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
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
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.
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A BILL FOR
HB1574LRB103 26010 CPF 52364 b HB1574 LRB103 26010 CPF 52364 b
HB1574 LRB103 26010 CPF 52364 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Emergency Management Agency Act is
5 amended 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
8 disaster, as defined in Section 4, the Governor may, by
9 proclamation declare that a disaster exists. In any 12-month
10 period, the Governor shall have the authority to issue only
11 one proclamation per disaster, except that any further
12 proclamation for the disaster that triggered the original
13 proclamation shall be in force only after a two-thirds vote of
14 each chamber of the General Assembly approves a joint
15 resolution containing the exact language of the proclamation
16 and which the Governor must follow. The Governor shall have no
17 authority to amend or change the language of the proclamation
18 as approved by joint resolution. Upon a valid such
19 proclamation, the Governor shall have and may exercise for a
20 period not to exceed 30 days the following emergency powers;
21 provided, however, that the lapse of the emergency powers
22 shall not, as regards any act or acts occurring or committed
23 within the 30-day period, deprive any person, firm,
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
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.
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A BILL FOR
20 ILCS 3305/7 from Ch. 127, par. 1057
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1 corporation, political subdivision, or body politic of any
2 right or rights to compensation or reimbursement which he,
3 she, it, or they may have under the provisions of this Act:
4 (1) To suspend the provisions of any regulatory
5 statute prescribing procedures for conduct of State
6 business, or the orders, rules and regulations of any
7 State agency, if strict compliance with the provisions of
8 any statute, order, rule, or regulation would in any way
9 prevent, hinder or delay necessary action, including
10 emergency purchases, by the Illinois Emergency Management
11 Agency, in coping with the disaster.
12 (2) To utilize all available resources of the State
13 government as reasonably necessary to cope with the
14 disaster and of each political subdivision of the State.
15 (3) To transfer the direction, personnel or functions
16 of State departments and agencies or units thereof for the
17 purpose of performing or facilitating disaster response
18 and recovery programs.
19 (4) On behalf of this State to take possession of, and
20 to acquire full title or a lesser specified interest in,
21 any personal property as may be necessary to accomplish
22 the objectives set forth in Section 2 of this Act,
23 including: airplanes, automobiles, trucks, trailers,
24 buses, and other vehicles; coal, oils, gasoline, and other
25 fuels and means of propulsion; explosives, materials,
26 equipment, and supplies; animals and livestock; feed and
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1 seed; food and provisions for humans and animals; clothing
2 and bedding; and medicines and medical and surgical
3 supplies; and to take possession of and for a limited
4 period occupy and use any real estate necessary to
5 accomplish those objectives; but only upon the undertaking
6 by the State to pay just compensation therefor as in this
7 Act provided, and then only under the following
8 provisions:
9 a. The Governor, or the person or persons as the
10 Governor may authorize so to do, may forthwith take
11 possession of property for and on behalf of the State;
12 provided, however, that the Governor or persons shall
13 simultaneously with the taking, deliver to the owner
14 or his or her agent, if the identity of the owner or
15 agency is known or readily ascertainable, a signed
16 statement in writing, that shall include the name and
17 address of the owner, the date and place of the taking,
18 description of the property sufficient to identify it,
19 a statement of interest in the property that is being
20 so taken, and, if possible, a statement in writing,
21 signed by the owner, setting forth the sum that he or
22 she is willing to accept as just compensation for the
23 property or use. Whether or not the owner or agent is
24 known or readily ascertainable, a true copy of the
25 statement shall promptly be filed by the Governor or
26 the person with the Director, who shall keep the
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1 docket of the statements. In cases where the sum that
2 the owner is willing to accept as just compensation is
3 less than $1,000, copies of the statements shall also
4 be filed by the Director with, and shall be passed upon
5 by an Emergency Management Claims Commission,
6 consisting of 3 disinterested citizens who shall be
7 appointed by the Governor, by and with the advice and
8 consent of the Senate, within 20 days after the
9 Governor's declaration of a disaster, and if the sum
10 fixed by them as just compensation be less than $1,000
11 and is accepted in writing by the owner, then the State
12 Treasurer out of funds appropriated for these
13 purposes, shall, upon certification thereof by the
14 Emergency Management Claims Commission, cause the sum
15 so certified forthwith to be paid to the owner. The
16 Emergency Management Claims Commission is hereby given
17 the power to issue appropriate subpoenas and to
18 administer oaths to witnesses and shall keep
19 appropriate minutes and other records of its actions
20 upon and the disposition made of all claims.
