Illinois 2023-2024 Regular Session

Illinois House Bill HB1574 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1574 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: 20 ILCS 3305/7 from Ch. 127, par. 1057 Amends the Illinois Emergency Management Agency Act. Provides that, in any 12-month period, the Governor shall have the authority to issue only one proclamation per disaster and that any further proclamation for the disaster that triggered the original proclamation shall be in force only after a two-thirds vote of each chamber of the General Assembly approves a joint resolution containing the exact language of the proclamation. Specifies that the approved proclamation must be complied with by the Governor. Provides that the Governor shall have no authority to amend or change the language of the proclamation as approved by joint resolution. LRB103 26010 CPF 52364 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1574 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: 20 ILCS 3305/7 from Ch. 127, par. 1057 20 ILCS 3305/7 from Ch. 127, par. 1057 Amends the Illinois Emergency Management Agency Act. Provides that, in any 12-month period, the Governor shall have the authority to issue only one proclamation per disaster and that any further proclamation for the disaster that triggered the original proclamation shall be in force only after a two-thirds vote of each chamber of the General Assembly approves a joint resolution containing the exact language of the proclamation. Specifies that the approved proclamation must be complied with by the Governor. Provides that the Governor shall have no authority to amend or change the language of the proclamation as approved by joint resolution. LRB103 26010 CPF 52364 b LRB103 26010 CPF 52364 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1574 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 3305/7 from Ch. 127, par. 1057 20 ILCS 3305/7 from Ch. 127, par. 1057
4	4	20 ILCS 3305/7 from Ch. 127, par. 1057
5	5	Amends the Illinois Emergency Management Agency Act. Provides that, in any 12-month period, the Governor shall have the authority to issue only one proclamation per disaster and that any further proclamation for the disaster that triggered the original proclamation shall be in force only after a two-thirds vote of each chamber of the General Assembly approves a joint resolution containing the exact language of the proclamation. Specifies that the approved proclamation must be complied with by the Governor. Provides that the Governor shall have no authority to amend or change the language of the proclamation as approved by joint resolution.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning State government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Emergency Management Agency Act is
15	15	5 amended by changing Section 7 as follows:
16	16	6 (20 ILCS 3305/7) (from Ch. 127, par. 1057)
17	17	7 Sec. 7. Emergency Powers of the Governor. In the event of a
18	18	8 disaster, as defined in Section 4, the Governor may, by
19	19	9 proclamation declare that a disaster exists. In any 12-month
20	20	10 period, the Governor shall have the authority to issue only
21	21	11 one proclamation per disaster, except that any further
22	22	12 proclamation for the disaster that triggered the original
23	23	13 proclamation shall be in force only after a two-thirds vote of
24	24	14 each chamber of the General Assembly approves a joint
25	25	15 resolution containing the exact language of the proclamation
26	26	16 and which the Governor must follow. The Governor shall have no
27	27	17 authority to amend or change the language of the proclamation
28	28	18 as approved by joint resolution. Upon a valid such
29	29	19 proclamation, the Governor shall have and may exercise for a
30	30	20 period not to exceed 30 days the following emergency powers;
31	31	21 provided, however, that the lapse of the emergency powers
32	32	22 shall not, as regards any act or acts occurring or committed
33	33	23 within the 30-day period, deprive any person, firm,
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1574 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
38	38	20 ILCS 3305/7 from Ch. 127, par. 1057 20 ILCS 3305/7 from Ch. 127, par. 1057
39	39	20 ILCS 3305/7 from Ch. 127, par. 1057
40	40	Amends the Illinois Emergency Management Agency Act. Provides that, in any 12-month period, the Governor shall have the authority to issue only one proclamation per disaster and that any further proclamation for the disaster that triggered the original proclamation shall be in force only after a two-thirds vote of each chamber of the General Assembly approves a joint resolution containing the exact language of the proclamation. Specifies that the approved proclamation must be complied with by the Governor. Provides that the Governor shall have no authority to amend or change the language of the proclamation as approved by joint resolution.
