Illinois state agency’s expanded emergency powers bill progresses

A new legislation currently being considered in the Illinois House proposes granting the Illinois Emergency Management Agency the authority to undertake any actions that are deemed necessary, incidental, or appropriate for the effective implementation of the Illinois Emergency Management Agency Act.

Opponents of Senate Bill 3434 argue that the emergency authority in Illinois is already sufficient under the Pritzker administration and that granting more power would lack proper oversight. State Sen. Win Stoller, R-Germantown Hills, expresses concerns that the bill bestows extraordinary power upon the department’s rulemaking authority and circumvents the legislative process.

“The bill’s language indicates that the agency is granted extensive authority to carry out various tasks for the implementation of the Illinois Emergency Management Agency Act, including the adoption of rules in accordance with the Illinois Administrative Procedures Act. This level of power being sought by the department raises the question of why it is deemed necessary,” Stoller expressed. “During the committee discussion, it was mentioned that there are instances where we have to trust the department to make appropriate decisions. However, I can’t help but feel uneasy when the government asks us to simply ‘trust them’.”

Between February and August 2023, an IMEA executive assistant appointed by Gov. J.B. Pritzker recorded billings totaling $240,761.30, which is twice the amount of her boss’s salary. Alicia Tate-Nadeau was appointed by Pritzker in 2019 to head the state agency responsible for managing pandemics, natural disasters, and the arrival of migrants. Surprisingly, her assistant, Amy Gentry, earned more than Tate-Nadeau in less than a year.

According to Stoller, there are instances when emergencies call for immediate action. However, there is already an existing mechanism in place that enables the governor to declare 30-day emergency declarations and disasters.

According to Stoller, Governor Pritzker has frequently abused his authority by issuing multiple asylum declarations for asylum seekers over the past two years. Stoller expressed his concern on the Senate floor, stating that the governor has been bypassing the legislative process and using his power in an excessive manner.

The declaration of ongoing migrant disasters, which started in August 2022, follows a series of COVID-19 disaster proclamations that began in March 2020 and lasted for over three years.

According to Stoller, emergency powers are meant to be temporary in nature. He emphasizes that the legislature, being more accountable to and closer to the voters, is a better option than the governor.

According to Stoller, “The governor’s unelected bureaucracy in the executive branch makes it much more difficult for my constituents to contact me. As representatives, we are far more accessible and accountable than the governor.”

Stoller emphasized the need for the legislative branch to intervene and engage in policy discussions, rather than relying solely on declarations by Pritzker and granting more power to IEMA through the passing of SB3434.

The measure was introduced by State Sen. Celina Villanueva, D-Chicago.

According to Villanueva, the purpose of this bill is to grant IEMA the necessary authority to respond quickly and effectively to emergency situations. He explains that the aim is to address incidents as they arise and have the flexibility to take immediate action.

The Illinois Senate approved the measure last week, and it is now ready for consideration in the Illinois House.

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MBS Staff
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