Full Text of HB3523 102nd General Assembly
HB3523enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Emergency Management Agency Act is | 5 | | amended by changing Sections 4 and 7 as follows:
| 6 | | (20 ILCS 3305/4) (from Ch. 127, par. 1054)
| 7 | | Sec. 4. Definitions. As used in this Act, unless the | 8 | | context
clearly indicates otherwise, the following words and | 9 | | terms have the
meanings ascribed to them in this Section:
| 10 | | "Coordinator" means the staff assistant to the principal
| 11 | | executive officer of a political subdivision with the duty of | 12 | | coordinating
the emergency management programs of that | 13 | | political subdivision.
| 14 | | "Cyber incident" means an event occurring on or conducted | 15 | | through a computer network that actually or imminently | 16 | | jeopardizes the integrity, confidentiality, or availability of | 17 | | computers, information or communications systems or networks, | 18 | | physical or virtual infrastructure controlled by computers or | 19 | | information systems, or information resident thereon that | 20 | | affect or control infrastructure or communications networks | 21 | | utilized by the public. "Cyber incident" includes a | 22 | | vulnerability in information systems, system security | 23 | | procedures, internal controls, or implementations that could |
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| 1 | | be exploited by a threat source that affect or control | 2 | | infrastructure or communications networks utilized by the | 3 | | public. | 4 | | "Disaster" means an occurrence or threat of widespread or | 5 | | severe
damage, injury or loss of life or property resulting | 6 | | from any natural , or
technological , or human cause, including | 7 | | but not limited to fire, flood, earthquake,
wind, storm, | 8 | | hazardous materials spill or other water contamination | 9 | | requiring
emergency
action to avert danger or damage, | 10 | | epidemic, air contamination, blight,
extended periods of | 11 | | severe and inclement weather,
drought, infestation, critical | 12 | | shortages of essential fuels and energy,
explosion, riot, | 13 | | hostile military or
paramilitary action, public health | 14 | | emergencies, cyber incidents, or acts of domestic
terrorism.
| 15 | | "Emergency Management" means the efforts of the State and | 16 | | the
political subdivisions to develop, plan, analyze, conduct, | 17 | | provide,
implement and
maintain programs for disaster | 18 | | mitigation, preparedness, response and recovery.
| 19 | | "Emergency Services and Disaster Agency" means the
agency | 20 | | by this name, by the name Emergency Management Agency, or by | 21 | | any other
name that is established
by ordinance within a | 22 | | political subdivision to coordinate the emergency
management | 23 | | program within that political subdivision and with private
| 24 | | organizations, other political subdivisions, the State and | 25 | | federal governments.
| 26 | | "Emergency Operations Plan" means the written plan of the |
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| 1 | | State and
political subdivisions describing the organization, | 2 | | mission, and functions
of the government and supporting | 3 | | services for responding to and recovering
from disasters and | 4 | | shall include plans that take into account the needs of those | 5 | | individuals with household pets and service animals following | 6 | | a major disaster or emergency.
| 7 | | "Emergency Services" means the coordination of functions | 8 | | by the
State and its political subdivision, other than | 9 | | functions for which military
forces
are primarily responsible, | 10 | | as may be necessary or proper to prevent,
minimize, repair, | 11 | | and alleviate injury and damage resulting from
any natural or | 12 | | technological causes. These functions include, without
| 13 | | limitation, fire fighting
services, police services, emergency | 14 | | aviation services, medical and
health services, HazMat and | 15 | | technical rescue teams, rescue,
engineering, warning services, | 16 | | communications, radiological,
chemical and other special | 17 | | weapons defense, evacuation of persons from
stricken or | 18 | | threatened areas, emergency assigned functions of plant | 19 | | protection,
temporary restoration of public utility services | 20 | | and other functions
related to civilian protection, together | 21 | | with all other activities
necessary or incidental to | 22 | | protecting life or property.
| 23 | | "Exercise" means a planned event realistically simulating | 24 | | a disaster,
conducted for the purpose of
evaluating the | 25 | | political subdivision's coordinated emergency management
| 26 | | capabilities, including,
but not limited to, testing the |
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| 1 | | emergency operations plan.
| 2 | | "HazMat team" means a career or volunteer mobile support | 3 | | team that has been authorized by a unit of local government to | 4 | | respond to hazardous materials emergencies and that is | 5 | | primarily designed for emergency response to chemical or | 6 | | biological terrorism, radiological emergencies, hazardous | 7 | | material spills, releases, or fires, or other contamination | 8 | | events.
| 9 | | "Illinois Emergency Management Agency"
means the agency
| 10 | | established by this Act within the executive branch of State | 11 | | Government
responsible for coordination of the overall | 12 | | emergency management program of
the State and with private | 13 | | organizations, political subdivisions, and the
federal | 14 | | government.
