Illinois Senator Bill Cunningham (Democrat, 18th District) will sponsor legislation to provide guidance to public health officials and law enforcement in instances where business owners are out of compliance with the Illinois stay-at-home order.
The Illinois Department of Public Health withdrew the emergency rule that could have left business owners with a Class A misdemeanor if they did not follow guidelines stated in the Restore Illinois plan.
Pritzker said that other states have enforcement measures built into their statutes.
“The majority of states from our Midwest colleagues like Ohio and Wisconsin to other Republican led states, like Georgia and Florida, have or have had a broader range of enforcement mechanisms relating to their stay at home orders,” Pritzker said. “This temporary emergency rule brought Illinois in line with this national practice, giving local officials more flexibility in their ability to enforce this order with a simple citation. That flexibility is the critical piece of this, the state already has enforcement authority, through an IDPH closure order or the revocation of a business license.
“But those tools are harsher measures than anybody who is interested in pursuing a business that chooses not to follow the rules can recover from a fine. It is much more expensive to deal with being stripped of a license.”
Pritzker added that the time that the lawmakers will be able to provide the guidance needed for officials as Illinois moves through the phases to fully open again.
“I urge the General Assembly to take up and pass this legislation this week,” Pritzker said. “Given the importance of what we are trying to do here, we will look to file an additional rule if legislation does not occur.
“Our only goal here is one that we all share prioritizing public health, while reducing the harm that bad actors can cause the broader small business community, so important to the strength of our economy.”
Cunningham, who is also the co-chair of the Joint Committee on Administrative Rules, said that Pritzker was operating as he should while legislature was not in session over the last two months.
The Joint Committee on Administrative Rules met for three hours prior to going public early Wednesday afternoon, only to say that IDPH was withdrawing the executive rule.
“We’ve talked with the governor, both the members of the Joint Committee on Administrative Rules, which I am the co-chairman of, and the leadership in both chambers,” Cunningham said. “We think it’s appropriate that we deal with this problem through the regular legislative order, and that’s what we’re committed to do this week.
“I think I can speak for myself and I believe a number of other legislators that we agree with the intent of the Department of Public Health when it comes to enforcing the governor’s stay at home order.
“We’ve had some disagreements about the exact process, but now we’ll be able to delve into those things here in the legislature, that’s the way the process is intended to work, and we’re looking forward to working with the governor and developing a I think a really important and sensible piece of legislation.”
Pritzker and Cunningham were also joined by the Director of the Illinois State Police Brendan Kelly who said called the COVID-19 pandemic the most difficult problem law enforcement has had to deal with in their lifetimes as they balanced the need for public health and public safety, as well as the need for personal rights and personal concerns and the ability for people to live their lives.
“This is an extremely difficult problem, and the men and women of law enforcement have risen to the challenge at every stage to do everything they can to protect the public health in these very different, difficult circumstances,” Kelly said.
Kelly reported that business owners who have moved ahead of the Restore Illinois plan have not been arrested but have received verbal warnings or been written warning, a notice to cease and desist or closure warnings.
“Let me say from the very beginning, it has been the governor’s intent in the governor’s direction from day one that no one be arrested, no one be taken to jail, no one be put in that situation for violating the conditions of the executive order or any emergency rule,” Kelly said.
“It has also been understandably clear that everyone is reluctant to pursue a full closure order and completely shut down a business and put that business out of business for whatever period that may be. That is a pretty harsh remedy, and there’s not anybody who has in their heart to one pursue that remedy.
“In addition, there’s been no one who’s had a desire to be to pursue violations of the licensing requirements, no one wants to take somebody’s liquor license permanently and put that business out of business.”
The measures put in place by the Illinois legislature will provide clarity and consistency that the law enforcement have been looking for.
“The men and women who serve in law enforcement are an extremely difficult position, but they handle it very well,” Kelly said. “They handle it very smartly and they handle it very patiently. And we need to give them the tool as this process moves forward so that we have consistent outcomes that we have fairness and we have clarity.”
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