Illinois General Assembly - Full Text of SB2135
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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,
3by replacing everything after the enacting clause with the
4following:
 
5
"ARTICLE 1. GOVERNMENT EMERGENCY ADMINISTRATION

 
6    Section 1-1. Short title. This Act may be cited as the
7Government Emergency Administration Act.
 
8    Section 1-5. Findings and purpose.
9    (a) The General Assembly finds that the statewide public
10health emergency caused by the outbreak of COVID-19 presents an
11unprecedented danger to the People of the State of Illinois,
12requiring the use of extraordinary precautions to reduce the
13risk of infection, causing delays in critical functions, and
14fundamentally altering the ways in which government must
15operate 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
2the tools that it needs to continue to serve the People of the
3State of Illinois and to better respond to the statewide public
4health emergency caused by the outbreak of COVID-19.
 
5
ARTICLE 5. RESTORE ILLINOIS

 
6    Section 5-5. The Department of Commerce and Economic
7Opportunity Law of the Civil Administrative Code of Illinois is
8amended 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
12State is confronted with a public health crisis that has
13created unprecedented challenges for the State's diverse
14economic base. In light of this crisis, and the heightened need
15for collaboration between the legislative and executive
16branches, the General Assembly hereby establishes the Restore
17Illinois Collaborative Commission. The members of the
18Commission will participate in and provide input on plans to
19revive the various sectors of the State's economy in the wake
20of the COVID-19 pandemic.
21    (b) The Department may request meetings be convened to
22address revitalization efforts for the various sectors of the
23State's economy. Such meetings may include public

 

 

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1participation as determined by the Commission.
2    (c) The Department shall provide a written report to the
3commission and the General Assembly not less than every 30 days
4regarding the status of current and proposed revitalization
5efforts. The written report shall include applicable metrics
6that demonstrate progress on recovery efforts, as well as any
7additional information as requested by the Commission. The
8first report shall be delivered by July 1, 2020. The report to
9the General Assembly shall be delivered to all members, in
10addition to complying with the requirements of Section 3.1 of
11the General Assembly Organization Act.
12    (d) The Restore Illinois Collaborative Commission shall
13consist 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
24Senate President shall each appoint one member of the
25Commission to serve as a Co-Chair. The Co-Chairs may convene
26meetings of the Commission. The members of the Commission shall

 

 

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1serve 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
5by 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
9broadband service to unserved rural and urban areas of this
10State and to achieve universal broadband service and Internet
11access for the residents of this State, the Broadband Advisory
12Council shall study the goal of providing free access to all
13residents of this State to broadband service through the
14expansion of the state broadband competitive matching grant
15program. The Broadband Advisory Council shall also study the
16alternative goal of providing affordable access to 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
23poverty and in the areas of the State without the

 

 

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1infrastructure necessary to meet the requirements for
2high-speed access to the Internet. To the extent possible, the
3study shall consider the incorporation and expansion of the
4initiatives established in the Connect Illinois Broadband
5Strategic Plan. The Council's study shall identify existing and
6new streams of State, federal and private-public partnership
7revenue to underwrite the creation of necessary infrastructure
8and purchase unlimited broadband Internet access to be
9provided, without charge, to some or all residents of the
10State. The Council's study shall include a recommended schedule
11for implementation of free universal broadband to the extent
12determined 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
18Sections 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
21shall be held at specified times and places which are
22convenient and open to the public. No meeting required by this
23Act to be public shall be held on a legal holiday unless the

 

 

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

 

 

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1statewide jurisdiction, (ii) an Illinois library system with
2jurisdiction over a specific geographic area of more than 4,500
3square miles, (iii) a municipal transit district with
4jurisdiction over a specific geographic area of more than 4,500
5square miles, or (iv) a local workforce innovation area with
6jurisdiction over a specific geographic area of more than 4,500
7square miles must be physically present at the location of a
8closed meeting. Other members who are not physically present at
9a closed meeting of such a public body may participate in the
10meeting by means of a video or audio conference. For the
11purposes of this Section, "local workforce innovation area"
12means any local workforce innovation area or areas designated
13by the Governor pursuant to the federal Workforce Innovation
14and 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
19physically present as required by Section 2.01, a majority of
20the public body may allow a member of that body to attend the
21meeting by other means if the member is prevented from
22physically attending because of: (i) personal illness or
23disability; (ii) employment purposes or the business of the
24public body; or (iii) a family or other emergency. "Other
25means" is by video or audio conference.

