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Full Text of SB3985
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SB3985 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3985
Introduced 2/6/2026, 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
that may be referred to as the PRAISE Act. Provides that a place of worship
is exempted from any order, rule, regulation, ordinance, resolution, or
other directive issued by the State government or a unit of local
government under 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.
Requires the provisions to be construed to give religious organizations
and the organizations' places of worship the same degree of freedom to meet
as is given 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 Act to seek the following relief: 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.
LRB104 19928 JRC 33378 b
A BILL FOR
SB3985
LRB104 19928 JRC 33378 b
1
AN ACT concerning government.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
5
Protecting Religious Assembly in States of Emergency Act and
6
may be referred to as the PRAISE Act.
7
Section 5.
Definition.
As used in this Act, "place of
8
worship" means a church, synagogue, mosque, temple, or other
9
building, structure, or place used primarily for religious
10
worship and includes the grounds of the building, structure,
11
or place.
12
Section 10.
Protection for places of worship.
A place of
13
worship is exempted from any order, rule, regulation,
14
ordinance, resolution, or other directive issued by the State
15
government or a unit of local government under an emergency or
16
health or safety determination, declaration, or proclamation
17
that requires closure or limitation of any business or other
18
facility otherwise open to public use or patronage. This
19
Section shall be construed to give to religious organizations
20
and the organizations' places of worship the same degree of
21
freedom to meet as is given to the most favored entity or set
22
of entities.
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LRB104 19928 JRC 33378 b
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Section 15.
Enforcement.
A person or religious
2
organization burdened or impaired by a violation of Section 10
3
may bring a civil action for relief against the burden or
4
impairment in a circuit court. A court may provide the
5
following noninclusive relief: injunctive orders, compensatory
6
damages, nominal damages, a finding of a violation, and, when
7
malice or recklessness is demonstrated, punitive damages.
8
Section 20.
Home rule.
A home rule unit may not regulate
9
places of worship in a manner inconsistent with this Act. This
10
Act is a limitation under subsection (i) of Section 6 of
11
Article VII of the Illinois Constitution on the concurrent
12
exercise by home rule units of powers and functions exercised
13
by the State.
14
Section 100.
The Illinois Emergency Management Agency Act
15
is amended by changing Section 7 as follows:
16
(20 ILCS 3305/7)
(from Ch. 127, par. 1057)
17
Sec. 7.
Emergency Powers of the Governor.
In the event of a
18
disaster, as defined in Section 4, the Governor may, by
19
proclamation declare that a disaster exists. Upon such
20
proclamation, the Governor shall have and may exercise for a
21
period not to exceed 30 days the following emergency powers;
22
provided, however, that the lapse of the emergency powers
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shall not, as regards any act or acts occurring or committed
2
within the 30-day period, deprive any person, firm,
3
corporation, political subdivision, or body politic of any
4
right or rights to compensation or reimbursement which he,
5
she, it, or they may have under the provisions of this Act:
6
(1) To suspend the provisions of any regulatory
7
statute prescribing procedures for conduct of State
8
business, or the orders, rules and regulations of any
9
State agency, if strict compliance with the provisions of
10
any statute, order, rule, or regulation would in any way
11
prevent, hinder or delay necessary action, including
12
emergency purchases, by the Illinois Emergency Management
13
Agency, in coping with the disaster.
14
(2) To utilize all available resources of the State
15
government as reasonably necessary to cope with the
16
disaster and of each political subdivision of the State.
17
(3) To transfer the direction, personnel or functions
18
of State departments and agencies or units thereof for the
19
purpose of performing or facilitating disaster response
20
and recovery programs.
21
(4) On behalf of this State to take possession of, and
22
to acquire full title or a lesser specified interest in,
23
any personal property as may be necessary to accomplish
24
the objectives set forth in Section 2 of this Act,
25
including: airplanes, automobiles, trucks, trailers,
26
buses, and other vehicles; coal, oils, gasoline, and other
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fuels and means of propulsion; explosives, materials,
2
equipment, and supplies; animals and livestock; feed and
3
seed; food and provisions for humans and animals; clothing
4
and bedding; and medicines and medical and surgical
5
supplies; and to take possession of and for a limited
6
period occupy and use any real estate necessary to
7
accomplish those objectives; but only upon the undertaking
8
by the State to pay just compensation therefor as in this
9
Act provided, and then only under the following
10
provisions:
11
a. The Governor, or the person or persons as the
12
Governor may authorize so to do, may forthwith take
13
possession of property for and on behalf of the State;
14
provided, however, that the Governor or persons shall
15
simultaneously with the taking, deliver to the owner
16
or his or her agent, if the identity of the owner or
17
agency is known or readily ascertainable, a signed
18
statement in writing, that shall include the name and
19
address of the owner, the date and place of the taking,
20
description of the property sufficient to identify it,
21
a statement of interest in the property that is being
22
so taken, and, if possible, a statement in writing,
23
signed by the owner, setting forth the sum that he or
24
she is willing to accept as just compensation for the
25
property or use. Whether or not the owner or agent is
26
known or readily ascertainable, a true copy of the
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1
statement shall promptly be filed by the Governor or
2
the person with the Director, who shall keep the
3
docket of the statements. In cases where the sum that
4
the owner is willing to accept as just compensation is
5
less than $1,000, copies of the statements shall also
6
be filed by the Director with, and shall be passed upon
7
by an Emergency Management Claims Commission,
8
consisting of 3 disinterested citizens who shall be
9
appointed by the Governor, by and with the advice and
10
consent of the Senate, within 20 days after the
11
Governor's declaration of a disaster, and if the sum
12
fixed by them as just compensation be less than $1,000
13
and is accepted in writing by the owner, then the State
14
Treasurer out of funds appropriated for these
15
purposes, shall, upon certification thereof by the
16
Emergency Management Claims Commission, cause the sum
17
so certified forthwith to be paid to the owner. The
18
Emergency Management Claims Commission is hereby given
19
the power to issue appropriate subpoenas and to
20
administer oaths to witnesses and shall keep
21
appropriate minutes and other records of its actions
22
upon and the disposition made of all claims.
