Bill Text: IL HB1352 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-01-31 - Referred to Rules Committee [HB1352 Detail]

Download: Illinois-2023-HB1352-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1352 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.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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. 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 period, deprive any person, firm,
corporation, political subdivision, or body politic of any
right or rights to compensation or reimbursement which he,
she, 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, if strict compliance with the provisions of
any statute, order, rule, or regulation would in any way
prevent, hinder or delay necessary action, including

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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; 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

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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 than $25,000 $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

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sum fixed by them as just compensation be less than
$25,000 $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 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 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

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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 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

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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.
(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.
(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

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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
Governor shall delegate or assign authority to the
Director to manage, coordinate, and direct all resources
by orders issued at the time of the disaster.
(14) Prohibit increases in the prices of goods and
services during a disaster.
(15) After a proclamation is issued under this Section
declaring that a disaster exists, the Governor may extend
that declaration or make additional proclamations
regarding the same disaster. However, any such extension
or additional proclamation shall be void and have no legal
effect unless within 5 days of the extension or additional
proclamation:
(A) the Governor has received written approval for
the extension or additional proclamation from 3 of the
following:
(i) the Speaker of the House of

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Representatives;
(ii) the Minority Leader of the House of
Representatives;
(iii) the President of the Senate; and
(iv) the Minority Leader of the Senate; or
(B) the General Assembly adopts a joint resolution
approving the extension or additional proclamation.
(16) A proclamation declaring a disaster issued under
this Section 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 and having no legal
effect. The General Assembly may by joint resolution
declare that any proclamation regarding the same disaster
is void and has no legal effect. In the event of such a
resolution, any proclamation declaring a disaster issued
under this Section regarding that same disaster shall be
void and have no legal effect.
(17) After a disaster proclamation is issued under
this Section, 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. 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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(Source: P.A. 102-485, eff. 8-20-21.)