Bill Text: IL HB3485 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Illinois Emergency Management Agency Act. Changes the name of the Act to the IEMA-OHS Act. Makes conforming changes and adds references to homeland security and the Office of Homeland Security within the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS) throughout the Act. Adds and changes definitions. Deletes provisions regarding certain salaries in previous years. In provisions listing responsibilities of IEMA-OHS, adds responsibilities regarding nuclear and radiation safety and homeland security. Provides for the appointment of a Homeland Security Advisor with the advice and consent of the Senate, as well as discretionary Deputy Homeland Security Advisors, with other requirements. Establishes the Illinois Homeland Security Advisory Council, with certain requirements. Creates the Illinois Cybersecurity Commission, with certain requirements. Creates the position of Statewide Interoperability Coordinator. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-07 - Filed with the Clerk by Rep. Rita Mayfield [HB3485 Detail]

Download: Illinois-2025-HB3485-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3485 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
20 ILCS 3305/1 from Ch. 127, par. 1051
20 ILCS 3305/2 from Ch. 127, par. 1052
20 ILCS 3305/4 from Ch. 127, par. 1054
20 ILCS 3305/5 from Ch. 127, par. 1055
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 3305/17.8
20 ILCS 3305/18 from Ch. 127, par. 1068
20 ILCS 3305/20 from Ch. 127, par. 1070
20 ILCS 3305/23
20 ILCS 3305/24 new
20 ILCS 3305/26 new
20 ILCS 3305/27 new
Amends the Illinois Emergency Management Agency Act. Changes the name of the Act to the IEMA-OHS Act. Makes conforming changes and adds references to homeland security and the Office of Homeland Security within the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS) throughout the Act. Adds and changes definitions. Deletes provisions regarding certain salaries in previous years. In provisions listing responsibilities of IEMA-OHS, adds responsibilities regarding nuclear and radiation safety and homeland security. Provides for the appointment of a Homeland Security Advisor with the advice and consent of the Senate, as well as discretionary Deputy Homeland Security Advisors, with other requirements. Establishes the Illinois Homeland Security Advisory Council, with certain requirements. Creates the Illinois Cybersecurity Commission, with certain requirements. Creates the position of Statewide Interoperability Coordinator. Makes other changes.
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A BILL FOR
HB3485 LRB104 09469 BDA 19530 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Emergency Management Agency Act is
amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 12,
14, 17.8, 18, 20, and 23 and by adding Sections 24, 26, and 27
as follows:
(20 ILCS 3305/1) (from Ch. 127, par. 1051)
Sec. 1. Short Title. This Act may be cited as the IEMA-OHS
Illinois Emergency Management Agency Act.
(Source: P.A. 87-168.)
(20 ILCS 3305/2) (from Ch. 127, par. 1052)
Sec. 2. Policy and Purposes.
(a) Because of the possibility of the occurrence of
disasters of unprecedented size and destructiveness resulting
from the explosion in this or in neighboring states of atomic
or other means from without or by means of sabotage or other
disloyal actions within, or from fire, flood, earthquake,
telecommunications failure, or other natural or technological
causes, and in order to insure that this State will be prepared
to and will adequately deal with any disasters, preserve the
lives and property of the people of this State and protect the

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public peace, health, and safety in the event of a disaster, it
is found and declared to be necessary:
(1) To create a State emergency management and
homeland security agency an Illinois Emergency Management
Agency and to authorize emergency management and homeland
security programs within the political subdivisions of the
State.
(2) To confer upon the Governor and upon the principal
executive officer of the political subdivisions of the
State the powers provided herein.
(3) To provide for the rendering of mutual aid among
the political subdivisions and taxing districts of the
State and with other states and with respect to the
carrying out of an emergency management and homeland
security programs program.
(b) It is further declared to be the purpose of this Act
and the policy of the State that all emergency management and
homeland security programs of this State be coordinated to the
maximum extent with the comparable programs of the federal
government, including its various departments and agencies, of
other states and localities and private agencies of every
type, to the end that the most effective preparation and use
may be made of the nation's resources and facilities for
dealing with any disaster that may occur.
(Source: P.A. 87-168; 88-606, eff. 1-1-95.)

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(20 ILCS 3305/4) (from Ch. 127, par. 1054)
Sec. 4. Definitions. As used in this Act, unless the
context clearly indicates otherwise, the following words and
terms have the meanings ascribed to them in this Section:
"Coordinator" means the staff assistant to the principal
executive officer of a political subdivision with the duty of
coordinating the emergency management programs of that
political subdivision.
"Cyber incident" means an event occurring on or conducted
through a computer network that actually or imminently
jeopardizes the integrity, confidentiality, or availability of
computers, information or communications systems or networks,
physical or virtual infrastructure controlled by computers or
information systems, or information resident thereon that
affect or control infrastructure or communications networks
utilized by the public. "Cyber incident" includes a
vulnerability in information systems, system security
procedures, internal controls, or implementations that could
be exploited by a threat source that affect or control
infrastructure or communications networks utilized by the
public.
"Disaster" means an occurrence or threat of widespread or
severe damage, injury or loss of life or property resulting
from any natural, technological, or human cause, including but
not limited to fire, flood, earthquake, wind, storm, hazardous
materials spill or other water contamination requiring

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emergency action to avert danger or damage, epidemic, air
contamination, blight, extended periods of severe and
inclement weather, drought, infestation, critical shortages of
essential fuels and energy, explosion, riot, hostile military
or paramilitary action, public health emergencies, cyber
incidents, or acts of domestic terrorism.
"Emergency Management" means the efforts of the State and
the political subdivisions to develop, plan, analyze, conduct,
provide, implement and maintain programs for disaster
mitigation, preparedness, response and recovery.
"Emergency Services and Disaster Agency" means the agency
by this name, by the name Emergency Management Agency, or by
any other name that is established by ordinance within a
political subdivision to coordinate the emergency management
program within that political subdivision and with private
organizations, other political subdivisions, the State and
federal governments.
"Emergency Operations Plan" means the written plan of the
State and political subdivisions describing the organization,
mission, and functions of the government and supporting
services for responding to and recovering from disasters and
shall include plans that take into account the needs of those
individuals with household pets and service animals following
a major disaster or emergency.
"Emergency Services" means the coordination of functions
by the State and its political subdivisions subdivision, other

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than functions for which military forces are primarily
responsible, as may be necessary or proper to prevent,
minimize, repair, and alleviate injury and damage resulting
from any natural or technological causes. These functions
include, without limitation, fire fighting services, police
services, emergency aviation services, medical and health
services, HazMat and technical rescue teams, rescue,
engineering, warning services, communications, radiological,
chemical and other special weapons defense, evacuation of
persons from stricken or threatened areas, emergency assigned
functions of plant protection, temporary restoration of public
utility services and other functions related to civilian
protection, together with all other activities necessary or
incidental to protecting life or property.
"Exercise" means a planned event realistically simulating
a disaster, conducted for the purpose of evaluating the
political subdivision's coordinated emergency management
capabilities or evaluating the State's emergency management
and homeland security capabilities, including, but not limited
to, testing the emergency operations plan.
"HazMat team" means a career or volunteer mobile support
team that has been authorized by a unit of local government to
respond to hazardous materials emergencies and that is
primarily designed for emergency response to chemical or
biological terrorism, radiological emergencies, hazardous
material spills, releases, or fires, or other contamination

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events.
"Illinois Emergency Management Agency and Office of
Homeland Security" or "Agency" means the agency established by
this Act within the executive branch of State Government
responsible for coordination of the overall emergency
management and homeland security programs program of the State
and with private organizations, political subdivisions, and
the federal government. "Illinois Emergency Management Agency
and Office of Homeland Security" also means the State
Emergency Response Commission responsible for the
implementation of Title III of the Superfund Amendments and
Reauthorization Act of 1986.
"Interoperable communications" means the ability of
emergency response providers and relevant State and local
government agencies to communicate through a dedicated public
safety network, utilizing information technology systems and
radio communications systems, and to exchange voice, data, and
video on demand in real time.
"Mobile Support Team" means a group of individuals
designated as a team by the Governor or Director to train prior
to and to be dispatched, if the Governor or the Director so
determines, to aid and reinforce the State and political
subdivision emergency management efforts in response to a
disaster.
"Municipality" means any city, village, and incorporated
town.

