Council on Domestic Relations
92_SB1529 LRB9210982REsbB 1 AN ACT concerning emergency health powers. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 ARTICLE 1. TITLE, FINDINGS, PURPOSES, AND DEFINITIONS 5 Section 1-1. Short title. This Act may be cited as the 6 Illinois Emergency Health Powers Act. 7 Section 1-5. Legislative findings. The General Assembly 8 finds that: 9 (1) The government must do more to protect the health, 10 safety, and general well being of our citizens. 11 (2) New and emerging dangers, including emergent and 12 resurgent infectious diseases and incidents of civilian mass 13 casualties, pose serious and immediate threats. 14 (3) A renewed focus on the prevention, detection, 15 management, and containment of public health emergencies is 16 called for. 17 (4) Emergency health threats, including those caused by 18 bioterrorism and epidemics, require the exercise of 19 extraordinary government functions. 20 (5) This State must have the ability to respond, rapidly 21 and effectively, to potential or actual public health 22 emergencies. 23 (6) The exercise of emergency health powers must promote 24 the common good. 25 (7) Emergency health powers must be grounded in a 26 thorough scientific understanding of public health threats 27 and disease transmission. 28 (8) Guided by principles of justice, it is the duty of 29 this State to act with fairness and tolerance towards 30 individuals and groups. -2- LRB9210982REsbB 1 (9) The rights of people to liberty, bodily integrity, 2 and privacy must be respected to the fullest extent possible 3 consistent with the overriding importance of the public's 4 health and security. 5 (10) This Act is necessary to protect the health and 6 safety of the citizens of this State. 7 Section 1-10. Purposes. The purposes of this Act are to 8 deal with public health emergencies and include the 9 following: 10 (1) To authorize the collection of data and records, the 11 control of property, the management of persons, and access to 12 communications. 13 (2) To facilitate the early detection of a health 14 emergency, and to allow for immediate investigation of such 15 an emergency by granting access to individuals' health 16 information under specified circumstances. 17 (3) To grant State officials the authority to use and 18 appropriate property as necessary for the care, treatment, 19 and housing of patients and for the destruction of 20 contaminated materials. 21 (4) To grant State officials the authority to provide 22 care and treatment to persons who are ill or who have been 23 exposed to infection, and to separate affected individuals 24 from the population at large for the purpose of interrupting 25 the transmission of infectious disease. 26 (5) To ensure that the needs of infected or exposed 27 persons will be addressed to the fullest extent possible, 28 given the primary goal of controlling serious health threats. 29 (6) To provide State officials with the ability to 30 prevent, detect, manage, and contain emergency health threats 31 without unduly interfering with civil rights and liberties. 32 (7) To require the development of a comprehensive plan 33 to provide for a coordinated, appropriate response in the -3- LRB9210982REsbB 1 event of a public health emergency. 2 Section 1-15. Definitions. 3 (1) "Bioterrorism" is the intentional use of any 4 microorganism, virus, infectious substance, or biological 5 product that may be engineered as a result of biotechnology, 6 or any naturally occurring or bioengineered component of any 7 such microorganism, virus, infectious substance, or 8 biological product, to cause death, disease, or other 9 biological malfunction in a human, an animal, a plant, or 10 another living organism in order to influence the conduct of 11 government or to intimidate or coerce a civilian population. 12 (2) "Chain of custody" means the methodology of tracking 13 specimens for the purpose of maintaining control and 14 accountability from initial collection to final disposition 15 of the specimens and providing for accountability at each 16 stage of collecting, handling, testing, storing, and 17 transporting the specimens and reporting test results. 18 (3) "Contagious disease" is an infectious disease that 19 can be transmitted from person to person, animal to person, 20 or insect to person. 21 (4) "Health care facility" means all or part of any 22 non-federal institution, building, or agency, whether public 23 or private (for-profit or nonprofit) that is used, operated, 24 or designed to provide health services, medical treatment, or 25 nursing, rehabilitative, or preventive care to any person or 26 persons. This includes, but is not limited to: ambulatory 27 surgical facilities, health maintenance organizations, home 28 health agencies, hospices, hospitals, infirmaries, 29 intermediate care facilities, kidney treatment centers, 30 long-term care facilities, medical assistance facilities, 31 mental health centers, outpatient facilities, public health 32 centers, rehabilitation facilities, residential treatment 33 facilities, skilled nursing facilities, and adult day-care -4- LRB9210982REsbB 1 centers. The term also includes, but is not limited to, the 2 following related property when used for or in connection 3 with the foregoing: laboratories; research facilities; 4 pharmacies; laundry facilities; health personnel training and 5 lodging facilities; patient, guest, and health personnel food 6 service facilities; and offices and office buildings for 7 persons engaged in health care professions or services. 8 (5) "Health care provider" means any person or entity 9 that provides health care services including, but not limited 10 to, hospitals, medical clinics and offices, special care 11 facilities, medical laboratories, physicians, pharmacists, 12 dentists, physician assistants, nurse practitioners, 13 registered and other nurses, paramedics, emergency medical or 14 laboratory technicians, and ambulance and emergency medical 15 workers. 16 (6) "Infectious disease" is a disease caused by a living 17 organism. An infectious disease may, or may not, be 18 transmissible from person to person, animal to person, or 19 insect to person. 20 (7) "Infectious waste" means: 21 (a) "biological waste", which includes blood and 22 blood products, excretions, exudates, secretions, 23 suctioning and other body fluids, and waste materials 24 saturated with blood or body fluids; 25 (b) "cultures and stocks", which include etiologic 26 agents and associated biologicals, including specimen 27 cultures and dishes and devices used to transfer, 28 inoculate, and mix cultures, wastes from production of 29 biologicals and serums, and discarded live and attenuated 30 vaccines; 31 (c) "pathological waste", which includes biopsy 32 materials and all human tissues, anatomical parts that 33 emanate from surgery, obstetrical procedures, autopsy and 34 laboratory procedures, and animal carcasses exposed to -5- LRB9210982REsbB 1 pathogens in research and the bedding and other waste 2 from those animals, but does not include teeth or 3 formaldehyde or other preservative agents; and 4 (d) "sharps", which include needles, IV tubing with 5 needles attached, scalpel blades, lancets, glass tubes 6 that could be broken during handling, and syringes that 7 have been removed from their original sterile containers. 8 (8) "Isolation" and "quarantine" mean the compulsory 9 physical separation (including the restriction of movement or 10 confinement) of individuals or groups believed to have been 11 exposed to or known to have been infected with a contagious 12 disease from individuals who are believed not to have been 13 exposed or infected, in order to prevent or limit the 14 transmission of the disease to others. 15 (9) "Mental health support personnel" include, but are 16 not limited to, psychiatrists, psychologists, social workers, 17 and volunteer crisis counseling groups. 