 

 

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

 

 

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1municipal transit districts with jurisdiction over a specific
2geographic area of more than 4,500 square miles, and local
3workforce investment areas with jurisdiction over a specific
4geographic area of more than 4,500 square miles, however, may
5permit members to attend meetings by other means only in
6accordance with and to the extent allowed by specific
7procedural rules adopted by the body. For the purposes of this
8Section, "local workforce innovation area" means any local
9workforce innovation area or areas designated by the Governor
10pursuant to the federal Workforce Innovation and Opportunity
11Act or its reauthorizing legislation.
12    (e) Subject to the requirements of Section 2.06 but
13notwithstanding any other provision of law, an open or closed
14meeting subject to this Act may be conducted by audio or video
15conference, without the physical presence of a quorum of the
16members, 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
4adding Section 3.4 as follows:
 
5    (5 ILCS 140/3.4 new)
6    Sec. 3.4. 2020 exception. Notwithstanding any provision of
7law or rule to the contrary, no public body shall be considered
8in violation of this Act for failing to respond within the time
9prescribed by this Act to any request due on or after March 9,
102020 and within 15 days after the effective date of this
11amendatory Act of the 101st General Assembly, provided the
12public body provides a response by the later of 30 days after
13the effective date of this amendatory Act or the time
14prescribed 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
17amended 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
21approval to the notary and witness guidelines provided in State
22of Illinois Executive Order 2020-14.

 

 

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1    (b) Notwithstanding any provision of law, rule, or
2regulation, effective March 26, 2020 and ending 30 days after
3expiration of the Governor's emergency declaration regarding
4COVID-19, a notarial act or an act of witnessing, including
5when a person must "appear before", act "in the presence of",
6or any variation thereof, may be performed through means of
7two-way audio-video communication technology that allows for
8direct contemporaneous interaction by sight and sound between
9the individual signing the document, the witness and the notary
10public.
11    (c) A notarial act satisfies the "appearing before"
12requirement under Section 6-102 of the Illinois Notary Public
13Act if the notary public performs a remote notarization via
14two-way audio-video communication technology, provided that
15the Notary Public commissioned in Illinois is physically within
16the State while performing the notarial act and the transaction
17follows any guidance or rules provided by the Illinois
18Secretary of State in existence on the date of notarization.
19    (d) An act of witnessing and the technology used in the
20audio-video communication must substantially comply with the
21following process: (1) the two-way audio-video communication
22must be recorded and preserved by the signatory or the
23signatory's designee for a period of at least 3 years; (2) the
24signatory must attest to being physically located in Illinois
25during the two-way audio-video communication; (3) the witness
26must attest to being physically located in Illinois during the

 

 

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

 

 

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1document against signing in counterparts, all legal documents,
2including, but not limited to, deeds, last wills and
3testaments, trusts, durable powers of attorney for property,
4and powers of attorney for health care, may be signed in
5counterparts by the witnesses and the signatory. A notary
6public must be presented with a fax or electronic copy of the
7document signature pages showing the witness signatures on the
8same date the document is signed by the signatory if the notary
9public is being asked to certify to the appearance of the
10witnesses to a document.
11    (f) Any technology issues that may occur do not impact the
12validity or effect of any instrument or document signed under
13this Section. As used in this Section, "technology issues"
14include, but are not limited to, problems with the internet
15connection, user error related to the use of technology, the
16file containing a recorded act becoming corrupted, or other
17temporary malfunctions involving the technology used in an act
18of witnessing or a notarial act.
 
