101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3934

 

Introduced 10/28/2019, by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3305/4  from Ch. 127, par. 1054
20 ILCS 3305/7  from Ch. 127, par. 1057

    Amends the Illinois Emergency Management Agency Act. Provides that a "disaster" includes a cyber attack. Directs the Governor, to the greatest extent practicable, to delegate or assign command authority to the Director of the Illinois Emergency Management Agency (currently, no person designated) by orders issued at the time of a disaster. Effective immediately.


LRB101 14600 CPF 63511 b

 

 

A BILL FOR

 

HB3934LRB101 14600 CPF 63511 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 Illinois Emergency Management Agency Act is
5amended by changing Sections 4 and 7 as follows:
 
6    (20 ILCS 3305/4)  (from Ch. 127, par. 1054)
7    Sec. 4. Definitions. As used in this Act, unless the
8context clearly indicates otherwise, the following words and
9terms have the meanings ascribed to them in this Section:
10    "Coordinator" means the staff assistant to the principal
11executive officer of a political subdivision with the duty of
12coordinating the emergency management programs of that
13political subdivision.
14    "Disaster" means an occurrence or threat of widespread or
15severe damage, injury or loss of life or property resulting
16from any natural or technological cause, including but not
17limited to fire, flood, earthquake, wind, storm, hazardous
18materials spill or other water contamination requiring
19emergency action to avert danger or damage, epidemic, air
20contamination, blight, extended periods of severe and
21inclement weather, drought, infestation, critical shortages of
22essential fuels and energy, explosion, riot, hostile military
23or paramilitary action, public health emergencies, cyber

 

 

HB3934- 2 -LRB101 14600 CPF 63511 b

1attack, or acts of domestic terrorism.
2    "Emergency Management" means the efforts of the State and
3the political subdivisions to develop, plan, analyze, conduct,
4provide, implement and maintain programs for disaster
5mitigation, preparedness, response and recovery.
6    "Emergency Services and Disaster Agency" means the agency
7by this name, by the name Emergency Management Agency, or by
8any other name that is established by ordinance within a
9political subdivision to coordinate the emergency management
10program within that political subdivision and with private
11organizations, other political subdivisions, the State and
12federal governments.
13    "Emergency Operations Plan" means the written plan of the
14State and political subdivisions describing the organization,
15mission, and functions of the government and supporting
16services for responding to and recovering from disasters and
17shall include plans that take into account the needs of those
18individuals with household pets and service animals following a
19major disaster or emergency.
20    "Emergency Services" means the coordination of functions
21by the State and its political subdivision, other than
22functions for which military forces are primarily responsible,
23as may be necessary or proper to prevent, minimize, repair, and
24alleviate injury and damage resulting from any natural or
25technological causes. These functions include, without
26limitation, fire fighting services, police services, emergency

 

 

HB3934- 3 -LRB101 14600 CPF 63511 b

1aviation services, medical and health services, HazMat and
2technical rescue teams, rescue, engineering, warning services,
3communications, radiological, chemical and other special
4weapons defense, evacuation of persons from stricken or
5threatened areas, emergency assigned functions of plant
6protection, temporary restoration of public utility services
7and other functions related to civilian protection, together
8with all other activities necessary or incidental to protecting
9life or property.
10    "Exercise" means a planned event realistically simulating
11a disaster, conducted for the purpose of evaluating the
12political subdivision's coordinated emergency management
13capabilities, including, but not limited to, testing the
14emergency operations plan.
15    "HazMat team" means a career or volunteer mobile support
16team that has been authorized by a unit of local government to
17respond to hazardous materials emergencies and that is
18primarily designed for emergency response to chemical or
19biological terrorism, radiological emergencies, hazardous
20material spills, releases, or fires, or other contamination
21events.
22    "Illinois Emergency Management Agency" means the agency
23established by this Act within the executive branch of State
24Government responsible for coordination of the overall
25emergency management program of the State and with private
26organizations, political subdivisions, and the federal

 

 

HB3934- 4 -LRB101 14600 CPF 63511 b

1government. Illinois Emergency Management Agency also means
2the State Emergency Response Commission responsible for the
3implementation of Title III of the Superfund Amendments and
4Reauthorization Act of 1986.
5    "Mobile Support Team" means a group of individuals
6designated as a team by the Governor or Director to train prior
7to and to be dispatched, if the Governor or the Director so
8determines, to aid and reinforce the State and political
9subdivision emergency management efforts in response to a
10disaster.
11    "Municipality" means any city, village, and incorporated
12town.
13    "Political Subdivision" means any county, city, village,
14or incorporated town or township if the township is in a county
15having a population of more than 2,000,000.
16    "Principal Executive Officer" means chair of the county
17board, supervisor of a township if the township is in a county
18having a population of more than 2,000,000, mayor of a city or
19incorporated town, president of a village, or in their absence
20or disability, the interim successor as established under
21Section 7 of the Emergency Interim Executive Succession Act.
22    "Public health emergency" means an occurrence or imminent
23threat of an illness or health condition that:
24        (a) is believed to be caused by any of the following:
25            (i) bioterrorism;
26            (ii) the appearance of a novel or previously