18 (10) "Protected health information" means any 19 information, whether oral, written, electronic, visual, 20 pictorial, physical, or any other form, that relates to an 21 individual's past, present, or future physical or mental 22 health status, condition, treatment, service, products 23 purchased, or provision of care, and that reveals the 24 identity of the individual whose health care is the subject 25 of the information, or where there is a reasonable basis to 26 believe that information could be used (either alone or with 27 other information that is, or should reasonably be known to 28 be, available to predictable recipients of that information) 29 to reveal the identity of that individual. 30 (11) "Public health authority" means the Department of 31 Public Health and, to the extent specifically authorized by 32 the Department of Public Health, any State or local 33 governmental entity or any private entity or person. 34 (12) A "public health emergency" is an occurrence or -6- LRB9210982REsbB 1 imminent threat of an illness or health condition, caused by 2 bioterrorism, epidemic or pandemic disease, or a novel and 3 highly fatal infectious agent or biological toxin, that poses 4 a substantial risk of a significant number of human 5 fatalities or incidents of permanent or long-term disability. 6 These illnesses or health conditions include, but are not 7 limited to, illnesses or health conditions resulting from a 8 natural disaster. 9 (13) "Public safety authority" means the Department of 10 State Police and, to the extent specifically authorized by 11 the Department of State Police, any State or local 12 governmental entity. 13 (14) "Specimens" include, but are not limited to, blood, 14 sputum, urine, stool, other bodily fluids, wastes, tissues, 15 and cultures necessary to perform required tests. 16 (15) "Tests" include, but are not limited to, any 17 diagnostic or investigative analyses necessary to prevent the 18 spread of disease or protect the public's health, safety, and 19 welfare. 20 ARTICLE 5. MEASURES TO DETECT AND TRACK POTENTIAL AND 21 EXISTING PUBLIC HEALTH EMERGENCIES 22 Section 5-5. Reporting. 23 (1) Illness or health condition. A health care provider, 24 coroner, or medical examiner shall report all cases of 25 persons who harbor any illness or health condition that may 26 be caused by bioterrorism, epidemic or pandemic disease, or 27 novel and highly fatal infectious agents or biological toxins 28 and might pose a substantial risk of a significant number of 29 human fatalities or incidents of permanent or long-term 30 disability. Reportable illnesses and health conditions 31 include, but are not limited to, the diseases caused by the 32 biological agents listed in 42 C.F.R. Section 72, App. A -7- LRB9210982REsbB 1 (2000) and any illnesses or health conditions identified by 2 the public health authority as potential causes of a public 3 health emergency. 4 (2) Pharmacists. In addition to the foregoing 5 requirements for health care providers, a pharmacist must 6 report any unusual or increased prescription rates, unusual 7 types of prescriptions, or unusual trends in pharmacy visits 8 that may be caused by bioterrorism, epidemic or pandemic 9 disease, or novel and highly fatal infectious agents or 10 biological toxins and might pose a substantial risk of a 11 significant number of human fatalities or incidents of 12 permanent or long-term disability. Prescription-related 13 events that require a report include, but are not limited to: 14 (a) an unusual increase in the number of 15 prescriptions to treat fever, respiratory, or 16 gastrointestinal complaints; 17 (b) an unusual increase in the number of 18 prescriptions for antibiotics; 19 (c) an unusual increase in the number of requests 20 for information on over-the-counter pharmaceuticals to 21 treat fever, respiratory, or gastrointestinal complaints; 22 and 23 (d) any prescription that treats a disease that is 24 relatively uncommon and has bioterrorism potential. 25 (3) Manner of reporting. The report must be made in 26 writing within 24 hours to the public health authority. The 27 report must include as much of the following information as 28 is available: the patient's name, date of birth, sex, race, 29 and current address (including city and county); the name and 30 address of the health care provider, coroner, or medical 31 examiner and of the reporting individual, if different; and 32 any other information needed to locate the patient for 33 follow-up. For cases related to animal or insect bites, the 34 suspected locating information of the biting animal or -8- LRB9210982REsbB 1 insect, and the name and address of any known owner, must be 2 reported. 3 (4) Animal diseases. Every veterinarian, livestock 4 owner, veterinary diagnostic laboratory director, or other 5 person having the care of animals must report animals having 6 or suspected of having any disease that may be caused by 7 bioterrorism, epidemic or pandemic disease, or novel and 8 highly fatal infectious agents or biological toxins and might 9 pose a substantial risk of a significant number of human and 10 animal fatalities or incidents of permanent or long-term 11 disability. The report must be made in writing within 24 12 hours to the public health authority and must include as much 13 of the following information as is available: the suspected 14 locating information of the animal, the name and address of 15 any known owner, and the name and address of the reporting 16 individual. 17 (5) Laboratories. For the purposes of this Section, the 18 definition of "health care provider" includes out-of-state 19 medical laboratories that have agreed to the reporting 20 requirements of this State. Results must be reported by the 21 laboratory that performs the test, but an in-state laboratory 22 that sends specimens to an out-of-state laboratory is also 23 responsible for reporting results. 24 (6) Enforcement. The public health authority may enforce 25 the provisions of this Section in accordance with existing 26 enforcement rules and regulations. 27 Section 5-10. Tracking. The public health authority shall 28 ascertain the existence of cases of an illness or health 29 condition, caused by bioterrorism, epidemic or pandemic 30 disease, or a novel and highly fatal infectious agent or 31 biological toxin, that poses a substantial risk of a 32 significant number of human fatalities or incidents of 33 permanent or long-term disability; investigate all such cases -9- LRB9210982REsbB 1 for sources of infection and to ensure that they are subject 2 to proper control measures; and define the distribution of 3 the illness or health condition. To fulfill these duties, the 4 public health authority shall identify exposed individuals as 5 follows: 6 (1) Identification of individuals. Acting on information 7 developed in accordance with Section 5-5, or other reliable 8 information, the public health authority shall identify all 9 individuals thought to have been exposed to an illness or 10 health condition, caused by bioterrorism, epidemic or 11 pandemic disease, or novel and highly fatal infectious agents 12 or biological toxins, that poses a substantial risk of a 13 significant number of human fatalities or incidents of 14 permanent or long-term disability. 15 (2) Interviewing of individuals. The public health 16 authority shall counsel and interview those individuals as 17 appropriate to assist in the positive identification of 18 exposed individuals and develop information relating to the 19 source and spread of the illness or health condition. That 20 information includes the name and address (including 21 municipality and county) of any person from whom the illness 22 or health condition may have been contracted and to whom the 23 illness or health condition may have spread. 24 (3) Examination of facilities or materials. The public 25 health authority shall, for examination purposes, close, 26 evacuate, or decontaminate any facility or decontaminate or 27 destroy any material when the authority reasonably suspects 28 that the facility or material may endanger the public health. 