19    Section 15-20. The Illinois Governmental Ethics Act is
20amended 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
23Section 4A-106.1, by May 1 of each year a statement must be
24filed by each person whose position at that time subjects him

 

 

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1to the filing requirements of Section 4A-101 or 4A-101.5 unless
2he has already filed a statement in relation to the same unit
3of 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
26economic interests fails to file such statement by May 1 of any

 

 

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1year, the officer with whom such statement is to be filed under
2Section 4A-106 or 4A-106.5 of this Act shall, within 7 days
3after May 1, notify such person by certified mail of his or her
4failure to file by the specified date. Except as may be
5prescribed by rule of the Secretary of State, such person shall
6file his or her statement of economic interests on or before
7May 15 with the appropriate officer, together with a $15 late
8filing fee. Any such person who fails to file by May 15 shall
9be subject to a penalty of $100 for each day from May 16 to the
10date of filing, which shall be in addition to the $15 late
11filing fee specified above. Failure to file by May 31 shall
12result in a forfeiture in accordance with Section 4A-107 of
13this Act.
14    Any person who takes office or otherwise becomes required
15to file a statement of economic interests within 30 days prior
16to May 1 of any year may file his or her statement at any time
17on or before May 31 without penalty. If such person fails to
18file such statement by May 31, the officer with whom such
19statement is to be filed under Section 4A-106 or 4A-106.5 of
20this Act shall, within 7 days after May 31, notify such person
21by certified mail of his or her failure to file by the
22specified date. Such person shall file his or her statement of
23economic interests on or before June 15 with the appropriate
24officer, together with a $15 late filing fee. Any such person
25who 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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1which shall be in addition to the $15 late filing fee specified
2above. Failure to file by June 30 shall result in a forfeiture
3in accordance with Section 4A-107 of this Act.
4    All late filing fees and penalties collected pursuant to
5this Section shall be paid into the General Revenue Fund in the
6State treasury, if the Secretary of State receives such
7statement for filing, or into the general fund in the county
8treasury, if the county clerk receives such statement for
9filing. The Attorney General, with respect to the State, and
10the several State's Attorneys, with respect to counties, shall
11take appropriate action to collect the prescribed penalties.
12    Failure to file a statement of economic interests within
13the time prescribed shall not result in a fine or ineligibility
14for, or forfeiture of, office or position of employment, as the
15case may be; provided that the failure to file results from not
16being included for notification by the appropriate agency,
17clerk, secretary, officer or unit of government, as the case
18may be, and that a statement is filed within 30 days of actual
19notice of the failure to file.
20    Beginning with statements required to be filed on or after
21May 1, 2009, the officer with whom a statement is to be filed
22may, in his or her discretion, waive the late filing fee, the
23monetary late filing penalty, and the ineligibility for or
24forfeiture of office or position for failure to file when the
25person's late filing of a statement or failure to file a
26statement is due to his or her (i) serious or catastrophic

 

 

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1illness that renders the person temporarily incapable of
2completing the statement or (ii) military service.
3    Notwithstanding any provision of law or rule to the
4contrary, the deadlines for filing statements of economic
5interests under this Section on or after March 17, 2020 shall
6be suspended until August 1, 2020.
7(Source: P.A. 101-221, eff. 8-9-19.)
 
8    Section 15-24. The Illinois Administrative Procedure Act
9is 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
12emergency powers. To provide for the expeditious and timely
13implementation of the extension provisions of Section 30 of the
14Secretary of State Act, emergency rules implementing the
15extension provisions of Section 30 of the Secretary of State
16Act may be adopted in accordance with Section 5-45 by the
17Secretary of State. The adoption of emergency rules authorized
18by Section 5-45 and this Section is deemed to be necessary for
19the 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
22adding 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
4statewide disaster proclamation based on a health pandemic or
5similar emergency, the Secretary may extend for the duration of
6the proclaimed disaster and for up to a period of 120 days
7beyond 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
18subsequent 30-day extensions only upon a determination that
19circumstances necessitate additional extensions. The Secretary
20must adopt any subsequent 30-day extension prior to the
21previous lapsing.
22    (b) To provide for the expeditious and timely
23implementation of this amendatory Act of the 101st General
24Assembly, any emergency rules to implement the extension
25provisions of this Section must be adopted by the Secretary of
26State, subject to the provisions of Section 5-45 of the

 

 

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1Illinois 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
14permit, identification card, disabled parking placard or
15decal, vehicle registration, or professional license,
16registration, certification or commission has been extended
17pursuant to this Section, it shall be renewed during the period
18of an extension. Any such renewal shall be from the original
19expiration date and shall be subject to the full fee which
20would have been due had the renewal been issued based on the
21original expiration date, except that no late filing fees or
22penalties shall be imposed.
23    (d) All law enforcement agencies in the State of Illinois
24and all State and local governmental entities shall recognize
25the validity of, and give full legal force to, extensions
26granted pursuant to this Section.

