Illinois General Assembly - Full Text of SB2135
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Full Text of SB2135  101st General Assembly


Rep. Kelly M. Burke

Filed: 5/21/2020





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2    AMENDMENT NO. ______. Amend Senate Bill 2135 by replacing
3everything after the enacting clause with the following:

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



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1the tools that it needs to continue to serve the People of the
2State of Illinois and to better respond to the statewide public
3health emergency caused by the outbreak of COVID-19.

5    Section 5-1. Short title. This Act may be cited as the
6Restore Illinois Collaborative Commission Act. As used in this
7Article, "this Act" means this Article.
8    Section 5-5. Findings. The General Assembly finds that the
9State is confronted with an unprecedented public health crisis.
10    Section 5-10. Definitions. In this Act:
11    "Commission" means the Restore Illinois Collaborative
13    "Plan" means the Restore Illinois plan released by the
14Governor on May 5, 2020.
15    Section 5-15. Restore Illinois Collaborative Commission.
16The Restore Illinois Collaborative Commission is created. The
17purpose of the Commission is to monitor actions taken by the
18Office of the Governor with regard to the Restore Illinois plan
19and to keep members of the General Assembly informed of those
20actions and any need for further legislative action.



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1    Section 5-20. Reports. Beginning July 1, 2020, the Office
2of the Governor shall submit a monthly written report to the
3Commission and all members of the General Assembly reporting
4any actions taken with regard to the Plan. On a quarterly
5basis, the Commission and the Office of the Governor shall
6engage in a collaborative conversation with regard to the Plan
7and any need for legislative action. These collaborative
8conversations shall be conducted either in person or via
9telephonic or video conferencing means. At the discretion of
10the Commission, members of committees of the House of
11Representatives and the Senate, as determined by the
12Commission, may be invited to participate in the collaborative
14    Section 5-25. Members.
15    (a) The Commission shall consist of 22 members, appointed
16as follows:
17        (1) Seven members of the House of Representatives
18    appointed by the Speaker of the House of Representatives;
19        (2) Seven members of the Senate appointed by the
20    President of the Senate;
21        (3) Four members of the House of Representatives
22    appointed by the Minority Leader of the House of
23    Representatives; and
24        (4) Four members of the Senate appointed by the
25    Minority Leader of the Senate.



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1    (b) The Speaker of the House of Representatives and the
2President of the Senate shall each appoint one member of the
3Commission to serve together as co-chairs.
4    (c) Members of the Commission shall serve without
6    Section 5-30. Repeal. This Act is repealed on July 1, 2021.

8    Section 10-5. The Broadband Advisory Council Act is amended
9by adding Section 25 as follows:
10    (220 ILCS 80/25 new)
11    Sec. 25. Universal no-cost broadband Internet access.
12    (a) In furtherance of the purposes of this Act to expand
13broadband service to unserved rural and urban areas of this
14State and to achieve universal broadband service and Internet
15access for the residents of this State, the Broadband Advisory
16Council shall study the provision of free access by all
17residents of this State to broadband service. The Office of
18Broadband within the Department of Commerce and Economic
19Opportunity shall support and assist the Council in the
20development of the study.
21    (b) The study must include establishing access to broadband
22service in zip codes identified as having high levels of



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1poverty and in the areas of the State without the
2infrastructure necessary to meet the requirements for
3high-speed access to the Internet. To the extent possible, the
4study shall consider the incorporation and expansion of the
5initiatives established in the Connect Illinois Broadband
6Strategic Plan. The Council's study shall identify existing and
7new streams of State revenue to underwrite the creation of
8necessary infrastructure and provide unlimited broadband
9Internet access, without charge, to all residents of the State.
10The Council's study shall include a recommended schedule for
11implementation of free universal broadband.
12    (c) The Council shall issue a report on its findings and
13recommendations for any necessary legislation to the General
14Assembly no later than March 31, 2021.

16    Section 15-5. The Open Meetings Act is amended by changing
17Sections 2.01 and 7 as follows:
18    (5 ILCS 120/2.01)  (from Ch. 102, par. 42.01)
19    Sec. 2.01. All meetings required by this Act to be public
20shall be held at specified times and places which are
21convenient and open to the public. No meeting required by this
22Act to be public shall be held on a legal holiday unless the
23regular meeting day falls on that holiday.



