The COVID Project
The record
- Jurisdiction
- Illinois
- Level
- State
- Authority
- Department of Public Health Act, 20 ILCS 2305/2(a) and 8.1; Department of Public Health Powers and Duties Law, 20 ILCS 2310/15 (delegation to certified local health departments); Illinois Administrative Procedure Act, 5 ILCS 100/5-45 (emergency rulemaking)
- Issued
- 2020-08-07 Aug. 7, 2020
- Effective
- 2020-08-07 (emergency rule, maximum 150 days) (read as 2020-08-07)
- End
- 2021-01-03 (expired; re-adopted 'nearly identical' as 45 Ill. Reg. 987 effective Jan. 4, 2021, DUT-IL-019; repealed by emergency rulemaking at 45 Ill. Reg. 6777 effective May 17, 2021, source note in DUT-IL-003) (read as 2021-01-03)
- In force
- Aug. 7, 2020 to Jan. 3, 2021
- Quarters
- 2020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Capacity limitGathering capFace-covering requirementWorkplace rulesStanding duty
- Addressees
- persons generally (face coverings); every business, service, facility or organization open to the public or to employees; schools and day cares
- Character
- covid workplace rule
- Collection
- Standing duties: Illinois DUT-IL
Operative words
Any business, service, facility or organization open to the public or employees shall require employees, customers, and other individuals on the premises who are over age two and able to medically tolerate a face covering to cover their nose and mouth with a face covering when on premises and unable to maintain at least a six-foot social distance.
Penalty
20 ILCS 2305/8.1 Class A misdemeanor against the business after written notice and order to disperse; fines of $75 to $2,500 as stated in the Governor's release of Aug. 7, 2020 (DUT-IL-016); no penalty against individuals under the rule (690.50(d)(2))
What it required
Section 690.50(c) required every individual over two to wear a face covering in public when unable to keep six feet, required every business open to the public or to employees to require face coverings of employees and customers on its premises (with 'reasonable efforts' defined for retail as signage, providing coverings, verbal warnings and asking non-compliant customers to leave), required schools and day cares to require face coverings, and prohibited gatherings of more than fifty people or fifty percent of occupancy; section 690.50(d) made 'businesses, services, facilities or organizations... responsible for compliance with this rule,' directed all State and local officers to enforce it by written notice of non-compliance, then a written order to disperse, and then 'the penalties set forth in Section 8.1 of the Act' for a business that refuses to comply or repeats violations.
Retrieval noteThe file is the Department's Notice of Emergency Amendment in Illinois Register form, retrieved from the Illinois Municipal League's server because the Secretary of State's register host (ilsos.gov) refused every connection from this machine; its own source note recites 'emergency amendment at 44 Ill. Reg. ___, effective August 7, 2020 for a maximum of 150 days,' and the Register page cite 13807 and the effective date are confirmed by JCAR's Flinn Report of Aug. 21, 2020 (DUT-IL-020) and by the Part 690 source note (DUT-IL-003). The Department's first attempt, 44 Ill. Reg. 9282 (eff. May 15, 2020), which made a business's violation of the executive orders a Class A misdemeanor directly, was repealed May 20, 2020 (44 Ill. Reg. 10000).