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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. Upon such | ||||||||||||||||||||||||
10 | proclamation,
the Governor shall have and may exercise for a | ||||||||||||||||||||||||
11 | period not to exceed 30
days the following emergency powers; | ||||||||||||||||||||||||
12 | provided, however, that the lapse of
the emergency powers | ||||||||||||||||||||||||
13 | shall not, as regards any act or acts occurring or
committed | ||||||||||||||||||||||||
14 | within the 30-day period, deprive any person, firm, | ||||||||||||||||||||||||
15 | corporation,
political subdivision, or body politic of any | ||||||||||||||||||||||||
16 | right or rights
to compensation or reimbursement which he, | ||||||||||||||||||||||||
17 | she, it, or they may have under the
provisions of this Act:
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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
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2 | Agency, in coping with the disaster.
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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.
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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.
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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,
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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
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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:
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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
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7 | statement in writing, that shall include the name
and | ||||||
8 | address of the owner, the date and place of the taking,
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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
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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
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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.
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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,
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18 | which filing may be enforced by mandamus, in the
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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
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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.
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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.
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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.
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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.
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6 | (7) To prescribe routes, modes of transportation, and | ||||||
7 | destinations in
connection with evacuation.
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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.
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11 | (9) To suspend or limit the sale, dispensing, or | ||||||
12 | transportation of
alcoholic beverages, firearms, | ||||||
13 | explosives, and combustibles.
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14 | (10) To make provision for the availability and use of | ||||||
15 | temporary
emergency housing.
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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
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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.
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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.
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7 | (13) During the continuance of any disaster the
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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 command authority to do | ||||||
12 | so by orders
issued at the time of the disaster.
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13 | (14) Prohibit increases in the prices of goods and | ||||||
14 | services during a
disaster. | ||||||
15 | (15) After a proclamation is issued under this Section | ||||||
16 | declaring that a disaster exists, the Governor may extend | ||||||
17 | that declaration or make additional proclamations | ||||||
18 | regarding the same disaster. However, any such extension | ||||||
19 | or additional proclamation shall be void and have no legal | ||||||
20 | effect unless within 5 days of the extension or additional | ||||||
21 | proclamation: | ||||||
22 | (A) the Governor has received written approval for | ||||||
23 | the extension or additional proclamation from 3 of the | ||||||
24 | following: | ||||||
25 | (i) the Speaker of the House of | ||||||
26 | Representatives; |
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1 | (ii) the Minority Leader of the House of | ||||||
2 | Representatives; | ||||||
3 | (iii) the President of the Senate; and | ||||||
4 | (iv) the Minority Leader of the Senate; or | ||||||
5 | (B) the General Assembly adopts a joint resolution | ||||||
6 | approving the extension or additional proclamation. | ||||||
7 | (16) A proclamation declaring a disaster issued under | ||||||
8 | this Section shall be void and have no legal effect if at | ||||||
9 | any time the General Assembly adopts a joint resolution | ||||||
10 | declaring the proclamation to be void and having no legal | ||||||
11 | effect. The General Assembly may by joint resolution | ||||||
12 | declare that any proclamation regarding the same disaster | ||||||
13 | is void and has no legal effect. In the event of such a | ||||||
14 | resolution, any proclamation declaring a disaster issued | ||||||
15 | under this Section regarding that same disaster shall be | ||||||
16 | void and have no legal effect. | ||||||
17 | (17) After a disaster proclamation is issued under | ||||||
18 | this Section, a member of the General Assembly may at any | ||||||
19 | time file a request with the Clerk of the House of | ||||||
20 | Representatives and the Secretary of the Senate for a | ||||||
21 | session to consider the proclamation if the request is | ||||||
22 | signed by no fewer than 20 members of the General | ||||||
23 | Assembly. Upon such a filing, the House of Representatives | ||||||
24 | and Senate shall convene within 5 calendar days and vote | ||||||
25 | on a resolution declaring the proclamation void.
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26 | (Source: P.A. 100-863, eff. 8-14-18.)
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