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"Political Subdivision" means any county, city, village,
or incorporated town or township if the township is in a county
having a population of more than 2,000,000.
"Principal Executive Officer" means chair of the county
board, supervisor of a township if the township is in a county
having a population of more than 2,000,000, mayor of a city or
incorporated town, president of a village, or in their absence
or disability, the interim successor as established under
Section 7 of the Emergency Interim Executive Succession Act.
"Public health emergency" means an occurrence or imminent
threat of an illness or health condition that:
(a) is believed to be caused by any of the following:
(i) bioterrorism;
(ii) the appearance of a novel or previously
controlled or eradicated infectious agent or
biological toxin;
(iii) a natural disaster;
(iv) a chemical attack or accidental release; or
(v) a nuclear attack or accident; and
(b) poses a high probability of any of the following
harms:
(i) a large number of deaths in the affected
population;
(ii) a large number of serious or long-term
disabilities in the affected population; or
(iii) widespread exposure to an infectious or

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toxic agent that poses a significant risk of
substantial future harm to a large number of people in
the affected population.
"Statewide mutual aid organization" means an entity with
local government members throughout the State that facilitates
temporary assistance through its members in a particular
public safety discipline, such as police, fire or emergency
management, when an occurrence exceeds a member jurisdiction's
capabilities.
"Technical rescue team" means a career or volunteer mobile
support team that has been authorized by a unit of local
government to respond to building collapse, high angle rescue,
and other specialized rescue emergencies and that is primarily
designated for emergency response to technical rescue events.
(Source: P.A. 102-485, eff. 8-20-21.)
(20 ILCS 3305/5) (from Ch. 127, par. 1055)
Sec. 5. Illinois Emergency Management Agency and Office of
Homeland Security.
(a) There is created within the executive branch of the
State Government an Illinois Emergency Management Agency and
Office of Homeland Security and a Director of the Illinois
Emergency Management Agency and Office of Homeland Security,
herein called the "Director" who shall be the head thereof.
The Director shall be appointed by the Governor, with the
advice and consent of the Senate, and shall serve for a term of

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2 years beginning on the third Monday in January of the
odd-numbered year, and until a successor is appointed and has
qualified; except that the term of the first Director
appointed under this Act shall expire on the third Monday in
January, 1989. The Director shall not hold any other
remunerative public office. For terms beginning after January
18, 2019 (the effective date of Public Act 100-1179) and
before January 16, 2023, the annual salary of the Director
shall be as provided in Section 5-300 of the Civil
Administrative Code of Illinois. Notwithstanding any other
provision of law, for terms beginning on or after January 16,
2023, the Director shall receive an annual salary of $180,000
or as set by the Governor, whichever is higher. On July 1,
2023, and on each July 1 thereafter, the Director shall
receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly.
For terms beginning on or after January 16, 2023, the
Assistant Director of the Illinois Emergency Management Agency
shall receive an annual salary of $156,600 or as set by the
Governor, whichever is higher. On July 1, 2023, and on each
July 1 thereafter, the Assistant Director shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly.
(b) The Illinois Emergency Management Agency shall obtain,

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under the provisions of the Personnel Code, technical,
clerical, stenographic and other administrative personnel, and
may make expenditures within the appropriation therefor as may
be necessary to carry out the purpose of this Act. The agency
created by this Act is intended to be a successor to the agency
created under the Illinois Emergency Services and Disaster
Agency Act of 1975 and the personnel, equipment, records, and
appropriations of that agency are transferred to the successor
agency as of June 30, 1988 (the effective date of this Act).
(c) The Director, subject to the direction and control of
the Governor, shall be the executive head of the Illinois
Emergency Management Agency and the State Emergency Response
Commission and shall be responsible under the direction of the
Governor, for carrying out the programs program for emergency
management, nuclear and radiation safety, and homeland
security of this State. The Director shall also maintain
liaison and cooperate with the emergency management, nuclear
and radiation safety, and homeland security organizations of
this State and other states and of the federal government.
(d) The Agency shall have the following emergency
management duties:
(1) The Illinois Emergency Management Agency shall
take an integral part in the development and revision of
political subdivision emergency operations plans prepared
under paragraph (f) of Section 10. To this end it shall
employ or otherwise secure the services of professional

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and technical personnel capable of providing expert
assistance to the emergency services and disaster
agencies. These personnel shall consult with emergency
services and disaster agencies on a regular basis and
shall make field examinations of the areas, circumstances,
and conditions that particular political subdivision
emergency operations plans are intended to apply.
(2) (e) The Illinois Emergency Management Agency and
political subdivisions shall be encouraged to form an
emergency management advisory committee composed of
private and public personnel representing the emergency
management phases of mitigation, preparedness, response,
and recovery. The Local Emergency Planning Committee, as
created under the Illinois Emergency Planning and
Community Right to Know Act, shall serve as an advisory
committee to the emergency services and disaster agency or
agencies serving within the boundaries of that Local
Emergency Planning Committee planning district for:
(A) (1) the development of emergency operations
plan provisions for hazardous chemical emergencies;
and
(B) (2) the assessment of emergency response
capabilities related to hazardous chemical
emergencies.
(3) (f) The Illinois Emergency Management Agency
shall:

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(A) (1) Coordinate the overall emergency
management program of the State.
(B) (2) Cooperate with local governments, the
federal government, and any public or private agency
or entity in achieving any purpose of this Act and in
implementing emergency management programs for
mitigation, preparedness, response, and recovery.
(2.5) Develop a comprehensive emergency
preparedness and response plan for any nuclear
accident in accordance with Section 65 of the Nuclear
Safety Law of 2004 and in development of the Illinois
Nuclear Safety Preparedness program in accordance with
Section 8 of the Illinois Nuclear Safety Preparedness
Act.
(C) (2.6) Coordinate with the Department of Public
Health with respect to planning for and responding to
public health emergencies.
(D) (3) Prepare, for issuance by the Governor,
executive orders, proclamations, and regulations as
necessary or appropriate in coping with disasters.
(E) (4) Promulgate rules and requirements for
political subdivision emergency operations plans that
are not inconsistent with and are at least as
stringent as applicable federal laws and regulations.
(F) (5) Review and approve, in accordance with
Illinois Emergency Management Agency rules, emergency

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operations plans for those political subdivisions
required to have an emergency services and disaster
agency pursuant to this Act.
(G) (5.5) Promulgate rules and requirements for
the political subdivision emergency management
exercises, including, but not limited to, exercises of
the emergency operations plans.
(H) (5.10) Review, evaluate, and approve, in
accordance with Illinois Emergency Management Agency
rules, political subdivision emergency management
exercises for those political subdivisions required to
have an emergency services and disaster agency
pursuant to this Act.
(I) (6) Determine requirements of the State and
its political subdivisions for food, clothing, and
other necessities in event of a disaster.
(J) (7) Establish a register of persons with types
of emergency management training and skills in
mitigation, preparedness, response, and recovery.
(K) (8) Establish a register of government and
private response resources available for use in a
disaster.
(L) (9) Expand the Earthquake Awareness Program
and its efforts to distribute earthquake preparedness
materials to schools, political subdivisions,
community groups, civic organizations, and the media.

