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Full Text of SB2232  100th General Assembly

SB2232sam002 100TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 4/20/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2232

2    AMENDMENT NO. ______. Amend Senate Bill 2232 by replacing
3everything after the enacting clause with the following:
 
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. (a) In the event
8of a disaster, as defined in Section 4, the Governor may, by
9proclamation declare that a disaster exists. Upon such
10proclamation, the Governor shall have and may exercise for a
11period not to exceed 30 days the following emergency powers;
12provided, however, that the lapse of the emergency powers shall
13not, as regards any act or acts occurring or committed within
14the 30-day 30 days period, deprive any person, firm,
15corporation, political subdivision, or body politic of any
16right or rights to compensation or reimbursement which he, she,

 

 

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

 

 

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1    and medicines and medical and surgical supplies; and to
2    take possession of and for a limited period occupy and use
3    any real estate necessary to accomplish those objectives;
4    but only upon the undertaking by the State to pay just
5    compensation therefor as in this Act provided, and then
6    only under the following 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 or
12        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 docket
25        of the statements. In cases where the sum that the
26        owner is willing to accept as just compensation is less

 

 

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1        than $1,000, copies of the statements shall also be
2        filed by the Director with, and shall be passed upon by
3        an Emergency Management Claims Commission, consisting
4        of 3 disinterested citizens who shall be appointed by
5        the Governor, by and with the advice and consent of the
6        Senate, within 20 days after the Governor's
7        declaration of a disaster, and if the sum fixed by them
8        as just compensation be less than $1,000 and is
9        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) above, a petition in the name of The People of
23        the State of Illinois shall be promptly filed by the
24        Director, which filing may be enforced by mandamus, in
25        the circuit court of the county where the property or
26        any part thereof was located when initially taken or

 

 

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1        used 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 respect
24        to encumbrances, rents, insurance, and other charges,
25        if any, as shall be just and equitable.
26        (5) When required by the exigencies of the disaster, to

 

 

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1    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, or,
4    under the interstate mutual aid agreements or compacts as
5    are entered into under the provisions of subparagraph (5)
6    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 and to
12    order the mandatory emergency evacuation of a long term
13    care facility and facilities selected for the supportive
14    living facilities program authorized by Section 5-5.01a of
15    the Illinois Public Aid Code when it is determined, in
16    consultation with the Director of Public Health, that
17    evacuation is the best solution to eliminating the
18    potential for harm. A long term care facility notified of a
19    mandatory emergency evacuation order shall provide a list
20    of resources needed to the Governor or his or her designee
21    to safely implement the order.
22        (7) To prescribe routes, modes of transportation, and
23    destinations in connection with evacuation.
24        (8) To control ingress and egress to and from a
25    disaster area, the movement of persons within the area, and
26    the occupancy of premises therein.

 

 

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

 

 

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1    Governor shall delegate or assign command authority to do
2    so by orders issued at the time of the disaster.
3        (14) Prohibit increases in the prices of goods and
4    services during a disaster.
5(Source: P.A. 92-73, eff. 1-1-02; revised 9-28-17.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".