Illinois General Assembly - Full Text of HB3523
Illinois General Assembly

Previous General Assemblies

Full Text of HB3523  102nd General Assembly


Rep. Keith R. Wheeler

Filed: 4/20/2021





10200HB3523ham001LRB102 09897 CPF 25518 a


2    AMENDMENT NO. ______. Amend House Bill 3523, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Illinois Emergency Management Agency Act
6is amended by changing Sections 4 and 7 as follows:
7    (20 ILCS 3305/4)  (from Ch. 127, par. 1054)
8    Sec. 4. Definitions. As used in this Act, unless the
9context clearly indicates otherwise, the following words and
10terms have the meanings ascribed to them in this Section:
11    "Coordinator" means the staff assistant to the principal
12executive officer of a political subdivision with the duty of
13coordinating the emergency management programs of that
14political subdivision.
15    "Cyber incident" means an event occurring on or conducted
16through a computer network that actually or imminently



10200HB3523ham001- 2 -LRB102 09897 CPF 25518 a

1jeopardizes the integrity, confidentiality, or availability of
2computers, information or communications systems or networks,
3physical or virtual infrastructure controlled by computers or
4information systems, or information resident thereon that
5affect or control infrastructure or communications networks
6utilized by the public. "Cyber incident" includes a
7vulnerability in information systems, system security
8procedures, internal controls, or implementations that could
9be exploited by a threat source that affect or control
10infrastructure or communications networks utilized by the
12    "Disaster" means an occurrence or threat of widespread or
13severe damage, injury or loss of life or property resulting
14from any natural, or technological, or human cause, including
15but not limited to fire, flood, earthquake, wind, storm,
16hazardous materials spill or other water contamination
17requiring emergency action to avert danger or damage,
18epidemic, air contamination, blight, extended periods of
19severe and inclement weather, drought, infestation, critical
20shortages of essential fuels and energy, explosion, riot,
21hostile military or paramilitary action, public health
22emergencies, cyber incidents, or acts of domestic terrorism.
23    "Emergency Management" means the efforts of the State and
24the political subdivisions to develop, plan, analyze, conduct,
25provide, implement and maintain programs for disaster
26mitigation, preparedness, response and recovery.



10200HB3523ham001- 3 -LRB102 09897 CPF 25518 a

1    "Emergency Services and Disaster Agency" means the agency
2by this name, by the name Emergency Management Agency, or by
3any other name that is established by ordinance within a
4political subdivision to coordinate the emergency management
5program within that political subdivision and with private
6organizations, other political subdivisions, the State and
7federal governments.
8    "Emergency Operations Plan" means the written plan of the
9State and political subdivisions describing the organization,
10mission, and functions of the government and supporting
11services for responding to and recovering from disasters and
12shall include plans that take into account the needs of those
13individuals with household pets and service animals following
14a major disaster or emergency.
15    "Emergency Services" means the coordination of functions
16by the State and its political subdivision, other than
17functions for which military forces are primarily responsible,
18as may be necessary or proper to prevent, minimize, repair,
19and alleviate injury and damage resulting from any natural or
20technological causes. These functions include, without
21limitation, fire fighting services, police services, emergency
22aviation services, medical and health services, HazMat and
23technical rescue teams, rescue, engineering, warning services,
24communications, radiological, chemical and other special
25weapons defense, evacuation of persons from stricken or
26threatened areas, emergency assigned functions of plant



10200HB3523ham001- 4 -LRB102 09897 CPF 25518 a

1protection, temporary restoration of public utility services
2and other functions related to civilian protection, together
3with all other activities necessary or incidental to
4protecting life or property.
5    "Exercise" means a planned event realistically simulating
6a disaster, conducted for the purpose of evaluating the
7political subdivision's coordinated emergency management
8capabilities, including, but not limited to, testing the
9emergency operations plan.
10    "HazMat team" means a career or volunteer mobile support
11team that has been authorized by a unit of local government to
12respond to hazardous materials emergencies and that is
13primarily designed for emergency response to chemical or
14biological terrorism, radiological emergencies, hazardous
15material spills, releases, or fires, or other contamination
17    "Illinois Emergency Management Agency" means the agency
18established by this Act within the executive branch of State
19Government responsible for coordination of the overall
20emergency management program of the State and with private
21organizations, political subdivisions, and the federal
22government. Illinois Emergency Management Agency also means
23the State Emergency Response Commission responsible for the
24implementation of Title III of the Superfund Amendments and
25Reauthorization Act of 1986.
26    "Mobile Support Team" means a group of individuals