41	41	LRB103 26010 CPF 52364 b LRB103 26010 CPF 52364 b
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43	43	A BILL FOR
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49	49	20 ILCS 3305/7 from Ch. 127, par. 1057
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68	68	1 corporation, political subdivision, or body politic of any
69	69	2 right or rights to compensation or reimbursement which he,
70	70	3 she, it, or they may have under the provisions of this Act:
71	71	4 (1) To suspend the provisions of any regulatory
72	72	5 statute prescribing procedures for conduct of State
73	73	6 business, or the orders, rules and regulations of any
74	74	7 State agency, if strict compliance with the provisions of
75	75	8 any statute, order, rule, or regulation would in any way
76	76	9 prevent, hinder or delay necessary action, including
77	77	10 emergency purchases, by the Illinois Emergency Management
78	78	11 Agency, in coping with the disaster.
79	79	12 (2) To utilize all available resources of the State
80	80	13 government as reasonably necessary to cope with the
81	81	14 disaster and of each political subdivision of the State.
82	82	15 (3) To transfer the direction, personnel or functions
83	83	16 of State departments and agencies or units thereof for the
84	84	17 purpose of performing or facilitating disaster response
85	85	18 and recovery programs.
86	86	19 (4) On behalf of this State to take possession of, and
87	87	20 to acquire full title or a lesser specified interest in,
88	88	21 any personal property as may be necessary to accomplish
89	89	22 the objectives set forth in Section 2 of this Act,
90	90	23 including: airplanes, automobiles, trucks, trailers,
91	91	24 buses, and other vehicles; coal, oils, gasoline, and other
92	92	25 fuels and means of propulsion; explosives, materials,
93	93	26 equipment, and supplies; animals and livestock; feed and
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104	104	1 seed; food and provisions for humans and animals; clothing
105	105	2 and bedding; and medicines and medical and surgical
106	106	3 supplies; and to take possession of and for a limited
107	107	4 period occupy and use any real estate necessary to
108	108	5 accomplish those objectives; but only upon the undertaking
109	109	6 by the State to pay just compensation therefor as in this
110	110	7 Act provided, and then only under the following
111	111	8 provisions:
112	112	9 a. The Governor, or the person or persons as the
113	113	10 Governor may authorize so to do, may forthwith take
114	114	11 possession of property for and on behalf of the State;
115	115	12 provided, however, that the Governor or persons shall
116	116	13 simultaneously with the taking, deliver to the owner
117	117	14 or his or her agent, if the identity of the owner or
118	118	15 agency is known or readily ascertainable, a signed
119	119	16 statement in writing, that shall include the name and
120	120	17 address of the owner, the date and place of the taking,
121	121	18 description of the property sufficient to identify it,
122	122	19 a statement of interest in the property that is being
123	123	20 so taken, and, if possible, a statement in writing,
124	124	21 signed by the owner, setting forth the sum that he or
125	125	22 she is willing to accept as just compensation for the
126	126	23 property or use. Whether or not the owner or agent is
127	127	24 known or readily ascertainable, a true copy of the
128	128	25 statement shall promptly be filed by the Governor or
129	129	26 the person with the Director, who shall keep the
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140	140	1 docket of the statements. In cases where the sum that
141	141	2 the owner is willing to accept as just compensation is
142	142	3 less than $1,000, copies of the statements shall also
143	143	4 be filed by the Director with, and shall be passed upon
144	144	5 by an Emergency Management Claims Commission,
145	145	6 consisting of 3 disinterested citizens who shall be
146	146	7 appointed by the Governor, by and with the advice and
147	147	8 consent of the Senate, within 20 days after the
148	148	9 Governor's declaration of a disaster, and if the sum
149	149	10 fixed by them as just compensation be less than $1,000
150	150	11 and is accepted in writing by the owner, then the State
151	151	12 Treasurer out of funds appropriated for these
152	152	13 purposes, shall, upon certification thereof by the
153	153	14 Emergency Management Claims Commission, cause the sum
154	154	15 so certified forthwith to be paid to the owner. The
155	155	16 Emergency Management Claims Commission is hereby given
156	156	17 the power to issue appropriate subpoenas and to
157	157	18 administer oaths to witnesses and shall keep
158	158	19 appropriate minutes and other records of its actions
159	159	20 upon and the disposition made of all claims.