23
b. When the compensation to be paid for the taking
24
or use of property or interest therein is not or cannot
25
be determined and paid under item a of this paragraph
26
(4), a petition in the name of The People of the State
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1
of Illinois shall be promptly filed by the Director,
2
which filing may be enforced by mandamus, in the
3
circuit court of the county where the property or any
4
part thereof was located when initially taken or used
5
under the provisions of this Act praying that the
6
amount of compensation to be paid to the person or
7
persons interested therein be fixed and determined.
8
The petition shall include a description of the
9
property that has been taken, shall state the physical
10
condition of the property when taken, shall name as
11
defendants all interested parties, shall set forth the
12
sum of money estimated to be just compensation for the
13
property or interest therein taken or used, and shall
14
be signed by the Director. The litigation shall be
15
handled by the Attorney General for and on behalf of
16
the State.
17
c. Just compensation for the taking or use of
18
property or interest therein shall be promptly
19
ascertained in proceedings and established by judgment
20
against the State, that shall include, as part of the
21
just compensation so awarded, interest at the rate of
22
6% per annum on the fair market value of the property
23
or interest therein from the date of the taking or use
24
to the date of the judgment; and the court may order
25
the payment of delinquent taxes and special
26
assessments out of the amount so awarded as just
SB3985
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1
compensation and may make any other orders with
2
respect to encumbrances, rents, insurance, and other
3
charges, if any, as shall be just and equitable.
4
(5) When required by the exigencies of the disaster,
5
to sell, lend, rent, give, or distribute all or any part of
6
property so or otherwise acquired to the inhabitants of
7
this State, or to political subdivisions of this State,
8
or, under the interstate mutual aid agreements or compacts
9
as are entered into under the provisions of subparagraph
10
(5) of paragraph (c) of Section 6 to other states, and to
11
account for and transmit to the State Treasurer all funds,
12
if any, received therefor.
13
(6) To recommend the evacuation of all or part of the
14
population from any stricken or threatened area within the
15
State if the Governor deems this action necessary.
16
(7) To prescribe routes, modes of transportation, and
17
destinations in connection with evacuation.
18
(8) To control ingress and egress to and from a
19
disaster area, the movement of persons within the area,
20
and the occupancy of premises therein.
21
(9) To suspend or limit the sale, dispensing, or
22
transportation of alcoholic beverages, firearms,
23
explosives, and combustibles.
24
(10) To make provision for the availability and use of
25
temporary emergency housing.
26
(11) A proclamation of a disaster shall activate the
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State Emergency Operations Plan, and political subdivision
2
emergency operations plans applicable to the political
3
subdivision or area in question and be authority for the
4
deployment and use of any forces that the plan or plans
5
apply and for use or distribution of any supplies,
6
equipment, and materials and facilities assembled,
7
stockpiled or arranged to be made available under this Act
8
or any other provision of law relating to disasters.
9
(12) Control, restrict, and regulate by rationing,
10
freezing, use of quotas, prohibitions on shipments, price
11
fixing, allocation or other means, the use, sale or
12
distribution of food, feed, fuel, clothing and other
13
commodities, materials, goods, or services; and perform
14
and exercise any other functions, powers, and duties as
15
may be necessary to promote and secure the safety and
16
protection of the civilian population.
17
(13) During the continuance of any disaster the
18
Governor is commander-in-chief of the organized and
19
unorganized militia and of all other forces available for
20
emergency duty. To the greatest extent practicable, the
21
Governor shall delegate or assign authority to the
22
Director to manage, coordinate, and direct all resources
23
by orders issued at the time of the disaster.
24
(14) Prohibit increases in the prices of goods and
25
services during a disaster.
26
Nothing in this Act allows the Governor or any other
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LRB104 19928 JRC 33378 b
1
governmental official to proclaim, declare, or otherwise issue
2
any order that violates the Protecting Religious Assembly in
3
States of Emergency Act.
4
(Source: P.A. 102-485, eff. 8-20-21.)
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