UPDATE – Illinois posts executive order shuttering on-premise service from bars and restaurants.
The executive action we wrote about yesterday has an accompanying executive order which, given the ongoing and fluid nature of current events, wasn’t posted to the internet until a few minutes ago. As you can see below, Executive Order 2020-07 is premised on portions of section 7 of the Illinois Emergency Management Agency Act.
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.
Many thanks to the Hospitality Business Association of Chicago for cluing us in to the document.
So for those of you wondering how the Governor of Illinois could shutter bars and restaurants…