Homeland Security.
17    (a) There is created within the executive branch of the
18State Government an Illinois Emergency Management Agency and 
19Office of Homeland Security and a Director of the Illinois
20Emergency Management Agency and Office of Homeland Security,
21herein called the "Director" who shall be the head thereof.
22The Director shall be appointed by the Governor, with the
23advice and consent of the Senate, and shall serve for a term of
242 years beginning on the third Monday in January of the
25odd-numbered year, and until a successor is appointed and has
		HB5206 Engrossed	- 14 -	LRB104 18338 BDA 31778 b
1qualified[; except that the term of the first Director ]
2[appointed under this Act shall expire on the third Monday in ]
3[January, 1989]. The Director shall not hold any other
4remunerative public office. [For terms beginning after January ]
5[18, 2019 (the effective date of Public Act 100-1179) and ]
6[before January 16, 2023, the annual salary of the Director ]
7[shall be as provided in Section 5-300 of the Civil ]
8[Administrative Code of Illinois.] Notwithstanding any other
9provision of law, for terms beginning on or after January 16,
102023, the Director shall receive an annual salary of $180,000
11or as set by the Governor, whichever is higher. On July 1,
122023, and on each July 1 thereafter, the Director shall
13receive an increase in salary based on a cost of living
14adjustment as authorized by Senate Joint Resolution 192 of the
1586th General Assembly.
16    For terms beginning on or after January 16, 2023, the
17Assistant Director of the [Illinois Emergency Management] Agency
18shall receive an annual salary of $156,600 or as set by the
19Governor, whichever is higher. On July 1, 2023, and on each
20July 1 thereafter, the Assistant Director shall receive an
21increase in salary based on a cost of living adjustment as
22authorized by Senate Joint Resolution 192 of the 86th General
23Assembly.
24    (b) The [Illinois Emergency Management] Agency shall obtain,
25under the provisions of the Personnel Code, technical,
26clerical, stenographic and other administrative personnel, and
		HB5206 Engrossed	- 15 -	LRB104 18338 BDA 31778 b
1may make expenditures within the appropriation therefor as may
2be necessary to carry out the purpose of this Act. [The agency ]
3[created by this Act is intended to be a successor to the agency ]
4[created under the Illinois Emergency Services and Disaster ]
5[Agency Act of 1975 and the personnel, equipment, records, and ]
6[appropriations of that agency are transferred to the successor ]
7[agency as of June 30, 1988 (the effective date of this Act).]
8    (c) The Director, subject to the direction and control of
9the Governor, shall be the executive head of the [Illinois ]
10[Emergency Management] Agency and the State Emergency Response
11Commission and shall be responsible under the direction of the
12Governor, for carrying out the programs [program] for emergency
13management, nuclear and radiation safety, and homeland 
14security of this State. The Director shall also maintain
15liaison and cooperate with the emergency management, nuclear 
16and radiation safety, and homeland security organizations of
17this State and other states and of the federal government.
18    (d) The [Illinois Emergency Management] Agency shall take an
19integral part in the development and revision of political
20subdivision emergency operations plans prepared under
21paragraph (f) of Section 10. To this end it shall employ or
22otherwise secure the services of professional and technical
23personnel capable of providing expert assistance to the
24emergency services and disaster agencies. These personnel
25shall consult with emergency services and disaster agencies on
26a regular basis and shall make field examinations of the
		HB5206 Engrossed	- 16 -	LRB104 18338 BDA 31778 b
1areas, circumstances, and conditions that particular political
2subdivision emergency operations plans are intended to apply.
3    (e) The [Illinois Emergency Management] Agency and political
4subdivisions shall be encouraged to form an emergency
5management advisory committee composed of private and public
6personnel representing the emergency management phases of
7mitigation, preparedness, response, and recovery. The Local
8Emergency Planning Committee, as created under the Illinois
9Emergency Planning and Community Right to Know Act, shall
10serve as an advisory committee to the emergency services and
11disaster agency or agencies serving within the boundaries of
12that Local Emergency Planning Committee planning district for:
13        (1) the development of emergency operations plan
14    provisions for hazardous chemical emergencies; and
15        (2) the assessment of emergency response capabilities
16    related to hazardous chemical emergencies.
17    (f) The [Illinois Emergency Management] Agency shall:
18        (1) Coordinate the overall emergency management, 
19    nuclear and radiation safety, and homeland security 
20    programs [program] of the State.
21        (2) Cooperate with local governments, the federal
22    government, and any public or private agency or entity in
23    achieving any purpose of this Act and in implementing
24    emergency management programs for mitigation,
25    preparedness, response, and recovery.
26        (2.5) Develop a comprehensive emergency preparedness
		HB5206 Engrossed	- 17 -	LRB104 18338 BDA 31778 b
1    and response plan for any nuclear accident in accordance
2    with Section 65 of the Nuclear Safety Law of 2004 and in
3    development of the Illinois Nuclear Safety Preparedness
4    program in accordance with Section 8 of the Illinois
5    Nuclear Safety Preparedness Act.
6        (2.6) Coordinate with the Department of Public Health
7    with respect to planning for and responding to public
8    health emergencies.
9        (3) Prepare, for issuance by the Governor, executive
10    orders, proclamations, and regulations as necessary or
11    appropriate in coping with disasters.
12        (4) Promulgate rules and requirements for political
13    subdivision emergency operations plans that are not
14    inconsistent with and are at least as stringent as
15    applicable federal laws and regulations.
16        (5) Review and approve, in accordance with [Illinois ]
17    [Emergency Management] Agency rules, emergency operations
18    plans for those political subdivisions required to have an
19    emergency services and disaster agency pursuant to this
20    Act.
21        (5.5) Promulgate rules and requirements for the
22    political subdivision emergency management exercises,
23    including, but not limited to, exercises of the emergency
24    operations plans.
25        (5.10) Review, evaluate, and approve, in accordance
26    with [Illinois Emergency Management] Agency rules, political
		HB5206 Engrossed	- 18 -	LRB104 18338 BDA 31778 b
1    subdivision emergency management exercises for those
2    political subdivisions required to have an emergency
3    services and disaster agency pursuant to this Act.
4        (6) Determine requirements of the State and its
5    political subdivisions for food, clothing, and other
6    necessities in event of a disaster.
7        (7) Establish a register of persons with types of
8    emergency management training and skills in mitigation,
9    preparedness, response, and recovery.
10        (8) Establish a register of government and private
11    response resources available for use in a disaster.
12        (9) Expand the Earthquake Awareness Program and its
13    efforts to distribute earthquake preparedness materials to
14    schools, political subdivisions, community groups, civic
15    organizations, and the media. Emphasis will be placed on
16    those areas of the State most at risk from an earthquake.
