Illinois General Assembly - Full Text of HB1352
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Full Text of HB1352  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 1/31/2023, by Rep. Dan Ugaste


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

    Amends the Illinois Emergency Management Agency Act. Provides that procedural requirements regarding the Governor taking possession of property for and on behalf of the State must take place in cases where the sum that the owner is willing to accept as just compensation is less than $25,000 (currently, $1,000). Provides that if the Governor issues a proclamation declaring a disaster, the Governor may extend the proclamation or make an additional proclamation regarding the same disaster, but the extension or additional proclamation shall be void and have no legal effect unless within 5 days of the extension or additional proclamation (i) he or she receives written approval to extend the proclamation or make an additional proclamation from 3 legislative leaders or (ii) the General Assembly adopts a joint resolution approving the extension or additional proclamation. Provides that a disaster proclamation issued, or a disaster proclamation regarding the same disaster, shall be void and have no legal effect if at any time the General Assembly adopts a joint resolution declaring the proclamation to be void. Provides that after a disaster proclamation is issued a member of the General Assembly may at any time file a request with the Clerk of the House of Representatives and the Secretary of the Senate for a session to consider the proclamation if the request is signed by no fewer than 20 members of the General Assembly. Provides that upon such a filing, the House of Representatives and Senate shall convene within 5 calendar days and vote on a resolution declaring the proclamation void.

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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
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 $25,000 $1,000, copies of the statements
21        shall also be filed by the Director with, and shall be
22        passed upon by an Emergency Management Claims
23        Commission, consisting of 3 disinterested citizens who
24        shall be appointed by the Governor, by and with the
25        advice and consent of the Senate, within 20 days after
26        the Governor's declaration of a disaster, and if the



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1        sum fixed by them as just compensation be less than
2        $25,000 $1,000 and is accepted in writing by the
3        owner, then the State Treasurer out of funds
4        appropriated for these purposes, shall, upon
5        certification thereof by the Emergency Management
6        Claims Commission, cause the sum so certified
7        forthwith to be paid to the owner. The Emergency
8        Management Claims Commission is hereby given the power
9        to issue appropriate subpoenas and to administer oaths
10        to witnesses and shall keep appropriate minutes and
11        other records of its actions upon and the disposition
12        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        (15) After a proclamation is issued under this Section
17    declaring that a disaster exists, the Governor may extend
18    that declaration or make additional proclamations
19    regarding the same disaster. However, any such extension
20    or additional proclamation shall be void and have no legal
21    effect unless within 5 days of the extension or additional
22    proclamation:
23            (A) the Governor has received written approval for
24        the extension or additional proclamation from 3 of the
25        following:
26                (i) the Speaker of the House of



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1            Representatives;
2                (ii) the Minority Leader of the House of
3            Representatives;
4                (iii) the President of the Senate; and
5                (iv) the Minority Leader of the Senate; or
6            (B) the General Assembly adopts a joint resolution
7        approving the extension or additional proclamation.
8        (16) A proclamation declaring a disaster issued under
9    this Section shall be void and have no legal effect if at
10    any time the General Assembly adopts a joint resolution
11    declaring the proclamation to be void and having no legal
12    effect. The General Assembly may by joint resolution
13    declare that any proclamation regarding the same disaster
14    is void and has no legal effect. In the event of such a
15    resolution, any proclamation declaring a disaster issued
16    under this Section regarding that same disaster shall be
17    void and have no legal effect.
18        (17) After a disaster proclamation is issued under
19    this Section, a member of the General Assembly may at any
20    time file a request with the Clerk of the House of
21    Representatives and the Secretary of the Senate for a
22    session to consider the proclamation if the request is
23    signed by no fewer than 20 members of the General
24    Assembly. Upon such a filing, the House of Representatives
25    and Senate shall convene within 5 calendar days and vote
26    on a resolution declaring the proclamation void.



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1(Source: P.A. 102-485, eff. 8-20-21.)