Updated 6/2/2020 4:49 PM CT
On this page: Staying in Compliance with State and Federal Mandates | Open Meetings Act | Employment Issues | Illinois' Executive Orders and Proclamations | Federal Acts and Guidelines
Staying in Compliance with State and Federal Mandates
Summary of Illinois Mandates and Guidance Relating to COVID-19
Illinois Gov. Pritzker announced on March 19 that he was issuing a stay-at-home executive order (IL EO 10 / COVID-19 EE 8) to go into effect the evening of Saturday, March 20, 2020. To help answer questions about what businesses and organizations are considered essential, the Illinois Department of Commerce and Economic Opportunity (Illinois DCEO) released an Essential Businesses & Operations document. This document answers questions such as "What businesses and operations are considered essential?" and "My business is not considered an 'Essential Business,' does this order require the business to shut down my facility?" Libraries of central and southern Illinois asked IHLS for more guidance as to if the stay-at-home order means libraries must close, leading library attorney Phil Lenzini to draft a response to IHLS-member libraries' questions.
On April 6, the governor's office released guidance for libraries, giving their answer as to whether or not libraries are essential. They state: "As most libraries are a function of government, Executive Order 10, as extended by Executive Order 18, leaves it up to each governmental body to determine what governmental functions are essential. Libraries should confirm with their municipality whether they are required to close. Libraries that remain open should practice safe social distancing or limit interactions with the public. For more guidance, please contact DCEO at 1-800-252-2923 or CEO.email@example.com." Illinois DCEO released an Update to its Essential Businesses & Operations FAQs 3 days later.
Gov. Pritzker announced an extension with modifications of the stay-at-home order on April 23, to be signed April 30 as Illinois Executive Order 2020-32 and to in effect May 1-29, 2020. IHLS and RAILS immediately consulted the organizations' respective attorneys and came to different conclusions: RAILS' attorney guidance, based on the Governor's Office press brief and press release, and IHLS' attorney guidance, based on the pre-filing draft of the 4/30/2020 executive order. Additionally, Executive Order 2020-33 / COVID-19 Executive Order No. 31 reissues Illinois executive orders 3 through 31, extending most provisions through May 29.
The Governor's administration's plan to reopen Illinois, titled Restore Illinois, was released on May 5, 2020. Based on recommendations by Illinois Department of Health and a team of epidemiologists and health experts, the plan groups pre-established emergency response hospital regions into 4 main regions, including Northern Illinois, North Central Illinois, Central Illinois, and Southern Illinois. According to this plan, all four regions began Phase II on May 1, 2020. If one or more regions meet certain milestones then they would be allowed to proceed to Phase 3 of the Restore Illinois plan. On May 29, all 4 regions moved to Phase 3, and Executive Order 2020-38 was signed.
Guidance Resources by Data
Restore Illinois Metrics on the IDPH homepage — The current metrics on which the Restore Illinois plan will be based
Restore Illinois: A Public Health Approach to Safely Reopening Our State (5/5/20) — A 5-phase, 4-region plan to reopen Illinois
Response from IHLS Attorney Lenzini Regarding Questions about Illinois' 'Modified' Stay-at-Home Order Announcement (4/24/20) — A legal opinion based on the pre-filing draft of the announced executive order
Initial guidance from RAILS’ attorney on modified Stay at Home Order (4/24/20) — A second legal opinion based on Gov. Pritzker's 4/23/20 press briefing and press release
Essential Businesses & Operations Frequently Asked Questions UPDATED 4/9/20 — (4/9/20) A document developed by the Illinois Department of Commerce as an update to the original document.
Governor's Office Daily COVID-19 Frequently Asked Questions (4/6/20) — Includes guidance for libraries regarding the question of if they are essential (see page 4)
Essential Businesses & Operations — A document developed by the Illinois Department of Commerce. This document answers questions such as "What businesses and operations are considered essential?" and "My business is not considered an 'Essential Business,' does this order require the business to shut down my facility?"
- Response from Attorney Phil Lenzini Regarding Libraries' Questions about Illinois' 3/20/20 Stay-at-Home Order (3/26/20) — IHLS's attorney's responses to questions regarding essential services, managing staff, paying staff, and the Protected Families First Coronavirus Response Act.
Open Meetings Act
- Senate Bill 2135 and Required Steps for Virtual Meetings — (6/3/2020) This bill amends the Open Meetings Act and addresses remote participation in meetings of public bodies while under disaster proclamations.
These procedures should be adopted immediately. Attorney Phil Lenzini has outlined the required steps for virtual meetings in this article.
- Illinois Executive Order 2020-7 / COVID-19 Executive Order No. 5 — (3/16/2020) Among other items, this order suspends the provisions of the Illinois Open Meetings Act (OMA) relating to in-person attendance by trustees and members of the public at board meetings and allows remote (audio or video) meetings to be streamed to the public.
- a news interpretation: Pritzker authorizes remote meetings for local governments, public bodies (3/17/20; Capitol News Illinois)
- Guidance to Public Bodies on the Open Meetings Act and the Freedom of Information Act during the COVID-19 Pandemic (updated 4/9/20; Illinois Attorney General's Office)
- a legal interpretation: Illinois Attorney General Issues Guidance on OMA & FOIA (3/18/20; Municipal Minute)
- Further guidance: Conducting Open Meetings during COVID-19 (3/31/20; Municipal Minute)
Have additional questions about OMA compliance? Contact the Public Access Officer for the Illinois Attorney General's Office.
