SB2135 EnrolledLRB101 09971 HEP 55073 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:

5    Section 1-1. Short title. This Act may be cited as the
6Government Emergency Administration Act.
7    Section 1-5. Findings and purpose.
8    (a) The General Assembly finds that the statewide public
9health emergency caused by the outbreak of COVID-19 presents an
10unprecedented danger to the People of the State of Illinois,
11requiring the use of extraordinary precautions to reduce the
12risk of infection, causing delays in critical functions, and
13fundamentally altering the ways in which government must
14operate in order to serve the People of the State of Illinois.
15    (b) The purpose of this Act is to provide government with
16the tools that it needs to continue to serve the People of the
17State of Illinois and to better respond to the statewide public
18health emergency caused by the outbreak of COVID-19.

20    Section 5-5. The Department of Commerce and Economic



SB2135 Enrolled- 2 -LRB101 09971 HEP 55073 b

1Opportunity Law of the Civil Administrative Code of Illinois is
2amended by adding Section 605-1045 as follows:
3    (20 ILCS 605/605-1045 new)
4    Sec. 605-1045. Restore Illinois Collaborative Commission.
5    (a) The General Assembly hereby finds and declares that the
6State is confronted with a public health crisis that has
7created unprecedented challenges for the State's diverse
8economic base. In light of this crisis, and the heightened need
9for collaboration between the legislative and executive
10branches, the General Assembly hereby establishes the Restore
11Illinois Collaborative Commission. The members of the
12Commission will participate in and provide input on plans to
13revive the various sectors of the State's economy in the wake
14of the COVID-19 pandemic.
15    (b) The Department may request meetings be convened to
16address revitalization efforts for the various sectors of the
17State's economy. Such meetings may include public
18participation as determined by the Commission.
19    (c) The Department shall provide a written report to the
20commission and the General Assembly not less than every 30 days
21regarding the status of current and proposed revitalization
22efforts. The written report shall include applicable metrics
23that demonstrate progress on recovery efforts, as well as any
24additional information as requested by the Commission. The
25first report shall be delivered by July 1, 2020. The report to



SB2135 Enrolled- 3 -LRB101 09971 HEP 55073 b

1the General Assembly shall be delivered to all members, in
2addition to complying with the requirements of Section 3.1 of
3the General Assembly Organization Act.
4    (d) The Restore Illinois Collaborative Commission shall
5consist of 14 members, appointed as follows:
6        (1) four members of the House of Representatives
7    appointed by the Speaker of the House of Representatives;
8        (2) four members of the Senate appointed by the Senate
9    President;
10        (3) three members of the House of Representatives
11    appointed by the Minority Leader of the House of
12    Representatives; and
13        (4) three members of the Senate appointed by the Senate
14    Minority Leader.
15    (e) The Speaker of the House of Representatives and the
16Senate President shall each appoint one member of the
17Commission to serve as a Co-Chair. The Co-Chairs may convene
18meetings of the Commission. The members of the Commission shall
19serve without compensation.
20    (f) This section is repealed December 31, 2020.

22    Section 10-5. The Broadband Advisory Council Act is amended
23by adding Section 25 as follows:



SB2135 Enrolled- 4 -LRB101 09971 HEP 55073 b

1    (220 ILCS 80/25 new)
2    Sec. 25. Universal no-cost broadband Internet access.
3    (a) In furtherance of the purposes of this Act to expand
4broadband service to unserved rural and urban areas of this
5State and to achieve universal broadband service and Internet
6access for the residents of this State, the Broadband Advisory
7Council shall study the goal of providing free access to all
8residents of this State to broadband service through the
9expansion of the state broadband competitive matching grant
10program. The Broadband Advisory Council shall also study the
11alternative goal of providing affordable access to all
12residents of this State to broadband service. The Office of
13Broadband within the Department of Commerce and Economic
14Opportunity shall support and assist the Council in the
15development of the study.
16    (b) The study must include establishing access to broadband
17service in zip codes identified as having high levels of
18poverty and in the areas of the State without the
19infrastructure necessary to meet the requirements for
20high-speed access to the Internet. To the extent possible, the
21study shall consider the incorporation and expansion of the
22initiatives established in the Connect Illinois Broadband
23Strategic Plan. The Council's study shall identify existing and
24new streams of State, federal and private-public partnership
25revenue to underwrite the creation of necessary infrastructure
26and purchase unlimited broadband Internet access to be



SB2135 Enrolled- 5 -LRB101 09971 HEP 55073 b

1provided, without charge, to some or all residents of the
2State. The Council's study shall include a recommended schedule
3for implementation of free universal broadband to the extent
4determined to be feasible.
5    (c) The Council shall issue a report on its findings and
6    recommendations for any necessary legislation to the
7    General Assembly no later than January 1, 2021.

9    Section 15-5. The Open Meetings Act is amended by changing
10Sections 2.01 and 7 as follows:
11    (5 ILCS 120/2.01)  (from Ch. 102, par. 42.01)
12    Sec. 2.01. All meetings required by this Act to be public
13shall be held at specified times and places which are
14convenient and open to the public. No meeting required by this
15Act to be public shall be held on a legal holiday unless the
16regular meeting day falls on that holiday.
17    Except as otherwise provided in this Act, a A quorum of
18members of a public body must be physically present at the
19location of an open meeting. If, however, an open meeting of a
20public body (i) with statewide jurisdiction, (ii) that is an
21Illinois library system with jurisdiction over a specific
22geographic area of more than 4,500 square miles, (iii) that is
23a municipal transit district with jurisdiction over a specific



SB2135 Enrolled- 6 -LRB101 09971 HEP 55073 b

1geographic area of more than 4,500 square miles, or (iv) that
2is a local workforce investment area with jurisdiction over a
3specific geographic area of more than 4,500 square miles is
4held simultaneously at one of its offices and one or more other
5locations in a public building, which may include other of its
6offices, through an interactive video conference and the public
7body provides public notice and public access as required under
8this Act for all locations, then members physically present in
9those locations all count towards determining a quorum. "Public
10building", as used in this Section, means any building or
11portion thereof owned or leased by any public body. The
12requirement that a quorum be physically present at the location
13of an open meeting shall not apply, however, to State advisory
14boards or bodies that do not have authority to make binding
15recommendations or determinations or to take any other
16substantive action.
17    Except as otherwise provided in this Act, a A quorum of
18members of a public body that is not (i) a public body with
19statewide jurisdiction, (ii) an Illinois library system with
20jurisdiction over a specific geographic area of more than 4,500
21square miles, (iii) a municipal transit district with
22jurisdiction over a specific geographic area of more than 4,500
23square miles, or (iv) a local workforce innovation area with
24jurisdiction over a specific geographic area of more than 4,500
25square miles must be physically present at the location of a
26closed meeting. Other members who are not physically present at



SB2135 Enrolled- 7 -LRB101 09971 HEP 55073 b

1a closed meeting of such a public body may participate in the
2meeting by means of a video or audio conference. For the
3purposes of this Section, "local workforce innovation area"
4means any local workforce innovation area or areas designated
5by the Governor pursuant to the federal Workforce Innovation
6and Opportunity Act or its reauthorizing legislation.
7(Source: P.A. 100-477, eff. 9-8-17.)
8    (5 ILCS 120/7)
9    Sec. 7. Attendance by a means other than physical presence.
10    (a) If a quorum of the members of the public body is
11physically present as required by Section 2.01, a majority of
12the public body may allow a member of that body to attend the
13meeting by other means if the member is prevented from
14physically attending because of: (i) personal illness or
15disability; (ii) employment purposes or the business of the
16public body; or (iii) a family or other emergency. "Other
17means" is by video or audio conference.
18    (b) If a member wishes to attend a meeting by other means,
19the member must notify the recording secretary or clerk of the
20public body before the meeting unless advance notice is
22    (c) A majority of the public body may allow a member to
23attend a meeting by other means only in accordance with and to
24the extent allowed by rules adopted by the public body. The
25rules must conform to the requirements and restrictions of this



