Bill Text: IL HB5796 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 22-0)

Status: (Introduced - Dead) 2020-11-20 - Added Co-Sponsor Rep. Thomas Morrison [HB5796 Detail]

Download: Illinois-2019-HB5796-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5796 Introduced , 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.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Emergency Management Agency Act is
amended by adding Section 7.1 as follows:
(20 ILCS 3305/7.1 new)
Sec. 7.1. Fair Business Treatment Law.
(a) This Section may be referred to as the Fair Business
Treatment Law.
(b) 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 a

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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
groups and sectors of retail businesses, and between persons
engaged in the business of selling tangible personal property
at retail.
For example, within the North American Industry
Classification System, the retailing of shoes and footwear is
classified as industry classification #4482. At the same time,
the retailing of goods and services provided by a pharmacist is
classified as industry classification #44611. If, at any time,
an emergency relating to contagious disease is declared by
executive authority, including, but not limited to, a
declaration under the Illinois Emergency Management Agency
Act, this declaration may order the closure of nonessential
businesses. As one example of businesses that may be ordered
closed, a closure order may affect businesses defined as
operating within industry classification #4482. These are
persons engaged in the business of selling tangible personal
property at retail that concentrate on shoe retailing. At the
same time, the same declaration may declare an exception to the
closure order for business establishments that are defined as
engaged in essential businesses. These essential businesses
are classified, for the purpose of an emergency order, as
including a group of persons engaged in the business of selling
tangible personal property at retail that are legally

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

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engaged in the business of selling tangible personal property
at retail.
(c) As used in this Section:
"Industry classification" means classifications under the
North American Industry Classification System (NAICS) as
maintained within the United States.
"Person engaged in the business of selling tangible
personal property at retail" means both a purchaser and a
delivering supplier maintaining a place of business in this
State, as required by the particular context.
(d) If the Governor issues a proclamation declaring a
disaster under this 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, including, but not limited to, the activities of
persons engaged in the business of selling tangible personal
property at retail falling under paragraphs (9) and (12) of
Section 7 of this Act, the restriction must be enforced in such
a way 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.
(e) The Illinois Emergency Management Agency shall
develop, by administrative rule, a protocol for the fair
enforcement of a proclamation declaring a disaster under this

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