103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3546

 

Introduced 2/9/2024, by Sen. Jason Plummer

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 3305/7  from Ch. 127, par. 1057

    Creates the Protecting Religious Assembly in States of Emergency Act, which may be referred to as the PRAISE Act. Provides that an order, rule, regulation, ordinance, resolution, or other directive issued by the State government or a unit of local government pursuant to an emergency or health or safety determination, declaration, or proclamation that requires closure or limitation of any business or other facility otherwise open to public use or patronage, but which exempts in whole or in part any particular entity or set of entities, shall exempt to the same extent a place of worship of a tax exempt religious organization as the other entities are exempted. Requires the provisions to be construed to afford to religious organizations and the organizations' places of worship the same degree of freedom to meet as is afforded to the most favored entity or set of entities. Allows a civil action by a person or religious organization that has been burdened or impaired by a violation of the provisions, including injunctive orders; compensatory damages; nominal damages; a finding of a violation; and, when malice or recklessness is demonstrated, punitive damages. Limits the concurrent exercise of home rule powers. Amends the Illinois Emergency Management Agency Act to make a conforming change.


LRB103 39075 AWJ 69212 b

 

 

A BILL FOR

 

SB3546LRB103 39075 AWJ 69212 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title; references to Act.
5    (a) This Act may be cited as the Protecting Religious
6Assembly in States of Emergency Act.
7    (b) References to Act. This Act may be referred to as the
8PRAISE Act.
 
9    Section 5. Definition. As used in this Act, "place of
10worship" means a church, synagogue, mosque, temple, or other
11building, structure, or place used primarily for religious
12worship and includes the grounds of the building, structure,
13or place.
 
14    Section 10. Protection for places of worship. An order,
15rule, regulation, ordinance, resolution, or other directive
16issued by the State government or a unit of local government
17pursuant to an emergency or health or safety determination,
18declaration, or proclamation that requires closure or
19limitation of any business or other facility otherwise open to
20public use or patronage, but which exempts in whole or in part
21any particular entity or set of entities, shall exempt to the
22same extent any place of worship of a religious organization

 

 

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1that is exempt from taxation under 26 CFR 501(c)(3) as the
2other entities are exempted. This Section shall be construed
3to afford to religious organizations and the organizations'
4places of worship the same degree of freedom to meet as is
5afforded to the most favored entity or set of entities.
 
6    Section 15. Enforcement. A person or religious
7organization burdened or impaired by a violation of Section 10
8may bring a civil action for relief against the burden or
9impairment in a circuit court. A court may provide the
10following, noninclusive relief: injunctive orders;
11compensatory damages; nominal damages; a finding of a
12violation; and, when malice or recklessness is demonstrated,
13punitive damages.
 
14    Section 20. Home rule. A home rule unit may not regulate
15places of worship in a manner inconsistent with this Act. This
16Act is a limitation under subsection (i) of Section 6 of
17Article VII of the Illinois Constitution on the concurrent
18exercise by home rule units of powers and functions exercised
19by the State.
 
20    Section 100. The Illinois Emergency Management Agency Act
21is amended by changing Section 7 as follows:
 
22    (20 ILCS 3305/7)  (from Ch. 127, par. 1057)

 

 

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1    Sec. 7. Emergency Powers of the Governor. In the event of a
2disaster, as defined in Section 4, the Governor may, by
3proclamation declare that a disaster exists. Upon such
4proclamation, the Governor shall have and may exercise for a
5period not to exceed 30 days the following emergency powers;
6provided, however, that the lapse of the emergency powers
7shall not, as regards any act or acts occurring or committed
8within the 30-day period, deprive any person, firm,
9corporation, political subdivision, or body politic of any
10right or rights to compensation or reimbursement which he,
11she, it, or they may have under the provisions of this Act:
12        (1) To suspend the provisions of any regulatory
13    statute prescribing procedures for conduct of State
14    business, or the orders, rules and regulations of any
15    State agency, if strict compliance with the provisions of
16    any statute, order, rule, or regulation would in any way
17    prevent, hinder or delay necessary action, including
18    emergency purchases, by the Illinois Emergency Management
19    Agency, in coping with the disaster.
20        (2) To utilize all available resources of the State
21    government as reasonably necessary to cope with the
22    disaster and of each political subdivision of the State.
23        (3) To transfer the direction, personnel or functions
24    of State departments and agencies or units thereof for the
25    purpose of performing or facilitating disaster response
26    and recovery programs.

 

 

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1        (4) On behalf of this State to take possession of, and
2    to acquire full title or a lesser specified interest in,
3    any personal property as may be necessary to accomplish
4    the objectives set forth in Section 2 of this Act,
5    including: airplanes, automobiles, trucks, trailers,
6    buses, and other vehicles; coal, oils, gasoline, and other
7    fuels and means of propulsion; explosives, materials,
8    equipment, and supplies; animals and livestock; feed and
9    seed; food and provisions for humans and animals; clothing
10    and bedding; and medicines and medical and surgical
11    supplies; and to take possession of and for a limited
12    period occupy and use any real estate necessary to
13    accomplish those objectives; but only upon the undertaking
14    by the State to pay just compensation therefor as in this
15    Act provided, and then only under the following
16    provisions:
17            a. The Governor, or the person or persons as the
18        Governor may authorize so to do, may forthwith take
19        possession of property for and on behalf of the State;
20        provided, however, that the Governor or persons shall
21        simultaneously with the taking, deliver to the owner
22        or his or her agent, if the identity of the owner or
23        agency is known or readily ascertainable, a signed
24        statement in writing, that shall include the name and
25        address of the owner, the date and place of the taking,
26        description of the property sufficient to identify it,