Please see these other essential documents and guidance:
- Family First Coronavirus Response Act (FFCRA) webinar by the Wage & Hour Division of the U.S. Dept. of Labor — (date unknown; 5/14/20 or earlier)
- Workplace Health and Safety Guidance for Employees and Staff of Businesses — (4/30/20) Notification from the Illinois Attorney General's Office to employees on what employers should be doing to protect their employees, including social distancing, personal protective equipment, what to do if you have symptoms of COVID-19 or a coworker has the disease, and how to handle employers who are not adequately protecting employees through this guidance. This is a required posting for employers.
Summary of the Core Points of the U.S. Department of Labor's Guidance on Paid Leave Under the Emergency Paid Sick Leave Act & the Emergency Family & Medical Leave Expansion Act — (3/25/20) Attorney guidance drafted for the Illinois Library Association
U.S. Department of Labor Employee Rights Poster — (3/2020) This updated poster reflects the changes to the Paid Sick Leave and Expanded Family and Medical Leave Act under the Families First Coronavirus Response Act. This is a required posting for employers, to be posted before April 1, 2020.
Illinois COVID-Related Orders & Proclamations
Here you'll find several of the Illinois executive and administrative orders regarding the COVID-19 response as well as brief summaries taken from the Illinois Governor's Office website:
*Added 6/2/20* Executive Order 2020-38 / COVID-19 Executive Order No. 36 — (5/29/20) "PHASE THREE REOPENING — Safely and conscientiously resumes activities that were paused due to COVID-19. Outlines public health requirements for individuals, businesses, retail stores, manufacturers, office buildings, restaurants and bars, gyms, personal service facilities, youth sports, and public amusement. Does not limit the free exercise of religion, and indoor services must not exceed more than 10 people. Individuals must continue to practice social distancing, maintaining at least a six-foot distance, and wear a face covering in public places or when working."
Executive Order 2020-33 / COVID-19 Executive Order No. 31 — (4/30/20) "REISSUES EXECUTIVE ORDERS — Reissues Executive Orders 2020-03 through 2020-31, extending most provisions through May 29, 2020."
Illinois Executive Order 2020-32 / COVID-19 Executive Order No. 30 — (announced 4/30/20, signed 4/30/20, to go into effect 5/1/2020) "NEW STAY AT HOME ORDER This new order allows Illinoisans to leave their home for essential activities, including for health and safety, for necessary supplies and services, for outdoor activity, for certain types of work, to take care of others, and to engage in the free exercise of religion, but otherwise requires them to stay at home or their place of residence to prevent spread of COVID-19. Individuals are required to wear a face covering in public places when they are unable to maintain a six-foot social distance, such as in stores. Defines essential businesses and operations. Non-essential retail stores may fulfill online and telephonic orders through pick-up outside the store or delivery."
Pre-Filing Draft of the 4/30/2020 Executive Order — (announced 4/23/2020, to be signed 4/30/2020, to go into effect 5/1/2020) An extension of the stay-at-home order with some modifications for retail businesses
Illinois Executive Order 2020-18 / COVID-19 Executive Order No. 16 — (4/1/2020, announced 3/31/2020) "An extension of the state’s disaster proclamation, requiring individuals to stay at home or their place of residence for an additional 30 days. Individuals may leave their homes only for essential activities or for essential operations. Extends the suspension of on-site learning in K-12 schools, with schools transitioning from Act of God Days to Remote Learning Days."
Illinois Executive Order 2020-10 / COVID-19 Executive Order No. 8 — (3/20/2020) "STAY AT HOME — All individuals must stay at home, with exceptions for essential activities, essential government functions, and essential businesses and operations. All non-essential business and operations must cease, aside from Minimum Basic Operations. Business can continue with employees working from home. Local government units across the state must halt all evictions, and gatherings of more than 10 people are prohibited."
Illinois Executive Order 2020-7 / COVID-19 Executive Order No. 5 — (3/16/2020) "RESTAURANTS & BARS — Beginning March 16 at 9 p.m., bars and restaurants must suspend on-premises consumption, but are permitted to continue delivery service, drive-through and curbside pick-up. Gatherings of 50 or more people are prohibited, including fitness centers, private clubs, and theaters." This order also suspends the provisions of the Illinois Open Meetings Act (OMA) relating to in-person attendance by trustees and members of the public at board meetings and allows remote (audio or video) meetings to be streamed to the public.
Illinois Executive Order 2020-5 / COVID-19 Executive Order No. 3 — (3/13/2020) "K-12 SCHOOLS — All public and private K-12 schools must close for educational purposes; however, this will not affect the availability of school buildings to supply food for students in need."
Illinois Executive Order 2020-4 / COVID-19 Executive Order No. 2 — (3/13/2020) "LARGE GATHERINGS — Gatherings of 1,000 or more people are prohibited, including concerts, conferences and sporting events as well as closes the James R. Thompson Center to the public, except for necessary state business."
- 5/29/20 Disaster Proclamation
- 4/30/20 Disaster Proclamation (Spanish)
- 4/1/20 Disaster Proclamation (Spanish)
- 3/12/20 Disaster Proclamation (Spanish)
Federal Acts and Guidelines
Guidelines for Opening Up America Again — President Trump has unveiled Guidelines for Opening Up America Again, a three-phased approach based on the advice of public health experts. These steps will help state and local officials when reopening their economies, getting people back to work, and continuing to protect American lives.
H.R.6201 - Families First Coronavirus Response Act — (3/18/2020) Public Law No: 116-127 — "This bill responds to the COVID-19 (i.e., coronavirus disease 2019) outbreak by providing paid sick leave, tax credits, and free COVID-19 testing; expanding food assistance and unemployment benefits; and increasing Medicaid funding."
DISCLAIMER: Illinois Heartland Library System does not offer medical or legal advice. Please check with your medical or legal professional before making any health or law-related decisions.