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Ex. DUT-IL-002 Standing duty Primary source read

20 ILCS 3305/7 (Emergency Powers of the Governor)

Emergency powers of the Governor upon a disaster proclamation, including control of the movement of persons and the occupancy of premises

Illinois General Assembly (Illinois Emergency Management Agency Act) · Illinois (State)

The COVID Project

The record

Jurisdiction
Illinois
Level
State
Authority
Illinois Emergency Management Agency Act, 20 ILCS 3305; Ill. Const. art. V
Issued
2026-09-28 Sept. 28, 2026
Effective
standing (read as 2026-09-28)
End
standing
In force
Standing since Sept. 28, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStay-at-homeBusiness closureGathering capStanding duty
Addressees
  • persons generally; all businesses and premises in the disaster area (every Illinois county from March 9, 2020)
Character
statutory authority
Collection
Standing duties: Illinois DUT-IL

Operative words

In the event of a disaster, as defined in Section 4, the Governor may, by proclamation declare that a disaster exists. Upon such proclamation, the Governor shall have and may exercise for a period not to exceed 30 days the following emergency powers... (8) To control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.

Penalty

The IEMA Act contains no general criminal penalty of its own for a person's violation of a gubernatorial order; the orders recite enforcement 'pursuant to, inter alia, Section 7, Section 15, Section 18, and Section 19' (IL-005 ¶ 17; IL-013; IL-019), and the business-level penalty was supplied through 20 ILCS 2305/8.1 by IDPH's emergency rule 690.50 (DUT-IL-004, DUT-IL-014)

What it required

Section 7 is the recited authority of every Illinois COVID-19 executive order (IL-005 recites 7(1), (2), (8), (10), (12)); paragraph (8) is the power over 'the movement of persons' and 'the occupancy of premises' from which the stay-at-home, closure, capacity, gathering and face-covering requirements issued, and paragraph (12) the power to 'control, restrict, and regulate' the use, sale or distribution of goods. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Section 15 (Immunity), also recited in the orders' enforcement clauses, immunizes the State, its political subdivisions and their officers 'engaged in any emergency management response or recovery activities, while complying with or attempting to comply with this Act' (read at https://ilga.gov/Documents/legislation/ilcs/documents/002033050K15.htm; not saved). Fox Fire Tavern held that section 7 'plainly authorizes the Governor to issue successive disaster proclamations stemming from one ongoing disaster' (DUT-IL-010 ¶ 24).