 

 

HB3934- 5 -LRB101 14600 CPF 63511 b

1        controlled or eradicated infectious agent or
2        biological toxin;
3            (iii) a natural disaster;
4            (iv) a chemical attack or accidental release; or
5            (v) a nuclear attack or accident; and
6        (b) poses a high probability of any of the following
7    harms:
8            (i) a large number of deaths in the affected
9        population;
10            (ii) a large number of serious or long-term
11        disabilities in the affected population; or
12            (iii) widespread exposure to an infectious or
13        toxic agent that poses a significant risk of
14        substantial future harm to a large number of people in
15        the affected population.
16    "Statewide mutual aid organization" means an entity with
17local government members throughout the State that facilitates
18temporary assistance through its members in a particular public
19safety discipline, such as police, fire or emergency
20management, when an occurrence exceeds a member jurisdiction's
21capabilities.
22    "Technical rescue team" means a career or volunteer mobile
23support team that has been authorized by a unit of local
24government to respond to building collapse, high angle rescue,
25and other specialized rescue emergencies and that is primarily
26designated for emergency response to technical rescue events.

 

 

HB3934- 6 -LRB101 14600 CPF 63511 b

1(Source: P.A. 100-587, eff. 6-4-18.)
 
2    (20 ILCS 3305/7)  (from Ch. 127, par. 1057)
3    Sec. 7. Emergency Powers of the Governor. In the event of a
4disaster, as defined in Section 4, the Governor may, by
5proclamation declare that a disaster exists. Upon such
6proclamation, the Governor shall have and may exercise for a
7period not to exceed 30 days the following emergency powers;
8provided, however, that the lapse of the emergency powers shall
9not, as regards any act or acts occurring or committed within
10the 30-day period, deprive any person, firm, corporation,
11political subdivision, or body politic of any right or rights
12to compensation or reimbursement which he, she, it, or they may
13have under the provisions of this Act:
14        (1) To suspend the provisions of any regulatory statute
15    prescribing procedures for conduct of State business, or
16    the orders, rules and regulations of any State agency, if
17    strict compliance with the provisions of any statute,
18    order, rule, or regulation would in any way prevent, hinder
19    or delay necessary action, including emergency purchases,
20    by the Illinois Emergency Management Agency, in coping with
21    the disaster.
22        (2) To utilize all available resources of the State
23    government as reasonably necessary to cope with the
24    disaster and of each political subdivision of the State.
25        (3) To transfer the direction, personnel or functions

 

 

HB3934- 7 -LRB101 14600 CPF 63511 b

1    of State departments and agencies or units thereof for the
2    purpose of performing or facilitating disaster response
3    and recovery programs.
4        (4) On behalf of this State to take possession of, and
5    to acquire full title or a lesser specified interest in,
6    any personal property as may be necessary to accomplish the
7    objectives set forth in Section 2 of this Act, including:
8    airplanes, automobiles, trucks, trailers, buses, and other
9    vehicles; coal, oils, gasoline, and other fuels and means
10    of propulsion; explosives, materials, equipment, and
11    supplies; animals and livestock; feed and seed; food and
12    provisions for humans and animals; clothing and bedding;
13    and medicines and medical and surgical supplies; and to
14    take possession of and for a limited period occupy and use
15    any real estate necessary to accomplish those objectives;
16    but only upon the undertaking by the State to pay just
17    compensation therefor as in this Act provided, and then
18    only under the following provisions:
19            a. The Governor, or the person or persons as the
20        Governor may authorize so to do, may forthwith take
21        possession of property for and on behalf of the State;
22        provided, however, that the Governor or persons shall
23        simultaneously with the taking, deliver to the owner or
24        his or her agent, if the identity of the owner or
25        agency is known or readily ascertainable, a signed
26        statement in writing, that shall include the name and

 

 

