Illinois 2025-2026 Regular Session

Illinois House Bill HB1463 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1463 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 20 ILCS 3305/7 from Ch. 127, par. 1057 Amends the Illinois Emergency Management Agency Act. Provides that procedural requirements regarding the Governor taking possession of property for and on behalf of the State must take place in cases where the sum that the owner is willing to accept as just compensation is less than $25,000 (currently, $1,000). Provides that if the Governor issues a proclamation declaring a disaster, the Governor may extend the proclamation or make an additional proclamation regarding the same disaster, but the extension or additional proclamation shall be void and have no legal effect unless within 5 days of the extension or additional proclamation (i) he or she receives written approval to extend the proclamation or make an additional proclamation from 3 legislative leaders or (ii) the General Assembly adopts a joint resolution approving the extension or additional proclamation. Provides that a disaster proclamation issued, or a disaster proclamation regarding the same disaster, shall be void and have no legal effect if at any time the General Assembly adopts a joint resolution declaring the proclamation to be void. Provides that after a disaster proclamation is issued a member of the General Assembly may at any time file a request with the Clerk of the House of Representatives and the Secretary of the Senate for a session to consider the proclamation if the request is signed by no fewer than 20 members of the General Assembly. Provides that upon such a filing, the House of Representatives and Senate shall convene within 5 calendar days and vote on a resolution declaring the proclamation void. LRB104 03215 BDA 13236 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1463 Introduced , by Rep. Dan Ugaste 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 procedural requirements regarding the Governor taking possession of property for and on behalf of the State must take place in cases where the sum that the owner is willing to accept as just compensation is less than $25,000 (currently, $1,000). Provides that if the Governor issues a proclamation declaring a disaster, the Governor may extend the proclamation or make an additional proclamation regarding the same disaster, but the extension or additional proclamation shall be void and have no legal effect unless within 5 days of the extension or additional proclamation (i) he or she receives written approval to extend the proclamation or make an additional proclamation from 3 legislative leaders or (ii) the General Assembly adopts a joint resolution approving the extension or additional proclamation. Provides that a disaster proclamation issued, or a disaster proclamation regarding the same disaster, shall be void and have no legal effect if at any time the General Assembly adopts a joint resolution declaring the proclamation to be void. Provides that after a disaster proclamation is issued a member of the General Assembly may at any time file a request with the Clerk of the House of Representatives and the Secretary of the Senate for a session to consider the proclamation if the request is signed by no fewer than 20 members of the General Assembly. Provides that upon such a filing, the House of Representatives and Senate shall convene within 5 calendar days and vote on a resolution declaring the proclamation void. LRB104 03215 BDA 13236 b LRB104 03215 BDA 13236 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1463 Introduced , by Rep. Dan Ugaste 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 procedural requirements regarding the Governor taking possession of property for and on behalf of the State must take place in cases where the sum that the owner is willing to accept as just compensation is less than $25,000 (currently, $1,000). Provides that if the Governor issues a proclamation declaring a disaster, the Governor may extend the proclamation or make an additional proclamation regarding the same disaster, but the extension or additional proclamation shall be void and have no legal effect unless within 5 days of the extension or additional proclamation (i) he or she receives written approval to extend the proclamation or make an additional proclamation from 3 legislative leaders or (ii) the General Assembly adopts a joint resolution approving the extension or additional proclamation. Provides that a disaster proclamation issued, or a disaster proclamation regarding the same disaster, shall be void and have no legal effect if at any time the General Assembly adopts a joint resolution declaring the proclamation to be void. Provides that after a disaster proclamation is issued a member of the General Assembly may at any time file a request with the Clerk of the House of Representatives and the Secretary of the Senate for a session to consider the proclamation if the request is signed by no fewer than 20 members of the General Assembly. Provides that upon such a filing, the House of Representatives and Senate shall convene within 5 calendar days and vote on a resolution declaring the proclamation void.