SB2135 Enrolled- 8 -LRB101 09971 HEP 55073 b

1Section, may further limit the extent to which attendance by
2other means is allowed, and may provide for the giving of
3additional notice to the public or further facilitate public
4access to meetings.
5    (d) The limitations of this Section shall not apply to (i)
6closed meetings of (A) public bodies with statewide
7jurisdiction, (B) Illinois library systems with jurisdiction
8over a specific geographic area of more than 4,500 square
9miles, (C) municipal transit districts with jurisdiction over a
10specific geographic area of more than 4,500 square miles, or
11(D) local workforce innovation areas with jurisdiction over a
12specific geographic area of more than 4,500 square miles or
13(ii) open or closed meetings of State advisory boards or bodies
14that do not have authority to make binding recommendations or
15determinations or to take any other substantive action. State
16advisory boards or bodies, public bodies with statewide
17jurisdiction, Illinois library systems with jurisdiction over
18a specific geographic area of more than 4,500 square miles,
19municipal transit districts with jurisdiction over a specific
20geographic area of more than 4,500 square miles, and local
21workforce investment areas with jurisdiction over a specific
22geographic area of more than 4,500 square miles, however, may
23permit members to attend meetings by other means only in
24accordance with and to the extent allowed by specific
25procedural rules adopted by the body. For the purposes of this
26Section, "local workforce innovation area" means any local



SB2135 Enrolled- 9 -LRB101 09971 HEP 55073 b

1workforce innovation area or areas designated by the Governor
2pursuant to the federal Workforce Innovation and Opportunity
3Act or its reauthorizing legislation.
4    (e) Subject to the requirements of Section 2.06 but
5notwithstanding any other provision of law, an open or closed
6meeting subject to this Act may be conducted by audio or video
7conference, without the physical presence of a quorum of the
8members, so long as the following conditions are met:
9        (1) the Governor or the Director of the Illinois
10    Department of Public Health has issued a disaster
11    declaration related to public health concerns because of a
12    disaster as defined in Section 4 of the Illinois Emergency
13    Management Agency Act, and all or part of the jurisdiction
14    of the public body is covered by the disaster area;
15        (2) the head of the public body as defined in
16    subsection (e) of Section 2 of the Freedom of Information
17    Act determines that an in-person meeting or a meeting
18    conducted under this Act is not practical or prudent
19    because of a disaster;
20        (3) all members of the body participating in the
21    meeting, wherever their physical location, shall be
22    verified and can hear one another and can hear all
23    discussion and testimony;
24        (4) for open meetings, members of the public present at
25    the regular meeting location of the body can hear all
26    discussion and testimony and all votes of the members of



SB2135 Enrolled- 10 -LRB101 09971 HEP 55073 b

1    the body, unless attendance at the regular meeting location
2    is not feasible due to the disaster, including the issued
3    disaster declaration, in which case the public body must
4    make alternative arrangements and provide notice pursuant
5    to this Section of such alternative arrangements in a
6    manner to allow any interested member of the public access
7    to contemporaneously hear all discussion, testimony, and
8    roll call votes, such as by offering a telephone number or
9    a web-based link;
10        (5) at least one member of the body, chief legal
11    counsel, or chief administrative officer is physically
12    present at the regular meeting location, unless unfeasible
13    due to the disaster, including the issued disaster
14    declaration; and
15        (6) all votes are conducted by roll call, so each
16    member's vote on each issue can be identified and recorded.
17        (7) Except in the event of a bona fide emergency, 48
18    hours' notice shall be given of a meeting to be held
19    pursuant to this Section. Notice shall be given to all
20    members of the public body, shall be posted on the website
21    of the public body, and shall also be provided to any news
22    media who has requested notice of meetings pursuant to
23    subsection (a) of Section 2.02 of this Act. If the public
24    body declares a bona fide emergency:
25            (A) Notice shall be given pursuant to subsection
26        (a) of Section 2.02 of this Act, and the presiding



SB2135 Enrolled- 11 -LRB101 09971 HEP 55073 b

1        officer shall state the nature of the emergency at the
2        beginning of the meeting.
3            (B) The public body must comply with the verbatim
4        recording requirements set forth in Section 2.06 of
5        this Act.
6        (8) Each member of the body participating in a meeting
7    by audio or video conference for a meeting held pursuant to
8    this Section is considered present at the meeting for
9    purposes of determining a quorum and participating in all
10    proceedings.
11        (9) In addition to the requirements for open meetings
12    under Section 2.06, public bodies holding open meetings
13    under this subsection (e) must also keep a verbatim record
14    of all their meetings in the form of an audio or video
15    recording. Verbatim records made under this paragraph (9)
16    shall be made available to the public under, and are
17    otherwise subject to, the provisions of Section 2.06.
18        (10) The public body shall bear all costs associated
19    with compliance with this subsection (e).
20(Source: P.A. 100-477, eff. 9-8-17.)
21    Section 15-15. The Electronic Commerce Security Act is
22amended by adding Section 95-20 as follows:
23    (5 ILCS 175/95-20 new)
24    Sec. 95-20. Remote Witnessing and Notarization.



SB2135 Enrolled- 12 -LRB101 09971 HEP 55073 b

1    (a) The purpose of this Section is to give statutory
2approval to the notary and witness guidelines provided in State
3of Illinois Executive Order 2020-14.
4    (b) Notwithstanding any provision of law, rule, or
5regulation, effective March 26, 2020 and ending 30 days after
6expiration of the Governor's emergency declaration regarding
7COVID-19, a notarial act or an act of witnessing, including
8when a person must "appear before", act "in the presence of",
9or any variation thereof, may be performed through means of
10two-way audio-video communication technology that allows for
11direct contemporaneous interaction by sight and sound between
12the individual signing the document, the witness and the notary
14    (c) A notarial act satisfies the "appearing before"
15requirement under Section 6-102 of the Illinois Notary Public
16Act if the notary public performs a remote notarization via
17two-way audio-video communication technology, provided that
18the Notary Public commissioned in Illinois is physically within
19the State while performing the notarial act and the transaction
20follows any guidance or rules provided by the Illinois
21Secretary of State in existence on the date of notarization.
22    (d) An act of witnessing and the technology used in the
23audio-video communication must substantially comply with the
24following process: (1) the two-way audio-video communication
25must be recorded and preserved by the signatory or the
26signatory's designee for a period of at least 3 years; (2) the