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



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1jurisdiction over a specific geographic area of more than 4,500
2square miles, (iii) a municipal transit district with
3jurisdiction over a specific geographic area of more than 4,500
4square miles, or (iv) a local workforce innovation area with
5jurisdiction over a specific geographic area of more than 4,500
6square miles must be physically present at the location of a
7closed meeting. Other members who are not physically present at
8a closed meeting of such a public body may participate in the
9meeting by means of a video or audio conference. For the
10purposes of this Section, "local workforce innovation area"
11means any local workforce innovation area or areas designated
12by the Governor pursuant to the federal Workforce Innovation
13and Opportunity Act or its reauthorizing legislation.
14(Source: P.A. 100-477, eff. 9-8-17.)
15    (5 ILCS 120/7)
16    Sec. 7. Attendance by a means other than physical presence.
17    (a) If a quorum of the members of the public body is
18physically present as required by Section 2.01, a majority of
19the public body may allow a member of that body to attend the
20meeting by other means if the member is prevented from
21physically attending because of: (i) personal illness or
22disability; (ii) employment purposes or the business of the
23public body; or (iii) a family or other emergency. "Other
24means" is by video or audio conference.
25    (b) If a member wishes to attend a meeting by other means,



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



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1geographic area of more than 4,500 square miles, and local
2workforce investment areas with jurisdiction over a specific
3geographic area of more than 4,500 square miles, however, may
4permit members to attend meetings by other means only in
5accordance with and to the extent allowed by specific
6procedural rules adopted by the body. For the purposes of this
7Section, "local workforce innovation area" means any local
8workforce innovation area or areas designated by the Governor
9pursuant to the federal Workforce Innovation and Opportunity
10Act or its reauthorizing legislation.
11    (e) Notwithstanding any provision of law, a meeting subject
12to this Act may be conducted by audio or video conference,
13without the physical presence of a quorum of the members, so
14long as the following conditions are met:
15        (1) the Governor or the Director of the Illinois
16    Department of Public Health has issued a disaster
17    declaration related to public health concerns because of a
18    health pandemic or other similar emergency and all or part
19    of the jurisdiction of the public body is covered by the
20    disaster area;
21        (2) the presiding officer, chief legal counsel, or
22    chief administrative officer for the affected governing
23    body determines that an in-person meeting or a meeting
24    conducted under this Act is not practical or prudent
25    because of a health pandemic or another similar emergency;
26        (3) all members of the body participating in the



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1    meeting, wherever their physical location, shall be
2    verified and can hear one another and can hear all
3    discussion and testimony;
4        (4) members of the public present at the regular
5    meeting location of the body can hear all discussion and
6    testimony and all votes of the members of the body, unless
7    attendance at the regular meeting location is not feasible
8    due to the health pandemic or emergency declaration, in
9    which case the public body must make arrangements to allow
10    any interested member of the public to hear all discussion,
11    testimony, and roll call votes;
12        (5) at least one member of the body, chief legal
13    counsel, or chief administrative officer is physically
14    present at the regular meeting location, unless unfeasible
15    due to the health pandemic or emergency declaration;
16        (6) all votes are conducted by roll call, so each
17    member's vote on each issue can be identified and recorded;
18        (7) except in the event of a bona fide emergency, 2
19    business days' notice shall be given of a meeting to be
20    held pursuant to this Section. Notice shall be given to all
21    members of the public body, shall be posted on the website
22    of the public body, and shall also be provided to any news
23    media who has requested notice of meetings pursuant to
24    subsection (a) of Section 2.02. If the public body declares
25    a bona fide emergency:
26            (A) Notice shall be given pursuant to subsection



