Illinois lawmakers are currently in the process of making one of their most ridiculous decisions yet. They want to pass legislation that is designed to give the government an even greater amount of power. If successful, the legislation will give the government the chance to make confiscations that should be considered beyond their jurisdiction.
Citizens and business owners would be affected by this new legislation and we are sure that protests would be aplenty. State emergencies are no time to engage in a naked power grab but that’s not a belief that is shared by Illinois governor J.B. Pritzker. Senator William E. Brady is also on board.
He’s currently the Illinois minority leader in their Senate. Shockingly, Brady is not a Democrat. He’s somehow allowed himself to get swept up in their tyrannical behavior, though. It’s sad to see. If SB3993 passes, businesses would have to closely adhere to the state’s established protocols before they are allowed to reopen their doors.
There would be customer density limits that would be chosen based on the square footage of the establishment and their unique social distancing concerns. Employees would be required to cover their faces while they are on the job. If additional protocols need to be put into place for customer facing businesses, the government would be allowed to decide on them.
The protocols include:
The protocols shall include:
(1) customer density limits based on business facilities’ square footage and appropriate social distancing;
(2) face covering requirements for employees; and
(3) regular cleaning regimens.
(d) The Department shall publish additional protocols for specific customer-facing businesses as necessary.
(e) A business that complies with the protocols may reopen and rehire staff at its discretion as soon as is practical.
(f) A hospital or other healthcare facility that abides by the protocols and is located in a Region with adequate intensive care unit capacity may offer the full spectrum of inpatient and outpatient care and treatment to its patients.
The Department shall conduct a public information campaign to explain hospitals’ and healthcare facilities’ safety protocols and to urge patients not to put off any necessary care.
(g) A day care center, as that term is defined under Section 2.09 of the Child Care Act of 1969, may reopen or expand its capacity at its discretion and as soon as is practical if it complies with the protocols.
The restrictions do not end there, either. Regular cleaning regimens have to be established. Various establishments won’t be allowed to hire new employees until they have complied with the rules. It is easy to see these new rules turning into a weapon for the government to wield at their own discretion.
The worst part of all? The aforementioned ability to confiscate personal property for non compliance. It’s such a needlessly vague rule that could be bent and twisted into all sorts of directions. When we say personal property, we are not referring to barber chairs or restaurant tables.
(20 ILCS 3305/7) (from Ch. 127, par. 1057)
Sec. 7. Emergency Powers of the Governor.
(4) On behalf of this State to take possession of, and to acquire full title or a lesser specified interest in, any personal property as may be necessary to accomplish the objectives set forth in Section 2 of this Act, including: airplanes, automobiles, trucks, trailers, buses, and other vehicles; coal, oils, gasoline, and other fuels and means of propulsion; explosives, materials, equipment, and supplies; animals and livestock; feed and seed; food and provisions for humans and animals; clothing and bedding; and medicines and medical and surgical supplies; and to take possession of and for a limited period occupy and use any real estate necessary to accomplish those objectives; but only upon the undertaking by the State to pay just compensation therefor as in this Act provided, and then only under the following provisions:
a. The Governor, or the person or persons as the Governor may authorize so to do, may forthwith take possession of property for and on behalf of the State; provided, however, that the Governor or persons shall
SB3993 – 5 – LRB101 21409 CPF 72043 b
simultaneously with the taking, deliver to the owner or his or her agent, if the identity of the owner or agency is known or readily ascertainable, a signed statement in writing, that shall include the name and address of the owner, the date and place of the taking, description of the property sufficient to identify it, a statement of interest in the property that is being so taken, and, if possible, a statement in writing, signed by the owner, setting forth the sum that he or 0 she is willing to accept as just compensation for the property or use. Whether or not the owner or agent is known or readily ascertainable, a true copy of the statement shall promptly be filed by the Governor or the person with the Director, who shall keep the docket of the statements. In cases where the sum that the owner is willing to accept as just compensation is less than $1,000, copies of the statements shall also be filed by the Director with, and shall be passed upon by an Emergency Management Claims Commission, consisting of 3 disinterested citizens who shall be appointed by the Governor, by and with the advice and consent of the Senate, within 20 days after the Governor’s declaration of a disaster, and if the sum fixed by them as just compensation be less than $1,000 and is accepted in writing by the owner, then the State Treasurer out of funds appropriated for these purposes, shall, upon certification thereof by the Emergency Management Claims Commission, cause the sum so certified forthwith to be paid to the owner. The Emergency Management Claims Commission is hereby given the power to issue appropriate subpoenas and to administer oaths to witnesses and shall keep appropriate minutes and other records of its actions upon and the disposition made of all claims.
The Illinois government is angling to seize the property in its entirety, title and all. This also includes vehicles that are being used by the company. Human and animal provisions, medical supplies, real estate, bedding and clothing and gasoline all fall under the umbrella of this proposed legislation.
While this is the sort of behavior that anyone could reasonably expect from a Democrat, we cannot believe that a Republican is trying to push this legislation through. Illinois is on the verge of a horrific altercation. How can the home and business owners in this state sit idly by and watch the governor threaten to take their personal property?
Once the protests inevitably begin, the state is going to start thinking twice about the logic that they are displaying here. You cannot tell a business owner that you are going to seize their livelihood because they still want to make a living. If a business owner is looking at a repossession or a default on their bank loans if they cannot open, what is their motivation to abide by this sort of legislation?
There isn’t any. A business owner is basically being given two choices here. They can either open their doors and wait for the government to come take their property away or they can do their own thing. Either way, they are placing their business at risk. At that point, you may as well try to get as much as you can while you can before it is too late. No one is going to be abiding by these laws, at least not their true intent.
Of course, businesses cannot make decisions that will endanger their shoppers. The need for income cannot override the need for safety. We just wish that companies could make decisions for themselves and rely on their common sense. Instead, they are being treated with kid gloves by government officials who are acting as if they do not have the ability to make their own decisions. Anyone can understand why people would be frustrated by this legislation.
Republicans In Name Only (also known as RINOs) are causing the same sort of issues that Democrats are known for. They are making life much harder on Illinois residents and there is no reason for it. For the sake of this state, we hope that the legislation is not able to pass.
Otherwise, we are going to turn on the news and see all sorts of riots happening. The first time that a business owner is asked to hand over their title, all hell is going to break loose. There’s still time, though. Governor Pritzker, this is your chance to make things right before the you know what hits the fan.