29 (4) Enforcement. An order of the public health authority 30 given to effectuate the purposes of this Section shall be 31 enforceable immediately by the public safety authority. 32 Section 5-15. Information sharing. 33 (1) Whenever the public safety authority learns of a -10- LRB9210982REsbB 1 case of a reportable illness or health condition, an unusual 2 cluster, or a suspicious event, it shall immediately notify 3 the public health authority. 4 (2) Whenever the public health authority learns of a 5 case of a reportable illness or health condition, an unusual 6 cluster, or a suspicious event that it reasonably believes 7 has the potential to be caused by bioterrorism, it must 8 immediately notify the appropriate public safety authority, 9 tribal authorities, and federal health and public safety 10 authorities. 11 (3) Sharing of information on reportable illnesses, 12 health conditions, unusual clusters, or suspicious events 13 between authorized personnel shall be restricted to 14 information necessary for the treatment, control, 15 investigation, and prevention of a public health emergency. 16 ARTICLE 10. DECLARING STATE OF PUBLIC HEALTH EMERGENCY 17 Section 10-5. Standards for declaration. A state of 18 public health emergency shall be declared by the Governor if 19 the Governor finds an occurrence or imminent threat of an 20 illness or health condition, caused by bioterrorism, epidemic 21 or pandemic disease, or novel and highly fatal infectious 22 agents or biological toxins, that poses a substantial risk of 23 a significant number of human fatalities or incidents of 24 permanent or long-term disability. To make such a finding, 25 the Governor shall consult with the public health authority 26 and may consult with any public health and other experts as 27 needed. Nothing in the duty of the Governor to consult with 28 the public health authority or the discretion to consult with 29 public health or other experts shall be construed to limit 30 the Governor's authority to act without that consultation 31 when the situation calls for prompt and timely action. -11- LRB9210982REsbB 1 Section 10-10. Procedures for declaration. The state of 2 public health emergency shall be declared by an executive 3 order that indicates the nature of the public health 4 emergency, the areas that are or may be threatened, and the 5 conditions that have brought about the public health 6 emergency. 7 Section 10-15. Effect of declaration. The declaration of 8 a state of public health emergency shall activate the 9 disaster response and recovery aspects of the State, local, 10 and inter-jurisdictional disaster emergency plans in the 11 affected political subdivisions or areas. The declaration 12 authorizes the deployment and use of any forces to which the 13 plans apply and the use or distribution of any supplies, 14 equipment, and materials and facilities assembled, 15 stockpiled, or arranged to be made available under this Act. 16 (1) Emergency powers. During a state of public health 17 emergency, the Governor may: 18 (a) Suspend the provisions of any regulatory 19 statute prescribing procedures for conducting State 20 business, or the orders, rules, and regulations of any 21 State agency, if strict compliance would prevent, hinder, 22 or delay necessary action (including emergency purchases) 23 by the public health authority to respond to the public 24 health emergency and increase the health threat to the 25 population. 26 (b) Use all available resources of the State 27 government and its political subdivisions, as reasonably 28 necessary to respond to the public health emergency. 29 (c) Transfer the direction, personnel, or functions 30 of State departments and agencies to perform or 31 facilitate response and recovery programs regarding the 32 public health emergency. 33 (d) Mobilize all or any part of the Illinois -12- LRB9210982REsbB 1 National Guard into service of the State. An order 2 directing the Illinois National Guard to report for 3 active duty shall state the purpose for which it is 4 mobilized and the objectives to be accomplished. 5 (e) Provide aid to and seek aid from other states 6 in accordance with any interstate emergency compact made 7 with this State. 8 (2) Coordination. The public health authority shall 9 coordinate all matters pertaining to the public health 10 emergency response of the State. The public health authority 11 has primary jurisdiction, responsibility, and authority for: 12 (a) Planning and executing public health emergency 13 assessment, mitigation, preparedness response, and 14 recovery for the State. 15 (b) Coordinating public health emergency response 16 between State and local authorities. 17 (c) Collaborating with relevant federal government 18 authorities, elected officials of other states, private 19 organizations, or private sector companies. 20 (d) Coordinating recovery operations and mitigation 21 initiatives subsequent to public health emergencies. 22 (e) Organizing public information activities 23 regarding State public health emergency response 24 operations. 25 (3) Identification. After the declaration of a state of 26 public health emergency, special identification for all 27 public health personnel working during the emergency shall be 28 issued as soon as possible. The identification shall indicate 29 the authority of the bearer to exercise public health 30 functions and emergency powers during the state of public 31 health emergency. Public health personnel shall wear the 32 identification in plain view. 33 Section 10-20. Enforcement. During a state of public -13- LRB9210982REsbB 1 health emergency, the public health authority may request 2 assistance in enforcing orders under this Act from the public 3 safety authority. The public safety authority may request 4 assistance from the Illinois National Guard in enforcing the 5 orders of the public health authority. 6 Section 10-25. Termination of declaration. 7 (1) Executive order. The Governor shall terminate the 8 state of public health emergency by executive order upon 9 finding that the occurrence of an illness or health condition 10 caused by bioterrorism, epidemic or pandemic disease, or 11 novel and highly fatal infectious agents or biological toxins 12 no longer poses a substantial risk of a significant number of 13 human fatalities or incidents of permanent or long-term 14 disability or that the imminent threat of such an occurrence 15 has passed. 16 (2) Automatic termination. Notwithstanding any other 17 provision of this Act, a state of public health emergency 18 shall be terminated automatically 30 days after its 19 declaration unless renewed by the Governor under the same 20 standards and procedures set forth in this Article for a 21 declaration of a state of public health emergency. Any such 22 renewal shall also be terminated automatically after 30 days 23 unless renewed by the Governor under the same standards and 24 procedures set forth in this Article for a declaration of a 25 state of public health emergency. 26 (3) State legislature. By a two-thirds vote of both 27 chambers, the General Assembly may terminate a state of 28 public health emergency after 60 days from the date of 29 original declaration upon finding that the occurrence of an 30 illness or health condition caused by bioterrorism, epidemic 31 or pandemic disease, or novel and highly fatal infectious 32 agents or biological toxins no longer poses a substantial 33 risk of a significant number of human fatalities or incidents -14- LRB9210982REsbB 1 of permanent or long-term disability or that the imminent 2 threat of such an occurrence has passed. Termination by the 3 General Assembly overrides any renewal by the Governor. 4 (4) Content of termination order. All orders terminating 5 a state of public health emergency shall indicate the nature 6 of the emergency, the areas that were threatened, and the 7 conditions that make possible the termination of the state of 8 public health emergency. 