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1        (a) of Section 2.02 and the presiding officer shall
2        state the nature of the emergency at the beginning of
3        the meeting.
4            (B) The public body must comply with the verbatim
5        recording requirements of Section 2.06;
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; and
11        (9) the public body shall bear all costs associated
12    with compliance with this Section.
13(Source: P.A. 100-477, eff. 9-8-17.)
14    Section 15-10. The Freedom of Information Act is amended by
15adding Section 3.4 as follows:
16    (5 ILCS 140/3.4 new)
17    Sec. 3.4. 2020 exception. Notwithstanding any provision of
18law or rule to the contrary, no public body shall be considered
19in violation of this Act for failing to respond within the time
20prescribed by this Act to any request due on or after March 9,
212020 and prior to June 1, 2020, provided the public body
22provides a response by the later of 30 days after the effective
23date of this amendatory Act of the 101st General Assembly or
24the time prescribed by this Act for the relevant request.



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1    Section 15-15. The Electronic Commerce Security Act is
2amended by adding Section 95-20 as follows:
3    (5 ILCS 175/95-20 new)
4    Sec. 95-20. Remote Witnessing and Notarization.
5    (a) The purpose of this Section is to give statutory
6approval to the notary and witness guidelines provided in State
7of Illinois Executive Order 2020-14.
8    (b) Notwithstanding any provision of law, rule, or
9regulation, effective March 26, 2020 and ending 30 days after
10expiration of the Governor's emergency declaration regarding
11COVID-19, a notarial act or an act of witnessing, including
12when a person must "appear before", act "in the presence of",
13or any variation thereof, may be performed through means of
14two-way audio-video communication technology that allows for
15direct contemporaneous interaction by sight and sound between
16the individual signing the document, the witness and the notary
18    (c) A notarial act satisfies the "appearing before"
19requirement under Section 6-102 of the Illinois Notary Public
20Act if the notary public performs a remote notarization via
21two-way audio-video communication technology, provided that
22the Notary Public commissioned in Illinois is physically within
23the State while performing the notarial act and the transaction
24follows any guidance or rules provided by the Illinois



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1Secretary of State in existence on the date of notarization.
2    (d) An act of witnessing and the technology used in the
3audio-video communication must substantially comply with the
4following process: (1) the two-way audio-video communication
5technology must be recorded and preserved by the signatory or
6the signatory's designee for a period of at least 3 years; (2)
7the signatory must attest to being physically located in
8Illinois during the two-way audio-video communication; (3) the
9witness must attest to being physically located in Illinois
10during the two-way audio-video communication; (4) the
11signatory must affirmatively state on the two-way audio-video
12communication what document the signatory is signing; (5) each
13page of the document being witnessed must be shown to the
14witness on the two-way audio-video communication technology in
15a means clearly legible to the witness and initialed by the
16signatory in the presence of the witness; (6) the act of
17signing must be captured sufficiently up close on the two-way
18audio-video communication for the witness to observe; (7) the
19signatory must transmit by overnight mail, fax, electronic or
20other means a legible copy of the entire signed document
21directly to the witness no later than the day after the
22document is signed; (8) the witness must sign the transmitted
23copy of the document as a witness and transmit the signed copy
24of the document back via overnight mail, fax, electronic or
25other means to the signatory within 24 hours of receipt; and
26(9) if necessary, the witness may sign the original signed



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1document as of the date of the original execution by the
2signatory provided that the witness receives the original
3signed document together with the electronically witnessed
4copy within thirty days from the date of the remote witnessing.
5    (d) The prohibition on electronic signatures on certain
6documents in subsection (c) of Section 120 remains in full
8    (e) Notwithstanding any law or rule of the State of
9Illinois to the contrary, absent an express prohibition in a
10document against signing in counterparts, all legal documents,
11including, but not limited to, deeds, last wills and
12testaments, trusts, durable powers of attorney for property,
13and powers of attorney for health care, may be signed in
14counterparts by the witnesses and the signatory. A notary
15public must be presented with a fax or electronic copy of the
16document signature pages showing the witness signatures on the
17same date the document is signed by the signatory if the notary
18public is being asked to certify to the appearance of the
19witnesses to a document.
20    (f) Any technology issues that may occur do not impact the
21validity or effect of any instrument or document signed under
22this Section. As used in this Section, "technology issues"
23include, but are not limited to, problems with the internet
24connection, user error related to the use of technology, the
25file containing a recorded act becoming corrupted, or other
26temporary malfunctions involving the technology used in an act