17    Maintain the list of all school districts, hospitals,
18    airports, power plants, including nuclear power plants,
19    lakes, dams, emergency response facilities of all types,
20    and all other major public or private structures which are
21    at the greatest risk of damage from earthquakes under
22    circumstances where the damage would cause subsequent harm
23    to the surrounding communities and residents.
24        (10) Disseminate all information, completely and
25    without delay, on water levels for rivers and streams and
26    any other data pertaining to potential flooding supplied
		HB5206 Engrossed	- 19 -	LRB104 18338 BDA 31778 b
1    by the Division of Water Resources within the Department
2    of Natural Resources to all political subdivisions to the
3    maximum extent possible.
4        (11) Develop agreements, if feasible, with medical
5    supply and equipment firms to supply resources as are
6    necessary to respond to an earthquake or any other
7    disaster as defined in this Act. These resources will be
8    made available upon notifying the vendor of the disaster.
9    Payment for the resources will be in accordance with
10    Section 7 of this Act. The Illinois Department of Public
11    Health shall determine which resources will be required
12    and requested.
13        (11.5) In coordination with the Illinois State Police,
14    develop and implement a community outreach program to
15    promote awareness among the State's parents and children
16    of child abduction prevention and response.
17        (12) Out of funds appropriated for these purposes,
18    award capital and non-capital grants to Illinois hospitals
19    or health care facilities located outside of a city with a
20    population in excess of 1,000,000 to be used for purposes
21    that include, but are not limited to, preparing to respond
22    to mass casualties and disasters, maintaining and
23    improving patient safety and quality of care, and
24    protecting the confidentiality of patient information. No
25    single grant for a capital expenditure shall exceed
26    $300,000. No single grant for a non-capital expenditure
		HB5206 Engrossed	- 20 -	LRB104 18338 BDA 31778 b
1    shall exceed $100,000. In awarding such grants, preference
2    shall be given to hospitals that serve a significant
3    number of Medicaid recipients, but do not qualify for
4    disproportionate share hospital adjustment payments under
5    the Illinois Public Aid Code. To receive such a grant, a
6    hospital or health care facility must provide funding of
7    at least 50% of the cost of the project for which the grant
8    is being requested. In awarding such grants the [Illinois ]
9    [Emergency Management] Agency shall consider the
10    recommendations of the Illinois Hospital Association.
11        (13) Do all other things necessary, incidental or
12    appropriate for the implementation of this Act.
13    (g) The [Illinois Emergency Management] Agency is authorized
14to make grants to various higher education institutions,
15public K-12 school districts, area vocational centers as
16designated by the State Board of Education, inter-district
17special education cooperatives, regional safe schools, and
18nonpublic K-12 schools for safety and security improvements.
19For the purpose of this subsection (g), "higher education
20institution" means a public university, a public community
21college, or an independent, not-for-profit or for-profit
22higher education institution located in this State. Grants
23made under this subsection (g) shall be paid out of moneys
24appropriated for that purpose from the Build Illinois Bond
25Fund. The [Illinois Emergency Management] Agency shall adopt
26rules to implement this subsection (g). These rules may
		HB5206 Engrossed	- 21 -	LRB104 18338 BDA 31778 b
1specify: (i) the manner of applying for grants; (ii) project
2eligibility requirements; (iii) restrictions on the use of
3grant moneys; (iv) the manner in which the various higher
4education institutions must account for the use of grant
5moneys; and (v) any other provision that the [Illinois ]
6[Emergency Management] Agency determines to be necessary or
7useful for the administration of this subsection (g).
8    (g-5) The [Illinois Emergency Management] Agency is
9authorized to make grants to not-for-profit organizations
10which are exempt from federal income taxation under section
11501(c)(3) of the Federal Internal Revenue Code for eligible
12security improvements that assist the organization in
13preventing, preparing for, or responding to threats, attacks,
14or acts of terrorism. To be eligible for a grant under the
15program, the Agency must determine that the organization is at
16a high risk of being subject to threats, attacks, or acts of
17terrorism based on the organization's profile, ideology,
18mission, or beliefs. Eligible security improvements shall
19include all eligible preparedness activities under the federal
20Nonprofit Security Grant Program, including, but not limited
21to, physical security upgrades, security training exercises,
22preparedness training exercises, contracting with security
23personnel, and any other security upgrades deemed eligible by
24the Director. Eligible security improvements shall not
25duplicate, in part or in whole, a project included under any
26awarded federal grant or in a pending federal application. The
		HB5206 Engrossed	- 22 -	LRB104 18338 BDA 31778 b
1Director shall establish procedures and forms by which
2applicants may apply for a grant and procedures for
3distributing grants to recipients. Any security improvements
4awarded shall remain at the physical property listed in the
5grant application, unless authorized by Agency rule or
6approved by the Agency in writing. The procedures shall
7require each applicant to do the following:
8        (1) identify and substantiate prior or current
9    threats, attacks, or acts of terrorism against the
10    not-for-profit organization;
11        (2) indicate the symbolic or strategic value of one or
12    more sites that renders the site a possible target of a
13    threat, attack, or act of terrorism;
14        (3) discuss potential consequences to the organization
15    if the site is damaged, destroyed, or disrupted by a
16    threat, attack, or act of terrorism;
17        (4) describe how the grant will be used to integrate
18    organizational preparedness with broader State and local
19    preparedness efforts, as described by the Agency in each
20    Notice of Opportunity for Funding;
21        (5) submit (i) a vulnerability assessment conducted by
22    experienced security, law enforcement, or military
23    personnel, or conducted using an Agency-approved or
24    federal Nonprofit Security Grant Program self-assessment
25    tool, and (ii) a description of how the grant award will be
26    used to address the vulnerabilities identified in the
		HB5206 Engrossed	- 23 -	LRB104 18338 BDA 31778 b
1    assessment; and
2        (6) submit any other relevant information as may be
3    required by the Director.
4    The Agency is authorized to use funds appropriated for the
5grant program described in this subsection (g-5) to administer
6the program. Any Agency Notice of Opportunity for Funding,
7proposed or final rulemaking, guidance, training opportunity,
8or other resource related to the grant program must be
9published on the Agency's publicly available website, and any
10announcements related to funding shall be shared with all
11State legislative offices, the Governor's office, emergency
12services and disaster agencies mandated or required pursuant
13to subsections (b) through (d) of Section 10, and any other
14State agencies as determined by the Agency. Subject to
15appropriation, the grant application period shall be open for
16no less than 45 calendar days during the first application
17cycle each fiscal year, unless the Agency determines that a
18shorter period is necessary to avoid conflicts with the annual
19federal Nonprofit Security Grant Program funding cycle.
20Additional application cycles may be conducted during the same
21fiscal year, subject to availability of funds. Upon request,
22Agency staff shall provide reasonable assistance to any
23applicant in completing a grant application or meeting a
24post-award requirement.
