|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4815 Introduced 2/6/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
| | 20 ILCS 3305/5 | from Ch. 127, par. 1055 |
| Amends the Illinois Emergency Management Agency Act. Authorizes the Illinois Emergency Management Agency and office of Homeland Security to adopt rules for the implementation of its State-funded grant programs. | |
| | |
| | A BILL FOR |
|
|
| | HB4815 | | LRB103 38247 JAG 68382 b |
|
|
|
| 1 | | AN ACT concerning State government.
|
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Illinois Emergency Management Agency Act is |
| 5 | | amended by changing Section 5 as follows:
|
| 6 | | (20 ILCS 3305/5) (from Ch. 127, par. 1055) |
| 7 | | Sec. 5. Illinois Emergency Management Agency. |
| 8 | | (a) There is created within the executive branch of the |
| 9 | | State Government an Illinois Emergency Management Agency and a |
| 10 | | Director of the Illinois Emergency Management Agency, herein |
| 11 | | called the "Director" who shall be the head thereof. The |
| 12 | | Director shall be appointed by the Governor, with the advice |
| 13 | | and consent of the Senate, and shall serve for a term of 2 |
| 14 | | years beginning on the third Monday in January of the |
| 15 | | odd-numbered year, and until a successor is appointed and has |
| 16 | | qualified; except that the term of the first Director |
| 17 | | appointed under this Act shall expire on the third Monday in |
| 18 | | January, 1989. The Director shall not hold any other |
| 19 | | remunerative public office. For terms beginning after January |
| 20 | | 18, 2019 (the effective date of Public Act 100-1179) and |
| 21 | | before January 16, 2023, the annual salary of the Director |
| 22 | | shall be as provided in Section 5-300 of the Civil |
| 23 | | Administrative Code of Illinois. Notwithstanding any other |
|
| | HB4815 | - 2 - | LRB103 38247 JAG 68382 b |
|
|
|
| 1 | | provision of law, for terms beginning on or after January 16, |
| 2 | | 2023, the Director shall receive an annual salary of $180,000 |
| 3 | | or as set by the Governor, whichever is higher. On July 1, |
| 4 | | 2023, and on each July 1 thereafter, the Director shall |
| 5 | | receive an increase in salary based on a cost of living |
| 6 | | adjustment as authorized by Senate Joint Resolution 192 of the |
| 7 | | 86th General Assembly. |
| 8 | | For terms beginning on or after January 16, 2023, the |
| 9 | | Assistant Director of the Illinois Emergency Management Agency |
| 10 | | shall receive an annual salary of $156,600 or as set by the |
| 11 | | Governor, whichever is higher. On July 1, 2023, and on each |
| 12 | | July 1 thereafter, the Assistant Director shall receive an |
| 13 | | increase in salary based on a cost of living adjustment as |
| 14 | | authorized by Senate Joint Resolution 192 of the 86th General |
| 15 | | Assembly. |
| 16 | | (b) The Illinois Emergency Management Agency shall obtain, |
| 17 | | under the provisions of the Personnel Code, technical, |
| 18 | | clerical, stenographic and other administrative personnel, and |
| 19 | | may make expenditures within the appropriation therefor as may |
| 20 | | be necessary to carry out the purpose of this Act. The agency |
| 21 | | created by this Act is intended to be a successor to the agency |
| 22 | | created under the Illinois Emergency Services and Disaster |
| 23 | | Agency Act of 1975 and the personnel, equipment, records, and |
| 24 | | appropriations of that agency are transferred to the successor |
| 25 | | agency as of June 30, 1988 (the effective date of this Act). |
| 26 | | (c) The Director, subject to the direction and control of |
|
| | HB4815 | - 3 - | LRB103 38247 JAG 68382 b |
|
|
|
| 1 | | the Governor, shall be the executive head of the Illinois |
| 2 | | Emergency Management Agency and the State Emergency Response |
| 3 | | Commission and shall be responsible under the direction of the |
| 4 | | Governor, for carrying out the program for emergency |
| 5 | | management of this State. The Director shall also maintain |
| 6 | | liaison and cooperate with the emergency management |
| 7 | | organizations of this State and other states and of the |
| 8 | | federal government. |
| 9 | | (d) The Illinois Emergency Management Agency shall take an |
| 10 | | integral part in the development and revision of political |
| 11 | | subdivision emergency operations plans prepared under |
| 12 | | paragraph (f) of Section 10. To this end it shall employ or |
| 13 | | otherwise secure the services of professional and technical |
| 14 | | personnel capable of providing expert assistance to the |
| 15 | | emergency services and disaster agencies. These personnel |
| 16 | | shall consult with emergency services and disaster agencies on |
