Bill Text: IL HB2879 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2021-12-29 - Added Co-Sponsor Rep. Amy Grant [HB2879 Detail]

Download: Illinois-2021-HB2879-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB2879 Introduced , 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.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Emergency Management Agency Act is
amended by changing Section 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

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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.

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(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

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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

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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

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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.)

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