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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. Upon such
20	20	10 proclamation, the Governor shall have and may exercise for a
21	21	11 period not to exceed 30 days the following emergency powers;
22	22	12 provided, however, that the lapse of the emergency powers
23	23	13 shall not, as regards any act or acts occurring or committed
24	24	14 within the 30-day period, deprive any person, firm,
25	25	15 corporation, political subdivision, or body politic of any
26	26	16 right or rights to compensation or reimbursement which he,
27	27	17 she, it, or they may have under the provisions of this Act:
28	28	18 (1) To suspend the provisions of any regulatory
29	29	19 statute prescribing procedures for conduct of State
30	30	20 business, or the orders, rules and regulations of any
31	31	21 State agency, if strict compliance with the provisions of
32	32	22 any statute, order, rule, or regulation would in any way
33	33	23 prevent, hinder or delay necessary action, including
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1463 Introduced , by Rep. Dan Ugaste 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 procedural requirements regarding the Governor taking possession of property for and on behalf of the State must take place in cases where the sum that the owner is willing to accept as just compensation is less than $25,000 (currently, $1,000). Provides that if the Governor issues a proclamation declaring a disaster, the Governor may extend the proclamation or make an additional proclamation regarding the same disaster, but the extension or additional proclamation shall be void and have no legal effect unless within 5 days of the extension or additional proclamation (i) he or she receives written approval to extend the proclamation or make an additional proclamation from 3 legislative leaders or (ii) the General Assembly adopts a joint resolution approving the extension or additional proclamation. Provides that a disaster proclamation issued, or a disaster proclamation regarding the same disaster, shall be void and have no legal effect if at any time the General Assembly adopts a joint resolution declaring the proclamation to be void. Provides that after a disaster proclamation is issued a member of the General Assembly may at any time file a request with the Clerk of the House of Representatives and the Secretary of the Senate for a session to consider the proclamation if the request is signed by no fewer than 20 members of the General Assembly. Provides that upon such a filing, the House of Representatives and Senate shall convene within 5 calendar days and vote on a resolution declaring the proclamation void.
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43	43	A BILL FOR
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68	68	1 emergency purchases, by the Illinois Emergency Management
69	69	2 Agency, in coping with the disaster.
70	70	3 (2) To utilize all available resources of the State
71	71	4 government as reasonably necessary to cope with the
72	72	5 disaster and of each political subdivision of the State.
73	73	6 (3) To transfer the direction, personnel or functions
74	74	7 of State departments and agencies or units thereof for the
75	75	8 purpose of performing or facilitating disaster response
76	76	9 and recovery programs.
77	77	10 (4) On behalf of this State to take possession of, and
78	78	11 to acquire full title or a lesser specified interest in,
79	79	12 any personal property as may be necessary to accomplish
80	80	13 the objectives set forth in Section 2 of this Act,
81	81	14 including: airplanes, automobiles, trucks, trailers,
82	82	15 buses, and other vehicles; coal, oils, gasoline, and other
83	83	16 fuels and means of propulsion; explosives, materials,
84	84	17 equipment, and supplies; animals and livestock; feed and
85	85	18 seed; food and provisions for humans and animals; clothing
86	86	19 and bedding; and medicines and medical and surgical
87	87	20 supplies; and to take possession of and for a limited
88	88	21 period occupy and use any real estate necessary to
89	89	22 accomplish those objectives; but only upon the undertaking
90	90	23 by the State to pay just compensation therefor as in this
91	91	24 Act provided, and then only under the following
92	92	25 provisions:
93	93	26 a. The Governor, or the person or persons as the
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104	104	1 Governor may authorize so to do, may forthwith take
105	105	2 possession of property for and on behalf of the State;
106	106	3 provided, however, that the Governor or persons shall
107	107	4 simultaneously with the taking, deliver to the owner
108	108	5 or his or her agent, if the identity of the owner or
109	109	6 agency is known or readily ascertainable, a signed
110	110	7 statement in writing, that shall include the name and
