HB2879 102ND GENERAL ASSEMBLY

LRB102 14634 RLC 19987 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2879

Introduced 2/19/2021, by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:

20 ILCS 3305/2

from Ch. 127, par. 1052

Amends the Illinois Emergency Management Agency Act. Provides that it is not the purpose of the Act or the policy of the State that the Act be used to combat the spread of any or every new disease. Provides that to the extent the Act is used to combat disease, the State has the burden to show that the disease in question is: (1) a bioweapon associated with domestic insurrection or a foreign agent, power or state; or whether local health departments and infrastructure have been destroyed or rendered incapacitated such that massive loss of life (at least 5% of a given population) is imminent within the next 30 days. Provides that any action or inaction by or on behalf of the State, the Governor, or any executive officer or agency and for which the State, the Governor, or executive officer or agency invokes the Act under the auspices of combatting disease in any generalized way, if under review by a court, shall have certain specified rules of statutory construction applied by the court. Provides that no injunction shall be issued against an individual or entity without the following: (1) the court must make specific findings that an injunction, as applied to the specific individual or entity is in the public interest and for the benefit of the public as a whole; and (2) the State posting a bond to protect the individual or entity from damages. Provides that if harm to the individual or entity involves the free exercise of speech, religion, assembly, education, or the right to earn a living, damages shall in no event be set less than $500 per individual or entity impacted, per occurrence, per day. Provides that the amount shall be indexed to inflation beginning in 2021. Effective immediately.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Emergency Management Agency Act is amended by changing Section 2 as follows:

(20 ILCS 3305/2) (from Ch. 127, par. 1052)

Sec. 2. Policy and Purposes.

(a) Because of the possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from the explosion in this or in neighboring states of atomic or other means from without or by means of sabotage or other disloyal actions within, or from fire, flood, earthquake, telecommunications failure, or other natural or technological causes, and in order to insure that this State will be prepared to and will adequately deal with any disasters, preserve the lives and property of the people of this State and protect the public peace, health, and safety in the event of a disaster, it is found and declared to be necessary:

(1) To create an Illinois Emergency Management Agency and to authorize emergency management programs within the political subdivisions of the State.

(2) To confer upon the Governor and upon the principal executive officer of the political subdivisions of the State the powers provided herein.

(3) To provide for the rendering of mutual aid among the political subdivisions and taxing districts of the State and with other states and with respect to the carrying out of an emergency management program.

(b) It is further declared to be the purpose of this Act and the policy of the State that all emergency management programs of this State be coordinated to the maximum extent with the comparable programs of the federal government, including its various departments and agencies, of other states and localities and private agencies of every type, to the end that the most effective preparation and use may be made of the nation's resources and facilities for dealing with any disaster that may occur.

(c) It is further declared that it is not the purpose of this Act or the policy of the State that this Act be used to combat the spread of any or every new disease. To the extent this Act is used to combat disease, the State has the burden to show that the disease in question is:

(1) a bioweapon associated with domestic insurrection or a foreign agent, power or state; or

(2) whether local health departments and infrastructure have been destroyed or rendered incapacitated such that massive loss of life (at least 5% of a given population) is imminent within the next 30 days.

(d) Any action or inaction by or on behalf of the State, the Governor, or any executive officer or agency and for which the State, the Governor, or executive officer or agency invokes this Act under the auspices of combatting disease in any generalized way, if under review by a court, shall have the following rules of statutory construction applied by the court:

(1) The action shall be presumed invalid and subject to strict scrutiny.

(2) The balance of any equities must be in favor of protection and preservation of individual and civil liberties.

(3) The burden of proof shall be on the State to establish any fact by at least clear and convincing evidence.

(4) The court may not presume agency expertise or give deference to the Governor or any executive officer or agency on questions of scientific analysis, particularly for any disease that is newly discovered.

(5) Any impacted individual or entity has a due process right to counsel and to have counsel appointed for the person or entity, at the cost of the State, by a court. If the State has not funded appropriations for this purpose, the State may not use this Act to initiate actions against any legal Illinois resident.

(6) All data that the State, Governor, or executive officer or agency is relying on to justify the action or inaction must be produced to an impacted individual or entity, and the impacted individual or entity must have at least 5 calendar days to respond before any action may be taken against the individual or entity that impairs or infringes the individual's or entity's civil liberties, property, business, or place of worship.

(7) No injunction shall be issued against an individual or entity without the following:

(A) The court must make specific findings that an injunction, as applied to the specific individual or entity is in the public interest and for the benefit of the public as a whole.

(B) The State posting a bond to protect the individual or entity from damages. If harm to the individual or entity involves the free exercise of speech, religion, assembly, education, or the right to earn a living, damages shall in no event be set less than $500 per individual or entity impacted, per occurrence, per day. The amount shall be indexed to inflation beginning in 2021.

(8) Any unit of local government, school district, whether a home rule unit or non-home rule unit, may secure injunctive relief against the State, the Governor, or any executive officer or agency on behalf of its residents if the State seeks to condition its receipt of a governmental benefit, including, but not limited to, licensing, funding, or capital expenditures. Counsel for the entity shall be appointed by the court if requested.

(9) The right to a speedy trial in any criminal matter subject to this subsection may not be suspended:

(A) absent consent of the defendant; or

(B) if the defendant is experiencing an active diseased state that would be a threat to others and no reasonable accommodation can be made.

(10) All postponements by the prosecution or court in a matter subject to the emergency provisions of this Act that collectively exceed 180 calendar days are presumptively invalid.

(11) Defendants in custody awaiting trial are presumed to be suffering prejudice for any delay, not consented to by defendant, in excess of 90 days.

(12) Blanket orders by the court suspending trials in general are null and void after 30 days and may not be renewed absent approval of a resolution by majority vote of both the House and Senate of the General Assembly.

(13) The court may not use any action, inaction, specificity, or lack of specificity by the General Assembly as justifying, permitting, or approving of the action or inaction by or on behalf of the State, the Governor, or any executive officer or agency unless:

(A) both the House and Senate of the General Assembly have issued a resolution, by majority vote, approving of the action; or

(B) legislation exists that authorizes the specific action or inaction by or on behalf of the State, the Governor, or any executive officer or agency. Exercise of governmental powers without express, knowing, affirmative legislative approval shall be construed narrowly and against the State, the Governor, or executive officer or agency. Failure of the State, the Governor, or executive officer or agency to secure the approval from the General Assembly shall be construed against the State, the Governor, or executive officer or agency operating under the authority of this Act. The only exceptions to this provision are as follows:

(i) if neither house of the General Assembly can be populated so as to secure a Constitutional quorum. Under that circumstances, the Governor's power shall be limited to 30 days, with no extensions unless further authorized by legislative resolution by majority vote; or

(ii) unanimous decision of the President of the Senate, Senate Minority Leader, Speaker of the House of Representatives, and House Minority Leader.

(Source: P.A. 87-168; 88-606, eff. 1-1-95.)

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