SB2135 Enrolled- 13 -LRB101 09971 HEP 55073 b

1signatory must attest to being physically located in Illinois
2during the two-way audio-video communication; (3) the witness
3must attest to being physically located in Illinois during the
4two-way audio-video communication; (4) the signatory must
5affirmatively state on the two-way audio-video communication
6what document the signatory is signing; (5) each page of the
7document being witnessed must be shown to the witness on the
8two-way audio-video communication technology in a means
9clearly legible to the witness and initialed by the signatory
10in the presence of the witness; (6) the act of signing must be
11captured sufficiently up close on the two-way audio-video
12communication for the witness to observe; (7) the signatory
13must transmit by overnight mail, fax, electronic or other means
14a legible copy of the entire signed document directly to the
15witness no later than the day after the document is signed; (8)
16the witness must sign the transmitted copy of the document as a
17witness and transmit the signed copy of the document back via
18overnight mail, fax, electronic or other means to the signatory
19within 24 hours of receipt; and (9) if necessary, the witness
20may sign the original signed document as of the date of the
21original execution by the signatory provided that the witness
22receives the original signed document together with the
23electronically witnessed copy within thirty days from the date
24of the remote witnessing.
25    (d) The prohibition on electronic signatures on certain
26documents in subsection (c) of Section 120 remains in full



SB2135 Enrolled- 14 -LRB101 09971 HEP 55073 b

2    (e) Notwithstanding any law or rule of the State of
3Illinois to the contrary, absent an express prohibition in a
4document against signing in counterparts, all legal documents,
5including, but not limited to, deeds, last wills and
6testaments, trusts, durable powers of attorney for property,
7and powers of attorney for health care, may be signed in
8counterparts by the witnesses and the signatory. A notary
9public must be presented with a fax or electronic copy of the
10document signature pages showing the witness signatures on the
11same date the document is signed by the signatory if the notary
12public is being asked to certify to the appearance of the
13witnesses to a document.
14    (f) Any technology issues that may occur do not impact the
15validity or effect of any instrument or document signed under
16this Section. As used in this Section, "technology issues"
17include, but are not limited to, problems with the internet
18connection, user error related to the use of technology, the
19file containing a recorded act becoming corrupted, or other
20temporary malfunctions involving the technology used in an act
21of witnessing or a notarial act.
22    Section 15-20. The Illinois Governmental Ethics Act is
23amended by changing Section 4A-105 as follows:
24    (5 ILCS 420/4A-105)  (from Ch. 127, par. 604A-105)



SB2135 Enrolled- 15 -LRB101 09971 HEP 55073 b

1    Sec. 4A-105. Time for filing. Except as provided in
2Section 4A-106.1, by May 1 of each year a statement must be
3filed by each person whose position at that time subjects him
4to the filing requirements of Section 4A-101 or 4A-101.5 unless
5he has already filed a statement in relation to the same unit
6of government in that calendar year.
7    Statements must also be filed as follows:
8        (a) A candidate for elective office shall file his
9    statement not later than the end of the period during which
10    he can take the action necessary under the laws of this
11    State to attempt to qualify for nomination, election, or
12    retention to such office if he has not filed a statement in
13    relation to the same unit of government within a year
14    preceding such action.
15        (b) A person whose appointment to office is subject to
16    confirmation by the Senate shall file his statement at the
17    time his name is submitted to the Senate for confirmation.
18        (b-5) A special government agent, as defined in item
19    (1) of Section 4A-101 of this Act, shall file a statement
20    within 30 days after making the first ex parte
21    communication and each May 1 thereafter if he or she has
22    made an ex parte communication within the previous 12
23    months.
24        (c) Any other person required by this Article to file
25    the statement shall file a statement at the time of his or
26    her initial appointment or employment in relation to that



SB2135 Enrolled- 16 -LRB101 09971 HEP 55073 b

1    unit of government if appointed or employed by May 1.
2    If any person who is required to file a statement of
3economic interests fails to file such statement by May 1 of any
4year, the officer with whom such statement is to be filed under
5Section 4A-106 or 4A-106.5 of this Act shall, within 7 days
6after May 1, notify such person by certified mail of his or her
7failure to file by the specified date. Except as may be
8prescribed by rule of the Secretary of State, such person shall
9file his or her statement of economic interests on or before
10May 15 with the appropriate officer, together with a $15 late
11filing fee. Any such person who fails to file by May 15 shall
12be subject to a penalty of $100 for each day from May 16 to the
13date of filing, which shall be in addition to the $15 late
14filing fee specified above. Failure to file by May 31 shall
15result in a forfeiture in accordance with Section 4A-107 of
16this Act.
17    Any person who takes office or otherwise becomes required
18to file a statement of economic interests within 30 days prior
19to May 1 of any year may file his or her statement at any time
20on or before May 31 without penalty. If such person fails to
21file such statement by May 31, the officer with whom such
22statement is to be filed under Section 4A-106 or 4A-106.5 of
23this Act shall, within 7 days after May 31, notify such person
24by certified mail of his or her failure to file by the
25specified date. Such person shall file his or her statement of
26economic interests on or before June 15 with the appropriate



SB2135 Enrolled- 17 -LRB101 09971 HEP 55073 b

1officer, together with a $15 late filing fee. Any such person
2who fails to file by June 15 shall be subject to a penalty of
3$100 per day for each day from June 16 to the date of filing,
4which shall be in addition to the $15 late filing fee specified
5above. Failure to file by June 30 shall result in a forfeiture
6in accordance with Section 4A-107 of this Act.
7    All late filing fees and penalties collected pursuant to
8this Section shall be paid into the General Revenue Fund in the
9State treasury, if the Secretary of State receives such
10statement for filing, or into the general fund in the county
11treasury, if the county clerk receives such statement for
12filing. The Attorney General, with respect to the State, and
13the several State's Attorneys, with respect to counties, shall
14take appropriate action to collect the prescribed penalties.
15    Failure to file a statement of economic interests within
16the time prescribed shall not result in a fine or ineligibility
17for, or forfeiture of, office or position of employment, as the
18case may be; provided that the failure to file results from not
19being included for notification by the appropriate agency,
20clerk, secretary, officer or unit of government, as the case
21may be, and that a statement is filed within 30 days of actual
22notice of the failure to file.
23    Beginning with statements required to be filed on or after
24May 1, 2009, the officer with whom a statement is to be filed
25may, in his or her discretion, waive the late filing fee, the
26monetary late filing penalty, and the ineligibility for or



SB2135 Enrolled- 18 -LRB101 09971 HEP 55073 b

1forfeiture of office or position for failure to file when the
2person's late filing of a statement or failure to file a
3statement is due to his or her (i) serious or catastrophic
4illness that renders the person temporarily incapable of
5completing the statement or (ii) military service.
6    Notwithstanding any provision of law or rule to the
7contrary, the deadlines for filing statements of economic
8interests under this Section on or after March 17, 2020 shall
9be suspended until August 1, 2020.
10(Source: P.A. 101-221, eff. 8-9-19.)
11    Section 15-24. The Illinois Administrative Procedure Act
12is amended by adding Section 5-45.1 as follows:
13    (5 ILCS 100/5-45.1 new)
14    Sec. 5-45.1. Emergency rulemaking; Secretary of State
15emergency powers. To provide for the expeditious and timely
16implementation of the extension provisions of Section 30 of the
17Secretary of State Act, emergency rules implementing the
18extension provisions of Section 30 of the Secretary of State
19Act may be adopted in accordance with Section 5-45 by the
20Secretary of State. The adoption of emergency rules authorized
21by Section 5-45 and this Section is deemed to be necessary for
22the public interest, safety, and welfare.
23    This Section is repealed on January 1, 2021.



