On emergency authority

Section 7 of the Illinois Emergency Management Agency Act (20 ILCS 3305) grants the governor the authority to exercise any one of 14 emergency powers "for a period not to exceed 30 days" in the event of a disaster, as defined in Section 4 of the act.

However, the act makes no provision for what should occur at the end of the 30-day period. Exploiting this ambiguity, Gov. Pritzker filed his 15th disaster proclamation on April 2, allowing him to start a new 30-day period in which to exercise his emergency powers. The courts have held that his disaster proclamations and his executive orders are legal under the act.

When the governor finally decides that all 102 Illinois counties are no longer considered disaster areas (as they have been in each of the 15 disaster proclamations) and he allows the declaration to expire, the act should be amended to allow the General Assembly (the people's representatives) a voice in the state's response to any future emergencies after the initial 30-day period.

While the people rely on the executive branch to respond quickly and unilaterally to an emergency, allowing the governor to exercise his or her emergency powers for as long as they can satisfy the act's definition of a disaster (13 months so far) is granting too much power to the executive branch and unelected bureaucrats.

Randy Harris

Campton Hills