Full Text of SB2232 100th General Assembly
SB2232eng 100TH GENERAL ASSEMBLY |
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| 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 Illinois Emergency Management Agency Act is | 5 | | amended by changing Section 7 as follows:
| 6 | | (20 ILCS 3305/7) (from Ch. 127, par. 1057)
| 7 | | Sec. 7. Emergency Powers of the Governor. (a) In the event
| 8 | | of a disaster, as defined in Section 4, the Governor may, by | 9 | | proclamation
declare that a disaster exists. Upon such | 10 | | proclamation,
the Governor shall have and may exercise for a | 11 | | period not to exceed 30
days the following emergency powers; | 12 | | provided, however, that the lapse of
the emergency powers shall | 13 | | not, as regards any act or acts occurring or
committed within | 14 | | the 30-day 30 days period, deprive any person, firm, | 15 | | corporation,
political subdivision, or body politic of any | 16 | | right or rights
to compensation or reimbursement which he, she, | 17 | | it, or they may have under the
provisions of this Act:
| 18 | | (1) To suspend the provisions of any regulatory statute | 19 | | prescribing
procedures for conduct of State business, or | 20 | | the orders, rules and regulations
of any State agency and | 21 | | managed care contracts , if strict compliance with the | 22 | | provisions of any statute,
order, rule, managed care | 23 | | contract, or regulation would in any way prevent, hinder or |
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| 1 | | delay necessary
action, including emergency purchases, by | 2 | | the Illinois Emergency Management
Agency, in coping with | 3 | | the disaster.
| 4 | | (2) To utilize all available resources of the State | 5 | | government as
reasonably necessary to cope with the | 6 | | disaster and of each political
subdivision of the State.
| 7 | | (3) To transfer the direction, personnel or functions | 8 | | of State
departments and agencies or units thereof for the | 9 | | purpose of performing or
facilitating disaster response | 10 | | and recovery programs.
| 11 | | (4) On behalf of this State to take possession of, and | 12 | | to acquire
full title or a lesser specified interest in, | 13 | | any personal property as may be
necessary to accomplish the | 14 | | objectives set forth in Section 2 of this Act,
including: | 15 | | airplanes, automobiles, trucks, trailers, buses, and other | 16 | | vehicles;
coal, oils, gasoline, and other fuels and means | 17 | | of propulsion; explosives,
materials, equipment, and | 18 | | supplies; animals and livestock; feed and seed; food and | 19 | | provisions
for humans and animals; clothing and bedding; | 20 | | and
medicines and medical and surgical
supplies; and to | 21 | | take possession of and for a limited period occupy and use | 22 | | any
real estate necessary to accomplish those objectives; | 23 | | but only upon the
undertaking by the State to pay just | 24 | | compensation therefor as in this Act
provided, and then | 25 | | only under the following provisions:
| 26 | | a. The Governor, or the person or persons as the |
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| 1 | | Governor may
authorize so to do, may forthwith take | 2 | | possession of
property for and on behalf of the State; | 3 | | provided, however,
that the Governor or persons shall | 4 | | simultaneously with
the taking, deliver to the owner or | 5 | | his or her agent, if the identity
of the owner or | 6 | | agency is known or readily ascertainable, a signed
| 7 | | statement in writing, that shall include the name
and | 8 | | address of the owner, the date and place of the taking,
| 9 | | description of the property sufficient to identify it, | 10 | | a
statement of interest in the property that is being | 11 | | so taken,
and, if possible, a statement in writing, | 12 | | signed by the
owner, setting forth the sum that he or | 13 | | she is willing to accept
as just compensation for the | 14 | | property or use. Whether or
not the owner or agent is | 15 | | known or readily ascertainable, a
true copy of the | 16 | | statement shall promptly be filed by the
Governor or | 17 | | the person with the Director, who shall keep
the docket | 18 | | of the statements. In cases where the sum that
the | 19 | | owner is willing to accept as just compensation is less
| 20 | | than $1,000, copies of the statements shall also be | 21 | | filed
by the Director with, and shall be passed upon by | 22 | | an
Emergency Management Claims Commission,
consisting | 23 | | of 3 disinterested citizens who shall be appointed
by | 24 | | the Governor, by and with the advice and consent of the
| 25 | | Senate, within 20 days after the Governor's | 26 | | declaration of a
disaster, and if the sum fixed by them |
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| 1 | | as just
compensation be less than $1,000 and is | 2 | | accepted in writing
by the owner, then the State | 3 | | Treasurer out of funds
appropriated for these | 4 | | purposes, shall, upon certification thereof
by the | 5 | | Emergency Management Claims
Commission, cause the sum | 6 | | so certified forthwith to be paid
to the owner. The | 7 | | Emergency Management
Claims Commission is hereby given | 8 | | the power to issue
appropriate subpoenas and to | 9 | | administer oaths to witnesses and shall
keep | 10 | | appropriate minutes and other records of its actions | 11 | | upon
and the disposition made of all claims.