SB2135 Enrolled- 19 -LRB101 09971 HEP 55073 b

1    Section 15-25. The Secretary of State Act is amended by
2adding Section 30 as follows:
3    (15 ILCS 305/30 new)
4    Sec. 30. Emergency powers.
5    (a) Upon the Governor of the State of Illinois issuing a
6statewide disaster proclamation based on a health pandemic or
7similar emergency, the Secretary may extend for the duration of
8the proclaimed disaster and for up to a period of 120 days
9beyond the expiration of the disaster proclamation:
10        (1) the expiration dates of driver's licenses, driving
11    permits, identification cards, disabled parking placards
12    and decals, and vehicle registrations; and
13        (2) the expiration dates of professional licenses,
14    registrations, certifications and commissions issued by
15    the Secretary, including but not limited to, vehicle
16    dealership licenses, commercial driver training school
17    licenses, and securities, broker and investment adviser
18    registrations.
19    After the initial 120-day extension, the Secretary may
20adopt subsequent 30-day extensions only upon a determination
21that circumstances necessitate additional extensions. The
22Secretary must adopt any subsequent 30-day extension prior to
23the previous lapsing.
24    (b) To provide for the expeditious and timely
25implementation of this amendatory Act of the 101st General



SB2135 Enrolled- 20 -LRB101 09971 HEP 55073 b

1Assembly, any emergency rules to implement the extension
2provisions of this Section must be adopted by the Secretary of
3State, subject to the provisions of Section 5-45 of the
4Illinois Administrative Procedure Act. Any such rule shall:
5        (1) identify the disaster proclamation authorizing the
6    rulemaking;
7        (2) set forth the expirations being extended (for
8    example, "this extension shall apply to all driver's
9    licenses, driving permits, identification cards, disabled
10    parking placards and decals, and vehicle registrations
11    expiring on [date] through [date]"); and
12        (3) set forth the date on which the extension period
13    becomes effective, and the date on which the extension will
14    terminate if not extended by subsequent emergency
15    rulemaking.
16    (c) Where the renewal of any driver's license, driving
17permit, identification card, disabled parking placard or
18decal, vehicle registration, or professional license,
19registration, certification or commission has been extended
20pursuant to this Section, it shall be renewed during the period
21of an extension. Any such renewal shall be from the original
22expiration date and shall be subject to the full fee which
23would have been due had the renewal been issued based on the
24original expiration date, except that no late filing fees or
25penalties shall be imposed.
26    (d) All law enforcement agencies in the State of Illinois



SB2135 Enrolled- 21 -LRB101 09971 HEP 55073 b

1and all State and local governmental entities shall recognize
2the validity of, and give full legal force to, extensions
3granted pursuant to this Section.
4    (e) Upon the request of any person or entity whose driver's
5license, driving permit, identification card, disabled parking
6placard or decal, vehicle registration, or professional
7license, registration, certification or commission has been
8subject to an extension under this Section, the Secretary shall
9issue a statement verifying the extension was issued pursuant
10to Illinois law, and requesting any foreign jurisdiction to
11honor the extension.
12    (f) This Section is repealed on June 30, 2021.
13    Section 15-29. The Illinois Administrative Procedure Act
14is amended by adding Section 5-45.2 as follows:
15    (5 ILCS 100/5-45.2 new)
16    Sec. 5-45.2. Emergency rulemaking; Secretary of State
17Merit Commission. To provide for the expeditious and timely
18implementation of subsection (14) of Section 8c of the
19Secretary of State Merit Employment Code, emergency rules
20implementing subsection (14) of Section 8c of the Secretary of
21State Merit Employment Code may be adopted in accordance with
22Section 5-45 by the Secretary of State. The adoption of
23emergency rules authorized by Section 5-45 and this Section is
24deemed to be necessary for the public interest, safety, and



SB2135 Enrolled- 22 -LRB101 09971 HEP 55073 b

2    This Section is repealed on January 1, 2021.
3    Section 15-30. The Secretary of State Merit Employment Code
4is amended by changing Section 8c as follows:
5    (15 ILCS 310/8c)  (from Ch. 124, par. 108c)
6    Sec. 8c. Duties and powers of the Commission. The Merit
7Commission, in addition to any other duties prescribed in this
8Act, shall have the following duties and powers:
9        (1) Upon written recommendations by the Director of
10    Personnel, to exempt from jurisdiction B of this Act
11    positions which, in the judgment of the Commission, are by
12    their nature highly confidential or involve principal
13    administrative responsibility for the determination of
14    policy or principal administrative responsibility for the
15    way in which policies are carried out. No position which
16    has the powers of a law enforcement officer, except
17    executive security officers, may be exempted under this
18    section.
19        (2) To require such special reports from the Director
20    as it may consider desirable.
21        (3) To disapprove original rules or any part thereof
22    and any amendment thereof within 30 calendar days after the
23    submission of such rules to the Merit Commission by the
24    Director.



SB2135 Enrolled- 23 -LRB101 09971 HEP 55073 b

1        (4) To disapprove within 30 calendar days from date of
2    submission the position classification plan and any
3    revisions thereof submitted by the Director as provided in
4    the rules.
5        (5) To hear appeals of employees who do not accept the
6    allocation of their positions under the classification
7    plan.
8        (6) To hear and approve or disapprove written charges
9    filed seeking the discharge or demotion of employees or
10    suspension totaling more than 30 calendar days in any 12
11    month period, as provided in Section 9, appeals as provided
12    in Section 9a of this Act, and appeals from transfers from
13    one geographical area in the state to another, and in
14    connection therewith to administer oaths, subpoena
15    witnesses and compel the production of books and papers.
16        (7) (Blank).
17        (8) To make an annual report regarding the work of the
18    Commission to the Secretary of State, such report to be a
19    public record.
20        (9) If any violation of this Act is found, the
21    Commission shall direct compliance in writing.
22        (10) To appoint such employees, experts and special
23    assistants as may be necessary to carry out the powers and
24    duties of the commission under this Act. Employees, experts
25    and special assistants so appointed by the Commission shall
26    be subject to jurisdictions A, B and C of this Act, except



SB2135 Enrolled- 24 -LRB101 09971 HEP 55073 b

1    the Chairman of the Commission when serving as the
2    Administrator of the Commission shall not be subject to
3    jurisdictions A, B, and C of this Act.
4        (11) To promulgate rules and regulations necessary to
5    carry out and implement their powers and duties under this
6    Act, with authority to amend such rules from time to time
7    pursuant to The Illinois Administrative Procedure Act.
8        (12) Within one year of the effective date of this
9    amendatory Act of 1985, the Commission shall adopt rules
10    and regulations which shall include all Commission
11    policies implementing its duties under Sections 8, 9, 10
12    and 15 of this Act. These rules and regulations shall
13    include, but not be limited to, the standards and criteria
14    used by the Commission and Hearing Officers in making
15    discretionary determinations during hearing procedures.
16        (13) To hear or conduct investigations as it deems
17    necessary of appeals of layoff filed by employees appointed
18    under Jurisdiction B after examination, provided that such
19    appeals are filed within 15 calendar days following the
20    effective date of such layoff and are made on the basis
21    that the provisions of the Secretary of State Merit
22    Employment Code or the rules promulgated thereunder have
23    been violated or have not been complied with. All hearings
24    shall be public. A decision shall be rendered within 60
25    days after receipt of the transcript of the proceedings.
26    The Commission shall order the reinstatement of the



