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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 Illinois Emergency Management Agency Act is | |||||||||||||||||||
5 | amended by changing Section 7 as follows:
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6 | (20 ILCS 3305/7) (from Ch. 127, par. 1057)
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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 | |||||||||||||||||||
17 | change 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 |
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1 | politic of any right or rights
to compensation or | ||||||
2 | reimbursement which he, she, it, or they may have under the
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3 | provisions of this Act:
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4 | (1) To suspend the provisions of any regulatory | ||||||
5 | statute prescribing
procedures for conduct of State | ||||||
6 | business, or the orders, rules and regulations
of any | ||||||
7 | State agency, if strict compliance with the provisions of | ||||||
8 | any statute,
order, rule, or regulation would in any way | ||||||
9 | prevent, hinder or delay necessary
action, including | ||||||
10 | emergency purchases, by the Illinois Emergency Management
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11 | Agency, in coping with the disaster.
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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.
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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.
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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 | ||||||
22 | the objectives set forth in Section 2 of this Act,
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23 | including: airplanes, automobiles, trucks, trailers, | ||||||
24 | buses, and other vehicles;
coal, oils, gasoline, and other | ||||||
25 | fuels and means of propulsion; explosives,
materials, | ||||||
26 | equipment, and supplies; animals and livestock; feed and |
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1 | seed; food and provisions
for humans and animals; clothing | ||||||
2 | and bedding; and
medicines and medical and surgical
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3 | supplies; and to take possession of and for a limited | ||||||
4 | period occupy and use any
real estate necessary to | ||||||
5 | accomplish those objectives; but only upon the
undertaking | ||||||
6 | by the State to pay just compensation therefor as in this | ||||||
7 | Act
provided, and then only under the following | ||||||
8 | provisions:
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9 | a. The Governor, or the person or persons as the | ||||||
10 | Governor may
authorize so to do, may forthwith take | ||||||
11 | possession of
property for and on behalf of the State; | ||||||
12 | provided, however,
that the Governor or persons shall | ||||||
13 | simultaneously with
the taking, deliver to the owner | ||||||
14 | or his or her agent, if the identity
of the owner or | ||||||
15 | agency is known or readily ascertainable, a signed
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16 | statement in writing, that shall include the name
and | ||||||
17 | address of the owner, the date and place of the taking,
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18 | description of the property sufficient to identify it, | ||||||
19 | a
statement of interest in the property that is being | ||||||
20 | so taken,
and, if possible, a statement in writing, | ||||||
21 | signed by the
owner, setting forth the sum that he or | ||||||
22 | she is willing to accept
as just compensation for the | ||||||
23 | property or use. Whether or
not the owner or agent is | ||||||
24 | known or readily ascertainable, a
true copy of the | ||||||
25 | statement shall promptly be filed by the
Governor or | ||||||
26 | the person with the Director, who shall keep
the |
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1 | docket of the statements. In cases where the sum that
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2 | the owner is willing to accept as just compensation is | ||||||
3 | less
than $1,000, copies of the statements shall also | ||||||
4 | be filed
by the Director with, and shall be passed upon | ||||||
5 | by an
Emergency Management Claims Commission,
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6 | consisting of 3 disinterested citizens who shall be | ||||||
7 | appointed
by the Governor, by and with the advice and | ||||||
8 | consent of the
Senate, within 20 days after the | ||||||
9 | Governor's declaration of a
disaster, and if the sum | ||||||
10 | fixed by them as just
compensation be less than $1,000 | ||||||
11 | and is accepted in writing
by the owner, then the State | ||||||
12 | Treasurer out of funds
appropriated for these | ||||||
13 | purposes, shall, upon certification thereof
by the | ||||||
14 | Emergency Management Claims
Commission, cause the sum | ||||||
15 | so certified forthwith to be paid
to the owner. The | ||||||
16 | Emergency Management
Claims Commission is hereby given | ||||||
17 | the power to issue
appropriate subpoenas and to | ||||||
18 | administer oaths to witnesses and shall
keep | ||||||
19 | appropriate minutes and other records of its actions | ||||||
20 | upon
and the disposition made of all claims.