HB3934- 8 -LRB101 14600 CPF 63511 b

1        address of the owner, the date and place of the taking,
2        description of the property sufficient to identify it,
3        a statement of interest in the property that is being
4        so taken, and, if possible, a statement in writing,
5        signed by the owner, setting forth the sum that he or
6        she is willing to accept as just compensation for the
7        property or use. Whether or not the owner or agent is
8        known or readily ascertainable, a true copy of the
9        statement shall promptly be filed by the Governor or
10        the person with the Director, who shall keep the docket
11        of the statements. In cases where the sum that the
12        owner is willing to accept as just compensation is less
13        than $1,000, copies of the statements shall also be
14        filed by the Director with, and shall be passed upon by
15        an Emergency Management Claims Commission, consisting
16        of 3 disinterested citizens who shall be appointed by
17        the Governor, by and with the advice and consent of the
18        Senate, within 20 days after the Governor's
19        declaration of a disaster, and if the sum fixed by them
20        as just compensation be less than $1,000 and is
21        accepted in writing by the owner, then the State
22        Treasurer out of funds appropriated for these
23        purposes, shall, upon certification thereof by the
24        Emergency Management Claims Commission, cause the sum
25        so certified forthwith to be paid to the owner. The
26        Emergency Management Claims Commission is hereby given

 

 

HB3934- 9 -LRB101 14600 CPF 63511 b

1        the power to issue appropriate subpoenas and to
2        administer oaths to witnesses and shall keep
3        appropriate minutes and other records of its actions
4        upon and the disposition made of all claims.
5            b. When the compensation to be paid for the taking
6        or use of property or interest therein is not or cannot
7        be determined and paid under item a of this paragraph
8        (4), a petition in the name of The People of the State
9        of Illinois shall be promptly filed by the Director,
10        which filing may be enforced by mandamus, in the
11        circuit court of the county where the property or any
12        part thereof was located when initially taken or used
13        under the provisions of this Act praying that the
14        amount of compensation to be paid to the person or
15        persons interested therein be fixed and determined.
16        The petition shall include a description of the
17        property that has been taken, shall state the physical
18        condition of the property when taken, shall name as
19        defendants all interested parties, shall set forth the
20        sum of money estimated to be just compensation for the
21        property or interest therein taken or used, and shall
22        be signed by the Director. The litigation shall be
23        handled by the Attorney General for and on behalf of
24        the State.
25            c. Just compensation for the taking or use of
26        property or interest therein shall be promptly

 

 

HB3934- 10 -LRB101 14600 CPF 63511 b

1        ascertained in proceedings and established by judgment
2        against the State, that shall include, as part of the
3        just compensation so awarded, interest at the rate of
4        6% per annum on the fair market value of the property
5        or interest therein from the date of the taking or use
6        to the date of the judgment; and the court may order
7        the payment of delinquent taxes and special
8        assessments out of the amount so awarded as just
9        compensation and may make any other orders with respect
10        to encumbrances, rents, insurance, and other charges,
11        if any, as shall be just and equitable.
12        (5) When required by the exigencies of the disaster, to
13    sell, lend, rent, give, or distribute all or any part of
14    property so or otherwise acquired to the inhabitants of
15    this State, or to political subdivisions of this State, or,
16    under the interstate mutual aid agreements or compacts as
17    are entered into under the provisions of subparagraph (5)
18    of paragraph (c) of Section 6 to other states, and to
19    account for and transmit to the State Treasurer all funds,
20    if any, received therefor.
21        (6) To recommend the evacuation of all or part of the
22    population from any stricken or threatened area within the
23    State if the Governor deems this action necessary.
24        (7) To prescribe routes, modes of transportation, and
25    destinations in connection with evacuation.
26        (8) To control ingress and egress to and from a

 

 

HB3934- 11 -LRB101 14600 CPF 63511 b

1    disaster area, the movement of persons within the area, and
2    the occupancy of premises therein.
3        (9) To suspend or limit the sale, dispensing, or
4    transportation of alcoholic beverages, firearms,
5    explosives, and combustibles.
6        (10) To make provision for the availability and use of
7    temporary emergency housing.
8        (11) A proclamation of a disaster shall activate the
9    State Emergency Operations Plan, and political subdivision
10    emergency operations plans applicable to the political
11    subdivision or area in question and be authority for the
12    deployment and use of any forces that the plan or plans
13    apply and for use or distribution of any supplies,
14    equipment, and materials and facilities assembled,
15    stockpiled or arranged to be made available under this Act
16    or any other provision of law relating to disasters.
17        (12) Control, restrict, and regulate by rationing,
18    freezing, use of quotas, prohibitions on shipments, price
19    fixing, allocation or other means, the use, sale or
20    distribution of food, feed, fuel, clothing and other
21    commodities, materials, goods, or services; and perform
22    and exercise any other functions, powers, and duties as may
23    be necessary to promote and secure the safety and
24    protection of the civilian population.
25        (13) During the continuance of any disaster the
26    Governor is commander-in-chief of the organized and

 

 

HB3934- 12 -LRB101 14600 CPF 63511 b

1    unorganized militia and of all other forces available for
2    emergency duty. To the greatest extent practicable, the
3    Governor shall delegate or assign command authority to the
4    Director do so by orders issued at the time of the
5    disaster.
6        (14) Prohibit increases in the prices of goods and
7    services during a disaster.
8(Source: P.A. 100-863, eff. 8-14-18.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.