| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning State government.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Illinois Emergency Management Agency Act is | |||||||||||||||||||
5 | amended 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 | |||||||||||||||||||
8 | disaster, as defined in Section 4, the Governor may, by | |||||||||||||||||||
9 | proclamation
declare that a disaster exists. In any 12-month | |||||||||||||||||||
10 | period the Governor shall have the authority to issue only one | |||||||||||||||||||
11 | proclamation per disaster. Any further proclamation for the | |||||||||||||||||||
12 | disaster that triggered the original proclamation shall be in | |||||||||||||||||||
13 | force only after a two-thirds vote of each chamber of the | |||||||||||||||||||
14 | General Assembly approves a joint resolution containing the | |||||||||||||||||||
15 | exact language of the proclamation and which the Governor must | |||||||||||||||||||
16 | follow. The Governor shall have no authority to amend or change | |||||||||||||||||||
17 | the language of the proclamation as approved by joint | |||||||||||||||||||
18 | resolution. Upon a valid such proclamation,
the Governor shall | |||||||||||||||||||
19 | have and may exercise for a period not to exceed 30
days the | |||||||||||||||||||
20 | following emergency powers; provided, however, that the lapse | |||||||||||||||||||
21 | of
the emergency powers shall not, as regards any act or acts | |||||||||||||||||||
22 | occurring or
committed within the 30-day period, deprive any | |||||||||||||||||||
23 | person, firm, corporation,
political subdivision, or body |
| |||||||
| |||||||
1 | politic of any right or rights
to compensation or reimbursement | ||||||
2 | which he, she, it, or they may have under the
provisions of | ||||||
3 | this Act:
| ||||||
4 | (1) To suspend the provisions of any regulatory statute | ||||||
5 | prescribing
procedures for conduct of State business, or | ||||||
6 | the orders, rules and regulations
of any State agency, if | ||||||
7 | strict compliance with the provisions of any statute,
| ||||||
8 | order, rule, or regulation would in any way prevent, hinder | ||||||
9 | or delay necessary
action, including emergency purchases, | ||||||
10 | by the Illinois Emergency Management
Agency, in coping with | ||||||
11 | the disaster.
| ||||||
12 | (2) To utilize all available resources of the State | ||||||
13 | government as
reasonably necessary to cope with the | ||||||
14 | disaster and of each political
subdivision of the State.
| ||||||
15 | (3) To transfer the direction, personnel or functions | ||||||
16 | of State
departments and agencies or units thereof for the | ||||||
17 | purpose of performing or
facilitating disaster response | ||||||
18 | and recovery programs.
| ||||||
19 | (4) On behalf of this State to take possession of, and | ||||||
20 | to acquire
full title or a lesser specified interest in, | ||||||
21 | any personal property as may be
necessary to accomplish the | ||||||
22 | objectives set forth in Section 2 of this Act,
including: | ||||||
23 | airplanes, automobiles, trucks, trailers, buses, and other | ||||||
24 | vehicles;
coal, oils, gasoline, and other fuels and means | ||||||
25 | of propulsion; explosives,
materials, equipment, and | ||||||
26 | supplies; animals and livestock; feed and seed; food and |
| |||||||
| |||||||
1 | provisions
for humans and animals; clothing and bedding; | ||||||
2 | and
medicines and medical and surgical
supplies; and to | ||||||
3 | take possession of and for a limited period occupy and use | ||||||
4 | any
real estate necessary to accomplish those objectives; | ||||||
5 | but only upon the
undertaking by the State to pay just | ||||||
6 | compensation therefor as in this Act
provided, and then | ||||||
7 | only under the following provisions:
| ||||||
8 | a. The Governor, or the person or persons as the | ||||||
9 | Governor may
authorize so to do, may forthwith take | ||||||
10 | possession of
property for and on behalf of the State; | ||||||
11 | provided, however,
that the Governor or persons shall | ||||||
12 | simultaneously with
the taking, deliver to the owner or | ||||||
13 | his or her agent, if the identity
of the owner or | ||||||
14 | agency is known or readily ascertainable, a signed
| ||||||
15 | statement in writing, that shall include the name
and | ||||||
16 | address of the owner, the date and place of the taking,
| ||||||
17 | description of the property sufficient to identify it, | ||||||
18 | a
statement of interest in the property that is being | ||||||
19 | so taken,
and, if possible, a statement in writing, | ||||||
20 | signed by the
owner, setting forth the sum that he or | ||||||
21 | she is willing to accept
as just compensation for the | ||||||
22 | property or use. Whether or
not the owner or agent is | ||||||
23 | known or readily ascertainable, a
true copy of the | ||||||
24 | statement shall promptly be filed by the
Governor or | ||||||
25 | the person with the Director, who shall keep
the docket | ||||||
26 | of the statements. In cases where the sum that
the |
| |||||||
| |||||||
1 | owner is willing to accept as just compensation is less
| ||||||
2 | than $1,000, copies of the statements shall also be | ||||||
3 | filed
by the Director with, and shall be passed upon by | ||||||
4 | an
Emergency Management Claims Commission,
consisting | ||||||
5 | of 3 disinterested citizens who shall be appointed
by | ||||||
6 | the Governor, by and with the advice and consent of the
| ||||||
7 | Senate, within 20 days after the Governor's | ||||||
8 | declaration of a
disaster, and if the sum fixed by them | ||||||
9 | as just
compensation be less than $1,000 and is | ||||||
10 | accepted in writing
by the owner, then the State | ||||||
11 | Treasurer out of funds
appropriated for these | ||||||
12 | purposes, shall, upon certification thereof
by the | ||||||
13 | Emergency Management Claims
Commission, cause the sum | ||||||
14 | so certified forthwith to be paid
to the owner. The | ||||||
15 | Emergency Management
Claims Commission is hereby given | ||||||
16 | the power to issue
appropriate subpoenas and to | ||||||
17 | administer oaths to witnesses and shall
keep | ||||||
18 | appropriate minutes and other records of its actions | ||||||
19 | upon
and the disposition made of all claims.
