Illinois General Assembly - Full Text of SB3987
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Full Text of SB3987  101st General Assembly




State of Illinois
2019 and 2020


Introduced 5/19/2020, by Sen. Dan McConchie - Neil Anderson


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

    Amends the Illinois Emergency Management Agency Act. Provides that after an initial proclamation declaring that a disaster exists, the Governor may only extend that declaration or make further proclamations regarding the same disaster if the General Assembly passes a resolution within 5 calendar days that approves the extension or further proclamation. Provides that if, due to health or safety concerns, the General Assembly is unable to convene in either regular or special session to approve the extension or further proclamation, the extension or further proclamation may continue in effect until the General Assembly is able to convene in regular or special session if the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives submit written certification to the Governor that the General Assembly is unable to convene to provide the necessary approval of the extension or further proclamation. Effective immediately.

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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. 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 period, deprive any person, firm, corporation,
15political subdivision, or body politic of any right or rights
16to compensation or reimbursement which he, she, it, or they may
17have 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, if
21    strict compliance with the provisions of any statute,
22    order, rule, or regulation would in any way prevent, hinder
23    or delay necessary action, including emergency purchases,



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1    by the Illinois Emergency Management Agency, in coping with
2    the disaster.
3        (2) To utilize all available resources of the State
4    government as reasonably necessary to cope with the
5    disaster and of each political subdivision of the State.
6        (3) To transfer the direction, personnel or functions
7    of State departments and agencies or units thereof for the
8    purpose of performing or facilitating disaster response
9    and recovery programs.
10        (4) On behalf of this State to take possession of, and
11    to acquire full title or a lesser specified interest in,
12    any personal property as may be necessary to accomplish the
13    objectives set forth in Section 2 of this Act, including:
14    airplanes, automobiles, trucks, trailers, buses, and other
15    vehicles; coal, oils, gasoline, and other fuels and means
16    of propulsion; explosives, materials, equipment, and
17    supplies; animals and livestock; feed and seed; food and
18    provisions for humans and animals; clothing and bedding;
19    and medicines and medical and surgical supplies; and to
20    take possession of and for a limited period occupy and use
21    any real estate necessary to accomplish those objectives;
22    but only upon the undertaking by the State to pay just
23    compensation therefor as in this Act provided, and then
24    only under the following provisions:
25            a. The Governor, or the person or persons as the
26        Governor may authorize so to do, may forthwith take



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1        possession of property for and on behalf of the State;
2        provided, however, that the Governor or persons shall
3        simultaneously with the taking, deliver to the owner or
4        his or her agent, if the identity of the owner or
5        agency is known or readily ascertainable, a signed
6        statement in writing, that shall include the name and
7        address of the owner, the date and place of the taking,
8        description of the property sufficient to identify it,
9        a statement of interest in the property that is being
10        so taken, and, if possible, a statement in writing,
11        signed by the owner, setting forth the sum that he or
12        she is willing to accept as just compensation for the
13        property or use. Whether or not the owner or agent is
14        known or readily ascertainable, a true copy of the
15        statement shall promptly be filed by the Governor or
16        the person with the Director, who shall keep the docket
17        of the statements. In cases where the sum that the
18        owner is willing to accept as just compensation is less
19        than $1,000, copies of the statements shall also be
20        filed by the Director with, and shall be passed upon by
21        an Emergency Management Claims Commission, consisting
22        of 3 disinterested citizens who shall be appointed by
23        the Governor, by and with the advice and consent of the
24        Senate, within 20 days after the Governor's
25        declaration of a disaster, and if the sum fixed by them
26        as just compensation be less than $1,000 and is



