SB 3659

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Full Text of SB3659
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	SB3659 - 104th General Assembly
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			Senate Amendment 001
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		Senate Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3659
Introduced 2/5/2026, by Sen. Christopher Belt
SYNOPSIS AS INTRODUCED:
20 ILCS 3305/1	  from Ch. 127, par. 1051
20 ILCS 3305/2	  from Ch. 127, par. 1052
20 ILCS 3305/3	  from Ch. 127, par. 1053
20 ILCS 3305/4	  from Ch. 127, par. 1054
20 ILCS 3305/5	  from Ch. 127, par. 1055
20 ILCS 3305/5.5 new
20 ILCS 3305/6	  from Ch. 127, par. 1056
20 ILCS 3305/7	  from Ch. 127, par. 1057
20 ILCS 3305/8	  from Ch. 127, par. 1058
20 ILCS 3305/10	  from Ch. 127, par. 1060
20 ILCS 3305/12	  from Ch. 127, par. 1062
20 ILCS 3305/14	  from Ch. 127, par. 1064
20 ILCS 3305/18	  from Ch. 127, par. 1068
20 ILCS 3305/20	  from Ch. 127, par. 1070
20 ILCS 3305/23
Amends the Illinois Emergency Management Agency Act. Updates definitions and terminology. Expands Agency powers and responsibilities for emergency management and homeland security. Creates the Statewide Interoperability Coordinator within the Agency and specifies duties. Makes related changes concerning planning, coordination, and mutual aid. Effective immediately.
LRB104 18339 BDA 31779 b
A BILL FOR
		SB3659		LRB104 18339 BDA 31779 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 Illinois Emergency Management Agency Act is
5amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 8, 10, 12,
614, 18, 20, and 23 and by adding Section 5.5 as follows:
7    (20 ILCS 3305/1)  (from Ch. 127, par. 1051)
8    Sec. 1. Short Title. This Act may be cited as the Illinois
9Emergency Management and Homeland Security [Agency] Act.
10(Source: P.A. 87-168.)
11    (20 ILCS 3305/2)  (from Ch. 127, par. 1052)
12    Sec. 2. Policy and Purposes.
13    (a) Because of the possibility of the occurrence of
14disasters of unprecedented size and destructiveness resulting
15from the explosion in this or in neighboring states of atomic
16or other means from without or by means of sabotage or other
17disloyal actions within, or from fire, flood, earthquake,
18telecommunications failure, or other natural or technological
19causes, and in order to insure that this State will be prepared
20to and will adequately deal with any disasters, preserve the
21lives and property of the people of this State and protect the
22public peace, health, and safety in the event of a disaster, it
		SB3659	- 2 -	LRB104 18339 BDA 31779 b
1is found and declared to be necessary:
2        (1) To create a State emergency management and 
3    homeland security agency [an Illinois Emergency Management ]
4    [Agency] and to authorize emergency management programs
5    within the political subdivisions of the State.
6        (2) To confer upon the Governor and upon the principal
7    executive officer of the political subdivisions of the
8    State the powers provided herein.
9        (3) To provide for the rendering of mutual aid among
10    the political subdivisions and taxing districts of the
11    State and with other states and with respect to the
12    carrying out of an emergency management and homeland 
13    security programs [program].
14    (b) It is further declared to be the purpose of this Act
15and the policy of the State that all emergency management and 
16homeland security programs of this State be coordinated to the
17maximum extent with the comparable programs of the federal
18government, including its various departments and agencies, of
19other states and localities and private agencies of every
20type, to the end that the most effective preparation and use
21may be made of the nation's resources and facilities for
22dealing with any disaster that may occur.
23(Source: P.A. 87-168; 88-606, eff. 1-1-95.)
24    (20 ILCS 3305/3)  (from Ch. 127, par. 1053)
25    Sec. 3. Limitations. Nothing in this Act shall be
		SB3659	- 3 -	LRB104 18339 BDA 31779 b
1construed to:
2    (a) Interfere with the course or conduct of a labor
3dispute, except that actions otherwise authorized by this Act
4or other laws may be taken when necessary to mitigate imminent
5or existing danger to public health or safety;
6    (b) Interfere with dissemination of news or comment of
7public affairs; but any communications facility or
8organization (including but not limited to radio and
9television stations, wire services, and newspapers) may be
10requested to transmit or print public service messages
11furnishing information or instructions in connection with a
12disaster;
13    (c) Affect the jurisdiction or responsibilities of police
14forces, fire fighting forces, units of the armed forces of the
15United States, or of any personnel thereof, when on active
16duty; but State and political subdivision emergency operations
17plans shall place reliance upon the forces available for
18performance of functions related to emergency management and 
19homeland security;
20    (d) Limit, modify, or abridge the authority of the
21Governor to proclaim martial law or exercise any other powers
22vested in the Governor under the constitution, statutes, or
23common law of this State, independent of or in conjunction
24with any provisions of this Act; limit any home rule unit; or
25prohibit any contract or association pursuant to Article VII,
26Section 10 of the Illinois Constitution.
		SB3659	- 4 -	LRB104 18339 BDA 31779 b
1(Source: P.A. 92-73, eff. 1-1-02.)
2    (20 ILCS 3305/4)  (from Ch. 127, par. 1054)
3    Sec. 4. Definitions. As used in this Act, unless the
4context clearly indicates otherwise, the following words and
5terms have the meanings ascribed to them in this Section:
6    "Coordinator" means the staff assistant to the principal
7executive officer of a political subdivision with the duty of
8coordinating the emergency management programs of that
9political subdivision.
10    "Cyber incident" means an event occurring on or conducted
11through a computer network that actually or imminently
12jeopardizes the integrity, confidentiality, or availability of
13computers, information or communications systems or networks,
14physical or virtual infrastructure controlled by computers or
15information systems, or information resident thereon that
16affect or control infrastructure or communications networks
17utilized by the public. "Cyber incident" includes a
18vulnerability in information systems, system security
19procedures, internal controls, or implementations that could
20be exploited by a threat source that affect or control
21infrastructure or communications networks utilized by the
22public.
23    "Disaster" means an occurrence or threat of widespread or
24severe damage, injury or loss of life or property resulting
25from any natural, technological, or human cause, including but
		SB3659	- 5 -	LRB104 18339 BDA 31779 b
1not limited to fire, flood, earthquake, wind, storm, hazardous
2materials spill or other water contamination requiring
3emergency action to avert danger or damage, epidemic, air
4contamination, blight, extended periods of severe and
5inclement weather, drought, infestation, critical shortages of
6essential fuels and energy, explosion, riot, hostile military
7or paramilitary action, public health emergencies, cyber
8incidents, or acts of domestic terrorism.
9    "Emergency Management" means the efforts of the State and
10the political subdivisions to develop, plan, analyze, conduct,
11provide, implement and maintain programs for disaster
12mitigation, preparedness, response and recovery.
13    "Emergency Services and Disaster Agency" means the agency
14by this name, by the name Emergency Management Agency, or by
15any other name that is established by ordinance within a
16political subdivision to coordinate the emergency management
17program within that political subdivision and with private
18organizations, other political subdivisions, the State and
19federal governments.
20    "Emergency Operations Plan" means the written plan of the
21State and political subdivisions describing the organization,
22mission, and functions of the government and supporting
23services for responding to and recovering from disasters and
24shall include plans that take into account the needs of those
25individuals with household pets and service animals following
26a major disaster or emergency.
		SB3659	- 6 -	LRB104 18339 BDA 31779 b
1    "Emergency Services" means the coordination of functions
2by the State and its political subdivisions [subdivision], other
3than functions for which military forces are primarily
4responsible, as may be necessary or proper to prevent,
5minimize, repair, and alleviate injury and damage resulting
6from any natural or technological causes. These functions
7include, without limitation, fire fighting services, police
8services, emergency aviation services, medical and health
9services, HazMat and technical rescue teams, rescue,
10engineering, warning services, communications, radiological,
11chemical and other special weapons defense, evacuation of
12persons from stricken or threatened areas, emergency assigned
13functions of plant protection, temporary restoration of public
14utility services and other functions related to civilian
15protection, together with all other activities necessary or
16incidental to protecting life or property.