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1of witnessing or a notarial act.
2    Section 15-20. The Illinois Governmental Ethics Act is
3amended by changing Section 4A-105 as follows:
4    (5 ILCS 420/4A-105)  (from Ch. 127, par. 604A-105)
5    Sec. 4A-105. Time for filing. Except as provided in
6Section 4A-106.1, by May 1 of each year a statement must be
7filed by each person whose position at that time subjects him
8to the filing requirements of Section 4A-101 or 4A-101.5 unless
9he has already filed a statement in relation to the same unit
10of government in that calendar year.
11    Statements must also be filed as follows:
12        (a) A candidate for elective office shall file his
13    statement not later than the end of the period during which
14    he can take the action necessary under the laws of this
15    State to attempt to qualify for nomination, election, or
16    retention to such office if he has not filed a statement in
17    relation to the same unit of government within a year
18    preceding such action.
19        (b) A person whose appointment to office is subject to
20    confirmation by the Senate shall file his statement at the
21    time his name is submitted to the Senate for confirmation.
22        (b-5) A special government agent, as defined in item
23    (1) of Section 4A-101 of this Act, shall file a statement
24    within 30 days after making the first ex parte



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



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1file such statement by May 31, the officer with whom such
2statement is to be filed under Section 4A-106 or 4A-106.5 of
3this Act shall, within 7 days after May 31, notify such person
4by certified mail of his or her failure to file by the
5specified date. Such person shall file his or her statement of
6economic interests on or before June 15 with the appropriate
7officer, together with a $15 late filing fee. Any such person
8who fails to file by June 15 shall be subject to a penalty of
9$100 per day for each day from June 16 to the date of filing,
10which shall be in addition to the $15 late filing fee specified
11above. Failure to file by June 30 shall result in a forfeiture
12in accordance with Section 4A-107 of this Act.
13    All late filing fees and penalties collected pursuant to
14this Section shall be paid into the General Revenue Fund in the
15State treasury, if the Secretary of State receives such
16statement for filing, or into the general fund in the county
17treasury, if the county clerk receives such statement for
18filing. The Attorney General, with respect to the State, and
19the several State's Attorneys, with respect to counties, shall
20take appropriate action to collect the prescribed penalties.
21    Failure to file a statement of economic interests within
22the time prescribed shall not result in a fine or ineligibility
23for, or forfeiture of, office or position of employment, as the
24case may be; provided that the failure to file results from not
25being included for notification by the appropriate agency,
26clerk, secretary, officer or unit of government, as the case



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1may be, and that a statement is filed within 30 days of actual
2notice of the failure to file.
3    Beginning with statements required to be filed on or after
4May 1, 2009, the officer with whom a statement is to be filed
5may, in his or her discretion, waive the late filing fee, the
6monetary late filing penalty, and the ineligibility for or
7forfeiture of office or position for failure to file when the
8person's late filing of a statement or failure to file a
9statement is due to his or her (i) serious or catastrophic
10illness that renders the person temporarily incapable of
11completing the statement or (ii) military service.
12    Notwithstanding any provision of law or rule to the
13contrary, the deadlines for filing statements of economic
14interests under this Section on or after March 17, 2020 shall
15be suspended until August 1, 2020.
16(Source: P.A. 101-221, eff. 8-9-19.)
17    Section 15-24. The Illinois Administrative Procedure Act
18is amended by adding Section 5-45.1 as follows:
19    (5 ILCS 100/5-45.1 new)
20    Sec. 5-45.1. Emergency rulemaking; Secretary of State
21emergency powers. To provide for the expeditious and timely
22implementation of the extension provisions of Section 30 of the
23Secretary of State Act, emergency rules implementing the
24extension provisions of Section 30 of the Secretary of State



