JCAR Allows Emergency Rule on Face Coverings

Aug. 11, 2020

The Joint Committee on Administrative Rules (JCAR) – a bipartisan panel of state legislators – this afternoon allowed an Illinois Dept. of Public Health emergency rule to go into effect for businesses, schools and child care establishments on the use of face coverings and the size of gatherings. JCAR considered a motion to oppose and suspend the rule. That motion, which required a super majority of eight votes, failed 6-5, so the rule stands.

The rule establishes a multi-step process before any penalty is issued:

  • First, businesses will be given a warning in the form of written notice and encouraged to voluntarily comply with public health guidance.   
  • Second, businesses that do not voluntarily comply will be given an order to have some or all of their patrons leave the premises as needed to comply with public health guidance and reduce risks.   
  • 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.

The rule does not apply to individuals, and penalties will not exceed a misdemeanor and a $75-$2,500 fine.
IHA and several other major health organizations supported the emergency rule.