17    "Exercise" means an event or activity delivered through 
18discussion or action to develop, assess, or validate 
19capabilities to achieve planned objectives [a planned event ]
20[realistically simulating a disaster, conducted for the purpose ]
21[of evaluating the political subdivision's coordinated ]
22[emergency management capabilities, including, but not limited ]
23[to, testing the emergency operations plan].
24    "HazMat team" means a career or volunteer mobile support
25team that has been authorized by a unit of local government to
26respond to hazardous materials emergencies and that is
		SB3659	- 7 -	LRB104 18339 BDA 31779 b
1primarily designed for emergency response to chemical or
2biological terrorism, radiological emergencies, hazardous
3material spills, releases, or fires, or other contamination
4events.
5    "Illinois Emergency Management Agency and Office of 
6Homeland Security" or "Agency" means the agency established by
7this Act within the executive branch of State Government
8responsible for coordination of the overall emergency
9management and homeland security programs [program] of the State
10and with private organizations, political subdivisions, and
11the federal government. Illinois Emergency Management Agency
12and Office of Homeland Security also means the State Emergency
13Response Commission responsible for the implementation of
14Title III of the Superfund Amendments and Reauthorization Act
15of 1986.
16    "Incident" means a disaster that does not rise to the
17level of a Governor-issued proclamation.
18    "Mobile Support Team" or "MST" means a group of
19individuals designated as a team by the Governor or Director
20to train prior to and to be activated, if the Governor or the
21Director so determines, to aid and reinforce the State and
22political subdivision emergency management efforts in response
23to an incident, disaster, federally declared national special
24security event, or other large public event.
25    "Municipality" means any city, village, and incorporated
26town.
		SB3659	- 8 -	LRB104 18339 BDA 31779 b
1    "Political Subdivision" means any county, city, village,
2or incorporated town or township if the township is in a county
3having a population of more than 2,000,000.
4    "Principal Executive Officer" means chair of the county
5board, supervisor of a township if the township is in a county
6having a population of more than 2,000,000, mayor of a city or
7incorporated town, president of a village, or in their absence
8or disability, the interim successor as established under
9Section 7 of the Emergency Interim Executive Succession Act.
10    "Public health emergency" means an occurrence or imminent
11threat of an illness or health condition that:
12        (a) is believed to be caused by any of the following:
13            (i) bioterrorism;
14            (ii) the appearance of a novel or previously
15        controlled or eradicated infectious agent or
16        biological toxin;
17            (iii) a natural disaster;
18            (iv) a chemical attack or accidental release; or
19            (v) a nuclear attack or accident; and
20        (b) poses a high probability of any of the following
21    harms:
22            (i) a large number of deaths in the affected
23        population;
24            (ii) a large number of serious or long-term
25        disabilities in the affected population; or
26            (iii) widespread exposure to an infectious or
		SB3659	- 9 -	LRB104 18339 BDA 31779 b
1        toxic agent that poses a significant risk of
2        substantial future harm to a large number of people in
3        the affected population.
4    "Statewide mutual aid organization" means an entity with
5local government members throughout the State that facilitates
6temporary assistance through its members in a particular
7public safety discipline, such as police, fire or emergency
8management, when an occurrence exceeds a member jurisdiction's
9capabilities.
10    "Statewide Interoperability Coordinator" or "SWIC" means 
11the position created in the Agency under Section 5.5 of this 
12Act.
13    "Technical rescue team" means a career or volunteer mobile
14support team that has been authorized by a unit of local
15government to respond to building collapse, high angle rescue,
16and other specialized rescue emergencies and that is primarily
17designated for emergency response to technical rescue events.
18(Source: P.A. 104-418, eff. 1-1-26.)
19    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
20    Sec. 5. Illinois Emergency Management Agency and Office of 
21Homeland Security.
22    (a) There is created within the executive branch of the
23State Government an Illinois Emergency Management Agency and 
24Office of Homeland Security and a Director of the Illinois
25Emergency Management Agency and Office of Homeland Security,
		SB3659	- 10 -	LRB104 18339 BDA 31779 b
1herein called the "Director" who shall be the head thereof.
2The Director shall be appointed by the Governor, with the
3advice and consent of the Senate, and shall serve for a term of
42 years beginning on the third Monday in January of the
5odd-numbered year, and until a successor is appointed and has
6qualified[; except that the term of the first Director ]
7[appointed under this Act shall expire on the third Monday in ]
8[January, 1989]. The Director shall not hold any other
9remunerative public office. [For terms beginning after January ]
10[18, 2019 (the effective date of Public Act 100-1179) and ]
11[before January 16, 2023, the annual salary of the Director ]
12[shall be as provided in Section 5-300 of the Civil ]
13[Administrative Code of Illinois.] Notwithstanding any other
14provision of law, for terms beginning on or after January 16,
152023, the Director shall receive an annual salary of $180,000
16or as set by the Governor, whichever is higher. On July 1,
172023, and on each July 1 thereafter, the Director shall
18receive an increase in salary based on a cost of living
19adjustment as authorized by Senate Joint Resolution 192 of the
2086th General Assembly.
21    For terms beginning on or after January 16, 2023, the
22Assistant Director of the [Illinois Emergency Management] Agency
23shall receive an annual salary of $156,600 or as set by the
24Governor, whichever is higher. On July 1, 2023, and on each
25July 1 thereafter, the Assistant Director shall receive an
26increase in salary based on a cost of living adjustment as
		SB3659	- 11 -	LRB104 18339 BDA 31779 b
1authorized by Senate Joint Resolution 192 of the 86th General
2Assembly.
3    (b) The [Illinois Emergency Management] Agency shall obtain,
4under the provisions of the Personnel Code, technical,
5clerical, stenographic and other administrative personnel, and
6may make expenditures within the appropriation therefor as may
7be necessary to carry out the purpose of this Act. [The agency ]
8[created by this Act is intended to be a successor to the agency ]
9[created under the Illinois Emergency Services and Disaster ]
10[Agency Act of 1975 and the personnel, equipment, records, and ]
11[appropriations of that agency are transferred to the successor ]
12[agency as of June 30, 1988 (the effective date of this Act).]
13    (c) The Director, subject to the direction and control of
14the Governor, shall be the executive head of the [Illinois ]
15[Emergency Management] Agency and the State Emergency Response
16Commission and shall be responsible under the direction of the
17Governor, for carrying out the programs [program] for emergency
18management, nuclear and radiation safety, and homeland 
19security of this State. The Director shall also maintain
20liaison and cooperate with the emergency management, nuclear 
21and radiation safety, and homeland security organizations of
22this State and other states and of the federal government.
23    (d) The [Illinois Emergency Management] Agency shall take an
24integral part in the development and revision of political
25subdivision emergency operations plans prepared under
26paragraph (f) of Section 10. To this end it shall employ or
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1otherwise secure the services of professional and technical
2personnel capable of providing expert assistance to the
3emergency services and disaster agencies. These personnel
4shall consult with emergency services and disaster agencies on
5a regular basis and shall make field examinations of the
6areas, circumstances, and conditions that particular political
7subdivision emergency operations plans are intended to apply.
8    (e) The [Illinois Emergency Management] Agency and political
9subdivisions shall be encouraged to form an emergency
10management advisory committee composed of private and public
11personnel representing the emergency management phases of
12mitigation, preparedness, response, and recovery. The Local
13Emergency Planning Committee, as created under the Illinois
14Emergency Planning and Community Right to Know Act, shall
15serve as an advisory committee to the emergency services and
16disaster agency or agencies serving within the boundaries of
17that Local Emergency Planning Committee planning district for:
18        (1) the development of emergency operations plan
19    provisions for hazardous chemical emergencies; and
20        (2) the assessment of emergency response capabilities
21    related to hazardous chemical emergencies.
22    (f) The [Illinois Emergency Management] Agency shall:
23        (1) Coordinate the overall emergency management, 
24    nuclear and radiation safety, and homeland security 
25    programs [program] of the State.
26        (2) Cooperate with local governments, the federal
		SB3659	- 13 -	LRB104 18339 BDA 31779 b
1    government, and any public or private agency or entity in
2    achieving any purpose of this Act and in implementing
3    emergency management programs for mitigation,
4    preparedness, response, and recovery.