SB2135 Enrolled- 25 -LRB101 09971 HEP 55073 b

1    employee if it is proven that the provisions of the
2    Secretary of State Merit Employment Code or the rules
3    promulgated thereunder have been violated or have not been
4    complied with. In connection therewith the Commission may
5    administer oaths, subpoena witnesses, and compel the
6    production of books and papers.
7        (14) Upon the Governor of the State of Illinois issuing
8    a disaster declaration based on circumstances that may
9    interfere with an employee's ability to exercise his or her
10    rights under this Code, or that may prevent the Commission
11    from performing its duties in a timely manner, the
12    Commission may, by adoption of an emergency rule under
13    Section 5-45 of the Illinois Administrative Procedure Act,
14    extend for a period of up to 90 days beyond the expiration
15    of the disaster proclamation any time limits set forth in
16    this Code or in the Commission's rules, including but not
17    limited to, the time limits for filing complaints, filing
18    and serving other documents, holding of hearings and
19    rendering of decisions. Upon a determination that
20    circumstances necessitate additional time, the Commission
21    may adopt one additional 90-day extension of time limits.
22    No time limit shall be extended under this subsection
23    beyond June 30, 2021.
24(Source: P.A. 97-833, eff. 7-20-12.)
25    Section 15-32. The Illinois Finance Authority Act is



SB2135 Enrolled- 26 -LRB101 09971 HEP 55073 b

1amended by changing Section 801-25 as follows:
2    (20 ILCS 3501/801-25)
3    Sec. 801-25. All official acts of the Authority shall
4require the approval of at least 8 members. All meetings of the
5Authority and the Advisory Councils shall be conducted in
6accordance with the Open Meetings Act. Eight members of the
7Authority shall constitute a quorum. Except as otherwise
8authorized in the Open Meetings Act, all All meetings shall be
9conducted at a single location within this State with a quorum
10of members physically present at this location. Other members
11who are not physically present at this location may participate
12in the meeting and vote on all matters by means of a video or
13audio conference. The Auditor General shall conduct financial
14audits and program audits of the Authority, in accordance with
15the Illinois State Auditing Act.
16(Source: P.A. 93-205, eff. 1-1-04; 93-1101, eff. 3-31-05.)
17    Section 15-35. The Illinois Procurement Code is amended by
18changing Section 1-13 as follows:
19    (30 ILCS 500/1-13)
20    Sec. 1-13. Applicability to public institutions of higher
22    (a) This Code shall apply to public institutions of higher
23education, regardless of the source of the funds with which



SB2135 Enrolled- 27 -LRB101 09971 HEP 55073 b

1contracts are paid, except as provided in this Section.
2    (b) Except as provided in this Section, this Code shall not
3apply to procurements made by or on behalf of public
4institutions of higher education for any of the following:
5        (1) Memberships in professional, academic, research,
6    or athletic organizations on behalf of a public institution
7    of higher education, an employee of a public institution of
8    higher education, or a student at a public institution of
9    higher education.
10        (2) Procurement expenditures for events or activities
11    paid for exclusively by revenues generated by the event or
12    activity, gifts or donations for the event or activity,
13    private grants, or any combination thereof.
14        (3) Procurement expenditures for events or activities
15    for which the use of specific potential contractors is
16    mandated or identified by the sponsor of the event or
17    activity, provided that the sponsor is providing a majority
18    of the funding for the event or activity.
19        (4) Procurement expenditures necessary to provide
20    athletic, artistic or musical services, performances,
21    events, or productions by or for a public institution of
22    higher education.
23        (5) Procurement expenditures for periodicals, books,
24    subscriptions, database licenses, and other publications
25    procured for use by a university library or academic
26    department, except for expenditures related to procuring



SB2135 Enrolled- 28 -LRB101 09971 HEP 55073 b

1    textbooks for student use or materials for resale or
2    rental.
3        (6) Procurement expenditures for placement of students
4    in externships, practicums, field experiences, and for
5    medical residencies and rotations.
6        (7) Contracts for programming and broadcast license
7    rights for university-operated radio and television
8    stations.
9        (8) Procurement expenditures necessary to perform
10    sponsored research and other sponsored activities under
11    grants and contracts funded by the sponsor or by sources
12    other than State appropriations.
13        (9) Contracts with a foreign entity for research or
14    educational activities, provided that the foreign entity
15    either does not maintain an office in the United States or
16    is the sole source of the service or product.
17Notice of each contract entered into by a public institution of
18higher education that is related to the procurement of goods
19and services identified in items (1) through (9) of this
20subsection shall be published in the Procurement Bulletin
21within 14 calendar days after contract execution. The Chief
22Procurement Officer shall prescribe the form and content of the
23notice. Each public institution of higher education shall
24provide the Chief Procurement Officer, on a monthly basis, in
25the form and content prescribed by the Chief Procurement
26Officer, a report of contracts that are related to the



SB2135 Enrolled- 29 -LRB101 09971 HEP 55073 b

1procurement of goods and services identified in this
2subsection. At a minimum, this report shall include the name of
3the contractor, a description of the supply or service
4provided, the total amount of the contract, the term of the
5contract, and the exception to the Code utilized. A copy of any
6or all of these contracts shall be made available to the Chief
7Procurement Officer immediately upon request. The Chief
8Procurement Officer shall submit a report to the Governor and
9General Assembly no later than November 1 of each year that
10shall include, at a minimum, an annual summary of the monthly
11information reported to the Chief Procurement Officer.
12    (b-5) Except as provided in this subsection, the provisions
13of this Code shall not apply to contracts for medical supplies,
14and to contracts for medical services necessary for the
15delivery of care and treatment at medical, dental, or
16veterinary teaching facilities utilized by Southern Illinois
17University or the University of Illinois and at any
18university-operated health care center or dispensary that
19provides care, treatment, and medications for students,
20faculty and staff. Other supplies and services needed for these
21teaching facilities shall be subject to the jurisdiction of the
22Chief Procurement Officer for Public Institutions of Higher
23Education who may establish expedited procurement procedures
24and may waive or modify certification, contract, hearing,
25process and registration requirements required by the Code. All
26procurements made under this subsection shall be documented and



SB2135 Enrolled- 30 -LRB101 09971 HEP 55073 b

1may require publication in the Illinois Procurement Bulletin.
2    (b-10) Procurements made by or on behalf of the University
3of Illinois for investment services scheduled to expire June
42020 may be extended through June 2021 without being subject to
5the requirements of this Code. Any contract extended, renewed,
6or entered pursuant to this exception shall be published on the
7Executive Ethics Commission's website within 5 days of contract
8execution. This subsection is inoperative on and after July 1,
10    (c) Procurements made by or on behalf of public
11institutions of higher education for the fulfillment of a grant
12shall be made in accordance with the requirements of this Code
13to the extent practical.
14    Upon the written request of a public institution of higher
15education, the Chief Procurement Officer may waive contract,
16registration, certification, and hearing requirements of this
17Code if, based on the item to be procured or the terms of a
18grant, compliance is impractical. The public institution of
19higher education shall provide the Chief Procurement Officer
20with specific reasons for the waiver, including the necessity
21of contracting with a particular potential contractor, and
22shall certify that an effort was made in good faith to comply
23with the provisions of this Code. The Chief Procurement Officer
24shall provide written justification for any waivers. By
25November 1 of each year, the Chief Procurement Officer shall
26file a report with the General Assembly identifying each



