Bill Amendment: IL SB2232 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: IEMA-LONG TERM CARE FACILITIES

Status: 2019-01-09 - Session Sine Die [SB2232 Detail]

Download: Illinois-2017-SB2232-Senate_Amendment_001.html

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Sen. David Koehler

Filed: 3/13/2018

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AMENDMENT TO SENATE BILL 2232
AMENDMENT NO. ______. Amend Senate Bill 2232 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Emergency Management Agency Act is
amended by changing Section 7 as follows:
(20 ILCS 3305/7) (from Ch. 127, par. 1057)
Sec. 7. Emergency Powers of the Governor. (a) In the event
of a disaster, as defined in Section 4, the Governor may, by
proclamation declare that a disaster exists. Upon such
proclamation, the Governor shall have and may exercise for a
period not to exceed 30 days the following emergency powers;
provided, however, that the lapse of the emergency powers shall
not, as regards any act or acts occurring or committed within
the 30-day 30 days period, deprive any person, firm,
corporation, political subdivision, or body politic of any
right or rights to compensation or reimbursement which he, she,

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it, or they may have under the provisions of this Act:
(1) To suspend the provisions of any regulatory statute
prescribing procedures for conduct of State business, or
the orders, rules and regulations of any State agency and
managed care contracts, if strict compliance with the
provisions of any statute, order, rule, contract, or
regulation would in any way prevent, hinder or delay
necessary action, including emergency purchases, by the
Illinois Emergency Management Agency, in coping with the
disaster.
(2) To utilize all available resources of the State
government as reasonably necessary to cope with the
disaster and of each political subdivision of the State.
(3) To transfer the direction, personnel or functions
of State departments and agencies or units thereof for the
purpose of performing or facilitating disaster response
and recovery programs.
(4) On behalf of this State to take possession of, and
to acquire full title or a lesser specified interest in,
any personal property as may be necessary to accomplish the
objectives set forth in Section 2 of this Act, including:
airplanes, automobiles, trucks, trailers, buses, and other
vehicles; coal, oils, gasoline, and other fuels and means
of propulsion; explosives, materials, equipment, and
supplies; animals and livestock; feed and seed; food and
provisions for humans and animals; clothing and bedding;

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and medicines and medical and surgical supplies; and to
take possession of and for a limited period occupy and use
any real estate necessary to accomplish those objectives;
but only upon the undertaking by the State to pay just
compensation therefor as in this Act provided, and then
only under the following provisions:
a. The Governor, or the person or persons as the
Governor may authorize so to do, may forthwith take
possession of property for and on behalf of the State;
provided, however, that the Governor or persons shall
simultaneously with the taking, deliver to the owner or
his or her agent, if the identity of the owner or
agency is known or readily ascertainable, a signed
statement in writing, that shall include the name and
address of the owner, the date and place of the taking,
description of the property sufficient to identify it,
a statement of interest in the property that is being
so taken, and, if possible, a statement in writing,
signed by the owner, setting forth the sum that he or
she is willing to accept as just compensation for the
property or use. Whether or not the owner or agent is
known or readily ascertainable, a true copy of the
statement shall promptly be filed by the Governor or
the person with the Director, who shall keep the docket
of the statements. In cases where the sum that the
owner is willing to accept as just compensation is less

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than $1,000, copies of the statements shall also be
filed by the Director with, and shall be passed upon by
an Emergency Management Claims Commission, consisting
of 3 disinterested citizens who shall be appointed by
the Governor, by and with the advice and consent of the
Senate, within 20 days after the Governor's
declaration of a disaster, and if the sum fixed by them
as just compensation be less than $1,000 and is
accepted in writing by the owner, then the State
Treasurer out of funds appropriated for these
purposes, shall, upon certification thereof by the
Emergency Management Claims Commission, cause the sum
so certified forthwith to be paid to the owner. The
Emergency Management Claims Commission is hereby given
the power to issue appropriate subpoenas and to
administer oaths to witnesses and shall keep
appropriate minutes and other records of its actions
upon and the disposition made of all claims.
b. When the compensation to be paid for the taking
or use of property or interest therein is not or cannot
be determined and paid under item a of this paragraph
(4) (a) above, a petition in the name of The People of
the State of Illinois shall be promptly filed by the
Director, which filing may be enforced by mandamus, in
the circuit court of the county where the property or
any part thereof was located when initially taken or

