Illinois General Assembly - Full Text of Public Act 102-0485
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Public Act 102-0485


Public Act 0485 102ND GENERAL ASSEMBLY



Public Act 102-0485
HB3523 EnrolledLRB102 09897 CPF 15215 b

    AN ACT concerning State government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Emergency Management Agency Act is
amended by changing Sections 4 and 7 as follows:
    (20 ILCS 3305/4)  (from Ch. 127, par. 1054)
    Sec. 4. Definitions. As used in this Act, unless the
context clearly indicates otherwise, the following words and
terms have the meanings ascribed to them in this Section:
    "Coordinator" means the staff assistant to the principal
executive officer of a political subdivision with the duty of
coordinating the emergency management programs of that
political subdivision.
    "Cyber incident" means an event occurring on or conducted
through a computer network that actually or imminently
jeopardizes the integrity, confidentiality, or availability of
computers, information or communications systems or networks,
physical or virtual infrastructure controlled by computers or
information systems, or information resident thereon that
affect or control infrastructure or communications networks
utilized by the public. "Cyber incident" includes a
vulnerability in information systems, system security
procedures, internal controls, or implementations that could
be exploited by a threat source that affect or control
infrastructure or communications networks utilized by the
    "Disaster" means an occurrence or threat of widespread or
severe damage, injury or loss of life or property resulting
from any natural, or technological, or human cause, including
but not limited to fire, flood, earthquake, wind, storm,
hazardous materials spill or other water contamination
requiring emergency action to avert danger or damage,
epidemic, air contamination, blight, extended periods of
severe and inclement weather, drought, infestation, critical
shortages of essential fuels and energy, explosion, riot,
hostile military or paramilitary action, public health
emergencies, cyber incidents, or acts of domestic terrorism.
    "Emergency Management" means the efforts of the State and
the political subdivisions to develop, plan, analyze, conduct,
provide, implement and maintain programs for disaster
mitigation, preparedness, response and recovery.
    "Emergency Services and Disaster Agency" means the agency
by this name, by the name Emergency Management Agency, or by
any other name that is established by ordinance within a
political subdivision to coordinate the emergency management
program within that political subdivision and with private
organizations, other political subdivisions, the State and
federal governments.
    "Emergency Operations Plan" means the written plan of the
State and political subdivisions describing the organization,
mission, and functions of the government and supporting
services for responding to and recovering from disasters and
shall include plans that take into account the needs of those
individuals with household pets and service animals following
a major disaster or emergency.
    "Emergency Services" means the coordination of functions
by the State and its political subdivision, other than
functions for which military forces are primarily responsible,
as may be necessary or proper to prevent, minimize, repair,
and alleviate injury and damage resulting from any natural or
technological causes. These functions include, without
limitation, fire fighting services, police services, emergency
aviation services, medical and health services, HazMat and
technical rescue teams, rescue, engineering, warning services,
communications, radiological, chemical and other special
weapons defense, evacuation of persons from stricken or
threatened areas, emergency assigned functions of plant
protection, temporary restoration of public utility services
and other functions related to civilian protection, together
with all other activities necessary or incidental to
protecting life or property.
    "Exercise" means a planned event realistically simulating
a disaster, conducted for the purpose of evaluating the
political subdivision's coordinated emergency management
capabilities, including, but not limited to, testing the
emergency operations plan.
    "HazMat team" means a career or volunteer mobile support
team that has been authorized by a unit of local government to
respond to hazardous materials emergencies and that is
primarily designed for emergency response to chemical or
biological terrorism, radiological emergencies, hazardous
material spills, releases, or fires, or other contamination
    "Illinois Emergency Management Agency" means the agency
established by this Act within the executive branch of State
Government responsible for coordination of the overall
emergency management program of the State and with private
organizations, political subdivisions, and the federal
government. Illinois Emergency Management Agency also means
the State Emergency Response Commission responsible for the
implementation of Title III of the Superfund Amendments and
Reauthorization Act of 1986.
    "Mobile Support Team" means a group of individuals
designated as a team by the Governor or Director to train prior
to and to be dispatched, if the Governor or the Director so
determines, to aid and reinforce the State and political
subdivision emergency management efforts in response to a
    "Municipality" means any city, village, and incorporated
    "Political Subdivision" means any county, city, village,
or incorporated town or township if the township is in a county
having a population of more than 2,000,000.