SB2135 Enrolled- 31 -LRB101 09971 HEP 55073 b

1contract approved with waivers and providing the justification
2given for any waivers for each of those contracts. Notice of
3each waiver made under this subsection shall be published in
4the Procurement Bulletin within 14 calendar days after contract
5execution. The Chief Procurement Officer shall prescribe the
6form and content of the notice.
7    (d) Notwithstanding this Section, a waiver of the
8registration requirements of Section 20-160 does not permit a
9business entity and any affiliated entities or affiliated
10persons to make campaign contributions if otherwise prohibited
11by Section 50-37. The total amount of contracts awarded in
12accordance with this Section shall be included in determining
13the aggregate amount of contracts or pending bids of a business
14entity and any affiliated entities or affiliated persons.
15    (e) Notwithstanding subsection (e) of Section 50-10.5 of
16this Code, the Chief Procurement Officer, with the approval of
17the Executive Ethics Commission, may permit a public
18institution of higher education to accept a bid or enter into a
19contract with a business that assisted the public institution
20of higher education in determining whether there is a need for
21a contract or assisted in reviewing, drafting, or preparing
22documents related to a bid or contract, provided that the bid
23or contract is essential to research administered by the public
24institution of higher education and it is in the best interest
25of the public institution of higher education to accept the bid
26or contract. For purposes of this subsection, "business"



SB2135 Enrolled- 32 -LRB101 09971 HEP 55073 b

1includes all individuals with whom a business is affiliated,
2including, but not limited to, any officer, agent, employee,
3consultant, independent contractor, director, partner,
4manager, or shareholder of a business. The Executive Ethics
5Commission may promulgate rules and regulations for the
6implementation and administration of the provisions of this
7subsection (e).
8    (f) As used in this Section:
9    "Grant" means non-appropriated funding provided by a
10federal or private entity to support a project or program
11administered by a public institution of higher education and
12any non-appropriated funding provided to a sub-recipient of the
14    "Public institution of higher education" means Chicago
15State University, Eastern Illinois University, Governors State
16University, Illinois State University, Northeastern Illinois
17University, Northern Illinois University, Southern Illinois
18University, University of Illinois, Western Illinois
19University, and, for purposes of this Code only, the Illinois
20Mathematics and Science Academy.
21    (g) (Blank).
22    (h) The General Assembly finds and declares that:
23        (1) Public Act 98-1076, which took effect on January 1,
24    2015, changed the repeal date set for this Section from
25    December 31, 2014 to December 31, 2016.
26        (2) The Statute on Statutes sets forth general rules on



SB2135 Enrolled- 33 -LRB101 09971 HEP 55073 b

1    the repeal of statutes and the construction of multiple
2    amendments, but Section 1 of that Act also states that
3    these rules will not be observed when the result would be
4    "inconsistent with the manifest intent of the General
5    Assembly or repugnant to the context of the statute".
6        (3) This amendatory Act of the 100th General Assembly
7    manifests the intention of the General Assembly to remove
8    the repeal of this Section.
9        (4) This Section was originally enacted to protect,
10    promote, and preserve the general welfare. Any
11    construction of this Section that results in the repeal of
12    this Section on December 31, 2014 would be inconsistent
13    with the manifest intent of the General Assembly and
14    repugnant to the context of this Code.
15    It is hereby declared to have been the intent of the
16General Assembly that this Section not be subject to repeal on
17December 31, 2014.
18    This Section shall be deemed to have been in continuous
19effect since December 20, 2011 (the effective date of Public
20Act 97-643), and it shall continue to be in effect henceforward
21until it is otherwise lawfully repealed. All previously enacted
22amendments to this Section taking effect on or after December
2331, 2014, are hereby validated.
24    All actions taken in reliance on or pursuant to this
25Section by any public institution of higher education, person,
26or entity are hereby validated.



SB2135 Enrolled- 34 -LRB101 09971 HEP 55073 b

1    In order to ensure the continuing effectiveness of this
2Section, it is set forth in full and re-enacted by this
3amendatory Act of the 100th General Assembly. This re-enactment
4is intended as a continuation of this Section. It is not
5intended to supersede any amendment to this Section that is
6enacted by the 100th General Assembly.
7    In this amendatory Act of the 100th General Assembly, the
8base text of the reenacted Section is set forth as amended by
9Public Act 98-1076. Striking and underscoring is used only to
10show changes being made to the base text.
11    This Section applies to all procurements made on or before
12the effective date of this amendatory Act of the 100th General
14(Source: P.A. 100-43, eff. 8-9-17.)
15    Section 15-37. The Cook County Forest Preserve District Act
16is amended by changing Section 40 as follows:
17    (70 ILCS 810/40)  (from Ch. 96 1/2, par. 6443)
18    Sec. 40. The corporate authorities of forest preserve
19districts, having the control or supervision of any forest
20preserves, may erect and maintain within such forest preserves,
21under the control or supervision of such corporate authorities,
22edifices to be used for the collection and display of animals
23as customary in zoological parks, and may collect and display
24such animals, or permit the directors or trustees of any



SB2135 Enrolled- 35 -LRB101 09971 HEP 55073 b

1zoological society devoted to the purposes aforesaid to erect
2and maintain a zoological park and to collect and display
3zoological collections within any forest preserve now or
4hereafter under the control or supervision of such forest
5preserve district, out of funds belonging to such zoological
6society, or to contract with the directors or trustees of any
7zoological society on such terms and conditions as may to such
8corporate authorities seem best, relative to the erection,
9operation and maintenance of a zoological park and the
10collection and display of such animals within such forest
11preserve, out of the tax provided in Section 41.
12    Such forest preserve district may charge, or permit such
13zoological society to charge an admission fee. The proceeds of
14such admission fee shall be devoted exclusively to the
15operation and maintenance of such zoological park and the
16collections therein. All such zoological parks shall be open to
17the public without charge for a period equivalent to 52 days
18each year. Beginning on the effective date of this amendatory
19Act of the 101st General Assembly through June 30, 2022, any
20such zoological parks shall be open to the public without
21charge for a period equivalent to 52 days. All such zoological
22parks shall be open without charge to organized groups of
23children in attendance at schools in the State. The managing
24authority of the zoological park may limit the number of any
25such groups in any given day and may establish other rules and
26regulations that reasonably ensure public safety,



SB2135 Enrolled- 36 -LRB101 09971 HEP 55073 b

1accessibility, and convenience, including but not limited to
2standards of conduct and supervision. Charges may be made at
3any time for special services and for admission to special
4facilities within any zoological park for the education,
5entertainment or convenience of visitors.
6(Source: P.A. 86-1248.)
7    Section 15-40. The Forest Preserve Zoological Parks Act is
8amended by changing Section 1 as follows:
9    (70 ILCS 835/1)  (from Ch. 96 1/2, par. 6801)
10    Sec. 1. The corporate authorities of forest preserve
11districts, containing a population of 140,000 or more located
12in counties of less than 3,000,000 inhabitants, having the
13control or supervision of any forest preserves, may erect and
14maintain within such forest preserves, under the control or
15supervision of such corporate authorities, edifices to be used
16for the collection and display of animals as customary in
17zoological parks, and may collect and display such animals, or
18permit the directors or trustees of any zoological society
19devoted to the purposes aforesaid to erect and maintain a
20zoological park and to collect and display zoological
21collections within any forest preserve now or hereafter under
22the control or supervision of such forest preserve district,
23out of funds belonging to such zoological society, or to
24contract with the directors or trustees of any zoological



