Sen. David Koehler
Filed: 4/20/2018
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 2232




2    AMENDMENT NO. ______. Amend Senate Bill 2232 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Illinois Emergency Management Agency Act is 
5amended  by changing Section 7 as follows:
 



6    (20 ILCS 3305/7)  (from Ch. 127, par. 1057)



7    Sec. 7. Emergency Powers of the Governor. (a) In the event

8of a disaster, as defined in Section 4, the Governor may, by 
9proclamation
declare that a disaster exists.  Upon such 
10proclamation,
the Governor shall have and may exercise for a 
11period not to exceed 30
days the following emergency powers; 
12provided, however, that the lapse of
the emergency powers shall 
13not, as regards any act or acts occurring or
committed within 
14the 30-day 30 days period, deprive any person, firm, 
15corporation,
political subdivision, or body politic of any 
16right or rights
to compensation or reimbursement which he, she, 
 
 
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1it, or they may have under the
provisions of this Act:


2        (1) To suspend the provisions of any regulatory statute 
3    prescribing
procedures for conduct of State business, or 
4    the orders, rules and regulations
of any State agency and 
5    managed care contracts, if strict compliance with the 
6    provisions of any statute,
order, rule, managed care 
7    contract, or regulation would in any way prevent, hinder or 
8    delay necessary
action, including emergency purchases, by 
9    the Illinois Emergency Management
Agency, in coping with 
10    the disaster.


11        (2) To utilize all available resources of the State 
12    government as
reasonably necessary to cope with the 
13    disaster and of each political
subdivision of the State.


14        (3) To transfer the direction, personnel or functions 
15    of State
departments and agencies or units thereof for the 
16    purpose of performing or
facilitating disaster response 
17    and recovery programs.


18        (4) On behalf of this State to take possession of, and 
19    to acquire
full title or a lesser specified interest in, 
20    any personal property as may be
necessary to accomplish the 
21    objectives set forth in Section 2 of this Act,
including: 
22    airplanes, automobiles, trucks, trailers, buses, and other 
23    vehicles;
coal, oils, gasoline, and other fuels and means 
24    of propulsion; explosives,
materials, equipment, and 
25    supplies; animals and livestock; feed and seed; food and 
26    provisions
for humans and animals; clothing and bedding; 
 
 
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1    and
medicines and medical and surgical
supplies; and to 
2    take possession of and for a limited period occupy and use 
3    any
real estate necessary to accomplish those objectives; 
4    but only upon the
undertaking by the State to pay just 
5    compensation therefor as in this Act
provided, and then 
6    only under the following provisions:


7            a. The Governor, or the person or persons as the 
8        Governor may
authorize so to do, may forthwith take 
9        possession of
property for and on behalf of the State; 
10        provided, however,
that the Governor or persons shall 
11        simultaneously with
the taking, deliver to the owner or 
12        his or her agent, if the identity
of the owner or 
13        agency is known or readily ascertainable, a signed

14        statement in writing, that shall include the name
and 
15        address of the owner, the date and place of the taking,

16        description of the property sufficient to identify it, 
17        a
statement of interest in the property that is being 
18        so taken,
and, if possible, a statement in writing, 
19        signed by the
owner, setting forth the sum that he or 
20        she is willing to accept
as just compensation for the 
21        property or use.  Whether or
not the owner or agent is 
22        known or readily ascertainable, a
true copy of the 
23        statement shall promptly be filed by the
Governor or 
24        the person with the Director, who shall keep
the docket 
25        of the statements.  In cases where the sum that
the 
26        owner is willing to accept as just compensation is less

 
 
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1        than $1,000, copies of the statements shall also be 
2        filed
by the Director with, and shall be passed upon by 
3        an
Emergency Management Claims Commission,
consisting 
4        of 3 disinterested citizens who shall be appointed
by 
5        the Governor, by and with the advice and consent of the

6        Senate, within 20 days after the Governor's 
7        declaration of a
disaster, and if the sum fixed by them 
8        as just
compensation be less than $1,000 and is 
9        accepted in writing
by the owner, then the State 
10        Treasurer out of funds
appropriated for these 
11        purposes, shall, upon certification thereof
by the 
12        Emergency Management Claims
Commission, cause the sum 
13        so certified forthwith to be paid
to the owner.  The 
14        Emergency Management
Claims Commission is hereby given 
15        the power to issue
appropriate subpoenas and to 
16        administer oaths to witnesses and shall
keep 
17        appropriate minutes and other records of its actions 
18        upon
and the disposition made of all claims.