| 17 | | a regular basis and shall make field examinations of the |
| 18 | | areas, circumstances, and conditions that particular political |
| 19 | | subdivision emergency operations plans are intended to apply. |
| 20 | | (e) The Illinois Emergency Management Agency and political |
| 21 | | subdivisions shall be encouraged to form an emergency |
| 22 | | management advisory committee composed of private and public |
| 23 | | personnel representing the emergency management phases of |
| 24 | | mitigation, preparedness, response, and recovery. The Local |
| 25 | | Emergency Planning Committee, as created under the Illinois |
| 26 | | Emergency Planning and Community Right to Know Act, shall |
|
| | HB4815 | - 4 - | LRB103 38247 JAG 68382 b |
|
|
|
| 1 | | serve as an advisory committee to the emergency services and |
| 2 | | disaster agency or agencies serving within the boundaries of |
| 3 | | that Local Emergency Planning Committee planning district for: |
| 4 | | (1) the development of emergency operations plan |
| 5 | | provisions for hazardous chemical emergencies; and |
| 6 | | (2) the assessment of emergency response capabilities |
| 7 | | related to hazardous chemical emergencies. |
| 8 | | (f) The Illinois Emergency Management Agency shall: |
| 9 | | (1) Coordinate the overall emergency management |
| 10 | | program of the State. |
| 11 | | (2) Cooperate with local governments, the federal |
| 12 | | government, and any public or private agency or entity in |
| 13 | | achieving any purpose of this Act and in implementing |
| 14 | | emergency management programs for mitigation, |
| 15 | | preparedness, response, and recovery. |
| 16 | | (2.5) Develop a comprehensive emergency preparedness |
| 17 | | and response plan for any nuclear accident in accordance |
| 18 | | with Section 65 of the Nuclear Safety Law of 2004 and in |
| 19 | | development of the Illinois Nuclear Safety Preparedness |
| 20 | | program in accordance with Section 8 of the Illinois |
| 21 | | Nuclear Safety Preparedness Act. |
| 22 | | (2.6) Coordinate with the Department of Public Health |
| 23 | | with respect to planning for and responding to public |
| 24 | | health emergencies. |
| 25 | | (3) Prepare, for issuance by the Governor, executive |
| 26 | | orders, proclamations, and regulations as necessary or |
|
| | HB4815 | - 5 - | LRB103 38247 JAG 68382 b |
|
|
|
| 1 | | appropriate in coping with disasters. |
| 2 | | (4) Promulgate rules and requirements for political |
| 3 | | subdivision emergency operations plans that are not |
| 4 | | inconsistent with and are at least as stringent as |
| 5 | | applicable federal laws and regulations. |
| 6 | | (5) Review and approve, in accordance with Illinois |
| 7 | | Emergency Management Agency rules, emergency operations |
| 8 | | plans for those political subdivisions required to have an |
| 9 | | emergency services and disaster agency pursuant to this |
| 10 | | Act. |
| 11 | | (5.5) Promulgate rules and requirements for the |
| 12 | | political subdivision emergency management exercises, |
| 13 | | including, but not limited to, exercises of the emergency |
| 14 | | operations plans. |
| 15 | | (5.10) Review, evaluate, and approve, in accordance |
| 16 | | with Illinois Emergency Management Agency rules, political |
| 17 | | subdivision emergency management exercises for those |
| 18 | | political subdivisions required to have an emergency |
| 19 | | services and disaster agency pursuant to this Act. |
| 20 | | (6) Determine requirements of the State and its |
| 21 | | political subdivisions for food, clothing, and other |
| 22 | | necessities in event of a disaster. |
| 23 | | (7) Establish a register of persons with types of |
| 24 | | emergency management training and skills in mitigation, |
| 25 | | preparedness, response, and recovery. |
| 26 | | (8) Establish a register of government and private |
|
| | HB4815 | - 6 - | LRB103 38247 JAG 68382 b |
|
|
|
| 1 | | response resources available for use in a disaster. |
| 2 | | (9) Expand the Earthquake Awareness Program and its |
| 3 | | efforts to distribute earthquake preparedness materials to |
| 4 | | schools, political subdivisions, community groups, civic |
| 5 | | organizations, and the media. Emphasis will be placed on |
| 6 | | those areas of the State most at risk from an earthquake. |
| 7 | | Maintain the list of all school districts, hospitals, |
| 8 | | airports, power plants, including nuclear power plants, |
| 9 | | lakes, dams, emergency response facilities of all types, |
| 10 | | and all other major public or private structures which are |
| 11 | | at the greatest risk of damage from earthquakes under |
| 12 | | circumstances where the damage would cause subsequent harm |
| 13 | | to the surrounding communities and residents. |
