Full Text of SB2135 101st General Assembly
SB2135ham005 101ST GENERAL ASSEMBLY | Rep. Kelly M. Burke Filed: 5/23/2020
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| 1 | | AMENDMENT TO SENATE BILL 2135
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2135, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "ARTICLE 1. GOVERNMENT EMERGENCY ADMINISTRATION | 6 | | Section 1-1. Short title. This Act may be cited as the | 7 | | Government Emergency Administration Act. | 8 | | Section 1-5. Findings and purpose. | 9 | | (a) The General Assembly finds that the statewide public | 10 | | health emergency caused by the outbreak of COVID-19 presents an | 11 | | unprecedented danger to the People of the State of Illinois, | 12 | | requiring the use of extraordinary precautions to reduce the | 13 | | risk of infection, causing delays in critical functions, and | 14 | | fundamentally altering the ways in which government must | 15 | | operate in order to serve the People of the State of Illinois.
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| 1 | | (b) The purpose of this Act is to provide government with | 2 | | the tools that it needs to continue to serve the People of the | 3 | | State of Illinois and to better respond to the statewide public | 4 | | health emergency caused by the outbreak of COVID-19.
| 5 | | ARTICLE 5. RESTORE ILLINOIS | 6 | | Section 5-5. The Department of Commerce and Economic | 7 | | Opportunity Law of the Civil Administrative Code of Illinois is | 8 | | amended by adding Section 605-1045 as follows: | 9 | | (20 ILCS 605/605-1045 new) | 10 | | Sec. 605-1045. Restore Illinois Collaborative Commission. | 11 | | (a) The General Assembly hereby finds and declares that the | 12 | | State is confronted with a public health crisis that has | 13 | | created unprecedented challenges for the State's diverse | 14 | | economic base. In light of this crisis, and the heightened need | 15 | | for collaboration between the legislative and executive | 16 | | branches, the General Assembly hereby establishes the Restore | 17 | | Illinois Collaborative Commission. The members of the | 18 | | Commission will participate in and provide input on plans to | 19 | | revive the various sectors of the State's economy in the wake | 20 | | of the COVID-19 pandemic. | 21 | | (b) The Department may request meetings be convened to | 22 | | address revitalization efforts for the various sectors of the | 23 | | State's economy. Such meetings may include public |
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| 1 | | participation as determined by the Commission. | 2 | | (c) The Department shall provide a written report to the | 3 | | commission and the General Assembly not less than every 30 days | 4 | | regarding the status of current and proposed revitalization | 5 | | efforts. The written report shall include applicable metrics | 6 | | that demonstrate progress on recovery efforts, as well as any | 7 | | additional information as requested by the Commission. The | 8 | | first report shall be delivered by July 1, 2020. The report to | 9 | | the General Assembly shall be delivered to all members, in | 10 | | addition to complying with the requirements of Section 3.1 of | 11 | | the General Assembly Organization Act. | 12 | | (d) The Restore Illinois Collaborative Commission shall | 13 | | consist of 14 members, appointed as follows: | 14 | | (1) four members of the House of Representatives | 15 | | appointed by the Speaker of the House of Representatives; | 16 | | (2) four members of the Senate appointed by the Senate | 17 | | President; | 18 | | (3) three members of the House of Representatives | 19 | | appointed by the Minority Leader of the House of | 20 | | Representatives; and | 21 | | (4) three members of the Senate appointed by the Senate | 22 | | Minority Leader. | 23 | | (e) The Speaker of the House of Representatives and the | 24 | | Senate President shall each appoint one member of the | 25 | | Commission to serve as a Co-Chair. The Co-Chairs may convene | 26 | | meetings of the Commission. The members of the Commission shall |
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| 1 | | serve without compensation. | 2 | | (f) This section is repealed December 31, 2020. | 3 | | ARTICLE 10. BROADBAND ACCESS | 4 | | Section 10-5. The Broadband Advisory Council Act is amended | 5 | | by adding Section 25 as follows: | 6 | | (220 ILCS 80/25 new) | 7 | | Sec. 25. Universal no-cost broadband Internet access. | 8 | | (a) In furtherance of the purposes of this Act to expand | 9 | | broadband service to unserved rural and urban areas of this | 10 | | State and to achieve universal broadband service and Internet | 11 | | access for the residents of this State, the Broadband Advisory | 12 | | Council shall study the goal of providing free access to all | 13 | | residents of this State to broadband service through the | 14 | | expansion of the state broadband competitive matching grant | 15 | | program. The Broadband Advisory Council shall also study the | 16 | | alternative goal of providing affordable access to all | 17 | | residents of this State to broadband service. The Office of | 18 | | Broadband within the Department of Commerce and Economic | 19 | | Opportunity shall support and assist the Council in the | 20 | | development of the study. | 21 | | (b) The study must include establishing access to broadband | 22 | | service in zip codes identified as having high levels of | 23 | | poverty and in the areas of the State without the |
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| 1 | | infrastructure necessary to meet the requirements for | 2 | | high-speed access to the Internet. To the extent possible, the | 3 | | study shall consider the incorporation and expansion of the | 4 | | initiatives established in the Connect Illinois Broadband | 5 | | Strategic Plan. The Council's study shall identify existing and | 6 | | new streams of State, federal and private-public partnership | 7 | | revenue to underwrite the creation of necessary infrastructure | 8 | | and purchase unlimited broadband Internet access to be | 9 | | provided, without charge, to some or all residents of the | 10 | | State. The Council's study shall include a recommended schedule | 11 | | for implementation of free universal broadband to the extent | 12 | | determined to be feasible. | 13 | | (c) The Council shall issue a report on its findings and | 14 | | recommendations for any necessary legislation to the | 15 | | General Assembly no later than January 1, 2021. | 16 | | ARTICLE 15. AMENDATORY PROVISIONS | 17 | | Section 15-5. The Open Meetings Act is amended by changing | 18 | | Sections 2.01 and 7 as follows:
| 19 | | (5 ILCS 120/2.01) (from Ch. 102, par. 42.01)
| 20 | | Sec. 2.01. All meetings required by this Act to be public | 21 | | shall be held at
specified times and places which are | 22 | | convenient and open
to the public. No meeting
required by this | 23 | | Act to be public shall be held on a legal holiday unless
the |
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| 1 | | regular meeting day falls on that holiday.
| 2 | | Except as otherwise provided in this Act, a A quorum of | 3 | | members of a public body must be physically present at the | 4 | | location of an open meeting. If, however, an open meeting of a | 5 | | public body (i) with statewide jurisdiction, (ii) that is an | 6 | | Illinois library system with jurisdiction over a specific | 7 | | geographic area of more than 4,500 square miles, (iii) that is | 8 | | a municipal transit district with jurisdiction over a specific | 9 | | geographic area of more than 4,500 square miles, or (iv) that | 10 | | is a local workforce investment area with jurisdiction over a | 11 | | specific geographic area of more than 4,500 square miles is | 12 | | held simultaneously at one of its offices and one or more other | 13 | | locations in a public building, which may include other of its | 14 | | offices, through an interactive video conference and the public | 15 | | body provides public notice and public access as required under | 16 | | this Act for all locations, then members physically present in | 17 | | those locations all count towards determining a quorum. "Public | 18 | | building", as used in this Section, means any building or | 19 | | portion thereof owned or leased by any public body. The | 20 | | requirement that a quorum be physically present at the location | 21 | | of an open meeting shall not apply, however, to State advisory | 22 | | boards or bodies that do not have authority to make binding | 23 | | recommendations or determinations or to take any other | 24 | | substantive action.
| 25 | | Except as otherwise provided in this Act, a A quorum of | 26 | | members of a public body that is not (i) a public body with |
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| 1 | | statewide jurisdiction, (ii) an Illinois library system with | 2 | | jurisdiction over a specific geographic area of more than 4,500 | 3 | | square miles, (iii) a municipal transit district with | 4 | | jurisdiction over a specific geographic area of more than 4,500 | 5 | | square miles, or (iv) a local workforce innovation area with | 6 | | jurisdiction over a specific geographic area of more than 4,500 | 7 | | square miles must be physically present at the location of a | 8 | | closed meeting. Other members who are not physically present at | 9 | | a closed meeting of such a public body may participate in the | 10 | | meeting by means of a video or audio conference.
For the | 11 | | purposes of this Section, "local workforce innovation area" | 12 | | means any local workforce innovation area or areas designated | 13 | | by the Governor pursuant to the federal Workforce
Innovation | 14 | | and Opportunity Act or its reauthorizing legislation. | 15 | | (Source: P.A. 100-477, eff. 9-8-17.)
| 16 | | (5 ILCS 120/7)
| 17 | | Sec. 7. Attendance by a means other than physical presence. | 18 | | (a) If a
quorum of the members of the public body is | 19 | | physically present as required by Section 2.01, a majority of | 20 | | the public body may allow a member of that body to attend the | 21 | | meeting by other means if the member is prevented from | 22 | | physically
attending because of: (i) personal illness or | 23 | | disability; (ii) employment purposes or
the
business of the | 24 | | public body; or (iii) a family or other emergency.
"Other | 25 | | means" is by video or audio conference.