5        (2.5) Develop a comprehensive emergency preparedness
6    and response plan for any nuclear accident in accordance
7    with Section 65 of the Nuclear Safety Law of 2004 and in
8    development of the Illinois Nuclear Safety Preparedness
9    program in accordance with Section 8 of the Illinois
10    Nuclear Safety Preparedness Act.
11        (2.6) Coordinate with the Department of Public Health
12    with respect to planning for and responding to public
13    health emergencies.
14        (3) Prepare, for issuance by the Governor, executive
15    orders, proclamations, and regulations as necessary or
16    appropriate in coping with disasters.
17        (4) Promulgate rules and requirements for political
18    subdivision emergency operations plans that are not
19    inconsistent with and are at least as stringent as
20    applicable federal laws and regulations.
21        (5) Review and approve, in accordance with [Illinois ]
22    [Emergency Management] Agency rules, emergency operations
23    plans for those political subdivisions required to have an
24    emergency services and disaster agency pursuant to this
25    Act.
26        (5.5) Promulgate rules and requirements for the
		SB3659	- 14 -	LRB104 18339 BDA 31779 b
1    political subdivision emergency management exercises,
2    including, but not limited to, exercises of the emergency
3    operations plans.
4        (5.10) Review, evaluate, and approve, in accordance
5    with [Illinois Emergency Management] Agency rules, political
6    subdivision emergency management exercises for those
7    political subdivisions required to have an emergency
8    services and disaster agency pursuant to this Act.
9        (6) Determine requirements of the State and its
10    political subdivisions for food, clothing, and other
11    necessities in event of a disaster.
12        (7) Establish a register of persons with types of
13    emergency management training and skills in mitigation,
14    preparedness, response, and recovery.
15        (8) Establish a register of government and private
16    response resources available for use in a disaster.
17        (9) Expand the Earthquake Awareness Program and its
18    efforts to distribute earthquake preparedness materials to
19    schools, political subdivisions, community groups, civic
20    organizations, and the media. Emphasis will be placed on
21    those areas of the State most at risk from an earthquake.
22    Maintain the list of all school districts, hospitals,
23    airports, power plants, including nuclear power plants,
24    lakes, dams, emergency response facilities of all types,
25    and all other major public or private structures which are
26    at the greatest risk of damage from earthquakes under
		SB3659	- 15 -	LRB104 18339 BDA 31779 b
1    circumstances where the damage would cause subsequent harm
2    to the surrounding communities and residents.
3        (10) Disseminate all information, completely and
4    without delay, on water levels for rivers and streams and
5    any other data pertaining to potential flooding supplied
6    by the Division of Water Resources within the Department
7    of Natural Resources to all political subdivisions to the
8    maximum extent possible.
9        (11) Develop agreements, if feasible, with medical
10    supply and equipment firms to supply resources as are
11    necessary to respond to an earthquake or any other
12    disaster as defined in this Act. These resources will be
13    made available upon notifying the vendor of the disaster.
14    Payment for the resources will be in accordance with
15    Section 7 of this Act. The Illinois Department of Public
16    Health shall determine which resources will be required
17    and requested.
18        (11.5) In coordination with the Illinois State Police,
19    develop and implement a community outreach program to
20    promote awareness among the State's parents and children
21    of child abduction prevention and response.
22        (12) Out of funds appropriated for these purposes,
23    award capital and non-capital grants to Illinois hospitals
24    or health care facilities located outside of a city with a
25    population in excess of 1,000,000 to be used for purposes
26    that include, but are not limited to, preparing to respond
		SB3659	- 16 -	LRB104 18339 BDA 31779 b
1    to mass casualties and disasters, maintaining and
2    improving patient safety and quality of care, and
3    protecting the confidentiality of patient information. No
4    single grant for a capital expenditure shall exceed
5    $300,000. No single grant for a non-capital expenditure
6    shall exceed $100,000. In awarding such grants, preference
7    shall be given to hospitals that serve a significant
8    number of Medicaid recipients, but do not qualify for
9    disproportionate share hospital adjustment payments under
10    the Illinois Public Aid Code. To receive such a grant, a
11    hospital or health care facility must provide funding of
12    at least 50% of the cost of the project for which the grant
13    is being requested. In awarding such grants the [Illinois ]
14    [Emergency Management] Agency shall consider the
15    recommendations of the Illinois Hospital Association.
16        (13) Do all other things necessary, incidental or
17    appropriate for the implementation of this Act.
18    (g) The [Illinois Emergency Management] Agency is authorized
19to make grants to various higher education institutions,
20public K-12 school districts, area vocational centers as
21designated by the State Board of Education, inter-district
22special education cooperatives, regional safe schools, and
23nonpublic K-12 schools for safety and security improvements.
24For the purpose of this subsection (g), "higher education
25institution" means a public university, a public community
26college, or an independent, not-for-profit or for-profit
		SB3659	- 17 -	LRB104 18339 BDA 31779 b
1higher education institution located in this State. Grants
2made under this subsection (g) shall be paid out of moneys
3appropriated for that purpose from the Build Illinois Bond
4Fund. The [Illinois Emergency Management] Agency shall adopt
5rules to implement this subsection (g). These rules may
6specify: (i) the manner of applying for grants; (ii) project
7eligibility requirements; (iii) restrictions on the use of
8grant moneys; (iv) the manner in which the various higher
9education institutions must account for the use of grant
10moneys; and (v) any other provision that the [Illinois ]
11[Emergency Management] Agency determines to be necessary or
12useful for the administration of this subsection (g).
13    (g-5) The [Illinois Emergency Management] Agency is
14authorized to make grants to not-for-profit organizations
15which are exempt from federal income taxation under section
16501(c)(3) of the Federal Internal Revenue Code for eligible
17security improvements that assist the organization in
18preventing, preparing for, or responding to threats, attacks,
19or acts of terrorism. To be eligible for a grant under the
20program, the Agency must determine that the organization is at
21a high risk of being subject to threats, attacks, or acts of
22terrorism based on the organization's profile, ideology,
23mission, or beliefs. Eligible security improvements shall
24include all eligible preparedness activities under the federal
25Nonprofit Security Grant Program, including, but not limited
26to, physical security upgrades, security training exercises,
		SB3659	- 18 -	LRB104 18339 BDA 31779 b
1preparedness training exercises, contracting with security
2personnel, and any other security upgrades deemed eligible by
3the Director. Eligible security improvements shall not
4duplicate, in part or in whole, a project included under any
5awarded federal grant or in a pending federal application. The
6Director shall establish procedures and forms by which
7applicants may apply for a grant and procedures for
8distributing grants to recipients. Any security improvements
9awarded shall remain at the physical property listed in the
10grant application, unless authorized by Agency rule or
11approved by the Agency in writing. The procedures shall
12require each applicant to do the following:
13        (1) identify and substantiate prior or current
14    threats, attacks, or acts of terrorism against the
15    not-for-profit organization;
16        (2) indicate the symbolic or strategic value of one or
17    more sites that renders the site a possible target of a
18    threat, attack, or act of terrorism;
19        (3) discuss potential consequences to the organization
20    if the site is damaged, destroyed, or disrupted by a
21    threat, attack, or act of terrorism;
22        (4) describe how the grant will be used to integrate
23    organizational preparedness with broader State and local
24    preparedness efforts, as described by the Agency in each
25    Notice of Opportunity for Funding;
26        (5) submit (i) a vulnerability assessment conducted by
		SB3659	- 19 -	LRB104 18339 BDA 31779 b
1    experienced security, law enforcement, or military
2    personnel, or conducted using an Agency-approved or
3    federal Nonprofit Security Grant Program self-assessment
4    tool, and (ii) a description of how the grant award will be
5    used to address the vulnerabilities identified in the
6    assessment; and
7        (6) submit any other relevant information as may be
8    required by the Director.
9    The Agency is authorized to use funds appropriated for the
10grant program described in this subsection (g-5) to administer
11the program. Any Agency Notice of Opportunity for Funding,
12proposed or final rulemaking, guidance, training opportunity,
13or other resource related to the grant program must be
14published on the Agency's publicly available website, and any
15announcements related to funding shall be shared with all
16State legislative offices, the Governor's office, emergency
17services and disaster agencies mandated or required pursuant
18to subsections (b) through (d) of Section 10, and any other
19State agencies as determined by the Agency. Subject to
20appropriation, the grant application period shall be open for
21no less than 45 calendar days during the first application
22cycle each fiscal year, unless the Agency determines that a
23shorter period is necessary to avoid conflicts with the annual
24federal Nonprofit Security Grant Program funding cycle.
