| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
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 Department of Public Health Powers and | |||||||||||||||||||||
5 | Duties Law of the
Civil Administrative Code of Illinois is | |||||||||||||||||||||
6 | amended 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 | |||||||||||||||||||||
10 | State's response to future medical emergencies, the State | |||||||||||||||||||||
11 | should adopt commonsense strategies such as allowing | |||||||||||||||||||||
12 | physicians licensed in other states to practice in Illinois and | |||||||||||||||||||||
13 | creating financial incentives to accelerate the implementation | |||||||||||||||||||||
14 | of telemedicine. | |||||||||||||||||||||
15 | (b) In this Section: | |||||||||||||||||||||
16 | "Protocol" or "protocols" means safe place of business | |||||||||||||||||||||
17 | protocols established by the Department under this Section. | |||||||||||||||||||||
18 | "Region" means an Emergency Medical Services (EMS) Region | |||||||||||||||||||||
19 | designated by the Department under Section 3.15 of the | |||||||||||||||||||||
20 | Emergency Medical Services (EMS) Systems Act. | |||||||||||||||||||||
21 | (c) The Department shall establish safe place of business | |||||||||||||||||||||
22 | protocols on or before May 30, 2020 to regulate reopening | |||||||||||||||||||||
23 | businesses that closed pursuant to Executive Order 2020-32 or |
| |||||||
| |||||||
1 | any preceding executive order or disaster proclamation issued | ||||||
2 | during calendar year 2020. The protocols may vary by specific | ||||||
3 | Region. The protocols for Regions with higher instances of | ||||||
4 | COVID-19 diagnoses may have lower density thresholds and more | ||||||
5 | frequent cleaning requirements, and protocols for Regions with | ||||||
6 | fewer COVID-19 diagnoses may have less stringent requirements. | ||||||
7 | The 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 | ||||||
14 | specific customer-facing businesses as necessary. | ||||||
15 | (e) A business that complies with the protocols may reopen | ||||||
16 | and rehire staff at its discretion as soon as is practical. | ||||||
17 | (f) A hospital or other healthcare facility that abides by | ||||||
18 | the protocols and is located in a Region with adequate | ||||||
19 | intensive care unit capacity may offer the full spectrum of | ||||||
20 | inpatient and outpatient care and treatment to its patients. | ||||||
21 | The Department shall conduct a public information campaign to | ||||||
22 | explain hospitals' and healthcare facilities' safety protocols | ||||||
23 | and to urge patients not to put off any necessary care. | ||||||
24 | (g) A day care center, as that term is defined under | ||||||
25 | Section 2.09 of the Child Care Act of 1969, may reopen or | ||||||
26 | expand its capacity at its discretion and as soon as is |
| |||||||
| |||||||
1 | practical 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 | ||||||
4 | amended 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 | ||||||
7 | disaster, as defined in Section 4, the Governor may, by | ||||||
8 | proclamation
declare that a disaster exists. Upon such | ||||||
9 | proclamation,
the Governor shall have and may exercise for a | ||||||
10 | period not to exceed 30
days the following emergency powers; | ||||||
11 | provided, however, that the lapse of
the emergency powers shall | ||||||
12 | not, as regards any act or acts occurring or
committed within | ||||||
13 | the 30-day period, deprive any person, firm, corporation,
| ||||||
14 | political subdivision, or body politic of any right or rights
| ||||||
15 | to compensation or reimbursement which he, she, it, or they may | ||||||
16 | have 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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 | ||||||
15 | becoming law.
|