    "Principal Executive Officer" means chair of the county
board, supervisor of a township if the township is in a county
having a population of more than 2,000,000, mayor of a city or
incorporated town, president of a village, or in their absence
or disability, the interim successor as established under
Section 7 of the Emergency Interim Executive Succession Act.
    "Public health emergency" means an occurrence or imminent
threat of an illness or health condition that:
        (a) is believed to be caused by any of the following:
            (i) bioterrorism;
            (ii) the appearance of a novel or previously
        controlled or eradicated infectious agent or
        biological toxin;
            (iii) a natural disaster;
            (iv) a chemical attack or accidental release; or
            (v) a nuclear attack or accident; and
        (b) poses a high probability of any of the following
            (i) a large number of deaths in the affected
            (ii) a large number of serious or long-term
        disabilities in the affected population; or
            (iii) widespread exposure to an infectious or
        toxic agent that poses a significant risk of
        substantial future harm to a large number of people in
        the affected population.
    "Statewide mutual aid organization" means an entity with
local government members throughout the State that facilitates
temporary assistance through its members in a particular
public safety discipline, such as police, fire or emergency
management, when an occurrence exceeds a member jurisdiction's
    "Technical rescue team" means a career or volunteer mobile
support team that has been authorized by a unit of local
government to respond to building collapse, high angle rescue,
and other specialized rescue emergencies and that is primarily
designated for emergency response to technical rescue events.
(Source: P.A. 100-587, eff. 6-4-18.)
    (20 ILCS 3305/7)  (from Ch. 127, par. 1057)
    Sec. 7. Emergency Powers of the Governor. In the event of a
disaster, as defined in Section 4, the Governor may, by
proclamation declare that a disaster exists. Upon such
proclamation, the Governor shall have and may exercise for a
period not to exceed 30 days the following emergency powers;
provided, however, that the lapse of the emergency powers
shall not, as regards any act or acts occurring or committed
within the 30-day period, deprive any person, firm,
corporation, political subdivision, or body politic of any
right or rights to compensation or reimbursement which he,
she, it, or they may have under the provisions of this Act:
        (1) To suspend the provisions of any regulatory
    statute prescribing procedures for conduct of State
    business, or the orders, rules and regulations of any
    State agency, if strict compliance with the provisions of
    any statute, order, rule, or regulation would in any way
    prevent, hinder or delay necessary action, including
    emergency purchases, by the Illinois Emergency Management
    Agency, in coping with the disaster.
        (2) To utilize all available resources of the State
    government as reasonably necessary to cope with the
    disaster and of each political subdivision of the State.
        (3) To transfer the direction, personnel or functions
    of State departments and agencies or units thereof for the
    purpose of performing or facilitating disaster response
    and recovery programs.
        (4) On behalf of this State to take possession of, and
    to acquire full title or a lesser specified interest in,
    any personal property as may be necessary to accomplish
    the objectives set forth in Section 2 of this Act,
    including: airplanes, automobiles, trucks, trailers,
    buses, and other vehicles; coal, oils, gasoline, and other
    fuels and means of propulsion; explosives, materials,
    equipment, and supplies; animals and livestock; feed and
    seed; food and provisions for humans and animals; clothing
    and bedding; and medicines and medical and surgical
    supplies; and to take possession of and for a limited
    period occupy and use any real estate necessary to
    accomplish those objectives; but only upon the undertaking
    by the State to pay just compensation therefor as in this
    Act provided, and then only under the following
            a. The Governor, or the person or persons as the
        Governor may authorize so to do, may forthwith take
        possession of property for and on behalf of the State;
        provided, however, that the Governor or persons shall
        simultaneously with the taking, deliver to the owner
        or his or her agent, if the identity of the owner or
        agency is known or readily ascertainable, a signed
        statement in writing, that shall include the name and
        address of the owner, the date and place of the taking,
        description of the property sufficient to identify it,
        a statement of interest in the property that is being
        so taken, and, if possible, a statement in writing,
        signed by the owner, setting forth the sum that he or
        she is willing to accept as just compensation for the
        property or use. Whether or not the owner or agent is
        known or readily ascertainable, a true copy of the
        statement shall promptly be filed by the Governor or
        the person with the Director, who shall keep the
        docket of the statements. In cases where the sum that
        the owner is willing to accept as just compensation is
        less than $1,000, copies of the statements shall also
        be filed by the Director with, and shall be passed upon
        by an Emergency Management Claims Commission,
        consisting of 3 disinterested citizens who shall be
        appointed by the Governor, by and with the advice and
        consent of the Senate, within 20 days after the
        Governor's declaration of a disaster, and if the sum
        fixed by them as just compensation be less than $1,000
        and is accepted in writing by the owner, then the State
        Treasurer out of funds appropriated for these
        purposes, shall, upon certification thereof by the
        Emergency Management Claims Commission, cause the sum
        so certified forthwith to be paid to the owner. The
        Emergency Management Claims Commission is hereby given
        the power to issue appropriate subpoenas and to
        administer oaths to witnesses and shall keep
        appropriate minutes and other records of its actions
        upon and the disposition made of all claims.
