Illinois General Assembly - Full Text of HB1881
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Full Text of HB1881  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/17/2021, by Rep. Ryan Spain


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 specified members of the General Assembly 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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HB1881LRB102 10850 CPF 16180 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Emergency Management Agency Act is
5amended by changing 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
13shall not, as regards any act or acts occurring or committed
14within the 30-day period, deprive any person, firm,
15corporation, political subdivision, or body politic of any
16right or rights to compensation or reimbursement which he,
17she, it, or they may have under the provisions of this Act:
18        (1) To suspend the provisions of any regulatory
19    statute prescribing procedures for conduct of State
20    business, or the orders, rules and regulations of any
21    State agency, if strict compliance with the provisions of
22    any statute, order, rule, or regulation would in any way
23    prevent, hinder or delay necessary action, including



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1    emergency purchases, by the Illinois Emergency Management
2    Agency, in coping with the disaster.
3        (2) To utilize all available resources of the State
4    government as reasonably necessary to cope with the
5    disaster and of each political subdivision of the State.
6        (3) To transfer the direction, personnel or functions
7    of State departments and agencies or units thereof for the
8    purpose of performing or facilitating disaster response
9    and recovery programs.
10        (4) On behalf of this State to take possession of, and
11    to acquire full title or a lesser specified interest in,
12    any personal property as may be necessary to accomplish
13    the objectives set forth in Section 2 of this Act,
14    including: airplanes, automobiles, trucks, trailers,
15    buses, and other vehicles; coal, oils, gasoline, and other
16    fuels and means of propulsion; explosives, materials,
17    equipment, and supplies; animals and livestock; feed and
18    seed; food and provisions for humans and animals; clothing
19    and bedding; and medicines and medical and surgical
20    supplies; and to take possession of and for a limited
21    period occupy and use any real estate necessary to
22    accomplish those objectives; but only upon the undertaking
23    by the State to pay just compensation therefor as in this
24    Act provided, and then only under the following
25    provisions:
26            a. The Governor, or the person or persons as the



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1        Governor may authorize so to do, may forthwith take
2        possession of property for and on behalf of the State;
3        provided, however, that the Governor or persons shall
4        simultaneously with the taking, deliver to the owner
5        or his or her agent, if the identity of the owner or
6        agency is known or readily ascertainable, a signed
7        statement in writing, that shall include the name and
8        address of the owner, the date and place of the taking,
9        description of the property sufficient to identify it,
10        a statement of interest in the property that is being
11        so taken, and, if possible, a statement in writing,
12        signed by the owner, setting forth the sum that he or
13        she is willing to accept as just compensation for the
14        property or use. Whether or not the owner or agent is
15        known or readily ascertainable, a true copy of the
16        statement shall promptly be filed by the Governor or
17        the person with the Director, who shall keep the
18        docket of the statements. In cases where the sum that
19        the owner is willing to accept as just compensation is
20        less than $1,000, copies of the statements shall also
21        be filed by the Director with, and shall be passed upon
22        by an Emergency Management Claims Commission,
23        consisting of 3 disinterested citizens who shall be
24        appointed by the Governor, by and with the advice and
25        consent of the Senate, within 20 days after the
26        Governor's declaration of a disaster, and if the sum



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1        fixed by them as just compensation be less than $1,000
2        and is accepted in writing by the owner, then the State
3        Treasurer out of funds appropriated for these
4        purposes, shall, upon certification thereof by the
5        Emergency Management Claims Commission, cause the sum
6        so certified forthwith to be paid to the owner. The
7        Emergency Management Claims Commission is hereby given
8        the power to issue appropriate subpoenas and to
9        administer oaths to witnesses and shall keep
10        appropriate minutes and other records of its actions
11        upon and the disposition made of all claims.
12            b. When the compensation to be paid for the taking
13        or use of property or interest therein is not or cannot
14        be determined and paid under item a of this paragraph
15        (4), a petition in the name of The People of the State
16        of Illinois shall be promptly filed by the Director,
17        which filing may be enforced by mandamus, in the
18        circuit court of the county where the property or any
19        part thereof was located when initially taken or used
20        under the provisions of this Act praying that the
21        amount of compensation to be paid to the person or
22        persons interested therein be fixed and determined.
23        The petition shall include a description of the
24        property that has been taken, shall state the physical
25        condition of the property when taken, shall name as
26        defendants all interested parties, shall set forth the