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Emphasis will be placed on those areas of the State
most at risk from an earthquake. Maintain the list of
all school districts, hospitals, airports, power
plants, including nuclear power plants, lakes, dams,
emergency response facilities of all types, and all
other major public or private structures which are at
the greatest risk of damage from earthquakes under
circumstances where the damage would cause subsequent
harm to the surrounding communities and residents.
(M) (10) Disseminate all information, completely
and without delay, on water levels for rivers and
streams and any other data pertaining to potential
flooding supplied by the Division of Water Resources
within the Department of Natural Resources to all
political subdivisions to the maximum extent possible.
(N) (11) Develop agreements, if feasible, with
medical supply and equipment firms to supply resources
as are necessary to respond to an earthquake or any
other disaster as defined in this Act. These resources
will be made available upon notifying the vendor of
the disaster. Payment for the resources will be in
accordance with Section 7 of this Act. The Illinois
Department of Public Health shall determine which
resources will be required and requested.
(O) (11.5) In coordination with the Illinois State
Police, develop and implement a community outreach

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program to promote awareness among the State's parents
and children of child abduction prevention and
response.
(P) (12) Out of funds appropriated for these
purposes, award capital and non-capital grants to
Illinois hospitals or health care facilities located
outside of a city with a population in excess of
1,000,000 to be used for purposes that include, but
are not limited to, preparing to respond to mass
casualties and disasters, maintaining and improving
patient safety and quality of care, and protecting the
confidentiality of patient information. No single
grant for a capital expenditure shall exceed $300,000.
No single grant for a non-capital expenditure shall
exceed $100,000. In awarding such grants, preference
shall be given to hospitals that serve a significant
number of Medicaid recipients, but do not qualify for
disproportionate share hospital adjustment payments
under the Illinois Public Aid Code. To receive such a
grant, a hospital or health care facility must provide
funding of at least 50% of the cost of the project for
which the grant is being requested. In awarding such
grants the Illinois Emergency Management Agency shall
consider the recommendations of the Illinois Hospital
Association.
(Q) (13) Do all other things necessary, incidental

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or appropriate for the implementation of this Act.
(4) (g) The Illinois Emergency Management Agency is
authorized to make grants to various higher education
institutions, public K-12 school districts, area
vocational centers as designated by the State Board of
Education, inter-district special education cooperatives,
regional safe schools, and nonpublic K-12 schools for
safety and security improvements. For the purpose of this
paragraph subsection (g), "higher education institution"
means a public university, a public community college, or
an independent, not-for-profit or for-profit higher
education institution located in this State. Grants made
under this paragraph subsection (g) shall be paid out of
moneys appropriated for that purpose from the Build
Illinois Bond Fund. The Illinois Emergency Management
Agency shall adopt rules to implement this paragraph
subsection (g). These rules may specify: (i) the manner of
applying for grants; (ii) project eligibility
requirements; (iii) restrictions on the use of grant
moneys; (iv) the manner in which the various higher
education institutions must account for the use of grant
moneys; and (v) any other provision that the Illinois
Emergency Management Agency determines to be necessary or
useful for the administration of this paragraph subsection
(g).
(5) (g-5) The Illinois Emergency Management Agency is

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authorized to make grants to not-for-profit organizations
which are exempt from federal income taxation under
section 501(c)(3) of the Federal Internal Revenue Code for
eligible security improvements that assist the
organization in preventing, preparing for, or responding
to threats, attacks, or acts of terrorism. To be eligible
for a grant under the program, the Agency must determine
that the organization is at a high risk of being subject to
threats, attacks, or acts of terrorism based on the
organization's profile, ideology, mission, or beliefs.
Eligible security improvements shall include all eligible
preparedness activities under the federal Nonprofit
Security Grant Program, including, but not limited to,
physical security upgrades, security training exercises,
preparedness training exercises, contracting with security
personnel, and any other security upgrades deemed eligible
by the Director. Eligible security improvements shall not
duplicate, in part or in whole, a project included under
any awarded federal grant or in a pending federal
application. The Director shall establish procedures and
forms by which applicants may apply for a grant and
procedures for distributing grants to recipients. Any
security improvements awarded shall remain at the physical
property listed in the grant application, unless
authorized by Agency rule or approved by the Agency in
writing. The procedures shall require each applicant to do

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the following:
(A) (1) identify and substantiate prior or current
threats, attacks, or acts of terrorism against the
not-for-profit organization;
(B) (2) indicate the symbolic or strategic value
of one or more sites that renders the site a possible
target of a threat, attack, or act of terrorism;
(C) (3) discuss potential consequences to the
organization if the site is damaged, destroyed, or
disrupted by a threat, attack, or act of terrorism;
(D) (4) describe how the grant will be used to
integrate organizational preparedness with broader
State and local preparedness efforts, as described by
the Agency in each Notice of Opportunity for Funding;
(E) (5) submit (i) a vulnerability assessment
conducted by experienced security, law enforcement, or
military personnel, or conducted using an
Agency-approved or federal Nonprofit Security Grant
Program self-assessment tool, and (ii) a description
of how the grant award will be used to address the
vulnerabilities identified in the assessment; and
(F) (6) submit any other relevant information as
may be required by the Director.
The Agency is authorized to use funds appropriated for the
grant program described in this paragraph (5) subsection (g-5)
to administer the program.

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(e) The Agency shall have the following homeland security
duties:
(1) The Homeland Security Advisor is established as
follows:
(A) A Homeland Security Advisor shall be appointed
by, and report to, the Governor, with the advice and
consent of the Senate. The Homeland Security Advisor
shall serve a 4-year term. The Governor may, in his
discretion, appoint one or more Deputy Homeland
Security Advisors to function in the absence of the
Homeland Security Advisor on such portfolios as he or
she deems appropriate.
(B) The Homeland Security advisor shall be
responsible for leading the State's strategic response
and policy recommendations on all matters pertaining
to homeland security, including, but not limited to,
development and execution of Statewide prevention
efforts associated with violence/targeted violence,
terrorism, domestic violent extremism, school safety,
cybersecurity, critical infrastructure protection,
online safety, public safety training, and mutual aid
assistance.
(C) The Illinois Emergency Management Agency and
Office of Homeland Security shall coordinate with and
provide administrative support for the Homeland
Security Advisor. The Homeland Security Advisor shall

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not hold any other remunerative public office unless
the individual is also appointed as a State agency
director or secretary.
(D) Coordinates with all executive State agencies,
regarding the matters of homeland security. Each
executive agency shall coordinate and provide
briefings to the Homeland Security Advisor to produce
unified State strategies on homeland security.
(2) The Agency shall:
(A) Coordinate and provide administrative support
for the Homeland Security Advisor.
(B) Oversee, consult, and coordinate comprehensive
strategic response and policy recommendations for the
Homeland Security Advisor pertaining to all non-law
enforcement matters of homeland security for the
State. Such matters shall include the assessment,
development, and implementation of policies,
protocols, and strategies for the prevention,
preparedness, and recovery efforts associated with
targeted violence, terrorism, domestic violent
extremism, school safety, cybersecurity, critical
infrastructure protection, and online safety. The
Agency shall also coordinate local, State, and federal
agencies in public safety training and mutual aid
assistance.
(C) Serve as the primary liaison for non-law

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enforcement national security matters with the U.S.
Department of Homeland Security (DHS), the Federal
Emergency Management Agency (FEMA), the Cybersecurity
and Infrastructure Security Agency (CISA), the Federal
Bureau of Investigation (FBI), the Office of the
Director of National Intelligence (ODNI), and any
other federal agencies for matters pertaining to
homeland security in the State.
(D) Consult and Coordinates with the Illinois
State Police to provide the U.S. Department of
Homeland Security (DHS) with relevant
counterterrorism, cyber, and transnational organized
crime reporting data pertaining to the State.
(E) Conduct public risk communication messaging.
(F) Adopt rules, regulations, and requirements
necessary for implementation of the homeland security
programs reflected in this Section.
(f) The Agency shall have the following nuclear and
radiation safety duties:
(1) The Agency shall exercise, administer, and enforce
all rights, powers, and duties for nuclear and radiation
safety authorized in the Nuclear Safety Law of 2004, 20
ILCS 3310/, or successor statutes.
(2) The Agency shall develop a comprehensive emergency
preparedness and response plan for any nuclear accident in
accordance with Section 65 of the Nuclear Safety Law of

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2004 and in development of the Illinois Nuclear Safety
Preparedness program in accordance with Section 8 of the
Illinois Nuclear Safety Preparedness Act, or successor
statute.
(3) The Agency shall have the right to enter on public
and private property in order to take soil and air samples
for response to a disaster that causes radioactive
contamination.
Any Agency Notice of Opportunity for Funding, proposed or
final rulemaking, guidance, training opportunity, or other
resource related to the grant program must be published on the
Agency's publicly available website, and any announcements
related to funding shall be shared with all State legislative
offices, the Governor's office, emergency services and
disaster agencies mandated or required pursuant to subsections
(b) through (d) of Section 10, and any other State agencies as
determined by the Agency. Subject to appropriation, the grant
application period shall be open for no less than 45 calendar
days during the first application cycle each fiscal year,
unless the Agency determines that a shorter period is
necessary to avoid conflicts with the annual federal Nonprofit
Security Grant Program funding cycle. Additional application
cycles may be conducted during the same fiscal year, subject
to availability of funds. Upon request, Agency staff shall
provide reasonable assistance to any applicant in completing a
grant application or meeting a post-award requirement.