9 ARTICLE 15. SPECIAL POWERS DURING STATE OF PUBLIC 10 HEALTH EMERGENCY; CONTROL OF PROPERTY 11 Section 15-5. Emergency measures concerning dangerous 12 facilities and materials. The public health authority may 13 exercise, for such period as the state of public health 14 emergency exists, the following powers over dangerous 15 facilities or materials: 16 (1) Facilities. To close, direct and compel the 17 evacuation of, or to decontaminate or cause to be 18 decontaminated any facility of which there is reasonable 19 cause to believe that it may endanger the public health. 20 (2) Materials. To decontaminate or cause to be 21 decontaminated, or destroy any material of which there is 22 reasonable cause to believe that it may endanger the public 23 health. 24 Section 15-10. Access to and control of facilities and 25 property; generally. The public health authority may 26 exercise, for such period as the state of public health 27 emergency exists, the following powers concerning facilities, 28 materials, roads, or public areas: 29 (1) Use of facilities and materials. To procure, by 30 condemnation (including quick-take under Article VII of the 31 Code of Civil Procedure) or otherwise, construct, lease, -15- LRB9210982REsbB 1 transport, store, maintain, renovate, or distribute materials 2 and facilities as may be reasonable and necessary for 3 emergency response, with the right to take immediate 4 possession. These materials and facilities include, but are 5 not limited to, communication devices, carriers, real estate, 6 fuels, food, clothing, and health care facilities. 7 (2) Use of health care facilities. To compel a health 8 care facility to provide services or the use of its facility 9 if those services or use are reasonable and necessary for 10 emergency response. The use of the health care facility may 11 include transferring the management and supervision of the 12 health care facility to the public health authority for a 13 limited or unlimited period of time, but shall not exceed the 14 termination of the state of public health emergency. 15 (3) Control of materials. To control, restrict, and 16 regulate by rationing and using quotas, prohibitions on 17 shipments, price fixing, allocation, or other means, the use, 18 sale, dispensing, distribution, or transportation of food, 19 fuel, clothing and other commodities, alcoholic beverages, 20 firearms, explosives, and combustibles, as may be reasonable 21 and necessary for emergency response. 22 (4) Control of roads and public areas. 23 (a) To prescribe routes, modes of transportation, 24 and destinations in connection with evacuation of persons 25 or the provision of emergency services. 26 (b) To control ingress and egress to and from any 27 stricken or threatened public area, the movement of 28 persons within the area, and the occupancy of premises in 29 that area, if that action is reasonable and necessary for 30 emergency response. 31 Section 15-15. Safe disposal of infectious waste. The 32 public health authority may exercise, for such period as the 33 state of public health emergency exists, the following powers -16- LRB9210982REsbB 1 regarding the safe disposal of infectious waste: 2 (1) Adopt measures. To adopt and enforce measures to 3 provide for the safe disposal of infectious waste as may be 4 reasonable and necessary for emergency response. These 5 measures may include, but are not limited to, the collection, 6 storage, handling, destruction, treatment, transportation, 7 and disposal of infectious waste. 8 (2) Control of facilities. To compel any business or 9 facility authorized to collect, store, handle, destroy, 10 treat, transport, and dispose of infectious waste under the 11 laws of this State, and any landfill business or other such 12 property, to accept infectious waste, or provide services or 13 the use of the business, facility, or property if that action 14 is reasonable and necessary for emergency response. The use 15 of the business, facility, or property may include 16 transferring the management and supervision of the business, 17 facility, or property to the public health authority for a 18 limited or unlimited period of time, but shall not exceed the 19 termination of the state of public health emergency. 20 (3) Use of facilities. To procure, by condemnation 21 (including quick-take under Article VII of the Code of Civil 22 Procedure) or otherwise, any business or facility authorized 23 to collect, store, handle, destroy, treat, transport, and 24 dispose of infectious waste under the laws of this State and 25 any landfill business or other property as may be reasonable 26 and necessary for emergency response, with the right to take 27 immediate possession. 28 (4) Identification. All bags, boxes, or other containers 29 for infectious waste shall be clearly identified as 30 containing infectious waste. 31 Section 15-20. Safe disposal of corpses. The public 32 health authority may exercise, for such period as the state 33 of public health emergency exists, the following powers -17- LRB9210982REsbB 1 regarding the safe disposal of corpses: 2 (1) Adopt measures. To adopt and enforce measures to 3 provide for the safe disposal of corpses as may be reasonable 4 and necessary for emergency response. These measures may 5 include, but are not limited to, the embalming, burial, 6 cremation, interment, disinterment, transportation, and 7 disposal of corpses. 8 (2) Possession. To take possession or control of any 9 corpse. 10 (3) Disposal. To order the disposal of any corpse of a 11 person who has died of an infectious disease through burial 12 or cremation within 24 hours after death. 13 (4) Control of facilities. To compel any business or 14 facility authorized to embalm, bury, cremate, inter, 15 disinter, transport, and dispose of corpses under the laws of 16 this State to accept any corpse or provide the use of its 17 business or facility if those actions are reasonable and 18 necessary for emergency response. The use of the business or 19 facility may include transferring the management and 20 supervision of the business or facility to the public health 21 authority for a limited or unlimited period of time, but 22 shall not exceed the termination of the state of public 23 health emergency. 24 (5) Use of facilities. To procure, by condemnation 25 (including quick-take under Article VII of the Code of Civil 26 Procedure) or otherwise, any business or facility authorized 27 to embalm, bury, cremate, inter, disinter, transport, and 28 dispose of corpses under the laws of this State as may be 29 reasonable and necessary for emergency response, with the 30 right to take immediate possession. 31 (6) Labeling. Every corpse prior to disposal shall be 32 clearly labeled with all available information to identify 33 the decedent and the circumstances of death. Any corpse of a 34 deceased person with an infectious disease shall have an -18- LRB9210982REsbB 1 external, clearly visible tag indicating that the corpse is 2 infected and, if known, the infectious disease. 3 (7) Identification. Every person in charge of disposing 4 of any corpse shall maintain a written record of each corpse 5 and all available information to identify the decedent and 6 the circumstances of death and disposal. If a corpse cannot 7 be identified, before disposal a qualified person shall, to 8 the extent possible, take fingerprints and one or more 9 photographs of the corpse, and collect a DNA specimen. All 10 information gathered under this paragraph shall be promptly 11 forwarded to the public health authority. 12 Section 15-25. Control of health care supplies. 13 (1) Procurement. The public health authority may 14 purchase and distribute anti-toxins, serums, vaccines, 15 immunizing agents, antibiotics, and other pharmaceutical 16 agents or medical supplies that it deems advisable in the 17 interest of preparing for or controlling a public health 18 emergency, without any additional legislative authorization. 