Illinois General Assembly - Full Text of HB3523
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Full Text of HB3523  102nd General Assembly




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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 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    "Cyber incident" means an event occurring on or conducted
15through a computer network that actually or imminently
16jeopardizes the integrity, confidentiality, or availability of
17computers, information or communications systems or networks,
18physical or virtual infrastructure controlled by computers or
19information systems, or information resident thereon that
20affect or control infrastructure or communications networks
21utilized by the public. "Cyber incident" includes a
22vulnerability in information systems, system security
23procedures, internal controls, or implementations that could



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1be exploited by a threat source that affect or control
2infrastructure or communications networks utilized by the
4    "Disaster" means an occurrence or threat of widespread or
5severe damage, injury or loss of life or property resulting
6from any natural, or technological, or human cause, including
7but not limited to fire, flood, earthquake, wind, storm,
8hazardous materials spill or other water contamination
9requiring emergency action to avert danger or damage,
10epidemic, air contamination, blight, extended periods of
11severe and inclement weather, drought, infestation, critical
12shortages of essential fuels and energy, explosion, riot,
13hostile military or paramilitary action, public health
14emergencies, cyber incidents, or acts of domestic terrorism.
15    "Emergency Management" means the efforts of the State and
16the political subdivisions to develop, plan, analyze, conduct,
17provide, implement and maintain programs for disaster
18mitigation, preparedness, response and recovery.
19    "Emergency Services and Disaster Agency" means the agency
20by this name, by the name Emergency Management Agency, or by
21any other name that is established by ordinance within a
22political subdivision to coordinate the emergency management
23program within that political subdivision and with private
24organizations, other political subdivisions, the State and
25federal governments.
26    "Emergency Operations Plan" means the written plan of the



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1State and political subdivisions describing the organization,
2mission, and functions of the government and supporting
3services for responding to and recovering from disasters and
4shall include plans that take into account the needs of those
5individuals with household pets and service animals following
6a major disaster or emergency.
7    "Emergency Services" means the coordination of functions
8by the State and its political subdivision, other than
9functions for which military forces are primarily responsible,
10as may be necessary or proper to prevent, minimize, repair,
11and alleviate injury and damage resulting from any natural or
12technological causes. These functions include, without
13limitation, fire fighting services, police services, emergency
14aviation services, medical and health services, HazMat and
15technical rescue teams, rescue, engineering, warning services,
16communications, radiological, chemical and other special
17weapons defense, evacuation of persons from stricken or
18threatened areas, emergency assigned functions of plant
19protection, temporary restoration of public utility services
20and other functions related to civilian protection, together
21with all other activities necessary or incidental to
22protecting life or property.
23    "Exercise" means a planned event realistically simulating
24a disaster, conducted for the purpose of evaluating the
25political subdivision's coordinated emergency management
26capabilities, including, but not limited to, testing the



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1emergency operations plan.
2    "HazMat team" means a career or volunteer mobile support
3team that has been authorized by a unit of local government to
4respond to hazardous materials emergencies and that is
5primarily designed for emergency response to chemical or
6biological terrorism, radiological emergencies, hazardous
7material spills, releases, or fires, or other contamination
9    "Illinois Emergency Management Agency" means the agency
10established by this Act within the executive branch of State
11Government responsible for coordination of the overall
12emergency management program of the State and with private
13organizations, political subdivisions, and the federal
14government. Illinois Emergency Management Agency also means
15the State Emergency Response Commission responsible for the
16implementation of Title III of the Superfund Amendments and
17Reauthorization Act of 1986.
18    "Mobile Support Team" means a group of individuals
19designated as a team by the Governor or Director to train prior
20to and to be dispatched, if the Governor or the Director so
21determines, to aid and reinforce the State and political
22subdivision emergency management efforts in response to a
24    "Municipality" means any city, village, and incorporated
26    "Political Subdivision" means any county, city, village,