25Additional application cycles may be conducted during the same
26fiscal year, subject to availability of funds. Upon request,
		SB3659	- 20 -	LRB104 18339 BDA 31779 b
1Agency staff shall provide reasonable assistance to any
2applicant in completing a grant application or meeting a
3post-award requirement.
4    In addition to any advance payment rules or procedures
5adopted by the Agency, the Agency shall adopt rules or
6procedures by which grantees under this subsection (g-5) may
7receive a working capital advance of initial start-up costs
8and up to 2 months of program expenses, not to exceed 25% of
9the total award amount, if, during the application process,
10the grantee demonstrates a need for funds to commence a
11project. The remaining funds must be paid through
12reimbursement after the grantee presents sufficient supporting
13documentation of expenditures for eligible activities.
14    (h) Except as provided in Section 17.5 of this Act, any
15moneys received by the Agency from donations or sponsorships
16unrelated to a disaster shall be deposited in the Emergency
17Planning and Training Fund and used by the Agency, subject to
18appropriation, to effectuate planning and training activities.
19Any moneys received by the Agency from donations during a
20disaster and intended for disaster response or recovery shall
21be deposited into the Disaster Response and Recovery Fund and
22used for disaster response and recovery pursuant to the
23Disaster Relief Act.
24    (i) The [Illinois Emergency Management] Agency may by rule
25assess and collect reasonable fees for attendance at
26Agency-sponsored conferences to enable the Agency to carry out
		SB3659	- 21 -	LRB104 18339 BDA 31779 b
1the requirements of this Act. Any moneys received under this
2subsection shall be deposited in the Emergency Planning and
3Training Fund and used by the Agency, subject to
4appropriation, for planning and training activities.
5    (j) The [Illinois Emergency Management] Agency is authorized
6to make grants to other State agencies, public universities,
7units of local government, and statewide mutual aid
8organizations to enhance statewide emergency preparedness and
9response.
10    (k) Subject to appropriation from the Emergency Planning
11and Training Fund, the Illinois Emergency Management Agency
12and Office of Homeland Security shall obtain training services
13and support for local emergency services and support for local
14emergency services and disaster agencies for training,
15exercises, and equipment related to carbon dioxide pipelines
16and sequestration, and, subject to the availability of
17funding, shall provide $5,000 per year to the Illinois Fire
18Service Institute for first responder training required under
19Section 4-615 of the Public Utilities Act. Amounts in the
20Emergency Planning and Training Fund will be used by the
21Illinois Emergency Management Agency and Office of Homeland
22Security for administrative costs incurred in carrying out the
23requirements of this subsection. To carry out the purposes of
24this subsection, the Illinois Emergency Management Agency and
25Office of Homeland Security may accept moneys from all
26authorized sources into the Emergency Planning and Training
		SB3659	- 22 -	LRB104 18339 BDA 31779 b
1Fund, including, but not limited to, transfers from the Carbon
2Dioxide Sequestration Administrative Fund and the Public
3Utility Fund.
4    (l) The Agency shall do all other things necessary,
5incidental, or appropriate for the implementation of this Act,
6including the adoption of rules in accordance with the
7Illinois Administrative Procedure Act.
8(Source: P.A. 103-418, eff. 1-1-24; 103-588, eff. 1-1-25;
9103-651, eff. 7-18-24; 103-999, eff. 1-1-25; 104-417, eff.
108-15-25.)
11    (20 ILCS 3305/5.5 new)
12    Sec. 5.5. Statewide Interoperability Coordinator (SWIC).
13    (a) The Statewide Interoperability Coordinator (SWIC) is 
14hereby created as a position within the Agency.
15    (b) The SWIC shall:
16        (1) act as the senior advisor and central coordination 
17    point for public safety communications efforts and serves 
18    as the principal policy making authority for public safety 
19    interoperable communications statewide;
20        (2) plan and implement the statewide interoperability 
21    program, guided by initiatives outlined in the National 
22    Emergency Communication Plan and Statewide Communications 
23    Interoperability Plan;
24        (3) ascertain what means exist for rapid and efficient 
25    communications in times of disaster;
		SB3659	- 23 -	LRB104 18339 BDA 31779 b
1        (4) serve as the central coordination point for the 
2    State's communications interoperability as well as the 
3    Single Point of Contact for the First Responder Network 
4    Authority and assist with mediation to achieve an 
5    interoperable communications ecosystem;
6        (5) coordinate with all emergency response leaders 
7    within State agencies, public jurisdictions, the federal 
8    government, and private entities to implement and maintain 
9    the state's strategic vision for interoperability to 
10    ensure emergency readiness;
11        (6) coordinate governing body activities to maximize 
12    integration and collaboration across the emergency 
13    communications landscape and serve as a member of the 
14    Statewide Interoperability Executive Committee or its 
15    successor entity and may act on behalf of the Statewide 
16    Interoperability Executive Committee;
17        (7) recommend regulatory changes relating to public 
18    safety communications and interoperability activities 
19    statewide;
20        (8) on behalf of the State, serve as the point of 
21    contact for the federal government and industry on issues 
22    concerning statewide interoperable communications;
23        (9) ensure federal funding for emergency 
24    communications initiatives are coordinated, align to the 
25    National Emergency Communication Plan and Statewide 
26    Communications Interoperability Plan, and are compatible 
		SB3659	- 24 -	LRB104 18339 BDA 31779 b
1    with surrounding systems;
2        (10) represent the State in national, regional, and 
3    local efforts to plan and implement changes needed to 
4    achieve interoperability and continuity of communications 
5    for emergency responders;
6        (11) ensure a comprehensive approach to public safety 
7    communications and cybersecurity across all technologies; 
8    and
9        (12) support operational communications by regularly 
10    coordinating, planning, and communicating with relevant 
11    industry, communications providers, and other 
12    stakeholders.
13    (20 ILCS 3305/6)  (from Ch. 127, par. 1056)
14    Sec. 6. Emergency Management Powers of the Governor.
15    (a) The Governor shall have general direction and control
16of the [Illinois Emergency Management] Agency and shall be
17responsible for the carrying out of the provisions of this
18Act.
19    (b) In performing duties under this Act, the Governor is
20authorized to cooperate with the federal government and with
21other states in all matters pertaining to emergency
22management, nuclear and radiation safety, and homeland 
23security.
24    (c) In performing duties under this Act, the Governor is
25further authorized:
		SB3659	- 25 -	LRB104 18339 BDA 31779 b
1        (1) To make, amend, and rescind all lawful necessary
2    orders, rules, and regulations to carry out the provisions
3    of this Act within the limits of the authority conferred
4    upon the Governor.
5        (2) To cause to be prepared a comprehensive plan and
6    programs [program] for the emergency management, nuclear and 
7    radiation safety, and homeland security of this State,
8    which plan and program shall be integrated into and
9    coordinated with emergency management, nuclear and 
10    radiation safety, and homeland security plans and programs
11    of the federal government and of other states whenever
12    possible and which plan and program may include:
13            a. Mitigation of injury and damage caused by
14        disaster.
15            b. Prompt and effective response to disaster.
16            c. Emergency relief.
17            d. Identification of areas particularly vulnerable
18        to disasters.
19            e. Recommendations for zoning, building, and other
20        land-use controls, safety measures for securing
21        permanent structures and other mitigation measures
22        designed to eliminate or reduce disasters or their
23        impact.
24            f. Assistance to political subdivisions in
25        designing emergency operations plans.
26            g. Authorization and procedures for the erection
		SB3659	- 26 -	LRB104 18339 BDA 31779 b
1        or other construction of temporary works designed to
2        mitigate danger, damage or loss from flood, or other
3        disaster.
4            h. Preparation and distribution to the appropriate
5        State and political subdivision officials of a State
6        catalog of federal, State, and private assistance
7        programs.
8            i. Organization of State personnel and chains of
9        command.
10            j. Coordination of federal, State, and political
11        subdivision emergency management, nuclear and 
12        radiation safety, and homeland security activities.
13            k. Other necessary matters.
