Illinois General Assembly - Full Text of HB0210
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Full Text of HB0210  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/22/2021, by Rep. Joe Sosnowski - Dan Caulkins


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

    Amends the Illinois Emergency Management Agency Act. Provides that in any 12-month period the Governor shall have the authority to issue only one proclamation per disaster and that any further proclamation for the disaster that triggered the original proclamation shall be in force only after a two-thirds vote of each chamber of the General Assembly approves a joint resolution containing the exact language of the proclamation and which the Governor must follow. Provides that the Governor shall have no authority to amend or change the language of the proclamation as approved by joint resolution.

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HB0210LRB102 05139 CPF 15160 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. In any 12-month
10period the Governor shall have the authority to issue only one
11proclamation per disaster. Any further proclamation for the
12disaster that triggered the original proclamation shall be in
13force only after a two-thirds vote of each chamber of the
14General Assembly approves a joint resolution containing the
15exact language of the proclamation and which the Governor must
16follow. The Governor shall have no authority to amend or
17change the language of the proclamation as approved by joint
18resolution. Upon a valid such proclamation, the Governor shall
19have and may exercise for a period not to exceed 30 days the
20following emergency powers; provided, however, that the lapse
21of the emergency powers shall not, as regards any act or acts
22occurring or committed within the 30-day period, deprive any
23person, firm, corporation, political subdivision, or body



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1politic of any right or rights to compensation or
2reimbursement which he, she, it, or they may have under the
3provisions of this Act:
4        (1) To suspend the provisions of any regulatory
5    statute prescribing procedures for conduct of State
6    business, or the orders, rules and regulations of any
7    State agency, if strict compliance with the provisions of
8    any statute, order, rule, or regulation would in any way
9    prevent, hinder or delay necessary action, including
10    emergency purchases, by the Illinois Emergency Management
11    Agency, in coping with the disaster.
12        (2) To utilize all available resources of the State
13    government as reasonably necessary to cope with the
14    disaster and of each political subdivision of the State.
15        (3) To transfer the direction, personnel or functions
16    of State departments and agencies or units thereof for the
17    purpose of performing or facilitating disaster response
18    and recovery programs.
19        (4) On behalf of this State to take possession of, and
20    to acquire full title or a lesser specified interest in,
21    any personal property as may be necessary to accomplish
22    the objectives set forth in Section 2 of this Act,
23    including: airplanes, automobiles, trucks, trailers,
24    buses, and other vehicles; coal, oils, gasoline, and other
25    fuels and means of propulsion; explosives, materials,
26    equipment, and supplies; animals and livestock; feed and



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1    seed; food and provisions for humans and animals; clothing
2    and bedding; and medicines and medical and surgical
3    supplies; and to take possession of and for a limited
4    period occupy and use any real estate necessary to
5    accomplish those objectives; but only upon the undertaking
6    by the State to pay just compensation therefor as in this
7    Act provided, and then only under the following
8    provisions:
9            a. The Governor, or the person or persons as the
10        Governor may authorize so to do, may forthwith take
11        possession of property for and on behalf of the State;
12        provided, however, that the Governor or persons shall
13        simultaneously with the taking, deliver to the owner
14        or his or her agent, if the identity of the owner or
15        agency is known or readily ascertainable, a signed
16        statement in writing, that shall include the name and
17        address of the owner, the date and place of the taking,
18        description of the property sufficient to identify it,
19        a statement of interest in the property that is being
20        so taken, and, if possible, a statement in writing,
21        signed by the owner, setting forth the sum that he or
22        she is willing to accept as just compensation for the
23        property or use. Whether or not the owner or agent is
24        known or readily ascertainable, a true copy of the
25        statement shall promptly be filed by the Governor or
26        the person with the Director, who shall keep the



