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* 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.
posted by Rich Miller
Monday, Mar 16, 20 @ 4:18 pm
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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)
Comment by Marquee Monday, Mar 16, 20 @ 4:27 pm
Maybe GovJUnk and Tillman can wind up their kiddie corp law clinic and file a suit — that would be good loook.
Comment by Annonin Monday, Mar 16, 20 @ 4:33 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.
Comment by Groundhog Day Monday, Mar 16, 20 @ 4:41 pm
Annonin
Kirk Allen of the Edgar County Watchdogs is already laying the groundwork for that.
Comment by Anyone Remember 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.
Comment by Bigtwich Monday, Mar 16, 20 @ 4:46 pm
===because the disaster is not here yet===
A public health emergency is here right now.
Comment by Rich Miller Monday, Mar 16, 20 @ 5:11 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.
Comment by Give Us Barabbas Monday, Mar 16, 20 @ 6:40 pm
Great job governor.
Comment by bob schisler Tuesday, Mar 17, 20 @ 2:05 pm