101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3987
 
Introduced 5/19/2020, by Sen. Dan McConchie - Neil Anderson
 
SYNOPSIS AS INTRODUCED:



  
20 ILCS 3305/7 from Ch. 127, par. 1057

 Amends the Illinois Emergency Management Agency Act. Provides that after an initial proclamation declaring that a disaster exists, the Governor may only extend that declaration or make further proclamations regarding the same disaster if the General Assembly passes a resolution within 5 calendar days that approves the extension or further proclamation. Provides that if, due to health or safety concerns, the General Assembly is unable to convene in either regular or special session to approve the extension or further proclamation, the extension or further proclamation may continue in effect until the General Assembly is able to convene in regular or special session if the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives submit written certification to the Governor that the General Assembly is unable to convene to provide the necessary approval of the extension or further proclamation. Effective immediately. 



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A BILL FOR
 


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1 AN ACT concerning State government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Emergency Management Agency Act is 
5amended by changing Section 7 as follows:




6 (20 ILCS 3305/7) (from Ch. 127, par. 1057)



7 Sec. 7. Emergency Powers of the Governor. In the event
of a 
8disaster, as defined in Section 4, the Governor may, by 
9proclamation
declare that a disaster exists. Upon such 
10proclamation,
the Governor shall have and may exercise for a 
11period not to exceed 30
days the following emergency powers; 
12provided, however, that the lapse of
the emergency powers shall 
13not, as regards any act or acts occurring or
committed within 
14the 30-day period, deprive any person, firm, corporation,

15political subdivision, or body politic of any right or rights

16to compensation or reimbursement which he, she, it, or they may 
17have under the
provisions of this Act:


18  (1) To suspend the provisions of any regulatory statute 
19 prescribing
procedures for conduct of State business, or 
20 the orders, rules and regulations
of any State agency, if 
21 strict compliance with the provisions of any statute,

22 order, rule, or regulation would in any way prevent, hinder 
23 or delay necessary
action, including emergency purchases, 
 
 
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1 by the Illinois Emergency Management
Agency, in coping with 
2 the disaster.


3  (2) To utilize all available resources of the State 
4 government as
reasonably necessary to cope with the 
5 disaster and of each political
subdivision of the State.


6  (3) To transfer the direction, personnel or functions 
7 of State
departments and agencies or units thereof for the 
8 purpose of performing or
facilitating disaster response 
9 and recovery programs.


10  (4) On behalf of this State to take possession of, and 
11 to acquire
full title or a lesser specified interest in, 
12 any personal property as may be
necessary to accomplish the 
13 objectives set forth in Section 2 of this Act,
including: 
14 airplanes, automobiles, trucks, trailers, buses, and other 
15 vehicles;
coal, oils, gasoline, and other fuels and means 
16 of propulsion; explosives,
materials, equipment, and 
17 supplies; animals and livestock; feed and seed; food and 
18 provisions
for humans and animals; clothing and bedding; 
19 and
medicines and medical and surgical
supplies; and to 
20 take possession of and for a limited period occupy and use 
21 any
real estate necessary to accomplish those objectives; 
22 but only upon the
undertaking by the State to pay just 
23 compensation therefor as in this Act
provided, and then 
24 only under the following provisions:


25   a. The Governor, or the person or persons as the 
26 Governor may
authorize so to do, may forthwith take 
 
 
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1 possession of
property for and on behalf of the State; 
2 provided, however,
that the Governor or persons shall 
3 simultaneously with
the taking, deliver to the owner or 
4 his or her agent, if the identity
of the owner or 
5 agency is known or readily ascertainable, a signed

6 statement in writing, that shall include the name
and 
7 address of the owner, the date and place of the taking,

8 description of the property sufficient to identify it, 
9 a
statement of interest in the property that is being 
10 so taken,
and, if possible, a statement in writing, 
11 signed by the
owner, setting forth the sum that he or 
12 she is willing to accept
as just compensation for the 
13 property or use. Whether or
not the owner or agent is 
14 known or readily ascertainable, a
true copy of the 
15 statement shall promptly be filed by the
Governor or 
16 the person with the Director, who shall keep
the docket 
17 of the statements. In cases where the sum that
the 
18 owner is willing to accept as just compensation is less

19 than $1,000, copies of the statements shall also be 
20 filed
by the Director with, and shall be passed upon by 
21 an
Emergency Management Claims Commission,
consisting 
22 of 3 disinterested citizens who shall be appointed
by 
23 the Governor, by and with the advice and consent of the

24 Senate, within 20 days after the Governor's 
25 declaration of a
disaster, and if the sum fixed by them 
26 as just
compensation be less than $1,000 and is 
 
 
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1 accepted in writing
by the owner, then the State 
2 Treasurer out of funds
appropriated for these 
3 purposes, shall, upon certification thereof
by the 
4 Emergency Management Claims
Commission, cause the sum 
5 so certified forthwith to be paid
to the owner. The 
6 Emergency Management
Claims Commission is hereby given 
7 the power to issue
appropriate subpoenas and to 
8 administer oaths to witnesses and shall
keep 
9 appropriate minutes and other records of its actions 
10 upon
and the disposition made of all claims.