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21 | b. When the compensation to be paid for the taking | ||||||
22 | or use of property
or interest therein is not or cannot | ||||||
23 | be determined
and paid under item a of this paragraph | ||||||
24 | (4), a petition in the name of The People
of the State | ||||||
25 | of Illinois shall be promptly filed by the Director,
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26 | which filing may be enforced by mandamus, in the
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1 | circuit court of the county where the
property or any | ||||||
2 | part thereof was located when initially taken
or used | ||||||
3 | under the provisions of this Act praying that the | ||||||
4 | amount
of compensation to be paid to the person or | ||||||
5 | persons interested
therein be fixed and determined. | ||||||
6 | The petition shall include
a description of the | ||||||
7 | property that has been taken, shall state the
physical | ||||||
8 | condition of the property when taken, shall name
as | ||||||
9 | defendants all interested parties, shall set forth the
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10 | sum of money estimated to be just compensation for the | ||||||
11 | property
or interest therein taken or used, and shall | ||||||
12 | be signed by the
Director. The litigation shall be | ||||||
13 | handled by the Attorney
General for and on behalf of | ||||||
14 | the State.
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15 | c. Just compensation for the taking or use of | ||||||
16 | property or
interest therein shall be promptly | ||||||
17 | ascertained in
proceedings and established by judgment | ||||||
18 | against the State, that shall
include, as part of the | ||||||
19 | just compensation so awarded, interest
at the rate of | ||||||
20 | 6% per annum on the fair market value of the
property | ||||||
21 | or interest therein from the date of the taking or
use | ||||||
22 | to the date of the judgment; and the court may order | ||||||
23 | the
payment of delinquent taxes and special | ||||||
24 | assessments out of
the amount so awarded as just | ||||||
25 | compensation and may make
any other orders with | ||||||
26 | respect to encumbrances, rents,
insurance, and other |
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1 | charges, if any, as shall be just and equitable.
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2 | (5) When required by the exigencies of the disaster, | ||||||
3 | to
sell, lend, rent, give, or distribute all or any part of | ||||||
4 | property so or
otherwise
acquired to the inhabitants of | ||||||
5 | this State, or to political subdivisions of this
State, | ||||||
6 | or, under the interstate mutual aid agreements or compacts | ||||||
7 | as are
entered into under the provisions of subparagraph | ||||||
8 | (5) of paragraph (c) of
Section 6 to other states, and
to | ||||||
9 | account for and transmit to the State Treasurer all funds, | ||||||
10 | if any, received
therefor.
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11 | (6) To recommend the evacuation of all or part of the | ||||||
12 | population
from any stricken or threatened area within the | ||||||
13 | State if the Governor deems this action
necessary.
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14 | (7) To prescribe routes, modes of transportation, and | ||||||
15 | destinations in
connection with evacuation.
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16 | (8) To control ingress and egress to and from a | ||||||
17 | disaster area, the
movement of persons within the area, | ||||||
18 | and the occupancy of premises therein.
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19 | (9) To suspend or limit the sale, dispensing, or | ||||||
20 | transportation of
alcoholic beverages, firearms, | ||||||
21 | explosives, and combustibles.
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22 | (10) To make provision for the availability and use of | ||||||
23 | temporary
emergency housing.
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24 | (11) A proclamation of a disaster
shall activate the | ||||||
25 | State Emergency Operations Plan, and political
subdivision | ||||||
26 | emergency operations plans applicable to the political
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1 | subdivision or area in question and be authority for the | ||||||
2 | deployment and use of
any forces that the plan or plans | ||||||
3 | apply and for use or
distribution of any
supplies, | ||||||
4 | equipment, and materials and facilities assembled, | ||||||
5 | stockpiled or
arranged to be made available under this Act | ||||||
6 | or any other provision
of law relating to disasters.
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7 | (12) Control, restrict, and regulate by rationing, | ||||||
8 | freezing, use of
quotas, prohibitions on shipments, price | ||||||
9 | fixing, allocation or other means, the
use, sale or | ||||||
10 | distribution of food, feed, fuel, clothing and other | ||||||
11 | commodities,
materials, goods, or services; and perform | ||||||
12 | and exercise any other functions,
powers, and duties as | ||||||
13 | may
be necessary to promote and secure the safety and | ||||||
14 | protection of the civilian population.
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15 | (13) During the continuance of any disaster the
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16 | Governor is commander-in-chief of the organized and | ||||||
17 | unorganized militia and of
all other forces available for | ||||||
18 | emergency duty. To the greatest extent practicable,
the | ||||||
19 | Governor shall delegate or assign command authority to do | ||||||
20 | so by orders
issued at the time of the disaster.
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21 | (14) Prohibit increases in the prices of goods and | ||||||
22 | services during a
disaster.
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23 | (Source: P.A. 100-863, eff. 8-14-18.)
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