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In addition to any advance payment rules or procedures
adopted by the Agency, the Agency shall adopt rules or
procedures by which grantees under this subsection (g-5) may
receive a working capital advance of initial start-up costs
and up to 2 months of program expenses, not to exceed 25% of
the total award amount, if, during the application process,
the grantee demonstrates a need for funds to commence a
project. The remaining funds must be paid through
reimbursement after the grantee presents sufficient supporting
documentation of expenditures for eligible activities.
(g) (h) Except as provided in Section 17.5 of this Act, any
moneys received by the Agency from donations or sponsorships
unrelated to a disaster shall be deposited in the Emergency
Planning and Training Fund and used by the Agency, subject to
appropriation, to effectuate planning and training activities.
Any moneys received by the Agency from donations during a
disaster and intended for disaster response or recovery shall
be deposited into the Disaster Response and Recovery Fund and
used for disaster response and recovery pursuant to the
Disaster Relief Act.
(h) (i) The Illinois Emergency Management Agency may by
rule assess and collect reasonable fees for attendance at
Agency-sponsored conferences to enable the Agency to carry out
the requirements of this Act. Any moneys received under this
subsection shall be deposited in the Emergency Planning and
Training Fund and used by the Agency, subject to

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appropriation, for planning and training activities.
(i) (j) The Illinois Emergency Management Agency is
authorized to make grants to other State agencies, public
universities, units of local government, and statewide mutual
aid organizations to enhance statewide emergency preparedness
and response. The Agency shall adopt rules for implementation
of State-funded grant programs.
(j) The Agency shall do all other things necessary,
incidental or appropriate for the implementation of this Act,
including the promulgation of rules in accordance with the
Illinois Administrative Procedure Act.
(k) Subject to appropriation from the Emergency Planning
and Training Fund, the Illinois Emergency Management Agency
and Office of Homeland Security shall obtain training services
and support for local emergency services and support for local
emergency services and disaster agencies for training,
exercises, and equipment related to carbon dioxide pipelines
and sequestration, and, subject to the availability of
funding, shall provide $5,000 per year to the Illinois Fire
Service Institute for first responder training required under
Section 4-615 of the Public Utilities Act. Amounts in the
Emergency Planning and Training Fund will be used by the
Illinois Emergency Management Agency and Office of Homeland
Security for administrative costs incurred in carrying out the
requirements of this subsection. To carry out the purposes of
this subsection, the Illinois Emergency Management Agency and

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Office of Homeland Security may accept moneys from all
authorized sources into the Emergency Planning and Training
Fund, including, but not limited to, transfers from the Carbon
Dioxide Sequestration Administrative Fund and the Public
Utility Fund.
(l) (k) The Agency shall do all other things necessary,
incidental, or appropriate for the implementation of this Act,
including the adoption of rules in accordance with the
Illinois Administrative Procedure Act.
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.
1-1-24; 103-588, eff. 1-1-25; 103-651, eff. 7-18-24; 103-999,
eff. 1-1-25; revised 11-26-24.)
(20 ILCS 3305/6) (from Ch. 127, par. 1056)
Sec. 6. Emergency Management Powers of the Governor.
(a) The Governor shall have general direction and control
of the Illinois Emergency Management Agency and shall be
responsible for the carrying out of the provisions of this
Act.
(b) In performing duties under this Act, the Governor is
authorized to cooperate with the federal government and with
other states in all matters pertaining to emergency
management, nuclear and radiation safety, and homeland
security.
(c) In performing duties under this Act, the Governor is

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further authorized:
(1) To make, amend, and rescind all lawful necessary
orders, rules, and regulations to carry out the provisions
of this Act within the limits of the authority conferred
upon the Governor.
(2) To prepare cause to be prepared a comprehensive
plans plan and programs program for the emergency
management, nuclear and radiation safety, and homeland
security of this State, which plan and program shall be
integrated into and coordinated with emergency management,
nuclear and radiation safety, and homeland security plans
and programs of the federal government and of other states
whenever possible and which plan and program may include:
a. Mitigation of injury and damage caused by
disaster.
b. Prompt and effective response to disaster.
c. Emergency relief.
d. Identification of areas particularly vulnerable
to disasters.
e. Recommendations for zoning, building, and other
land-use controls, safety measures for securing
permanent structures and other mitigation measures
designed to eliminate or reduce disasters or their
impact.
f. Assistance to political subdivisions in
designing emergency operations plans.

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g. Authorization and procedures for the erection
or other construction of temporary works designed to
mitigate danger, damage or loss from flood, or other
disaster.
h. Preparation and distribution to the appropriate
State and political subdivision officials of a State
catalog of federal, State, and private assistance
programs.
i. Organization of State personnel and chains of
command.
j. Coordination of federal, State, and political
subdivision emergency management, nuclear and
radiation safety, and homeland security activities.
k. Other necessary matters.
(3) In accordance with the plans plan and programs
program for the emergency management, nuclear and
radiation safety, and homeland security of this State, and
out of funds appropriated for these purposes, to procure
and preposition supplies, medicines, materials and
equipment, to institute training programs and public
information programs, and to take all other preparatory
steps including the partial or full mobilization of
emergency services and disaster agencies in advance of
actual disaster to insure the furnishing of adequately
trained and equipped forces for disaster response and
recovery.

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(4) Out of funds appropriated for these purposes, to
make studies and surveys of the industries, resources, and
facilities in this State as may be necessary to ascertain
the capabilities of the State for emergency management
phases of mitigation, preparedness, response, and recovery
and to plan for the most efficient emergency use thereof.
(5) On behalf of this State, to negotiate for and
submit to the General Assembly for its approval or
rejection reciprocal mutual aid agreements or compacts
with other states, either on a statewide or political
subdivision basis. The agreements or compacts, shall be
limited to the furnishing or exchange of food, clothing,
medical or other supplies, engineering and police
services; emergency housing and feeding; National and
State Guards while under the control of the State; health,
medical, and related services; fire fighting, rescue,
transportation, communication, and construction services
and equipment, provided, however, that if the General
Assembly be not in session and the Governor has not
proclaimed the existence of a disaster under this Section,
then the agreements or compacts shall instead be submitted
to an Interim Committee on Emergency Management composed
of 5 Senators appointed by the President of the Senate and
of 5 Representatives appointed by the Speaker of the
House, during the month of June of each odd-numbered year
to serve for a 2 year term, beginning July 1 of that year,

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and until their successors are appointed and qualified, or
until termination of their legislative service, whichever
first occurs. Vacancies shall be filled by appointment for
the unexpired term in the same manner as original
appointments. All appointments shall be made in writing
and filed with the Secretary of State as a public record.
The Committee shall have the power to approve or reject
any agreements or compacts for and on behalf of the
General Assembly; and, provided further, that an
affirmative vote of 2/3 of the members of the Committee
shall be necessary for the approval of any agreement or
compact.
(Source: P.A. 92-73, eff. 1-1-02.)
(20 ILCS 3305/7) (from Ch. 127, par. 1057)
Sec. 7. Emergency Powers of the Governor. In the event of a
disaster, as defined in Section 4, the Governor may, by
proclamation declare that a disaster exists. Upon such
proclamation, the Governor shall have and may exercise for a
period not to exceed 30 days the following emergency powers;
provided, however, that the lapse of the emergency powers
shall not, as regards any act or acts occurring or committed
within the 30-day period, deprive any person, firm,
corporation, political subdivision, or body politic of any
right or rights to compensation or reimbursement which he,
she, it, or they may have under the provisions of this Act:

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(1) To suspend the provisions of any regulatory
statute prescribing procedures for conduct of State
business, or the orders, rules and regulations of any
State agency, if strict compliance with the provisions of
any statute, order, rule, or regulation would in any way
prevent, hinder or delay necessary action, including
emergency purchases, by the Illinois Emergency Management
Agency, in coping with the disaster.
(2) To utilize all available resources of the State
government as reasonably necessary to cope with the
disaster and of each political subdivision of the State.
(3) To transfer the direction, personnel or functions
of State departments and agencies or units thereof for the
purpose of performing or facilitating disaster response
and recovery programs.
(4) On behalf of this State to take possession of, and
to acquire full title or a lesser specified interest in,
any personal property as may be necessary to accomplish
the objectives set forth in Section 2 of this Act,
including: airplanes, automobiles, trucks, trailers,
buses, and other vehicles; coal, oils, gasoline, and other
fuels and means of propulsion; explosives, materials,
equipment, and supplies; animals and livestock; feed and
seed; food and provisions for humans and animals; clothing
and bedding; and medicines and medical and surgical
supplies; and to take possession of and for a limited

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period occupy and use any real estate necessary to
accomplish those objectives; but only upon the undertaking
by the State to pay just compensation therefor as in this
Act provided, and then only under the following
provisions:
a. The Governor, or the person or persons as the
Governor may authorize so to do, may forthwith take
possession of property for and on behalf of the State;
provided, however, that the Governor or persons shall
simultaneously with the taking, deliver to the owner
or his or her agent, if the identity of the owner or
agency is known or readily ascertainable, a signed
statement in writing, that shall include the name and
address of the owner, the date and place of the taking,
description of the property sufficient to identify it,
a statement of interest in the property that is being
so taken, and, if possible, a statement in writing,
signed by the owner, setting forth the sum that he or
she is willing to accept as just compensation for the
property or use. Whether or not the owner or agent is
known or readily ascertainable, a true copy of the
statement shall promptly be filed by the Governor or
the person with the Director, who shall keep the
docket of the statements. In cases where the sum that
the owner is willing to accept as just compensation is
less than $1,000, copies of the statements shall also

HB3485 - 32 - LRB104 09469 BDA 19530 b
be filed by the Director with, and shall be passed upon
by an Emergency Management Claims Commission,
consisting of 3 disinterested citizens who shall be
appointed by the Governor, by and with the advice and
consent of the Senate, within 20 days after the
Governor's declaration of a disaster, and if the sum
fixed by them as just compensation be less than $1,000
and is accepted in writing by the owner, then the State
Treasurer out of funds appropriated for these
purposes, shall, upon certification thereof by the
Emergency Management Claims Commission, cause the sum
so certified forthwith to be paid to the owner. The
Emergency Management Claims Commission is hereby given
the power to issue appropriate subpoenas and to
administer oaths to witnesses and shall keep
appropriate minutes and other records of its actions
upon and the disposition made of all claims.
b. When the compensation to be paid for the taking
or use of property or interest therein is not or cannot
be determined and paid under item a of this paragraph
(4), a petition in the name of The People of the State
of Illinois shall be promptly filed by the Director,
which filing may be enforced by mandamus, in the
circuit court of the county where the property or any
part thereof was located when initially taken or used
under the provisions of this Act praying that the

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amount of compensation to be paid to the person or
persons interested therein be fixed and determined.
The petition shall include a description of the
property that has been taken, shall state the physical
condition of the property when taken, shall name as
defendants all interested parties, shall set forth the
sum of money estimated to be just compensation for the
property or interest therein taken or used, and shall
be signed by the Director. The litigation shall be
handled by the Attorney General for and on behalf of
the State.
c. Just compensation for the taking or use of
property or interest therein shall be promptly
ascertained in proceedings and established by judgment
against the State, that shall include, as part of the
just compensation so awarded, interest at the rate of
6% per annum on the fair market value of the property
or interest therein from the date of the taking or use
to the date of the judgment; and the court may order
the payment of delinquent taxes and special
assessments out of the amount so awarded as just
compensation and may make any other orders with
respect to encumbrances, rents, insurance, and other
charges, if any, as shall be just and equitable.
(5) When required by the exigencies of the disaster,
to sell, lend, rent, give, or distribute all or any part of

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property so or otherwise acquired to the inhabitants of
this State, or to political subdivisions of this State,
or, under the interstate mutual aid agreements or compacts
as are entered into under the provisions of subparagraph
(5) of paragraph (c) of Section 6 to other states, and to
account for and transmit to the State Treasurer all funds,
if any, received therefor.
(6) To recommend the evacuation of all or part of the
population from any stricken or threatened area within the
State if the Governor deems this action necessary.
(7) To prescribe routes, modes of transportation, and
destinations in connection with evacuation.
(8) To control ingress and egress to and from a
disaster area, the movement of persons within the area,
and the occupancy of premises therein.
(9) To suspend or limit the sale, dispensing, or
transportation of alcoholic beverages, firearms,
explosives, and combustibles.
(10) To make provision for the availability and use of
temporary emergency housing.
(11) A proclamation of a disaster shall activate the
State Emergency Operations Plan, and political subdivision
emergency operations plans applicable to the political
subdivision or area in question and be authority for the
deployment and use of any forces that the plan or plans
apply and for use or distribution of any supplies,

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equipment, and materials and facilities assembled,
stockpiled or arranged to be made available under this Act
or any other provision of law relating to disasters.
(12) Control, restrict, and regulate by rationing,
freezing, use of quotas, prohibitions on shipments, price
fixing, allocation or other means, the use, sale or
distribution of food, feed, fuel, clothing and other
commodities, materials, goods, or services; and perform
and exercise any other functions, powers, and duties as
may be necessary to promote and secure the safety and
protection of the civilian population.
(13) During the continuance of any disaster the
Governor is commander-in-chief of the organized and
unorganized militia and of all other forces available for
emergency duty. To the greatest extent practicable, the
Governor shall delegate or assign authority to the
Director to manage, coordinate, and direct all resources
by orders issued at the time of the disaster.
(14) Prohibit increases in the prices of goods and
services during a disaster.
(Source: P.A. 102-485, eff. 8-20-21.)
(20 ILCS 3305/8) (from Ch. 127, par. 1058)
Sec. 8. Mobile Support Teams.
(a) The Governor or Director may cause to be created
Mobile Support Teams to aid and to reinforce the Illinois

HB3485 - 36 - LRB104 09469 BDA 19530 b
Emergency Management Agency, and emergency services and
disaster agencies in areas stricken by disaster. Each mobile
support team shall have a leader, selected by the Director who
will be responsible, under the direction and control of the
Director, for the organization, administration, and training,
and operation of the mobile support team.
(b) Personnel of a mobile support team while on duty
pursuant to such a call or while engaged in regularly
scheduled training or exercises, whether within or without the
State, shall either:
(1) If they are paid employees of the State, have the
powers, duties, rights, privileges and immunities and
receive the compensation incidental to their employment.
(2) If they are paid employees of a political
subdivision or body politic of this State, and whether
serving within or without that political subdivision or
body politic, have the powers, duties, rights, privileges
and immunities, and receive the compensation incidental to
their employment.
(3) If they are not employees of the State, political
subdivision or body politic, or being such employees, are
not normally paid for their services, be entitled to at
least one dollar per year compensation from the State.
Personnel of a mobile support team who suffer disease,
injury or death arising out of or in the course of emergency
duty, shall for the purposes of benefits under the Workers'

HB3485 - 37 - LRB104 09469 BDA 19530 b
Compensation Act or Workers' Occupational Diseases Act only,
be deemed to be employees of this State. If the person
diseased, injured or killed is an employee described in item
(3) above, the computation of benefits payable under either of
those Acts shall be based on income commensurate with
comparable State employees doing the same type of work or
income from the person's regular employment, whichever is
greater.
All personnel of mobile support teams shall, while on duty
under such call, be reimbursed by this State for all actual and
necessary travel and subsistence expenses.
(c) The State shall reimburse each political subdivision
or body politic from the Disaster Response and Recovery Fund
for the compensation paid and the actual and necessary travel,
subsistence and maintenance expenses of paid employees of the
political subdivision or body politic while serving, outside
of its geographical boundaries pursuant to such a call, as
members of a mobile support team, and for all payments made for
death, disease or injury of those paid employees arising out
of and incurred in the course of that duty, and for all losses
of or damage to supplies and equipment of the political
subdivision or body politic resulting from the operations.
(d) Whenever mobile support teams or units of another
state, while the Governor has the emergency powers provided
for under Section 7 of this Act, render aid to this State under
the orders of the Governor of its home state and upon the