SB2135 Enrolled- 37 -LRB101 09971 HEP 55073 b

1society on such terms and conditions as may to such corporate
2authorities seem best, relative to the erection, operation and
3maintenance of a zoological park and the collection and display
4of such animals within such forest preserve, out of the tax
5hereinafter in this Act provided.
6    This Act applies to any forest preserve district that
7maintains a zoological park that was established under this Act
8prior to 1964, regardless of whether the population
9requirements continue to be met.
10    A forest preserve district, containing a population of
11140,000 or more, or the directors or trustees of such
12zoological society when so authorized by the forest preserve
13district, may (a) police the property of the zoological park,
14(b) employ, establish, maintain and equip a security force for
15fire and police protection of the zoological park and (c)
16provide that the personnel of the security force shall perform
17other tasks relating to the maintenance and operation of the
18zoological park. Members of the security force shall be
19conservators of the peace with all the powers of policemen in
20cities and of sheriffs, other than to serve or execute civil
21processes, but such powers may be exercised only within the
22area comprising the zoological park when required to protect
23the zoological park's property and interests, its personnel and
24persons using the facilities or at the specific request of
25appropriate federal, State or local law enforcement officials.
26All otherwise lawful actions taken on or after August 13, 1978



SB2135 Enrolled- 38 -LRB101 09971 HEP 55073 b

1(the effective date of Public Act 80-1364) and before the
2effective date of this amendatory Act of the 98th General
3Assembly by a forest preserve district or a zoological society
4located in a county of 3,000,000 or more in exercising the
5powers provided in this paragraph are hereby validated,
6notwithstanding Public Act 80-1364, which was a
7non-substantive combining revisory Act.
8    A forest preserve district, containing a population of
9140,000 or more located in counties of less than 3,000,000
10inhabitants, may charge, or permit such zoological society to
11charge, an admission fee. The proceeds of such admission fee
12shall be devoted exclusively to the operation and maintenance
13of such zoological park and the collections therein. Except as
14otherwise provided in this Section, all All such zoological
15parks shall be open to the public without charge (i) a total
16number of days, to be scheduled at any time during the calendar
17year, equivalent to at least one day for each 7 days the
18zoological park is open during the calendar year and (ii) to
19the children in actual attendance upon any of the schools in
20the State at all times. Beginning on the effective date of this
21amendatory Act of the 101st General Assembly through June 30,
222022, any such zoological park must be open to the public
23without charge: (i) a total number of days, to be scheduled at
24any time during the calendar year, equivalent to at least one
25day for each 14 days the zoological park is open during the
26calendar year; and (ii) to the children in actual attendance



SB2135 Enrolled- 39 -LRB101 09971 HEP 55073 b

1upon any of the schools in the State at all times. The managing
2authority of the zoological park may limit the number of school
3groups that may attend the zoo on any given day and may
4establish other rules and regulations that reasonably ensure
5public safety, accessibility, and convenience, including
6without limitation standards of conduct and supervision.
7Charges may be made at any time for special services and for
8admission to special facilities within any zoological park for
9the education, entertainment or convenience of visitors.
10(Source: P.A. 98-500, eff. 8-16-13.)
11    Section 15-45. The Park District Aquarium and Museum Act is
12amended by changing Section 1 as follows:
13    (70 ILCS 1290/1)  (from Ch. 105, par. 326)
14    Sec. 1. Erect, operate, and maintain aquariums and museums.
15The corporate authorities of cities and park districts having
16control or supervision over any public park or parks, including
17parks located on formerly submerged land, are hereby authorized
18to purchase, erect, and maintain within any such public park or
19parks edifices to be used as aquariums or as museums of art,
20industry, science, or natural or other history, including
21presidential libraries, centers, and museums, such aquariums
22and museums consisting of all facilities for their collections,
23exhibitions, programming, and associated initiatives, or to
24permit the directors or trustees of any corporation or society



SB2135 Enrolled- 40 -LRB101 09971 HEP 55073 b

1organized for the construction or maintenance and operation of
2an aquarium or museum as hereinabove described to erect,
3enlarge, ornament, build, rebuild, rehabilitate, improve,
4maintain, and operate its aquarium or museum within any public
5park now or hereafter under the control or supervision of any
6city or park district, and to contract with any such directors
7or trustees of any such aquarium or museum relative to the
8erection, enlargement, ornamentation, building, rebuilding,
9rehabilitation, improvement, maintenance, ownership, and
10operation of such aquarium or museum. Notwithstanding the
11previous sentence, a city or park district may enter into a
12lease for an initial term not to exceed 99 years, subject to
13renewal, allowing a corporation or society as hereinabove
14described to erect, enlarge, ornament, build, rebuild,
15rehabilitate, improve, maintain, and operate its aquarium or
16museum, together with grounds immediately adjacent to such
17aquarium or museum, and to use, possess, and occupy grounds
18surrounding such aquarium or museum as hereinabove described
19for the purpose of beautifying and maintaining such grounds in
20a manner consistent with the aquarium or museum's purpose, and
21on the conditions that (1) the public is allowed access to such
22grounds in a manner consistent with its access to other public
23parks, and (2) the city or park district retains a reversionary
24interest in any improvements made by the corporation or society
25on the grounds, including the aquarium or museum itself, that
26matures upon the expiration or lawful termination of the lease.



SB2135 Enrolled- 41 -LRB101 09971 HEP 55073 b

1It is hereby reaffirmed and found that the aquariums and
2museums as described in this Section, and their collections,
3exhibitions, programming, and associated initiatives, serve
4valuable public purposes, including, but not limited to,
5furthering human knowledge and understanding, educating and
6inspiring the public, and expanding recreational and cultural
7resources and opportunities. Any city or park district may
8charge, or permit such an aquarium or museum to charge, an
9admission fee. Any such aquarium or museum, however, shall be
10open without charge, when accompanied by a teacher, to the
11children in actual attendance upon grades kindergarten through
12twelve in any of the schools in this State at all times. In
13addition, except as otherwise provided in this Section, any
14such aquarium or museum must be open to persons who reside in
15this State without charge for a period equivalent to 52 days,
16at least 6 of which must be during the period from June through
17August, each year. Beginning on the effective date of this
18amendatory Act of the 101st General Assembly through June 30,
192022, any such aquarium or museum must be open to persons who
20reside in this State without charge for a period equivalent to
2152 days, at least 6 of which must be during the period from
22June through August, 2021. Notwithstanding said provisions,
23charges may be made at any time for special services and for
24admission to special facilities within any aquarium or museum
25for the education, entertainment, or convenience of visitors.
26The proceeds of such admission fees and charges for special



SB2135 Enrolled- 42 -LRB101 09971 HEP 55073 b

1services and special facilities shall be devoted exclusively to
2the purposes for which the tax authorized by Section 2 hereof
3may be used. If any owner or owners of any lands or lots
4abutting or fronting on any such public park, or adjacent
5thereto, have any private right, easement, interest or property
6in such public park appurtenant to their lands or lots or
7otherwise, which would be interfered with by the erection and
8maintenance of any aquarium or museum as hereinbefore provided,
9or any right to have such public park remain open or vacant and
10free from buildings, the corporate authorities of the city or
11park district having control of such park, may condemn the same
12in the manner prescribed for the exercise of the right of
13eminent domain under the Eminent Domain Act. The changes made
14to this Section by this amendatory Act of the 99th General
15Assembly are declaratory of existing law and shall not be
16construed as a new enactment.
17(Source: P.A. 99-3, eff. 1-1-16.)
18    Section 15-50. The Illinois Vehicle Code is amended by
19adding Section 2-129 as follows:
20    (625 ILCS 5/2-129 new)
21    Sec. 2-129. Expiration dates. All expiration periods set
22forth in this Code shall be subject to the provisions of
23Section 30 of the Secretary of State Act.



