Public Act 102-0485
 
HB3523 EnrolledLRB102 09897 CPF 15215 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Illinois Emergency Management Agency Act is 
amended  by changing Sections 4 and 7 as follows:
 


    (20 ILCS 3305/4)  (from Ch. 127, par. 1054)



    Sec. 4. Definitions. As used in this Act, unless the 
context
clearly indicates otherwise, the following words and 
terms have the
meanings ascribed to them in this Section:

    "Coordinator" means the staff assistant to the principal

executive officer of a political subdivision with the duty of 
coordinating
the emergency management programs of that 
political subdivision.

    "Cyber incident" means an event occurring on or conducted 
through a computer network that actually or imminently 
jeopardizes the integrity, confidentiality, or availability of 
computers, information or communications systems or networks, 
physical or virtual infrastructure controlled by computers or 
information systems, or information resident thereon that 
affect or control infrastructure or communications networks 
utilized by the public. "Cyber incident" includes a 
vulnerability in information systems, system security 
procedures, internal controls, or implementations that could 
be exploited by a threat source that affect or control 
infrastructure or communications networks utilized by the 
public.
    "Disaster" means an occurrence or threat of widespread or 
severe
damage, injury or loss of life or property resulting 
from any natural, or
technological, or human cause, including 
but not limited to fire, flood, earthquake,
wind, storm, 
hazardous materials spill or other water contamination 
requiring
emergency
action to avert danger or damage, 
epidemic, air contamination, blight,
extended periods of 
severe and inclement weather,
drought, infestation, critical 
shortages of essential fuels and energy,
explosion, riot, 
hostile military or
paramilitary action, public health 
emergencies, cyber incidents, or acts of domestic
terrorism.

    "Emergency Management" means the efforts of the State and 
the
political subdivisions to develop, plan, analyze, conduct, 
provide,
implement and
maintain programs for disaster 
mitigation, preparedness, response and recovery.

    "Emergency Services and Disaster Agency" means the
agency 
by this name, by the name Emergency Management Agency, or by 
any other
name that is established
by ordinance within a 
political subdivision to coordinate the emergency
management 
program within that political subdivision and with private

organizations, other political subdivisions, the State and 
federal governments.

    "Emergency Operations Plan" means the written plan of the 
State and
political subdivisions describing the organization, 
mission, and functions
of the government and supporting 
services for responding to and recovering
from disasters and 
shall include plans that take into account the needs of those 
individuals with household pets and service animals following 
a major disaster or emergency.

    "Emergency Services" means the coordination of functions 
by the
State and its political subdivision, other than 
functions for which military
forces
are primarily responsible, 
as may be necessary or proper to prevent,
minimize, repair, 
and alleviate injury and damage resulting from
any natural or 
technological causes.  These functions include, without

limitation, fire fighting
services, police services, emergency 
aviation services, medical and
health services, HazMat  and 
technical rescue  teams, rescue,
engineering, warning services, 
communications, radiological,
chemical and other special 
weapons defense, evacuation of persons from
stricken or 
threatened areas, emergency assigned functions of plant 
protection,
temporary restoration of public utility services 
and other functions
related to civilian protection, together 
with all other activities
necessary or incidental to 
protecting life or property.

    "Exercise" means a planned event realistically simulating 
a disaster,
conducted for the purpose of
evaluating the 
political subdivision's coordinated emergency management

capabilities, including,
but not limited to, testing the 
emergency operations plan.

    "HazMat team" means a career or volunteer mobile support 
team  that has been authorized by a unit of local government to 
respond to hazardous materials emergencies  and that is 
primarily designed for emergency response to chemical or 
biological terrorism, radiological emergencies,  hazardous 
material spills, releases, or fires, or other contamination 
events.

    "Illinois Emergency Management Agency"
means the agency

established by this Act within the executive branch of State 
Government
responsible for coordination of the overall 
emergency management program of
the State and with private 
organizations, political subdivisions, and the
federal 
government.
Illinois Emergency Management Agency also means 
the State
Emergency Response Commission responsible for the 
implementation of Title
III of the Superfund Amendments and 
Reauthorization Act of 1986.