111	111	8 address of the owner, the date and place of the taking,
112	112	9 description of the property sufficient to identify it,
113	113	10 a statement of interest in the property that is being
114	114	11 so taken, and, if possible, a statement in writing,
115	115	12 signed by the owner, setting forth the sum that he or
116	116	13 she is willing to accept as just compensation for the
117	117	14 property or use. Whether or not the owner or agent is
118	118	15 known or readily ascertainable, a true copy of the
119	119	16 statement shall promptly be filed by the Governor or
120	120	17 the person with the Director, who shall keep the
121	121	18 docket of the statements. In cases where the sum that
122	122	19 the owner is willing to accept as just compensation is
123	123	20 less than $25,000 $1,000, copies of the statements
124	124	21 shall also be filed by the Director with, and shall be
125	125	22 passed upon by an Emergency Management Claims
126	126	23 Commission, consisting of 3 disinterested citizens who
127	127	24 shall be appointed by the Governor, by and with the
128	128	25 advice and consent of the Senate, within 20 days after
129	129	26 the Governor's declaration of a disaster, and if the
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140	140	1 sum fixed by them as just compensation be less than
141	141	2 $25,000 $1,000 and is accepted in writing by the
142	142	3 owner, then the State Treasurer out of funds
143	143	4 appropriated for these purposes, shall, upon
144	144	5 certification thereof by the Emergency Management
145	145	6 Claims Commission, cause the sum so certified
146	146	7 forthwith to be paid to the owner. The Emergency
147	147	8 Management Claims Commission is hereby given the power
148	148	9 to issue appropriate subpoenas and to administer oaths
149	149	10 to witnesses and shall keep appropriate minutes and
150	150	11 other records of its actions upon and the disposition
151	151	12 made of all claims.
152	152	13 b. When the compensation to be paid for the taking
153	153	14 or use of property or interest therein is not or cannot
154	154	15 be determined and paid under item a of this paragraph
155	155	16 (4), a petition in the name of The People of the State
156	156	17 of Illinois shall be promptly filed by the Director,
157	157	18 which filing may be enforced by mandamus, in the
158	158	19 circuit court of the county where the property or any
159	159	20 part thereof was located when initially taken or used
160	160	21 under the provisions of this Act praying that the
161	161	22 amount of compensation to be paid to the person or
162	162	23 persons interested therein be fixed and determined.
163	163	24 The petition shall include a description of the
164	164	25 property that has been taken, shall state the physical
165	165	26 condition of the property when taken, shall name as
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176	176	1 defendants all interested parties, shall set forth the
177	177	2 sum of money estimated to be just compensation for the
178	178	3 property or interest therein taken or used, and shall
179	179	4 be signed by the Director. The litigation shall be
180	180	5 handled by the Attorney General for and on behalf of
181	181	6 the State.
182	182	7 c. Just compensation for the taking or use of
183	183	8 property or interest therein shall be promptly
184	184	9 ascertained in proceedings and established by judgment
185	185	10 against the State, that shall include, as part of the
186	186	11 just compensation so awarded, interest at the rate of
187	187	12 6% per annum on the fair market value of the property
188	188	13 or interest therein from the date of the taking or use
189	189	14 to the date of the judgment; and the court may order
190	190	15 the payment of delinquent taxes and special
191	191	16 assessments out of the amount so awarded as just
192	192	17 compensation and may make any other orders with
193	193	18 respect to encumbrances, rents, insurance, and other
194	194	19 charges, if any, as shall be just and equitable.
195	195	20 (5) When required by the exigencies of the disaster,
196	196	21 to sell, lend, rent, give, or distribute all or any part of
197	197	22 property so or otherwise acquired to the inhabitants of
198	198	23 this State, or to political subdivisions of this State,
199	199	24 or, under the interstate mutual aid agreements or compacts
200	200	25 as are entered into under the provisions of subparagraph
201	201	26 (5) of paragraph (c) of Section 6 to other states, and to
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212	212	1 account for and transmit to the State Treasurer all funds,
213	213	2 if any, received therefor.
214	214	3 (6) To recommend the evacuation of all or part of the
215	215	4 population from any stricken or threatened area within the
216	216	5 State if the Governor deems this action necessary.
