92nd General Assembly
Status of HB3809
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 Full Text  Bill Summary
FEIGENHOLTZ, BURKE, BUGIELSKI AND LANG.

   New Act                                                                     
   30 ILCS 805/8.26 new                                                        
   735 ILCS 5/7-103.139 new                                                    

        Creates the Illinois Emergency  Health  Powers  Act.  Allows  the      
   Governor,  by executive order, to declare a public health emergency if      
   specified conditions are met.   Gives  the  Governor  broad  emergency      
   powers,  including  financial  powers.  Designates  the  Department of      
   Public Health as the public health authority  and  the  Department  of      
   State  Police  as  the  public safety authority. Also designates local      
   government agencies as  public  health  and  public  safety  agencies.      
   Allows  the  Departments  and local agencies to specifically authorize      
   others to act.  Provides for termination of a declaration of a  public      
   health  emergency by the Governor or the General Assembly and provides      
   for automatic termination after 30 days unless renewed.  Provides  for      
   detecting,  reporting,  and  tracking  public  health emergencies, for      
   activation  of  disaster  response  and  recovery  agencies,  and  for      
   dissemination  of  information.  Authorizes  special  powers  for  the      
   protection of persons (including medical exams  and  tests,  isolation      
   and  quarantine,  and  access to protected health information) and for      
   the management of property (including  quick-take  powers  of  eminent      
   domain). Authorizes special powers for licensing and appointing health      
   personnel.  Provides for certain penalties. Provides for immunity from      
   liability. Provides that the Act controls over  conflicting  laws  and      
   rules.  Preempts  home  rule  powers.  Exempts  from the reimbursement      
   requirements of the State Mandates  Act.  Amends  the  Code  of  Civil      
   Procedure  to authorize quick-take powers of eminent domain. Effective      
   immediately.                                                                
          FISCAL NOTE (Illinois Emergency Management Agency)                   
          HB 3809 would allow for expenditures for eligible costs up to        
          $50,000,000 for any fiscal year in which a public health             
          emergency is declared and would provide for prior year expen-        
          ditures to pay for costs incurred in a previous year. Prior          
          year expenses must apply toward the $50,000,000 expense limit        
          for the fiscal year in which they were authorized.                   
          FISCAL NOTE (Illinois State Police)                                  
          If HB 3809 were to become law, there would be no fiscal              
          impact to the Illinois State Police.                                 
          FISCAL NOTE (Illinois Department of Public Health)                   
          The fiscal impact of House Bill 3809 on DPH is indeterminable        
          at this time and will largely depend on if the Governor is           
          ever forced to declare a "public health emergency" and the           
          nature and severity of the emergency.                                
          STATE MANDATES NOTE                                                  
          (Illinois Department of Commerce and Community Affairs)              
          In the opinion of DCCA, HB 3809 creates a service mandate for        
          which reimbursement of 50%-100% of the increased costs to units      
          of local government would normally be required under the State       
          Mandates Act. It also creates a local government organization        
          and structure mandate for which reimbursement is not required.       
          HB 3809, however, amends the State Mandates Act to require           
          implementation of the bill's provisions without reimbursement.       
   JAN-18-2002  H  FILED WITH CLERK                                               
   JAN-22-2002  H  FIRST READING                                                  
   JAN-22-2002  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   FEB-06-2002  H  ADDED AS A CO-SPONSOR                    BURKE                 
   FEB-06-2002  H  ADDED AS A CO-SPONSOR                    BUGIELSKI             
   FEB-06-2002  H  ADDED AS A CO-SPONSOR                    LANG                  
   FEB-13-2002  H       ASSIGNED TO COMMITTEE               STE GOV ADMIN         
   FEB-22-2002  H  MOTION DO PASS-LOST                      004-004-000           
   FEB-22-2002  H       REMAINS IN COMMITTEE                STE GOV ADMIN         
   FEB-22-2002  H  DO PASS/SHORT DEBATE                     005-004-000   HSGA    
   FEB-22-2002  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   MAR-15-2002  H                     FISCAL NOTE REQUESTED BLACK                 
   MAR-15-2002  H  STATE MANDATES FISCAL NOTE REQUESTED     BLACK                 
   MAR-15-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAR-18-2002  H                             AMENDMENT NO. 01-FEIGENHOLTZ        
   MAR-18-2002  H                     AMENDMENT REFERRED TO HRUL                  
   MAR-18-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAR-20-2002  H                         FISCAL NOTE FILED                       
   MAR-20-2002  H                         FISCAL NOTE FILED                       
   MAR-20-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAR-22-2002  H  SECOND READING-SHORT DEBATE                                    
   MAR-22-2002  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   APR-01-2002  H                         FISCAL NOTE FILED                       
   APR-01-2002  H  STATE MANDATES FISCAL NOTE FILED                               
   APR-01-2002  H                             AMENDMENT NO. 02-FEIGENHOLTZ        
   APR-01-2002  H                     AMENDMENT REFERRED TO HRUL                  
   APR-01-2002  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   APR-05-2002  H  RE-REFERRED TO RULES COMM/RULE 19(A)     RULES         HRUL    
   JAN-07-2003  H  SESSION SINE DIE                                               

   END OF INQUIRY 



 Full Text  Bill Summary