| ||||||
20 | b. When the compensation to be paid for the taking | ||||||
21 | or use of property
or interest therein is not or cannot | ||||||
22 | be determined
and paid under item a of this paragraph | ||||||
23 | (4), a petition in the name of The People
of the State | ||||||
24 | of Illinois shall be promptly filed by the Director,
| ||||||
25 | which filing may be enforced by mandamus, in the
| ||||||
26 | circuit court of the county where the
property or any |
| |||||||
| |||||||
1 | part thereof was located when initially taken
or used | ||||||
2 | under the provisions of this Act praying that the | ||||||
3 | amount
of compensation to be paid to the person or | ||||||
4 | persons interested
therein be fixed and determined. | ||||||
5 | The petition shall include
a description of the | ||||||
6 | property that has been taken, shall state the
physical | ||||||
7 | condition of the property when taken, shall name
as | ||||||
8 | defendants all interested parties, shall set forth the
| ||||||
9 | sum of money estimated to be just compensation for the | ||||||
10 | property
or interest therein taken or used, and shall | ||||||
11 | be signed by the
Director. The litigation shall be | ||||||
12 | handled by the Attorney
General for and on behalf of | ||||||
13 | the State.
| ||||||
14 | c. Just compensation for the taking or use of | ||||||
15 | property or
interest therein shall be promptly | ||||||
16 | ascertained in
proceedings and established by judgment | ||||||
17 | against the State, that shall
include, as part of the | ||||||
18 | just compensation so awarded, interest
at the rate of | ||||||
19 | 6% per annum on the fair market value of the
property | ||||||
20 | or interest therein from the date of the taking or
use | ||||||
21 | to the date of the judgment; and the court may order | ||||||
22 | the
payment of delinquent taxes and special | ||||||
23 | assessments out of
the amount so awarded as just | ||||||
24 | compensation and may make
any other orders with respect | ||||||
25 | to encumbrances, rents,
insurance, and other charges, | ||||||
26 | if any, as shall be just and equitable.
|
| |||||||
| |||||||
1 | (5) When required by the exigencies of the disaster, to
| ||||||
2 | sell, lend, rent, give, or distribute all or any part of | ||||||
3 | property so or
otherwise
acquired to the inhabitants of | ||||||
4 | this State, or to political subdivisions of this
State, or, | ||||||
5 | under the interstate mutual aid agreements or compacts as | ||||||
6 | are
entered into under the provisions of subparagraph (5) | ||||||
7 | of paragraph (c) of
Section 6 to other states, and
to | ||||||
8 | account for and transmit to the State Treasurer all funds, | ||||||
9 | if any, received
therefor.
| ||||||
10 | (6) To recommend the evacuation of all or part of the | ||||||
11 | population
from any stricken or threatened area within the | ||||||
12 | State if the Governor deems this action
necessary.
| ||||||
13 | (7) To prescribe routes, modes of transportation, and | ||||||
14 | destinations in
connection with evacuation.
| ||||||
15 | (8) To control ingress and egress to and from a | ||||||
16 | disaster area, the
movement of persons within the area, and | ||||||
17 | the occupancy of premises therein.
| ||||||
18 | (9) To suspend or limit the sale, dispensing, or | ||||||
19 | transportation of
alcoholic beverages, firearms, | ||||||
20 | explosives, and combustibles.
| ||||||
21 | (10) To make provision for the availability and use of | ||||||
22 | temporary
emergency housing.
| ||||||
23 | (11) A proclamation of a disaster
shall activate the | ||||||
24 | State Emergency Operations Plan, and political
subdivision | ||||||
25 | emergency operations plans applicable to the political
| ||||||
26 | subdivision or area in question and be authority for the |
| |||||||
| |||||||
1 | deployment and use of
any forces that the plan or plans | ||||||
2 | apply and for use or
distribution of any
supplies, | ||||||
3 | equipment, and materials and facilities assembled, | ||||||
4 | stockpiled or
arranged to be made available under this Act | ||||||
5 | or any other provision
of law relating to disasters.
| ||||||
6 | (12) Control, restrict, and regulate by rationing, | ||||||
7 | freezing, use of
quotas, prohibitions on shipments, price | ||||||
8 | fixing, allocation or other means, the
use, sale or | ||||||
9 | distribution of food, feed, fuel, clothing and other | ||||||
10 | commodities,
materials, goods, or services; and perform | ||||||
11 | and exercise any other functions,
powers, and duties as may
| ||||||
12 | be necessary to promote and secure the safety and | ||||||
13 | protection of the civilian population.
| ||||||
14 | (13) During the continuance of any disaster the
| ||||||
15 | Governor is commander-in-chief of the organized and | ||||||
16 | unorganized militia and of
all other forces available for | ||||||
17 | emergency duty. To the greatest extent practicable,
the | ||||||
18 | Governor shall delegate or assign command authority to do | ||||||
19 | so by orders
issued at the time of the disaster.
| ||||||
20 | (14) Prohibit increases in the prices of goods and | ||||||
21 | services during a
disaster.
| ||||||
22 | (Source: P.A. 100-863, eff. 8-14-18.)
|