| 14 | | (10) Disseminate all information, completely and |
| 15 | | without delay, on water levels for rivers and streams and |
| 16 | | any other data pertaining to potential flooding supplied |
| 17 | | by the Division of Water Resources within the Department |
| 18 | | of Natural Resources to all political subdivisions to the |
| 19 | | maximum extent possible. |
| 20 | | (11) Develop agreements, if feasible, with medical |
| 21 | | supply and equipment firms to supply resources as are |
| 22 | | necessary to respond to an earthquake or any other |
| 23 | | disaster as defined in this Act. These resources will be |
| 24 | | made available upon notifying the vendor of the disaster. |
| 25 | | Payment for the resources will be in accordance with |
| 26 | | Section 7 of this Act. The Illinois Department of Public |
|
| | HB4815 | - 7 - | LRB103 38247 JAG 68382 b |
|
|
|
| 1 | | Health shall determine which resources will be required |
| 2 | | and requested. |
| 3 | | (11.5) In coordination with the Illinois State Police, |
| 4 | | develop and implement a community outreach program to |
| 5 | | promote awareness among the State's parents and children |
| 6 | | of child abduction prevention and response. |
| 7 | | (12) Out of funds appropriated for these purposes, |
| 8 | | award capital and non-capital grants to Illinois hospitals |
| 9 | | or health care facilities located outside of a city with a |
| 10 | | population in excess of 1,000,000 to be used for purposes |
| 11 | | that include, but are not limited to, preparing to respond |
| 12 | | to mass casualties and disasters, maintaining and |
| 13 | | improving patient safety and quality of care, and |
| 14 | | protecting the confidentiality of patient information. No |
| 15 | | single grant for a capital expenditure shall exceed |
| 16 | | $300,000. No single grant for a non-capital expenditure |
| 17 | | shall exceed $100,000. In awarding such grants, preference |
| 18 | | shall be given to hospitals that serve a significant |
| 19 | | number of Medicaid recipients, but do not qualify for |
| 20 | | disproportionate share hospital adjustment payments under |
| 21 | | the Illinois Public Aid Code. To receive such a grant, a |
| 22 | | hospital or health care facility must provide funding of |
| 23 | | at least 50% of the cost of the project for which the grant |
| 24 | | is being requested. In awarding such grants the Illinois |
| 25 | | Emergency Management Agency shall consider the |
| 26 | | recommendations of the Illinois Hospital Association. |
|
| | HB4815 | - 8 - | LRB103 38247 JAG 68382 b |
|
|
|
| 1 | | (13) Do all other things necessary, incidental or |
| 2 | | appropriate for the implementation of this Act. |
| 3 | | (g) The Illinois Emergency Management Agency is authorized |
| 4 | | to make grants to various higher education institutions, |
| 5 | | public K-12 school districts, area vocational centers as |
| 6 | | designated by the State Board of Education, inter-district |
| 7 | | special education cooperatives, regional safe schools, and |
| 8 | | nonpublic K-12 schools for safety and security improvements. |
| 9 | | For the purpose of this subsection (g), "higher education |
| 10 | | institution" means a public university, a public community |
| 11 | | college, or an independent, not-for-profit or for-profit |
| 12 | | higher education institution located in this State. Grants |
| 13 | | made under this subsection (g) shall be paid out of moneys |
| 14 | | appropriated for that purpose from the Build Illinois Bond |
| 15 | | Fund. The Illinois Emergency Management Agency shall adopt |
| 16 | | rules to implement this subsection (g). These rules may |
| 17 | | specify: (i) the manner of applying for grants; (ii) project |
| 18 | | eligibility requirements; (iii) restrictions on the use of |
| 19 | | grant moneys; (iv) the manner in which the various higher |
| 20 | | education institutions must account for the use of grant |
| 21 | | moneys; and (v) any other provision that the Illinois |
| 22 | | Emergency Management Agency determines to be necessary or |
| 23 | | useful for the administration of this subsection (g). |
| 24 | | (g-5) The Illinois Emergency Management Agency is |
| 25 | | authorized to make grants to not-for-profit organizations |
| 26 | | which are exempt from federal income taxation under section |
|
| | HB4815 | - 9 - | LRB103 38247 JAG 68382 b |
|
|
|
| 1 | | 501(c)(3) of the Federal Internal Revenue Code for eligible |
| 2 | | security improvements that assist the organization in |
| 3 | | preventing, preparing for, or responding to threats, attacks, |
| 4 | | or acts of terrorism. To be eligible for a grant under the |
| 5 | | program, the Agency must determine that the organization is at |
| 6 | | a high risk of being subject to threats, attacks, or acts of |