21 b. When the compensation to be paid for the taking
22 or use of property or interest therein is not or cannot
23 be determined and paid under item a of this paragraph
24 (4), a petition in the name of The People of the State
25 of Illinois shall be promptly filed by the Director,
26 which filing may be enforced by mandamus, in the
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1 circuit court of the county where the property or any
2 part thereof was located when initially taken or used
3 under the provisions of this Act praying that the
4 amount of compensation to be paid to the person or
5 persons interested therein be fixed and determined.
6 The petition shall include a description of the
7 property that has been taken, shall state the physical
8 condition of the property when taken, shall name as
9 defendants all interested parties, shall set forth the
10 sum of money estimated to be just compensation for the
11 property or interest therein taken or used, and shall
12 be signed by the Director. The litigation shall be
13 handled by the Attorney General for and on behalf of
14 the State.
15 c. Just compensation for the taking or use of
16 property or interest therein shall be promptly
17 ascertained in proceedings and established by judgment
18 against the State, that shall include, as part of the
19 just compensation so awarded, interest at the rate of
20 6% per annum on the fair market value of the property
21 or interest therein from the date of the taking or use
22 to the date of the judgment; and the court may order
23 the payment of delinquent taxes and special
24 assessments out of the amount so awarded as just
25 compensation and may make any other orders with
26 respect to encumbrances, rents, insurance, and other
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1 charges, if any, as shall be just and equitable.
2 (5) When required by the exigencies of the disaster,
3 to sell, lend, rent, give, or distribute all or any part of
4 property so or otherwise acquired to the inhabitants of
5 this State, or to political subdivisions of this State,
6 or, under the interstate mutual aid agreements or compacts
7 as are entered into under the provisions of subparagraph
8 (5) of paragraph (c) of Section 6 to other states, and to
9 account for and transmit to the State Treasurer all funds,
10 if any, received therefor.
11 (6) To recommend the evacuation of all or part of the
12 population from any stricken or threatened area within the
13 State if the Governor deems this action necessary.
14 (7) To prescribe routes, modes of transportation, and
15 destinations in connection with evacuation.
16 (8) To control ingress and egress to and from a
17 disaster area, the movement of persons within the area,
18 and the occupancy of premises therein.
19 (9) To suspend or limit the sale, dispensing, or
20 transportation of alcoholic beverages, firearms,
21 explosives, and combustibles.
22 (10) To make provision for the availability and use of
23 temporary emergency housing.
24 (11) A proclamation of a disaster shall activate the
25 State Emergency Operations Plan, and political subdivision
26 emergency operations plans applicable to the political
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1 subdivision or area in question and be authority for the
2 deployment and use of any forces that the plan or plans
3 apply and for use or distribution of any supplies,
4 equipment, and materials and facilities assembled,
5 stockpiled or arranged to be made available under this Act
6 or any other provision of law relating to disasters.
7 (12) Control, restrict, and regulate by rationing,
8 freezing, use of quotas, prohibitions on shipments, price
9 fixing, allocation or other means, the use, sale or
10 distribution of food, feed, fuel, clothing and other
11 commodities, materials, goods, or services; and perform
12 and exercise any other functions, powers, and duties as
13 may be necessary to promote and secure the safety and
14 protection of the civilian population.
15 (13) During the continuance of any disaster the
16 Governor is commander-in-chief of the organized and
17 unorganized militia and of all other forces available for
18 emergency duty. To the greatest extent practicable, the
19 Governor shall delegate or assign authority to the
20 Director to manage, coordinate, and direct all resources
21 by orders issued at the time of the disaster.
22 (14) Prohibit increases in the prices of goods and
23 services during a disaster.
24 (Source: P.A. 102-485, eff. 8-20-21.)
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