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| 1 | | (b) If a member wishes to attend a meeting by other means, | 2 | | the
member must notify the
recording secretary or clerk of the
| 3 | | public body before the meeting unless
advance notice is | 4 | | impractical.
| 5 | | (c) A majority of the public body may allow a member to | 6 | | attend a meeting by other means only in accordance with and to | 7 | | the extent allowed by rules adopted by the public body. The | 8 | | rules must conform to the requirements and restrictions of this | 9 | | Section, may further limit the extent to which attendance by | 10 | | other means is allowed, and may provide for the giving of | 11 | | additional notice to the public or further facilitate public | 12 | | access to meetings.
| 13 | | (d) The limitations of this Section shall not apply to (i) | 14 | | closed meetings of (A) public bodies with statewide | 15 | | jurisdiction, (B) Illinois library systems with jurisdiction | 16 | | over a specific geographic area of more than 4,500 square | 17 | | miles, (C) municipal transit districts with jurisdiction over a | 18 | | specific geographic area of more than 4,500 square miles, or | 19 | | (D) local workforce innovation areas with jurisdiction over a | 20 | | specific geographic area of more than 4,500 square miles or | 21 | | (ii) open or closed meetings of State advisory boards or bodies | 22 | | that do not have authority to make binding recommendations or | 23 | | determinations or to take any other substantive action. State | 24 | | advisory boards or bodies, public bodies with statewide | 25 | | jurisdiction, Illinois library systems with jurisdiction over | 26 | | a specific geographic area of more than 4,500 square miles, |
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| 1 | | municipal transit districts with jurisdiction over a specific | 2 | | geographic area of more than 4,500 square miles, and local | 3 | | workforce investment areas with jurisdiction over a specific | 4 | | geographic area of more than 4,500 square miles, however, may | 5 | | permit members to attend meetings by other means only in | 6 | | accordance with and to the extent allowed by specific | 7 | | procedural rules adopted by the body.
For the purposes of this | 8 | | Section, "local workforce innovation area" means any local | 9 | | workforce innovation area or areas designated by the Governor | 10 | | pursuant to the federal Workforce
Innovation and Opportunity | 11 | | Act or its reauthorizing legislation. | 12 | | (e) Subject to the requirements of Section 2.06 but | 13 | | notwithstanding any other provision of law, an open or closed | 14 | | meeting subject to this Act may be conducted by audio or video | 15 | | conference, without the physical presence of a quorum of the | 16 | | members, so long as the following conditions are met: | 17 | | (1) the Governor or the Director of the Illinois | 18 | | Department of Public Health has issued a disaster | 19 | | declaration related to public health concerns because of a | 20 | | disaster as defined in Section 4 of the Illinois Emergency | 21 | | Management Agency Act, and all or part of the jurisdiction | 22 | | of the public body is covered by the disaster area; | 23 | | (2) the head of the public body as defined in | 24 | | subsection (e) of Section 2 of the Freedom of Information | 25 | | Act determines that an in-person meeting or a meeting | 26 | | conducted under this Act is not practical or prudent |
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| 1 | | because of a disaster; | 2 | | (3) all members of the body participating in the | 3 | | meeting, wherever their physical location, shall be | 4 | | verified and can hear one another and can hear all | 5 | | discussion and testimony; | 6 | | (4) for open meetings, members of the public present at | 7 | | the regular meeting location of the body can hear all | 8 | | discussion and testimony and all votes of the members of | 9 | | the body, unless attendance at the regular meeting location | 10 | | is not feasible due to the disaster, including the issued | 11 | | disaster declaration, in which case the public body must | 12 | | make alternative arrangements and provide notice pursuant | 13 | | to this Section of such alternative arrangements in a | 14 | | manner to allow any interested member of the public access | 15 | | to contemporaneously hear all discussion, testimony, and | 16 | | roll call votes, such as by offering a telephone number or | 17 | | a web-based link; | 18 | | (5) at least one member of the body, chief legal | 19 | | counsel, or chief administrative officer is physically | 20 | | present at the regular meeting location, unless unfeasible | 21 | | due to the disaster, including the issued disaster | 22 | | declaration; and | 23 | | (6) all votes are conducted by roll call, so each | 24 | | member's vote on each issue can be identified and recorded. | 25 | | (7) Except in the event of a bona fide emergency, 48 | 26 | | hours' notice shall be given of a meeting to be held |
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| 1 | | pursuant to this Section. Notice shall be given to all | 2 | | members of the public body, shall be posted on the website | 3 | | of the public body, and shall also be provided to any news | 4 | | media who has requested notice of meetings pursuant to | 5 | | subsection (a) of Section 2.02 of this Act. If the public | 6 | | body declares a bona fide emergency: | 7 | | (A) Notice shall be given pursuant to subsection | 8 | | (a) of Section 2.02 of this Act, and the presiding | 9 | | officer shall state the nature of the emergency at the | 10 | | beginning of the meeting. | 11 | | (B) The public body must comply with the verbatim | 12 | | recording requirements set forth in Section 2.06 of | 13 | | this Act. | 14 | | (8) Each member of the body participating in a meeting | 15 | | by audio or video conference for a meeting held pursuant to | 16 | | this Section is considered present at the meeting for | 17 | | purposes of determining a quorum and participating in all | 18 | | proceedings. | 19 | | (9) In addition to the requirements for open meetings | 20 | | under Section 2.06, public bodies holding open meetings | 21 | | under this subsection (e) must also keep a verbatim record | 22 | | of all their meetings in the form of an audio or video | 23 | | recording. Verbatim records made under this paragraph (9) | 24 | | shall be made available to the public under, and are | 25 | | otherwise subject to, the provisions of Section 2.06. | 26 | | (10) The public body shall bear all costs associated |
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| 1 | | with compliance with this subsection (e).
| 2 | | (Source: P.A. 100-477, eff. 9-8-17.) | 3 | | Section 15-10. The Freedom of Information Act is amended by | 4 | | adding Section 3.4 as follows: | 5 | | (5 ILCS 140/3.4 new) | 6 | | Sec. 3.4. 2020 exception. Notwithstanding any provision of | 7 | | law or rule to the contrary, no public body shall be considered | 8 | | in violation of this Act for failing to respond within the time | 9 | | prescribed by this Act to any request due on or after March 9, | 10 | | 2020 and within 15 days after the effective date of this | 11 | | amendatory Act of the 101st General Assembly, provided the | 12 | | public body provides a response by the later of 30 days after | 13 | | the effective date of this amendatory Act or the time | 14 | | prescribed by this Act for the relevant request. | 15 | | This Section is repealed January 1, 2022. | 16 | | Section 15-15. The Electronic Commerce Security Act is | 17 | | amended by adding Section 95-20 as follows: | 18 | | (5 ILCS 175/95-20 new) | 19 | | Sec. 95-20. Remote Witnessing and Notarization. | 20 | | (a) The purpose of this Section is to give statutory | 21 | | approval to the notary and witness guidelines provided in State | 22 | | of Illinois Executive Order 2020-14. |
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| 1 | | (b) Notwithstanding any provision of law, rule, or | 2 | | regulation, effective March 26, 2020 and ending 30 days after | 3 | | expiration of the Governor's emergency declaration regarding | 4 | | COVID-19, a notarial act or an act of witnessing, including | 5 | | when a person must "appear before", act "in the presence of", | 6 | | or any variation thereof, may be performed through means of | 7 | | two-way audio-video communication technology that allows for | 8 | | direct contemporaneous interaction by sight and sound between | 9 | | the individual signing the document, the witness and the notary | 10 | | public. | 11 | | (c) A notarial act satisfies the "appearing before" | 12 | | requirement under Section 6-102 of the Illinois Notary Public | 13 | | Act if the notary public performs a remote notarization via | 14 | | two-way audio-video communication technology, provided that | 15 | | the Notary Public commissioned in Illinois is physically within | 16 | | the State while performing the notarial act and the transaction | 17 | | follows any guidance or rules provided by the Illinois | 18 | | Secretary of State in existence on the date of notarization. | 19 | | (d) An act of witnessing and the technology used in the | 20 | | audio-video communication must substantially comply with the | 21 | | following process:
(1) the two-way audio-video communication | 22 | | must be recorded and preserved by the signatory or the | 23 | | signatory's designee for a period of at least 3 years;
(2) the | 24 | | signatory must attest to being physically located in Illinois | 25 | | during the two-way audio-video communication;
(3) the witness | 26 | | must attest to being physically located in Illinois during the |
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| 1 | | two-way audio-video communication;
(4) the signatory must | 2 | | affirmatively state on the two-way audio-video communication | 3 | | what document the signatory is signing;
(5) each page of the | 4 | | document being witnessed must be shown to the witness on the | 5 | | two-way audio-video communication technology in a means | 6 | | clearly legible to the witness and initialed by the signatory | 7 | | in the presence of the witness;
(6) the act of signing must be | 8 | | captured sufficiently up close on the two-way audio-video | 9 | | communication for the witness to observe;
(7) the signatory | 10 | | must transmit by overnight mail, fax, electronic or other means | 11 | | a legible copy of the entire signed document directly to the | 12 | | witness no later than the day after the document is signed;
(8) | 13 | | the witness must sign the transmitted copy of the document as a | 14 | | witness and transmit the signed copy of the document back via | 15 | | overnight mail, fax, electronic or other means to the signatory | 16 | | within 24 hours of receipt; and (9) if necessary, the witness | 17 | | may sign the original signed document as of the date of the | 18 | | original execution by the signatory provided that the witness | 19 | | receives the original signed document together with the | 20 | | electronically witnessed copy within thirty days from the date | 21 | | of the remote witnessing. | 22 | | (d) The prohibition on electronic signatures on certain | 23 | | documents in subsection (c) of Section 120 remains in full | 24 | | effect. | 25 | | (e) Notwithstanding any law or rule of the State of | 26 | | Illinois to the contrary, absent an express prohibition in a |
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| 1 | | document against signing in counterparts, all legal documents, | 2 | | including, but not limited to, deeds, last wills and | 3 | | testaments, trusts, durable powers of attorney for property, | 4 | | and powers of attorney for health care, may be signed in | 5 | | counterparts by the witnesses and the signatory. A notary | 6 | | public must be presented with a fax or electronic copy of the | 7 | | document signature pages showing the witness signatures on the | 8 | | same date the document is signed by the signatory if the notary | 9 | | public is being asked to certify to the appearance of the | 10 | | witnesses to a document. | 11 | | (f) Any technology issues that may occur do not impact the | 12 | | validity or effect of any instrument or document signed under | 13 | | this Section. As used in this Section, "technology issues" | 14 | | include, but are not limited to, problems with the internet | 15 | | connection, user error related to the use of technology, the | 16 | | file containing a recorded act becoming corrupted, or other | 17 | | temporary malfunctions involving the technology used in an act | 18 | | of witnessing or a notarial act. | 19 | | Section 15-20. The Illinois Governmental Ethics Act is | 20 | | amended by changing Section 4A-105 as follows: | 21 | | (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
| 22 | | Sec. 4A-105. Time for filing. Except as provided in | 23 | | Section 4A-106.1, by
May 1 of each year a statement must be | 24 | | filed by each person
whose position at that time subjects him |
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| 1 | | to the filing requirements of Section
4A-101 or 4A-101.5 unless | 2 | | he has already filed a statement in relation to the same unit | 3 | | of
government in that calendar year.