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request of the Governor of this State, all questions relating
to reimbursement by this State to the other state and its
citizens in regard to the assistance so rendered shall be
determined by the mutual aid agreements or interstate compacts
described in subparagraph (5) of paragraph (c) of Section 6 as
are existing at the time of the assistance rendered or are
entered into thereafter and under Section 303 (d) of the
Federal Civil Defense Act of 1950.
(e) No personnel of mobile support teams of this State may
be ordered by the Governor to operate in any other state unless
a request for the same has been made by the Governor or duly
authorized representative of the other state.
(Source: P.A. 98-465, eff. 8-16-13.)
(20 ILCS 3305/10) (from Ch. 127, par. 1060)
Sec. 10. Emergency Services and Disaster Agencies.
(a) Each political subdivision within this State shall be
within the jurisdiction of and served by the Illinois
Emergency Management Agency and by an emergency services and
disaster agency responsible for emergency management programs.
A township, if the township is in a county having a population
of more than 2,000,000, must have approval of the county
coordinator before establishment of a township emergency
services and disaster agency.
(b) Unless multiple county emergency services and disaster
agency consolidation is authorized by the Illinois Emergency

HB3485 - 39 - LRB104 09469 BDA 19530 b
Management Agency with the consent of the respective counties,
each county shall maintain an emergency services and disaster
agency that has jurisdiction over and serves the entire
county, except as otherwise provided under this Act and except
that in any county with a population of over 3,000,000
containing a municipality with a population of over 500,000
the jurisdiction of the county agency shall not extend to the
municipality when the municipality has established its own
agency.
(c) Each municipality with a population of over 500,000
shall maintain an emergency services and disaster agency which
has jurisdiction over and serves the entire municipality. A
municipality with a population less than 500,000 may
establish, by ordinance, an agency or department responsible
for emergency management within the municipality's corporate
limits.
(d) The Governor shall determine which municipal
corporations, other than those specified in paragraph (c) of
this Section, need emergency services and disaster agencies of
their own and require that they be established and maintained.
The Governor shall make these determinations on the basis of
the municipality's disaster vulnerability and capability of
response related to population size and concentration. The
emergency services and disaster agency of a county or
township, shall not have a jurisdiction within a political
subdivision having its own emergency services and disaster

HB3485 - 40 - LRB104 09469 BDA 19530 b
agency, but shall cooperate with the emergency services and
disaster agency of a city, village or incorporated town within
their borders. The Illinois Emergency Management Agency shall
publish and furnish a current list to the municipalities
required to have an emergency services and disaster agency
under this subsection.
(e) Each municipality that is not required to and does not
have an emergency services and disaster agency shall have a
liaison officer designated to facilitate the cooperation and
protection of that municipal corporation with the county
emergency services and disaster agency in which it is located
in the work of disaster mitigation, preparedness, response,
and recovery.
(f) The principal executive officer or his or her designee
of each political subdivision in the State shall annually
notify the Illinois Emergency Management Agency of the manner
in which the political subdivision is providing or securing
emergency management, identify the executive head of the
agency or the department from which the service is obtained,
or the liaison officer in accordance with subsection (e)
paragraph (d) of this Section and furnish additional
information relating thereto as the Illinois Emergency
Management Agency requires.
(g) Each emergency services and disaster agency shall
prepare an emergency operations plan for its geographic
boundaries that complies with planning, review, and approval

HB3485 - 41 - LRB104 09469 BDA 19530 b
standards promulgated by the Illinois Emergency Management
Agency. The Illinois Emergency Management Agency shall
determine which jurisdictions will be required to include
earthquake preparedness in their local emergency operations
plans.
(h) The emergency services and disaster agency shall
prepare and distribute to all appropriate officials in written
form a clear and complete statement of the emergency
responsibilities of all local departments and officials and of
the disaster chain of command.
(i) Each emergency services and disaster agency shall have
a Coordinator who shall be appointed by the principal
executive officer of the political subdivision in the same
manner as are the heads of regular governmental departments.
If the political subdivision is a county and the principal
executive officer appoints the sheriff as the Coordinator, the
sheriff may, in addition to his or her regular compensation,
receive compensation at the same level as provided in Article
3 of the Counties Code Section 3 of "An Act in relation to the
regulation of motor vehicle traffic and the promotion of
safety on public highways in counties", approved August 9,
1951, as amended. The Coordinator shall have direct
responsibility for the organization, administration, training,
and operation of the emergency services and disaster agency,
subject to the direction and control of that principal
executive officer. Each emergency services and disaster agency

HB3485 - 42 - LRB104 09469 BDA 19530 b
shall coordinate and may perform emergency management
functions within the territorial limits of the political
subdivision within which it is organized as are prescribed in
and by the State Emergency Operations Plan, and programs,
orders, rules and regulations as may be promulgated by the
Illinois Emergency Management Agency and by local ordinance
and, in addition, shall conduct such functions outside of
those territorial limits as may be required under mutual aid
agreements and compacts as are entered into under subparagraph
(5) of paragraph (c) of Section 6.
(j) In carrying out the provisions of this Act, each
political subdivision may enter into contracts and incur
obligations necessary to place it in a position effectively to
combat the disasters as are described in Section 4, to protect
the health and safety of persons, to protect property, and to
provide emergency assistance to victims of those disasters. If
a disaster occurs, each political subdivision may exercise the
powers vested under this Section in the light of the
exigencies of the disaster and, excepting mandatory
constitutional requirements, without regard to the procedures
and formalities normally prescribed by law pertaining to the
performance of public work, entering into contracts, the
incurring of obligations, the employment of temporary workers,
the rental of equipment, the purchase of supplies and
materials, and the appropriation, expenditure, and disposition
of public funds and property.

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(k) Volunteers who, while engaged in a disaster, an
exercise, training related to the emergency operations plan of
the political subdivision, or a search-and-rescue team
response to an occurrence or threat of injury or loss of life
that is beyond local response capabilities, suffer disease,
injury or death, shall, for the purposes of benefits under the
Workers' Compensation Act or Workers' Occupational Diseases
Act only, be deemed to be employees of the State, if: (1) the
claimant is a duly qualified and enrolled (sworn in) as a
volunteer of the Illinois Emergency Management Agency or an
emergency services and disaster agency accredited by the
Illinois Emergency Management Agency, and (2) if: (i) the
claimant was participating in a disaster as defined in Section
4 of this Act, (ii) the exercise or training participated in
was specifically and expressly approved by the Illinois
Emergency Management Agency prior to the exercise or training,
or (iii) the search-and-rescue team response was to an
occurrence or threat of injury or loss of life that was beyond
local response capabilities and was specifically and expressly
approved by the Illinois Emergency Management Agency prior to
the search-and-rescue team response. The computation of
benefits payable under either of those Acts shall be based on
the income commensurate with comparable State employees doing
the same type work or income from the person's regular
employment, whichever is greater.
Volunteers who are working under the direction of an

HB3485 - 44 - LRB104 09469 BDA 19530 b
emergency services and disaster agency accredited by the
Illinois Emergency Management Agency, pursuant to a plan
approved by the Illinois Emergency Management Agency (i)
during a disaster declared by the Governor under Section 7 of
this Act, or (ii) in circumstances otherwise expressly
approved by the Illinois Emergency Management Agency, shall be
deemed exclusively employees of the State for purposes of
Section 8(d) of the Court of Claims Act, provided that the
Illinois Emergency Management Agency may, in coordination with
the emergency services and disaster agency, audit
implementation for compliance with the plan.
(l) If any person who is entitled to receive benefits
through the application of this Section receives, in
connection with the disease, injury or death giving rise to
such entitlement, benefits under an Act of Congress or federal
program, benefits payable under this Section shall be reduced
to the extent of the benefits received under that other Act or
program.
(m) (1) Prior to conducting an exercise, the principal
executive officer of a political subdivision or his or her
designee shall provide area media with written
notification of the exercise. The notification shall
indicate that information relating to the exercise shall
not be released to the public until the commencement of
the exercise. The notification shall also contain a
request that the notice be so posted to ensure that all

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relevant media personnel are advised of the exercise
before it begins.
(2) During the conduct of an exercise, all messages,
two-way radio communications, briefings, status reports,
news releases, and other oral or written communications
shall begin and end with the following statement: "This is
an exercise message".
(Source: P.A. 94-733, eff. 4-27-06.)
(20 ILCS 3305/12) (from Ch. 127, par. 1062)
Sec. 12. Testing of Disaster Warning Devices. The testing
of disaster warning devices including outdoor warning sirens
shall be held only on the first Tuesday of each month at 10
o'clock in the morning or during exercises that are
specifically and expressly approved in advance by the Illinois
Emergency Management Agency.
(Source: P.A. 92-73, eff. 1-1-02.)
(20 ILCS 3305/14) (from Ch. 127, par. 1064)
Sec. 14. Communications. The Illinois Emergency Management
Agency shall ascertain what means exist for rapid and
efficient communications in times of disaster. The Illinois
Emergency Management Agency shall consider the desirability of
supplementing these communications resources or of integrating
them into a comprehensive State or State-Federal
telecommunications or other communications system or network.

