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| | 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 |
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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 Provides that the provisions are repealed on January 1, 2021.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.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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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 |
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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 |
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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:
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5 | | (20 ILCS 3305/7) (from Ch. 127, par. 1057)
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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,
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14 | | political subdivision, or body politic of any right or rights
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15 | | to compensation or reimbursement which he, she, it, or they may |
16 | | have under the
provisions of this Act:
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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,
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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.
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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.
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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:
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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
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4 | | statement in writing, that shall include the name
and |
5 | | address of the owner, the date and place of the taking,
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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
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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
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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.
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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,
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14 | | which filing may be enforced by mandamus, in the
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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
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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.
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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.
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16 | | (5) When required by the exigencies of the disaster, to
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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.
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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.
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2 | | (7) To prescribe routes, modes of transportation, and |
3 | | destinations in
connection with evacuation.
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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.
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7 | | (9) To suspend or limit the sale, dispensing, or |
8 | | transportation of
alcoholic beverages, firearms, |
9 | | explosives, and combustibles.
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10 | | (10) To make provision for the availability and use of |
11 | | temporary
emergency housing.
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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
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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.
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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.
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3 | | (13) During the continuance of any disaster the
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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.
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9 | | (14) Prohibit increases in the prices of goods and |
10 | | services during a
disaster.
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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.)
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14 | | Section 99. Effective date. This Act takes effect upon |
15 | | becoming law.
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