            b. When the compensation to be paid for the taking
        or use of property or interest therein is not or cannot
        be determined and paid under item a of this paragraph
        (4), a petition in the name of The People of the State
        of Illinois shall be promptly filed by the Director,
        which filing may be enforced by mandamus, in the
        circuit court of the county where the property or any
        part thereof was located when initially taken or used
        under the provisions of this Act praying that the
        amount of compensation to be paid to the person or
        persons interested therein be fixed and determined.
        The petition shall include a description of the
        property that has been taken, shall state the physical
        condition of the property when taken, shall name as
        defendants all interested parties, shall set forth the
        sum of money estimated to be just compensation for the
        property or interest therein taken or used, and shall
        be signed by the Director. The litigation shall be
        handled by the Attorney General for and on behalf of
        the State.
            c. Just compensation for the taking or use of
        property or interest therein shall be promptly
        ascertained in proceedings and established by judgment
        against the State, that shall include, as part of the
        just compensation so awarded, interest at the rate of
        6% per annum on the fair market value of the property
        or interest therein from the date of the taking or use
        to the date of the judgment; and the court may order
        the payment of delinquent taxes and special
        assessments out of the amount so awarded as just
        compensation and may make any other orders with
        respect to encumbrances, rents, insurance, and other
        charges, if any, as shall be just and equitable.
        (5) When required by the exigencies of the disaster,
    to sell, lend, rent, give, or distribute all or any part of
    property so or otherwise acquired to the inhabitants of
    this State, or to political subdivisions of this State,
    or, under the interstate mutual aid agreements or compacts
    as are entered into under the provisions of subparagraph
    (5) of paragraph (c) of Section 6 to other states, and to
    account for and transmit to the State Treasurer all funds,
    if any, received therefor.
        (6) To recommend the evacuation of all or part of the
    population from any stricken or threatened area within the
    State if the Governor deems this action necessary.
        (7) To prescribe routes, modes of transportation, and
    destinations in connection with evacuation.
        (8) To control ingress and egress to and from a
    disaster area, the movement of persons within the area,
    and the occupancy of premises therein.
        (9) To suspend or limit the sale, dispensing, or
    transportation of alcoholic beverages, firearms,
    explosives, and combustibles.
        (10) To make provision for the availability and use of
    temporary emergency housing.
        (11) A proclamation of a disaster shall activate the
    State Emergency Operations Plan, and political subdivision
    emergency operations plans applicable to the political
    subdivision or area in question and be authority for the
    deployment and use of any forces that the plan or plans
    apply and for use or distribution of any supplies,
    equipment, and materials and facilities assembled,
    stockpiled or arranged to be made available under this Act
    or any other provision of law relating to disasters.
        (12) Control, restrict, and regulate by rationing,
    freezing, use of quotas, prohibitions on shipments, price
    fixing, allocation or other means, the use, sale or
    distribution of food, feed, fuel, clothing and other
    commodities, materials, goods, or services; and perform
    and exercise any other functions, powers, and duties as
    may be necessary to promote and secure the safety and
    protection of the civilian population.
        (13) During the continuance of any disaster the
    Governor is commander-in-chief of the organized and
    unorganized militia and of all other forces available for
    emergency duty. To the greatest extent practicable, the
    Governor shall delegate or assign command authority to the
    Director to manage, coordinate, and direct all resources
    do so by orders issued at the time of the disaster.
        (14) Prohibit increases in the prices of goods and
    services during a disaster.
(Source: P.A. 100-863, eff. 8-14-18.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2021