19 (2) Rationing. If a state of public health emergency 20 results in a statewide or regional shortage or threatened 21 shortage of any product covered by item (1) whether or not 22 that product has been purchased by the public health 23 authority, the public health authority may control, restrict, 24 and regulate by rationing and using quotas, prohibitions on 25 shipments, price fixing, allocation or other means, the use, 26 sale, dispensing, distribution, or transportation of the 27 relevant product necessary to protect the health, safety, and 28 welfare of the people of the State. In making rationing or 29 other supply and distribution decisions, the public health 30 authority may give preference to health care providers, 31 disaster response personnel, and mortuary staff. 32 (3) Distribution. During a state of public health 33 emergency, the public health authority may procure, store, or -19- LRB9210982REsbB 1 distribute any anti-toxins, serums, vaccines, immunizing 2 agents, antibiotics, and other pharmaceutical agents or 3 medical supplies located within the State as may be 4 reasonable and necessary for emergency response, with the 5 right to take immediate possession. If a public health 6 emergency simultaneously affects more than one state, nothing 7 in this Section shall be construed to allow the public health 8 authority to obtain anti-toxins, serums, vaccines, immunizing 9 agents, antibiotics, and other pharmaceutical agents or 10 medical supplies for the primary purpose of hoarding those 11 items or preventing their fair and equitable distribution 12 among affected states. 13 Section 15-30. Compensation. The State shall pay just 14 compensation to the owner of any facilities or materials that 15 are lawfully taken or appropriated by a public health 16 authority for its temporary or permanent use under this 17 Article according to the procedures and standards set forth 18 in Section 35-25. Compensation shall not be provided for 19 facilities or materials that are closed, evacuated, 20 decontaminated, or destroyed when there is reasonable cause 21 to believe that they may endanger the public health pursuant 22 to Section 15-5. 23 Section 15-35. Destruction of property. To the extent 24 practical and consistent with the protection of public 25 health, before the destruction of any property under this 26 Article, the public health authority shall institute 27 appropriate civil proceedings against the property to be 28 destroyed in accordance with the existing laws and rules of 29 the courts of this State or any such rules that may be 30 developed by the courts for use during a state of public 31 health emergency. Any property acquired by the public health 32 authority through those proceedings shall, after entry of the -20- LRB9210982REsbB 1 decree, be disposed of by destruction as the court may 2 direct. 3 ARTICLE 20. SPECIAL POWERS DURING STATE OF PUBLIC 4 HEALTH EMERGENCY; CONTROL OF PERSONS 5 Section 20-5. Control of individuals. During a state of 6 public health emergency, the public health authority shall 7 use every available means to prevent the transmission of 8 infectious disease and to ensure that all cases of infectious 9 disease are subject to proper control and treatment. 10 Section 20-10. Mandatory medical examinations. The public 11 health authority may exercise, for such period as the state 12 of public health emergency exists, the following emergency 13 powers over persons: 14 (1) Individual examination or testing. To compel a 15 person to submit to a physical examination, testing, or both 16 as necessary to diagnose or treat the person. 17 (a) The medical examination and testing may be 18 performed by any qualified person authorized by the 19 public health authority. 20 (b) The medical examination and testing must not be 21 reasonably likely to result in serious harm to the 22 affected individual. 23 (c) The medical examination and testing shall be 24 performed immediately upon the order of the public health 25 authority without resort to judicial or quasi-judicial 26 authority. 27 (d) Any person who knowingly refuses to submit to 28 the medical examination or testing commits a Class A 29 misdemeanor. If the public health authority is uncertain 30 whether a person who refuses to undergo medical 31 examination or testing may have been exposed to an -21- LRB9210982REsbB 1 infectious disease or otherwise poses a danger to public 2 health, the public health authority may subject the 3 individual to isolation or quarantine as provided in this 4 Article. 5 (2) Health care provider assistance. To require any 6 physician or other health care provider to perform the 7 medical examination, testing, or both. Any person who 8 knowingly refuses to perform the medical examination or test 9 commits a Class A misdemeanor. 10 (3) Enforcement. An order of the public health authority 11 given to effectuate the purposes of this Section is 12 immediately enforceable by any peace officer. 13 Section 20-15. Isolation and quarantine. 14 (1) State policy and powers. It is the policy of the 15 State that the individual dignity of any person isolated or 16 quarantined during a state of public health emergency shall 17 be respected at all times and upon all occasions. The needs 18 of persons isolated or quarantined shall be addressed in a 19 systematic and competent fashion. To the extent possible, the 20 premises in which persons are isolated or quarantined shall 21 be maintained in safe and hygienic manners and designed to 22 minimize the likelihood of further transmission of infection 23 or other harm to persons subject to isolation or quarantine. 24 Adequate food, clothing, medication, and other necessities 25 and competent medical care shall be provided. Consistent with 26 this policy, the public health authority may exercise, for 27 such period as the state of public health emergency exists, 28 the following emergency powers over persons: 29 (a) To establish and maintain places of isolation 30 and quarantine. 31 (b) To require isolation or quarantine of any 32 person by the least restrictive means necessary to 33 protect the public health. All reasonable means shall be -22- LRB9210982REsbB 1 taken to prevent the transmission of infection among the 2 isolated or quarantined individuals. 3 (2) Individual cooperation. A person subject to 4 isolation or quarantine shall obey the public health 5 authority's rules and orders, shall not go beyond the 6 isolation or quarantine premises, and shall not put himself 7 or herself in contact with any person not subject to 8 isolation or quarantine other than a physician or other 9 health care provider, public health authority, or person 10 authorized to enter an isolation or quarantine premises by 11 the public health authority. A person who knowingly fails to 12 obey these provisions commits a Class A misdemeanor. 13 (3) Unauthorized entry. No person, other than a person 14 authorized by the public health authority, shall enter an 15 isolation or quarantine premises. If any person knowingly 16 enters an isolation or quarantine premises without permission 17 of the public health authority, that person commits a Class A 18 misdemeanor. If, by reason of an unauthorized entry into an 19 isolation or quarantine premises, the person poses a danger 20 to public health, he or she may be subject to isolation or 21 quarantine pursuant to the provisions of this Article. 22 (4) Termination. Isolation or quarantine of any person 23 shall be terminated when the public health authority 24 determines that the isolation or quarantine of that person is 25 no longer necessary to protect the public health. 26 (5) Due process. 27 (a) Before isolating or quarantining a person, the 28 public health authority shall obtain a written, ex parte 29 order from a court of this state authorizing that action. 30 The court shall grant the order upon finding that 31 probable cause exists to believe isolation or quarantine 32 is warranted under the provisions of this Act. A copy of 33 the authorizing order shall be given to the person 34 isolated or quarantined, along with notification that the -23- LRB9210982REsbB 1 person has a right to a hearing under this Section. 