| 4 | | Statements must also be filed as follows:
| 5 | | (a) A candidate for elective office shall file his | 6 | | statement not later
than the end of the period during which | 7 | | he can take the action necessary
under the laws of this | 8 | | State to attempt to qualify for nomination, election, or
| 9 | | retention to such office if he has not filed a statement in | 10 | | relation to the
same unit of government within a year | 11 | | preceding such action.
| 12 | | (b) A person whose appointment to office is subject to | 13 | | confirmation by
the Senate shall file his statement at the | 14 | | time his name is submitted to
the Senate for confirmation.
| 15 | | (b-5) A special government agent, as defined in
item | 16 | | (1) of Section 4A-101 of this Act, shall file a statement | 17 | | within 30 days
after
making the first ex parte | 18 | | communication and each May 1 thereafter if he or she
has | 19 | | made an ex parte communication within the previous 12 | 20 | | months.
| 21 | | (c) Any other person required by this Article to file | 22 | | the statement
shall file a statement at the time of his or | 23 | | her initial appointment or
employment in relation to that | 24 | | unit of government if appointed or employed by
May 1.
| 25 | | If any person who is required to file a statement of | 26 | | economic interests
fails to file such statement by May 1 of any |
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| 1 | | year, the officer with whom
such statement is to be filed under | 2 | | Section 4A-106 or 4A-106.5 of this Act shall,
within 7 days | 3 | | after May 1, notify such person by certified mail of his or
her | 4 | | failure to file by the specified date. Except as may be | 5 | | prescribed by
rule of the Secretary of State, such person shall | 6 | | file his or
her statement of economic interests on or before | 7 | | May 15 with the
appropriate officer, together with a $15 late | 8 | | filing fee. Any such person
who fails to file by May 15 shall | 9 | | be subject to a penalty of $100 for each
day from May 16 to the | 10 | | date of filing, which shall be in addition to the $15
late | 11 | | filing fee specified above. Failure to file by May 31 shall | 12 | | result in a
forfeiture in accordance with Section 4A-107 of | 13 | | this Act.
| 14 | | Any person who takes office or otherwise becomes required | 15 | | to file a
statement of economic interests within 30 days prior | 16 | | to May 1 of any year
may file his or her statement at any time | 17 | | on or before May 31 without
penalty. If such person fails to | 18 | | file such statement by May 31, the
officer with whom such | 19 | | statement is to be filed under Section 4A-106 or 4A-106.5 of
| 20 | | this Act shall, within 7 days after May 31, notify such person | 21 | | by certified
mail of his or her failure to file by the | 22 | | specified date. Such person
shall file his or her statement of | 23 | | economic interests on or before June 15 with
the appropriate | 24 | | officer, together with a $15 late filing fee. Any such
person | 25 | | who fails to file by June 15 shall be subject to a penalty of | 26 | | $100
per day for each day from June 16 to the date of filing, |
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| 1 | | which shall be in
addition to the $15 late filing fee specified | 2 | | above. Failure to file by June
30 shall result in a forfeiture | 3 | | in accordance with Section 4A-107 of this Act.
| 4 | | All late filing fees and penalties collected pursuant to | 5 | | this Section
shall be paid into the General Revenue Fund in the | 6 | | State treasury, if the
Secretary of State receives such | 7 | | statement for filing, or into the general
fund in the county | 8 | | treasury, if the county clerk receives such statement
for | 9 | | filing. The Attorney General, with respect to the State, and | 10 | | the
several State's Attorneys, with respect to counties, shall | 11 | | take appropriate
action to collect the prescribed penalties.
| 12 | | Failure to file a statement of economic interests within | 13 | | the time
prescribed shall not result in a fine or ineligibility | 14 | | for, or forfeiture of,
office or position of employment, as the | 15 | | case may be; provided that the failure
to file results from not | 16 | | being included for notification by the appropriate
agency, | 17 | | clerk, secretary, officer or unit of government, as the case | 18 | | may be,
and that a statement is filed within 30 days of actual | 19 | | notice of the failure to
file.
| 20 | | Beginning with statements required to be filed on or after | 21 | | May 1, 2009, the officer with whom a statement is to be filed | 22 | | may, in his or her discretion, waive the late filing fee, the | 23 | | monetary late filing penalty, and the ineligibility for or | 24 | | forfeiture of office or position for failure to file when the | 25 | | person's late filing of a statement or failure to file a | 26 | | statement is due to his or her (i) serious or catastrophic |
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| 1 | | illness that renders the person temporarily incapable of | 2 | | completing the statement or (ii) military service. | 3 | | Notwithstanding any provision of law or rule to the | 4 | | contrary, the deadlines for filing statements of economic | 5 | | interests under this Section on or after March 17, 2020 shall | 6 | | be suspended until August 1, 2020. | 7 | | (Source: P.A. 101-221, eff. 8-9-19.)
