101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3993
 
Introduced 5/20/2020, by Sen. William E. Brady
 
SYNOPSIS AS INTRODUCED:



  
20 ILCS 2310/2310-619 new
20 ILCS 3305/7 from Ch. 127, par. 1057

 Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to establish safe place of business protocols on or before May 30, 2020 to regulate businesses that reopen following the expiration of the specified executive orders or disaster proclamations. Sets forth requirements for the protocols. Provides that businesses that comply with the protocols may reopen and rehire staff at their discretion as soon as is practical. Provides that the provisions are repealed on January 1, 2021. Contains other provisions. 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.



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A BILL FOR
 


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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 Department of Public Health Powers and 
5Duties Law of the
Civil Administrative Code of Illinois is 
6amended by adding Section 2310-619 as follows:

7 (20 ILCS 2310/2310-619 new)
8 Sec. 2310-619. Safe place of business protocols.
9 (a) The General Assembly finds that, to facilitate the 
10State's response to future medical emergencies, the State 
11should adopt commonsense strategies such as allowing 
12physicians licensed in other states to practice in Illinois and 
13creating financial incentives to accelerate the implementation 
14of telemedicine.
15 (b) In this Section:
16 "Protocol" or "protocols" means safe place of business 
17protocols established by the Department under this Section.
18 "Region" means an Emergency Medical Services (EMS) Region 
19designated by the Department under Section 3.15 of the 
20Emergency Medical Services (EMS) Systems Act.
21 (c) The Department shall establish safe place of business 
22protocols on or before May 30, 2020 to regulate reopening 
23businesses that closed pursuant to Executive Order 2020-32 or 
 
 
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1any preceding executive order or disaster proclamation issued 
2during calendar year 2020. The protocols may vary by specific 
3Region. The protocols for Regions with higher instances of 
4COVID-19 diagnoses may have lower density thresholds and more 
5frequent cleaning requirements, and protocols for Regions with 
6fewer COVID-19 diagnoses may have less stringent requirements. 
7The protocols shall include:
8  (1) customer density limits based on business 
9 facilities' square footage and appropriate social 
10 distancing;
11  (2) face covering requirements for employees; and
12  (3) regular cleaning regimens.
13 (d) The Department shall publish additional protocols for 
14specific customer-facing businesses as necessary.
15 (e) A business that complies with the protocols may reopen 
16and rehire staff at its discretion as soon as is practical.
17 (f) A hospital or other healthcare facility that abides by 
18the protocols and is located in a Region with adequate 
19intensive care unit capacity may offer the full spectrum of 
20inpatient and outpatient care and treatment to its patients. 
21The Department shall conduct a public information campaign to 
22explain hospitals' and healthcare facilities' safety protocols 
23and to urge patients not to put off any necessary care.
24 (g) A day care center, as that term is defined under 
25Section 2.09 of the Child Care Act of 1969, may reopen or 
26expand its capacity at its discretion and as soon as is 
 
 
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1practical if it complies with the protocols.
2 (h) This Section is repealed on January 1, 2021.

3 Section 10. The Illinois Emergency Management Agency Act is 
4amended by changing Section 7 as follows:




5 (20 ILCS 3305/7) (from Ch. 127, par. 1057)



6 Sec. 7. Emergency Powers of the Governor. In the event
of a 
7disaster, as defined in Section 4, the Governor may, by 
8proclamation
declare that a disaster exists. Upon such 
9proclamation,
the Governor shall have and may exercise for a 
10period not to exceed 30
days the following emergency powers; 
11provided, however, that the lapse of
the emergency powers shall 
12not, as regards any act or acts occurring or
committed within 
13the 30-day period, deprive any person, firm, corporation,

14political subdivision, or body politic of any right or rights

15to compensation or reimbursement which he, she, it, or they may 
16have under the
provisions of this Act:


17  (1) To suspend the provisions of any regulatory statute 
18 prescribing
procedures for conduct of State business, or 
19 the orders, rules and regulations
of any State agency, if 
20 strict compliance with the provisions of any statute,

21 order, rule, or regulation would in any way prevent, hinder 
22 or delay necessary
action, including emergency purchases, 
23 by the Illinois Emergency Management
Agency, in coping with 
24 the disaster.


