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Ex. DUT-IL-016 Standing duty Primary source read

Press release, 'Gov. Pritzker Announces Efforts to Protect Illinois Communities and Frontline Workers in Response to Ongoing COVID-19 Pandemic' (announcing the IDPH emergency rules for businesses, schools and child care and the signing of SB 471)

Official description of the three-step enforcement of the business face-covering and gathering rule (written notice; order to disperse; Class A misdemeanor and $75-$2,500 fine) and statement that businesses have a responsibility to cooperate with public health investigations

Governor JB Pritzker (Office of the Governor release, with IDPH Director Ngozi Ezike) · 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; 77 Ill. Adm. Code 690.50 (emergency); Senate Bill 471 (Public Act 101-0639)
Issued
2020-08-07 Aug. 7, 2020
Effective
2020-08-07 (the rule described took effect the same day) (read as 2020-08-07)
End
n/a (statement) (read as 2021-06-30)
In force
Aug. 7, 2020 to June 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitation types
Gathering capFace-covering requirementWorkplace rulesStanding duty
Addressees
  • businesses, schools and child care establishments; retail workers (SB 471)
Character
agency position statement
Collection
Standing duties: Illinois DUT-IL

Operative words

First, businesses will be given a warning in the form of written notice... Second, businesses that do not voluntarily comply will be given an order to have some or all of their patrons leave the premises... Third, if the business continues to refuse to comply, the business can receive a class A misdemeanor and be subject to a fine ranging from $75-$2,500.

Penalty

Class A misdemeanor and fine of $75 to $2,500 against the business after written notice and order to disperse

What it required

Describes the rule's graduated enforcement against businesses; states that the rules 'reinforce the authority of IDPH and local health departments to investigate COVID-19 cases and reaffirm that businesses have a responsibility to cooperate with those investigations'; announces SB 471, adding a penalty for assaulting or battering a retail worker 'who is conveying public health guidance, such as requiring patrons to wear face-coverings or promoting social distancing.' Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; order_penalty layer).

Retrieval note

The release's 'voluntarily comply' describes the first rung of an enforcement ladder that ends in a criminal charge; the Governor's own framing is that the rule exists 'to enforce public health guidelines' against 'the minority of people who refuse to act responsibly.' Category 7 instrument (official statement of the business duty).