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1or incorporated town or township if the township is in a county
2having a population of more than 2,000,000.
3    "Principal Executive Officer" means chair of the county
4board, supervisor of a township if the township is in a county
5having a population of more than 2,000,000, mayor of a city or
6incorporated town, president of a village, or in their absence
7or disability, the interim successor as established under
8Section 7 of the Emergency Interim Executive Succession Act.
9    "Public health emergency" means an occurrence or imminent
10threat of an illness or health condition that:
11        (a) is believed to be caused by any of the following:
12            (i) bioterrorism;
13            (ii) the appearance of a novel or previously
14        controlled or eradicated infectious agent or
15        biological toxin;
16            (iii) a natural disaster;
17            (iv) a chemical attack or accidental release; or
18            (v) a nuclear attack or accident; and
19        (b) poses a high probability of any of the following
20    harms:
21            (i) a large number of deaths in the affected
22        population;
23            (ii) a large number of serious or long-term
24        disabilities in the affected population; or
25            (iii) widespread exposure to an infectious or
26        toxic agent that poses a significant risk of



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1        substantial future harm to a large number of people in
2        the affected population.
3    "Statewide mutual aid organization" means an entity with
4local government members throughout the State that facilitates
5temporary assistance through its members in a particular
6public safety discipline, such as police, fire or emergency
7management, when an occurrence exceeds a member jurisdiction's
9    "Technical rescue team" means a career or volunteer mobile
10support team that has been authorized by a unit of local
11government to respond to building collapse, high angle rescue,
12and other specialized rescue emergencies and that is primarily
13designated for emergency response to technical rescue events.
14(Source: P.A. 100-587, eff. 6-4-18.)
15    (20 ILCS 3305/7)  (from Ch. 127, par. 1057)
16    Sec. 7. Emergency Powers of the Governor. In the event of a
17disaster, as defined in Section 4, the Governor may, by
18proclamation declare that a disaster exists. Upon such
19proclamation, the Governor shall have and may exercise for a
20period not to exceed 30 days the following emergency powers;
21provided, however, that the lapse of the emergency powers
22shall not, as regards any act or acts occurring or committed
23within the 30-day period, deprive any person, firm,
24corporation, political subdivision, or body politic of any
25right or rights to compensation or reimbursement which he,



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1she, it, or they may have under the provisions of this Act:
2        (1) To suspend the provisions of any regulatory
3    statute prescribing procedures for conduct of State
4    business, or the orders, rules and regulations of any
5    State agency, if strict compliance with the provisions of
6    any statute, order, rule, or regulation would in any way
7    prevent, hinder or delay necessary action, including
8    emergency purchases, by the Illinois Emergency Management
9    Agency, in coping with the disaster.
10        (2) To utilize all available resources of the State
11    government as reasonably necessary to cope with the
12    disaster and of each political subdivision of the State.
13        (3) To transfer the direction, personnel or functions
14    of State departments and agencies or units thereof for the
15    purpose of performing or facilitating disaster response
16    and recovery programs.
17        (4) On behalf of this State to take possession of, and
18    to acquire full title or a lesser specified interest in,
19    any personal property as may be necessary to accomplish
20    the objectives set forth in Section 2 of this Act,
21    including: airplanes, automobiles, trucks, trailers,
22    buses, and other vehicles; coal, oils, gasoline, and other
23    fuels and means of propulsion; explosives, materials,
24    equipment, and supplies; animals and livestock; feed and
25    seed; food and provisions for humans and animals; clothing
26    and bedding; and medicines and medical and surgical



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



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



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



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



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1    apply and for use or distribution of any supplies,
2    equipment, and materials and facilities assembled,
3    stockpiled or arranged to be made available under this Act
4    or any other provision of law relating to disasters.
5        (12) Control, restrict, and regulate by rationing,
6    freezing, use of quotas, prohibitions on shipments, price
7    fixing, allocation or other means, the use, sale or
8    distribution of food, feed, fuel, clothing and other
9    commodities, materials, goods, or services; and perform
10    and exercise any other functions, powers, and duties as
11    may be necessary to promote and secure the safety and
12    protection of the civilian population.
13        (13) During the continuance of any disaster the
14    Governor is commander-in-chief of the organized and
15    unorganized militia and of all other forces available for
16    emergency duty. To the greatest extent practicable, the
17    Governor shall delegate or assign command authority to the
18    Director to manage, coordinate, and direct all resources
19    do 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.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.