| 8 | | Section 15-24. The Illinois Administrative Procedure Act | 9 | | is amended by adding Section 5-45.1 as follows: | 10 | | (5 ILCS 100/5-45.1 new) | 11 | | Sec. 5-45.1. Emergency rulemaking; Secretary of State | 12 | | emergency powers. To provide for the expeditious and timely | 13 | | implementation of the extension provisions of Section 30 of the | 14 | | Secretary of State Act, emergency rules implementing the | 15 | | extension provisions of Section 30 of the Secretary of State | 16 | | Act may be adopted in accordance with Section 5-45 by the | 17 | | Secretary of State. The adoption of emergency rules authorized | 18 | | by Section 5-45 and this Section is deemed to be necessary for | 19 | | the public interest, safety, and welfare. | 20 | | This Section is repealed on January 1, 2021. | 21 | | Section 15-25. The Secretary of State Act is amended by | 22 | | adding Section 30 as follows: |
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| 1 | | (15 ILCS 305/30 new) | 2 | | Sec. 30. Emergency powers. | 3 | | (a) Upon the Governor of the State of Illinois issuing a | 4 | | statewide disaster proclamation based on a health pandemic or | 5 | | similar emergency, the Secretary may extend for the duration of | 6 | | the proclaimed disaster and for up to a period of 120 days | 7 | | beyond the expiration of the disaster proclamation: | 8 | | (1) the expiration dates of driver's licenses, driving | 9 | | permits, identification cards, disabled parking placards | 10 | | and decals, and vehicle registrations; and | 11 | | (2) the expiration dates of professional licenses, | 12 | | registrations, certifications and commissions issued by | 13 | | the Secretary, including but not limited to, vehicle | 14 | | dealership licenses, commercial driver training school | 15 | | licenses, and securities, broker and investment adviser | 16 | | registrations. | 17 | | After the initial 30-day extension, the Secretary may adopt | 18 | | subsequent 30-day extensions only upon a determination that | 19 | | circumstances necessitate additional extensions. The Secretary | 20 | | must adopt any subsequent 30-day extension prior to the | 21 | | previous lapsing. | 22 | | (b) To provide for the expeditious and timely | 23 | | implementation of this amendatory Act of the 101st General | 24 | | Assembly, any emergency rules to implement the extension | 25 | | provisions of this Section must be adopted by the Secretary of | 26 | | State, subject to the provisions of Section 5-45 of the |
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| 1 | | Illinois Administrative Procedure Act. Any such rule shall: | 2 | | (1) identify the disaster proclamation authorizing the | 3 | | rulemaking; | 4 | | (2) set forth the expirations being extended (for | 5 | | example, "this extension shall apply to all driver's | 6 | | licenses, driving permits, identification cards, disabled | 7 | | parking placards and decals, and vehicle registrations | 8 | | expiring on [date] through [date]"); and | 9 | | (3) set forth the date on which the extension period | 10 | | becomes effective, and the date on which the extension will | 11 | | terminate if not extended by subsequent emergency | 12 | | rulemaking. | 13 | | (c) Where the renewal of any driver's license, driving | 14 | | permit, identification card, disabled parking placard or | 15 | | decal, vehicle registration, or professional license, | 16 | | registration, certification or commission has been extended | 17 | | pursuant to this Section, it shall be renewed during the period | 18 | | of an extension. Any such renewal shall be from the original | 19 | | expiration date and shall be subject to the full fee which | 20 | | would have been due had the renewal been issued based on the | 21 | | original expiration date, except that no late filing fees or | 22 | | penalties shall be imposed. | 23 | | (d) All law enforcement agencies in the State of Illinois | 24 | | and all State and local governmental entities shall recognize | 25 | | the validity of, and give full legal force to, extensions | 26 | | granted pursuant to this Section. |
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| 1 | | (e) Upon the request of any person or entity whose driver's | 2 | | license, driving permit, identification card, disabled parking | 3 | | placard or decal, vehicle registration, or professional | 4 | | license, registration, certification or commission has been | 5 | | subject to an extension under this Section, the Secretary shall | 6 | | issue a statement verifying the extension was issued pursuant | 7 | | to Illinois law, and requesting any foreign jurisdiction to | 8 | | honor the extension. | 9 | | (f) This Section is repealed on June 30, 2021. | 10 | | Section 15-29. The Illinois Administrative Procedure Act | 11 | | is amended by adding Section 5-45.2 as follows: | 12 | | (5 ILCS 100/5-45.2 new) | 13 | | Sec. 5-45.2. Emergency rulemaking; Secretary of State | 14 | | Merit Commission. To provide for the expeditious and timely | 15 | | implementation of subsection (14) of Section 8c of the | 16 | | Secretary of State Merit Employment Code, emergency rules | 17 | | implementing subsection (14) of Section 8c of the Secretary of | 18 | | State Merit Employment Code may be adopted in accordance with | 19 | | Section 5-45 by the Secretary of State. The adoption of | 20 | | emergency rules authorized by Section 5-45 and this Section is | 21 | | deemed to be necessary for the public interest, safety, and | 22 | | welfare. | 23 | | This Section is repealed on January 1, 2021. |
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| 1 | | Section 15-30. The Secretary of State Merit Employment Code | 2 | | is amended by changing Section 8c as follows:
| 3 | | (15 ILCS 310/8c) (from Ch. 124, par. 108c)
| 4 | | Sec. 8c. Duties and powers of the Commission. The Merit | 5 | | Commission, in
addition to any other duties prescribed in this | 6 | | Act, shall have the following
duties and powers:
| 7 | | (1) Upon written recommendations by the Director of | 8 | | Personnel, to exempt
from jurisdiction B of this Act | 9 | | positions which, in the judgment of the
Commission, are by | 10 | | their nature highly confidential or involve principal
| 11 | | administrative responsibility for the determination of | 12 | | policy or principal
administrative responsibility for the | 13 | | way in which policies are carried
out. No position which | 14 | | has the powers of a law enforcement officer, except
| 15 | | executive security officers, may be exempted under this | 16 | | section.
| 17 | | (2) To require such special reports from the Director | 18 | | as it may consider
desirable.
| 19 | | (3) To disapprove original rules or any part thereof | 20 | | and any amendment
thereof within 30 calendar days after the | 21 | | submission of such rules to the
Merit Commission by the | 22 | | Director.
| 23 | | (4) To disapprove within 30 calendar days from date of | 24 | | submission the
position classification plan and any | 25 | | revisions thereof submitted by the
Director as provided in |
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| 1 | | the rules.
| 2 | | (5) To hear appeals of employees who do not accept the | 3 | | allocation of their
positions under the classification | 4 | | plan.
| 5 | | (6) To hear and approve or disapprove written charges | 6 | | filed seeking the
discharge or demotion of employees or | 7 | | suspension totaling more than 30 calendar
days in any 12 | 8 | | month period, as provided in Section 9, appeals as provided
| 9 | | in Section 9a of this Act, and appeals from transfers from | 10 | | one geographical
area in the state to another, and in | 11 | | connection therewith to administer
oaths, subpoena | 12 | | witnesses and compel the production of books and papers.
| 13 | | (7) (Blank).
| 14 | | (8) To make an annual report regarding the work of the | 15 | | Commission to the
Secretary of State, such report to be a | 16 | | public record.
| 17 | | (9) If any violation of this Act is found, the | 18 | | Commission shall direct
compliance in writing.
| 19 | | (10) To appoint such employees, experts and special | 20 | | assistants as may
be necessary to carry out the powers and | 21 | | duties of the commission under
this Act. Employees, experts | 22 | | and special assistants so appointed by the
Commission shall | 23 | | be subject to jurisdictions A, B and C of this Act, except | 24 | | the Chairman of the Commission when serving as the | 25 | | Administrator of the Commission shall not be subject to | 26 | | jurisdictions A, B, and C of this Act.
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| 1 | | (11) To promulgate rules and regulations necessary to
| 2 | | carry out and implement their powers and duties
under this | 3 | | Act, with authority to amend such rules from time to time
| 4 | | pursuant to The Illinois Administrative Procedure Act.
| 5 | | (12) Within one year of the effective date of this | 6 | | amendatory Act of 1985,
the Commission shall adopt rules | 7 | | and regulations which shall include all
Commission | 8 | | policies implementing its duties under Sections 8, 9, 10 | 9 | | and 15 of
this Act. These rules and regulations shall | 10 | | include, but not be limited to,
the standards and criteria | 11 | | used by the Commission and Hearing Officers in
making | 12 | | discretionary determinations during hearing procedures.
| 13 | | (13) To hear or conduct investigations as it deems | 14 | | necessary of appeals
of layoff filed by employees appointed | 15 | | under Jurisdiction B after examination,
provided that such | 16 | | appeals are filed within 15 calendar days following the
| 17 | | effective date of such layoff and are made on the basis | 18 | | that the provisions
of the Secretary of State Merit | 19 | | Employment Code or the rules promulgated
thereunder have | 20 | | been violated or have not been complied with. All hearings
| 21 | | shall be public. A decision shall be rendered within 60 | 22 | | days after receipt
of the transcript of the proceedings. | 23 | | The Commission shall order the
reinstatement of the | 24 | | employee if it is proven that the provisions of the
| 25 | | Secretary of State Merit Employment Code or the rules | 26 | | promulgated thereunder
have been violated or have not been |
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| 1 | | complied with. In connection therewith the
Commission may | 2 | | administer oaths, subpoena witnesses, and compel the | 3 | | production
of books and papers. | 4 | | (14) Upon the Governor of the State of Illinois issuing | 5 | | a disaster declaration based on circumstances that may | 6 | | interfere with an employee's ability to exercise his or her | 7 | | rights under this Code, or that may prevent the Commission | 8 | | from performing its duties in a timely manner, the | 9 | | Commission may, by adoption of an emergency rule under | 10 | | Section 5-45 of the Illinois Administrative Procedure Act, | 11 | | extend for a period of up to 90 days beyond the expiration | 12 | | of the disaster proclamation any time limits set forth in | 13 | | this Code or in the Commission's rules, including but not | 14 | | limited to, the time limits for filing complaints, filing | 15 | | and serving other documents, holding of hearings and | 16 | | rendering of decisions. Upon a determination that | 17 | | circumstances necessitate additional time, the Commission | 18 | | may adopt one additional 90-day extension of time limits. | 19 | | No time limit shall be extended under this subsection | 20 | | beyond June 30, 2021.
| 21 | | (Source: P.A. 97-833, eff. 7-20-12.)
| 22 | | Section 15-32. The Illinois Finance Authority Act is | 23 | | amended by changing Section 801-25 as follows:
| 24 | | (20 ILCS 3501/801-25)
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| 1 | | Sec. 801-25. All official acts of the Authority shall | 2 | | require the approval
of
at least 8 members. All meetings of the | 3 | | Authority and the Advisory Councils
shall be conducted in | 4 | | accordance with the Open Meetings Act. Eight members of the | 5 | | Authority shall constitute a quorum. Except as otherwise | 6 | | authorized in the Open Meetings Act, all All meetings shall
be | 7 | | conducted at a single location within this State with a quorum | 8 | | of members physically present at this location. Other members | 9 | | who are not physically present at this location may participate | 10 | | in the meeting and vote on all matters by means of a video or | 11 | | audio conference. The Auditor General shall conduct financial | 12 | | audits
and program audits of the Authority, in accordance with | 13 | | the Illinois State
Auditing Act.