 
 
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1  (2) To utilize all available resources of the State 
2 government as
reasonably necessary to cope with the 
3 disaster and of each political
subdivision of the State.


4  (3) To transfer the direction, personnel or functions 
5 of State
departments and agencies or units thereof for the 
6 purpose of performing or
facilitating disaster response 
7 and recovery programs.


8  (4) On behalf of this State to take possession of, and 
9 to acquire
full title or a lesser specified interest in, 
10 any personal property as may be
necessary to accomplish the 
11 objectives set forth in Section 2 of this Act,
including: 
12 airplanes, automobiles, trucks, trailers, buses, and other 
13 vehicles;
coal, oils, gasoline, and other fuels and means 
14 of propulsion; explosives,
materials, equipment, and 
15 supplies; animals and livestock; feed and seed; food and 
16 provisions
for humans and animals; clothing and bedding; 
17 and
medicines and medical and surgical
supplies; and to 
18 take possession of and for a limited period occupy and use 
19 any
real estate necessary to accomplish those objectives; 
20 but only upon the
undertaking by the State to pay just 
21 compensation therefor as in this Act
provided, and then 
22 only under the following provisions:


23   a. The Governor, or the person or persons as the 
24 Governor may
authorize so to do, may forthwith take 
25 possession of
property for and on behalf of the State; 
26 provided, however,
that the Governor or persons shall 
 
 
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1 simultaneously with
the taking, deliver to the owner or 
2 his or her agent, if the identity
of the owner or 
3 agency is known or readily ascertainable, a signed

4 statement in writing, that shall include the name
and 
5 address of the owner, the date and place of the taking,

6 description of the property sufficient to identify it, 
7 a
statement of interest in the property that is being 
8 so taken,
and, if possible, a statement in writing, 
9 signed by the
owner, setting forth the sum that he or 
10 she is willing to accept
as just compensation for the 
11 property or use. Whether or
not the owner or agent is 
12 known or readily ascertainable, a
true copy of the 
13 statement shall promptly be filed by the
Governor or 
14 the person with the Director, who shall keep
the docket 
15 of the statements. In cases where the sum that
the 
16 owner is willing to accept as just compensation is less

17 than $1,000, copies of the statements shall also be 
18 filed
by the Director with, and shall be passed upon by 
19 an
Emergency Management Claims Commission,
consisting 
20 of 3 disinterested citizens who shall be appointed
by 
21 the Governor, by and with the advice and consent of the

22 Senate, within 20 days after the Governor's 
23 declaration of a
disaster, and if the sum fixed by them 
24 as just
compensation be less than $1,000 and is 
25 accepted in writing
by the owner, then the State 
26 Treasurer out of funds
appropriated for these 
 
 
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1 purposes, shall, upon certification thereof
by the 
2 Emergency Management Claims
Commission, cause the sum 
3 so certified forthwith to be paid
to the owner. The 
4 Emergency Management
Claims Commission is hereby given 
5 the power to issue
appropriate subpoenas and to 
6 administer oaths to witnesses and shall
keep 
7 appropriate minutes and other records of its actions 
8 upon
and the disposition made of all claims.


9   b. When the compensation to be paid for the taking 
10 or use of property
or interest therein is not or cannot 
11 be determined
and paid under item a of this paragraph 
12 (4), a petition in the name of The People
of the State 
13 of Illinois shall be promptly filed by the Director,

14 which filing may be enforced by mandamus, in the

15 circuit court of the county where the
property or any 
16 part thereof was located when initially taken
or used 
17 under the provisions of this Act praying that the 
18 amount
of compensation to be paid to the person or 
19 persons interested
therein be fixed and determined. 
20 The petition shall include
a description of the 
21 property that has been taken, shall state the
physical 
22 condition of the property when taken, shall name
as 
23 defendants all interested parties, shall set forth the

24 sum of money estimated to be just compensation for the 
25 property
or interest therein taken or used, and shall 
26 be signed by the
Director. The litigation shall be 
 
 
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1 handled by the Attorney
General for and on behalf of 
2 the State.