14        (3) In accordance with the plans and programs [plan and ]
15    [program] for the emergency management, nuclear and 
16    radiation safety, and homeland security of this State, and
17    out of funds appropriated for these purposes, to procure
18    and preposition supplies, medicines, materials and
19    equipment, to institute training programs and public
20    information programs, and to take all other preparatory
21    steps including the partial or full mobilization of MSTs
22    and emergency services and disaster agencies to insure the
23    furnishing of adequately trained and equipped forces for
24    incidents, disasters, federally declared national special
25    security events, and other large public events.
26        (4) Out of funds appropriated for these purposes, to
		SB3659	- 27 -	LRB104 18339 BDA 31779 b
1    make studies and surveys of the industries, resources, and
2    facilities in this State as may be necessary to ascertain
3    the capabilities of the State for emergency management
4    phases of mitigation, preparedness, response, and recovery
5    and to plan for the most efficient emergency use thereof.
6        (5) On behalf of this State, to negotiate for and
7    submit to the General Assembly for its approval or
8    rejection reciprocal mutual aid agreements or compacts
9    with other states, either on a statewide or political
10    subdivision basis. The agreements or compacts, shall be
11    limited to the furnishing or exchange of food, clothing,
12    medical or other supplies, engineering and police
13    services; emergency housing and feeding; National and
14    State Guards while under the control of the State; health,
15    medical, and related services; fire fighting, rescue,
16    transportation, communication, and construction services
17    and equipment, provided, however, that if the General
18    Assembly be not in session and the Governor has not
19    proclaimed the existence of a disaster under this Section,
20    then the agreements or compacts shall instead be submitted
21    to an Interim Committee on Emergency Management composed
22    of 5 Senators appointed by the President of the Senate and
23    of 5 Representatives appointed by the Speaker of the
24    House, during the month of June of each odd-numbered year
25    to serve for a 2 year term, beginning July 1 of that year,
26    and until their successors are appointed and qualified, or
		SB3659	- 28 -	LRB104 18339 BDA 31779 b
1    until termination of their legislative service, whichever
2    first occurs. Vacancies shall be filled by appointment for
3    the unexpired term in the same manner as original
4    appointments. All appointments shall be made in writing
5    and filed with the Secretary of State as a public record.
6    The Committee shall have the power to approve or reject
7    any agreements or compacts for and on behalf of the
8    General Assembly; and, provided further, that an
9    affirmative vote of 2/3 of the members of the Committee
10    shall be necessary for the approval of any agreement or
11    compact.
12(Source: P.A. 104-418, eff. 1-1-26.)
13    (20 ILCS 3305/7)  (from Ch. 127, par. 1057)
14    Sec. 7. Emergency Powers of the Governor. In the event of a
15disaster, as defined in Section 4, the Governor may, by
16proclamation declare that a disaster exists. Upon such
17proclamation, the Governor shall have and may exercise for a
18period not to exceed 30 days the following emergency powers;
19provided, however, that the lapse of the emergency powers
20shall not, as regards any act or acts occurring or committed
21within the 30-day period, deprive any person, firm,
22corporation, political subdivision, or body politic of any
23right or rights to compensation or reimbursement which he,
24she, it, or they may have under the provisions of this Act:
25        (1) To suspend the provisions of any regulatory
		SB3659	- 29 -	LRB104 18339 BDA 31779 b
1    statute prescribing procedures for conduct of State
2    business, or the orders, rules and regulations of any
3    State agency, if strict compliance with the provisions of
4    any statute, order, rule, or regulation would in any way
5    prevent, hinder or delay necessary action, including
6    emergency purchases, by the [Illinois Emergency Management]
7    Agency, in coping with the disaster.
8        (2) To utilize all available resources of the State
9    government as reasonably necessary to cope with the
10    disaster and of each political subdivision of the State.
11        (3) To transfer the direction, personnel or functions
12    of State departments and agencies or units thereof for the
13    purpose of performing or facilitating disaster response
14    and recovery programs.
15        (4) On behalf of this State to take possession of, and
16    to acquire full title or a lesser specified interest in,
17    any personal property as may be necessary to accomplish
18    the objectives set forth in Section 2 of this Act,
19    including: airplanes, automobiles, trucks, trailers,
20    buses, and other vehicles; coal, oils, gasoline, and other
21    fuels and means of propulsion; explosives, materials,
22    equipment, and supplies; animals and livestock; feed and
23    seed; food and provisions for humans and animals; clothing
24    and bedding; and medicines and medical and surgical
25    supplies; and to take possession of and for a limited
26    period occupy and use any real estate necessary to
		SB3659	- 30 -	LRB104 18339 BDA 31779 b
1    accomplish those objectives; but only upon the undertaking
2    by the State to pay just compensation therefor as in this
3    Act provided, and then only under the following
4    provisions:
5            a. The Governor, or the person or persons as the
6        Governor may authorize so to do, may forthwith take
7        possession of property for and on behalf of the State;
8        provided, however, that the Governor or persons shall
9        simultaneously with the taking, deliver to the owner
10        or his or her agent, if the identity of the owner or
11        agency is known or readily ascertainable, a signed
12        statement in writing, that shall include the name and
13        address of the owner, the date and place of the taking,
14        description of the property sufficient to identify it,
15        a statement of interest in the property that is being
16        so taken, and, if possible, a statement in writing,
17        signed by the owner, setting forth the sum that he or
18        she is willing to accept as just compensation for the
19        property or use. Whether or not the owner or agent is
20        known or readily ascertainable, a true copy of the
21        statement shall promptly be filed by the Governor or
22        the person with the Director, who shall keep the
23        docket of the statements. In cases where the sum that
24        the owner is willing to accept as just compensation is
25        less than $1,000, copies of the statements shall also
26        be filed by the Director with, and shall be passed upon
		SB3659	- 31 -	LRB104 18339 BDA 31779 b
1        by an Emergency Management Claims Commission,
2        consisting of 3 disinterested citizens who shall be
3        appointed by the Governor, by and with the advice and
4        consent of the Senate, within 20 days after the
5        Governor's declaration of a disaster, and if the sum
6        fixed by them as just compensation be less than $1,000
7        and is accepted in writing by the owner, then the State
8        Treasurer out of funds appropriated for these
9        purposes, shall, upon certification thereof by the
10        Emergency Management Claims Commission, cause the sum
11        so certified forthwith to be paid to the owner. The
12        Emergency Management Claims Commission is hereby given
13        the power to issue appropriate subpoenas and to
14        administer oaths to witnesses and shall keep
15        appropriate minutes and other records of its actions
16        upon and the disposition made of all claims.
17            b. When the compensation to be paid for the taking
18        or use of property or interest therein is not or cannot
19        be determined and paid under item a of this paragraph
20        (4), a petition in the name of The People of the State
21        of Illinois shall be promptly filed by the Director,
22        which filing may be enforced by mandamus, in the
23        circuit court of the county where the property or any
24        part thereof was located when initially taken or used
25        under the provisions of this Act praying that the
26        amount of compensation to be paid to the person or
		SB3659	- 32 -	LRB104 18339 BDA 31779 b
1        persons interested therein be fixed and determined.
2        The petition shall include a description of the
3        property that has been taken, shall state the physical
4        condition of the property when taken, shall name as
5        defendants all interested parties, shall set forth the
6        sum of money estimated to be just compensation for the
7        property or interest therein taken or used, and shall
8        be signed by the Director. The litigation shall be
9        handled by the Attorney General for and on behalf of
10        the State.
11            c. Just compensation for the taking or use of
12        property or interest therein shall be promptly
13        ascertained in proceedings and established by judgment
14        against the State, that shall include, as part of the
15        just compensation so awarded, interest at the rate of
16        6% per annum on the fair market value of the property
17        or interest therein from the date of the taking or use
18        to the date of the judgment; and the court may order
19        the payment of delinquent taxes and special
20        assessments out of the amount so awarded as just
21        compensation and may make any other orders with
22        respect to encumbrances, rents, insurance, and other
23        charges, if any, as shall be just and equitable.
24        (5) When required by the exigencies of the disaster,
25    to sell, lend, rent, give, or distribute all or any part of
26    property so or otherwise acquired to the inhabitants of
		SB3659	- 33 -	LRB104 18339 BDA 31779 b
1    this State, or to political subdivisions of this State,
2    or, under the interstate mutual aid agreements or compacts
3    as are entered into under the provisions of subparagraph
4    (5) of paragraph (c) of Section 6 to other states, and to
5    account for and transmit to the State Treasurer all funds,
6    if any, received therefor.