| 14 | | (Source: P.A. 93-205, eff. 1-1-04; 93-1101, eff. 3-31-05.)
| 15 | | Section 15-35. The Illinois Procurement Code is amended by | 16 | | changing Section 1-13 as follows: | 17 | | (30 ILCS 500/1-13) | 18 | | Sec. 1-13. Applicability to public institutions of higher | 19 | | education. | 20 | | (a) This Code shall apply to public institutions of higher | 21 | | education, regardless of the source of the funds with which | 22 | | contracts are paid, except as provided in this Section. | 23 | | (b) Except as provided in this Section, this Code shall not | 24 | | apply to procurements made by or on behalf of public |
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| 1 | | institutions of higher education for any of the following: | 2 | | (1) Memberships in professional, academic, research, | 3 | | or athletic organizations on behalf of a public institution | 4 | | of higher education, an employee of a public institution of | 5 | | higher education, or a student at a public institution of | 6 | | higher education. | 7 | | (2) Procurement expenditures for events or activities | 8 | | paid for exclusively by revenues generated by the event or | 9 | | activity, gifts or donations for the event or activity, | 10 | | private grants, or any combination thereof. | 11 | | (3) Procurement expenditures for events or activities | 12 | | for which the use of specific potential contractors is | 13 | | mandated or identified by the sponsor of the event or | 14 | | activity, provided that the sponsor is providing a majority | 15 | | of the funding for the event or activity. | 16 | | (4) Procurement expenditures necessary to provide | 17 | | athletic, artistic or musical services, performances, | 18 | | events, or productions by or for a public institution of | 19 | | higher education. | 20 | | (5) Procurement expenditures for periodicals, books, | 21 | | subscriptions, database licenses, and other publications | 22 | | procured for use by a university library or academic | 23 | | department, except for expenditures related to procuring | 24 | | textbooks for student use or materials for resale or | 25 | | rental. | 26 | | (6) Procurement expenditures for placement of students |
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| 1 | | in externships, practicums, field experiences, and for | 2 | | medical residencies and rotations. | 3 | | (7) Contracts for programming and broadcast license | 4 | | rights for university-operated radio and television | 5 | | stations. | 6 | | (8) Procurement expenditures necessary to perform | 7 | | sponsored research and other sponsored activities under | 8 | | grants and contracts funded by the sponsor or by sources | 9 | | other than State appropriations. | 10 | | (9) Contracts with a foreign entity for research or | 11 | | educational activities, provided that the foreign entity | 12 | | either does not maintain an office in the United States or | 13 | | is the sole source of the service or product. | 14 | | Notice of each contract entered into by a public institution of | 15 | | higher education that is related to the procurement of goods | 16 | | and services identified in items (1) through (9) of this | 17 | | subsection shall be published in the Procurement Bulletin | 18 | | within 14 calendar days after contract execution. The Chief | 19 | | Procurement Officer shall prescribe the form and content of the | 20 | | notice. Each public institution of higher education shall | 21 | | provide the Chief Procurement Officer, on a monthly basis, in | 22 | | the form and content prescribed by the Chief Procurement | 23 | | Officer, a report of contracts that are related to the | 24 | | procurement of goods and services identified in this | 25 | | subsection. At a minimum, this report shall include the name of | 26 | | the contractor, a description of the supply or service |
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| 1 | | provided, the total amount of the contract, the term of the | 2 | | contract, and the exception to the Code utilized. A copy of any | 3 | | or all of these contracts shall be made available to the Chief | 4 | | Procurement Officer immediately upon request. The Chief | 5 | | Procurement Officer shall submit a report to the Governor and | 6 | | General Assembly no later than November 1 of each year that | 7 | | shall include, at a minimum, an annual summary of the monthly | 8 | | information reported to the Chief Procurement Officer. | 9 | | (b-5) Except as provided in this subsection, the provisions | 10 | | of this Code shall not apply to contracts for medical supplies, | 11 | | and to contracts for medical services necessary for the | 12 | | delivery of care and treatment at medical, dental, or | 13 | | veterinary teaching facilities utilized by Southern Illinois | 14 | | University or the University of Illinois and at any | 15 | | university-operated health care center or dispensary that | 16 | | provides care, treatment, and medications for students, | 17 | | faculty and staff. Other supplies and services needed for these | 18 | | teaching facilities shall be subject to the jurisdiction of the | 19 | | Chief Procurement Officer for Public Institutions of Higher | 20 | | Education who may establish expedited procurement procedures | 21 | | and may waive or modify certification, contract, hearing, | 22 | | process and registration requirements required by the Code. All | 23 | | procurements made under this subsection shall be documented and | 24 | | may require publication in the Illinois Procurement Bulletin. | 25 | | (b-10) Procurements made by or on behalf of the University | 26 | | of Illinois for investment services scheduled to expire June |
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| 1 | | 2020 may be extended through June 2021 without being subject to | 2 | | the requirements of this Code. Any contract extended, renewed, | 3 | | or entered pursuant to this exception shall be published on the | 4 | | Executive Ethics Commission's website within 5 days of contract | 5 | | execution. This subsection is inoperative on and after July 1, | 6 | | 2021. | 7 | | (c) Procurements made by or on behalf of public | 8 | | institutions of higher education for the fulfillment of a grant | 9 | | shall be made in accordance with the requirements of this Code | 10 | | to the extent practical. | 11 | | Upon the written request of a public institution of higher | 12 | | education, the Chief Procurement Officer may waive contract, | 13 | | registration, certification, and hearing requirements of this | 14 | | Code if, based on the item to be procured or the terms of a | 15 | | grant, compliance is impractical. The public institution of | 16 | | higher education shall provide the Chief Procurement Officer | 17 | | with specific reasons for the waiver, including the necessity | 18 | | of contracting with a particular potential contractor, and | 19 | | shall certify that an effort was made in good faith to comply | 20 | | with the provisions of this Code. The Chief Procurement Officer | 21 | | shall provide written justification for any waivers. By | 22 | | November 1 of each year, the Chief Procurement Officer shall | 23 | | file a report with the General Assembly identifying each | 24 | | contract approved with waivers and providing the justification | 25 | | given for any waivers for each of those contracts. Notice of | 26 | | each waiver made under this subsection shall be published in |
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| 1 | | the Procurement Bulletin within 14 calendar days after contract | 2 | | execution. The Chief Procurement Officer shall prescribe the | 3 | | form and content of the notice. | 4 | | (d) Notwithstanding this Section, a waiver of the | 5 | | registration requirements of Section 20-160 does not permit a | 6 | | business entity and any affiliated entities or affiliated | 7 | | persons to make campaign contributions if otherwise prohibited | 8 | | by Section 50-37. The total amount of contracts awarded in | 9 | | accordance with this Section shall be included in determining | 10 | | the aggregate amount of contracts or pending bids of a business | 11 | | entity and any affiliated entities or affiliated persons. | 12 | | (e) Notwithstanding subsection (e) of Section 50-10.5 of | 13 | | this Code, the Chief Procurement Officer, with the approval of | 14 | | the Executive Ethics Commission, may permit a public | 15 | | institution of higher education to accept a bid or enter into a | 16 | | contract with a business that assisted the public institution | 17 | | of higher education in determining whether there is a need for | 18 | | a contract or assisted in reviewing, drafting, or preparing | 19 | | documents related to a bid or contract, provided that the bid | 20 | | or contract is essential to research administered by the public | 21 | | institution of higher education and it is in the best interest | 22 | | of the public institution of higher education to accept the bid | 23 | | or contract. For purposes of this subsection, "business" | 24 | | includes all individuals with whom a business is affiliated, | 25 | | including, but not limited to, any officer, agent, employee, | 26 | | consultant, independent contractor, director, partner, |
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| 1 | | manager, or shareholder of a business. The Executive Ethics | 2 | | Commission may promulgate rules and regulations for the | 3 | | implementation and administration of the provisions of this | 4 | | subsection (e). | 5 | | (f) As used in this Section: | 6 | | "Grant" means non-appropriated funding provided by a | 7 | | federal or private entity to support a project or program | 8 | | administered by a public institution of higher education and | 9 | | any non-appropriated funding provided to a sub-recipient of the | 10 | | grant. | 11 | | "Public institution of higher education" means Chicago | 12 | | State University, Eastern Illinois University, Governors State | 13 | | University, Illinois State University, Northeastern Illinois | 14 | | University, Northern Illinois University, Southern Illinois | 15 | | University, University of Illinois, Western Illinois | 16 | | University, and, for purposes of this Code only, the Illinois | 17 | | Mathematics and Science Academy. | 18 | | (g) (Blank).