Illinois Emergency Management Agency also means | 15 | | the State
Emergency Response Commission responsible for the | 16 | | implementation of Title
III of the Superfund Amendments and | 17 | | Reauthorization Act of 1986.
| 18 | | "Mobile Support Team" means
a group of individuals | 19 | | designated as a team by the Governor or Director to
train prior | 20 | | to and to be
dispatched, if the Governor or the Director so | 21 | | determines, to aid and reinforce
the State and political
| 22 | | subdivision emergency management efforts in response to a | 23 | | disaster.
| 24 | | "Municipality" means any city, village, and incorporated | 25 | | town.
| 26 | | "Political Subdivision" means any county, city, village, |
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| 1 | | or
incorporated town or township if the township is in a county | 2 | | having a
population of more than 2,000,000.
| 3 | | "Principal Executive Officer" means chair
of the county | 4 | | board, supervisor of a township if the township
is in a county | 5 | | having a population of more than 2,000,000, mayor
of a city or | 6 | | incorporated town,
president of a village,
or in their absence | 7 | | or disability, the interim successor as
established under | 8 | | Section 7 of the Emergency Interim
Executive Succession Act.
| 9 | | "Public health emergency" means an occurrence or imminent | 10 | | threat of an
illness or health condition that:
| 11 | | (a) is believed to be caused by any of the following:
| 12 | | (i) bioterrorism;
| 13 | | (ii) the appearance of a novel or previously | 14 | | controlled or eradicated
infectious agent or
| 15 | | biological toxin;
| 16 | | (iii) a natural disaster;
| 17 | | (iv) a chemical attack or accidental release; or
| 18 | | (v) a nuclear attack or accident; and
| 19 | | (b) poses a high probability of any of the following | 20 | | harms:
| 21 | | (i) a large number of deaths in the affected | 22 | | population;
| 23 | | (ii) a large number of serious or long-term | 24 | | disabilities in the affected
population; or
| 25 | | (iii) widespread exposure to an infectious or | 26 | | toxic agent that poses a
significant risk of |
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| 1 | | substantial future harm to a large number of people in | 2 | | the
affected population.
| 3 | | "Statewide mutual aid organization" means an entity with | 4 | | local government members throughout the State that facilitates | 5 | | temporary assistance through its members in a particular | 6 | | public safety discipline, such as police, fire or emergency | 7 | | management, when an occurrence exceeds a member jurisdiction's | 8 | | capabilities. | 9 | | "Technical rescue team" means a career or volunteer mobile | 10 | | support team that has been authorized by a unit of local | 11 | | government to respond to building collapse, high angle rescue, | 12 | | and other specialized rescue emergencies and that is primarily | 13 | | designated for emergency response to technical rescue events.
| 14 | | (Source: P.A. 100-587, eff. 6-4-18.)
| 15 | | (20 ILCS 3305/7) (from Ch. 127, par. 1057)
| 16 | | Sec. 7. Emergency Powers of the Governor. In the event
of a | 17 | | disaster, as defined in Section 4, the Governor may, by | 18 | | proclamation
declare that a disaster exists. Upon such | 19 | | proclamation,
the Governor shall have and may exercise for a | 20 | | period not to exceed 30
days the following emergency powers; | 21 | | provided, however, that the lapse of
the emergency powers | 22 | | shall not, as regards any act or acts occurring or
committed | 23 | | within the 30-day period, deprive any person, firm, | 24 | | corporation,
political subdivision, or body politic of any | 25 | | right or rights
to compensation or reimbursement which he, |
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| 1 | | she, it, or they may have under the
provisions of this Act:
| 2 | | (1) To suspend the provisions of any regulatory | 3 | | statute prescribing
procedures for conduct of State | 4 | | business, or the orders, rules and regulations
of any | 5 | | State agency, if strict compliance with the provisions of | 6 | | any statute,
order, rule, or regulation would in any way | 7 | | prevent, hinder or delay necessary
action, including | 8 | | emergency purchases, by the Illinois Emergency Management
| 9 | | Agency, in coping with the disaster.
