102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3009
 
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 nothing in provisions regarding emergency powers of the Governor shall be construed to allow the Governor to order any business to cease operation or to prohibit customers from traveling to a business.



LRB102 13560 CPF 18908 b


 
 
A BILL FOR
 


HB3009LRB102 13560 CPF 18908 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 $1,000, copies of the statements shall also 
21 be filed
by the Director with, and shall be passed upon 
22 by an
Emergency Management Claims Commission,

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


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

17 which filing may be enforced by mandamus, in the

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

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


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


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


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


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


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


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


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


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

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


24  (12) Control, restrict, and regulate by rationing, 
25 freezing, use of
quotas, prohibitions on shipments, price 
26 fixing, allocation or other means, the
use, sale or 
 
 
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1 distribution of food, feed, fuel, clothing and other 
2 commodities,
materials, goods, or services; and perform 
3 and exercise any other functions,
powers, and duties as 
4 may
be necessary to promote and secure the safety and 
5 protection of the civilian population.


6  (13) During the continuance of any disaster the

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


12  (14) Prohibit increases in the prices of goods and 
13 services during a
disaster.
14  (15) Nothing in this Section shall be construed to 
15 allow the Governor to order any business to cease 
16 operation or to prohibit customers from traveling to a 
17 business. 

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