2 (b) Notwithstanding the preceding subparagraph (a), 3 the public health authority may isolate or quarantine a 4 person without first obtaining a written, ex parte order 5 from the court if any delay in the isolation or 6 quarantine of the person would pose an immediate threat 7 to the public health. Following the isolation or 8 quarantine, the public health authority shall promptly 9 obtain a written, ex parte order from the court 10 authorizing the isolation or quarantine. 11 (c) A person isolated or quarantined under the 12 provisions of subparagraphs (a) or (b) has the right to a 13 court hearing to contest the ex parte order. If the 14 person or his or her representative requests a hearing, 15 the hearing shall be held within 72 hours after receipt 16 of the request, excluding Saturdays, Sundays, and legal 17 holidays. The request must be in writing. A request for a 18 hearing shall not stay the order of isolation or 19 quarantine. At the hearing, the public health authority 20 must show that the isolation or quarantine is warranted 21 under this Section. 22 (d) On or after 30 days following a hearing on the 23 ex parte order or such hearing as is provided for in this 24 subparagraph, a person isolated or quarantined pursuant 25 to this Section may request in writing a court hearing to 26 contest his or her continued isolation or quarantine. The 27 hearing shall be held within 72 hours after receipt of 28 the request, excluding Saturdays, Sundays, and legal 29 holidays. A request for a hearing shall not alter the 30 order of isolation or quarantine. At the hearing, the 31 public health authority must show that continuation of 32 the isolation or quarantine is warranted under this 33 Section. 34 (e) A person isolated or quarantined under this -24- LRB9210982REsbB 1 Section may request a hearing in the courts of this State 2 for remedies regarding his or her treatment and the terms 3 and conditions of the quarantine or isolation. Upon 4 receiving a request for either type of hearing described 5 in this subparagraph, the court shall fix a date for a 6 hearing. The hearing shall take place within 10 days 7 after the receipt of the request by the court. The 8 request for a hearing shall not alter the order of 9 isolation or quarantine. 10 (f) If, upon a hearing, the court finds that the 11 isolation or quarantine of the individual is not 12 warranted under the provisions of this Section, then the 13 person shall be released from isolation or quarantine. If 14 the court finds that the isolation or quarantine of the 15 individual is not in compliance with this Act, the court 16 may then fashion remedies appropriate to the 17 circumstances of the state of public health emergency and 18 in keeping with the provisions of this Act. 19 (g) Judicial decisions shall be based upon clear 20 and convincing evidence, and a written record of the 21 disposition of the case shall be made and retained. The 22 petitioner has the right to be represented by counsel or 23 other lawful representative. The manner in which the 24 request for a hearing is filed and acted upon shall be in 25 accordance with the existing laws and rules of the courts 26 of this State or any such rules that are developed by the 27 courts for use during a state of public health emergency. 28 Section 20-20. Vaccination and treatment. The public 29 health authority may exercise, for such period as the state 30 of public health emergency exists, the following emergency 31 powers over persons: 32 (1) In general. To compel a person to be vaccinated or 33 treated for an infectious disease. -25- LRB9210982REsbB 1 (a) Vaccination may be performed by any qualified 2 person authorized by the public health authority. 3 (b) The vaccine shall not be given if the public 4 health authority has reason to know that a particular 5 individual is likely to suffer from serious harm from the 6 vaccination. 7 (c) Treatment may be performed by any qualified 8 person authorized by the public health authority. 9 (d) Treatment must not be such as is reasonably 10 likely to lead to serious harm to the affected 11 individual. 12 (2) Refusal. A person who knowingly refuses to be 13 vaccinated or treated commits a Class A misdemeanor. If, by 14 reason of refusal of vaccination or treatment, the person 15 poses a danger to the public health, he or she may be subject 16 to isolation or quarantine pursuant to the provisions of this 17 Article. 18 (3) Enforcement. An order of the public health authority 19 given to effectuate the purposes of this Section is 20 immediately enforceable by any peace officer. 21 Section 20-25. Collection of laboratory specimens; 22 performance of tests. The public health authority may, for 23 such period as the state of public health emergency exists, 24 collect specimens and perform tests on any person or animal, 25 living or deceased, and acquire any previously collected 26 specimens or test results that are reasonable and necessary 27 for emergency response. 28 (1) Marking. All specimens shall be clearly marked. 29 (2) Contamination. Specimen collection, handling, 30 storage, and transport to the testing site shall be performed 31 in a manner that will reasonably preclude specimen 32 contamination or adulteration and provide for the safe 33 collection, storage, handling, and transport of the specimen. -26- LRB9210982REsbB 1 (3) Chain of custody. Any person authorized to collect 2 specimens or perform tests shall use chain of custody 3 procedures to ensure proper record keeping, handling, 4 labeling, and identification of specimens to be tested. This 5 requirement applies to all specimens, including specimens 6 collected using on-site testing kits. 7 (4) Criminal investigation. Recognizing that, during a 8 state of public health emergency, any specimen collected or 9 test performed may be evidence in a criminal investigation, 10 any business, facility, or agency authorized to collect 11 specimens or perform tests shall provide such support as is 12 reasonable and necessary to aid in a relevant criminal 13 investigation. 14 Section 20-30. Access and disclosure of patient records. 15 (1) Access to patient records. Access to protected 16 health information of patients under the isolation, 17 quarantine, or care of the public health authority shall be 18 limited to those persons having a legitimate need to acquire 19 or use the information for purposes of providing treatment or 20 care to the individual who is the subject of the health 21 information, conducting epidemiologic research, or 22 investigating the causes of transmission. 23 (2) Disclosure of patient records. Protected health 24 information held by the public health authority shall not be 25 disclosed to others without individual specific informed 26 consent, except for disclosures made: 27 (a) directly to the individual; 28 (b) to the individual's immediate family members or 29 life partners; 30 (c) to appropriate federal agencies or authorities; 31 (d) to health care personnel where needed to 32 protect the health or life of the individual who is the 33 subject of the information; -27- LRB9210982REsbB 1 (e) pursuant to a court order or executive order of 2 the Governor to avert a clear danger to an individual or 3 the public health; or 4 (f) to identify a deceased individual or determine 5 the manner or cause of death. 6 Section 20-35. Licensing and appointment of health 7 personnel. The public health authority may exercise, for such 8 period as the state of public health emergency exists, the 9 following emergency powers regarding licensing of health 10 personnel: 11 (1) Health care providers from other jurisdictions. To 12 appoint and prescribe the duties of such out-of-state 13 emergency health care providers as may be reasonable and 14 necessary for emergency response. 