25    In addition to any advance payment rules or procedures
26adopted by the Agency, the Agency shall adopt rules or
		HB5206 Engrossed	- 24 -	LRB104 18338 BDA 31778 b
1procedures by which grantees under this subsection (g-5) may
2receive a working capital advance of initial start-up costs
3and up to 2 months of program expenses, not to exceed 25% of
4the total award amount, if, during the application process,
5the grantee demonstrates a need for funds to commence a
6project. The remaining funds must be paid through
7reimbursement after the grantee presents sufficient supporting
8documentation of expenditures for eligible activities.
9    (h) Except as provided in Section 17.5 of this Act, any
10moneys received by the Agency from donations or sponsorships
11unrelated to a disaster shall be deposited in the Emergency
12Planning and Training Fund and used by the Agency, subject to
13appropriation, to effectuate planning and training activities.
14Any moneys received by the Agency from donations during a
15disaster and intended for disaster response or recovery shall
16be deposited into the Disaster Response and Recovery Fund and
17used for disaster response and recovery pursuant to the
18Disaster Relief Act.
19    (i) The [Illinois Emergency Management] Agency may by rule
20assess and collect reasonable fees for attendance at
21Agency-sponsored conferences to enable the Agency to carry out
22the requirements of this Act. Any moneys received under this
23subsection shall be deposited in the Emergency Planning and
24Training Fund and used by the Agency, subject to
25appropriation, for planning and training activities.
26    (j) The [Illinois Emergency Management] Agency is authorized
		HB5206 Engrossed	- 25 -	LRB104 18338 BDA 31778 b
1to make grants to other State agencies, public universities,
2units of local government, and statewide mutual aid
3organizations to enhance statewide emergency preparedness and
4response.
5    (k) Subject to appropriation from the Emergency Planning
6and Training Fund, the [Illinois Emergency Management] Agency
7[and Office of Homeland Security] shall obtain training services
8and support for local emergency services and support for local
9emergency services and disaster agencies for training,
10exercises, and equipment related to carbon dioxide pipelines
11and sequestration, and, subject to the availability of
12funding, shall provide $5,000 per year to the Illinois Fire
13Service Institute for first responder training required under
14Section 4-615 of the Public Utilities Act. Amounts in the
15Emergency Planning and Training Fund will be used by the
16[Illinois Emergency Management] Agency [and Office of Homeland ]
17[Security] for administrative costs incurred in carrying out the
18requirements of this subsection. To carry out the purposes of
19this subsection, the [Illinois Emergency Management] Agency [and ]
20[Office of Homeland Security] may accept moneys from all
21authorized sources into the Emergency Planning and Training
22Fund, including, but not limited to, transfers from the Carbon
23Dioxide Sequestration Administrative Fund and the Public
24Utility Fund.
25    (l) The Agency shall do all other things necessary,
26incidental, or appropriate for the implementation of this Act,
		HB5206 Engrossed	- 26 -	LRB104 18338 BDA 31778 b
1including the adoption of rules in accordance with the
2Illinois Administrative Procedure Act.
3(Source: P.A. 103-418, eff. 1-1-24; 103-588, eff. 1-1-25;
4103-651, eff. 7-18-24; 103-999, eff. 1-1-25; 104-417, eff.
58-15-25.)
6    (20 ILCS 3305/5.5 new)
7    Sec. 5.5. Statewide Interoperability Coordinator (SWIC).
8    (a) The Statewide Interoperability Coordinator (SWIC) is 
9hereby created as a position within the Agency.
10    (b) The SWIC shall:
11        (1) act as the senior advisor and central coordination 
12    point for public safety communications efforts and serves 
13    as the principal policy making authority for public safety 
14    interoperable communications statewide;
15        (2) plan and implement the statewide interoperability 
16    program, guided by initiatives outlined in the National 
17    Emergency Communication Plan and Statewide Communications 
18    Interoperability Plan;
19        (3) ascertain what means exist for rapid and efficient 
20    communications in times of disaster;
21        (4) serve as the central coordination point for the 
22    State's communications interoperability as well as the 
23    Single Point of Contact for the First Responder Network 
24    Authority and assist with mediation to achieve an 
25    interoperable communications ecosystem;
		HB5206 Engrossed	- 27 -	LRB104 18338 BDA 31778 b
1        (5) coordinate with all emergency response leaders 
2    within State agencies, public jurisdictions, the federal 
3    government, and private entities to implement and maintain 
4    the state's strategic vision for interoperability to 
5    ensure emergency readiness;
6        (6) coordinate governing body activities to maximize 
7    integration and collaboration across the emergency 
8    communications landscape and serve as a member of the 
9    Statewide Interoperability Executive Committee or its 
10    successor entity and may act on behalf of the Statewide 
11    Interoperability Executive Committee;
12        (7) recommend regulatory changes relating to public 
13    safety communications and interoperability activities 
14    statewide;
15        (8) on behalf of the State, serve as the point of 
16    contact for the federal government and industry on issues 
17    concerning statewide interoperable communications;
18        (9) ensure federal funding for emergency 
19    communications initiatives are coordinated, align to the 
20    National Emergency Communication Plan and Statewide 
21    Communications Interoperability Plan, and are compatible 
22    with surrounding systems;
23        (10) represent the State in national, regional, and 
24    local efforts to plan and implement changes needed to 
25    achieve interoperability and continuity of communications 
26    for emergency responders;
		HB5206 Engrossed	- 28 -	LRB104 18338 BDA 31778 b
1        (11) ensure a comprehensive approach to public safety 
2    communications and cybersecurity across all technologies; 
3    and
4        (12) support operational communications by regularly 
5    coordinating, planning, and communicating with relevant 
6    industry, communications providers, and other 
7    stakeholders.
8    (20 ILCS 3305/6)  (from Ch. 127, par. 1056)
9    Sec. 6. Emergency Management Powers of the Governor.
10    (a) The Governor shall have general direction and control
11of the [Illinois Emergency Management] Agency and shall be
12responsible for the carrying out of the provisions of this
13Act.
14    (b) In performing duties under this Act, the Governor is
15authorized to cooperate with the federal government and with
16other states in all matters pertaining to emergency
17management, nuclear and radiation safety, and homeland 
18security.
19    (c) In performing duties under this Act, the Governor is
20further authorized:
21        (1) To make, amend, and rescind all lawful necessary
22    orders, rules, and regulations to carry out the provisions
23    of this Act within the limits of the authority conferred
24    upon the Governor.
25        (2) To cause to be prepared a comprehensive plan and
		HB5206 Engrossed	- 29 -	LRB104 18338 BDA 31778 b
1    programs [program] for the emergency management, nuclear and 
2    radiation safety, and homeland security of this State,
3    which plan and program shall be integrated into and
4    coordinated with emergency management, nuclear and 
5    radiation safety, and homeland security plans and programs
6    of the federal government and of other states whenever
7    possible and which plan and program may include:
8            a. Mitigation of injury and damage caused by
9        disaster.
