Illinois General Assembly - Full Text of HB4689
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Full Text of HB4689  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/6/2024, by Rep. Tim Ozinga


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.

LRB103 36053 LNS 66140 b





HB4689LRB103 36053 LNS 66140 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.
8    (a) In the event of a disaster, as defined in Section 4,
9the Governor may, by proclamation declare that a disaster
10exists. Upon such proclamation, the Governor shall have and
11may exercise for a period not to exceed 30 days the following
12emergency powers; provided, however, that the lapse of the
13emergency powers shall not, as regards any act or acts
14occurring or committed within the 30-day period, deprive any
15person, firm, corporation, political subdivision, or body
16politic of any right or rights to compensation or
17reimbursement which he, she, it, or they may have under the
18provisions of this Act:
19        (1) To suspend the provisions of any regulatory
20    statute prescribing procedures for conduct of State
21    business, or the orders, rules and regulations of any
22    State agency, if strict compliance with the provisions of
23    any statute, order, rule, or regulation would in any way



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



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



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



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



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



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



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1any extension or further proclamation during the time between
2the issuance of the extension or further proclamation and
3either action by the General Assembly or the expiration of the
45-day deadline shall be valid.
5    If, due to health or safety concerns, the General Assembly
6is unable to convene in either regular or special session to
7approve the extension or further proclamation, the extension
8or further proclamation may continue in effect until the
9General Assembly is able to convene in regular or special
10session if the President of the Senate, the Speaker of the
11House of Representatives, the Minority Leader of the Senate,
12and the Minority Leader of the House of Representatives submit
13written certification to the Governor that the General
14Assembly is unable to convene to provide the necessary
15approval of the extension or further proclamation.
16(Source: P.A. 102-485, eff. 8-20-21.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.