15 (a) The appointment of out-of-state emergency 16 health care providers under this Section may be for a 17 limited or unlimited time, but shall not exceed the 18 termination of the state of public health emergency. The 19 public health authority may terminate the out-of-state 20 appointments at any time or for any reason if the 21 termination will not jeopardize the health, safety, and 22 welfare of the people of this State. 23 (b) The public health authority may waive any or 24 all licensing requirements, permits, or fees required by 25 State statutes and applicable orders, rules, or 26 regulations for health care providers from other 27 jurisdictions to practice in this State. 28 (c) Any out-of-state emergency health care provider 29 appointed under this Section shall not be held liable for 30 any civil damages as a result of medical care or 31 treatment related to the emergency response unless the 32 damages result from providing, or failing to provide, 33 medical care or treatment under circumstances -28- LRB9210982REsbB 1 demonstrating a reckless disregard for the consequences 2 so as to affect the life or health of the patient. 3 (2) Personnel to perform duties of medical examiner or 4 coroner. To authorize the medical examiner or coroner to 5 appoint and prescribe the duties of emergency assistant 6 medical examiners or coroners as may be required for the 7 proper performance of the duties of the office. 8 (a) The appointment of emergency assistant medical 9 examiners or coroners under this Section may be for a 10 limited or unlimited time, but shall not exceed the 11 termination of the state of public health emergency. The 12 medical examiner or coroner may terminate emergency 13 appointments at any time or for any reason if the 14 termination will not impede the performance of the duties 15 of the office. 16 (b) The medical examiner or coroner may waive any 17 or all licensing requirements, permits, or fees required 18 by the State statutes and applicable orders, rules, or 19 regulations for the performance of these duties. 20 (c) Any emergency assistant medical examiner or 21 coroner appointed under this Section and acting without 22 malice and within the scope of the prescribed duties is 23 immune from civil liability in the performance of those 24 duties. 25 ARTICLE 25. PUBLIC INFORMATION REGARDING PUBLIC 26 HEALTH EMERGENCY 27 Section 25-5. Dissemination of information. The public 28 health authority shall inform the people of the State when a 29 state of public health emergency has been declared or 30 terminated, how to protect themselves, and what actions are 31 being taken to control the emergency. 32 (1) Means of dissemination. The public health authority -29- LRB9210982REsbB 1 shall provide information by all available and reasonable 2 means calculated to bring the information promptly to the 3 attention of the general public. 4 (2) Languages. If the public health authority has reason 5 to believe there are people of the State who lack sufficient 6 skills in English to understand the information, the public 7 health authority shall make reasonable efforts to provide the 8 information in the primary languages of those people as well 9 as in English. 10 (3) Accessibility. The provision of information shall be 11 made in a manner accessible to individuals with disabilities. 12 Section 25-10. Provision of access to mental health 13 support personnel. During and after a state of public health 14 emergency, the public health authority shall provide 15 information about and referrals to mental health support 16 personnel to address psychological responses to the public 17 health emergency. 18 ARTICLE 30. PLANNING FOR PUBLIC HEALTH EMERGENCY 19 Section 30-5. Public Health Emergency Planning 20 Commission. The Governor shall appoint a Public Health 21 Emergency Planning Commission, consisting of the State 22 directors, or their designees, of agencies the Governor deems 23 relevant to public health emergency preparedness, and any 24 other persons chosen by the Governor. The Governor shall 25 designate the chair of the Commission. 26 Section 30-10. Public Health Emergency Plan. 27 (1) Content. The Commission shall, within 6 months after 28 its appointment, deliver to the Governor a plan for 29 responding to a public health emergency, that includes 30 provisions for the following: -30- LRB9210982REsbB 1 (a) A means of notifying and communicating with the 2 population during a state of public health emergency in 3 compliance with this Act. 4 (b) Centralized coordination of resources, 5 manpower, and services, including coordination of 6 responses by State, local, and federal agencies. 7 (c) The location, procurement, storage, 8 transportation, maintenance, and distribution of 9 essential materials, including medical supplies, drugs, 10 vaccines, food, shelter, and beds. 11 (d) The continued, effective operation of the 12 judicial system including, if deemed necessary, the 13 identification and training of personnel to serve as 14 emergency judges regarding matters of isolation and 15 quarantine as described in this Act. 16 (e) The method of evacuating populations, and 17 housing and feeding the evacuated populations. 18 (f) The identification and training of health care 19 providers to diagnose and treat persons with infectious 20 diseases. 21 (g) Guidelines for the vaccination of persons, in 22 compliance with this Act. 23 (h) Guidelines for the treatment of persons who 24 have been exposed to or who are infected with diseases or 25 health conditions caused by bioterrorism, epidemic or 26 pandemic disease, or novel and highly fatal infectious 27 agents or biological toxins, that pose a substantial risk 28 of a significant number of fatalities or incidents of 29 permanent or long-term disability. The guidelines should 30 cover, but not be limited to, the following diseases: 31 anthrax, botulism, smallpox, plague, tularemia, and viral 32 hemorrhagic fevers. 33 (i) Guidelines for the safe disposal of corpses, in 34 compliance with this Act. -31- LRB9210982REsbB 1 (j) Guidelines for the safe disposal of infectious 2 waste, in compliance with this Act. 3 (k) Guidelines for the safe and effective 4 management of persons isolated, quarantined, vaccinated, 5 or treated during a state of public health emergency. 6 (l) Tracking the source and outcomes of infected 7 persons. 8 (m) Ensuring that each municipality and county 9 within the State identifies the following: 10 (A) sites where persons can be isolated or 11 quarantined that comply with this Act regarding the 12 least restrictive means for isolation and 13 quarantine, and the requirements for the safety, 14 health, and maintenance of personal dignity of those 15 isolated or quarantined; 16 (B) sites where medical supplies, food, and 17 other essentials can be distributed to the 18 population; 19 (C) sites where emergency workers can be 20 housed and fed; and 21 (D) routes and means of transportation of 22 people and materials. 23 (n) Coordination with other states and the federal 24 government. 25 (o) Taking into account cultural norms, values, and 26 traditions that may be relevant. 27 (p) Distribution of this plan and guidelines to 28 those who will be responsible for implementing the plan. 29 (q) Other measures necessary to carry out the 30 purposes of this Act. 31 (2) Review. The Commission shall review its plan for 32 responding to a public health emergency every 2 years. 33 ARTICLE 35. MISCELLANEOUS -32- LRB9210982REsbB 1 Section 35-5. Titles. For the purposes of this Act, 2 titles and subtitles of Articles, Sections, and subsections 3 are instructive, but not binding. 4 Section 35-10. Rules. The public health authority must 5 adopt rules that are reasonable and necessary to implement 6 and effectuate this Act. The public health authority may 7 enforce the provisions of this Act through the imposition of 8 fines and penalties, the issuance of orders, and such other 9 remedies as are provided by law, but nothing in this Section 10 shall be construed to limit specific enforcement powers 11 enumerated in this Act. 12 Section 35-15. Financing and expenses. 