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
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
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
LRB104 03215 BDA 13236 b
A BILL FOR
HB1463LRB104 03215 BDA 13236 b HB1463 LRB104 03215 BDA 13236 b
HB1463 LRB104 03215 BDA 13236 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. Upon such
10 proclamation, the Governor shall have and may exercise for a
11 period not to exceed 30 days the following emergency powers;
12 provided, however, that the lapse of the emergency powers
13 shall not, as regards any act or acts occurring or committed
14 within the 30-day period, deprive any person, firm,
15 corporation, political subdivision, or body politic of any
16 right or rights to compensation or reimbursement which he,
17 she, it, or they may have under the provisions of this Act:
18 (1) To suspend the provisions of any regulatory
19 statute prescribing procedures for conduct of State
20 business, or the orders, rules and regulations of any
21 State agency, if strict compliance with the provisions of
22 any statute, order, rule, or regulation would in any way
23 prevent, hinder or delay necessary action, including
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
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
LRB104 03215 BDA 13236 b
A BILL FOR
20 ILCS 3305/7 from Ch. 127, par. 1057
LRB104 03215 BDA 13236 b
HB1463 LRB104 03215 BDA 13236 b
HB1463- 2 -LRB104 03215 BDA 13236 b HB1463 - 2 - LRB104 03215 BDA 13236 b
HB1463 - 2 - LRB104 03215 BDA 13236 b
1 emergency purchases, by the Illinois Emergency Management
2 Agency, in coping with the disaster.
3 (2) To utilize all available resources of the State
4 government as reasonably necessary to cope with the
5 disaster and of each political subdivision of the State.
6 (3) To transfer the direction, personnel or functions
7 of State departments and agencies or units thereof for the
8 purpose of performing or facilitating disaster response
9 and recovery programs.
10 (4) On behalf of this State to take possession of, and
11 to acquire full title or a lesser specified interest in,
12 any personal property as may be necessary to accomplish
13 the objectives set forth in Section 2 of this Act,
14 including: airplanes, automobiles, trucks, trailers,
15 buses, and other vehicles; coal, oils, gasoline, and other
16 fuels and means of propulsion; explosives, materials,
17 equipment, and supplies; animals and livestock; feed and
18 seed; food and provisions for humans and animals; clothing
19 and bedding; and medicines and medical and surgical
20 supplies; and to take possession of and for a limited
21 period occupy and use any real estate necessary to
22 accomplish those objectives; but only upon the undertaking
23 by the State to pay just compensation therefor as in this
24 Act provided, and then only under the following
25 provisions:
26 a. The Governor, or the person or persons as the
HB1463 - 2 - LRB104 03215 BDA 13236 b
HB1463- 3 -LRB104 03215 BDA 13236 b HB1463 - 3 - LRB104 03215 BDA 13236 b
HB1463 - 3 - LRB104 03215 BDA 13236 b
1 Governor may authorize so to do, may forthwith take
2 possession of property for and on behalf of the State;
3 provided, however, that the Governor or persons shall
4 simultaneously with the taking, deliver to the owner
5 or his or her agent, if the identity of the owner or
6 agency is known or readily ascertainable, a signed
7 statement in writing, that shall include the name and
8 address of the owner, the date and place of the taking,
9 description of the property sufficient to identify it,
10 a statement of interest in the property that is being
11 so taken, and, if possible, a statement in writing,
12 signed by the owner, setting forth the sum that he or
13 she is willing to accept as just compensation for the
14 property or use. Whether or not the owner or agent is
15 known or readily ascertainable, a true copy of the
16 statement shall promptly be filed by the Governor or
17 the person with the Director, who shall keep the
18 docket of the statements. In cases where the sum that
19 the owner is willing to accept as just compensation is
20 less than $25,000 $1,000, copies of the statements
21 shall also be filed by the Director with, and shall be
22 passed upon by an Emergency Management Claims
23 Commission, consisting of 3 disinterested citizens who
24 shall be appointed by the Governor, by and with the
25 advice and consent of the Senate, within 20 days after
26 the Governor's declaration of a disaster, and if the
HB1463 - 3 - LRB104 03215 BDA 13236 b
HB1463- 4 -LRB104 03215 BDA 13236 b HB1463 - 4 - LRB104 03215 BDA 13236 b
HB1463 - 4 - LRB104 03215 BDA 13236 b
1 sum fixed by them as just compensation be less than
2 $25,000 $1,000 and is accepted in writing by the
3 owner, then the State Treasurer out of funds
4 appropriated for these purposes, shall, upon
5 certification thereof by the Emergency Management
6 Claims Commission, cause the sum so certified
7 forthwith to be paid to the owner. The Emergency
8 Management Claims Commission is hereby given the power
9 to issue appropriate subpoenas and to administer oaths
10 to witnesses and shall keep appropriate minutes and
11 other records of its actions upon and the disposition
12 made of all claims.
13 b. When the compensation to be paid for the taking
14 or use of property or interest therein is not or cannot
15 be determined and paid under item a of this paragraph
16 (4), a petition in the name of The People of the State
17 of Illinois shall be promptly filed by the Director,
18 which filing may be enforced by mandamus, in the
19 circuit court of the county where the property or any
20 part thereof was located when initially taken or used
21 under the provisions of this Act praying that the
22 amount of compensation to be paid to the person or
23 persons interested therein be fixed and determined.
24 The petition shall include a description of the
25 property that has been taken, shall state the physical
26 condition of the property when taken, shall name as
HB1463 - 4 - LRB104 03215 BDA 13236 b
HB1463- 5 -LRB104 03215 BDA 13236 b HB1463 - 5 - LRB104 03215 BDA 13236 b
HB1463 - 5 - LRB104 03215 BDA 13236 b
1 defendants all interested parties, shall set forth the
2 sum of money estimated to be just compensation for the
3 property or interest therein taken or used, and shall
4 be signed by the Director. The litigation shall be
5 handled by the Attorney General for and on behalf of
6 the State.