10200HB3523ham001- 5 -LRB102 09897 CPF 25518 a

1designated as a team by the Governor or Director to train prior
2to and to be dispatched, if the Governor or the Director so
3determines, to aid and reinforce the State and political
4subdivision emergency management efforts in response to a
6    "Municipality" means any city, village, and incorporated
8    "Political Subdivision" means any county, city, village,
9or incorporated town or township if the township is in a county
10having a population of more than 2,000,000.
11    "Principal Executive Officer" means chair of the county
12board, supervisor of a township if the township is in a county
13having a population of more than 2,000,000, mayor of a city or
14incorporated town, president of a village, or in their absence
15or disability, the interim successor as established under
16Section 7 of the Emergency Interim Executive Succession Act.
17    "Public health emergency" means an occurrence or imminent
18threat of an illness or health condition that:
19        (a) is believed to be caused by any of the following:
20            (i) bioterrorism;
21            (ii) the appearance of a novel or previously
22        controlled or eradicated infectious agent or
23        biological toxin;
24            (iii) a natural disaster;
25            (iv) a chemical attack or accidental release; or
26            (v) a nuclear attack or accident; and



10200HB3523ham001- 6 -LRB102 09897 CPF 25518 a

1        (b) poses a high probability of any of the following
2    harms:
3            (i) a large number of deaths in the affected
4        population;
5            (ii) a large number of serious or long-term
6        disabilities in the affected population; or
7            (iii) widespread exposure to an infectious or
8        toxic agent that poses a significant risk of
9        substantial future harm to a large number of people in
10        the affected population.
11    "Statewide mutual aid organization" means an entity with
12local government members throughout the State that facilitates
13temporary assistance through its members in a particular
14public safety discipline, such as police, fire or emergency
15management, when an occurrence exceeds a member jurisdiction's
17    "Technical rescue team" means a career or volunteer mobile
18support team that has been authorized by a unit of local
19government to respond to building collapse, high angle rescue,
20and other specialized rescue emergencies and that is primarily
21designated for emergency response to technical rescue events.
22(Source: P.A. 100-587, eff. 6-4-18.)
23    (20 ILCS 3305/7)  (from Ch. 127, par. 1057)
24    Sec. 7. Emergency Powers of the Governor. In the event of a
25disaster, as defined in Section 4, the Governor may, by



10200HB3523ham001- 7 -LRB102 09897 CPF 25518 a

1proclamation declare that a disaster exists. Upon such
2proclamation, the Governor shall have and may exercise for a
3period not to exceed 30 days the following emergency powers;
4provided, however, that the lapse of the emergency powers
5shall not, as regards any act or acts occurring or committed
6within the 30-day period, deprive any person, firm,
7corporation, political subdivision, or body politic of any
8right or rights to compensation or reimbursement which he,
9she, it, or they may have under the provisions of this Act:
10        (1) To suspend the provisions of any regulatory
11    statute prescribing procedures for conduct of State
12    business, or the orders, rules and regulations of any
13    State agency, if strict compliance with the provisions of
14    any statute, order, rule, or regulation would in any way
15    prevent, hinder or delay necessary action, including
16    emergency purchases, by the Illinois Emergency Management
17    Agency, in coping with the disaster.
18        (2) To utilize all available resources of the State
19    government as reasonably necessary to cope with the
20    disaster and of each political subdivision of the State.
21        (3) To transfer the direction, personnel or functions
22    of State departments and agencies or units thereof for the
23    purpose of performing or facilitating disaster response
24    and recovery programs.
25        (4) On behalf of this State to take possession of, and
26    to acquire full title or a lesser specified interest in,



10200HB3523ham001- 8 -LRB102 09897 CPF 25518 a

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



10200HB3523ham001- 9 -LRB102 09897 CPF 25518 a

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



10200HB3523ham001- 10 -LRB102 09897 CPF 25518 a

1            b. When the compensation to be paid for the taking
2        or use of property or interest therein is not or cannot
3        be determined and paid under item a of this paragraph
4        (4), a petition in the name of The People of the State
5        of Illinois shall be promptly filed by the Director,
6        which filing may be enforced by mandamus, in the
7        circuit court of the county where the property or any
8        part thereof was located when initially taken or used
9        under the provisions of this Act praying that the
10        amount of compensation to be paid to the person or
11        persons interested therein be fixed and determined.
12        The petition shall include a description of the
13        property that has been taken, shall state the physical
14        condition of the property when taken, shall name as
15        defendants all interested parties, shall set forth the
16        sum of money estimated to be just compensation for the
17        property or interest therein taken or used, and shall
18        be signed by the Director. The litigation shall be
19        handled by the Attorney General for and on behalf of
20        the State.
21            c. Just compensation for the taking or use of
22        property or interest therein shall be promptly
23        ascertained in proceedings and established by judgment
24        against the State, that shall include, as part of the
25        just compensation so awarded, interest at the rate of
26        6% per annum on the fair market value of the property



10200HB3523ham001- 11 -LRB102 09897 CPF 25518 a

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



10200HB3523ham001- 12 -LRB102 09897 CPF 25518 a

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



10200HB3523ham001- 13 -LRB102 09897 CPF 25518 a

1    do so by orders issued at the time of the disaster.
2        (14) Prohibit increases in the prices of goods and
3    services during a disaster.
4(Source: P.A. 100-863, eff. 8-14-18.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".