13 (1) Transfer of funds. The Governor may transfer from 14 any fund available to the Governor in the State treasury such 15 sums as may be necessary to meet the public health emergency. 16 (2) Repayment. Moneys so transferred shall be repaid to 17 the fund from which they were transferred when moneys become 18 available for that purpose, by legislative appropriation or 19 otherwise. 20 (3) Conditions. A transfer of funds by the Governor 21 under the provisions of this Section may be made only when 22 one or more of the following conditions exist: 23 (a) No appropriation or other authorization is 24 available to meet the public health emergency. 25 (b) An appropriation is insufficient to meet the 26 public health emergency. 27 (c) Federal moneys available for such a public 28 health emergency require the use of State or other public 29 moneys. 30 (4) Expenses. All expenses incurred by the State during 31 a state of public health emergency shall be subject to the 32 following limitations: -33- LRB9210982REsbB 1 (a) No expense shall be incurred against the moneys 2 authorized under this Section, without the approval of 3 the Governor. 4 (b) The aggregate amount of all expenses incurred 5 under the provisions of this Section shall not exceed 6 $50,000,000 for any fiscal year. 7 (c) Moneys authorized for a state of public health 8 emergency in prior fiscal years may be used in subsequent 9 fiscal years only for the public health emergency for 10 which they were authorized. Moneys authorized for a 11 public health emergency in prior fiscal years, and 12 expended in subsequent fiscal years for the public health 13 emergency for which they were authorized, apply toward 14 the $50,000,000 expense limit for the fiscal year in 15 which they were authorized. 16 Section 35-20. Liability. 17 (1) State immunity. Neither the State, its political 18 subdivisions, nor, except in cases of gross negligence or 19 willful misconduct, the Governor, the public health 20 authority, or any other State official referenced in this 21 Act, is liable for the death of or any injury to persons, or 22 damage to property, as a result of complying with or 23 attempting to comply with this Act or any rule adopted under 24 this Act. 25 (2) Private liability. 26 (a) During a state of public health emergency, any 27 person owning or controlling real estate or other 28 premises who voluntarily and without compensation grants 29 a license or privilege, or otherwise permits the 30 designation or use of the whole or any part or parts of 31 that real estate or premises for the purpose of 32 sheltering persons, together with that person's 33 successors in interest, if any, is not civilly liable for -34- LRB9210982REsbB 1 negligently causing the death of, or injury to, any 2 person on or about the real estate or premises under the 3 license, privilege, or other permission, or for 4 negligently causing loss of, or damage to, the property 5 of that person. 6 (b) During a state of public health emergency, any 7 private person, firm, or corporation and employees and 8 agents of that person, firm, or corporation in the 9 performance of a contract with, and under the direction 10 of, the State or its political subdivisions under this 11 Act is not civilly liable for causing the death of, or 12 injury to, any person or damage to any property except in 13 the event of gross negligence or willful misconduct. 14 (c) During a state of public health emergency, any 15 private person, firm, or corporation and employees and 16 agents of that person, firm, or corporation, who renders 17 assistance or advice at the request of the State or its 18 political subdivisions under this Act is not civilly 19 liable for causing the death of, or injury to, any person 20 or damage to any property except in the event of gross 21 negligence or willful misconduct. 22 (d) The immunities provided in this Section do not 23 apply to any private person, firm, or corporation or 24 employees and agents of that person, firm, or corporation 25 whose act or omission caused in whole or in part the 26 public health emergency and who would otherwise be liable 27 for that act or omission. 28 Section 35-25. Compensation. 29 (1) Taking. Compensation for property shall be made only 30 if private property is lawfully taken or appropriated by a 31 public health authority for its temporary or permanent use 32 during a state of public health emergency declared by the 33 Governor under this Act. -35- LRB9210982REsbB 1 (2) Actions. Any action against the State with regard to 2 the payment of compensation shall be brought in the courts of 3 this State in accordance with existing court laws and rules, 4 or any such rules that may be developed by the courts for use 5 during a state of public health emergency. 6 (3) Amount. The amount of compensation shall be 7 calculated in the same manner as compensation due for taking 8 of property pursuant to non-emergency eminent domain 9 procedures, as provided in Article VII of the Code of Civil 10 Procedure, except that the amount of compensation calculated 11 for items obtained under Section 15-25 shall be limited to 12 the costs incurred to produce the item. 13 Section 35-30. Severability. The provisions of this Act 14 are severable under Section 1.31 of the Statute on Statutes. 15 Section 35-35. Saving clause. This Act does not 16 explicitly preempt other laws or regulations that preserve to 17 a greater degree the powers of the Governor or public health 18 authority, provided such laws or regulations are consistent, 19 and do not otherwise restrict or interfere, with the 20 operation or enforcement of the provisions of this Act. 21 Section 35-40. Conflicting laws. 22 (1) Federal supremacy. This Act does not restrict any 23 person from complying with federal law or regulations. 24 (2) Prior conflicting acts. To the extent of any 25 conflict between this Act and other State or local laws, 26 rules, or regulations concerning public health powers, the 27 provisions of this Act apply, but only to the extent of the 28 conflict and only to the extent necessary to carry out the 29 underlying purposes of this Act. 30 Section 35-45. Reports. Not later than 90 days after the -36- LRB9210982REsbB 1 effective date of this Act, and every 12 months thereafter, 2 the Governor shall transmit to the General Assembly a report 3 that includes: 4 (1) A description of the detection and tracking efforts 5 made under this Act. 6 (2) A description of any state of public health 7 emergency declared under this Act. 8 (3) A description of the emergency powers used under 9 this Act. 10 (4) A description of the moneys transferred and 11 liabilities and expenses incurred under this Act. 12 Section 35-50. Home rule. All units of local government, 13 including home rule units, and school districts must comply 14 with the provisions of this Act. All units of local 15 government, including home rule units, and school districts 16 must act in a manner consistent with the provisions of this 17 Act. This Act is a denial and limitation of home rule powers 18 and functions under subsection (i) of Section 6 of Article 19 VII of the Illinois Constitution. 20 ARTICLE 90. AMENDATORY PROVISIONS 21 Section 90-5. The State Mandates Act is amended by 22 adding Section 8.26 as follows: 23 (30 ILCS 805/8.26 new) 24 Sec. 8.26. Exempt mandate. Notwithstanding Sections 6 25 and 8 of this Act, no reimbursement by the State is required 26 for the implementation of any mandate created by the Illinois 27 Emergency Health Powers Act. 28 Section 90-10. The Code of Civil Procedure is amended by 29 adding Section 7-103.139 as follows: -37- LRB9210982REsbB 1 (735 ILCS 5/7-103.139 new) 2 Sec. 7-103.139. Quick-take; public health emergencies. 3 Quick-take proceedings under Section 7-103 may be used as 4 provided in the Illinois Emergency Health Powers Act. 5 ARTICLE 99. EFFECTIVE DATE 6 Section 99-1. Effective date. This Act takes effect upon 7 becoming law.
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