From State Rep. Dan Ugaste:
Ugaste Proposes Review of Illinois Governor’s Current Disaster Proclamation
GENEVA – State Representative Dan Ugaste (R-Geneva) is proposing that any Disaster Proclamation by the Governor of Illinois, for which a previous disaster declaration was already made, should be approved by the majority of state legislators from both houses of the Illinois General Assembly.
“First let’s begin by stating this is in no way a criticism of the way which Governor Pritzker has addressed this public health crisis,” said Ugaste.
“While the Illinois legislature will have its work cut out for it to ensure our State recovers from the current crisis, one thing that needs to be done now is for the legislature, a separate and equal branch of the government, to approve the extension of the Governor’s Disaster Proclamation beyond the original 30 days.”
The language of the Illinois Emergency Management Act specifically states that the Governor may exercise specific emergency powers for a period “not to exceed 30 days” (20 ILCS 335 (7)), yet the combined length of the Governor’s two recent Disaster Proclamations concerning the Covid-19 crisis is well over 30 days. [Emphasis added.]
“The statute, as currently written, is silent on the role of the Legislature when the Governor issues a Disaster Proclamation.
“It is also silent about the Governor’s ability to extend a Disaster Proclamation beyond the original 30 days.
“Therefore, in an effort to ensure the system of checks and balances between co-equal branches of government in the State of Illinois continues, the legislature needs to be given the opportunity to affirm the Governor’s most recent Disaster Proclamation,” said Ugaste.
“In fact, given the opportunity, I anticipate that given the current circumstances, the legislature will affirm the most recent proclamation,” Ugaste continued.
Ugaste believes this can be done with a simple Memorandum of Understanding signed by the majority of each chamber of the legislature or a Joint Resolution without the need to have all regular personnel of state government meet at the Capitol in Springfield.
In addition, as soon as the current public health crisis ends and the Legislature returns to Springfield for Session, Ugaste plans on filing a bill to clearly state the roles of the Governor and the Legislature for any such emergency in the future.
Ugaste concludes that although he firmly believes that the Legislature as a co-equal branch of government should weigh in on the Governor’s most recent proclamation, it is not clear under the current statute that the Governor does not already have the power to issue a second proclamation.
Therefore, pending any approval by the Legislature, Ugaste states that “all Illinois residents need to continue to conform to the restrictions currently in place or risk violating the law.”
Her come ole flat top he come groovin up slowly
So, basically, Ugaste is saying:
“Well, the law doesn’t say what I want it to say, so the Governor should just do what *I* want him to do even though the law doesn’t say this.”
Also, he’s just wrong about statute not being clear. Statute says he can make a 30-day emergency proclamation. There are no limits placed on this, so therefore the Governor can continue to make 30-day proclamations. And statute allows the Governor to do this without any involvement from the legislature.
So I’m really not sure what Ugaste thinks is unclear. The law allows the Governor to do this. Ugaste wished the law said something else. That doesn’t make it unclear.
Alabama Snake alias Kevin “the Craven” Craver (Jack Frank’s stooge and liar), go back to the Jackal and bay at the moon.
Unfastens is right.
Fight the Pritzker tranny tyranny!
I mean Ugaste
Yes, it doesn’t say anything about a limit of emergency orders.
Has this ever happened before?
It sounds like a dangerous loophole.
I would think the governor would have to at least wait until the first 30 day period is completely over and then declare another emergency.
The governor doesn’t have the power to extend an emergency order, and an emergency order can only last 30 days.
That’s the law.
That still leaves a dangerous loophole where the governor could wait until the second after the emergency order expires and then declare another emergency, but it is technically different than declaring a 30 day emergency while you’re still in the first 30 day window, which is open to interpretation, or extending an emergency order, which the governor can not do. In practice, however, these are all similar.
The governor would have tremendous unchecked power indefinitely.
I understand Ugaste’s concern.
You wouldn’t want a governor to have such great power indefinitely.
It’s an important issue and shouldn’t be ignored or downplayed, Shake.
Maybe courts or legislatures will have to convene to address this issue.
**Alabama Snake alias Kevin “the Craven” Craver (Jack Frank’s stooge and liar), go back to the Jackal and bay at the moon.**
LOL… I’m not Kevin Craver.
Cal can confirm.
And I have zero interest in defending or supporting Jack Franks.
Valliant effort though. 🙄
**I understand Ugaste’s concern. You wouldn’t want a governor to have such great power indefinitely. It’s an important issue and shouldn’t be ignored or downplayed, Shake. Maybe courts or legislatures will have to convene to address this issue.**
The courts don’t have to intervene.
It is not actually unclear in statute.
If the legislature would like to try to pass a law to change it, go for it.
But the existing law isn’t unclear.