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
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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

* 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

- Posted by Rich Miller        

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.


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