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used under the provisions of this Act praying that the
amount of compensation to be paid to the person or
persons interested therein be fixed and determined.
The petition shall include a description of the
property that has been taken, shall state the physical
condition of the property when taken, shall name as
defendants all interested parties, shall set forth the
sum of money estimated to be just compensation for the
property or interest therein taken or used, and shall
be signed by the Director. The litigation shall be
handled by the Attorney General for and on behalf of
the State.
c. Just compensation for the taking or use of
property or interest therein shall be promptly
ascertained in proceedings and established by judgment
against the State, that shall include, as part of the
just compensation so awarded, interest at the rate of
6% per annum on the fair market value of the property
or interest therein from the date of the taking or use
to the date of the judgment; and the court may order
the payment of delinquent taxes and special
assessments out of the amount so awarded as just
compensation and may make any other orders with respect
to encumbrances, rents, insurance, and other charges,
if any, as shall be just and equitable.
(5) When required by the exigencies of the disaster, to

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sell, lend, rent, give, or distribute all or any part of
property so or otherwise acquired to the inhabitants of
this State, or to political subdivisions of this State, or,
under the interstate mutual aid agreements or compacts as
are entered into under the provisions of subparagraph (5)
of paragraph (c) of Section 6 to other states, and to
account for and transmit to the State Treasurer all funds,
if any, received therefor.
(6) To recommend the evacuation of all or part of the
population from any stricken or threatened area within the
State if the Governor deems this action necessary and to
order the mandatory emergency evacuation of a long term
care facility and facilities selected for the supportive
living facilities program authorized by Section 5-5.01a of
the Illinois Public Aid Code when it is determined, in
consultation with the Director of Public Health, that
evacuation is the best solution to eliminating the
potential for harm. A long term care facility notified of a
mandatory emergency evacuation order shall provide a list
of resources needed to the Governor or his or her designee
to safely implement the order.
(7) To prescribe routes, modes of transportation, and
destinations in connection with evacuation.
(8) To control ingress and egress to and from a
disaster area, the movement of persons within the area, and
the occupancy of premises therein.

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(9) To suspend or limit the sale, dispensing, or
transportation of alcoholic beverages, firearms,
explosives, and combustibles.
(10) To make provision for the availability and use of
temporary emergency housing.
(11) A proclamation of a disaster shall activate the
State Emergency Operations Plan, and political subdivision
emergency operations plans applicable to the political
subdivision or area in question and be authority for the
deployment and use of any forces that the plan or plans
apply and for use or distribution of any supplies,
equipment, and materials and facilities assembled,
stockpiled or arranged to be made available under this Act
or any other provision of law relating to disasters.
(12) Control, restrict, and regulate by rationing,
freezing, use of quotas, prohibitions on shipments, price
fixing, allocation or other means, the use, sale or
distribution of food, feed, fuel, clothing and other
commodities, materials, goods, or services; and perform
and exercise any other functions, powers, and duties as may
be necessary to promote and secure the safety and
protection of the civilian population.
(13) During the continuance of any disaster the
Governor is commander-in-chief of the organized and
unorganized militia and of all other forces available for
emergency duty. To the greatest extent practicable, the

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Governor shall delegate or assign command authority to do
so by orders issued at the time of the disaster.
(14) Prohibit increases in the prices of goods and
services during a disaster.
(Source: P.A. 92-73, eff. 1-1-02; revised 9-28-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.".