| 19 | | (h) The General Assembly finds and declares that: | 20 | | (1) Public Act 98-1076, which took effect on January 1, | 21 | | 2015, changed the repeal date set for this Section from | 22 | | December 31, 2014 to December 31, 2016. | 23 | | (2) The Statute on Statutes sets forth general rules on | 24 | | the repeal of statutes and the construction of multiple | 25 | | amendments, but Section 1 of that Act also states that | 26 | | these rules will not be observed when the result would be |
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| 1 | | "inconsistent with the manifest intent of the General | 2 | | Assembly or repugnant to the context of the statute". | 3 | | (3) This amendatory Act of the 100th General Assembly | 4 | | manifests the intention of the General Assembly to remove | 5 | | the repeal of this Section. | 6 | | (4) This Section was originally enacted to protect, | 7 | | promote, and preserve the general welfare. Any | 8 | | construction of this Section that results in the repeal of | 9 | | this Section on December 31, 2014 would be inconsistent | 10 | | with the manifest intent of the General Assembly and | 11 | | repugnant to the context of this Code. | 12 | | It is hereby declared to have been the intent of the | 13 | | General Assembly that this Section not be subject to repeal on | 14 | | December 31, 2014. | 15 | | This Section shall be deemed to have been in continuous | 16 | | effect since December 20, 2011 (the effective date of Public | 17 | | Act 97-643), and it shall continue to be in effect henceforward | 18 | | until it is otherwise lawfully repealed. All previously enacted | 19 | | amendments to this Section taking effect on or after December | 20 | | 31, 2014, are hereby validated. | 21 | | All actions taken in reliance on or pursuant to this | 22 | | Section by any public institution of higher education, person, | 23 | | or entity are hereby validated. | 24 | | In order to ensure the continuing effectiveness of this | 25 | | Section, it is set forth in full and re-enacted by this | 26 | | amendatory Act of the 100th General Assembly. This re-enactment |
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| 1 | | is intended as a continuation of this Section. It is not | 2 | | intended to supersede any amendment to this Section that is | 3 | | enacted by the 100th General Assembly. | 4 | | In this amendatory Act of the 100th General Assembly, the | 5 | | base text of the reenacted Section is set forth as amended by | 6 | | Public Act 98-1076. Striking and underscoring is used only to | 7 | | show changes being made to the base text. | 8 | | This Section applies to all procurements made on or before | 9 | | the effective date of this amendatory Act of the 100th General | 10 | | Assembly. | 11 | | (Source: P.A. 100-43, eff. 8-9-17.) | 12 | | Section 15-40. The Forest Preserve Zoological Parks Act is | 13 | | amended by changing Section 1 as follows: | 14 | | (70 ILCS 835/1) (from Ch. 96 1/2, par. 6801)
| 15 | | Sec. 1. The corporate authorities of forest preserve | 16 | | districts,
containing a population of 140,000 or more located | 17 | | in counties
of less than 3,000,000 inhabitants, having the | 18 | | control or
supervision of any forest preserves, may erect and | 19 | | maintain within such
forest preserves, under the control or | 20 | | supervision of such corporate
authorities, edifices to be used | 21 | | for the collection and display of
animals as customary in | 22 | | zoological parks, and may collect and display
such animals, or | 23 | | permit the directors or trustees of any zoological
society | 24 | | devoted to the purposes aforesaid to erect and maintain a
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| 1 | | zoological park and to collect and display zoological | 2 | | collections within
any forest preserve now or hereafter under | 3 | | the control or supervision of
such forest preserve district, | 4 | | out of funds belonging to such zoological
society, or to | 5 | | contract with the directors or trustees of any zoological
| 6 | | society on such terms and conditions as may to such corporate
| 7 | | authorities seem best, relative to the erection, operation and
| 8 | | maintenance of a zoological park and the collection and display | 9 | | of such
animals within such forest preserve, out of the tax | 10 | | hereinafter in this
Act provided.
| 11 | | This Act applies to any forest preserve district that | 12 | | maintains a
zoological park that was established under this Act | 13 | | prior to 1964, regardless
of whether the population | 14 | | requirements continue to be met.
| 15 | | A forest preserve district, containing a population of | 16 | | 140,000 or more, or the directors or trustees
of such | 17 | | zoological society when so authorized by the forest
preserve | 18 | | district, may (a) police the property of the zoological
park, | 19 | | (b) employ, establish, maintain and equip a security force
for | 20 | | fire and police protection of the zoological park and (c)
| 21 | | provide that the personnel of the security force shall perform
| 22 | | other tasks relating to the maintenance and operation of the
| 23 | | zoological park. Members of the security force shall be
| 24 | | conservators of the peace with all the powers of policemen
in | 25 | | cities and of sheriffs, other than to serve or execute
civil | 26 | | processes, but such powers may be exercised only within
the |
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| 1 | | area comprising the zoological park when required to protect
| 2 | | the zoological park's property and interests, its personnel and
| 3 | | persons using the facilities or at the specific request of
| 4 | | appropriate federal, State or local law enforcement officials.
| 5 | | All otherwise lawful actions taken on or after August 13, 1978 | 6 | | (the effective date of Public Act 80-1364) and before the | 7 | | effective date of this amendatory Act of the 98th General | 8 | | Assembly by a forest preserve district or a zoological society | 9 | | located in a county of 3,000,000 or more in exercising the | 10 | | powers provided in this paragraph are hereby validated, | 11 | | notwithstanding Public Act 80-1364, which was a | 12 | | non-substantive combining revisory Act.
| 13 | | A forest preserve district, containing a population of | 14 | | 140,000 or more located in counties
of less than 3,000,000 | 15 | | inhabitants, may charge, or permit such
zoological society to | 16 | | charge, an admission fee. The proceeds of such
admission fee | 17 | | shall be devoted exclusively to the operation and
maintenance | 18 | | of such zoological park and the collections therein. Except as | 19 | | otherwise provided in this Section, all All
such zoological | 20 | | parks shall be open to the public without charge
(i) a total | 21 | | number of days, to be scheduled at any time during the calendar
| 22 | | year,
equivalent to at least one day for each 7 days the | 23 | | zoological park is open
during the
calendar year and (ii) to | 24 | | the children in actual attendance
upon
any of the schools in | 25 | | the State at all times. The managing authority of the
| 26 | | zoological park may limit the number of
school groups
that may |
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| 1 | | attend the zoo on any given day and may establish other rules | 2 | | and
regulations
that reasonably ensure public safety, | 3 | | accessibility, and convenience, including
without
limitation | 4 | | standards of conduct and supervision. Charges may be
made at | 5 | | any time for special services and for admission to special
| 6 | | facilities within any zoological park for the education, | 7 | | entertainment
or convenience of visitors.
| 8 | | (Source: P.A. 98-500, eff. 8-16-13.)
| 9 | | Section 15-45. The Park District Aquarium and Museum Act is | 10 | | amended by changing Section 1 as follows:
| 11 | | (70 ILCS 1290/1) (from Ch. 105, par. 326)
| 12 | | Sec. 1. Erect, operate, and maintain aquariums and museums. | 13 | | The corporate authorities of cities and park districts having
| 14 | | control or supervision over any public park or parks, including | 15 | | parks located on formerly submerged land, are hereby authorized
| 16 | | to purchase, erect, and maintain within any such public park or | 17 | | parks edifices to be used
as aquariums or as museums of art, | 18 | | industry, science, or natural or other
history, including | 19 | | presidential libraries, centers, and museums, such aquariums | 20 | | and museums consisting of all facilities for their collections, | 21 | | exhibitions, programming, and associated initiatives, or to | 22 | | permit the directors or trustees of any corporation or
society | 23 | | organized for the construction or maintenance and operation of | 24 | | an
aquarium or museum as hereinabove described to erect, |
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| 1 | | enlarge, ornament,
build, rebuild, rehabilitate, improve, | 2 | | maintain, and operate its aquarium or
museum within any public | 3 | | park now or hereafter under the control
or supervision of any | 4 | | city or park district, and to contract with any such
directors | 5 | | or trustees of any such aquarium or museum relative to
the | 6 | | erection, enlargement, ornamentation, building, rebuilding,
| 7 | | rehabilitation, improvement, maintenance, ownership, and | 8 | | operation of such aquarium or museum. Notwithstanding the | 9 | | previous sentence, a city or park district may enter into a | 10 | | lease for an initial term not to exceed 99 years, subject to | 11 | | renewal, allowing a corporation or society as hereinabove | 12 | | described to erect,
enlarge, ornament, build, rebuild, | 13 | | rehabilitate, improve, maintain, and operate its aquarium or | 14 | | museum, together with grounds immediately adjacent to such | 15 | | aquarium or museum, and to use, possess, and occupy grounds | 16 | | surrounding such aquarium or museum as hereinabove described | 17 | | for the purpose of beautifying and maintaining such grounds in | 18 | | a manner consistent with the aquarium or museum's purpose, and | 19 | | on the conditions that (1) the public is allowed access to such | 20 | | grounds in a manner consistent with its access to other public | 21 | | parks, and (2) the city or park district retains a reversionary | 22 | | interest in any improvements made by the corporation or society | 23 | | on the grounds, including the aquarium or museum itself, that | 24 | | matures upon the expiration or lawful termination of the lease. | 25 | | It is hereby reaffirmed and found that the aquariums and | 26 | | museums as described in this Section, and their collections, |
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| 1 | | exhibitions, programming, and associated initiatives, serve | 2 | | valuable public purposes, including, but not limited to, | 3 | | furthering human knowledge and understanding, educating and | 4 | | inspiring the public, and expanding recreational and cultural | 5 | | resources and opportunities. Any city or
park district may | 6 | | charge, or permit such an aquarium or museum to charge,
an | 7 | | admission fee. Any such aquarium or museum,
however, shall be | 8 | | open without charge, when
accompanied by a teacher, to the | 9 | | children in actual attendance upon grades
kindergarten through | 10 | | twelve in any of the schools in this State at all
times. In | 11 | | addition, except as otherwise provided in this Section, any | 12 | | such aquarium or museum must be open to persons who reside in | 13 | | this State without
charge
for a period equivalent to 52 days, | 14 | | at least 6 of which must be during the
period from June through | 15 | | August, each year.