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



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1        property or interest therein taken or used, and shall
2        be signed by the Director. The litigation shall be
3        handled by the Attorney General for and on behalf of
4        the State.
5            c. Just compensation for the taking or use of
6        property or interest therein shall be promptly
7        ascertained in proceedings and established by judgment
8        against the State, that shall include, as part of the
9        just compensation so awarded, interest at the rate of
10        6% per annum on the fair market value of the property
11        or interest therein from the date of the taking or use
12        to the date of the judgment; and the court may order
13        the payment of delinquent taxes and special
14        assessments out of the amount so awarded as just
15        compensation and may make any other orders with respect
16        to encumbrances, rents, insurance, and other charges,
17        if any, as shall be just and equitable.
18        (5) When required by the exigencies of the disaster, to
19    sell, lend, rent, give, or distribute all or any part of
20    property so or otherwise acquired to the inhabitants of
21    this State, or to political subdivisions of this State, or,
22    under the interstate mutual aid agreements or compacts as
23    are entered into under the provisions of subparagraph (5)
24    of paragraph (c) of Section 6 to other states, and to
25    account for and transmit to the State Treasurer all funds,
26    if any, received therefor.



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1        (6) To recommend the evacuation of all or part of the
2    population from any stricken or threatened area within the
3    State if the Governor deems this action necessary.
4        (7) To prescribe routes, modes of transportation, and
5    destinations in connection with evacuation.
6        (8) To control ingress and egress to and from a
7    disaster area, the movement of persons within the area, and
8    the occupancy of premises therein.
9        (9) To suspend or limit the sale, dispensing, or
10    transportation of alcoholic beverages, firearms,
11    explosives, and combustibles.
12        (10) To make provision for the availability and use of
13    temporary emergency housing.
14        (11) A proclamation of a disaster shall activate the
15    State Emergency Operations Plan, and political subdivision
16    emergency operations plans applicable to the political
17    subdivision or area in question and be authority for the
18    deployment and use of any forces that the plan or plans
19    apply and for use or distribution of any supplies,
20    equipment, and materials and facilities assembled,
21    stockpiled or arranged to be made available under this Act
22    or any other provision of law relating to disasters.
23        (12) Control, restrict, and regulate by rationing,
24    freezing, use of quotas, prohibitions on shipments, price
25    fixing, allocation or other means, the use, sale or
26    distribution of food, feed, fuel, clothing and other



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1    commodities, materials, goods, or services; and perform
2    and exercise any other functions, powers, and duties as may
3    be necessary to promote and secure the safety and
4    protection of the civilian population.
5        (13) During the continuance of any disaster the
6    Governor is commander-in-chief of the organized and
7    unorganized militia and of all other forces available for
8    emergency duty. To the greatest extent practicable, the
9    Governor shall delegate or assign command authority to do
10    so by orders issued at the time of the disaster.
11        (14) Prohibit increases in the prices of goods and
12    services during a disaster.
13        (15) After the initial proclamation made under this
14    Section declaring that a disaster exists, the Governor may
15    only extend that declaration or make further proclamations
16    regarding the same disaster if the General Assembly,
17    convened in either regular or special session, passes a
18    resolution that approves the extension or further
19    proclamation in whole or in part. The resolution shall set
20    forth the full text of the extension or further
21    proclamation. If the General Assembly fails to pass the
22    resolution within 5 calendar days after the extension or
23    further proclamation, any such extension or further
24    proclamation shall be null and void. Actions taken pursuant
25    to any extension or further proclamation during the time
26    between the issuance of the extension or further



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1    proclamation and either action by the General Assembly or
2    the expiration of the 5-day deadline shall be valid.
3        If, due to health or safety concerns, the General
4    Assembly is unable to convene in either regular or special
5    session to approve the extension or further proclamation,
6    the extension or further proclamation may continue in
7    effect until the General Assembly is able to convene in
8    regular or special session if the President of the Senate,
9    the Speaker of the House of Representatives, the Minority
10    Leader of the Senate, and the Minority Leader of the House
11    of Representatives submit written certification to the
12    Governor that the General Assembly is unable to convene to
13    provide the necessary approval of the extension or further
14    proclamation.
15(Source: P.A. 100-863, eff. 8-14-18.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.