7        (6) To recommend the evacuation of all or part of the
8    population from any stricken or threatened area within the
9    State if the Governor deems this action necessary.
10        (7) To prescribe routes, modes of transportation, and
11    destinations in connection with evacuation.
12        (8) To control ingress and egress to and from a
13    disaster area, the movement of persons within the area,
14    and the occupancy of premises therein.
15        (9) To suspend or limit the sale, dispensing, or
16    transportation of alcoholic beverages, firearms,
17    explosives, and combustibles.
18        (10) To make provision for the availability and use of
19    temporary emergency housing.
20        (11) A proclamation of a disaster shall activate the
21    State Emergency Operations Plan, and political subdivision
22    emergency operations plans applicable to the political
23    subdivision or area in question and be authority for the
24    deployment and use of any forces that the plan or plans
25    apply and for use or distribution of any supplies,
26    equipment, and materials and facilities assembled,
		SB3659	- 34 -	LRB104 18339 BDA 31779 b
1    stockpiled or arranged to be made available under this Act
2    or any other provision of law relating to disasters.
3        (12) Control, restrict, and regulate by rationing,
4    freezing, use of quotas, prohibitions on shipments, price
5    fixing, allocation or other means, the use, sale or
6    distribution of food, feed, fuel, clothing and other
7    commodities, materials, goods, or services; and perform
8    and exercise any other functions, powers, and duties as
9    may be necessary to promote and secure the safety and
10    protection of the civilian population.
11        (13) During the continuance of any disaster the
12    Governor is commander-in-chief of the organized and
13    unorganized militia and of all other forces available for
14    emergency duty. To the greatest extent practicable, the
15    Governor shall delegate or assign authority to the
16    Director to manage, coordinate, and direct all resources
17    by orders issued at the time of the disaster.
18        (14) Prohibit increases in the prices of goods and
19    services during a disaster.
20(Source: P.A. 102-485, eff. 8-20-21.)
21    (20 ILCS 3305/8)  (from Ch. 127, par. 1058)
22    Sec. 8. Mobile support teams; mutual aid.
23    (a) The Governor or Director, on behalf of the Governor,
24may enter into agreements with local governments, the federal
25government, tribal governments, and any public or private
		SB3659	- 35 -	LRB104 18339 BDA 31779 b
1agency or entity in achieving any purpose of this Act and in
2implementing emergency management programs for mitigation,
3preparedness, response, and recovery.
4    (b) The Governor or Director may activate mobile support
5teams (MSTs) to aid and reinforce the [Illinois Emergency ]
6[Management] Agency [and Office of Homeland Security,] and
7emergency services and disaster agencies in this State or
8out-of-state pursuant to the Emergency Management Assistance
9Compact, as ratified in the Emergency Management Assistance
10Compact Act, for incidents, disasters, federally declared
11national special security events, and other large public
12events.
13    (c) Each mobile support team shall have a leader or
14leadership group, who will be responsible for the
15organization, administration, training, and general operation
16of the mobile support team.
17    (d) While activated on behalf of the State, the MST shall
18report to the Director or designee as the Director retains
19operational control of MSTs even if they have been tasked to
20support emergency services and disaster agencies.
21    (e) Personnel of an MST while activated by the Governor or
22Director or while engaged in State-approved or State-sponsored
23training or exercises, whether within or without the State,
24shall:
25        (1) If they are paid employees of the State, have the
26    powers, duties, rights, privileges and immunities and
		SB3659	- 36 -	LRB104 18339 BDA 31779 b
1    receive the compensation incidental to their employment.
2        (2) If they are paid employees of a political
3    subdivision or body politic of this State, and whether
4    serving within or without that political subdivision or
5    body politic, have the powers, duties, rights, privileges
6    and immunities, and receive the compensation incidental to
7    their employment.
8        (3) If they are not employees of the State, political
9    subdivision or body politic, or being such employees, are
10    not normally paid for their services, be entitled to at
11    least one dollar per year compensation from the State.
12    (f) All personnel of MSTs may, while activated by the
13Governor or Director, be reimbursed by this State for all
14actual and necessary travel and subsistence expenses related
15to their activation.
16    (g) Personnel of a mobile support team who suffer disease,
17injury or death, while activated by the Governor or Director,
18shall for the purposes of benefits under the Workers'
19Compensation Act or Workers' Occupational Diseases Act only,
20be deemed to be employees of this State. If the person
21diseased, injured or killed is an employee described in item
22(3) of subsection (e), the computation of benefits payable
23under either of those Acts shall be based on income
24commensurate with comparable State employees doing the same
25type of work or income from the person's regular employment,
26whichever is greater.
		SB3659	- 37 -	LRB104 18339 BDA 31779 b
1    (h) In lieu of subsection (f), the State may, by
2agreement, reimburse each political subdivision or body
3politic from the Disaster Response and Recovery Fund, or from
4other funding determined by the State, for the compensation
5paid and the actual and necessary travel and subsistence
6expenses of paid employees of the political subdivision or
7body politic while serving, outside of its geographical
8boundaries on behalf of the State, as members of an MST, and
9for all payments made for death, disease or injury of those
10paid employees arising out of and incurred in the course of
11that duty, and for all losses of or damage to supplies and
12equipment of the political subdivision or body politic
13resulting from the operations.
14    (i) Whenever activated MSTs or units of another state
15operating under orders of the Governor of their home state,
16render aid to this State, all questions relating to
17reimbursement by this State in regard to the assistance
18rendered shall be determined by the mutual aid agreements, MST
19agreements, or interstate compacts described in subparagraph
20(5) of paragraph (c) of Section 6 as are existing at the time
21of the assistance rendered, pursuant to the Emergency
22Management Assistance Compact as ratified in the Emergency
23Management Assistance Compact Act, as are entered into
24thereafter.
25    (j) No personnel of MSTs of this State may be ordered by
26the Governor or Director to operate in any other state unless a
		SB3659	- 38 -	LRB104 18339 BDA 31779 b
1request for the same has been made by the Governor or duly
2authorized representative of the other state pursuant to the
3Emergency Management Assistance Compact, as ratified in the
4Emergency Management Assistance Compact Act, or a successor
5law.
6    (k) All expenses and compensation reimbursed under this
7Section may be provided from the Disaster Response and
8Recovery Fund or other funding determined by the State. The
9mutual aid agreement shall specify the manner and method in
10which compensation shall be paid.
11(Source: P.A. 104-418, eff. 1-1-26.)
12    (20 ILCS 3305/10)  (from Ch. 127, par. 1060)
13    Sec. 10. Emergency Services and Disaster Agencies.
14    (a) Each political subdivision within this State shall be
15within the jurisdiction of and served by the [Illinois ]
16[Emergency Management] Agency and by an emergency services and
17disaster agency responsible for emergency management programs.
18A township, if the township is in a county having a population
19of more than 2,000,000, must have approval of the county
20coordinator before establishment of a township emergency
21services and disaster agency.
22    (b) Unless multiple county emergency services and disaster
23agency consolidation is authorized by the [Illinois Emergency ]
24[Management] Agency with the consent of the respective counties,
25each county shall maintain an emergency services and disaster
		SB3659	- 39 -	LRB104 18339 BDA 31779 b
1agency that has jurisdiction over and serves the entire
2county, except as otherwise provided under this Act and except
3that in any county with a population of over 3,000,000
4containing a municipality with a population of over 500,000
5the jurisdiction of the county agency shall not extend to the
6municipality when the municipality has established its own
7agency.
8    (c) Each municipality with a population of over 500,000
9shall maintain an emergency services and disaster agency which
10has jurisdiction over and serves the entire municipality. A
11municipality with a population less than 500,000 may
12establish, by ordinance, an agency or department responsible
13for emergency management within the municipality's corporate
14limits.
15    (d) The Governor shall determine which municipal
16corporations, other than those specified in paragraph (c) of
17this Section, need emergency services and disaster agencies of
18their own and require that they be established and maintained.
19The Governor shall make these determinations on the basis of
20the municipality's disaster vulnerability and capability of
21response related to population size and concentration. The
22emergency services and disaster agency of a county or
23township, shall not have a jurisdiction within a political
24subdivision having its own emergency services and disaster
25agency, but shall cooperate with the emergency services and
26disaster agency of a city, village or incorporated town within
		SB3659	- 40 -	LRB104 18339 BDA 31779 b
1their borders. The [Illinois Emergency Management] Agency shall
2publish and furnish a current list to the municipalities
3required to have an emergency services and disaster agency
4under this subsection.