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1        docket of the statements. In cases where the sum that
2        the owner is willing to accept as just compensation is
3        less than $1,000, copies of the statements shall also
4        be filed by the Director with, and shall be passed upon
5        by an Emergency Management Claims Commission,
6        consisting of 3 disinterested citizens who shall be
7        appointed by the Governor, by and with the advice and
8        consent of the Senate, within 20 days after the
9        Governor's declaration of a disaster, and if the sum
10        fixed by them as just compensation be less than $1,000
11        and is accepted in writing by the owner, then the State
12        Treasurer out of funds appropriated for these
13        purposes, shall, upon certification thereof by the
14        Emergency Management Claims Commission, cause the sum
15        so certified forthwith to be paid to the owner. The
16        Emergency Management Claims Commission is hereby given
17        the power to issue appropriate subpoenas and to
18        administer oaths to witnesses and shall keep
19        appropriate minutes and other records of its actions
20        upon and the disposition made of all claims.
21            b. When the compensation to be paid for the taking
22        or use of property or interest therein is not or cannot
23        be determined and paid under item a of this paragraph
24        (4), a petition in the name of The People of the State
25        of Illinois shall be promptly filed by the Director,
26        which filing may be enforced by mandamus, in the



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1        circuit court of the county where the property or any
2        part thereof was located when initially taken or used
3        under the provisions of this Act praying that the
4        amount of compensation to be paid to the person or
5        persons interested therein be fixed and determined.
6        The petition shall include a description of the
7        property that has been taken, shall state the physical
8        condition of the property when taken, shall name as
9        defendants all interested parties, shall set forth the
10        sum of money estimated to be just compensation for the
11        property or interest therein taken or used, and shall
12        be signed by the Director. The litigation shall be
13        handled by the Attorney General for and on behalf of
14        the State.
15            c. Just compensation for the taking or use of
16        property or interest therein shall be promptly
17        ascertained in proceedings and established by judgment
18        against the State, that shall include, as part of the
19        just compensation so awarded, interest at the rate of
20        6% per annum on the fair market value of the property
21        or interest therein from the date of the taking or use
22        to the date of the judgment; and the court may order
23        the payment of delinquent taxes and special
24        assessments out of the amount so awarded as just
25        compensation and may make any other orders with
26        respect to encumbrances, rents, insurance, and other



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1        charges, if any, as shall be just and equitable.
2        (5) When required by the exigencies of the disaster,
3    to sell, lend, rent, give, or distribute all or any part of
4    property so or otherwise acquired to the inhabitants of
5    this State, or to political subdivisions of this State,
6    or, under the interstate mutual aid agreements or compacts
7    as are entered into under the provisions of subparagraph
8    (5) of paragraph (c) of Section 6 to other states, and to
9    account for and transmit to the State Treasurer all funds,
10    if any, received therefor.
11        (6) To recommend the evacuation of all or part of the
12    population from any stricken or threatened area within the
13    State if the Governor deems this action necessary.
14        (7) To prescribe routes, modes of transportation, and
15    destinations in connection with evacuation.
16        (8) To control ingress and egress to and from a
17    disaster area, the movement of persons within the area,
18    and the occupancy of premises therein.
19        (9) To suspend or limit the sale, dispensing, or
20    transportation of alcoholic beverages, firearms,
21    explosives, and combustibles.
22        (10) To make provision for the availability and use of
23    temporary emergency housing.
24        (11) A proclamation of a disaster shall activate the
25    State Emergency Operations Plan, and political subdivision
26    emergency operations plans applicable to the political



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1    subdivision or area in question and be authority for the
2    deployment and use of any forces that the plan or plans
3    apply and for use or distribution of any supplies,
4    equipment, and materials and facilities assembled,
5    stockpiled or arranged to be made available under this Act
6    or any other provision of law relating to disasters.
7        (12) Control, restrict, and regulate by rationing,
8    freezing, use of quotas, prohibitions on shipments, price
9    fixing, allocation or other means, the use, sale or
10    distribution of food, feed, fuel, clothing and other
11    commodities, materials, goods, or services; and perform
12    and exercise any other functions, powers, and duties as
13    may be necessary to promote and secure the safety and
14    protection of the civilian population.
15        (13) During the continuance of any disaster the
16    Governor is commander-in-chief of the organized and
17    unorganized militia and of all other forces available for
18    emergency duty. To the greatest extent practicable, the
19    Governor shall delegate or assign command authority to do
20    so by orders issued at the time of the disaster.
21        (14) Prohibit increases in the prices of goods and
22    services during a disaster.
23(Source: P.A. 100-863, eff. 8-14-18.)