 

 

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1    (e) Upon the request of any person or entity whose driver's
2license, driving permit, identification card, disabled parking
3placard or decal, vehicle registration, or professional
4license, registration, certification or commission has been
5subject to an extension under this Section, the Secretary shall
6issue a statement verifying the extension was issued pursuant
7to Illinois law, and requesting any foreign jurisdiction to
8honor the extension.
9    (f) This Section is repealed on June 30, 2021.
 
10    Section 15-29. The Illinois Administrative Procedure Act
11is 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
14Merit Commission. To provide for the expeditious and timely
15implementation of subsection (14) of Section 8c of the
16Secretary of State Merit Employment Code, emergency rules
17implementing subsection (14) of Section 8c of the Secretary of
18State Merit Employment Code may be adopted in accordance with
19Section 5-45 by the Secretary of State. The adoption of
20emergency rules authorized by Section 5-45 and this Section is
21deemed to be necessary for the public interest, safety, and
22welfare.
23    This Section is repealed on January 1, 2021.
 

 

 

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1    Section 15-30. The Secretary of State Merit Employment Code
2is 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
5Commission, in addition to any other duties prescribed in this
6Act, 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
23amended 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
2require the approval of at least 8 members. All meetings of the
3Authority and the Advisory Councils shall be conducted in
4accordance with the Open Meetings Act. Eight members of the
5Authority shall constitute a quorum. Except as otherwise
6authorized in the Open Meetings Act, all All meetings shall be
7conducted at a single location within this State with a quorum
8of members physically present at this location. Other members
9who are not physically present at this location may participate
10in the meeting and vote on all matters by means of a video or
11audio conference. The Auditor General shall conduct financial
12audits and program audits of the Authority, in accordance with
13the 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
16changing Section 1-13 as follows:
 
17    (30 ILCS 500/1-13)
18    Sec. 1-13. Applicability to public institutions of higher
19education.
20    (a) This Code shall apply to public institutions of higher
21education, regardless of the source of the funds with which
22contracts are paid, except as provided in this Section.
23    (b) Except as provided in this Section, this Code shall not
24apply to procurements made by or on behalf of public

 

 

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1institutions 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.
14Notice of each contract entered into by a public institution of
15higher education that is related to the procurement of goods
16and services identified in items (1) through (9) of this
17subsection shall be published in the Procurement Bulletin
18within 14 calendar days after contract execution. The Chief
19Procurement Officer shall prescribe the form and content of the
20notice. Each public institution of higher education shall
21provide the Chief Procurement Officer, on a monthly basis, in
22the form and content prescribed by the Chief Procurement
23Officer, a report of contracts that are related to the
24procurement of goods and services identified in this
25subsection. At a minimum, this report shall include the name of
26the contractor, a description of the supply or service

 

 

10100SB2135ham005- 30 -LRB101 09971 JWD 72406 a

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

 

 

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12020 may be extended through June 2021 without being subject to
2the requirements of this Code. Any contract extended, renewed,
3or entered pursuant to this exception shall be published on the
4Executive Ethics Commission's website within 5 days of contract
5execution. This subsection is inoperative on and after July 1,
62021.
7    (c) Procurements made by or on behalf of public
8institutions of higher education for the fulfillment of a grant
9shall be made in accordance with the requirements of this Code
10to the extent practical.
11    Upon the written request of a public institution of higher
12education, the Chief Procurement Officer may waive contract,
13registration, certification, and hearing requirements of this
14Code if, based on the item to be procured or the terms of a
15grant, compliance is impractical. The public institution of
16higher education shall provide the Chief Procurement Officer
17with specific reasons for the waiver, including the necessity
18of contracting with a particular potential contractor, and
19shall certify that an effort was made in good faith to comply
20with the provisions of this Code. The Chief Procurement Officer
21shall provide written justification for any waivers. By
22November 1 of each year, the Chief Procurement Officer shall
23file a report with the General Assembly identifying each
24contract approved with waivers and providing the justification
25given for any waivers for each of those contracts. Notice of
26each waiver made under this subsection shall be published in

 

 

10100SB2135ham005- 32 -LRB101 09971 JWD 72406 a

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

 