SB2135 Enrolled- 43 -LRB101 09971 HEP 55073 b


2    Section 20-5. The Illinois Municipal Code is amended by
3changing Sections 8-2-9 and 8-2-9.4 as follows:
4    (65 ILCS 5/8-2-9)  (from Ch. 24, par. 8-2-9)
5    Sec. 8-2-9. In municipalities with less than 500,000
6inhabitants, except as otherwise provided in this Section, the
7corporate authorities shall pass an ordinance within the first
8quarter of each fiscal year, to be termed the annual
9appropriation ordinance. On and after January 1, 2020, if a
10disaster, state of emergency, or national emergency is declared
11within the 60 days preceding the end of the first quarter of a
12municipality's fiscal year and the disaster, emergency, or
13declaration impacts the municipality, the time limit to pass
14the annual appropriation ordinance shall be extended for the
15duration of the disaster or emergency and for 60 days
16thereafter. During the extended period, the municipality may
17expend sums of money up to amounts budgeted or appropriated for
18those objects and purposes in the previous fiscal year to
19defray all necessary expenses and liabilities of the
20municipality. In this ordinance, the corporate authorities (i)
21may appropriate sums of money deemed necessary to defray all
22necessary expenses and liabilities of the municipalities,
23including the amounts to be deposited in the reserves provided
24for in the Illinois Pension Code and (ii) shall specify the



SB2135 Enrolled- 44 -LRB101 09971 HEP 55073 b

1objects and purposes for which these appropriations are made
2and the amount appropriated for each object or purpose. Among
3the objects and purposes specified shall be the reserves
4provided for in the Illinois Pension Code. Except as otherwise
5provided, no further appropriations shall be made at any other
6time within the same fiscal year, unless a proposition to make
7each additional appropriation has been first sanctioned by a
8petition signed by electors of the municipality numbering more
9than 50% of the number of votes cast for the candidates for
10mayor or president at the last preceding general municipal
11election at which a mayor or president was elected, by a
12petition signed by them, or by a majority of those voting on
13the question at a regular election or at an emergency
14referendum authorized in accordance with the general election
15law. The corporate authorities may by ordinance initiate the
16submission of the proposition. During any fiscal year, the
17corporate authorities in municipalities subject to this
18Section may adopt a supplemental appropriation ordinance in an
19amount not in excess of the aggregate of any additional revenue
20available to the municipality, or estimated to be received by
21the municipality after the adoption of the annual appropriation
22ordinance for that fiscal year, or from fund balances available
23when the annual appropriation ordinance was adopted but that
24were not appropriated at that time. The provisions of this
25Section prohibiting further appropriations without sanction by
26petition or election shall not be applicable to the



SB2135 Enrolled- 45 -LRB101 09971 HEP 55073 b

1supplemental appropriation for that fiscal year. The corporate
2authorities at any time, however, by a two-thirds vote of all
3the members of the body, may make transfers within any
4department or other separate agency of the municipal government
5of sums of money appropriated for one corporate object or
6purpose to another corporate object or purpose, but no
7appropriation for any object or purpose shall thereby be
8reduced below an amount sufficient to cover all obligations
9incurred or to be incurred against the appropriation. Nothing
10in this Section shall deprive the corporate authorities of the
11power to provide for and cause to be paid from the funds of the
12municipality any charge imposed by law without the action of
13the corporate authorities, the payment of which is ordered by a
14court of competent jurisdiction.
15    At least 10 days before the adoption of the annual
16appropriation ordinance, the corporate authorities of
17municipalities over 2,000 in population shall make the proposed
18appropriation ordinance or a formally prepared appropriation
19or budget document upon which the annual appropriation
20ordinance will be based conveniently available to public
21inspection. In addition, the corporate authorities shall hold
22at least one public hearing on that proposed appropriation
23ordinance. Notice of this hearing shall be given publication in
24one or more newspapers published in the municipality or, if
25there is none published in the municipality, in a newspaper
26published in the county and having general circulation in the



SB2135 Enrolled- 46 -LRB101 09971 HEP 55073 b

1municipality at least 10 days before the time of the public
2hearing. The notice shall state the time and place of the
3hearing and the place where copies of the proposed
4appropriation ordinance or formally prepared appropriation or
5budget document will be accessible for examination. The annual
6appropriation ordinance may be adopted at the same meeting at
7which the public hearing is held or at any time after that
8public hearing.
9    After the public hearing and before final action is taken
10on the appropriation ordinance, the corporate authorities may
11revise, alter, increase, or decrease the items contained in the
13    Notwithstanding any above provision of this Section, any
14municipality in which Article 5 becomes effective after the
15annual appropriation ordinance has been passed for the current
16fiscal year may amend the appropriation ordinance in any manner
17necessary to make Article 5 fully operative in that
18municipality for that fiscal year. No amendment shall be
19construed, however, to affect any tax levy made on the basis of
20the original appropriation ordinance.
21    This Section does not apply to municipalities operating
22under special charters.
23(Source: P.A. 86-1470; 87-365.)
24    (65 ILCS 5/8-2-9.4)  (from Ch. 24, par. 8-2-9.4)
25    Sec. 8-2-9.4. Passage of the annual budget by the corporate



SB2135 Enrolled- 47 -LRB101 09971 HEP 55073 b

1authorities shall be in lieu of passage of the appropriation
2ordinance as required by Section 8-2-9 of this Act. The annual
3budget need not be published except in a manner provided for in
4Section 8-2-9.9. Except as otherwise provided in this Section,
5the The annual budget shall be adopted by the corporate
6authorities before the beginning of the fiscal year to which it
7applies. On and after January 1, 2020, if a disaster, state of
8emergency, or national emergency is declared within 60 days of
9the end of a municipality's fiscal year and the disaster,
10emergency, or declaration impacts the municipality, the time
11limit to pass the annual budget shall be extended for the
12duration of the disaster or emergency and for 60 days
13thereafter. During the extended period, the municipality may
14expend sums of money up to amounts budgeted or appropriated for
15those objects and purposes in the previous fiscal year to
16defray all necessary expenses and liabilities of the
18(Source: P.A. 76-1117.)

20    Section 25-5. The Department of Insurance Law of the Civil
21Administrative Code of Illinois is amended by adding Section
221405-32 as follows:
23    (20 ILCS 1405/1405-32 new)



SB2135 Enrolled- 48 -LRB101 09971 HEP 55073 b

1    Sec. 1405-32. Task force on business interruption
2insurance policies. The Department of Insurance shall appoint a
3task force on business interruption insurance policies
4consisting of no more than 10 members representing the
5Department of Insurance and the insurance industry. The Task
6Force shall include a representative from a national trade
7association, based in the State of Illinois, that represents
8insurers who provide a significant segment of market share of
9the commercial insurance provided in the State of Illinois. The
10Task Force shall study the impacts of the COVID-19 pandemic on
11businesses and the need for changes to business interruption
12insurance policies based on those impacts, including
13recommendations for legislation.
14    Task Force members shall serve without compensation but may
15be reimbursed for their expenses incurred in performing their
17    The Department of Insurance shall provide administrative
18and other support to the Task Force.
19    The Task Force shall submit the report of its findings and
20recommendations to the Governor and the General Assembly by
21December 31, 2020. The Task Force is dissolved, and this
22Section is repealed, on December 31, 2021.

24    Section 99-99. Effective date. This Act takes effect upon
25becoming law.