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1Act may be adopted in accordance with Section 5-45 by the
2Secretary of State. The adoption of emergency rules authorized
3by Section 5-45 and this Section is deemed to be necessary for
4the public interest, safety, and welfare.
5    This Section is repealed on January 1, 2026.
6    Section 15-25. The Secretary of State Act is amended by
7adding Section 30 as follows:
8    (15 ILCS 305/30 new)
9    Sec. 30. Emergency powers.
10    (a) Upon the Governor of the State of Illinois issuing a
11statewide disaster declaration based on a health pandemic or
12similar emergency, the Secretary may extend for the duration of
13the proclaimed disaster and for a period of up to 30 days
14beyond the expiration of the disaster declaration:
15        (1) the expiration dates of driver's licenses, driving
16    permits, identification cards, disabled parking placards
17    and decals, and vehicle registrations; and
18        (2) the expiration dates of professional licenses,
19    registrations, certifications and commissions issued by
20    the Secretary, including but not limited to, vehicle
21    dealership licenses, commercial driver training school
22    licenses, and securities, broker and investment adviser
23    registrations.
24    (b) To provide for the expeditious and timely



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1implementation of this amendatory Act of the 101st General
2Assembly, emergency rules to implement the extension
3provisions of this Section may be adopted by the Secretary of
4State, subject to the provisions of Section 5-45 of the
5Illinois Administrative Procedure Act. Any such rule shall:
6        (1) identify the disaster proclamation authorizing the
7    rulemaking;
8        (2) set forth the expirations being extended (that is,
9    the extension shall apply to all driver's licenses, driving
10    permits, identification cards, disabled parking placards
11    and decals, and vehicle registrations expiring on [date]
12    through [date]); and
13        (3) set forth the date on which the extension period
14    becomes effective, and the date on which the extension will
15    terminate if not extended by subsequent emergency
16    rulemaking.
17    (c) Where the renewal of any driver's license, driving
18permit, identification card, disabled parking placard or
19decal, vehicle registration, or professional license,
20registration, certification or commission has been extended
21pursuant to this Section, it shall be renewed during the period
22of the extension. Any such renewal shall be from the original
23expiration date and shall be subject to the full fee which
24would have been due had the renewal been issued based on the
25original expiration date, except that no late filing fees or
26penalties shall be imposed.



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1    (d) All law enforcement agencies in the State of Illinois
2and all State and local governmental entities shall recognize
3the validity of, and give full legal force to, extensions
4granted pursuant to this Section.
5    (e) Upon the request of any person or entity whose driver's
6license, driving permit, identification card, disabled parking
7placard or decal, vehicle registration, or professional
8license, registration, certification, or commission has been
9subject to an extension under this Section, the Secretary shall
10issue a statement verifying the extension was issued pursuant
11to Illinois law, and requesting any foreign jurisdiction to
12honor the extension.
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



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2    This Section is repealed on January 1, 2026.
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.



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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



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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



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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 30 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(Source: P.A. 97-833, eff. 7-20-12.)
23    Section 15-32. The Illinois Finance Authority Act is
24amended by changing Section 801-25 as follows:



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



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1apply to procurements made by or on behalf of public
2institutions of higher education for any of the following:
3        (1) Memberships in professional, academic, research,
4    or athletic organizations on behalf of a public institution
5    of higher education, an employee of a public institution of
6    higher education, or a student at a public institution of
7    higher education.
8        (2) Procurement expenditures for events or activities
9    paid for exclusively by revenues generated by the event or
10    activity, gifts or donations for the event or activity,
11    private grants, or any combination thereof.
12        (3) Procurement expenditures for events or activities
13    for which the use of specific potential contractors is
14    mandated or identified by the sponsor of the event or
15    activity, provided that the sponsor is providing a majority
16    of the funding for the event or activity.
17        (4) Procurement expenditures necessary to provide
18    athletic, artistic or musical services, performances,
19    events, or productions by or for a public institution of
20    higher education.
21        (5) Procurement expenditures for periodicals, books,
22    subscriptions, database licenses, and other publications
23    procured for use by a university library or academic
24    department, except for expenditures related to procuring
25    textbooks for student use or materials for resale or
26    rental.