10            b. Prompt and effective response to disaster.
11            c. Emergency relief.
12            d. Identification of areas particularly vulnerable
13        to disasters.
14            e. Recommendations for zoning, building, and other
15        land-use controls, safety measures for securing
16        permanent structures and other mitigation measures
17        designed to eliminate or reduce disasters or their
18        impact.
19            f. Assistance to political subdivisions in
20        designing emergency operations plans.
21            g. Authorization and procedures for the erection
22        or other construction of temporary works designed to
23        mitigate danger, damage or loss from flood, or other
24        disaster.
25            h. Preparation and distribution to the appropriate
26        State and political subdivision officials of a State
		HB5206 Engrossed	- 30 -	LRB104 18338 BDA 31778 b
1        catalog of federal, State, and private assistance
2        programs.
3            i. Organization of State personnel and chains of
4        command.
5            j. Coordination of federal, State, and political
6        subdivision emergency management, nuclear and 
7        radiation safety, and homeland security activities.
8            k. Other necessary matters.
9        (3) In accordance with the plans and programs [plan and ]
10    [program] for the emergency management, nuclear and 
11    radiation safety, and homeland security of this State, and
12    out of funds appropriated for these purposes, to procure
13    and preposition supplies, medicines, materials and
14    equipment, to institute training programs and public
15    information programs, and to take all other preparatory
16    steps including the partial or full mobilization of MSTs
17    and emergency services and disaster agencies to insure the
18    furnishing of adequately trained and equipped forces for
19    incidents, disasters, federally declared national special
20    security events, and other large public events.
21        (4) Out of funds appropriated for these purposes, to
22    make studies and surveys of the industries, resources, and
23    facilities in this State as may be necessary to ascertain
24    the capabilities of the State for emergency management
25    phases of mitigation, preparedness, response, and recovery
26    and to plan for the most efficient emergency use thereof.
		HB5206 Engrossed	- 31 -	LRB104 18338 BDA 31778 b
1        (5) On behalf of this State, to negotiate for and
2    submit to the General Assembly for its approval or
3    rejection reciprocal mutual aid agreements or compacts
4    with other states, either on a statewide or political
5    subdivision basis. The agreements or compacts, shall be
6    limited to the furnishing or exchange of food, clothing,
7    medical or other supplies, engineering and police
8    services; emergency housing and feeding; National and
9    State Guards while under the control of the State; health,
10    medical, and related services; fire fighting, rescue,
11    transportation, communication, and construction services
12    and equipment, provided, however, that if the General
13    Assembly be not in session and the Governor has not
14    proclaimed the existence of a disaster under this Section,
15    then the agreements or compacts shall instead be submitted
16    to an Interim Committee on Emergency Management composed
17    of 5 Senators appointed by the President of the Senate and
18    of 5 Representatives appointed by the Speaker of the
19    House, during the month of June of each odd-numbered year
20    to serve for a 2 year term, beginning July 1 of that year,
21    and until their successors are appointed and qualified, or
22    until termination of their legislative service, whichever
23    first occurs. Vacancies shall be filled by appointment for
24    the unexpired term in the same manner as original
25    appointments. All appointments shall be made in writing
26    and filed with the Secretary of State as a public record.
		HB5206 Engrossed	- 32 -	LRB104 18338 BDA 31778 b
1    The Committee shall have the power to approve or reject
2    any agreements or compacts for and on behalf of the
3    General Assembly; and, provided further, that an
4    affirmative vote of 2/3 of the members of the Committee
5    shall be necessary for the approval of any agreement or
6    compact.
7(Source: P.A. 104-418, eff. 1-1-26.)
8    (20 ILCS 3305/7)  (from Ch. 127, par. 1057)
9    Sec. 7. Emergency Powers of the Governor. In the event of a
10disaster, as defined in Section 4, the Governor may, by
11proclamation declare that a disaster exists. Upon such
12proclamation, the Governor shall have and may exercise for a
13period not to exceed 30 days the following emergency powers;
14provided, however, that the lapse of the emergency powers
15shall not, as regards any act or acts occurring or committed
16within the 30-day period, deprive any person, firm,
17corporation, political subdivision, or body politic of any
18right or rights to compensation or reimbursement which he,
19she, it, or they may have under the provisions of this Act:
20        (1) To suspend the provisions of any regulatory
21    statute prescribing procedures for conduct of State
22    business, or the orders, rules and regulations of any
23    State agency, if strict compliance with the provisions of
24    any statute, order, rule, or regulation would in any way
25    prevent, hinder or delay necessary action, including
		HB5206 Engrossed	- 33 -	LRB104 18338 BDA 31778 b
1    emergency purchases, by the [Illinois Emergency Management]
2    Agency, in coping with the disaster.
3        (2) To utilize all available resources of the State
4    government as reasonably necessary to cope with the
5    disaster and of each political subdivision of the State.
6        (3) To transfer the direction, personnel or functions
7    of State departments and agencies or units thereof for the
8    purpose of performing or facilitating disaster response
9    and recovery programs.
10        (4) On behalf of this State to take possession of, and
11    to acquire full title or a lesser specified interest in,
12    any personal property as may be necessary to accomplish
13    the objectives set forth in Section 2 of this Act,
14    including: airplanes, automobiles, trucks, trailers,
15    buses, and other vehicles; coal, oils, gasoline, and other
16    fuels and means of propulsion; explosives, materials,
17    equipment, and supplies; animals and livestock; feed and
18    seed; food and provisions for humans and animals; clothing
19    and bedding; and medicines and medical and surgical
20    supplies; and to take possession of and for a limited
21    period occupy and use any real estate necessary to
22    accomplish those objectives; but only upon the undertaking
23    by the State to pay just compensation therefor as in this
24    Act provided, and then only under the following
25    provisions:
26            a. The Governor, or the person or persons as the
		HB5206 Engrossed	- 34 -	LRB104 18338 BDA 31778 b
1        Governor may authorize so to do, may forthwith take
2        possession of property for and on behalf of the State;
3        provided, however, that the Governor or persons shall
4        simultaneously with the taking, deliver to the owner
5        or his or her agent, if the identity of the owner or
6        agency is known or readily ascertainable, a signed
7        statement in writing, that shall include the name and
8        address of the owner, the date and place of the taking,
9        description of the property sufficient to identify it,
10        a statement of interest in the property that is being
11        so taken, and, if possible, a statement in writing,
12        signed by the owner, setting forth the sum that he or
13        she is willing to accept as just compensation for the
14        property or use. Whether or not the owner or agent is
15        known or readily ascertainable, a true copy of the
16        statement shall promptly be filed by the Governor or
17        the person with the Director, who shall keep the
18        docket of the statements. In cases where the sum that
19        the owner is willing to accept as just compensation is
20        less than $1,000, copies of the statements shall also
21        be filed by the Director with, and shall be passed upon
22        by an Emergency Management Claims Commission,
23        consisting of 3 disinterested citizens who shall be
24        appointed by the Governor, by and with the advice and
25        consent of the Senate, within 20 days after the
26        Governor's declaration of a disaster, and if the sum
		HB5206 Engrossed	- 35 -	LRB104 18338 BDA 31778 b
1        fixed by them as just compensation be less than $1,000
2        and is accepted in writing by the owner, then the State
3        Treasurer out of funds appropriated for these
4        purposes, shall, upon certification thereof by the
5        Emergency Management Claims Commission, cause the sum
6        so certified forthwith to be paid to the owner. The
7        Emergency Management Claims Commission is hereby given
8        the power to issue appropriate subpoenas and to
9        administer oaths to witnesses and shall keep
10        appropriate minutes and other records of its actions
11        upon and the disposition made of all claims.