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1        sum of money estimated to be just compensation for the
2        property or interest therein taken or used, and shall
3        be signed by the Director. The litigation shall be
4        handled by the Attorney General for and on behalf of
5        the State.
6            c. Just compensation for the taking or use of
7        property or interest therein shall be promptly
8        ascertained in proceedings and established by judgment
9        against the State, that shall include, as part of the
10        just compensation so awarded, interest at the rate of
11        6% per annum on the fair market value of the property
12        or interest therein from the date of the taking or use
13        to the date of the judgment; and the court may order
14        the payment of delinquent taxes and special
15        assessments out of the amount so awarded as just
16        compensation and may make any other orders with
17        respect to encumbrances, rents, insurance, and other
18        charges, if any, as shall be just and equitable.
19        (5) When required by the exigencies of the disaster,
20    to sell, lend, rent, give, or distribute all or any part of
21    property so or otherwise acquired to the inhabitants of
22    this State, or to political subdivisions of this State,
23    or, under the interstate mutual aid agreements or compacts
24    as are entered into under the provisions of subparagraph
25    (5) of paragraph (c) of Section 6 to other states, and to
26    account for and transmit to the State Treasurer all funds,



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1    if any, received therefor.
2        (6) To recommend the evacuation of all or part of the
3    population from any stricken or threatened area within the
4    State if the Governor deems this action necessary.
5        (7) To prescribe routes, modes of transportation, and
6    destinations in connection with evacuation.
7        (8) To control ingress and egress to and from a
8    disaster area, the movement of persons within the area,
9    and the occupancy of premises therein.
10        (9) To suspend or limit the sale, dispensing, or
11    transportation of alcoholic beverages, firearms,
12    explosives, and combustibles.
13        (10) To make provision for the availability and use of
14    temporary emergency housing.
15        (11) A proclamation of a disaster shall activate the
16    State Emergency Operations Plan, and political subdivision
17    emergency operations plans applicable to the political
18    subdivision or area in question and be authority for the
19    deployment and use of any forces that the plan or plans
20    apply and for use or distribution of any supplies,
21    equipment, and materials and facilities assembled,
22    stockpiled or arranged to be made available under this Act
23    or any other provision of law relating to disasters.
24        (12) Control, restrict, and regulate by rationing,
25    freezing, use of quotas, prohibitions on shipments, price
26    fixing, allocation or other means, the use, sale or



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1    distribution of food, feed, fuel, clothing and other
2    commodities, materials, goods, or services; and perform
3    and exercise any other functions, powers, and duties as
4    may be necessary to promote and secure the safety and
5    protection of the civilian population.
6        (13) During the continuance of any disaster the
7    Governor is commander-in-chief of the organized and
8    unorganized militia and of all other forces available for
9    emergency duty. To the greatest extent practicable, the
10    Governor shall delegate or assign command authority to do
11    so by orders issued at the time of the disaster.
12        (14) Prohibit increases in the prices of goods and
13    services during a disaster.
14        (15) After the initial proclamation made under this
15    Section declaring that a disaster exists, the Governor may
16    only extend that declaration or make further proclamations
17    regarding the same disaster if the General Assembly,
18    convened in either regular or special session, passes a
19    resolution that approves the extension or further
20    proclamation in whole or in part. The resolution shall set
21    forth the full text of the extension or further
22    proclamation. If the General Assembly fails to pass the
23    resolution within 5 calendar days after the extension or
24    further proclamation, any such extension or further
25    proclamation shall be null and void. Actions taken
26    pursuant to any extension or further proclamation during



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1    the time between the issuance of the extension or further
2    proclamation and either action by the General Assembly or
3    the expiration of the 5-day deadline shall be valid.
4        If, due to health or safety concerns, the General
5    Assembly is unable to convene in either regular or special
6    session to approve the extension or further proclamation,
7    the extension or further proclamation may continue in
8    effect until the General Assembly is able to convene in
9    regular or special session if the President of the Senate,
10    the Speaker of the House of Representatives, the Minority
11    Leader of the Senate, and the Minority Leader of the House
12    of Representatives submit written certification to the
13    Governor that the General Assembly is unable to convene to
14    provide the necessary approval of the extension or further
15    proclamation.
16(Source: P.A. 100-863, eff. 8-14-18.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.