| 10 | | (2) To utilize all available resources of the State | 11 | | government as
reasonably necessary to cope with the | 12 | | disaster and of each political
subdivision of the State.
| 13 | | (3) To transfer the direction, personnel or functions | 14 | | of State
departments and agencies or units thereof for the | 15 | | purpose of performing or
facilitating disaster response | 16 | | and recovery programs.
| 17 | | (4) On behalf of this State to take possession of, and | 18 | | to acquire
full title or a lesser specified interest in, | 19 | | any personal property as may be
necessary to accomplish | 20 | | the objectives set forth in Section 2 of this Act,
| 21 | | including: airplanes, automobiles, trucks, trailers, | 22 | | buses, and other vehicles;
coal, oils, gasoline, and other | 23 | | fuels and means of propulsion; explosives,
materials, | 24 | | equipment, and supplies; animals and livestock; feed and | 25 | | seed; food and provisions
for humans and animals; clothing | 26 | | and bedding; and
medicines and medical and surgical
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| 1 | | supplies; and to take possession of and for a limited | 2 | | period occupy and use any
real estate necessary to | 3 | | accomplish those objectives; but only upon the
undertaking | 4 | | by the State to pay just compensation therefor as in this | 5 | | Act
provided, and then only under the following | 6 | | provisions:
| 7 | | a. The Governor, or the person or persons as the | 8 | | Governor may
authorize so to do, may forthwith take | 9 | | possession of
property for and on behalf of the State; | 10 | | provided, however,
that the Governor or persons shall | 11 | | simultaneously with
the taking, deliver to the owner | 12 | | or his or her agent, if the identity
of the owner or | 13 | | agency is known or readily ascertainable, a signed
| 14 | | statement in writing, that shall include the name
and | 15 | | address of the owner, the date and place of the taking,
| 16 | | description of the property sufficient to identify it, | 17 | | a
statement of interest in the property that is being | 18 | | so taken,
and, if possible, a statement in writing, | 19 | | signed by the
owner, setting forth the sum that he or | 20 | | she is willing to accept
as just compensation for the | 21 | | property or use. Whether or
not the owner or agent is | 22 | | known or readily ascertainable, a
true copy of the | 23 | | statement shall promptly be filed by the
Governor or | 24 | | the person with the Director, who shall keep
the | 25 | | docket of the statements. In cases where the sum that
| 26 | | the owner is willing to accept as just compensation is |
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| 1 | | less
than $1,000, copies of the statements shall also | 2 | | be filed
by the Director with, and shall be passed upon | 3 | | by an
Emergency Management Claims Commission,
| 4 | | consisting of 3 disinterested citizens who shall be | 5 | | appointed
by the Governor, by and with the advice and | 6 | | consent of the
Senate, within 20 days after the | 7 | | Governor's declaration of a
disaster, and if the sum | 8 | | fixed by them as just
compensation be less than $1,000 | 9 | | and is accepted in writing
by the owner, then the State | 10 | | Treasurer out of funds
appropriated for these | 11 | | purposes, shall, upon certification thereof
by the | 12 | | Emergency Management Claims
Commission, cause the sum | 13 | | so certified forthwith to be paid
to the owner. The | 14 | | Emergency Management
Claims Commission is hereby given | 15 | | the power to issue
appropriate subpoenas and to | 16 | | administer oaths to witnesses and shall
keep | 17 | | appropriate minutes and other records of its actions | 18 | | upon
and the disposition made of all claims.