 

 

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1        a statement of interest in the property that is being
2        so taken, and, if possible, a statement in writing,
3        signed by the owner, setting forth the sum that he or
4        she is willing to accept as just compensation for the
5        property or use. Whether or not the owner or agent is
6        known or readily ascertainable, a true copy of the
7        statement shall promptly be filed by the Governor or
8        the person with the Director, who shall keep the
9        docket of the statements. In cases where the sum that
10        the owner is willing to accept as just compensation is
11        less than $1,000, copies of the statements shall also
12        be filed by the Director with, and shall be passed upon
13        by an Emergency Management Claims Commission,
14        consisting of 3 disinterested citizens who shall be
15        appointed by the Governor, by and with the advice and
16        consent of the Senate, within 20 days after the
17        Governor's declaration of a disaster, and if the sum
18        fixed by them as just compensation be less than $1,000
19        and is accepted in writing by the owner, then the State
20        Treasurer out of funds appropriated for these
21        purposes, shall, upon certification thereof by the
22        Emergency Management Claims Commission, cause the sum
23        so certified forthwith to be paid to the owner. The
24        Emergency Management Claims Commission is hereby given
25        the power to issue appropriate subpoenas and to
26        administer oaths to witnesses and shall keep

 

 

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1        appropriate minutes and other records of its actions
2        upon and the disposition made of all claims.
3            b. When the compensation to be paid for the taking
4        or use of property or interest therein is not or cannot
5        be determined and paid under item a of this paragraph
6        (4), a petition in the name of The People of the State
7        of Illinois shall be promptly filed by the Director,
8        which filing may be enforced by mandamus, in the
9        circuit court of the county where the property or any
10        part thereof was located when initially taken or used
11        under the provisions of this Act praying that the
12        amount of compensation to be paid to the person or
13        persons interested therein be fixed and determined.
14        The petition shall include a description of the
15        property that has been taken, shall state the physical
16        condition of the property when taken, shall name as
17        defendants all interested parties, shall set forth the
18        sum of money estimated to be just compensation for the
19        property or interest therein taken or used, and shall
20        be signed by the Director. The litigation shall be
21        handled by the Attorney General for and on behalf of
22        the State.
23            c. Just compensation for the taking or use of
24        property or interest therein shall be promptly
25        ascertained in proceedings and established by judgment
26        against the State, that shall include, as part of the

 

 

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1        just compensation so awarded, interest at the rate of
2        6% per annum on the fair market value of the property
3        or interest therein from the date of the taking or use
4        to the date of the judgment; and the court may order
5        the payment of delinquent taxes and special
6        assessments out of the amount so awarded as just
7        compensation and may make any other orders with
8        respect to encumbrances, rents, insurance, and other
9        charges, if any, as shall be just and equitable.
10        (5) When required by the exigencies of the disaster,
11    to sell, lend, rent, give, or distribute all or any part of
12    property so or otherwise acquired to the inhabitants of
13    this State, or to political subdivisions of this State,
14    or, under the interstate mutual aid agreements or compacts
15    as are entered into under the provisions of subparagraph
16    (5) of paragraph (c) of Section 6 to other states, and to
17    account for and transmit to the State Treasurer all funds,
18    if any, received therefor.
19        (6) To recommend the evacuation of all or part of the
20    population from any stricken or threatened area within the
21    State if the Governor deems this action necessary.
22        (7) To prescribe routes, modes of transportation, and
23    destinations in connection with evacuation.
24        (8) To control ingress and egress to and from a
25    disaster area, the movement of persons within the area,
26    and the occupancy of premises therein.

 

 

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1        (9) To suspend or limit the sale, dispensing, or
2    transportation of alcoholic beverages, firearms,
3    explosives, and combustibles.
4        (10) To make provision for the availability and use of
5    temporary emergency housing.
6        (11) A proclamation of a disaster shall activate the
7    State Emergency Operations Plan, and political subdivision
8    emergency operations plans applicable to the political
9    subdivision or area in question and be authority for the
10    deployment and use of any forces that the plan or plans
11    apply and for use or distribution of any supplies,
12    equipment, and materials and facilities assembled,
13    stockpiled or arranged to be made available under this Act
14    or any other provision of law relating to disasters.
15        (12) Control, restrict, and regulate by rationing,
16    freezing, use of quotas, prohibitions on shipments, price
17    fixing, allocation or other means, the use, sale or
18    distribution of food, feed, fuel, clothing and other
19    commodities, materials, goods, or services; and perform
20    and exercise any other functions, powers, and duties as
21    may be necessary to promote and secure the safety and
22    protection of the civilian population.
23        (13) During the continuance of any disaster the
24    Governor is commander-in-chief of the organized and
25    unorganized militia and of all other forces available for
26    emergency duty. To the greatest extent practicable, the

 

 

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1    Governor shall delegate or assign authority to the
2    Director to manage, coordinate, and direct all resources
3    by orders issued at the time of the disaster.
4        (14) Prohibit increases in the prices of goods and
5    services during a disaster.
6    Nothing in this Act allows the Governor or any other
7governmental official to proclaim, declare, or otherwise issue
8any order that violates the Protecting Religious Assembly in
9States of Emergency Act.
10(Source: P.A. 102-485, eff. 8-20-21.)