HB3485 - 46 - LRB104 09469 BDA 19530 b
In studying the character and feasibility of any system or its
several parts, the Illinois Emergency Management Agency shall
evaluate the possibility of multipurpose use thereof for
general State and political subdivision purposes. The Illinois
Emergency Management Agency may promulgate rules to establish
policies and procedures relating to telecommunications and the
continuation of rapid and efficient communications in times of
disaster to the extent authorized by any provision of this Act
or other laws and regulations. The Illinois Emergency
Management Agency shall make recommendations to the Governor
as appropriate.
(Source: P.A. 86-755; 87-168.)
(20 ILCS 3305/17.8)
Sec. 17.8. IEMA State Projects Fund. The IEMA State
Projects Fund is created as a trust fund in the State treasury.
The Fund shall consist of any moneys appropriated to the
Agency for purposes of the Illinois' Not-For-Profit Security
Grant Program, a grant program authorized by paragraph (5) of
subsection (d) subsection (g-5) of Section 5 of this Act, to
provide funding support for target hardening activities and
other physical security enhancements for qualifying
not-for-profit organizations that are at high risk of
terrorist attack. The Agency is authorized to use moneys
appropriated from the Fund to make grants to not-for-profit
organizations for target hardening activities, security

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personnel, and physical security enhancements and for the
payment of administrative expenses associated with the
Not-For-Profit Security Grant Program, except that, beginning
July 1, 2024, the Agency shall not award grants under this
Section to those entities whose primary purpose is to provide
medical or mental health services. As used in this Section,
"target hardening activities" include, but are not limited to,
the purchase and installation of security equipment on real
property owned or leased by the not-for-profit organization.
Grants, gifts, and moneys from any other source, public or
private, may also be deposited into the Fund and used for the
purposes authorized by this Act.
(Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
(20 ILCS 3305/18) (from Ch. 127, par. 1068)
Sec. 18. Orders, Rules and Regulations.
(a) The Governor shall file a copy of every rule,
regulation or order, and any amendment thereof made by the
Governor under the provisions of this Act in the office of the
Secretary of State. Upon No rule, regulation or order, or any
amendment thereof shall be effective until 10 days after the
filing, provided, however, that upon the declaration of a
disaster by the Governor as is described in Section 7 the
provision relating to the effective date of any rule,
regulation, order or amendment issued under this Act and
during the state of disaster is abrogated, and the rule,

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regulation, order or amendment shall become effective
immediately upon being filed with the Secretary of State
accompanied by a certificate stating the reason as required by
the Illinois Administrative Procedure Act.
(b) Every emergency services and disaster agency
established pursuant to this Act and the coordinators thereof
shall execute and enforce the orders, rules and regulations as
may be made by the Governor under authority of this Act. Each
emergency services and disaster agency shall have available
for inspection at its office all orders, rules and regulations
made by the Governor, or under the Governor's authority. The
Illinois Emergency Management Agency shall publish furnish on
the Agency's Internet Department's website the orders, rules
and regulations to each such emergency services and disaster
agency. Upon the written request of an emergency services or
disaster agency, copies thereof shall be mailed to the
emergency services or disaster agency.
(Source: P.A. 98-44, eff. 6-28-13.)
(20 ILCS 3305/20) (from Ch. 127, par. 1070)
Sec. 20. Oath Emergency Management Agency; personnel;
oath. Each person, whether compensated or noncompensated, who
is appointed to serve in any capacity in the Illinois
Emergency Management Agency and Office of Homeland Security or
an emergency services and disaster agency, shall, before
entering upon his or her duties, take an oath, in writing,

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before the Director or before the coordinator of that
emergency services and disaster agency or before other persons
authorized to administer oaths in this State, which oath shall
be filed with the Director or with the coordinator of the
emergency services and disaster agency with which he or she
shall serve and which oath shall be substantially as follows:
"I, _______________, do solemnly swear (or affirm) that I
will support and defend and bear true faith and allegiance to
the Constitution of the United States and the Constitution of
the State of Illinois, and the territory, institutions and
facilities thereof, both public and private, against all
enemies, foreign and domestic; that I take this obligation
freely, without any mental reservation or purpose of evasion;
and that I will well and faithfully discharge the duties upon
which I am about to enter. And I do further swear (or affirm)
that I do not advocate, nor am I, nor have I been a member of
any political party or organization that advocates the
overthrow of the government of the United States or of this
State by force or violence; and that during such time as I am
affiliated with the (name of political subdivision), I will
not advocate nor become a member of any political party or
organization that advocates the overthrow of the government of
the United States or of this State by force or violence."
(Source: P.A. 92-73, eff. 1-1-02.)
(20 ILCS 3305/23)

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(Section scheduled to be repealed on January 1, 2032)
Sec. 23. Access and Functional Needs Advisory Committee.
(a) In this Section, "Advisory Committee" means the Access
and Functional Needs Advisory Committee.
(b) The Access and Functional Needs Advisory Committee is
created.
(c) The Advisory Committee shall:
(1) Coordinate meetings occurring, at a minimum, 3
times each year, in addition to emergency meetings called
by the chairperson of the Advisory Committee.
(2) Research and provide recommendations for
identifying and effectively responding to the needs of
persons with access and functional needs before, during,
and after a disaster using an intersectional lens for
equity.
(3) Provide recommendations to the Illinois Emergency
Management Agency regarding how to ensure that persons
with a disability are included in disaster strategies and
emergency management plans, including updates and
implementation of disaster strategies and emergency
management plans.
(4) Review and provide recommendations for the
Illinois Emergency Management Agency, and all relevant
State agencies that are involved in drafting and
implementing the Illinois Emergency Operation Plan, to
integrate access and functional needs into State and local

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emergency plans.
(d) The Advisory Committee shall be composed of the
Director of the Illinois Emergency Management Agency or his or
her designee, the Attorney General or his or her designee, the
Secretary of Human Services or his or her designee, the
Director of Aging or his or her designee, and the Director of
Public Health or his or her designee, together with the
following members appointed by the Governor on or before
January 1, 2022:
(1) Two members, either from a municipal or
county-level emergency agency or a local emergency
management coordinator.
(2) Nine members from the community of persons with a
disability who represent persons with different types of
disabilities, including, but not limited to, individuals
with mobility and physical disabilities, hearing and
visual disabilities, deafness or who are hard of hearing,
blindness or who have low vision, mental health
disabilities, and intellectual or developmental
disabilities. Members appointed under this paragraph shall
reflect a diversity of age, gender, race, and ethnic
background.
(3) Four members who represent first responders from
different geographical regions around the State.
(e) Of those members appointed by the Governor, the
initial appointments of 6 members shall be for terms of 2 years

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and the initial appointments of 5 members shall be for terms of
4 years. Thereafter, members shall be appointed for terms of 4
years. A member shall serve until his or her successor is
appointed and qualified. If a vacancy occurs in the Advisory
Committee membership, the vacancy shall be filled in the same
manner as the original appointment for the remainder of the
unexpired term.
(f) After all the members are appointed, and annually
thereafter, they shall elect a chairperson from among the
members appointed under paragraph (2) of subsection (d).
(g) The initial meeting of the Advisory Committee shall be
convened by the Director of the Illinois Emergency Management
Agency no later than February 1, 2022.
(h) Advisory Committee members shall serve without
compensation.
(i) The Illinois Emergency Management Agency shall provide
administrative support to the Advisory Committee.
(j) The Advisory Committee shall prepare and deliver a
report to the General Assembly, the Governor's Office, and the
Illinois Emergency Management Agency by July 1, 2022, and
annually thereafter. The report shall include the following:
(1) Identification of core emergency management
services that need to be updated or changed to ensure the
needs of persons with a disability are met, and shall
include disaster strategies in State and local emergency
plans.