7 c. Just compensation for the taking or use of
8 property or interest therein shall be promptly
9 ascertained in proceedings and established by judgment
10 against the State, that shall include, as part of the
11 just compensation so awarded, interest at the rate of
12 6% per annum on the fair market value of the property
13 or interest therein from the date of the taking or use
14 to the date of the judgment; and the court may order
15 the payment of delinquent taxes and special
16 assessments out of the amount so awarded as just
17 compensation and may make any other orders with
18 respect to encumbrances, rents, insurance, and other
19 charges, if any, as shall be just and equitable.
20 (5) When required by the exigencies of the disaster,
21 to sell, lend, rent, give, or distribute all or any part of
22 property so or otherwise acquired to the inhabitants of
23 this State, or to political subdivisions of this State,
24 or, under the interstate mutual aid agreements or compacts
25 as are entered into under the provisions of subparagraph
26 (5) of paragraph (c) of Section 6 to other states, and to
HB1463 - 5 - LRB104 03215 BDA 13236 b
HB1463- 6 -LRB104 03215 BDA 13236 b HB1463 - 6 - LRB104 03215 BDA 13236 b
HB1463 - 6 - LRB104 03215 BDA 13236 b
1 account for and transmit to the State Treasurer all funds,
2 if any, received therefor.
3 (6) To recommend the evacuation of all or part of the
4 population from any stricken or threatened area within the
5 State if the Governor deems this action necessary.
6 (7) To prescribe routes, modes of transportation, and
7 destinations in connection with evacuation.
8 (8) To control ingress and egress to and from a
9 disaster area, the movement of persons within the area,
10 and the occupancy of premises therein.
11 (9) To suspend or limit the sale, dispensing, or
12 transportation of alcoholic beverages, firearms,
13 explosives, and combustibles.
14 (10) To make provision for the availability and use of
15 temporary emergency housing.
16 (11) A proclamation of a disaster shall activate the
17 State Emergency Operations Plan, and political subdivision
18 emergency operations plans applicable to the political
19 subdivision or area in question and be authority for the
20 deployment and use of any forces that the plan or plans
21 apply and for use or distribution of any supplies,
22 equipment, and materials and facilities assembled,
23 stockpiled or arranged to be made available under this Act
24 or any other provision of law relating to disasters.
25 (12) Control, restrict, and regulate by rationing,
26 freezing, use of quotas, prohibitions on shipments, price
HB1463 - 6 - LRB104 03215 BDA 13236 b
HB1463- 7 -LRB104 03215 BDA 13236 b HB1463 - 7 - LRB104 03215 BDA 13236 b
HB1463 - 7 - LRB104 03215 BDA 13236 b
1 fixing, allocation or other means, the use, sale or
2 distribution of food, feed, fuel, clothing and other
3 commodities, materials, goods, or services; and perform
4 and exercise any other functions, powers, and duties as
5 may be necessary to promote and secure the safety and
6 protection of the civilian population.
7 (13) During the continuance of any disaster the
8 Governor is commander-in-chief of the organized and
9 unorganized militia and of all other forces available for
10 emergency duty. To the greatest extent practicable, the
11 Governor shall delegate or assign authority to the
12 Director to manage, coordinate, and direct all resources
13 by orders issued at the time of the disaster.
14 (14) Prohibit increases in the prices of goods and
15 services during a disaster.
16 (15) After a proclamation is issued under this Section
17 declaring that a disaster exists, the Governor may extend
18 that declaration or make additional proclamations
19 regarding the same disaster. However, any such extension
20 or additional proclamation shall be void and have no legal
21 effect unless within 5 days of the extension or additional
22 proclamation:
23 (A) the Governor has received written approval for
24 the extension or additional proclamation from 3 of the
25 following:
26 (i) the Speaker of the House of
HB1463 - 7 - LRB104 03215 BDA 13236 b
HB1463- 8 -LRB104 03215 BDA 13236 b HB1463 - 8 - LRB104 03215 BDA 13236 b
HB1463 - 8 - LRB104 03215 BDA 13236 b
1 Representatives;
2 (ii) the Minority Leader of the House of
3 Representatives;
4 (iii) the President of the Senate; and
5 (iv) the Minority Leader of the Senate; or
6 (B) the General Assembly adopts a joint resolution
7 approving the extension or additional proclamation.
8 (16) A proclamation declaring a disaster issued under
9 this Section shall be void and have no legal effect if at
10 any time the General Assembly adopts a joint resolution
11 declaring the proclamation to be void and having no legal
12 effect. The General Assembly may by joint resolution
13 declare that any proclamation regarding the same disaster
14 is void and has no legal effect. In the event of such a
15 resolution, any proclamation declaring a disaster issued
16 under this Section regarding that same disaster shall be
17 void and have no legal effect.
18 (17) After a disaster proclamation is issued under
19 this Section, a member of the General Assembly may at any
20 time file a request with the Clerk of the House of
21 Representatives and the Secretary of the Senate for a
22 session to consider the proclamation if the request is
23 signed by no fewer than 20 members of the General
24 Assembly. Upon such a filing, the House of Representatives
25 and Senate shall convene within 5 calendar days and vote
26 on a resolution declaring the proclamation void.
HB1463 - 8 - LRB104 03215 BDA 13236 b
HB1463- 9 -LRB104 03215 BDA 13236 b HB1463 - 9 - LRB104 03215 BDA 13236 b
HB1463 - 9 - LRB104 03215 BDA 13236 b
HB1463 - 9 - LRB104 03215 BDA 13236 b