| 12 | | b. When the compensation to be paid for the taking | 13 | | or use of property
or interest therein is not or cannot | 14 | | be determined
and paid under item a of this paragraph | 15 | | (4) (a) above , a petition in the name of The People
of | 16 | | the State of Illinois shall be promptly filed by the | 17 | | Director,
which filing may be enforced by mandamus, in | 18 | | the
circuit court of the county where the
property or | 19 | | any part thereof was located when initially taken
or | 20 | | used under the provisions of this Act praying that the | 21 | | amount
of compensation to be paid to the person or | 22 | | persons interested
therein be fixed and determined. | 23 | | The petition shall include
a description of the | 24 | | property that has been taken, shall state the
physical | 25 | | condition of the property when taken, shall name
as | 26 | | defendants all interested parties, shall set forth the
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| 1 | | sum of money estimated to be just compensation for the | 2 | | property
or interest therein taken or used, and shall | 3 | | be signed by the
Director. The litigation shall be | 4 | | handled by the Attorney
General for and on behalf of | 5 | | the State.
| 6 | | c. Just compensation for the taking or use of | 7 | | property or
interest therein shall be promptly | 8 | | ascertained in
proceedings and established by judgment | 9 | | against the State, that shall
include, as part of the | 10 | | just compensation so awarded, interest
at the rate of | 11 | | 6% per annum on the fair market value of the
property | 12 | | or interest therein from the date of the taking or
use | 13 | | to the date of the judgment; and the court may order | 14 | | the
payment of delinquent taxes and special | 15 | | assessments out of
the amount so awarded as just | 16 | | compensation and may make
any other orders with respect | 17 | | to encumbrances, rents,
insurance, and other charges, | 18 | | if any, as shall be just and equitable.
| 19 | | (5) When required by the exigencies of the disaster, to
| 20 | | sell, lend, rent, give, or distribute all or any part of | 21 | | property so or
otherwise
acquired to the inhabitants of | 22 | | this State, or to political subdivisions of this
State, or, | 23 | | under the interstate mutual aid agreements or compacts as | 24 | | are
entered into under the provisions of subparagraph (5) | 25 | | of paragraph (c) of
Section 6 to other states, and
to | 26 | | account for and transmit to the State Treasurer all funds, |
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| 1 | | if any, received
therefor.
| 2 | | (6) To recommend the evacuation of all or part of the | 3 | | population
from any stricken or threatened area within the | 4 | | State if the Governor deems this action
necessary and to | 5 | | order the mandatory emergency evacuation of a long term | 6 | | care facility and facilities selected for the supportive | 7 | | living facilities program authorized by Section 5-5.01a of | 8 | | the Illinois Public Aid Code when it is determined, in | 9 | | consultation with the Director of Public Health, that | 10 | | evacuation is the best solution to eliminating the | 11 | | potential for harm. A long term care facility notified of a | 12 | | mandatory emergency evacuation order shall provide a list | 13 | | of resources needed to the Governor or his or her designee | 14 | | to safely implement the order .
| 15 | | (7) To prescribe routes, modes of transportation, and | 16 | | destinations in
connection with evacuation.
| 17 | | (8) To control ingress and egress to and from a | 18 | | disaster area, the
movement of persons within the area, and | 19 | | the occupancy of premises therein.
| 20 | | (9) To suspend or limit the sale, dispensing, or | 21 | | transportation of
alcoholic beverages, firearms, | 22 | | explosives, and combustibles.
| 23 | | (10) To make provision for the availability and use of | 24 | | temporary
emergency housing.
| 25 | | (11) A proclamation of a disaster
shall activate the | 26 | | State Emergency Operations Plan, and political
subdivision |
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| 1 | | emergency operations plans applicable to the political
| 2 | | subdivision or area in question and be authority for the | 3 | | deployment and use of
any forces that the plan or plans | 4 | | apply and for use or
distribution of any
supplies, | 5 | | equipment, and materials and facilities assembled, | 6 | | stockpiled or
arranged to be made available under this Act | 7 | | or any other provision
of law relating to disasters.
| 8 | | (12) Control, restrict, and regulate by rationing, | 9 | | freezing, use of
quotas, prohibitions on shipments, price | 10 | | fixing, allocation or other means, the
use, sale or | 11 | | distribution of food, feed, fuel, clothing and other | 12 | | commodities,
materials, goods, or services; and perform | 13 | | and exercise any other functions,
powers, and duties as may
| 14 | | be necessary to promote and secure the safety and | 15 | | protection of the civilian population.
| 16 | | (13) During the continuance of any disaster the
| 17 | | Governor is commander-in-chief of the organized and | 18 | | unorganized militia and of
all other forces available for | 19 | | emergency duty. To the greatest extent practicable,
the | 20 | | Governor shall delegate or assign command authority to do | 21 | | so by orders
issued at the time of the disaster.
| 22 | | (14) Prohibit increases in the prices of goods and | 23 | | services during a
disaster.
| 24 | | (Source: P.A. 92-73, eff. 1-1-02; revised 9-28-17.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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