11   b. When the compensation to be paid for the taking 
12 or use of property
or interest therein is not or cannot 
13 be determined
and paid under item a of this paragraph 
14 (4), a petition in the name of The People
of the State 
15 of Illinois shall be promptly filed by the Director,

16 which filing may be enforced by mandamus, in the

17 circuit court of the county where the
property or any 
18 part thereof was located when initially taken
or used 
19 under the provisions of this Act praying that the 
20 amount
of compensation to be paid to the person or 
21 persons interested
therein be fixed and determined. 
22 The petition shall include
a description of the 
23 property that has been taken, shall state the
physical 
24 condition of the property when taken, shall name
as 
25 defendants all interested parties, shall set forth the

26 sum of money estimated to be just compensation for the 
 
 
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1 property
or interest therein taken or used, and shall 
2 be signed by the
Director. The litigation shall be 
3 handled by the Attorney
General for and on behalf of 
4 the State.


5   c. Just compensation for the taking or use of 
6 property or
interest therein shall be promptly 
7 ascertained in
proceedings and established by judgment 
8 against the State, that shall
include, as part of the 
9 just compensation so awarded, interest
at the rate of 
10 6% per annum on the fair market value of the
property 
11 or interest therein from the date of the taking or
use 
12 to the date of the judgment; and the court may order 
13 the
payment of delinquent taxes and special 
14 assessments out of
the amount so awarded as just 
15 compensation and may make
any other orders with respect 
16 to encumbrances, rents,
insurance, and other charges, 
17 if any, as shall be just and equitable.


18  (5) When required by the exigencies of the disaster, to

19 sell, lend, rent, give, or distribute all or any part of 
20 property so or
otherwise
acquired to the inhabitants of 
21 this State, or to political subdivisions of this
State, or, 
22 under the interstate mutual aid agreements or compacts as 
23 are
entered into under the provisions of subparagraph (5) 
24 of paragraph (c) of
Section 6 to other states, and
to 
25 account for and transmit to the State Treasurer all funds, 
26 if any, received
therefor.


 
 
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1  (6) To recommend the evacuation of all or part of the 
2 population
from any stricken or threatened area within the 
3 State if the Governor deems this action
necessary.


4  (7) To prescribe routes, modes of transportation, and 
5 destinations in
connection with evacuation.


6  (8) To control ingress and egress to and from a 
7 disaster area, the
movement of persons within the area, and 
8 the occupancy of premises therein.


9  (9) To suspend or limit the sale, dispensing, or 
10 transportation of
alcoholic beverages, firearms, 
11 explosives, and combustibles.


12  (10) To make provision for the availability and use of 
13 temporary
emergency housing.


14  (11) A proclamation of a disaster
shall activate the 
15 State Emergency Operations Plan, and political
subdivision 
16 emergency operations plans applicable to the political

17 subdivision or area in question and be authority for the 
18 deployment and use of
any forces that the plan or plans 
19 apply and for use or
distribution of any
supplies, 
20 equipment, and materials and facilities assembled, 
21 stockpiled or
arranged to be made available under this Act 
22 or any other provision
of law relating to disasters.


23  (12) Control, restrict, and regulate by rationing, 
24 freezing, use of
quotas, prohibitions on shipments, price 
25 fixing, allocation or other means, the
use, sale or 
26 distribution of food, feed, fuel, clothing and other 
 
 
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1 commodities,
materials, goods, or services; and perform 
2 and exercise any other functions,
powers, and duties as may

3 be necessary to promote and secure the safety and 
4 protection of the civilian population.


5  (13) During the continuance of any disaster the

6 Governor is commander-in-chief of the organized and 
7 unorganized militia and of
all other forces available for 
8 emergency duty. To the greatest extent practicable,
the 
9 Governor shall delegate or assign command authority to do 
10 so by orders
issued at the time of the disaster.


11  (14) Prohibit increases in the prices of goods and 
12 services during a
disaster.

13  (15) After the initial proclamation made under this 
14 Section declaring that a disaster exists, the Governor may 
15 only extend that declaration or make further proclamations 
16 regarding the same disaster if the General Assembly, 
17 convened in either regular or special session, passes a 
18 resolution that approves the extension or further 
19 proclamation in whole or in part. The resolution shall set 
20 forth the full text of the extension or further 
21 proclamation. If the General Assembly fails to pass the 
22 resolution within 5 calendar days after the extension or 
23 further proclamation, any such extension or further 
24 proclamation shall be null and void. Actions taken pursuant 
25 to any extension or further proclamation during the time 
26 between the issuance of the extension or further 
 
 
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1 proclamation and either action by the General Assembly or 
2 the expiration of the 5-day deadline shall be valid. 
3  If, due to health or safety concerns, the General 
4 Assembly is unable to convene in either regular or special 
5 session to approve the extension or further proclamation, 
6 the extension or further proclamation may continue in 
7 effect until the General Assembly is able to convene in 
8 regular or special session if the President of the Senate, 
9 the Speaker of the House of Representatives, the Minority 
10 Leader of the Senate, and the Minority Leader of the House 
11 of Representatives submit written certification to the 
12 Governor that the General Assembly is unable to convene to 
13 provide the necessary approval of the extension or further 
14 proclamation. 
15(Source: P.A. 100-863, eff. 8-14-18.)



16 Section 99. Effective date. This Act takes effect upon 
17becoming law.