12            b. When the compensation to be paid for the taking
13        or use of property or interest therein is not or cannot
14        be determined and paid under item a of this paragraph
15        (4), a petition in the name of The People of the State
16        of Illinois shall be promptly filed by the Director,
17        which filing may be enforced by mandamus, in the
18        circuit court of the county where the property or any
19        part thereof was located when initially taken or used
20        under the provisions of this Act praying that the
21        amount of compensation to be paid to the person or
22        persons interested therein be fixed and determined.
23        The petition shall include a description of the
24        property that has been taken, shall state the physical
25        condition of the property when taken, shall name as
26        defendants all interested parties, shall set forth the
		HB5206 Engrossed	- 36 -	LRB104 18338 BDA 31778 b
1        sum of money estimated to be just compensation for the
2        property or interest therein taken or used, and shall
3        be signed by the Director. The litigation shall be
4        handled by the Attorney General for and on behalf of
5        the State.
6            c. Just compensation for the taking or use of
7        property or interest therein shall be promptly
8        ascertained in proceedings and established by judgment
9        against the State, that shall include, as part of the
10        just compensation so awarded, interest at the rate of
11        6% per annum on the fair market value of the property
12        or interest therein from the date of the taking or use
13        to the date of the judgment; and the court may order
14        the payment of delinquent taxes and special
15        assessments out of the amount so awarded as just
16        compensation and may make any other orders with
17        respect to encumbrances, rents, insurance, and other
18        charges, if any, as shall be just and equitable.
19        (5) When required by the exigencies of the disaster,
20    to sell, lend, rent, give, or distribute all or any part of
21    property so or otherwise acquired to the inhabitants of
22    this State, or to political subdivisions of this State,
23    or, under the interstate mutual aid agreements or compacts
24    as are entered into under the provisions of subparagraph
25    (5) of paragraph (c) of Section 6 to other states, and to
26    account for and transmit to the State Treasurer all funds,
		HB5206 Engrossed	- 37 -	LRB104 18338 BDA 31778 b
1    if any, received therefor.
2        (6) To recommend the evacuation of all or part of the
3    population from any stricken or threatened area within the
4    State if the Governor deems this action necessary.
5        (7) To prescribe routes, modes of transportation, and
6    destinations in connection with evacuation.
7        (8) To control ingress and egress to and from a
8    disaster area, the movement of persons within the area,
9    and the occupancy of premises therein.
10        (9) To suspend or limit the sale, dispensing, or
11    transportation of alcoholic beverages, firearms,
12    explosives, and combustibles.
13        (10) To make provision for the availability and use of
14    temporary emergency housing.
15        (11) A proclamation of a disaster shall activate the
16    State Emergency Operations Plan, and political subdivision
17    emergency operations plans applicable to the political
18    subdivision or area in question and be authority for the
19    deployment and use of any forces that the plan or plans
20    apply and for use or distribution of any supplies,
21    equipment, and materials and facilities assembled,
22    stockpiled or arranged to be made available under this Act
23    or any other provision of law relating to disasters.
24        (12) Control, restrict, and regulate by rationing,
25    freezing, use of quotas, prohibitions on shipments, price
26    fixing, allocation or other means, the use, sale or
		HB5206 Engrossed	- 38 -	LRB104 18338 BDA 31778 b
1    distribution of food, feed, fuel, clothing and other
2    commodities, materials, goods, or services; and perform
3    and exercise any other functions, powers, and duties as
4    may be necessary to promote and secure the safety and
5    protection of the civilian population.
6        (13) During the continuance of any disaster the
7    Governor is commander-in-chief of the organized and
8    unorganized militia and of all other forces available for
9    emergency duty. To the greatest extent practicable, the
10    Governor shall delegate or assign authority to the
11    Director to manage, coordinate, and direct all resources
12    by orders issued at the time of the disaster.
13        (14) Prohibit increases in the prices of goods and
14    services during a disaster.
15(Source: P.A. 102-485, eff. 8-20-21.)
16    (20 ILCS 3305/8)  (from Ch. 127, par. 1058)
17    Sec. 8. Mobile support teams; mutual aid.
18    (a) The Governor or Director, on behalf of the Governor,
19may enter into agreements with local governments, the federal
20government, tribal governments, and any public or private
21agency or entity in achieving any purpose of this Act and in
22implementing emergency management programs for mitigation,
23preparedness, response, and recovery.
24    (b) The Governor or Director may activate mobile support
25teams (MSTs) to aid and reinforce the [Illinois Emergency ]
		HB5206 Engrossed	- 39 -	LRB104 18338 BDA 31778 b
1[Management] Agency [and Office of Homeland Security,] and
2emergency services and disaster agencies in this State or
3out-of-state pursuant to the Emergency Management Assistance
4Compact, as ratified in the Emergency Management Assistance
5Compact Act, for incidents, disasters, federally declared
6national special security events, and other large public
7events.
8    (c) Each mobile support team shall have a leader or
9leadership group, who will be responsible for the
10organization, administration, training, and general operation
11of the mobile support team.
12    (d) While activated on behalf of the State, the MST shall
13report to the Director or designee as the Director retains
14operational control of MSTs even if they have been tasked to
15support emergency services and disaster agencies.
16    (e) Personnel of an MST while activated by the Governor or
17Director or while engaged in State-approved or State-sponsored
18training or exercises, whether within or without the State,
19shall:
20        (1) If they are paid employees of the State, have the
21    powers, duties, rights, privileges and immunities and
22    receive the compensation incidental to their employment.