Beginning on the effective date of this | 16 | | amendatory Act of the 101st General Assembly through June 30, | 17 | | 2022, any such zoological park must be open to the public | 18 | | without charge: (i) a total number of days, to be scheduled at | 19 | | any time during the calendar year, equivalent to at least one | 20 | | day for each 14 days the zoological park is open during the | 21 | | calendar year; and (ii) to the children in actual attendance | 22 | | upon any of the schools in the State at all times. | 23 | | Notwithstanding said provisions, charges may be made at any
| 24 | | time for
special services and for admission to special | 25 | | facilities within any
aquarium or museum for the education, | 26 | | entertainment, or convenience of
visitors. The proceeds of such |
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| 1 | | admission fees and charges for special
services and special | 2 | | facilities shall be devoted exclusively to the
purposes for | 3 | | which the tax authorized by Section 2 hereof may be used. If
| 4 | | any owner or owners of any lands or lots abutting or fronting | 5 | | on any such
public park, or adjacent thereto, have any private | 6 | | right, easement,
interest or property in such public park | 7 | | appurtenant to their lands or lots
or otherwise, which would be | 8 | | interfered with by the erection and
maintenance of any aquarium | 9 | | or museum as hereinbefore provided, or any
right to have such | 10 | | public park remain open or vacant and free from
buildings, the | 11 | | corporate authorities of the city or park district having
| 12 | | control of such park, may condemn the same in the manner | 13 | | prescribed for the
exercise
of the right of eminent domain | 14 | | under the Eminent Domain Act. The changes made to this Section | 15 | | by this amendatory Act of the 99th General Assembly are | 16 | | declaratory of existing law and shall not be construed as a new | 17 | | enactment.
| 18 | | (Source: P.A. 99-3, eff. 1-1-16 .)
| 19 | | Section 15-50. The Illinois Vehicle Code is amended by | 20 | | adding Section 2-129 as follows: | 21 | | (625 ILCS 5/2-129 new) | 22 | | Sec. 2-129. Expiration dates. All expiration periods set | 23 | | forth in this Code shall be subject to the provisions of | 24 | | Section 30 of the Secretary of State Act. |
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| 1 | | ARTICLE 20. MUNICIPAL BUDGET | 2 | | Section 20-5. The Illinois Municipal Code is amended by | 3 | | changing 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 | 6 | | inhabitants, except as otherwise provided in this Section, the
| 7 | | corporate authorities shall pass an ordinance within the first | 8 | | quarter
of each fiscal year, to be termed the annual | 9 | | appropriation ordinance. On and after January 1, 2020, if a | 10 | | disaster, state of emergency, or national emergency is declared | 11 | | within the 60 days preceding the end of the first quarter of a | 12 | | municipality's fiscal year and the disaster, emergency, or | 13 | | declaration impacts the municipality, the time limit to pass | 14 | | the annual appropriation ordinance shall be extended for the | 15 | | duration of the disaster or emergency and for 60 days | 16 | | thereafter. During the extended period, the municipality may | 17 | | expend sums of money up to amounts budgeted or appropriated for | 18 | | those objects and purposes in the previous fiscal year to | 19 | | defray all necessary expenses and liabilities of the | 20 | | municipality. In
this ordinance, the corporate authorities (i) | 21 | | may appropriate sums
of money deemed necessary to defray all | 22 | | necessary expenses and
liabilities of the municipalities, | 23 | | including the amounts to be deposited
in the reserves provided |
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| 1 | | for in the Illinois Pension Code and (ii) shall
specify the | 2 | | objects and purposes for which these appropriations are made
| 3 | | and the amount appropriated for each object or purpose. Among | 4 | | the objects
and purposes specified shall be the reserves | 5 | | provided for in the Illinois
Pension Code. Except as otherwise | 6 | | provided, no further
appropriations shall be made at any other | 7 | | time within the same fiscal
year, unless a proposition to make | 8 | | each additional appropriation has
been first sanctioned by a | 9 | | petition signed by electors of the
municipality numbering more | 10 | | than 50% of the number of votes cast for the
candidates for | 11 | | mayor or president at the last preceding general
municipal | 12 | | election at which a mayor or president was elected, by a
| 13 | | petition signed by them, or by a majority of those voting on | 14 | | the
question at a regular election or at an emergency | 15 | | referendum authorized in
accordance with the general election | 16 | | law. The corporate authorities may by
ordinance initiate the | 17 | | submission of the proposition. During any fiscal
year, the | 18 | | corporate authorities in municipalities subject to this | 19 | | Section
may adopt a supplemental appropriation ordinance in an | 20 | | amount not in excess
of the aggregate of any additional revenue | 21 | | available to the
municipality, or estimated to be received by | 22 | | the municipality after
the adoption of the annual appropriation | 23 | | ordinance for that fiscal
year, or from fund balances available | 24 | | when the annual appropriation
ordinance was adopted but that | 25 | | were not appropriated at that time.
The provisions of this | 26 | | Section prohibiting further appropriations without
sanction by |
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| 1 | | petition or election shall not be applicable to the
| 2 | | supplemental appropriation for that fiscal year. The corporate | 3 | | authorities
at any time, however, by a two-thirds vote of all | 4 | | the members of the body,
may make transfers within any | 5 | | department or other separate agency of the
municipal government | 6 | | of sums of money appropriated for one corporate object
or | 7 | | purpose to another corporate object or purpose, but no | 8 | | appropriation for
any object or purpose shall thereby be | 9 | | reduced below an amount sufficient
to cover all obligations | 10 | | incurred or to be incurred against the
appropriation. Nothing | 11 | | in this Section shall deprive the corporate
authorities of the | 12 | | power to provide for and cause to be paid from the funds
of the | 13 | | municipality any charge imposed by law without the action of | 14 | | the
corporate authorities, the payment of which is ordered by a | 15 | | court of
competent jurisdiction.
| 16 | | At least 10 days before the adoption of the annual | 17 | | appropriation
ordinance, the corporate authorities of | 18 | | municipalities over 2,000 in
population shall make the proposed | 19 | | appropriation ordinance or a formally
prepared appropriation | 20 | | or budget document upon which the annual
appropriation | 21 | | ordinance will be based conveniently available to public
| 22 | | inspection. In addition, the corporate authorities shall hold | 23 | | at least one
public hearing on that proposed appropriation | 24 | | ordinance. Notice of this
hearing shall be given publication in | 25 | | one or more newspapers published in
the municipality or, if | 26 | | there is none published in the municipality, in a
newspaper |
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| 1 | | published in the county and having general circulation in the
| 2 | | municipality at least 10 days before the time of the public | 3 | | hearing. The
notice shall state the time and place of the | 4 | | hearing and the place where
copies of the proposed | 5 | | appropriation ordinance or formally prepared
appropriation or | 6 | | budget document will be accessible for examination. The
annual | 7 | | appropriation ordinance may be adopted at the same meeting at | 8 | | which
the public hearing is held or at any time after that | 9 | | public hearing.
| 10 | | After the public hearing and before final action is taken | 11 | | on the
appropriation ordinance, the corporate authorities may | 12 | | revise, alter,
increase, or decrease the items contained in the | 13 | | ordinance.
| 14 | | Notwithstanding any above provision of this Section, any
| 15 | | municipality in which Article 5 becomes effective after the | 16 | | annual
appropriation ordinance has been passed for the current | 17 | | fiscal year may
amend the appropriation ordinance in any manner | 18 | | necessary to make
Article 5 fully operative in that | 19 | | municipality for that fiscal year. No
amendment shall be | 20 | | construed, however, to affect any tax levy
made on the basis of | 21 | | the original appropriation ordinance.
| 22 | | This Section does not apply to municipalities operating | 23 | | under
special charters.
| 24 | | (Source: P.A. 86-1470; 87-365.)
| 25 | | (65 ILCS 5/8-2-9.4) (from Ch. 24, par. 8-2-9.4)
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| 1 | | Sec. 8-2-9.4.
