Capitol Fax.com - Your Illinois News Radar » COVID-19 roundup: Searchable EO posted; Trump can’t countermand Pritzker order; Filing extension was automatic; Chicago closes parks, beaches and trails
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
COVID-19 roundup: Searchable EO posted; Trump can’t countermand Pritzker order; Filing extension was automatic; Chicago closes parks, beaches and trails

Thursday, Mar 26, 2020 - Posted by Rich Miller

* The first version of the governor’s stay at home order was an unsearchable pdf file. Click here for a searchable version. I’m not quite sure when that went online, but it’s very useful.

Speaking of which

With President Donald Trump pushing to jump-start the United States economy by April 12, even as COVID-19 cases continue to rise nationally, and Gov. J.B. Pritzker saying he’s weighing whether to extend Illinois’ stay-at-home order beyond April 7, some have been wondering who has the final say locally if there’s a difference of opinion.

Examining the nation’s federalist system of shared powers, and the 10th Amendment, which affords broad power to states in a public health crisis, “the governor wins,” says Lawrence Gostin, a Georgetown University law professor and public health expert. […]

“The legal answer is pretty easy actually. The governor wins – that’s the bottomline,” said Gostin, the Georgetown University legal scholar and public health expert. He said if a president tried to override a stay-at-home-order it would go to the courts and the president would lose. “States have historic police powers, which means … their primary responsibility is the health, safety and welfare of residents within their states and they have very broad powers.”

“The president has no power to go to a business within a state and tell that business to violate state law or state directions. The president has no power to command or commandeer a governor or state control over its people and its businesses. And the fact that the president is suggesting or implying that he does, I think is false. We’re not China, and we’re not even Italy. We don’t have a centralized government that is all powerful.”

* The Tribune has a mostly laudatory article on the governor’s handling of the crisis and it included this Pritzker quote from last week

“Every step that we’ve taken during this crisis, my legal team has understood and laid out our legal authority to do it.”

That prompted me to ask for the legal authority to extend the tax filing deadline. From the governor’s office…

Filing: IL statute already allowed for an automatic 6 month filing extension – so filing could always be done after 4/15 (up through 10/15). So filing deadline was never really the issue; payment deadline (below) was the issue.

Payment: DOR found that payment deadline automatically extends when there is a federal extension. Regulation 100.6000: Payment on Due Date of Return (IITA Section 601).

Learn something new every day

If the due date for payment of a taxpayer’s federal income tax liability for a tax year (as provided in the Internal Revenue Code or by Treasury regulation, or as extended by the Internal Revenue Service) is later than the date fixed for filing the taxpayer’s Illinois income tax return for that tax year, the due date for payment of the Illinois income tax liability due on that return shall be the extended due date for payment of the taxpayer’s federal income tax liability.

That happens whenever April 15 falls on a weekend, for instance. So, in reality, the filing deadline had to be extended because the feds did it.

* Meanwhile

The city’s Lakefront Trail, parks and beaches are closed, as well as The 606 Trail, Chicago aldermen said in messages to constituents and social media posts.

“Starting today, all of Chicago’s lakefront with its adjoining parks will be closed to the public until further notice. In addition, all fieldhouses, all playlots, all school playgrounds, the Chicago Riverwalk, and the 606 Trail are now closed to the public,” Ald. James Cappleman in a letter to constituents said in a letter to residents in his 46th Ward. “These steps were taken to further limit COVID-19 infections due to projection rates that if this stricter stay-in-place order did not occur, we would have upwards of 40,000 residents requiring a hospitalization. This would decimate our healthcare system, leading to many deaths.”

It was unclear whether Mayor Lori Lightfoot would close all other city parks as well.

Lightfoot’s office did not immediately have a comment Thursday morning. She has a news conference scheduled for 1 p.m.