5    (e) Each municipality that is not required to and does not
6have an emergency services and disaster agency shall have a
7liaison officer designated to facilitate the cooperation and
8protection of that municipal corporation with the county
9emergency services and disaster agency in which it is located
10in the work of disaster mitigation, preparedness, response,
11and recovery.
12    (f) The principal executive officer or his or her designee
13of each political subdivision in the State shall annually
14notify the [Illinois Emergency Management] Agency of the manner
15in which the political subdivision is providing or securing
16emergency management, identify the executive head of the
17agency or the department from which the service is obtained,
18or the liaison officer in accordance with subsection (e)
19[paragraph (d) of this Section] and furnish additional
20information relating thereto as the [Illinois Emergency ]
21[Management] Agency requires.
22    (g) Each emergency services and disaster agency shall
23prepare an emergency operations plan for its geographic
24boundaries that complies with planning, review, and approval
25standards promulgated by the [Illinois Emergency Management]
26Agency. The [Illinois Emergency Management] Agency shall
		SB3659	- 41 -	LRB104 18339 BDA 31779 b
1determine which jurisdictions will be required to include
2earthquake preparedness in their local emergency operations
3plans.
4    (h) The emergency services and disaster agency shall
5prepare and distribute to all appropriate officials in written
6form a clear and complete statement of the emergency
7responsibilities of all local departments and officials and of
8the disaster chain of command.
9    (i) Each emergency services and disaster agency shall have
10a Coordinator who shall be appointed by the principal
11executive officer of the political subdivision in the same
12manner as are the heads of regular governmental departments.
13If the political subdivision is a county and the principal
14executive officer appoints the sheriff as the Coordinator, the
15sheriff may, in addition to his or her regular compensation,
16receive compensation at the same level as provided in Article 
173 of the Counties Code [Section 3 of "An Act in relation to the ]
18[regulation of motor vehicle traffic and the promotion of ]
19[safety on public highways in counties", approved August 9, ]
20[1951, as amended]. The Coordinator shall have direct
21responsibility for the organization, administration, training,
22and operation of the emergency services and disaster agency,
23subject to the direction and control of that principal
24executive officer. Each emergency services and disaster agency
25shall coordinate and may perform emergency management
26functions within the territorial limits of the political
		SB3659	- 42 -	LRB104 18339 BDA 31779 b
1subdivision within which it is organized as are prescribed in
2and by the State Emergency Operations Plan, and programs,
3orders, rules and regulations as may be promulgated by the
4[Illinois Emergency Management] Agency and by local ordinance
5and, in addition, shall conduct such functions outside of
6those territorial limits as may be required under mutual aid
7agreements and compacts as are entered into under subparagraph
8(5) of paragraph (c) of Section 6.
9    (j) In carrying out the provisions of this Act, each
10political subdivision may enter into contracts and incur
11obligations necessary to place it in a position effectively to
12combat the disasters as are described in Section 4, to protect
13the health and safety of persons, to protect property, and to
14provide emergency assistance to victims of those disasters. If
15a disaster occurs, each political subdivision may exercise the
16powers vested under this Section in the light of the
17exigencies of the disaster and, excepting mandatory
18constitutional requirements, without regard to the procedures
19and formalities normally prescribed by law pertaining to the
20performance of public work, entering into contracts, the
21incurring of obligations, the employment of temporary workers,
22the rental of equipment, the purchase of supplies and
23materials, and the appropriation, expenditure, and disposition
24of public funds and property.
25    (k) Volunteers who, while engaged in a disaster, an
26exercise, training related to the emergency operations plan of
		SB3659	- 43 -	LRB104 18339 BDA 31779 b
1the political subdivision, or a search-and-rescue team
2response to an occurrence or threat of injury or loss of life
3that is beyond local response capabilities, suffer disease,
4injury or death, shall, for the purposes of benefits under the
5Workers' Compensation Act or Workers' Occupational Diseases
6Act only, be deemed to be employees of the State, if: (1) the
7claimant is a duly qualified and enrolled (sworn in) as a
8volunteer of the [Illinois Emergency Management] Agency or an
9emergency services and disaster agency accredited by the
10[Illinois Emergency Management] Agency, and (2) if: (i) the
11claimant was participating in a disaster as defined in Section
124 of this Act, (ii) the exercise or training participated in
13was specifically and expressly approved by the [Illinois ]
14[Emergency Management] Agency prior to the exercise or training,
15or (iii) the search-and-rescue team response was to an
16occurrence or threat of injury or loss of life that was beyond
17local response capabilities and was specifically and expressly
18approved by the [Illinois Emergency Management] Agency prior to
19the search-and-rescue team response. The computation of
20benefits payable under either of those Acts shall be based on
21the income commensurate with comparable State employees doing
22the same type work or income from the person's regular
23employment, whichever is greater.
24    Volunteers who are working under the direction of an
25emergency services and disaster agency accredited by the
26[Illinois Emergency Management] Agency, pursuant to a plan
		SB3659	- 44 -	LRB104 18339 BDA 31779 b
1approved by the [Illinois Emergency Management] Agency (i)
2during a disaster declared by the Governor under Section 7 of
3this Act, or (ii) in circumstances otherwise expressly
4approved by the [Illinois Emergency Management] Agency, shall be
5deemed exclusively employees of the State for purposes of
6Section 8(d) of the Court of Claims Act, provided that the
7[Illinois Emergency Management] Agency may, in coordination with
8the emergency services and disaster agency, audit
9implementation for compliance with the plan.
10    (l) If any person who is entitled to receive benefits
11through the application of this Section receives, in
12connection with the disease, injury or death giving rise to
13such entitlement, benefits under an Act of Congress or federal
14program, benefits payable under this Section shall be reduced
15to the extent of the benefits received under that other Act or
16program.
17    (m) (1) Prior to conducting an exercise, the principal
18    executive officer of a political subdivision or his or her
19    designee shall provide area media with written
20    notification of the exercise. The notification shall
21    indicate that information relating to the exercise shall
22    not be released to the public until the commencement of
23    the exercise. The notification shall also contain a
24    request that the notice be so posted to ensure that all
25    relevant media personnel are advised of the exercise
26    before it begins.
		SB3659	- 45 -	LRB104 18339 BDA 31779 b
1        (2) During the conduct of an exercise, all messages,
2    two-way radio communications, briefings, status reports,
3    news releases, and other oral or written communications
4    shall begin and end with the following statement: "This is
5    an exercise message".
6(Source: P.A. 94-733, eff. 4-27-06.)
7    (20 ILCS 3305/12)  (from Ch. 127, par. 1062)
8    Sec. 12. Testing of Disaster Warning Devices. The testing
9of disaster warning devices including outdoor warning sirens
10shall be held only on the first Tuesday of each month at 10
11o'clock in the morning or during exercises that are
12specifically and expressly approved in advance by the [Illinois ]
13[Emergency Management] Agency.
14(Source: P.A. 92-73, eff. 1-1-02.)
15    (20 ILCS 3305/14)  (from Ch. 127, par. 1064)
16    Sec. 14. Communications. The [Illinois Emergency Management]
17Agency shall ascertain what means exist for rapid and
18efficient communications in times of disaster. The [Illinois ]
19[Emergency Management] Agency shall consider the desirability of
20supplementing these communications resources or of integrating
21them into a comprehensive State or State-Federal
22telecommunications or other communications system or network.
23In studying the character and feasibility of any system or its
24several parts, the [Illinois Emergency Management] Agency shall
		SB3659	- 46 -	LRB104 18339 BDA 31779 b
1evaluate the possibility of multipurpose use thereof for
2general State and political subdivision purposes. The [Illinois ]
3[Emergency Management] Agency may promulgate rules to establish
4policies and procedures relating to telecommunications and the
5continuation of rapid and efficient communications in times of
6disaster to the extent authorized by any provision of this Act
7or other laws and regulations. The [Illinois Emergency ]
8[Management] Agency shall make recommendations to the Governor
9as appropriate.
10(Source: P.A. 86-755; 87-168.)