23        (2) If they are paid employees of a political
24    subdivision or body politic of this State, and whether
25    serving within or without that political subdivision or
26    body politic, have the powers, duties, rights, privileges
		HB5206 Engrossed	- 40 -	LRB104 18338 BDA 31778 b
1    and immunities, and receive the compensation incidental to
2    their employment.
3        (3) If they are not employees of the State, political
4    subdivision or body politic, or being such employees, are
5    not normally paid for their services, be entitled to at
6    least one dollar per year compensation from the State.
7    (f) All personnel of MSTs may, while activated by the
8Governor or Director, be reimbursed by this State for all
9actual and necessary travel and subsistence expenses related
10to their activation.
11    (g) Personnel of a mobile support team who suffer disease,
12injury or death, while activated by the Governor or Director,
13shall for the purposes of benefits under the Workers'
14Compensation Act or Workers' Occupational Diseases Act only,
15be deemed to be employees of this State. If the person
16diseased, injured or killed is an employee described in item
17(3) of subsection (e), the computation of benefits payable
18under either of those Acts shall be based on income
19commensurate with comparable State employees doing the same
20type of work or income from the person's regular employment,
21whichever is greater.
22    (h) In lieu of subsection (f), the State may, by
23agreement, reimburse each political subdivision or body
24politic from the Disaster Response and Recovery Fund, or from
25other funding determined by the State, for the compensation
26paid and the actual and necessary travel and subsistence
		HB5206 Engrossed	- 41 -	LRB104 18338 BDA 31778 b
1expenses of paid employees of the political subdivision or
2body politic while serving, outside of its geographical
3boundaries on behalf of the State, as members of an MST, and
4for all payments made for death, disease or injury of those
5paid employees arising out of and incurred in the course of
6that duty, and for all losses of or damage to supplies and
7equipment of the political subdivision or body politic
8resulting from the operations.
9    (i) Whenever activated MSTs or units of another state
10operating under orders of the Governor of their home state,
11render aid to this State, all questions relating to
12reimbursement by this State in regard to the assistance
13rendered shall be determined by the mutual aid agreements, MST
14agreements, or interstate compacts described in subparagraph
15(5) of paragraph (c) of Section 6 as are existing at the time
16of the assistance rendered, pursuant to the Emergency
17Management Assistance Compact as ratified in the Emergency
18Management Assistance Compact Act, as are entered into
19thereafter.
20    (j) No personnel of MSTs of this State may be ordered by
21the Governor or Director to operate in any other state unless a
22request for the same has been made by the Governor or duly
23authorized representative of the other state pursuant to the
24Emergency Management Assistance Compact, as ratified in the
25Emergency Management Assistance Compact Act, or a successor
26law.
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1    (k) All expenses and compensation reimbursed under this
2Section may be provided from the Disaster Response and
3Recovery Fund or other funding determined by the State. The
4mutual aid agreement shall specify the manner and method in
5which compensation shall be paid.
6(Source: P.A. 104-418, eff. 1-1-26.)
7    (20 ILCS 3305/10)  (from Ch. 127, par. 1060)
8    Sec. 10. Emergency Services and Disaster Agencies.
9    (a) Each political subdivision within this State shall be
10within the jurisdiction of and served by the [Illinois ]
11[Emergency Management] Agency and by an emergency services and
12disaster agency responsible for emergency management programs.
13A township, if the township is in a county having a population
14of more than 2,000,000, must have approval of the county
15coordinator before establishment of a township emergency
16services and disaster agency.
17    (b) Unless multiple county emergency services and disaster
18agency consolidation is authorized by the [Illinois Emergency ]
19[Management] Agency with the consent of the respective counties,
20each county shall maintain an emergency services and disaster
21agency that has jurisdiction over and serves the entire
22county, except as otherwise provided under this Act and except
23that in any county with a population of over 3,000,000
24containing a municipality with a population of over 500,000
25the jurisdiction of the county agency shall not extend to the
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1municipality when the municipality has established its own
2agency.
3    (c) Each municipality with a population of over 500,000
4shall maintain an emergency services and disaster agency which
5has jurisdiction over and serves the entire municipality. A
6municipality with a population less than 500,000 may
7establish, by ordinance, an agency or department responsible
8for emergency management within the municipality's corporate
9limits.
10    (d) The Governor shall determine which municipal
11corporations, other than those specified in paragraph (c) of
12this Section, need emergency services and disaster agencies of
13their own and require that they be established and maintained.
14The Governor shall make these determinations on the basis of
15the municipality's disaster vulnerability and capability of
16response related to population size and concentration. The
17emergency services and disaster agency of a county or
18township, shall not have a jurisdiction within a political
19subdivision having its own emergency services and disaster
20agency, but shall cooperate with the emergency services and
21disaster agency of a city, village or incorporated town within
22their borders. The [Illinois Emergency Management] Agency shall
23publish and furnish a current list to the municipalities
24required to have an emergency services and disaster agency
25under this subsection.
26    (e) Each municipality that is not required to and does not
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1have an emergency services and disaster agency shall have a
2liaison officer designated to facilitate the cooperation and
3protection of that municipal corporation with the county
4emergency services and disaster agency in which it is located
5in the work of disaster mitigation, preparedness, response,
6and recovery.
7    (f) The principal executive officer or his or her designee
8of each political subdivision in the State shall annually
9notify the [Illinois Emergency Management] Agency of the manner
10in which the political subdivision is providing or securing
11emergency management, identify the executive head of the
12agency or the department from which the service is obtained,
13or the liaison officer in accordance with subsection (e)
14[paragraph (d) of this Section] and furnish additional
15information relating thereto as the [Illinois Emergency ]
16[Management] Agency requires.
17    (g) Each emergency services and disaster agency shall
18prepare an emergency operations plan for its geographic
19boundaries that complies with planning, review, and approval
20standards promulgated by the [Illinois Emergency Management]
21Agency. The [Illinois Emergency Management] Agency shall
22determine which jurisdictions will be required to include
23earthquake preparedness in their local emergency operations
24plans.
25    (h) The emergency services and disaster agency shall
26prepare and distribute to all appropriate officials in written
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1form a clear and complete statement of the emergency
2responsibilities of all local departments and officials and of
3the disaster chain of command.
4    (i) Each emergency services and disaster agency shall have
5a Coordinator who shall be appointed by the principal
6executive officer of the political subdivision in the same
7manner as are the heads of regular governmental departments.
