April 23, 2020
EXECUTIVE ORDER IN RESPONSE TO COVID-19
COVID-19 EXECUTIVE ORDER NO. 28
WHEREAS, Coronavirus Disease 2019 (COVID-19) is a novel severe acute respiratory illness that can spread among people through respiratory transmissions and present with symptoms similar to those of influenza; and,
WHEREAS, I, JB Pritzker, Governor of Illinois, declared all counties in the State of Illinois as a disaster area on March 9, 2020 (First Gubernatorial Disaster Proclamation) in response to the outbreak of COVID-19; and,
WHEREAS, I again declared all counties in the State of Illinois as a disaster area on April 1, 2020 (the Second Gubernatorial Disaster Proclamation, and, together with the First Gubernatorial Disaster Proclamation, the Gubernatorial Disaster Proclamations) in response to the exponential spread of COVID-19; and,
WHEREAS, in a short period of time, COVID-19 has rapidly spread throughout Illinois, necessitating updated and more stringent guidance from federal, state, and local public health officials; and,
WHEREAS, the number of COVID-19 cases in Illinois has increased exponentially and across more locations in Illinois and is resulting in an increasing number of deaths; and,
WHEREAS, on March 20, 2020, I issued Executive Order 2020-10, in which I ordered all individuals currently living within the State of Illinois to stay at home or at their place of residence except as allowed in the Executive Order; and,
WHEREAS, in Executive Order 2020-10, I ordered all businesses and operations in the State, except Essential Businesses and Operations as defined in the Executive Order, to cease all activities within the State except Minimum Basic Operations, as defined in the Executive Order; and,
WHEREAS, Executive Order 2020-18 extended Executive Order 2020-10 in its entirety for the duration of the Gubernatorial Disaster Proclamations, which currently extends through April 30, 2020; and,
WHEREAS, COVID-19 has resulted in significant economic impact, including loss of income and wages, that threatens to undermine the financial security of many Illinoisans; and,
WHEREAS, while Executive Order 2020-10 prohibits law enforcement from enforcing eviction orders for residential properties, the ongoing public health emergency requires further action to prevent the initiation of residential eviction proceedings; and,
WHEREAS, residential evictions are contrary to the interest of preserving public health by ensuring that individuals remain in their homes during this public health emergency; and,
WHEREAS, protections for tenants of non-residential properties are necessary to ensure that Essential Businesses and Operations, as defined in Executive Order 2020-10, are able to continue providing necessary goods and services, and other businesses are able to comply with the previously mandated closures and restrictions; and,
WHEREAS, residential and non-residential eviction actions are governed by Article IX of the Illinois Code of Civil Procedure, 735 ILCS 5/9-101 et seq.; and,
WHEREAS, the Consular Identification Document Act, 5 ILCS 230/1 et seq., provides that each State agency and officer and unit of local government that requires members of the public to provide identification shall accept a consular identification document as valid identification of a person; and,
WHEREAS, consular identification documents are official identification cards issued by a foreign government through its consular offices for the purpose of identifying a foreign national who is living outside of that nation; and,
WHEREAS, in an effort to reduce the spread of COVID-19, many consular offices in the State of Illinois have suspended or reduced certain services, including the issuance and renewals of consular identification documents;
THEREFORE, by the powers vested in me as the Governor of the State of Illinois, and pursuant to Sections 7(1), 7(2), 7(8), 7(10), and 7(12) of the Illinois Emergency Management Agency Act, 20 ILCS 3305, I hereby order the following, effective April 23, 2020 and for the remainder of the duration of the Gubernatorial Disaster Proclamations:
Section 1. Definitions. As used in this Executive Order, “State Agency” means any office, department, agency, board, commission or authority of the Executive Branch of the State of Illinois under the jurisdiction of the Governor.
Section 2. A person or entity may not commence a residential eviction action pursuant to or arising under 735 ILCS 5/9-101 et seq., unless a tenant poses a direct threat to the health and safety of other tenants, an immediate and severe risk to property, or a violation of any applicable building code, health ordinance, or similar regulation. Nothing in this Executive Order shall be construed as relieving any individual of the obligation to pay rent or comply with any other obligation that an individual may have pursuant to a lease or rental agreement. This Executive Order does not supersede any provision of any other prior Executive Order.
Section 3. All state, county, and local law enforcement officers in the State of Illinois are instructed to cease enforcement of orders of eviction for non-residential premises, unless the tenant has been found to pose a direct threat to the health and safety of other tenants, an immediate and severe risk to property, or a violation of any applicable building code, health ordinance, or similar regulation. Nothing in this Executive Order shall be construed as relieving any individual or entity of the obligation to pay rent or comply with any other obligation that an individual or entity may have pursuant to a lease or rental agreement. The continued need for this directive shall be evaluated upon issuance of any new Gubernatorial Disaster Proclamation.
Section 4. Any State Agency that requires members of the public to provide identification pursuant to a statute, order, rule, or regulation shall accept a consular identification document issued pursuant to the Consular Identification Document Act, 5 ILCS 230/1 et seq., as valid identification of a person, including any consular identification document that expired on or after the date of the First Gubernatorial Disaster Proclamation.
Section 5. The provision of Title 56, Section 5300.30 of the Illinois Administrative Code, setting forth procedural rules for the Illinois Human Rights Commission and requiring motions, orders, notices, and other pleadings to be served either personally or by first-class mail, is suspended. Service of pleadings pursuant to Section 5300.30 shall be permitted personally, by first-class mail, or by electronic mail for the duration of the Gubernatorial Disaster Proclamations.
Section 6. If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are declared to be severable.
Issued by the Governor April 23, 2020
Filed by the Secretary of State April 23, 2020