Rep. Keith R. Wheeler
Filed: 4/20/2021
 
 


 




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1
AMENDMENT TO HOUSE BILL 3523




2 AMENDMENT NO. ______. Amend House Bill 3523, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Illinois Emergency Management Agency Act 
6is amended by changing Sections 4 and 7 as follows:



7 (20 ILCS 3305/4) (from Ch. 127, par. 1054)


8 Sec. 4. Definitions. As used in this Act, unless the 
9context
clearly indicates otherwise, the following words and 
10terms have the
meanings ascribed to them in this Section:

11 "Coordinator" means the staff assistant to the principal

12executive officer of a political subdivision with the duty of 
13coordinating
the emergency management programs of that 
14political subdivision.

15 "Cyber incident" means an event occurring on or conducted 
16through a computer network that actually or imminently 
 
 
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1jeopardizes the integrity, confidentiality, or availability of 
2computers, information or communications systems or networks, 
3physical or virtual infrastructure controlled by computers or 
4information systems, or information resident thereon that 
5affect or control infrastructure or communications networks 
6utilized by the public. "Cyber incident" includes a 
7vulnerability in information systems, system security 
8procedures, internal controls, or implementations that could 
9be exploited by a threat source that affect or control 
10infrastructure or communications networks utilized by the 
11public.
12 "Disaster" means an occurrence or threat of widespread or 
13severe
damage, injury or loss of life or property resulting 
14from any natural, or
technological, or human cause, including 
15but not limited to fire, flood, earthquake,
wind, storm, 
16hazardous materials spill or other water contamination 
17requiring
emergency
action to avert danger or damage, 
18epidemic, air contamination, blight,
extended periods of 
19severe and inclement weather,
drought, infestation, critical 
20shortages of essential fuels and energy,
explosion, riot, 
21hostile military or
paramilitary action, public health 
22emergencies, cyber incidents, or acts of domestic
terrorism.

23 "Emergency Management" means the efforts of the State and 
24the
political subdivisions to develop, plan, analyze, conduct, 
25provide,
implement and
maintain programs for disaster 
26mitigation, preparedness, response and recovery.

 
 
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1 "Emergency Services and Disaster Agency" means the
agency 
2by this name, by the name Emergency Management Agency, or by 
3any other
name that is established
by ordinance within a 
4political subdivision to coordinate the emergency
management 
5program within that political subdivision and with private

6organizations, other political subdivisions, the State and 
7federal governments.

8 "Emergency Operations Plan" means the written plan of the 
9State and
political subdivisions describing the organization, 
10mission, and functions
of the government and supporting 
11services for responding to and recovering
from disasters and 
12shall include plans that take into account the needs of those 
13individuals with household pets and service animals following 
14a major disaster or emergency.

15 "Emergency Services" means the coordination of functions 
16by the
State and its political subdivision, other than 
17functions for which military
forces
are primarily responsible, 
18as may be necessary or proper to prevent,
minimize, repair, 
19and alleviate injury and damage resulting from
any natural or 
20technological causes. These functions include, without

21limitation, fire fighting
services, police services, emergency 
22aviation services, medical and
health services, HazMat and 
23technical rescue teams, rescue,
engineering, warning services, 
24communications, radiological,
chemical and other special 
25weapons defense, evacuation of persons from
stricken or 
26threatened areas, emergency assigned functions of plant 
 
 
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1protection,
temporary restoration of public utility services 
2and other functions
related to civilian protection, together 
3with all other activities
necessary or incidental to 
4protecting life or property.

5 "Exercise" means a planned event realistically simulating 
6a disaster,
conducted for the purpose of
evaluating the 
7political subdivision's coordinated emergency management

8capabilities, including,
but not limited to, testing the 
9emergency operations plan.

10 "HazMat team" means a career or volunteer mobile support 
11team that has been authorized by a unit of local government to 
12respond to hazardous materials emergencies and that is 
13primarily designed for emergency response to chemical or 
14biological terrorism, radiological emergencies, hazardous 
15material spills, releases, or fires, or other contamination 
16events.