8If the political subdivision is a county and the principal
9executive officer appoints the sheriff as the Coordinator, the
10sheriff may, in addition to his or her regular compensation,
11receive compensation at the same level as provided in Article 
123 of the Counties Code [Section 3 of "An Act in relation to the ]
13[regulation of motor vehicle traffic and the promotion of ]
14[safety on public highways in counties", approved August 9, ]
15[1951, as amended]. The Coordinator shall have direct
16responsibility for the organization, administration, training,
17and operation of the emergency services and disaster agency,
18subject to the direction and control of that principal
19executive officer. Each emergency services and disaster agency
20shall coordinate and may perform emergency management
21functions within the territorial limits of the political
22subdivision within which it is organized as are prescribed in
23and by the State Emergency Operations Plan, and programs,
24orders, rules and regulations as may be promulgated by the
25[Illinois Emergency Management] Agency and by local ordinance
26and, in addition, shall conduct such functions outside of
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1those territorial limits as may be required under mutual aid
2agreements and compacts as are entered into under subparagraph
3(5) of paragraph (c) of Section 6.
4    (j) In carrying out the provisions of this Act, each
5political subdivision may enter into contracts and incur
6obligations necessary to place it in a position effectively to
7combat the disasters as are described in Section 4, to protect
8the health and safety of persons, to protect property, and to
9provide emergency assistance to victims of those disasters. If
10a disaster occurs, each political subdivision may exercise the
11powers vested under this Section in the light of the
12exigencies of the disaster and, excepting mandatory
13constitutional requirements, without regard to the procedures
14and formalities normally prescribed by law pertaining to the
15performance of public work, entering into contracts, the
16incurring of obligations, the employment of temporary workers,
17the rental of equipment, the purchase of supplies and
18materials, and the appropriation, expenditure, and disposition
19of public funds and property.
20    (k) Volunteers who, while engaged in a disaster, an
21exercise, training related to the emergency operations plan of
22the political subdivision, or a search-and-rescue team
23response to an occurrence or threat of injury or loss of life
24that is beyond local response capabilities, suffer disease,
25injury or death, shall, for the purposes of benefits under the
26Workers' Compensation Act or Workers' Occupational Diseases
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1Act only, be deemed to be employees of the State, if: (1) the
2claimant is a duly qualified and enrolled (sworn in) as a
3volunteer of the [Illinois Emergency Management] Agency or an
4emergency services and disaster agency accredited by the
5[Illinois Emergency Management] Agency, and (2) if: (i) the
6claimant was participating in a disaster as defined in Section
74 of this Act, (ii) the exercise or training participated in
8was specifically and expressly approved by the [Illinois ]
9[Emergency Management] Agency prior to the exercise or training,
10or (iii) the search-and-rescue team response was to an
11occurrence or threat of injury or loss of life that was beyond
12local response capabilities and was specifically and expressly
13approved by the [Illinois Emergency Management] Agency prior to
14the search-and-rescue team response. The computation of
15benefits payable under either of those Acts shall be based on
16the income commensurate with comparable State employees doing
17the same type work or income from the person's regular
18employment, whichever is greater.
19    Volunteers who are working under the direction of an
20emergency services and disaster agency accredited by the
21[Illinois Emergency Management] Agency, pursuant to a plan
22approved by the [Illinois Emergency Management] Agency (i)
23during a disaster declared by the Governor under Section 7 of
24this Act, or (ii) in circumstances otherwise expressly
25approved by the [Illinois Emergency Management] Agency, shall be
26deemed exclusively employees of the State for purposes of
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1Section 8(d) of the Court of Claims Act, provided that the
2[Illinois Emergency Management] Agency may, in coordination with
3the emergency services and disaster agency, audit
4implementation for compliance with the plan.
5    (l) If any person who is entitled to receive benefits
6through the application of this Section receives, in
7connection with the disease, injury or death giving rise to
8such entitlement, benefits under an Act of Congress or federal
9program, benefits payable under this Section shall be reduced
10to the extent of the benefits received under that other Act or
11program.
12    (m) (1) Prior to conducting an exercise, the principal
13    executive officer of a political subdivision or his or her
14    designee shall provide area media with written
15    notification of the exercise. The notification shall
16    indicate that information relating to the exercise shall
17    not be released to the public until the commencement of
18    the exercise. The notification shall also contain a
19    request that the notice be so posted to ensure that all
20    relevant media personnel are advised of the exercise
21    before it begins.
22        (2) During the conduct of an exercise, all messages,
23    two-way radio communications, briefings, status reports,
24    news releases, and other oral or written communications
25    shall begin and end with the following statement: "This is
26    an exercise message".
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1(Source: P.A. 94-733, eff. 4-27-06.)
2    (20 ILCS 3305/12)  (from Ch. 127, par. 1062)
3    Sec. 12. Testing of Disaster Warning Devices. The testing
4of disaster warning devices including outdoor warning sirens
5shall be held only on the first Tuesday of each month at 10
6o'clock in the morning or during exercises that are
7specifically and expressly approved in advance by the [Illinois ]
8[Emergency Management] Agency.
9(Source: P.A. 92-73, eff. 1-1-02.)
10    (20 ILCS 3305/14)  (from Ch. 127, par. 1064)
11    Sec. 14. Communications. The [Illinois Emergency Management]
12Agency shall ascertain what means exist for rapid and
13efficient communications in times of disaster. The [Illinois ]
14[Emergency Management] Agency shall consider the desirability of
15supplementing these communications resources or of integrating
16them into a comprehensive State or State-Federal
17telecommunications or other communications system or network.
18In studying the character and feasibility of any system or its
19several parts, the [Illinois Emergency Management] Agency shall
20evaluate the possibility of multipurpose use thereof for
21general State and political subdivision purposes. The [Illinois ]
22[Emergency Management] Agency may promulgate rules to establish
23policies and procedures relating to telecommunications and the
24continuation of rapid and efficient communications in times of
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1disaster to the extent authorized by any provision of this Act
2or other laws and regulations. The [Illinois Emergency ]
3[Management] Agency shall make recommendations to the Governor
4as appropriate.
5(Source: P.A. 86-755; 87-168.)
6    (20 ILCS 3305/18)  (from Ch. 127, par. 1068)
7    Sec. 18. Orders, Rules and Regulations.
8    (a) The Governor shall file a copy of every rule,
9regulation or order, and any amendment thereof made by the
10Governor under the provisions of this Act in the office of the
11Secretary of State. Upon [No rule, regulation or order, or any ]
12[amendment thereof shall be effective until 10 days after the ]
13[filing, provided, however, that upon] the declaration of a
14disaster by the Governor as is described in Section 7 the
15provision relating to the effective date of any rule,
16regulation, order or amendment issued under this Act and
17during the state of disaster is abrogated, and the rule,
18regulation, order or amendment shall become effective
19immediately upon being filed with the Secretary of State
20accompanied by a certificate stating the reason as required by
21the Illinois Administrative Procedure Act.