Passage of the annual budget by the corporate | 2 | | authorities
shall be in lieu of passage of the appropriation | 3 | | ordinance as required by
Section 8-2-9 of this Act. The annual | 4 | | budget need not be published except
in a manner provided for in | 5 | | Section 8-2-9.9. Except as otherwise provided in this Section, | 6 | | the The annual budget shall be
adopted by the corporate | 7 | | authorities before the beginning of the fiscal
year to which it | 8 | | applies. On and after January 1, 2020, if a disaster, state of | 9 | | emergency, or national emergency is declared within 60 days of | 10 | | the end of a municipality's fiscal year and the disaster, | 11 | | emergency, or declaration impacts the municipality, the time | 12 | | limit to pass the annual budget shall be extended for the | 13 | | duration of the disaster or emergency and for 60 days | 14 | | thereafter. During the extended period, the municipality may | 15 | | expend sums of money up to amounts budgeted or appropriated for | 16 | | those objects and purposes in the previous fiscal year to | 17 | | defray all necessary expenses and liabilities of the | 18 | | municipality.
| 19 | | (Source: P.A. 76-1117.)
| 20 | | ARTICLE 25. BUSINESS INTERRUPTION INSURANCE | 21 | | Section 25-5. The Department of Insurance Law of the
Civil | 22 | | Administrative Code of Illinois is amended by adding Section | 23 | | 1405-32 as follows: |
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| 1 | | (20 ILCS 1405/1405-32 new) | 2 | | Sec. 1405-32. Task force on business interruption | 3 | | insurance policies. The Department of Insurance shall appoint a | 4 | | task force on business interruption insurance policies | 5 | | consisting of no more than 10 members representing the | 6 | | Department of Insurance and the insurance industry. The Task | 7 | | Force shall include a representative from a national trade | 8 | | association, based in the State of Illinois, that represents | 9 | | insurers who provide a significant segment of market share of | 10 | | the commercial insurance provided in the State of Illinois. The | 11 | | Task Force shall study the impacts of the COVID-19 pandemic on | 12 | | businesses and the need for changes to business interruption | 13 | | insurance policies based on those impacts, including | 14 | | recommendations for legislation. | 15 | | Task Force members shall serve without compensation but may | 16 | | be reimbursed for their expenses incurred in performing their | 17 | | duties. | 18 | | The Department of Insurance shall provide administrative | 19 | | and other support to the Task Force. | 20 | | The Task Force shall submit the report of its findings and | 21 | | recommendations to the Governor and the General Assembly by | 22 | | December 31, 2020. The Task Force is dissolved, and this | 23 | | Section is repealed, on December 31, 2021. | 24 | | ARTICLE 30. REMOTE LEGISLATING |
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| 1 | | Section 30-5. The General Assembly Organization Act is | 2 | | amended by changing Section 1 as follows:
| 3 | | (25 ILCS 5/1) (from Ch. 63, par. 1)
| 4 | | Sec. 1.
(a) The That the sessions of the General Assembly | 5 | | shall
be held at the seat of government: Provided, that the | 6 | | Governor may convene
the General Assembly at some other place | 7 | | when it is necessary, in case of
pestilence or public danger. | 8 | | (b) In times of pestilence or an emergency resulting from | 9 | | the effects of enemy attack or threatened enemy attack, members | 10 | | may participate remotely and cast votes in sessions, by joint | 11 | | proclamation of the Speaker of the House of Representatives and | 12 | | the President of the Senate, and committees of either the House | 13 | | of Representatives or Senate may participate remotely pursuant | 14 | | to the rules of the chamber. The House of Representatives and | 15 | | the Senate shall adopt rules for remote participation. The | 16 | | rules of the chamber may require that a quorum of the members | 17 | | is physically present at the location of the session or the | 18 | | committee meeting. As used in this Section, "participate | 19 | | remotely" means simultaneous, interactive participation in | 20 | | session or committee meeting by members not physically present, | 21 | | through means of communication technologies designed to | 22 | | accommodate and facilitate such simultaneous, interactive | 23 | | participation and where members of the public may view such | 24 | | meetings or sessions. This subsection (b) is inoperative on and | 25 | | after June 1, 2022.
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| 1 | | (Source: R.S. 1874, p. 555.)
| 2 | | Section 30-10. The Legislative Commission Reorganization | 3 | | Act of 1984 is amended by changing Section 1-5 as follows: | 4 | | (25 ILCS 130/1-5) (from Ch. 63, par. 1001-5) | 5 | | Sec. 1-5. Composition of agencies; directors.
| 6 | | (a)
The Boards of the Joint Committee on Administrative | 7 | | Rules, the Commission on Government Forecasting and | 8 | | Accountability, and the Legislative Audit Commission Committee | 9 | | shall each
consist of 12 members of the General Assembly, of | 10 | | whom 3 shall be appointed by
the President of the Senate, 3 | 11 | | shall be appointed by the Minority Leader of the
Senate, 3 | 12 | | shall be appointed by the Speaker of the House of | 13 | | Representatives,
and 3 shall be appointed by the Minority | 14 | | Leader of the House of
Representatives. All appointments shall | 15 | | be in writing and filed with the
Secretary of State as a public | 16 | | record.
| 17 | | Members shall serve a 2-year term, and must be appointed by
| 18 | | the Joint
Committee during the month of January in each | 19 | | odd-numbered year for terms
beginning February 1. Any vacancy | 20 | | in an Agency shall be filled by appointment
for the balance of | 21 | | the term in the same manner as the original appointment. A
| 22 | | vacancy shall exist when a member no longer holds the elected | 23 | | legislative
office held at the time of the appointment or at | 24 | | the termination of the
member's legislative service.
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| 1 | | During the month of February of each odd-numbered year, the | 2 | | Joint Committee on Legislative Support Services shall select | 3 | | from the members of the Board of each Agency 2 co-chairpersons | 4 | | and such other officers as the Joint Committee deems necessary. | 5 | | The co-chairpersons of each Board shall serve for a 2-year | 6 | | term, beginning February 1 of the odd-numbered year, and the 2 | 7 | | co-chairpersons shall not be members of or identified with the | 8 | | same house or the same political party. | 9 | | Each Board shall meet twice annually or more often upon the | 10 | | call of the chair or any 9 members. A quorum of the Board shall | 11 | | consist of a majority of the appointed members. | 12 | | Notwithstanding any other provision of law, in times of | 13 | | pestilence or an emergency resulting from the effects of enemy | 14 | | attack or threatened enemy attack, by agreement of the | 15 | | co-chairs of the respective Board, members of a Board under | 16 | | this subsection may participate remotely and cast votes in a | 17 | | hearing. Each Board shall adopt rules for remote participation. | 18 | | As used in this Section, "participate remotely" means | 19 | | simultaneous, interactive participation in Board meetings by | 20 | | members not physically present, through means of communication | 21 | | technologies designed to accommodate and facilitate such | 22 | | simultaneous, interactive participation and where members of | 23 | | the public may view such meetings. | 24 | | (b) The Board of each of the following legislative support | 25 | | agencies shall consist of the Secretary and Assistant Secretary | 26 | | of the Senate and the Clerk and Assistant Clerk of the House of |
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| 1 | | Representatives: the Legislative Information System, the | 2 | | Legislative Printing Unit, the Legislative Reference Bureau, | 3 | | and the Office of the Architect of the Capitol. The | 4 | | co-chairpersons of the Board of the Office of the Architect of | 5 | | the Capitol shall be the Secretary of the Senate and the Clerk | 6 | | of the House of Representatives, each ex officio.
| 7 | | The Chairperson of each of the other Boards shall be the | 8 | | member who is affiliated with the same caucus as the then | 9 | | serving Chairperson of the Joint Committee on Legislative | 10 | | Support Services. Each Board shall meet twice annually or more | 11 | | often upon the call of the chair or any 3 members. A quorum of | 12 | | the Board shall consist of a majority of the appointed members. | 13 | | When the Board of the Office of the Architect of the | 14 | | Capitol has cast a tied vote concerning the design, | 15 | | implementation, or construction of a project within the | 16 | | legislative complex, as defined in Section 8A-15, the Architect | 17 | | of the Capitol may cast the tie-breaking vote. | 18 | | (c) (Blank).
| 19 | | (d) Members of each Agency shall serve without | 20 | | compensation, but shall be
reimbursed for expenses incurred in | 21 | | carrying out the duties of the Agency
pursuant to rules and | 22 | | regulations adopted by the Joint Committee on
Legislative | 23 | | Support Services.
| 24 | | (e) Beginning February 1, 1985, and every 2 years | 25 | | thereafter,
the Joint
Committee shall select an Executive | 26 | | Director who shall be the chief
executive officer and staff |
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| 1 | | director of each Agency. The Executive Director
shall receive a | 2 | | salary as fixed by the Joint Committee and shall be authorized
| 3 | | to employ and fix the compensation of necessary professional, | 4 | | technical
and secretarial staff and prescribe their duties, | 5 | | sign contracts, and issue
vouchers for the payment of | 6 | | obligations pursuant to rules and regulations
adopted by the | 7 | | Joint Committee on Legislative Support Services. The
Executive | 8 | | Director and other employees of the Agency shall not be subject
| 9 | | to the Personnel Code.
| 10 | | The executive director of the Office of the Architect of | 11 | | the Capitol shall
be known as the Architect of the Capitol.
| 12 | | (Source: P.A. 100-1148, eff. 12-10-18.) | 13 | | ARTICLE 99. MISCELLANEOUS PROVISIONS
| 14 | | Section 99-99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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