11    (20 ILCS 3305/18)  (from Ch. 127, par. 1068)
12    Sec. 18. Orders, Rules and Regulations.
13    (a) The Governor shall file a copy of every rule,
14regulation or order, and any amendment thereof made by the
15Governor under the provisions of this Act in the office of the
16Secretary of State. Upon [No rule, regulation or order, or any ]
17[amendment thereof shall be effective until 10 days after the ]
18[filing, provided, however, that upon] the declaration of a
19disaster by the Governor as is described in Section 7 the
20provision relating to the effective date of any rule,
21regulation, order or amendment issued under this Act and
22during the state of disaster is abrogated, and the rule,
23regulation, order or amendment shall become effective
24immediately upon being filed with the Secretary of State
25accompanied by a certificate stating the reason as required by
		SB3659	- 47 -	LRB104 18339 BDA 31779 b
1the Illinois Administrative Procedure Act.
2    (b) Every emergency services and disaster agency
3established pursuant to this Act and the coordinators thereof
4shall execute and enforce the orders, rules and regulations as
5may be made by the Governor under authority of this Act. Each
6emergency services and disaster agency shall have available
7for inspection at its office all orders, rules and regulations
8made by the Governor, or under the Governor's authority. The
9[Illinois Emergency Management] Agency shall publish [furnish] on
10the Agency's [Department's] website the orders, rules and
11regulations [to each such emergency services and disaster ]
12[agency]. Upon the written request of an emergency services or
13disaster agency, copies thereof shall be mailed to the
14emergency services or disaster agency.
15(Source: P.A. 98-44, eff. 6-28-13.)
16    (20 ILCS 3305/20)  (from Ch. 127, par. 1070)
17    Sec. 20. Oath.
18    (a) Each person, whether compensated or noncompensated,
19who is appointed to serve in any capacity in, or on behalf of,
20the [Illinois Emergency Management] Agency [and Office of ]
21[Homeland Security (IEMA-OHS)] or an emergency services and
22disaster agency, shall, before entering upon duties, take an
23oath in writing.
24    (b) The oath shall be administered before the Director of
25IEMA-OHS (or a designee authorized in writing by the
		SB3659	- 48 -	LRB104 18339 BDA 31779 b
1Director), the coordinator of the respective emergency
2services and disaster agency, or persons authorized to
3administer oaths in this State pursuant to the Oaths an
4Affirmations Act.
5    The oath may be administered through live video technology
6or other electronic means; however, the signed oath shall be
7filed with IEMA-OHS or with the emergency services and
8disaster agency with which the person shall serve and which
9oath shall be substantially as follows:
10    "I, _______________, do solemnly swear (or affirm) that I
11will support and defend and bear true faith and allegiance to
12the Constitution of the United States and the Constitution of
13the State of Illinois, and the territory, institutions and
14facilities thereof, both public and private, against all
15enemies, foreign and domestic; that I take this obligation
16freely, without any mental reservation or purpose of evasion;
17and that I will well and faithfully discharge the duties upon
18which I am about to enter. And I do further swear (or affirm)
19that I do not advocate, nor am I, nor have I been a member of
20any political party or organization that advocates the
21overthrow of the government of the United States or of this
22State by force or violence; and that during such time as I am
23affiliated with the (name of emergency preparedness
24organization), I will not advocate nor become a member or an
25affiliate of any organization, group, or combination of
26persons that advocates the overthrow of the government of the
		SB3659	- 49 -	LRB104 18339 BDA 31779 b
1United States or of this State by force or violence."
2(Source: P.A. 104-418, eff. 1-1-26.)
3    (20 ILCS 3305/23)
4    (Section scheduled to be repealed on January 1, 2032)
5    Sec. 23. Access and Functional Needs Advisory Committee.
6    (a) In this Section, "Advisory Committee" means the Access
7and Functional Needs Advisory Committee.
8    (b) The Access and Functional Needs Advisory Committee is
9created.
10    (c) The Advisory Committee shall:
11        (1) Coordinate meetings occurring, at a minimum, 3
12    times each year, in addition to emergency meetings called
13    by the chairperson of the Advisory Committee.
14        (2) Research and provide recommendations for
15    identifying and effectively responding to the needs of
16    persons with access and functional needs before, during,
17    and after a disaster using an intersectional lens for
18    equity.
19        (3) Provide recommendations to the [Illinois Emergency ]
20    [Management] Agency regarding how to ensure that persons
21    with a disability are included in disaster strategies and
22    emergency management plans, including updates and
23    implementation of disaster strategies and emergency
24    management plans.
25        (4) Review and provide recommendations for the
		SB3659	- 50 -	LRB104 18339 BDA 31779 b
1    [Illinois Emergency Management] Agency, and all relevant
2    State agencies that are involved in drafting and
3    implementing the Illinois Emergency Operation Plan, to
4    integrate access and functional needs into State and local
5    emergency operations plans.
6    (d) The Advisory Committee shall be composed of the
7Director of the [Illinois Emergency Management] Agency or his or
8her designee, the Attorney General or his or her designee, the
9Secretary of Human Services or his or her designee, the
10Director of Aging or his or her designee, and the Director of
11Public Health or his or her designee, together with the
12following members appointed by the Governor [on or before ]
13[January 1, 2022]:
14        (1) Two members, either from a municipal or
15    county-level emergency agency or a local emergency
16    management coordinator.
17        (2) Nine members from the community of persons with a
18    disability who represent persons with different types of
19    disabilities, including, but not limited to, individuals
20    with mobility and physical disabilities, hearing and
21    visual disabilities, deafness or who are hard of hearing,
22    blindness or who have low vision, mental health
23    disabilities, and intellectual or developmental
24    disabilities. Members appointed under this paragraph shall
25    reflect a diversity of age, gender, race, and ethnic
26    background.
		SB3659	- 51 -	LRB104 18339 BDA 31779 b
1        (3) Four members who represent first responders from
2    different geographical regions around the State.
3    (e) Of those members appointed by the Governor, the
4initial appointments of 6 members shall be for terms of 2 years
5and the initial appointments of 5 members shall be for terms of
64 years. Thereafter, members shall be appointed for terms of 4
7years. A member shall serve until his or her successor is
8appointed and qualified. If a vacancy occurs in the Advisory
9Committee membership, the vacancy shall be filled in the same
10manner as the original appointment for the remainder of the
11unexpired term.
12    (f) After all the members are appointed, and annually
13thereafter, they shall elect a chairperson from among the
14members appointed under paragraph (2) of subsection (d).
15    (g) (Blank). [The initial meeting of the Advisory Committee ]
16[shall be convened by the Director of the Illinois Emergency ]
17[Management Agency no later than February 1, 2022.]
18    (h) Advisory Committee members shall serve without
19compensation.
20    (i) The [Illinois Emergency Management] Agency shall provide
21administrative support to the Advisory Committee.
22    (j) The Advisory Committee shall prepare and deliver a
23report to the General Assembly, the Governor's Office, and the
24[Illinois Emergency Management] Agency by July 1[, 2022, and]
25annually [thereafter]. The report shall include the following:
26        (1) Identification of core emergency management
		SB3659	- 52 -	LRB104 18339 BDA 31779 b
1    services that need to be updated or changed to ensure the
2    needs of persons with a disability are met, and shall
3    include disaster strategies in State and local emergency
4    plans.
5        (2) Any proposed changes in State policies, laws,
6    rules, or regulations necessary to fulfill the purposes of
7    this Act.
8        (3) Recommendations on improving the accessibility and
9    effectiveness of disaster and emergency communication.
10        (4) Recommendations on comprehensive training for
11    first responders and other frontline workers when working
12    with persons with a disability during emergency situations
13    or disasters, as defined in Section 4 of the [Illinois ]
14    [Emergency Management] Agency Act.
15        (5) Any additional recommendations regarding emergency
16    management and persons with a disability that the Advisory
17    Committee deems necessary.
18    (k) The annual report prepared and delivered under
19subsection (j) shall be annually considered by the Illinois
20Emergency Management Agency when developing new State and
21local emergency plans or updating existing State and local
22emergency plans.
23    (l) The Advisory Committee is dissolved and this Section
24is repealed on January 1, 2032.
25(Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21;
26103-154, eff. 6-30-23.)
		SB3659	- 53 -	LRB104 18339 BDA 31779 b
1    Section 99. Effective date. This Act takes effect upon
2becoming law.