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(2) Any proposed changes in State policies, laws,
rules, or regulations necessary to fulfill the purposes of
this Act.
(3) Recommendations on improving the accessibility and
effectiveness of disaster and emergency communication.
(4) Recommendations on comprehensive training for
first responders and other frontline workers when working
with persons with a disability during emergency situations
or disasters, as defined in Section 4 of the Illinois
Emergency Management and Homeland Security Agency Act.
(5) Any additional recommendations regarding emergency
management and persons with a disability that the Advisory
Committee deems necessary.
(k) The annual report prepared and delivered under
subsection (j) shall be annually considered by the Illinois
Emergency Management Agency when developing new State and
local emergency plans or updating existing State and local
emergency plans.
(l) The Advisory Committee is dissolved and this Section
is repealed on January 1, 2032.
(Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21;
103-154, eff. 6-30-23.)
(20 ILCS 3305/24 new)
Sec. 24. Illinois Homeland Security Advisory Council
(IL-HSAC).

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(a) There shall be created an Illinois Homeland Security
Advisory Council (IL-HSAC).
(b) The IL-HSAC shall report directly to the Homeland
Security Advisor who shall serve as the chairperson and submit
an annual report to the Governor by March of each year. The
report shall detail the activities, accomplishments, and
recommendations of the IL-HSAC in the preceding year.
(c) The Agency shall provide administrative support for
the IL-HSAC.
(d) Entities may be appointed to IL-HSAC by the Governor.
(e) The duties of IL-HSAC shall be as follows:
(1) Develops and provides recommendations regarding
the State's domestic terrorism preparedness strategy.
(2) Seeks appropriate input from federal agencies,
including, but not limited to, the United States
Department of Justice, the Federal Bureau of
Investigation, the Federal Emergency Management Agency,
the United States Department of Health and Human Services,
and the United States Department of Homeland Security.
(3) Serves as the Illinois Senior Advisory Committee
(SAC) with respect to funds received through the federal
Homeland Security Grant Program. In that capacity, the
IL-HSAC shall provide recommendations to the Agency and to
the Homeland Security Advisor on issues related to the
application for and use of all appropriate federal funding
that relates to preventing, protecting against,

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mitigating, responding to, and recovering from acts of
terrorism and other threats.
(4) Provides recommendations to the Agency and to the
Homeland Security Advisor on the following:
(A) Appropriate training of local, regional and
State officials to respond to terrorist incidents
involving conventional, chemical, biological and/or
nuclear weapons.
(B) Issues related to the application for and use
of all appropriate State and other funds as may be
appropriate and available relating to homeland
security.
(C) Issues relating to public safety preparedness
and mutual aid to include strategies and tactics to
coordinate multi-agency response to significant
events, act of terrorism or natural disasters where
coordination of local, state and private resources is
necessary.
(D) Coordination of public safety resources and
combating terrorism in Illinois.
(E) Any changes needed in State statutes,
administrative regulations, or in the Illinois
Emergency Operations Plan.
(20 ILCS 3305/26 new)
Sec. 26. Illinois Cybersecurity Commission.

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(a) There shall be created an Illinois Cybersecurity
Commission.
(b) The Commission shall report directly to the Homeland
Security Advisor who shall serve as chairperson. The Deputy
Director of Homeland Security as indicated in subsection
5(d)(B)(i) shall serve as chairperson in the absence of the
Homeland Security Advisor.
(c) The chairperson shall submit a report to the Governor
by December of each calendar year detailing the activities,
accomplishments, and recommendations of the Commission.
(d) The Commission shall be comprised of the following
members:
(1) Voting Members:
(A) The Governor's Homeland Security Advisor or
Deputy Homeland Security Advisor;
(B) The Director of the Illinois Emergency
Management Agency and Office of Homeland Security, or
his or her designee;
(C) The Chief Information Security Officer of the
Illinois Department of Innovation and Technology, or
his or her designee;
(D) The Illinois Attorney General, or his or her
designee;
(E) The Adjutant General of the Illinois National
Guard, or his or her designee;
(F) The Director of the Illinois State Police, or

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his or her designee;
(G) The Chairman of the Illinois Commerce
Commission, or his or her designee;
(H) The Director of the Illinois Department of
Commerce and Economic Opportunity, or his or her
designee;
(I) The Director of the Illinois Department of
Revenue, or his or her designee; and
(J) A representative of the Office of the
Governor.
(2) Non-Voting Members:
(A) One representative representing the
Information Technology Sector;
(B) One representative representing the
Communications Sector;
(C) One representative representing the Defense
Industrial Base Sector;
(D) One representative representing the Energy
Sector;
(E) One representative representing the Financial
Services Sector;
(F) One representative representing the Healthcare
and Public Health Sector; and
(G) One representative representing the Water and
Wastewater Systems Sector.
(H) The Commission may also include as non-voting

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members:
(i) A cybersecurity expert from the Chicago or
Springfield field office of the Federal Bureau of
Investigation; and
(ii) Two cybersecurity experts from the United
States Department of Homeland Security, as
follows:
(I) One cybersecurity expert from the
Region 5 Office of the Cybersecurity and
Infrastructure Security Agency; and
(II) One cybersecurity expert from the
Chicago Field Office of the United States
Secret Service.
(3) Advisory Members:
(A) A representative from the Statewide
Intelligence Center (STIC); and
(B) The Commission may appoint additional advisory
members from both the public and private sectors that
will provide subject matter expertise.
With the exception of the STIC representative, all
advisory members shall be approved by a majority of the
voting members.
(e) The duties and responsibilities of the Commission
shall be as follows:
(1) Builds and enhances cyber awareness and training
for private sector critical infrastructure entities,

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including education opportunities on ways to prevent
cybersecurity attacks and protect personal information;
(2) Develops practices, processes, and the overall
planning procedures required to protect valuable
information, resources, and services, including
identifying and disrupting cyber-attacks, improving and
expanding statewide security incident response
capabilities, and promoting and facilitating cross sector
and community training and exercise scenarios for private
sector critical infrastructure partners to secure critical
systems that serve the public;
(3) Develops best practices to help private sector
critical infrastructure organizations make risk-based
decisions for improving cybersecurity; and
(4) Creates and expands partnerships with critical
infrastructure sectors to foster continual learning and
information sharing, ensuring the safety and resiliency of
digital infrastructure and the promoting of
identification, evaluation, and information sharing on
threats and vulnerabilities impacting the State.
(20 ILCS 3305/27 new)
Sec. 27. Statewide Interoperability Coordinator (SWIC).
(a) As part of the Agency's Office of Homeland Security,
there shall be a position created for the Statewide
Interoperability Coordinator (SWIC).

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(b) The duties and responsibilities of the SWIC shall be
as follows:
(1) Serves as the central coordination point for the
State's communications interoperability and assists with
mediation between State and local agencies to achieve an
interoperable communications system;
(2) Develops and disseminates best practices for
public safety communications interoperability;
(3) Advises the Homeland Security Advisor and Deputy
Director of the Agency's Office of Homeland Security on
public safety communications interoperability;
(4) Serves as a member of the Statewide
Interoperability Executive Committee (SIEC) or its
successor entity and may act on behalf of the SIEC;
(5) Recommends regulatory changes relating to
telecommunications and the continuation of rapid and
efficient communications during a disaster;
(6) Identifies funding opportunities for planned
interoperability improvements and coordinates efforts to
provide funding;
(7) Advises on the issuance of grants for
interoperability communication systems;
(8) Engages stakeholders to coordinate the Statewide
Communications Interoperability Plan (SCIP);
(9) Represents the State in national, regional, and
local efforts to plan and implement changes needed to

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achieve interoperability and continuity of communications
for emergency responders; and
(10) Develops and implements the strategic program for
all public safety communications and interoperability
activities in partnership with 9-1-1 A dministrator,
operators of statewide radio systems, emergency management
coordinators, and the State Administrative Agency (SAA).