    "Mobile Support Team" means
a group of individuals 
designated as a team by the Governor or Director to
train prior 
to and to be
dispatched, if the Governor or the Director so 
determines, to aid and reinforce
the State and political

subdivision emergency management efforts in response to a 
disaster.

    "Municipality" means any city, village, and incorporated 
town.

    "Political Subdivision" means any county, city, village, 
or
incorporated town or township if the township is in a county 
having a
population of more than 2,000,000.

    "Principal Executive Officer"  means chair
of the county 
board, supervisor of a township if the township
is in a county 
having a population of more than 2,000,000, mayor
of a city or 
incorporated town,
president of a village,
or in their absence 
or disability, the interim successor as
established under 
Section 7 of the Emergency Interim
Executive Succession Act.

    "Public health emergency"  means an occurrence or imminent 
threat of an
illness or health condition that:

        (a) is believed to be caused by any of the following:

            (i) bioterrorism;

            (ii) the appearance of a novel or previously 
        controlled or eradicated
infectious agent or

        biological toxin;

            (iii) a natural disaster;

            (iv) a chemical attack or accidental release; or

            (v) a nuclear attack or accident; and

        (b) poses a high probability of any of the following 
    harms:

            (i) a large number of deaths in the affected 
        population;

            (ii) a large number of serious or long-term 
        disabilities in the affected
population; or

            (iii) widespread exposure to an infectious or 
        toxic agent that poses a
significant risk of 
        substantial future harm to a large number of people in 
        the
affected population.

    "Statewide mutual aid organization" means an entity with 
local government members throughout the State that facilitates 
temporary assistance through its members in a particular 
public safety discipline, such as police, fire or emergency 
management, when an occurrence exceeds a member jurisdiction's 
capabilities. 
    "Technical rescue  team" means a career or volunteer mobile 
support team that has been authorized by a unit of local 
government to respond to building collapse, high angle rescue, 
and other specialized rescue emergencies  and that is primarily 
designated for emergency response to technical rescue events.

(Source: P.A. 100-587, eff. 6-4-18.)

 



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



    Sec. 7. Emergency Powers of the Governor. In the event
of a 
disaster, as defined in Section 4, the Governor may, by 
proclamation
declare that a disaster exists.  Upon such 
proclamation,
the Governor shall have and may exercise for a 
period not to exceed 30
days the following emergency powers; 
provided, however, that the lapse of
the emergency powers 
shall not, as regards any act or acts occurring or
committed 
within the 30-day period, deprive any person, firm, 
corporation,
political subdivision, or body politic of any 
right or rights
to compensation or reimbursement which he, 
she, it, or they may have under the
provisions of this Act:


        (1) To suspend the provisions of any regulatory 
    statute prescribing
procedures for conduct of State 
    business, or the orders, rules and regulations
of any 
    State agency, if strict compliance with the provisions of 
    any statute,
order, rule, or regulation would in any way 
    prevent, hinder or delay necessary
action, including 
    emergency purchases, by the Illinois Emergency Management

    Agency, in coping with the disaster.


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


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


        (4) On behalf of this State to take possession of, and 
    to acquire
full title or a lesser specified interest in, 
    any personal property as may be
necessary to accomplish 
    the objectives set forth in Section 2 of this Act,

    including: airplanes, automobiles, trucks, trailers, 
    buses, and other vehicles;
coal, oils, gasoline, and other 
    fuels and means of propulsion; explosives,
materials, 
    equipment, and supplies; animals and livestock; feed and 
    seed; food and provisions
for humans and animals; clothing 
    and bedding; and
medicines and medical and surgical

    supplies; and to take possession of and for a limited 
    period occupy and use any
real estate necessary to 
    accomplish those objectives; but only upon the
undertaking 
    by the State to pay just compensation therefor as in this 
    Act
provided, and then only under the following 
    provisions:


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

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

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

        the owner is willing to accept as just compensation is 
        less
than $1,000, copies of the statements shall also 
        be filed
by the Director with, and shall be passed upon 
        by an
Emergency Management Claims Commission,

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


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

        which filing may be enforced by mandamus, in the

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

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


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


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


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


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


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


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


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


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

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


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


        (13) During the continuance of any disaster the

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


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

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

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

Effective Date:  8/20/2021