 

10100SB2135ham005- 33 -LRB101 09971 JWD 72406 a

1manager, or shareholder of a business. The Executive Ethics
2Commission may promulgate rules and regulations for the
3implementation and administration of the provisions of this
4subsection (e).
5    (f) As used in this Section:
6    "Grant" means non-appropriated funding provided by a
7federal or private entity to support a project or program
8administered by a public institution of higher education and
9any non-appropriated funding provided to a sub-recipient of the
10grant.
11    "Public institution of higher education" means Chicago
12State University, Eastern Illinois University, Governors State
13University, Illinois State University, Northeastern Illinois
14University, Northern Illinois University, Southern Illinois
15University, University of Illinois, Western Illinois
16University, and, for purposes of this Code only, the Illinois
17Mathematics 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
13General Assembly that this Section not be subject to repeal on
14December 31, 2014.
15    This Section shall be deemed to have been in continuous
16effect since December 20, 2011 (the effective date of Public
17Act 97-643), and it shall continue to be in effect henceforward
18until it is otherwise lawfully repealed. All previously enacted
19amendments to this Section taking effect on or after December
2031, 2014, are hereby validated.
21    All actions taken in reliance on or pursuant to this
22Section by any public institution of higher education, person,
23or entity are hereby validated.
24    In order to ensure the continuing effectiveness of this
25Section, it is set forth in full and re-enacted by this
26amendatory Act of the 100th General Assembly. This re-enactment

 

 

10100SB2135ham005- 35 -LRB101 09971 JWD 72406 a

1is intended as a continuation of this Section. It is not
2intended to supersede any amendment to this Section that is
3enacted by the 100th General Assembly.
4    In this amendatory Act of the 100th General Assembly, the
5base text of the reenacted Section is set forth as amended by
6Public Act 98-1076. Striking and underscoring is used only to
7show changes being made to the base text.
8    This Section applies to all procurements made on or before
9the effective date of this amendatory Act of the 100th General
10Assembly.
11(Source: P.A. 100-43, eff. 8-9-17.)
 
12    Section 15-40. The Forest Preserve Zoological Parks Act is
13amended 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
16districts, containing a population of 140,000 or more located
17in counties of less than 3,000,000 inhabitants, having the
18control or supervision of any forest preserves, may erect and
19maintain within such forest preserves, under the control or
20supervision of such corporate authorities, edifices to be used
21for the collection and display of animals as customary in
22zoological parks, and may collect and display such animals, or
23permit the directors or trustees of any zoological society
24devoted to the purposes aforesaid to erect and maintain a

 

 

10100SB2135ham005- 36 -LRB101 09971 JWD 72406 a

1zoological park and to collect and display zoological
2collections within any forest preserve now or hereafter under
3the control or supervision of such forest preserve district,
4out of funds belonging to such zoological society, or to
5contract with the directors or trustees of any zoological
6society on such terms and conditions as may to such corporate
7authorities seem best, relative to the erection, operation and
8maintenance of a zoological park and the collection and display
9of such animals within such forest preserve, out of the tax
10hereinafter in this Act provided.
11    This Act applies to any forest preserve district that
12maintains a zoological park that was established under this Act
13prior to 1964, regardless of whether the population
14requirements continue to be met.
15    A forest preserve district, containing a population of
16140,000 or more, or the directors or trustees of such
17zoological society when so authorized by the forest preserve
18district, may (a) police the property of the zoological park,
19(b) employ, establish, maintain and equip a security force for
20fire and police protection of the zoological park and (c)
21provide that the personnel of the security force shall perform
22other tasks relating to the maintenance and operation of the
23zoological park. Members of the security force shall be
24conservators of the peace with all the powers of policemen in
25cities and of sheriffs, other than to serve or execute civil
26processes, but such powers may be exercised only within the

 

 