* As the governor, the State Police and the Illinois National Guard have all said, these “papers” are not necessary…

* Other stuff…

* Cops called on X-rated video store in West Peoria offering curbside service during stay-at-home order

* These Retailers Refused To Close During The Pandemic, So An Illinois City Shut Them Down: Michaels stores have remained open in several states with stay-home orders in place. In a letter to employees, the company cited three reasons why its stores are “essential”: Small businesses rely on them, teachers use them for educational supplies and people “are looking to take their minds off a stressful reality” right now.

* How to make your food last longer

* ‘Pop-up’ production line at Carbondale plant producing specimen shipping bags for COVID-19 tests

* Let’s respond to coronavirus and climate change with car-free streets, bus and bike lanes

* Coronavirus in Illinois updates: Here’s what’s happening Thursday with COVID-19 in the Chicago area

       

21 Comments
  1. - Annonin - Thursday, Mar 26, 20 @ 11:39 am:

    Capt Fax if you check the IDOR docs we think you’ll find estimated tax payment for 2021 will still be due for first and second quarters. Small point for small group of folks —1099 earners “gig economy” etc. Have fun


  2. - Been There - Thursday, Mar 26, 20 @ 11:43 am:

    ==== Payment: DOR found that payment deadline automatically extends when there is a federal extension. Regulation 100.6000: Payment on Due Date of Return (IITA Section 601).===
    Kind of surprised the Gov didn’t know this the day the feds extended their deadline. I know a lot of institutional knowledge has moved on from IDOR though. But you would think staff could have found this in about 20 min


  3. - Grandson of Man - Thursday, Mar 26, 20 @ 11:44 am:

    The president and vice president want asymptomatic carriers of COVID-19 and those exposed to carriers who are essential workers to return to work and wear face masks. Just. Wow.

    This is counter to those who slam certain state agencies and unions because not every essential worker is working from home.


  4. - Proud Papa Bear - Thursday, Mar 26, 20 @ 11:47 am:

    The Michaels response is like the Simpsons episode in which everyone is in a shelter awaiting a comet that will wipe out civilization but it’s too small to fit everyone. In the end, everyone justifies why they’re essential and they determine that Ned Flanders’s left-handed store is the only thing not needed to rebuild civilization.


  5. - Lester Holt’s Mustache - Thursday, Mar 26, 20 @ 11:48 am:

    == As the governor, the State Police and the Illinois National Guard have all said, these “papers” are not necessary…==

    They might need to reiterate that to small town police departments. A relative of mine got stopped in Jerseyville earlier this week. The local cop told him that he was violating the stay-at-home order and needed to go home immediately because he wasn’t “essential”, even though he works as an internet service installer. A letter like the one O’Conner posted might have helped assuage the officer’s suspicion.


  6. - AD - Thursday, Mar 26, 20 @ 11:50 am:

    Been There: That’s what I kinda thought too. I got an e-mail newsletter from Marty Green of the Illinois CPA Society days before that had that law in it. Surprised the State didn’t know.


  7. - City Zen - Thursday, Mar 26, 20 @ 11:59 am:

    The picture of a crowded 606 that made the rounds on Twitter yesterday riled up a lot of folks. Or as Chicago Party Aunt dubbed it: The Corona Highway


  8. - tax nerd - Thursday, Mar 26, 20 @ 12:01 pm:

    They all knew that was the answer on the extensions (and several commenters made the same points a couple of days ago on here, and every tax lawyer and accountant knew it, too); the issues they were wrestling with were things like whether to revise return forms and instructions, whether they could or should extend the quarterly estimated payments (there isn’t legal authority to do that, so they didn’t, for example).


  9. - Cheryl44 - Thursday, Mar 26, 20 @ 12:07 pm:

    The 606 is closed, as is the Riverwalk.


  10. - Thomas Paine - Thursday, Mar 26, 20 @ 12:08 pm:

    The president’s goal is not to reopen the businesses.

    He wants to be able to point back at Easter in October and blame governors for American job declines.

    The problem is that American doctors and nurses will be praising those governors for averting a calamity of even greater proportion.

    A better strategy would be the classic Richard Daley move: blame your underlings.


