Illinois General Assembly - Full Text of HB5780
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Full Text of HB5780  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Tim Butler


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

    Amends the Illinois Emergency Management Agency Act. Provides that in any 12-month period the Governor shall have the authority to issue only one proclamation per disaster and that any further proclamation for the disaster that triggered the original proclamation shall be in force only after a two-thirds vote of each chamber of the General Assembly approves a joint resolution containing the exact language of the proclamation and which the Governor must follow. Provides that the Governor shall have no authority to amend or change the language of the proclamation as approved by joint resolution.

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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 Illinois Emergency Management Agency Act is
5amended by changing Section 7 as follows:
6    (20 ILCS 3305/7)  (from Ch. 127, par. 1057)
7    Sec. 7. Emergency Powers of the Governor. In the event of a
8disaster, as defined in Section 4, the Governor may, by
9proclamation declare that a disaster exists. In any 12-month
10period the Governor shall have the authority to issue only one
11proclamation per disaster. Any further proclamation for the
12disaster that triggered the original proclamation shall be in
13force only after a two-thirds vote of each chamber of the
14General Assembly approves a joint resolution containing the
15exact language of the proclamation and which the Governor must
16follow. The Governor shall have no authority to amend or change
17the language of the proclamation as approved by joint
18resolution. Upon a valid such proclamation, the Governor shall
19have and may exercise for a period not to exceed 30 days the
20following emergency powers; provided, however, that the lapse
21of the emergency powers shall not, as regards any act or acts
22occurring or committed within the 30-day period, deprive any
23person, firm, corporation, political subdivision, or body



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1politic of any right or rights to compensation or reimbursement
2which he, she, it, or they may have under the provisions of
3this Act:
4        (1) To suspend the provisions of any regulatory statute
5    prescribing procedures for conduct of State business, or
6    the orders, rules and regulations of any State agency, if
7    strict compliance with the provisions of any statute,
8    order, rule, or regulation would in any way prevent, hinder
9    or delay necessary action, including emergency purchases,
10    by the Illinois Emergency Management Agency, in coping with
11    the disaster.
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.
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.
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 the
22    objectives set forth in Section 2 of this Act, including:
23    airplanes, automobiles, trucks, trailers, buses, and other
24    vehicles; coal, oils, gasoline, and other fuels and means
25    of propulsion; explosives, materials, equipment, and
26    supplies; animals and livestock; feed and seed; food and



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1    provisions for humans and animals; clothing and bedding;
2    and medicines and medical and surgical supplies; and to
3    take possession of and for a limited period occupy and use
4    any real estate necessary to accomplish those objectives;
5    but only upon the undertaking by the State to pay just
6    compensation therefor as in this Act provided, and then
7    only under the following provisions:
8            a. The Governor, or the person or persons as the
9        Governor may authorize so to do, may forthwith take
10        possession of property for and on behalf of the State;
11        provided, however, that the Governor or persons shall
12        simultaneously with the taking, deliver to the owner or
13        his or her agent, if the identity of the owner or
14        agency is known or readily ascertainable, a signed
15        statement in writing, that shall include the name and
16        address of the owner, the date and place of the taking,
17        description of the property sufficient to identify it,
18        a statement of interest in the property that is being
19        so taken, and, if possible, a statement in writing,
20        signed by the owner, setting forth the sum that he or
21        she is willing to accept as just compensation for the
22        property or use. Whether or not the owner or agent is
23        known or readily ascertainable, a true copy of the
24        statement shall promptly be filed by the Governor or
25        the person with the Director, who shall keep the docket
26        of the statements. In cases where the sum that the