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



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



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1of Illinois for investment services scheduled to expire June
22020 may be extended through June 2021 without being subject to
3the requirements of this Code. Any contract extended, renewed,
4or entered pursuant to this exception shall be published on the
5Executive Ethics Commission's website within 5 days of contract
6execution. This subsection is inoperative on and after July 1,
8    (c) Procurements made by or on behalf of public
9institutions of higher education for the fulfillment of a grant
10shall be made in accordance with the requirements of this Code
11to the extent practical.
12    Upon the written request of a public institution of higher
13education, the Chief Procurement Officer may waive contract,
14registration, certification, and hearing requirements of this
15Code if, based on the item to be procured or the terms of a
16grant, compliance is impractical. The public institution of
17higher education shall provide the Chief Procurement Officer
18with specific reasons for the waiver, including the necessity
19of contracting with a particular potential contractor, and
20shall certify that an effort was made in good faith to comply
21with the provisions of this Code. The Chief Procurement Officer
22shall provide written justification for any waivers. By
23November 1 of each year, the Chief Procurement Officer shall
24file a report with the General Assembly identifying each
25contract approved with waivers and providing the justification
26given for any waivers for each of those contracts. Notice of



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



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1consultant, independent contractor, director, partner,
2manager, or shareholder of a business. The Executive Ethics
3Commission may promulgate rules and regulations for the
4implementation and administration of the provisions of this
5subsection (e).
6    (f) As used in this Section:
7    "Grant" means non-appropriated funding provided by a
8federal or private entity to support a project or program
9administered by a public institution of higher education and
10any non-appropriated funding provided to a sub-recipient of the
12    "Public institution of higher education" means Chicago
13State University, Eastern Illinois University, Governors State
14University, Illinois State University, Northeastern Illinois
15University, Northern Illinois University, Southern Illinois
16University, University of Illinois, Western Illinois
17University, and, for purposes of this Code only, the Illinois
18Mathematics and Science Academy.
19    (g) (Blank).
20    (h) The General Assembly finds and declares that:
21        (1) Public Act 98-1076, which took effect on January 1,
22    2015, changed the repeal date set for this Section from
23    December 31, 2014 to December 31, 2016.
24        (2) The Statute on Statutes sets forth general rules on
25    the repeal of statutes and the construction of multiple
26    amendments, but Section 1 of that Act also states that



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1    these rules will not be observed when the result would be
2    "inconsistent with the manifest intent of the General
3    Assembly or repugnant to the context of the statute".
4        (3) This amendatory Act of the 100th General Assembly
5    manifests the intention of the General Assembly to remove
6    the repeal of this Section.
7        (4) This Section was originally enacted to protect,
8    promote, and preserve the general welfare. Any
9    construction of this Section that results in the repeal of
10    this Section on December 31, 2014 would be inconsistent
11    with the manifest intent of the General Assembly and
12    repugnant to the context of this Code.
13    It is hereby declared to have been the intent of the
14General Assembly that this Section not be subject to repeal on
15December 31, 2014.
16    This Section shall be deemed to have been in continuous
17effect since December 20, 2011 (the effective date of Public
18Act 97-643), and it shall continue to be in effect henceforward
19until it is otherwise lawfully repealed. All previously enacted
20amendments to this Section taking effect on or after December
2131, 2014, are hereby validated.
22    All actions taken in reliance on or pursuant to this
23Section by any public institution of higher education, person,
24or entity are hereby validated.
25    In order to ensure the continuing effectiveness of this
26Section, it is set forth in full and re-enacted by this



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1amendatory Act of the 100th General Assembly. This re-enactment
2is intended as a continuation of this Section. It is not
3intended to supersede any amendment to this Section that is
4enacted by the 100th General Assembly.
5    In this amendatory Act of the 100th General Assembly, the
6base text of the reenacted Section is set forth as amended by
7Public Act 98-1076. Striking and underscoring is used only to
8show changes being made to the base text.
9    This Section applies to all procurements made on or before
10the effective date of this amendatory Act of the 100th General
12(Source: P.A. 100-43, eff. 8-9-17.)
13    Section 15-40. The Park District Aquarium and Museum Act is
14amended by changing Section 1 as follows:
15    (70 ILCS 1290/1)  (from Ch. 105, par. 326)
16    Sec. 1. Erect, operate, and maintain aquariums and museums.
17The corporate authorities of cities and park districts having
18control or supervision over any public park or parks, including
19parks located on formerly submerged land, are hereby authorized
20to purchase, erect, and maintain within any such public park or
21parks edifices to be used as aquariums or as museums of art,
22industry, science, or natural or other history, including
23presidential libraries, centers, and museums, such aquariums
24and museums consisting of all facilities for their collections,