| 7 | | terrorism based on the organization's profile, ideology, |
| 8 | | mission, or beliefs. Eligible security improvements shall |
| 9 | | include all eligible preparedness activities under the federal |
| 10 | | Nonprofit Security Grant Program, including, but not limited |
| 11 | | to, physical security upgrades, security training exercises, |
| 12 | | preparedness training exercises, contracting with security |
| 13 | | personnel, and any other security upgrades deemed eligible by |
| 14 | | the Director. Eligible security improvements shall not |
| 15 | | duplicate, in part or in whole, a project included under any |
| 16 | | awarded federal grant or in a pending federal application. The |
| 17 | | Director shall establish procedures and forms by which |
| 18 | | applicants may apply for a grant and procedures for |
| 19 | | distributing grants to recipients. Any security improvements |
| 20 | | awarded shall remain at the physical property listed in the |
| 21 | | grant application, unless authorized by Agency rule or |
| 22 | | approved by the Agency in writing. The procedures shall |
| 23 | | require each applicant to do the following: |
| 24 | | (1) identify and substantiate prior or current |
| 25 | | threats, attacks, or acts of terrorism against the |
| 26 | | not-for-profit organization; |
|
| | HB4815 | - 10 - | LRB103 38247 JAG 68382 b |
|
|
|
| 1 | | (2) indicate the symbolic or strategic value of one or |
| 2 | | more sites that renders the site a possible target of a |
| 3 | | threat, attack, or act of terrorism; |
| 4 | | (3) discuss potential consequences to the organization |
| 5 | | if the site is damaged, destroyed, or disrupted by a |
| 6 | | threat, attack, or act of terrorism; |
| 7 | | (4) describe how the grant will be used to integrate |
| 8 | | organizational preparedness with broader State and local |
| 9 | | preparedness efforts, as described by the Agency in each |
| 10 | | Notice of Opportunity for Funding; |
| 11 | | (5) submit (i) a vulnerability assessment conducted by |
| 12 | | experienced security, law enforcement, or military |
| 13 | | personnel, or conducted using an Agency-approved or |
| 14 | | federal Nonprofit Security Grant Program self-assessment |
| 15 | | tool, and (ii) a description of how the grant award will be |
| 16 | | used to address the vulnerabilities identified in the |
| 17 | | assessment; and |
| 18 | | (6) submit any other relevant information as may be |
| 19 | | required by the Director. |
| 20 | | The Agency is authorized to use funds appropriated for the |
| 21 | | grant program described in this subsection (g-5) to administer |
| 22 | | the program. Any Agency Notice of Opportunity for Funding, |
| 23 | | proposed or final rulemaking, guidance, training opportunity, |
| 24 | | or other resource related to the grant program must be |
| 25 | | published on the Agency's publicly available website, and any |
| 26 | | announcements related to funding shall be shared with all |
|
| | HB4815 | - 11 - | LRB103 38247 JAG 68382 b |
|
|
|
| 1 | | State legislative offices, the Governor's office, emergency |
| 2 | | services and disaster agencies mandated or required pursuant |
| 3 | | to subsections (b) through (d) of Section 10, and any other |
| 4 | | State agencies as determined by the Agency. Subject to |
| 5 | | appropriation, the grant application period shall be open for |
| 6 | | no less than 45 calendar days during the first application |
| 7 | | cycle each fiscal year, unless the Agency determines that a |
| 8 | | shorter period is necessary to avoid conflicts with the annual |
| 9 | | federal Nonprofit Security Grant Program funding cycle. |
| 10 | | Additional application cycles may be conducted during the same |
| 11 | | fiscal year, subject to availability of funds. Upon request, |
| 12 | | Agency staff shall provide reasonable assistance to any |
| 13 | | applicant in completing a grant application or meeting a |
| 14 | | post-award requirement. |
| 15 | | (h) Except as provided in Section 17.5 of this Act, any |
| 16 | | moneys received by the Agency from donations or sponsorships |
| 17 | | unrelated to a disaster shall be deposited in the Emergency |
| 18 | | Planning and Training Fund and used by the Agency, subject to |
| 19 | | appropriation, to effectuate planning and training activities. |
| 20 | | Any moneys received by the Agency from donations during a |
| 21 | | disaster and intended for disaster response or recovery shall |
| 22 | | be deposited into the Disaster Response and Recovery Fund and |
| 23 | | used for disaster response and recovery pursuant to the |
| 24 | | Disaster Relief Act. |
| 25 | | (i) The Illinois Emergency Management Agency may by rule |
| 26 | | assess and collect reasonable fees for attendance at |