Skip to content
The COVID Project
  1. Library
  2. Standing duties: Illinois
  3. DUT-IL-004

Ex. DUT-IL-004 Standing duty Primary source read

Emergency amendment to 77 Ill. Adm. Code 690 adding Section 690.50, Pandemic or Epidemic Respiratory Disease - Emergency Provisions

Face-covering and gathering requirements binding every business, service, facility and organization open to the public or to employees, with graduated enforcement ending in the Class A misdemeanor of 20 ILCS 2305/8.1

Illinois Department of Public Health · Illinois (State)

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 Reg. 987 effective Jan. 4, 2021, DUT-IL-019; repealed by emergency rulemaking at 45 Ill.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
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 note

The 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).