IL SB3434 expands emergency agency powers; critics cite lack of oversight and excessive executive control.
May 8, 2024
IL SB3434 expands emergency agency powers; critics cite lack of oversight and excessive executive control.
A bill currently in the Illinois House would amend the Illinois Emergency Management Agency Act by authorizing the Illinois Emergency Management Agency and Office of Homeland Security to set forth guidelines for implementing its State-funded grant programs. A relevant provision of the bill states that the Illinois Emergency Management Agency shall “do all other things necessary, incidental or appropriate for the implementation of this Act.”
This language has caused concern among some state representatives. Opposition to the bill has pointed out what they say is a lack of proper oversight.
Section 5 of the Act provides for a Director of the Illinois Emergency Management Agency to be appointed by the Governor, with the advice and consent of the Senate, to serve for a period of two years. Governor J.B. Pritzker appointed Alicia Tate-Nadeau in 2019 as the head of the agency and tasked her with overseeing natural disasters and, more crucially to the following years, pandemics and an influx of migrants. The Director’s salary is set in the Act at $180,000, which was surpassed by more than double that amount in the billings accumulated by the Director’s executive assistant just between February and August of 2023.
State Senator Win Stoller of Germantown Hills voiced his apprehension about the broad nature of the powers this bill would grant the agency’s rulemaking authority, how it bypasses the legislature, and what he believes makes this unnecessarily long-term.
Representative Stoller points out that emergencies sometimes require rapid responses and that there is already a mechanism in place allowing the Governor to declare 30-day emergencies. He says the Governor has implemented such emergency declarations repeatedly and that they have been ongoing for over two years.
There is currently an emergency declaration in place to address the issue of asylum seekers which has stretched the state’s resources. Stoller believes that the Governor is abusing his authority by overuse of such declarations and by sidelining legislators when it comes to adopting methods of dealing with such issues that may take longer than repeatedly invoking an emergency declaration meant to address short-term disasters.
Stoller also feels that constituents should be able to have more input via their local elected representatives rather than through the state executive branch. He says it is the role of the legislature to work towards solutions. State Senator Celina Villanueva of Chicago introduced the bill, stating that one of the goals is the ability for the agency to have flexibility in executing decisions in a quicker manner than waiting for the legislature to debate what next steps should be.
The rulemaking process in the State of Illinois is beholden to the Illinois Administrative Procedure Act. Under this act, an oversight committee ensures that agencies meet certain requirements and do not exceed the authority granted to them by the General Assembly. If Senate Bill 3434 passes the Illinois House, the Illinois Emergency Management Agency would continue to be accountable to these same rules.
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