Capitol Fax.com - Your Illinois News Radar » Where do Pritzker’s emergency powers come from?
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Where do Pritzker’s emergency powers come from?

Monday, Mar 16, 2020 - Posted by Rich Miller

* If you click here and read the governor’s new executive order, you’ll see the state statutes listed that justify his decision to close restaurants and bars and limit the size of gatherings to less than 50 people. The powers derive from the Illinois Emergency Management Agency Act and the governor is invoking sections 7(1), 7(2), 7(3) and 7(8). Here they are

Sec. 7. Emergency Powers of the Governor. In the event of a disaster, as defined in Section 4, the Governor may, by proclamation declare that a disaster exists. Upon such proclamation, the Governor shall have and may exercise for a period not to exceed 30 days the following emergency powers; provided, however, that the lapse of the emergency powers shall not, as regards any act or acts occurring or committed within the 30-day period, deprive any person, firm, corporation, political subdivision, or body politic of any right or rights to compensation or reimbursement which he, she, it, or they may have under the provisions of this Act:

    (1) To suspend the provisions of any regulatory statute prescribing procedures for conduct of State business, or the orders, rules and regulations of any State agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder or delay necessary action, including emergency purchases, by the Illinois Emergency Management Agency, in coping with the disaster.

    (2) To utilize all available resources of the State government as reasonably necessary to cope with the disaster and of each political subdivision of the State.

    (3) To transfer the direction, personnel or functions of State departments and agencies or units thereof for the purpose of performing or facilitating disaster response and recovery programs.

    (8) To control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.

The “movement of persons” and “occupancy of premises” are the most important here, I think. The entire state has been declared a disaster area.

* Disaster’s definition

“Disaster” means an occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from any natural or technological cause, including but not limited to fire, flood, earthquake, wind, storm, hazardous materials spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, hostile military or paramilitary action, public health emergencies, or acts of domestic terrorism.

…Adding… Read to the bottom of the EO and you’ll see he also suspended the section of the Open Meetings Act that requires local members of a public body to be physically present for votes.

       

8 Comments
  1. - Marquee - Monday, Mar 16, 20 @ 4:27 pm:

    Hopefully this serves as a reminder to us for a long time that these powers mean we need to make sure we elect serious, responsible people to the highest office in the state (i.e. JBs not Rods)


  2. - Annonin - Monday, Mar 16, 20 @ 4:33 pm:

    Maybe GovJUnk and Tillman can wind up their kiddie corp law clinic and file a suit — that would be good loook.


  3. - Groundhog Day - Monday, Mar 16, 20 @ 4:41 pm:

    Still a lot of confusion, because the disaster is not here yet, so it is easy to be uninformed and think that the disaster is being created by these actions by JB. But it is very evident that the tsunami of critically ill and dying people is now inevitable. These mitigating actions will (hopefully) blunt the worst of it, but it is going to be tragically ugly.


  4. - Anyone Remember - Monday, Mar 16, 20 @ 4:46 pm:

    Annonin
    Kirk Allen of the Edgar County Watchdogs is already laying the groundwork for that.


  5. - Bigtwich - Monday, Mar 16, 20 @ 4:46 pm:

    ==Who is reimbursing those who are being deprived oh income?==

    People can be deprived of property and liberty by due process of law. The due process is outlined in the above article.


  6. - Rich Miller - Monday, Mar 16, 20 @ 5:11 pm:

    ===because the disaster is not here yet===

    A public health emergency is here right now.


  7. - Give Us Barabbas - Monday, Mar 16, 20 @ 6:40 pm:

    All in all we could be in worse shape- this could have happened under a Rauner Administration. I can imagine waiting for the Invisible Hand of the market to come save us. JB is so far proving to be really up to the job as far as I can see. I have to say, I’m Impressed. We’ll see how well the damaged apparatus he was handed can execute what he wants, but there’s a smart yet compassionate guy in charge for a change.


  8. - bob schisler - Tuesday, Mar 17, 20 @ 2:05 pm:

    Great job governor.


Sorry, comments for this post are now closed.


* Reader comments closed for the holidays
* And the winners are…
* SUBSCRIBERS ONLY - Update to previous editions
* Isabel’s afternoon roundup
* Report: Far-right Illinois billionaires may have skirted immigration rules
* Question of the day: Golden Horseshoe Awards (Updated)
* Energy Storage Brings Cheaper Electricity, Greater Reliability
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Selected press releases (Live updates)
* 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
December 2024
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
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