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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5780 Introduced , by Rep. Tim Butler SYNOPSIS AS INTRODUCED:
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| 20 ILCS 3305/7 | from Ch. 127, par. 1057 |
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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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| 1 | | AN ACT concerning State government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Emergency Management Agency Act is |
| 5 | | amended by changing Section 7 as follows:
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| 6 | | (20 ILCS 3305/7) (from Ch. 127, par. 1057)
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| 7 | | Sec. 7. Emergency Powers of the Governor. In the event
of a |
| 8 | | disaster, as defined in Section 4, the Governor may, by |
| 9 | | proclamation
declare that a disaster exists. In any 12-month |
| 10 | | period the Governor shall have the authority to issue only one |
| 11 | | proclamation per disaster. Any further proclamation for the |
| 12 | | disaster that triggered the original proclamation shall be in |
| 13 | | force only after a two-thirds vote of each chamber of the |
| 14 | | General Assembly approves a joint resolution containing the |
| 15 | | exact language of the proclamation and which the Governor must |
| 16 | | follow. The Governor shall have no authority to amend or change |
| 17 | | the language of the proclamation as approved by joint |
| 18 | | resolution. Upon a valid such proclamation,
the Governor shall |
| 19 | | have and may exercise for a period not to exceed 30
days the |
| 20 | | following emergency powers; provided, however, that the lapse |
| 21 | | of
the emergency powers shall not, as regards any act or acts |
| 22 | | occurring or
committed within the 30-day period, deprive any |
| 23 | | person, firm, corporation,
political subdivision, or body |
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| 1 | | politic of any right or rights
to compensation or reimbursement |
| 2 | | which he, she, it, or they may have under the
provisions of |
| 3 | | this Act:
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| 4 | | (1) To suspend the provisions of any regulatory statute |
| 5 | | prescribing
procedures for conduct of State business, or |
| 6 | | the orders, rules and regulations
of any State agency, if |
| 7 | | strict compliance with the provisions of any statute,
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| 8 | | order, rule, or regulation would in any way prevent, hinder |
| 9 | | or delay necessary
action, including emergency purchases, |
| 10 | | by the Illinois Emergency Management
Agency, in coping with |
| 11 | | the disaster.
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| 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.
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| 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.
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| 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 the |
| 22 | | objectives set forth in Section 2 of this Act,
including: |
| 23 | | airplanes, automobiles, trucks, trailers, buses, and other |
| 24 | | vehicles;
coal, oils, gasoline, and other fuels and means |
| 25 | | of propulsion; explosives,
materials, equipment, and |
| 26 | | supplies; animals and livestock; feed and seed; food and |
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| 1 | | provisions
for humans and animals; clothing and bedding; |
| 2 | | and
medicines and medical and surgical
supplies; and to |
| 3 | | take possession of and for a limited period occupy and use |
| 4 | | any
real estate necessary to accomplish those objectives; |
| 5 | | but only upon the
undertaking by the State to pay just |
| 6 | | compensation therefor as in this Act
provided, and then |
| 7 | | only under the following provisions:
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| 8 | | a. The Governor, or the person or persons as the |
| 9 | | Governor may
authorize so to do, may forthwith take |
| 10 | | possession of
property for and on behalf of the State; |
| 11 | | provided, however,
that the Governor or persons shall |
| 12 | | simultaneously with
the taking, deliver to the owner or |
| 13 | | his or her agent, if the identity
of the owner or |
| 14 | | agency is known or readily ascertainable, a signed
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| 15 | | statement in writing, that shall include the name
and |
| 16 | | address of the owner, the date and place of the taking,
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| 17 | | description of the property sufficient to identify it, |
| 18 | | a
statement of interest in the property that is being |
| 19 | | so taken,
and, if possible, a statement in writing, |
| 20 | | signed by the
owner, setting forth the sum that he or |
| 21 | | she is willing to accept
as just compensation for the |
| 22 | | property or use. Whether or
not the owner or agent is |
| 23 | | known or readily ascertainable, a
true copy of the |
| 24 | | statement shall promptly be filed by the
Governor or |
| 25 | | the person with the Director, who shall keep
the docket |
| 26 | | of the statements. In cases where the sum that
the |
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| 1 | | owner is willing to accept as just compensation is less
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| 2 | | than $1,000, copies of the statements shall also be |
| 3 | | filed
by the Director with, and shall be passed upon by |
| 4 | | an
Emergency Management Claims Commission,
consisting |
| 5 | | of 3 disinterested citizens who shall be appointed
by |
| 6 | | the Governor, by and with the advice and consent of the
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| 7 | | Senate, within 20 days after the Governor's |
| 8 | | declaration of a
disaster, and if the sum fixed by them |
| 9 | | as just
compensation be less than $1,000 and is |
| 10 | | accepted in writing
by the owner, then the State |
| 11 | | Treasurer out of funds
appropriated for these |
| 12 | | purposes, shall, upon certification thereof
by the |
| 13 | | Emergency Management Claims
Commission, cause the sum |
| 14 | | so certified forthwith to be paid
to the owner. The |
| 15 | | Emergency Management
Claims Commission is hereby given |
| 16 | | the power to issue
appropriate subpoenas and to |
| 17 | | administer oaths to witnesses and shall
keep |
| 18 | | appropriate minutes and other records of its actions |
| 19 | | upon
and the disposition made of all claims.
