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Ex. DUT-IL-019 Standing duty Confirmed from a secondary source

Emergency amendment to 77 Ill. Adm. Code 690 (Section 690.50), 45 Ill. Reg. 987, effective January 4, 2021, as summarized in The Flinn Report, Vol. 45, Issue 3 (Jan. 15, 2021), with JCAR's vote of January 12, 2021

Re-adoption of the business face-covering and gathering rule for 2021, 'nearly identical' to 44 Ill. Reg. 13807; JCAR motion to object and suspend failed 6-5

Joint Committee on Administrative Rules (JCAR), Illinois General Assembly (The Flinn Report), describing the Illinois Department of Public Health's emergency rule · Illinois (State)

The COVID Project

The record

Jurisdiction
Illinois
Level
State
Authority
Illinois Administrative Procedure Act, 5 ILCS 100/5-45 (emergency rulemaking; section 5-45(c) exemption of public-health measures from the 24-month limit); Department of Public Health Act, 20 ILCS 2305
Issued
2021-01-04 Jan. 4, 2021
Effective
2021-01-04 (emergency rule, maximum 150 days) (read as 2021-01-04)
End
2021-05-17 (repealed by emergency rulemaking at 45 Ill. Reg. 6777, per the Part 690 source note, DUT-IL-003) (read as 2021-05-17)
In force
Jan. 4, 2021 to May 17, 2021
Quarters
2021 Q12021 Q2
Limitation types
Capacity limitGathering capFace-covering requirementWorkplace rulesStanding duty
Addressees
  • every business, service, facility or organization open to the public or to employees; schools and day cares; persons generally
Character
covid workplace rule
Collection
Standing duties: Illinois DUT-IL

Operative words

This emergency rule replaces, and is nearly identical to, a previous emergency rule (44 Ill Reg 13807) effective 8/7/20 that expired 1/3/21.... a motion to object to and suspend this rule failed on a 6-5 vote (8 affirmative votes are required to impose a suspension).

Penalty

20 ILCS 2305/8.1 Class A misdemeanor after written notice and order to disperse

What it required

Continued into 2021 the requirement that every business, service, facility, organization and school require face coverings and observe gathering limits, with the graduated enforcement ending in the section 8.1 penalty; the report records that the rule 'places the following requirements upon businesses, services, facilities, organizations, and schools to control the spread of COVID-19, but does not supersede any provisions of an Executive Order or the authority of local entities to enforce local rules, orders or ordinances.'

Retrieval note

Grade is verified_secondary as to the January 4, 2021 rule text, which was not read (the Register issue is on the ilsos.gov host that refused connections); the Flinn Report itself is JCAR's own publication and is read in full. The rule's repeal effective May 17, 2021 coincides with the Bridge Phase and the lifting of the general mask mandate for vaccinated persons (IL-036).