19            b. When the compensation to be paid for the taking 
20        or use of property
or interest therein is not or cannot 
21        be determined
and paid under item a of this paragraph 
22        (4) (a) above, a petition in the name of The People
of 
23        the State of Illinois shall be promptly filed by the 
24        Director,
which filing may be enforced by mandamus, in 
25        the
circuit court of the county where the
property or 
26        any part thereof was located when initially taken
or 
 
 
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1        used under the provisions of this Act praying that the 
2        amount
of compensation to be paid to the person or 
3        persons interested
therein be fixed and determined.  
4        The petition shall include
a description of the 
5        property that has been taken, shall state the
physical 
6        condition of the property when taken, shall name
as 
7        defendants all interested parties, shall set forth the

8        sum of money estimated to be just compensation for the 
9        property
or interest therein taken or used, and shall 
10        be signed by the
Director.  The litigation shall be 
11        handled by the Attorney
General for and on behalf of 
12        the State.


13            c. Just compensation for the taking or use of 
14        property or
interest therein shall be promptly 
15        ascertained in
proceedings and established by judgment 
16        against the State, that shall
include, as part of the 
17        just compensation so awarded, interest
at the rate of 
18        6% per annum on the fair market value of the
property 
19        or interest therein from the date of the taking or
use 
20        to the date of the judgment; and the court may order 
21        the
payment of delinquent taxes and special 
22        assessments out of
the amount so awarded as just 
23        compensation and may make
any other orders with respect 
24        to encumbrances, rents,
insurance, and other charges, 
25        if any, as shall be just and equitable.


26        (5) When required by the exigencies of the disaster, to

 
 
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1    sell, lend, rent, give, or distribute all or any part of 
2    property so or
otherwise
acquired to the inhabitants of 
3    this State, or to political subdivisions of this
State, or, 
4    under the interstate mutual aid agreements or compacts as 
5    are
entered into under the provisions of subparagraph (5) 
6    of paragraph (c) of
Section 6 to other states, and
to 
7    account for and transmit to the State Treasurer all funds, 
8    if any, received
therefor.


9        (6) To recommend the evacuation of all or part of the 
10    population
from any stricken or threatened area within the 
11    State if the Governor deems this action
necessary and to 
12    order the mandatory emergency evacuation of a long term 
13    care facility and facilities selected for the supportive 
14    living facilities program authorized by Section 5-5.01a of 
15    the Illinois Public Aid Code when it is determined, in 
16    consultation with the Director of Public Health, that 
17    evacuation is the best solution to eliminating the 
18    potential for harm. A long term care facility notified of a 
19    mandatory emergency evacuation order shall provide a list 
20    of resources needed to the Governor or his or her designee 
21    to safely implement the order.


22        (7) To prescribe routes, modes of transportation, and 
23    destinations in
connection with evacuation.


24        (8) To control ingress and egress to and from a 
25    disaster area, the
movement of persons within the area, and 
26    the occupancy of premises therein.


 
 
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1        (9) To suspend or limit the sale, dispensing, or 
2    transportation of
alcoholic beverages, firearms, 
3    explosives, and combustibles.


4        (10) To make provision for the availability and use of 
5    temporary
emergency housing.


6        (11) A proclamation of a disaster
shall activate the 
7    State Emergency Operations Plan, and political
subdivision 
8    emergency operations plans applicable to the political

9    subdivision or area in question and be authority for the 
10    deployment and use of
any forces that the plan or plans 
11    apply and for use or
distribution of any
supplies, 
12    equipment, and materials and facilities assembled, 
13    stockpiled or
arranged to be made available under this Act 
14    or any other provision
of law relating to disasters.


15        (12) Control, restrict, and regulate by rationing, 
16    freezing, use of
quotas, prohibitions on shipments, price 
17    fixing, allocation or other means, the
use, sale or 
18    distribution of food, feed, fuel, clothing and other 
19    commodities,
materials, goods, or services; and perform 
20    and exercise any other functions,
powers, and duties as may

21    be necessary to promote and secure the safety and 
22    protection of the civilian population.


23        (13) During the continuance of any disaster the

24    Governor is commander-in-chief of the organized and 
25    unorganized militia and of
all other forces available for 
26    emergency duty.  To the greatest extent practicable,
the 
 
 
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1    Governor shall delegate or assign command authority to do 
2    so by orders
issued at the time of the disaster.


3        (14) Prohibit increases in the prices of goods and 
4    services during a
disaster.

5(Source: P.A. 92-73, eff. 1-1-02; revised 9-28-17.)

 
 
6    Section 99. Effective date. This Act takes effect upon 
7becoming law.".