3   c. Just compensation for the taking or use of 
4 property or
interest therein shall be promptly 
5 ascertained in
proceedings and established by judgment 
6 against the State, that shall
include, as part of the 
7 just compensation so awarded, interest
at the rate of 
8 6% per annum on the fair market value of the
property 
9 or interest therein from the date of the taking or
use 
10 to the date of the judgment; and the court may order 
11 the
payment of delinquent taxes and special 
12 assessments out of
the amount so awarded as just 
13 compensation and may make
any other orders with respect 
14 to encumbrances, rents,
insurance, and other charges, 
15 if any, as shall be just and equitable.


16  (5) When required by the exigencies of the disaster, to

17 sell, lend, rent, give, or distribute all or any part of 
18 property so or
otherwise
acquired to the inhabitants of 
19 this State, or to political subdivisions of this
State, or, 
20 under the interstate mutual aid agreements or compacts as 
21 are
entered into under the provisions of subparagraph (5) 
22 of paragraph (c) of
Section 6 to other states, and
to 
23 account for and transmit to the State Treasurer all funds, 
24 if any, received
therefor.


25  (6) To recommend the evacuation of all or part of the 
26 population
from any stricken or threatened area within the 
 
 
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1 State if the Governor deems this action
necessary.


2  (7) To prescribe routes, modes of transportation, and 
3 destinations in
connection with evacuation.


4  (8) To control ingress and egress to and from a 
5 disaster area, the
movement of persons within the area, and 
6 the occupancy of premises therein.


7  (9) To suspend or limit the sale, dispensing, or 
8 transportation of
alcoholic beverages, firearms, 
9 explosives, and combustibles.


10  (10) To make provision for the availability and use of 
11 temporary
emergency housing.


12  (11) A proclamation of a disaster
shall activate the 
13 State Emergency Operations Plan, and political
subdivision 
14 emergency operations plans applicable to the political

15 subdivision or area in question and be authority for the 
16 deployment and use of
any forces that the plan or plans 
17 apply and for use or
distribution of any
supplies, 
18 equipment, and materials and facilities assembled, 
19 stockpiled or
arranged to be made available under this Act 
20 or any other provision
of law relating to disasters.


21  (12) Control, restrict, and regulate by rationing, 
22 freezing, use of
quotas, prohibitions on shipments, price 
23 fixing, allocation or other means, the
use, sale or 
24 distribution of food, feed, fuel, clothing and other 
25 commodities,
materials, goods, or services; and perform 
26 and exercise any other functions,
powers, and duties as may

 
 
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1 be necessary to promote and secure the safety and 
2 protection of the civilian population.


3  (13) During the continuance of any disaster the

4 Governor is commander-in-chief of the organized and 
5 unorganized militia and of
all other forces available for 
6 emergency duty. To the greatest extent practicable,
the 
7 Governor shall delegate or assign command authority to do 
8 so by orders
issued at the time of the disaster.


9  (14) Prohibit increases in the prices of goods and 
10 services during a
disaster.

11  (15) After the initial proclamation made under this 
12 Section declaring that a disaster exists, the Governor may 
13 only extend that declaration or make further proclamations 
14 regarding the same disaster if the General Assembly, 
15 convened in either regular or special session, passes a 
16 resolution that approves the extension or further 
17 proclamation in whole or in part. The resolution shall set 
18 forth the full text of the extension or further 
19 proclamation. If the General Assembly fails to pass the 
20 resolution within 5 calendar days after the extension or 
21 further proclamation, any such extension or further 
22 proclamation shall be null and void. Actions taken pursuant 
23 to any extension or further proclamation during the time 
24 between the issuance of the extension or further 
25 proclamation and either action by the General Assembly or 
26 the expiration of the 5-day deadline shall be valid. 
 
 
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1  If, due to health or safety concerns, the General 
2 Assembly is unable to convene in either regular or special 
3 session to approve the extension or further proclamation, 
4 the extension or further proclamation may continue in 
5 effect until the General Assembly is able to convene in 
6 regular or special session if the President of the Senate, 
7 the Speaker of the House of Representatives, the Minority 
8 Leader of the Senate, and the Minority Leader of the House 
9 of Representatives submit written certification to the 
10 Governor that the General Assembly is unable to convene to 
11 provide the necessary approval of the extension or further 
12 proclamation. 
13(Source: P.A. 100-863, eff. 8-14-18.)



14 Section 99. Effective date. This Act takes effect upon 
15becoming law.