22    (b) Every emergency services and disaster agency
23established pursuant to this Act and the coordinators thereof
24shall execute and enforce the orders, rules and regulations as
25may be made by the Governor under authority of this Act. Each
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1emergency services and disaster agency shall have available
2for inspection at its office all orders, rules and regulations
3made by the Governor, or under the Governor's authority. The
4[Illinois Emergency Management] Agency shall publish [furnish] on
5the Agency's [Department's] website the orders, rules and
6regulations [to each such emergency services and disaster ]
7[agency]. Upon the written request of an emergency services or
8disaster agency, copies thereof shall be mailed to the
9emergency services or disaster agency.
10(Source: P.A. 98-44, eff. 6-28-13.)
11    (20 ILCS 3305/20)  (from Ch. 127, par. 1070)
12    Sec. 20. Oath.
13    (a) Each person, whether compensated or noncompensated,
14who is appointed to serve in any capacity in, or on behalf of,
15the [Illinois Emergency Management] Agency [and Office of ]
16[Homeland Security (IEMA-OHS)] or an emergency services and
17disaster agency, shall, before entering upon duties, take an
18oath in writing.
19    (b) The oath shall be administered before the Director of
20the Agency [IEMA-OHS] (or a designee authorized in writing by
21the Director), the coordinator of the respective emergency
22services and disaster agency, or persons authorized to
23administer oaths in this State pursuant to the Oaths an
24Affirmations Act.
25    The oath may be administered through live video technology
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1or other electronic means; however, the signed oath shall be
2filed with the Agency [IEMA-OHS] or with the emergency services
3and disaster agency with which the person shall serve and
4which oath shall be substantially as follows:
5    "I, _______________, do solemnly swear (or affirm) that I
6will support and defend and bear true faith and allegiance to
7the Constitution of the United States and the Constitution of
8the State of Illinois, and the territory, institutions and
9facilities thereof, both public and private, against all
10enemies, foreign and domestic; that I take this obligation
11freely, without any mental reservation or purpose of evasion;
12and that I will well and faithfully discharge the duties upon
13which I am about to enter. And I do further swear (or affirm)
14that I do not advocate, nor am I, nor have I been a member of
15any political party or organization that advocates the
16overthrow of the government of the United States or of this
17State by force or violence; and that during such time as I am
18affiliated with the (name of emergency preparedness
19organization), I will not advocate nor become a member or an
20affiliate of any organization, group, or combination of
21persons that advocates the overthrow of the government of the
22United States or of this State by force or violence."
23(Source: P.A. 104-418, eff. 1-1-26.)
24    (20 ILCS 3305/23)
25    (Section scheduled to be repealed on January 1, 2032)
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1    Sec. 23. Access and Functional Needs Advisory Committee.
2    (a) In this Section, "Advisory Committee" means the Access
3and Functional Needs Advisory Committee.
4    (b) The Access and Functional Needs Advisory Committee is
5created.
6    (c) The Advisory Committee shall:
7        (1) Coordinate meetings occurring, at a minimum, 3
8    times each year, in addition to emergency meetings called
9    by the chairperson of the Advisory Committee.
10        (2) Research and provide recommendations for
11    identifying and effectively responding to the needs of
12    persons with access and functional needs before, during,
13    and after a disaster using an intersectional lens for
14    equity.
15        (3) Provide recommendations to the [Illinois Emergency ]
16    [Management] Agency regarding how to ensure that persons
17    with a disability are included in disaster strategies and
18    emergency management plans, including updates and
19    implementation of disaster strategies and emergency
20    management plans.
21        (4) Review and provide recommendations for the
22    [Illinois Emergency Management] Agency, and all relevant
23    State agencies that are involved in drafting and
24    implementing the Illinois Emergency Operation Plan, to
25    integrate access and functional needs into State and local
26    emergency operations plans.
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1    (d) The Advisory Committee shall be composed of the
2Director of the [Illinois Emergency Management] Agency or his or
3her designee, the Attorney General or his or her designee, the
4Secretary of Human Services or his or her designee, the
5Director of Aging or his or her designee, and the Director of
6Public Health or his or her designee, together with the
7following members appointed by the Governor [on or before ]
8[January 1, 2022]:
9        (1) Two members, either from a municipal or
10    county-level emergency agency or a local emergency
11    management coordinator.
12        (2) Nine members from the community of persons with a
13    disability who represent persons with different types of
14    disabilities, including, but not limited to, individuals
15    with mobility and physical disabilities, hearing and
16    visual disabilities, deafness or who are hard of hearing,
17    blindness or who have low vision, mental health
18    disabilities, and intellectual or developmental
19    disabilities. Members appointed under this paragraph shall
20    reflect a diversity of age, gender, race, and ethnic
21    background.
22        (3) Four members who represent first responders from
23    different geographical regions around the State.
24    (e) Of those members appointed by the Governor, the
25initial appointments of 6 members shall be for terms of 2 years
26and the initial appointments of 5 members shall be for terms of
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14 years. Thereafter, members shall be appointed for terms of 4
2years. A member shall serve until his or her successor is
3appointed and qualified. If a vacancy occurs in the Advisory
4Committee membership, the vacancy shall be filled in the same
5manner as the original appointment for the remainder of the
6unexpired term.
7    (f) After all the members are appointed, and annually
8thereafter, they shall elect a chairperson from among the
9members appointed under paragraph (2) of subsection (d).
10    (g) (Blank). [The initial meeting of the Advisory Committee ]
11[shall be convened by the Director of the Illinois Emergency ]
12[Management Agency no later than February 1, 2022.]
13    (h) Advisory Committee members shall serve without
14compensation.
15    (i) The [Illinois Emergency Management] Agency shall provide
16administrative support to the Advisory Committee.
17    (j) The Advisory Committee shall prepare and deliver a
18report to the General Assembly, the Governor's Office, and the
19[Illinois Emergency Management] Agency [by July 1, 2022, and]
20annually [thereafter]. The report shall include the following:
21        (1) Identification of core emergency management
22    services that need to be updated or changed to ensure the
23    needs of persons with a disability are met, and shall
24    include disaster strategies in State and local emergency
25    plans.
26        (2) Any proposed changes in State policies, laws,
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1    rules, or regulations necessary to fulfill the purposes of
2    this Act.
3        (3) Recommendations on improving the accessibility and
4    effectiveness of disaster and emergency communication.
5        (4) Recommendations on comprehensive training for
6    first responders and other frontline workers when working
7    with persons with a disability during emergency situations
8    or disasters, as defined in Section 4 [of the Illinois ]
9    [Emergency Management Agency Act].
10        (5) Any additional recommendations regarding emergency
11    management and persons with a disability that the Advisory
12    Committee deems necessary.
13    (k) The annual report prepared and delivered under
14subsection (j) shall be annually considered by the Illinois
15Emergency Management Agency when developing new State and
16local emergency plans or updating existing State and local
17emergency plans.
18    (l) The Advisory Committee is dissolved and this Section
19is repealed on January 1, 2032.
20(Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21;
21103-154, eff. 6-30-23.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.