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| 20 | | b. When the compensation to be paid for the taking |
| 21 | | or use of property
or interest therein is not or cannot |
| 22 | | be determined
and paid under item a of this paragraph |
| 23 | | (4), a petition in the name of The People
of the State |
| 24 | | of Illinois shall be promptly filed by the Director,
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| 25 | | which filing may be enforced by mandamus, in the
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| 26 | | circuit court of the county where the
property or any |
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| 1 | | part thereof was located when initially taken
or used |
| 2 | | under the provisions of this Act praying that the |
| 3 | | amount
of compensation to be paid to the person or |
| 4 | | persons interested
therein be fixed and determined. |
| 5 | | The petition shall include
a description of the |
| 6 | | property that has been taken, shall state the
physical |
| 7 | | condition of the property when taken, shall name
as |
| 8 | | defendants all interested parties, shall set forth the
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| 9 | | sum of money estimated to be just compensation for the |
| 10 | | property
or interest therein taken or used, and shall |
| 11 | | be signed by the
Director. The litigation shall be |
| 12 | | handled by the Attorney
General for and on behalf of |
| 13 | | the State.
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| 14 | | c. Just compensation for the taking or use of |
| 15 | | property or
interest therein shall be promptly |
| 16 | | ascertained in
proceedings and established by judgment |
| 17 | | against the State, that shall
include, as part of the |
| 18 | | just compensation so awarded, interest
at the rate of |
| 19 | | 6% per annum on the fair market value of the
property |
| 20 | | or interest therein from the date of the taking or
use |
| 21 | | to the date of the judgment; and the court may order |
| 22 | | the
payment of delinquent taxes and special |
| 23 | | assessments out of
the amount so awarded as just |
| 24 | | compensation and may make
any other orders with respect |
| 25 | | to encumbrances, rents,
insurance, and other charges, |
| 26 | | if any, as shall be just and equitable.
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| 1 | | (5) When required by the exigencies of the disaster, to
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| 2 | | sell, lend, rent, give, or distribute all or any part of |
| 3 | | property so or
otherwise
acquired to the inhabitants of |
| 4 | | this State, or to political subdivisions of this
State, or, |
| 5 | | under the interstate mutual aid agreements or compacts as |
| 6 | | are
entered into under the provisions of subparagraph (5) |
| 7 | | of paragraph (c) of
Section 6 to other states, and
to |
| 8 | | account for and transmit to the State Treasurer all funds, |
| 9 | | if any, received
therefor.
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| 10 | | (6) To recommend the evacuation of all or part of the |
| 11 | | population
from any stricken or threatened area within the |
| 12 | | State if the Governor deems this action
necessary.
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| 13 | | (7) To prescribe routes, modes of transportation, and |
| 14 | | destinations in
connection with evacuation.
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| 15 | | (8) To control ingress and egress to and from a |
| 16 | | disaster area, the
movement of persons within the area, and |
| 17 | | the occupancy of premises therein.
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| 18 | | (9) To suspend or limit the sale, dispensing, or |
| 19 | | transportation of
alcoholic beverages, firearms, |
| 20 | | explosives, and combustibles.
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| 21 | | (10) To make provision for the availability and use of |
| 22 | | temporary
emergency housing.
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| 23 | | (11) A proclamation of a disaster
shall activate the |
| 24 | | State Emergency Operations Plan, and political
subdivision |
| 25 | | emergency operations plans applicable to the political
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| 26 | | subdivision or area in question and be authority for the |
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| 1 | | deployment and use of
any forces that the plan or plans |
| 2 | | apply and for use or
distribution of any
supplies, |
| 3 | | equipment, and materials and facilities assembled, |
| 4 | | stockpiled or
arranged to be made available under this Act |
| 5 | | or any other provision
of law relating to disasters.
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| 6 | | (12) Control, restrict, and regulate by rationing, |
| 7 | | freezing, use of
quotas, prohibitions on shipments, price |
| 8 | | fixing, allocation or other means, the
use, sale or |
| 9 | | distribution of food, feed, fuel, clothing and other |
| 10 | | commodities,
materials, goods, or services; and perform |
| 11 | | and exercise any other functions,
powers, and duties as may
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| 12 | | be necessary to promote and secure the safety and |
| 13 | | protection of the civilian population.
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| 14 | | (13) During the continuance of any disaster the
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| 15 | | Governor is commander-in-chief of the organized and |
| 16 | | unorganized militia and of
all other forces available for |
| 17 | | emergency duty. To the greatest extent practicable,
the |
| 18 | | Governor shall delegate or assign command authority to do |
| 19 | | so by orders
issued at the time of the disaster.
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| 20 | | (14) Prohibit increases in the prices of goods and |
| 21 | | services during a
disaster.
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| 22 | | (Source: P.A. 100-863, eff. 8-14-18.)
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