102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0843
 
Introduced , by Rep. Dan Ugaste
 
SYNOPSIS AS INTRODUCED:



  
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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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB0843LRB102 10917 CPF 16248 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. 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 command authority to do 
12 so by orders
issued at the time of the disaster.


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. 

26(Source: P.A. 100-863, eff. 8-14-18.)