103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4689
 
Introduced , by Rep. Tim Ozinga
 
SYNOPSIS AS INTRODUCED:

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


 
 
A BILL FOR
 
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 
 
 
HB4689- 2 -LRB103 36053 LNS 66140 b


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:
 
 
HB4689- 3 -LRB103 36053 LNS 66140 b


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 
 
 
HB4689- 4 -LRB103 36053 LNS 66140 b


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 
 
 
HB4689- 5 -LRB103 36053 LNS 66140 b


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 
 
 
HB4689- 6 -LRB103 36053 LNS 66140 b


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 
 
 
HB4689- 7 -LRB103 36053 LNS 66140 b


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 
 
 
HB4689- 8 -LRB103 36053 LNS 66140 b


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.)