  11. - Oswego Willy - Thursday, Mar 26, 20 @ 12:16 pm:

    To the post,

    DoIT, Prisons, social services in regards to safety of children and domestic issues… for me, the problems outlining the virus and the needs there; equipment, masks, gloves, gowns, personnel, the state is doing a good job staying on task, but some of these tasks are lacking. That’s not a slam, that’s honest to the moment.

    The critical thing is that level heads continue to prevail and work the problems, and be willing to work the problems with things like keeping everyone safe for the very near term as well.

    We will see more and more how this crisis is stressing state resources and how the administration will answer.


  12. - Ducky LaMoore - Thursday, Mar 26, 20 @ 12:17 pm:

    Thomas Paine, the best strategy would be to actually lead like the great presidents did and to heck with the consequences.


  13. - FormerGOPer - Thursday, Mar 26, 20 @ 12:29 pm:

    Decatur police need to close down the Glass House which sells stained glass supplies. When I questioned them yesterday their rationale was basically identical to Michael’s et al. Definitely NOT an essential business.


  14. - CapnCrunch - Thursday, Mar 26, 20 @ 12:30 pm:

    “..and those exposed to carriers who are essential workers to return to work and wear face masks. Just. Wow.”

    Hospital workers who have been exposed to patients who tested
    positive are already doing that.


  15. - Huh? - Thursday, Mar 26, 20 @ 12:51 pm:

    The question about whether the president can overrule the Governor reminds me of the gag order that was discussed yesterday and the non-existent text quoted from Statistical Policy Directive No. 4, “Employees having sworn to observe the limitations imposed on the dissemination of information face a class E felony charge and imprisonment for not more than 5 years, or a fine of not more than $250,000.00, or both, if the information is willfully disseminated in violation of the limitations.”


  16. - JS Mill - Thursday, Mar 26, 20 @ 12:51 pm:

    @Thomas Paine is correct. Trump has been maneuvering to build a scapegoat for the economy rather than lead. He and his flunkeys attack past administrations and other countries for what is happening but take no responsibility for anything.

    To the post- Trump cannot open what he did not close.


  17. - 588-2300 - Thursday, Mar 26, 20 @ 12:55 pm:

    You have to love progressives. Despite people being warned to avoid mass transit amidst a pandemic and the city’s closure of the lakefront and the 606, they write about how we need to shut down streets to cars for more buses and places for people to hang out. Utterly tone deaf.


  18. - Jocko - Thursday, Mar 26, 20 @ 1:05 pm:

    I have to think that LL is acting out of concern that Chicago turns into the next NYC or NOLA.

    My other concern is what happens when the remaining 29 states without shelter-in-place orders have to start rationing ventilator use?


  19. - walker - Thursday, Mar 26, 20 @ 1:21 pm:

    Legal issues aside, if the President tells everyone to have a celebratory parade, thousands will do it no matter what the Governor-grinches say.


  20. - SAP - Thursday, Mar 26, 20 @ 1:50 pm:

    Not sayin’, just sayn’:

    - SAP - Tuesday, Mar 24, 20 @ 2:24 pm:

    I’ll leave it to the many people out there smarter than me, but I read subsection (b) of this administrative rule as automatically extending the due date: 86 Adm.Cd.100. 6000

    http://www.ilga.gov/commission/jcar/admincode/086/086001000R60000R.html


  21. - Precinct Captain - Thursday, Mar 26, 20 @ 2:32 pm:

    ==* Cops called on X-rated video store in West Peoria offering curbside service during stay-at-home order==

    I’m rolling


Sorry, comments for this post are now closed.


* SUBSCRIBERS ONLY - Quick session update (Updated x2)
* Isabel’s afternoon roundup
* Question of the day
* Migrant shelter population down more than a third since end of January
* Tier 2 emails, calls inundating legislators
* Tax talk (Updated)
* That's some brilliant strategy you got there, Bubba
* Credit Unions: A Smart Financial Choice for Illinois Consumers
* It’s just a bill
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Supplement to today’s edition and a campaign update
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller