SB3708 102ND GENERAL ASSEMBLY

LRB102 23335 CPF 32501 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3708

Introduced 1/21/2022, by Sen. Steve Stadelman

SYNOPSIS AS INTRODUCED:

20 ILCS 3305/7.5 new

Provides that the amendatory provisions may be referred to as the Small Business Equal Treatment Law. Amends the Illinois Emergency Management Agency Act. Contains the findings of the General Assembly. Provides that a business does not violate any proclamation issued by the Governor declaring that a disaster exists and may continue or resume operation if the business: (1) is required to cease or limit operation by order or rule of the Director of the Emergency Management Agency or the Agency itself and that is issued under the Act to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event; and (2) complies with all safety precautions that the order or rule requires of businesses that are permitted to continue or resume operation under the order or rule. Provides that the amendatory provisions do not apply to an order or rule of the Director of the Agency or of the Agency itself that is issued under the Act and that is applicable only to a particular business or business location due to circumstances uniquely present at that particular business or business location. Effective immediately.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. References to Act. This may be referred to as the Small Business Equal Treatment Law.

Section 5. The Illinois Emergency Management Agency Act is amended by adding Section 7.5 as follows:

(20 ILCS 3305/7.5 new)

Sec. 7.5. Equal treatment of small businesses.

(a) The General Assembly finds that in March 2020, and in the following months of calendar year 2020, the people of the State of Illinois faced a virus that causes a contagious disease named COVID-19. The global pandemic caused by this virus led to significant deaths, illnesses, and economic disruption throughout Illinois. The Governor of Illinois responded to the COVID-19 pandemic by issuing a series of emergency executive orders, commencing with Executive Order 2020-3 and continued through following executive orders. These executive orders were described as efforts to reduce contagion and diminish the ability of the virus that causes COVID-19 to pass from person to person within Illinois.

The General Assembly: (i) recognizes the need for emergency management authority powers to deal with a disaster of the magnitude such as that caused by COVID-19 in the year 2020; but on the other hand (ii) sharply opposes the use of emergency management authority powers to draw distinctions between small business and essential business.

(b) A business does not violate any proclamation issued by the Governor declaring that a disaster exists and may continue or resume operation if both of the following are true:

(1) The business is required to cease or limit operation by order or rule of the Director of the Illinois Emergency Management Agency or of the Agency itself and that is issued under this Act to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event.

(2) The business complies with all safety precautions that the order or rule requires of businesses that are permitted to continue or resume operation under the order or rule.

(c) This Section does not apply to an order or rule of the Director of the Illinois Emergency Management Agency or of the Agency itself that is issued under this Act and that is applicable only to a particular business or business location due to circumstances uniquely present at that particular business or business location.

Section 99. Effective date. This Act takes effect upon becoming law.