102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0341

 

Introduced 1/29/2021, by Rep. Mark Batinick

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3305/7.1 new

    Amends the Illinois Emergency Management Agency Act by creating the Fair Business Treatment Law. Provides that if the Governor issues a proclamation declaring a disaster under the Act or an executive order relating to the same disaster for which the proclamation was issued, and the proclamation or executive order includes one or more restrictions upon the retail sale of goods or services within Illinois, the restriction must be enforced so as not to favor any one industry classification of persons engaged in the business of selling tangible personal property at retail over any other industry classification of such persons. Requires the Illinois Emergency Management Agency to develop a protocol for the fair enforcement of proclamations declaring a disaster under the Act. Requires the Agency, in developing and maintaining the protocol, to consult with relevant private sector stakeholders, including representatives of the Illinois retail sales industry. Effective immediately.


LRB102 04389 CPF 14407 b

 

 

A BILL FOR

 

HB0341LRB102 04389 CPF 14407 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Emergency Management Agency Act is
5amended by adding Section 7.1 as follows:
 
6    (20 ILCS 3305/7.1 new)
7    Sec. 7.1. Fair Business Treatment Law.
8    (a) This Section may be referred to as the Fair Business
9Treatment Law.
10    (b) The General Assembly finds that in March 2020, and in
11the following months of calendar year 2020, the people of the
12State of Illinois faced a virus that causes a contagious
13disease named COVID-19. The global pandemic caused by this
14virus led to significant deaths, illnesses, and economic
15disruption throughout Illinois. The Governor of Illinois
16responded to the COVID-19 pandemic by issuing a series of
17emergency executive orders, commencing with Executive Order
182020-3 and continued through following executive orders. These
19executive orders were described as efforts to reduce contagion
20and diminish the ability of the virus that causes COVID-19 to
21pass from person to person within Illinois.
22    The General Assembly: (i) recognizes the need for
23emergency management authority powers to deal with a disaster

 

 

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1of a magnitude such as that caused by COVID-19 in the year
22020; but on the other hand (ii) sharply opposes the use of
3emergency management authority powers to draw distinctions
4between groups and sectors of retail businesses, and between
5persons engaged in the business of selling tangible personal
6property at retail.
7    For example, within the North American Industry
8Classification System, the retailing of shoes and footwear is
9classified as industry classification #4482. At the same time,
10the retailing of goods and services provided by a pharmacist
11is classified as industry classification #44611. If, at any
12time, an emergency relating to contagious disease is declared
13by executive authority, including, but not limited to, a
14declaration under the Illinois Emergency Management Agency
15Act, this declaration may order the closure of nonessential
16businesses. As one example of businesses that may be ordered
17closed, a closure order may affect businesses defined as
18operating within industry classification #4482. These are
19persons engaged in the business of selling tangible personal
20property at retail that concentrate on shoe retailing. At the
21same time, the same declaration may declare an exception to
22the closure order for business establishments that are defined
23as engaged in essential businesses. These essential businesses
24are classified, for the purpose of an emergency order, as
25including a group of persons engaged in the business of
26selling tangible personal property at retail that are legally

 

 

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1distinguished from other such groups. "Essential businesses"
2may be classified as including pharmaceutical care, goods, and
3professional services. A classification of this type was set
4forth and enforced in calendar year 2020 by Executive Order
52020-10 and succeeding executive orders.
6    The General Assembly finds that if: (i) an essential
7business is allowed to remain open; (ii) the essential
8business's physical business model also includes the retailing
9of goods within sectors other than those defined as essential;
10and (iii) the essential business's entire place of business is
11allowed to remain open, then market activity will shift from
12nonessential businesses to firms classified as enjoying the
13status of being an essential business.
14    The General Assembly finds that this distinction between
15essential businesses and nonessential businesses threatens
16Illinois jobs. The General Assembly finds that the outcome of
17any distinction between so-called essential businesses and
18so-called nonessential businesses is to allow essential
19businesses to enjoy and maintain a strategic advantage over
20nonessential businesses at a level that may threaten the jobs
21of Illinois workers and the survival of Illinois persons
22engaged in the business of selling tangible personal property
23at retail.
24    The legislative intent of this Section is to reduce the
25inequality created by the process described in this subsection
26(b), and in its place to create equality between persons

 

 

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1engaged in the business of selling tangible personal property
2at retail.
3    (c) As used in this Section:
4    "Industry classification" means classifications under the
5North American Industry Classification System (NAICS) as
6maintained within the United States.
7    "Person engaged in the business of selling tangible
8personal property at retail" means both a purchaser and a
9delivering supplier maintaining a place of business in this
10State, as required by the particular context.
11    (d) If the Governor issues a proclamation declaring a
12disaster under this Act or an executive order relating to the
13same disaster for which the proclamation was issued, and the
14proclamation or executive order includes one or more
15restrictions upon the retail sale of goods or services within
16Illinois, including, but not limited to, the activities of
17persons engaged in the business of selling tangible personal
18property at retail falling under paragraphs (9) and (12) of
19Section 7 of this Act, the restriction must be enforced in such
20a way as not to favor any one industry classification of
21persons engaged in the business of selling tangible personal
22property at retail over any other industry classification of
23such persons.
24    (e) The Illinois Emergency Management Agency shall
25develop, by administrative rule, a protocol for the fair
26enforcement of a proclamation declaring a disaster under this

 

 

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1Act or an executive order relating to the same disaster for
2which the proclamation was issued. The protocol shall: (1)
3operate across industry classifications; (2) create equal
4treatment for all industry classifications involving the
5retail sale of goods or services; and (3) apply to all persons
6engaged in the business of selling tangible personal property
7at retail. In developing and maintaining the protocol, the
8Agency shall consult with relevant private sector
9stakeholders, including, but not limited to, representatives
10of the Illinois retail sales industry.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.