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 Members of a key legislative committee are scheduled to meet
May 20 to discuss a newly filed emergency rule that criminalizes businesses who
defy Gov. J.B. Pritzker’s stay at home order.
Pritzker amended Illinois Department of Public Health rules so business owners
can be charged with a Class A misdemeanor for violating his closure order. The
rule immediately took effect Friday, and now business owners can face a maximum
penalty fine of $2,500 and one year in prison. Since this new rule was filed as
an emergency rule, it would be effective for 150 days.
The Joint Committee on Administrative Rules, or JCAR, is facing pressure to
strike down Pritzker’s new rule at its Wednesday meeting, scheduled for 10:30
a.m.
Rep. Keith Wheeler, R-North Aurora, a member of JCAR, announced that he will
file a motion during the meeting to object to the governor’s new rule. In order
to successfully block the rule, at least eight of the 12 JCAR members must
approve the objection.
“A single mom doing nails in her own home to try to feed her children and keep a
roof over their heads would be subject to a substantial penalty, and even jail
time,” Wheeler said.
Six Republicans and six Democrats sit on the committee:
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Bill Cunningham, D-Chicago
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Mike Halpin, D-Rock Island
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Kimberly Lightford, D-Hillside
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Fran Hurley, D-Chicago
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Tony Muńoz, D-Chicago
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Andre Thapedi, D-Chicago
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Sue Rezin, R-Morris
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Paul Schimpf, R-Waterloo
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Tom Demmer, R-Dixon
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Steve Reick, R-Woodstock
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Keith Wheeler, R-North Aurora
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John Curran, R-Lemont
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If the motion to object is approved, then the new
rule would be temporarily blocked and small businesses would be
spared, at least in the short term, from facing criminal penalties.
What is JCAR?
The Joint Committee on Administrative Rules, or JCAR, is a
legislative committee composed of 12 members, equally divided
between Republicans and Democrats. Their main purpose is to approve
or deny rules and regulations created by state agencies. Rules can
be approved with a simply majority vote of approval by the
committee. Rules can also be objected to with a three-fifths
majority vote.
What is an emergency rule?
State agencies are allowed to create emergency rules when an agency
determines that a “threat to the public interest, safety or welfare”
exists. Emergency rules, unlike normal proposed rules, are allowed
to take effect immediately, without public comment. They are also
allowed to remain in effect for up to 150 days.
How do objections work?
Any lawmaker who serves on JCAR may file an objection to a rule or
an emergency rule if he or she believes the rule is not consistent
with law, or has an adverse economic impact on small businesses,
small municipalities or nonprofit organizations.
If the objection is approved, then the rule is temporarily blocked
until the agency responds. If the agency fails to respond within 90
days, the rule dies.
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