Illinois General Assembly - Full Text of SB3993
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Full Text of SB3993  101st General Assembly




State of Illinois
2019 and 2020


Introduced 5/20/2020, by Sen. William E. Brady


20 ILCS 2310/2310-619 new
20 ILCS 3305/7  from Ch. 127, par. 1057

    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 Provides that the provisions are repealed on January 1, 2021.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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SB3993LRB101 21409 CPF 72043 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended 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
10State's response to future medical emergencies, the State
11should adopt commonsense strategies such as allowing
12physicians licensed in other states to practice in Illinois and
13creating financial incentives to accelerate the implementation
14of telemedicine.
15    (b) In this Section:
16    "Protocol" or "protocols" means safe place of business
17protocols established by the Department under this Section.
18    "Region" means an Emergency Medical Services (EMS) Region
19designated by the Department under Section 3.15 of the
20Emergency Medical Services (EMS) Systems Act.
21    (c) The Department shall establish safe place of business
22protocols on or before May 30, 2020 to regulate reopening
23businesses that closed pursuant to Executive Order 2020-32 or



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1any preceding executive order or disaster proclamation issued
2during calendar year 2020. The protocols may vary by specific
3Region. The protocols for Regions with higher instances of
4COVID-19 diagnoses may have lower density thresholds and more
5frequent cleaning requirements, and protocols for Regions with
6fewer COVID-19 diagnoses may have less stringent requirements.
7The 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
14specific customer-facing businesses as necessary.
15    (e) A business that complies with the protocols may reopen
16and rehire staff at its discretion as soon as is practical.
17    (f) A hospital or other healthcare facility that abides by
18the protocols and is located in a Region with adequate
19intensive care unit capacity may offer the full spectrum of
20inpatient and outpatient care and treatment to its patients.
21The Department shall conduct a public information campaign to
22explain hospitals' and healthcare facilities' safety protocols
23and to urge patients not to put off any necessary care.
24    (g) A day care center, as that term is defined under
25Section 2.09 of the Child Care Act of 1969, may reopen or
26expand its capacity at its discretion and as soon as is



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1practical 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
4amended 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
7disaster, as defined in Section 4, the Governor may, by
8proclamation declare that a disaster exists. Upon such
9proclamation, the Governor shall have and may exercise for a
10period not to exceed 30 days the following emergency powers;
11provided, however, that the lapse of the emergency powers shall
12not, as regards any act or acts occurring or committed within
13the 30-day period, deprive any person, firm, corporation,
14political subdivision, or body politic of any right or rights
15to compensation or reimbursement which he, she, it, or they may
16have 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.



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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.
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



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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
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



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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.
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



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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



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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



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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.



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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.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.