160	160	21 b. When the compensation to be paid for the taking
161	161	22 or use of property or interest therein is not or cannot
162	162	23 be determined and paid under item a of this paragraph
163	163	24 (4), a petition in the name of The People of the State
164	164	25 of Illinois shall be promptly filed by the Director,
165	165	26 which filing may be enforced by mandamus, in the
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176	176	1 circuit court of the county where the property or any
177	177	2 part thereof was located when initially taken or used
178	178	3 under the provisions of this Act praying that the
179	179	4 amount of compensation to be paid to the person or
180	180	5 persons interested therein be fixed and determined.
181	181	6 The petition shall include a description of the
182	182	7 property that has been taken, shall state the physical
183	183	8 condition of the property when taken, shall name as
184	184	9 defendants all interested parties, shall set forth the
185	185	10 sum of money estimated to be just compensation for the
186	186	11 property or interest therein taken or used, and shall
187	187	12 be signed by the Director. The litigation shall be
188	188	13 handled by the Attorney General for and on behalf of
189	189	14 the State.
190	190	15 c. Just compensation for the taking or use of
191	191	16 property or interest therein shall be promptly
192	192	17 ascertained in proceedings and established by judgment
193	193	18 against the State, that shall include, as part of the
194	194	19 just compensation so awarded, interest at the rate of
195	195	20 6% per annum on the fair market value of the property
196	196	21 or interest therein from the date of the taking or use
197	197	22 to the date of the judgment; and the court may order
198	198	23 the payment of delinquent taxes and special
199	199	24 assessments out of the amount so awarded as just
200	200	25 compensation and may make any other orders with
201	201	26 respect to encumbrances, rents, insurance, and other
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212	212	1 charges, if any, as shall be just and equitable.
213	213	2 (5) When required by the exigencies of the disaster,
214	214	3 to sell, lend, rent, give, or distribute all or any part of
215	215	4 property so or otherwise acquired to the inhabitants of
216	216	5 this State, or to political subdivisions of this State,
217	217	6 or, under the interstate mutual aid agreements or compacts
218	218	7 as are entered into under the provisions of subparagraph
219	219	8 (5) of paragraph (c) of Section 6 to other states, and to
220	220	9 account for and transmit to the State Treasurer all funds,
221	221	10 if any, received therefor.
222	222	11 (6) To recommend the evacuation of all or part of the
223	223	12 population from any stricken or threatened area within the
224	224	13 State if the Governor deems this action necessary.
225	225	14 (7) To prescribe routes, modes of transportation, and
226	226	15 destinations in connection with evacuation.
227	227	16 (8) To control ingress and egress to and from a
228	228	17 disaster area, the movement of persons within the area,
229	229	18 and the occupancy of premises therein.
230	230	19 (9) To suspend or limit the sale, dispensing, or
231	231	20 transportation of alcoholic beverages, firearms,
232	232	21 explosives, and combustibles.
233	233	22 (10) To make provision for the availability and use of
234	234	23 temporary emergency housing.
235	235	24 (11) A proclamation of a disaster shall activate the
236	236	25 State Emergency Operations Plan, and political subdivision
237	237	26 emergency operations plans applicable to the political
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248	248	1 subdivision or area in question and be authority for the
249	249	2 deployment and use of any forces that the plan or plans
250	250	3 apply and for use or distribution of any supplies,
251	251	4 equipment, and materials and facilities assembled,
252	252	5 stockpiled or arranged to be made available under this Act
253	253	6 or any other provision of law relating to disasters.
254	254	7 (12) Control, restrict, and regulate by rationing,
255	255	8 freezing, use of quotas, prohibitions on shipments, price
256	256	9 fixing, allocation or other means, the use, sale or
257	257	10 distribution of food, feed, fuel, clothing and other
258	258	11 commodities, materials, goods, or services; and perform
259	259	12 and exercise any other functions, powers, and duties as
260	260	13 may be necessary to promote and secure the safety and
261	261	14 protection of the civilian population.
262	262	15 (13) During the continuance of any disaster the
263	263	16 Governor is commander-in-chief of the organized and
264	264	17 unorganized militia and of all other forces available for
265	265	18 emergency duty. To the greatest extent practicable, the
266	266	19 Governor shall delegate or assign authority to the
267	267	20 Director to manage, coordinate, and direct all resources
268	268	21 by orders issued at the time of the disaster.
269	269	22 (14) Prohibit increases in the prices of goods and
270	270	23 services during a disaster.
271	271	24 (Source: P.A. 102-485, eff. 8-20-21.)
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