217	217	6 (7) To prescribe routes, modes of transportation, and
218	218	7 destinations in connection with evacuation.
219	219	8 (8) To control ingress and egress to and from a
220	220	9 disaster area, the movement of persons within the area,
221	221	10 and the occupancy of premises therein.
222	222	11 (9) To suspend or limit the sale, dispensing, or
223	223	12 transportation of alcoholic beverages, firearms,
224	224	13 explosives, and combustibles.
225	225	14 (10) To make provision for the availability and use of
226	226	15 temporary emergency housing.
227	227	16 (11) A proclamation of a disaster shall activate the
228	228	17 State Emergency Operations Plan, and political subdivision
229	229	18 emergency operations plans applicable to the political
230	230	19 subdivision or area in question and be authority for the
231	231	20 deployment and use of any forces that the plan or plans
232	232	21 apply and for use or distribution of any supplies,
233	233	22 equipment, and materials and facilities assembled,
234	234	23 stockpiled or arranged to be made available under this Act
235	235	24 or any other provision of law relating to disasters.
236	236	25 (12) Control, restrict, and regulate by rationing,
237	237	26 freezing, use of quotas, prohibitions on shipments, price
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248	248	1 fixing, allocation or other means, the use, sale or
249	249	2 distribution of food, feed, fuel, clothing and other
250	250	3 commodities, materials, goods, or services; and perform
251	251	4 and exercise any other functions, powers, and duties as
252	252	5 may be necessary to promote and secure the safety and
253	253	6 protection of the civilian population.
254	254	7 (13) During the continuance of any disaster the
255	255	8 Governor is commander-in-chief of the organized and
256	256	9 unorganized militia and of all other forces available for
257	257	10 emergency duty. To the greatest extent practicable, the
258	258	11 Governor shall delegate or assign authority to the
259	259	12 Director to manage, coordinate, and direct all resources
260	260	13 by orders issued at the time of the disaster.
261	261	14 (14) Prohibit increases in the prices of goods and
262	262	15 services during a disaster.
263	263	16 (15) After a proclamation is issued under this Section
264	264	17 declaring that a disaster exists, the Governor may extend
265	265	18 that declaration or make additional proclamations
266	266	19 regarding the same disaster. However, any such extension
267	267	20 or additional proclamation shall be void and have no legal
268	268	21 effect unless within 5 days of the extension or additional
269	269	22 proclamation:
270	270	23 (A) the Governor has received written approval for
271	271	24 the extension or additional proclamation from 3 of the
272	272	25 following:
273	273	26 (i) the Speaker of the House of
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284	284	1 Representatives;
285	285	2 (ii) the Minority Leader of the House of
286	286	3 Representatives;
287	287	4 (iii) the President of the Senate; and
288	288	5 (iv) the Minority Leader of the Senate; or
289	289	6 (B) the General Assembly adopts a joint resolution
290	290	7 approving the extension or additional proclamation.
291	291	8 (16) A proclamation declaring a disaster issued under
292	292	9 this Section shall be void and have no legal effect if at
293	293	10 any time the General Assembly adopts a joint resolution
294	294	11 declaring the proclamation to be void and having no legal
295	295	12 effect. The General Assembly may by joint resolution
296	296	13 declare that any proclamation regarding the same disaster
297	297	14 is void and has no legal effect. In the event of such a
298	298	15 resolution, any proclamation declaring a disaster issued
299	299	16 under this Section regarding that same disaster shall be
300	300	17 void and have no legal effect.
301	301	18 (17) After a disaster proclamation is issued under
302	302	19 this Section, a member of the General Assembly may at any
303	303	20 time file a request with the Clerk of the House of
304	304	21 Representatives and the Secretary of the Senate for a
305	305	22 session to consider the proclamation if the request is
306	306	23 signed by no fewer than 20 members of the General
307	307	24 Assembly. Upon such a filing, the House of Representatives
308	308	25 and Senate shall convene within 5 calendar days and vote
309	309	26 on a resolution declaring the proclamation void.
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