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.


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A BILL FOR

 

SB3708LRB102 23335 CPF 32501 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 1. References to Act. This may be referred to as
5the Small Business Equal Treatment Law.
 
6    Section 5. The Illinois Emergency Management Agency Act is
7amended by adding Section 7.5 as follows:
 
8    (20 ILCS 3305/7.5 new)
9    Sec. 7.5. Equal treatment of small businesses.
10    (a) 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

 

 

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1emergency management authority powers to deal with a disaster
2of the magnitude such as that caused by COVID-19 in the year
32020; but on the other hand (ii) sharply opposes the use of
4emergency management authority powers to draw distinctions
5between small business and essential business.
6    (b) A business does not violate any proclamation issued by
7the Governor declaring that a disaster exists and may continue
8or resume operation if both of the following are true:
9        (1) The business is required to cease or limit
10    operation by order or rule of the Director of the Illinois
11    Emergency Management Agency or of the Agency itself and
12    that is issued under this Act to prevent a threat to the
13    public caused by a pandemic, epidemic, or bioterrorism
14    event.
15        (2) The business complies with all safety precautions
16    that the order or rule requires of businesses that are
17    permitted to continue or resume operation under the order
18    or rule.
19    (c) This Section does not apply to an order or rule of the
20Director of the Illinois Emergency Management Agency or of the
21Agency itself that is issued under this Act and that is
22applicable only to a particular business or business location
23due to circumstances uniquely present at that particular
24business or business location.
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.