17 "Illinois Emergency Management Agency"
means the agency

18established by this Act within the executive branch of State 
19Government
responsible for coordination of the overall 
20emergency management program of
the State and with private 
21organizations, political subdivisions, and the
federal 
22government.
Illinois Emergency Management Agency also means 
23the State
Emergency Response Commission responsible for the 
24implementation of Title
III of the Superfund Amendments and 
25Reauthorization Act of 1986.

26 "Mobile Support Team" means
a group of individuals 
 
 
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1designated as a team by the Governor or Director to
train prior 
2to and to be
dispatched, if the Governor or the Director so 
3determines, to aid and reinforce
the State and political

4subdivision emergency management efforts in response to a 
5disaster.

6 "Municipality" means any city, village, and incorporated 
7town.

8 "Political Subdivision" means any county, city, village, 
9or
incorporated town or township if the township is in a county 
10having a
population of more than 2,000,000.

11 "Principal Executive Officer" means chair
of the county 
12board, supervisor of a township if the township
is in a county 
13having a population of more than 2,000,000, mayor
of a city or 
14incorporated town,
president of a village,
or in their absence 
15or disability, the interim successor as
established under 
16Section 7 of the Emergency Interim
Executive Succession Act.

17 "Public health emergency" means an occurrence or imminent 
18threat of an
illness or health condition that:

19  (a) is believed to be caused by any of the following:

20   (i) bioterrorism;

21   (ii) the appearance of a novel or previously 
22 controlled or eradicated
infectious agent or

23 biological toxin;

24   (iii) a natural disaster;

25   (iv) a chemical attack or accidental release; or

26   (v) a nuclear attack or accident; and

 
 
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1  (b) poses a high probability of any of the following 
2 harms:

3   (i) a large number of deaths in the affected 
4 population;

5   (ii) a large number of serious or long-term 
6 disabilities in the affected
population; or

7   (iii) widespread exposure to an infectious or 
8 toxic agent that poses a
significant risk of 
9 substantial future harm to a large number of people in 
10 the
affected population.

11 "Statewide mutual aid organization" means an entity with 
12local government members throughout the State that facilitates 
13temporary assistance through its members in a particular 
14public safety discipline, such as police, fire or emergency 
15management, when an occurrence exceeds a member jurisdiction's 
16capabilities. 
17 "Technical rescue team" means a career or volunteer mobile 
18support team that has been authorized by a unit of local 
19government to respond to building collapse, high angle rescue, 
20and other specialized rescue emergencies and that is primarily 
21designated for emergency response to technical rescue events.

22(Source: P.A. 100-587, eff. 6-4-18.)





23 (20 ILCS 3305/7) (from Ch. 127, par. 1057)



24 Sec. 7. Emergency Powers of the Governor. In the event
of a 
25disaster, as defined in Section 4, the Governor may, by 
 
 
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1proclamation
declare that a disaster exists. Upon such 
2proclamation,
the Governor shall have and may exercise for a 
3period not to exceed 30
days the following emergency powers; 
4provided, however, that the lapse of
the emergency powers 
5shall not, as regards any act or acts occurring or
committed 
6within the 30-day period, deprive any person, firm, 
7corporation,
political subdivision, or body politic of any 
8right or rights
to compensation or reimbursement which he, 
9she, it, or they may have under the
provisions of this Act:


10  (1) To suspend the provisions of any regulatory 
11 statute prescribing
procedures for conduct of State 
12 business, or the orders, rules and regulations
of any 
13 State agency, if strict compliance with the provisions of 
14 any statute,
order, rule, or regulation would in any way 
15 prevent, hinder or delay necessary
action, including 
16 emergency purchases, by the Illinois Emergency Management

17 Agency, in coping with the disaster.


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


21  (3) To transfer the direction, personnel or functions 
22 of State
departments and agencies or units thereof for the 
23 purpose of performing or
facilitating disaster response 
24 and recovery programs.