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1        owner is willing to accept as just compensation is less
2        than $1,000, copies of the statements shall also be
3        filed by the Director with, and shall be passed upon by
4        an Emergency Management Claims Commission, consisting
5        of 3 disinterested citizens who shall be appointed by
6        the Governor, by and with the advice and consent of the
7        Senate, within 20 days after the Governor's
8        declaration of a disaster, and if the sum fixed by them
9        as just compensation be less than $1,000 and is
10        accepted in writing by the owner, then the State
11        Treasurer out of funds appropriated for these
12        purposes, shall, upon certification thereof by the
13        Emergency Management Claims Commission, cause the sum
14        so certified forthwith to be paid to the owner. The
15        Emergency Management Claims Commission is hereby given
16        the power to issue appropriate subpoenas and to
17        administer oaths to witnesses and shall keep
18        appropriate minutes and other records of its actions
19        upon and the disposition made of all claims.
20            b. When the compensation to be paid for the taking
21        or use of property or interest therein is not or cannot
22        be determined and paid under item a of this paragraph
23        (4), a petition in the name of The People of the State
24        of Illinois shall be promptly filed by the Director,
25        which filing may be enforced by mandamus, in the
26        circuit court of the county where the property or any



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1        part thereof was located when initially taken or used
2        under the provisions of this Act praying that the
3        amount of compensation to be paid to the person or
4        persons interested therein be fixed and determined.
5        The petition shall include a description of the
6        property that has been taken, shall state the physical
7        condition of the property when taken, shall name as
8        defendants all interested parties, shall set forth the
9        sum of money estimated to be just compensation for the
10        property or interest therein taken or used, and shall
11        be signed by the Director. The litigation shall be
12        handled by the Attorney General for and on behalf of
13        the State.
14            c. Just compensation for the taking or use of
15        property or interest therein shall be promptly
16        ascertained in proceedings and established by judgment
17        against the State, that shall include, as part of the
18        just compensation so awarded, interest at the rate of
19        6% per annum on the fair market value of the property
20        or interest therein from the date of the taking or use
21        to the date of the judgment; and the court may order
22        the payment of delinquent taxes and special
23        assessments out of the amount so awarded as just
24        compensation and may make any other orders with respect
25        to encumbrances, rents, insurance, and other charges,
26        if any, as shall be just and equitable.



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1        (5) When required by the exigencies of the disaster, to
2    sell, lend, rent, give, or distribute all or any part of
3    property so or otherwise acquired to the inhabitants of
4    this State, or to political subdivisions of this State, or,
5    under the interstate mutual aid agreements or compacts as
6    are entered into under the provisions of subparagraph (5)
7    of paragraph (c) of Section 6 to other states, and to
8    account for and transmit to the State Treasurer all funds,
9    if any, received therefor.
10        (6) To recommend the evacuation of all or part of the
11    population from any stricken or threatened area within the
12    State if the Governor deems this action necessary.
13        (7) To prescribe routes, modes of transportation, and
14    destinations in connection with evacuation.
15        (8) To control ingress and egress to and from a
16    disaster area, the movement of persons within the area, and
17    the occupancy of premises therein.
18        (9) To suspend or limit the sale, dispensing, or
19    transportation of alcoholic beverages, firearms,
20    explosives, and combustibles.
21        (10) To make provision for the availability and use of
22    temporary emergency housing.
23        (11) A proclamation of a disaster shall activate the
24    State Emergency Operations Plan, and political subdivision
25    emergency operations plans applicable to the political
26    subdivision or area in question and be authority for the



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1    deployment and use of any forces that the plan or plans
2    apply and for use or distribution of any supplies,
3    equipment, and materials and facilities assembled,
4    stockpiled or arranged to be made available under this Act
5    or any other provision of law relating to disasters.
6        (12) Control, restrict, and regulate by rationing,
7    freezing, use of quotas, prohibitions on shipments, price
8    fixing, allocation or other means, the use, sale or
9    distribution of food, feed, fuel, clothing and other
10    commodities, materials, goods, or services; and perform
11    and exercise any other functions, powers, and duties as may
12    be necessary to promote and secure the safety and
13    protection of the civilian population.
14        (13) During the continuance of any disaster the
15    Governor is commander-in-chief of the organized and
16    unorganized militia and of all other forces available for
17    emergency duty. To the greatest extent practicable, the
18    Governor shall delegate or assign command authority to do
19    so by orders issued at the time of the disaster.
20        (14) Prohibit increases in the prices of goods and
21    services during a disaster.
22(Source: P.A. 100-863, eff. 8-14-18.)