| 19 | | b. When the compensation to be paid for the taking | 20 | | or use of property
or interest therein is not or cannot | 21 | | be determined
and paid under item a of this paragraph | 22 | | (4), a petition in the name of The People
of the State | 23 | | of Illinois shall be promptly filed by the Director,
| 24 | | which filing may be enforced by mandamus, in the
| 25 | | circuit court of the county where the
property or any | 26 | | part thereof was located when initially taken
or used |
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| 1 | | under the provisions of this Act praying that the | 2 | | amount
of compensation to be paid to the person or | 3 | | persons interested
therein be fixed and determined. | 4 | | The petition shall include
a description of the | 5 | | property that has been taken, shall state the
physical | 6 | | condition of the property when taken, shall name
as | 7 | | defendants all interested parties, shall set forth the
| 8 | | sum of money estimated to be just compensation for the | 9 | | property
or interest therein taken or used, and shall | 10 | | be signed by the
Director. The litigation shall be | 11 | | handled by the Attorney
General for and on behalf of | 12 | | the State.
| 13 | | c. Just compensation for the taking or use of | 14 | | property or
interest therein shall be promptly | 15 | | ascertained in
proceedings and established by judgment | 16 | | against the State, that shall
include, as part of the | 17 | | just compensation so awarded, interest
at the rate of | 18 | | 6% per annum on the fair market value of the
property | 19 | | or interest therein from the date of the taking or
use | 20 | | to the date of the judgment; and the court may order | 21 | | the
payment of delinquent taxes and special | 22 | | assessments out of
the amount so awarded as just | 23 | | compensation and may make
any other orders with | 24 | | respect to encumbrances, rents,
insurance, and other | 25 | | charges, if any, as shall be just and equitable.
| 26 | | (5) When required by the exigencies of the disaster, |
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| 1 | | to
sell, lend, rent, give, or distribute all or any part of | 2 | | property so or
otherwise
acquired to the inhabitants of | 3 | | this State, or to political subdivisions of this
State, | 4 | | or, under the interstate mutual aid agreements or compacts | 5 | | as are
entered into under the provisions of subparagraph | 6 | | (5) of paragraph (c) of
Section 6 to other states, and
to | 7 | | account for and transmit to the State Treasurer all funds, | 8 | | if any, received
therefor.
| 9 | | (6) To recommend the evacuation of all or part of the | 10 | | population
from any stricken or threatened area within the | 11 | | State if the Governor deems this action
necessary.
| 12 | | (7) To prescribe routes, modes of transportation, and | 13 | | destinations in
connection with evacuation.
| 14 | | (8) To control ingress and egress to and from a | 15 | | disaster area, the
movement of persons within the area, | 16 | | and the occupancy of premises therein.
| 17 | | (9) To suspend or limit the sale, dispensing, or | 18 | | transportation of
alcoholic beverages, firearms, | 19 | | explosives, and combustibles.
| 20 | | (10) To make provision for the availability and use of | 21 | | temporary
emergency housing.
| 22 | | (11) A proclamation of a disaster
shall activate the | 23 | | State Emergency Operations Plan, and political
subdivision | 24 | | emergency operations plans applicable to the political
| 25 | | subdivision or area in question and be authority for the | 26 | | deployment and use of
any forces that the plan or plans |
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| 1 | | apply and for use or
distribution of any
supplies, | 2 | | equipment, and materials and facilities assembled, | 3 | | stockpiled or
arranged to be made available under this Act | 4 | | or any other provision
of law relating to disasters.
| 5 | | (12) Control, restrict, and regulate by rationing, | 6 | | freezing, use of
quotas, prohibitions on shipments, price | 7 | | fixing, allocation or other means, the
use, sale or | 8 | | distribution of food, feed, fuel, clothing and other | 9 | | commodities,
materials, goods, or services; and perform | 10 | | and exercise any other functions,
powers, and duties as | 11 | | may
be necessary to promote and secure the safety and | 12 | | protection of the civilian population.
| 13 | | (13) During the continuance of any disaster the
| 14 | | Governor is commander-in-chief of the organized and | 15 | | unorganized militia and of
all other forces available for | 16 | | emergency duty. To the greatest extent practicable,
the | 17 | | Governor shall delegate or assign command authority to the | 18 | | Director to manage, coordinate, and direct all resources | 19 | | do so by orders
issued at the time of the disaster.
| 20 | | (14) Prohibit increases in the prices of goods and | 21 | | services during a
disaster.
| 22 | | (Source: P.A. 100-863, eff. 8-14-18.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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