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



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1on the grounds, including the aquarium or museum itself, that
2matures upon the expiration or lawful termination of the lease.
3It is hereby reaffirmed and found that the aquariums and
4museums as described in this Section, and their collections,
5exhibitions, programming, and associated initiatives, serve
6valuable public purposes, including, but not limited to,
7furthering human knowledge and understanding, educating and
8inspiring the public, and expanding recreational and cultural
9resources and opportunities. Any city or park district may
10charge, or permit such an aquarium or museum to charge, an
11admission fee. Any such aquarium or museum, however, shall be
12open without charge, when accompanied by a teacher, to the
13children in actual attendance upon grades kindergarten through
14twelve in any of the schools in this State at all times. In
15addition, except as otherwise provided in this Section, any
16such aquarium or museum must be open to persons who reside in
17this State without charge for a period equivalent to 52 days,
18at least 6 of which must be during the period from June through
19August, each year. Beginning on the effective date of this
20amendatory Act of the 101st General Assembly through June 30,
212022, any such aquarium or museum must be open to persons who
22reside in this State without charge for a period equivalent to
2352 days, at least 6 of which must be during the period from
24June through August, 2021. Notwithstanding said provisions,
25charges may be made at any time for special services and for
26admission to special facilities within any aquarium or museum



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1for the education, entertainment, or convenience of visitors.
2The proceeds of such admission fees and charges for special
3services and special facilities shall be devoted exclusively to
4the purposes for which the tax authorized by Section 2 hereof
5may be used. If any owner or owners of any lands or lots
6abutting or fronting on any such public park, or adjacent
7thereto, have any private right, easement, interest or property
8in such public park appurtenant to their lands or lots or
9otherwise, which would be interfered with by the erection and
10maintenance of any aquarium or museum as hereinbefore provided,
11or any right to have such public park remain open or vacant and
12free from buildings, the corporate authorities of the city or
13park district having control of such park, may condemn the same
14in the manner prescribed for the exercise of the right of
15eminent domain under the Eminent Domain Act. The changes made
16to this Section by this amendatory Act of the 99th General
17Assembly are declaratory of existing law and shall not be
18construed as a new enactment.
19(Source: P.A. 99-3, eff. 1-1-16.)
20    Section 15-45. The Illinois Vehicle Code is amended by
21adding Section 2-129 as follows:
22    (625 ILCS 5/2-129 new)
23    Sec. 2-129. Expiration dates. All expiration periods set
24forth in this Code shall be subject to the provisions of



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1Section 30 of the Secretary of State Act.

3    Section 25-5. The Department of Insurance Law of the Civil
4Administrative Code of Illinois is amended by adding Section
51405-32 as follows:
6    (20 ILCS 1405/1405-32 new)
7    Sec. 1405-32. Task force on business interruption
8insurance policies. The Department of Insurance shall appoint a
9task force on business interruption insurance policies
10consisting of no more than 10 members representing the
11Department of Insurance and the insurance industry. The Task
12Force shall include a representative from a national trade
13association, based in the State of Illinois, that represents
14insurers who provide a significant segment of market share of
15the commercial insurance provided in the State of Illinois. The
16Task Force shall study the impacts of the COVID-19 pandemic on
17businesses and the need for changes to business interruption
18insurance policies based on those impacts, including
19recommendations for legislation.
20    Task Force members shall serve without compensation but may
21be reimbursed for their expenses incurred in performing their
23    The Department of Insurance shall provide administrative



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1and other support to the Task Force.
2    The Task Force shall submit the report of its findings and
3recommendations to the Governor and the General Assembly by
4December 31, 2020. The Task Force is dissolved, and this
5Section is repealed, on December 31, 2021.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".