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| Public Act 102-0485
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| HB3523 Enrolled | LRB102 09897 CPF 15215 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Emergency Management Agency Act is |
amended by changing Sections 4 and 7 as follows:
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(20 ILCS 3305/4) (from Ch. 127, par. 1054)
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Sec. 4. Definitions. As used in this Act, unless the |
context
clearly indicates otherwise, the following words and |
terms have the
meanings ascribed to them in this Section:
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"Coordinator" means the staff assistant to the principal
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executive officer of a political subdivision with the duty of |
coordinating
the emergency management programs of that |
political subdivision.
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"Cyber incident" means an event occurring on or conducted |
through a computer network that actually or imminently |
jeopardizes the integrity, confidentiality, or availability of |
computers, information or communications systems or networks, |
physical or virtual infrastructure controlled by computers or |
information systems, or information resident thereon that |
affect or control infrastructure or communications networks |
utilized by the public. "Cyber incident" includes a |
vulnerability in information systems, system security |
procedures, internal controls, or implementations that could |
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be exploited by a threat source that affect or control |
infrastructure or communications networks utilized by the |
public. |
"Disaster" means an occurrence or threat of widespread or |
severe
damage, injury or loss of life or property resulting |
from any natural, or
technological, or human cause, including |
but not limited to fire, flood, earthquake,
wind, storm, |
hazardous materials spill or other water contamination |
requiring
emergency
action to avert danger or damage, |
epidemic, air contamination, blight,
extended periods of |
severe and inclement weather,
drought, infestation, critical |
shortages of essential fuels and energy,
explosion, riot, |
hostile military or
paramilitary action, public health |
emergencies, cyber incidents, or acts of domestic
terrorism.
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"Emergency Management" means the efforts of the State and |
the
political subdivisions to develop, plan, analyze, conduct, |
provide,
implement and
maintain programs for disaster |
mitigation, preparedness, response and recovery.
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"Emergency Services and Disaster Agency" means the
agency |
by this name, by the name Emergency Management Agency, or by |
any other
name that is established
by ordinance within a |
political subdivision to coordinate the emergency
management |
program within that political subdivision and with private
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organizations, other political subdivisions, the State and |
federal governments.
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"Emergency Operations Plan" means the written plan of the |
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State and
political subdivisions describing the organization, |
mission, and functions
of the government and supporting |
services for responding to and recovering
from disasters and |
shall include plans that take into account the needs of those |
individuals with household pets and service animals following |
a major disaster or emergency.
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"Emergency Services" means the coordination of functions |
by the
State and its political subdivision, other than |
functions for which military
forces
are primarily responsible, |
as may be necessary or proper to prevent,
minimize, repair, |
and alleviate injury and damage resulting from
any natural or |
technological causes. These functions include, without
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limitation, fire fighting
services, police services, emergency |
aviation services, medical and
health services, HazMat and |
technical rescue teams, rescue,
engineering, warning services, |
communications, radiological,
chemical and other special |
weapons defense, evacuation of persons from
stricken or |
threatened areas, emergency assigned functions of plant |
protection,
temporary restoration of public utility services |
and other functions
related to civilian protection, together |
with all other activities
necessary or incidental to |
protecting life or property.
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"Exercise" means a planned event realistically simulating |
a disaster,
conducted for the purpose of
evaluating the |
political subdivision's coordinated emergency management
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capabilities, including,
but not limited to, testing the |
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emergency operations plan.
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"HazMat team" means a career or volunteer mobile support |
team that has been authorized by a unit of local government to |
respond to hazardous materials emergencies and that is |
primarily designed for emergency response to chemical or |
biological terrorism, radiological emergencies, hazardous |
material spills, releases, or fires, or other contamination |
events.
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"Illinois Emergency Management Agency"
means the agency
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established by this Act within the executive branch of State |
Government
responsible for coordination of the overall |
emergency management program of
the State and with private |
organizations, political subdivisions, and the
federal |
government.
Illinois Emergency Management Agency also means |
the State
Emergency Response Commission responsible for the |
implementation of Title
III of the Superfund Amendments and |
Reauthorization Act of 1986.
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"Mobile Support Team" means
a group of individuals |
designated as a team by the Governor or Director to
train prior |
to and to be
dispatched, if the Governor or the Director so |
determines, to aid and reinforce
the State and political
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subdivision emergency management efforts in response to a |
disaster.
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"Municipality" means any city, village, and incorporated |
town.
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"Political Subdivision" means any county, city, village, |
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or
incorporated town or township if the township is in a county |
having a
population of more than 2,000,000.
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"Principal Executive Officer" means chair
of the county |
board, supervisor of a township if the township
is in a county |
having a population of more than 2,000,000, mayor
of a city or |
incorporated town,
president of a village,
or in their absence |
or disability, the interim successor as
established under |
Section 7 of the Emergency Interim
Executive Succession Act.
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"Public health emergency" means an occurrence or imminent |
threat of an
illness or health condition that:
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(a) is believed to be caused by any of the following:
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(i) bioterrorism;
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(ii) the appearance of a novel or previously |
controlled or eradicated
infectious agent or
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biological toxin;
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(iii) a natural disaster;
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(iv) a chemical attack or accidental release; or
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(v) a nuclear attack or accident; and
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(b) poses a high probability of any of the following |
harms:
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(i) a large number of deaths in the affected |
population;
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(ii) a large number of serious or long-term |
disabilities in the affected
population; or
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(iii) widespread exposure to an infectious or |
toxic agent that poses a
significant risk of |
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substantial future harm to a large number of people in |
the
affected population.
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"Statewide mutual aid organization" means an entity with |
local government members throughout the State that facilitates |
temporary assistance through its members in a particular |
public safety discipline, such as police, fire or emergency |
management, when an occurrence exceeds a member jurisdiction's |
capabilities. |
"Technical rescue team" means a career or volunteer mobile |
support team that has been authorized by a unit of local |
government to respond to building collapse, high angle rescue, |
and other specialized rescue emergencies and that is primarily |
designated for emergency response to technical rescue events.
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(Source: P.A. 100-587, eff. 6-4-18.)
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(20 ILCS 3305/7) (from Ch. 127, par. 1057)
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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, |
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she, it, or they may have under the
provisions of this Act:
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(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 |
emergency purchases, by the Illinois Emergency Management
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Agency, in coping with the disaster.
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(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.
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(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.
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(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,
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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
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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:
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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
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statement in writing, that shall include the name
and |
address of the owner, the date and place of the taking,
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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
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the owner is willing to accept as just compensation is |
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less
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,
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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.
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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,
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which filing may be enforced by mandamus, in the
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circuit court of the county where the
property or any |
part thereof was located when initially taken
or used |
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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
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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.
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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.
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(5) When required by the exigencies of the disaster, |
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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 |
account for and transmit to the State Treasurer all funds, |
if any, received
therefor.
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(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.
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(7) To prescribe routes, modes of transportation, and |
destinations in
connection with evacuation.
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(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.
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(10) To make provision for the availability and use of |
temporary
emergency housing.
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(11) A proclamation of a disaster
shall activate the |
State Emergency Operations Plan, and political
subdivision |
emergency operations plans applicable to the political
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subdivision or area in question and be authority for the |
deployment and use of
any forces that the plan or plans |
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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.
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(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.
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(13) During the continuance of any disaster the
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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 command authority to the |
Director to manage, coordinate, and direct all resources |
do so by orders
issued at the time of the disaster.
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(14) Prohibit increases in the prices of goods and |
services during a
disaster.
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(Source: P.A. 100-863, eff. 8-14-18.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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