25  (4) On behalf of this State to take possession of, and 
26 to acquire
full title or a lesser specified interest in, 
 
 
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1 any personal property as may be
necessary to accomplish 
2 the objectives set forth in Section 2 of this Act,

3 including: airplanes, automobiles, trucks, trailers, 
4 buses, and other vehicles;
coal, oils, gasoline, and other 
5 fuels and means of propulsion; explosives,
materials, 
6 equipment, and supplies; animals and livestock; feed and 
7 seed; food and provisions
for humans and animals; clothing 
8 and bedding; and
medicines and medical and surgical

9 supplies; and to take possession of and for a limited 
10 period occupy and use any
real estate necessary to 
11 accomplish those objectives; but only upon the
undertaking 
12 by the State to pay just compensation therefor as in this 
13 Act
provided, and then only under the following 
14 provisions:


15   a. The Governor, or the person or persons as the 
16 Governor may
authorize so to do, may forthwith take 
17 possession of
property for and on behalf of the State; 
18 provided, however,
that the Governor or persons shall 
19 simultaneously with
the taking, deliver to the owner 
20 or his or her agent, if the identity
of the owner or 
21 agency is known or readily ascertainable, a signed

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

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

8 the owner is willing to accept as just compensation is 
9 less
than $1,000, copies of the statements shall also 
10 be filed
by the Director with, and shall be passed upon 
11 by an
Emergency Management Claims Commission,

12 consisting of 3 disinterested citizens who shall be 
13 appointed
by the Governor, by and with the advice and 
14 consent of the
Senate, within 20 days after the 
15 Governor's declaration of a
disaster, and if the sum 
16 fixed by them as just
compensation be less than $1,000 
17 and is accepted in writing
by the owner, then the State 
18 Treasurer out of funds
appropriated for these 
19 purposes, shall, upon certification thereof
by the 
20 Emergency Management Claims
Commission, cause the sum 
21 so certified forthwith to be paid
to the owner. The 
22 Emergency Management
Claims Commission is hereby given 
23 the power to issue
appropriate subpoenas and to 
24 administer oaths to witnesses and shall
keep 
25 appropriate minutes and other records of its actions 
26 upon
and the disposition made of all claims.


 
 
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1   b. When the compensation to be paid for the taking 
2 or use of property
or interest therein is not or cannot 
3 be determined
and paid under item a of this paragraph 
4 (4), a petition in the name of The People
of the State 
5 of Illinois shall be promptly filed by the Director,

6 which filing may be enforced by mandamus, in the

7 circuit court of the county where the
property or any 
8 part thereof was located when initially taken
or used 
9 under the provisions of this Act praying that the 
10 amount
of compensation to be paid to the person or 
11 persons interested
therein be fixed and determined. 
12 The petition shall include
a description of the 
13 property that has been taken, shall state the
physical 
14 condition of the property when taken, shall name
as 
15 defendants all interested parties, shall set forth the

16 sum of money estimated to be just compensation for the 
17 property
or interest therein taken or used, and shall 
18 be signed by the
Director. The litigation shall be 
19 handled by the Attorney
General for and on behalf of 
20 the State.


21   c. Just compensation for the taking or use of 
22 property or
interest therein shall be promptly 
23 ascertained in
proceedings and established by judgment 
24 against the State, that shall
include, as part of the 
25 just compensation so awarded, interest
at the rate of 
26 6% per annum on the fair market value of the
property 
 
 
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1 or interest therein from the date of the taking or
use 
2 to the date of the judgment; and the court may order 
3 the
payment of delinquent taxes and special 
4 assessments out of
the amount so awarded as just 
5 compensation and may make
any other orders with 
6 respect to encumbrances, rents,
insurance, and other 
7 charges, if any, as shall be just and equitable.


8  (5) When required by the exigencies of the disaster, 
9 to
sell, lend, rent, give, or distribute all or any part of 
10 property so or
otherwise
acquired to the inhabitants of 
11 this State, or to political subdivisions of this
State, 
12 or, under the interstate mutual aid agreements or compacts 
13 as are
entered into under the provisions of subparagraph 
14 (5) of paragraph (c) of
Section 6 to other states, and
to 
15 account for and transmit to the State Treasurer all funds, 
16 if any, received
therefor.


17  (6) To recommend the evacuation of all or part of the 
18 population
from any stricken or threatened area within the 
19 State if the Governor deems this action
necessary.


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


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


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


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


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

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


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


21  (13) During the continuance of any disaster the

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


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

4(Source: P.A. 100-863, eff. 8-14-18.)



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