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1area comprising the zoological park when required to protect
2the zoological park's property and interests, its personnel and
3persons using the facilities or at the specific request of
4appropriate federal, State or local law enforcement officials.
5All otherwise lawful actions taken on or after August 13, 1978
6(the effective date of Public Act 80-1364) and before the
7effective date of this amendatory Act of the 98th General
8Assembly by a forest preserve district or a zoological society
9located in a county of 3,000,000 or more in exercising the
10powers provided in this paragraph are hereby validated,
11notwithstanding Public Act 80-1364, which was a
12non-substantive combining revisory Act.
13    A forest preserve district, containing a population of
14140,000 or more located in counties of less than 3,000,000
15inhabitants, may charge, or permit such zoological society to
16charge, an admission fee. The proceeds of such admission fee
17shall be devoted exclusively to the operation and maintenance
18of such zoological park and the collections therein. Except as
19otherwise provided in this Section, all All such zoological
20parks shall be open to the public without charge (i) a total
21number of days, to be scheduled at any time during the calendar
22year, equivalent to at least one day for each 7 days the
23zoological park is open during the calendar year and (ii) to
24the children in actual attendance upon any of the schools in
25the State at all times. The managing authority of the
26zoological park may limit the number of school groups that may

 

 

10100SB2135ham005- 38 -LRB101 09971 JWD 72406 a

1attend the zoo on any given day and may establish other rules
2and regulations that reasonably ensure public safety,
3accessibility, and convenience, including without limitation
4standards of conduct and supervision. Charges may be made at
5any time for special services and for admission to special
6facilities within any zoological park for the education,
7entertainment 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
10amended 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.
13The corporate authorities of cities and park districts having
14control or supervision over any public park or parks, including
15parks located on formerly submerged land, are hereby authorized
16to purchase, erect, and maintain within any such public park or
17parks edifices to be used as aquariums or as museums of art,
18industry, science, or natural or other history, including
19presidential libraries, centers, and museums, such aquariums
20and museums consisting of all facilities for their collections,
21exhibitions, programming, and associated initiatives, or to
22permit the directors or trustees of any corporation or society
23organized for the construction or maintenance and operation of
24an aquarium or museum as hereinabove described to erect,

 

 

10100SB2135ham005- 39 -LRB101 09971 JWD 72406 a

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

 

 

10100SB2135ham005- 40 -LRB101 09971 JWD 72406 a

1exhibitions, programming, and associated initiatives, serve
2valuable public purposes, including, but not limited to,
3furthering human knowledge and understanding, educating and
4inspiring the public, and expanding recreational and cultural
5resources and opportunities. Any city or park district may
6charge, or permit such an aquarium or museum to charge, an
7admission fee. Any such aquarium or museum, however, shall be
8open without charge, when accompanied by a teacher, to the
9children in actual attendance upon grades kindergarten through
10twelve in any of the schools in this State at all times. In
11addition, except as otherwise provided in this Section, any
12such aquarium or museum must be open to persons who reside in
13this State without charge for a period equivalent to 52 days,
14at least 6 of which must be during the period from June through
15August, each year. Beginning on the effective date of this
16amendatory Act of the 101st General Assembly through June 30,
172022, any such zoological park must be open to the public
18without charge: (i) a total number of days, to be scheduled at
19any time during the calendar year, equivalent to at least one
20day for each 14 days the zoological park is open during the
21calendar year; and (ii) to the children in actual attendance
22upon any of the schools in the State at all times.
23Notwithstanding said provisions, charges may be made at any
24time for special services and for admission to special
25facilities within any aquarium or museum for the education,
26entertainment, or convenience of visitors. The proceeds of such

 

 

10100SB2135ham005- 41 -LRB101 09971 JWD 72406 a

1admission fees and charges for special services and special
2facilities shall be devoted exclusively to the purposes for
3which the tax authorized by Section 2 hereof may be used. If
4any owner or owners of any lands or lots abutting or fronting
5on any such public park, or adjacent thereto, have any private
6right, easement, interest or property in such public park
7appurtenant to their lands or lots or otherwise, which would be
8interfered with by the erection and maintenance of any aquarium
9or museum as hereinbefore provided, or any right to have such
10public park remain open or vacant and free from buildings, the
11corporate authorities of the city or park district having
12control of such park, may condemn the same in the manner
13prescribed for the exercise of the right of eminent domain
14under the Eminent Domain Act. The changes made to this Section
15by this amendatory Act of the 99th General Assembly are
16declaratory of existing law and shall not be construed as a new
17enactment.
18(Source: P.A. 99-3, eff. 1-1-16.)
 
19    Section 15-50. The Illinois Vehicle Code is amended by
20adding Section 2-129 as follows:
 
21    (625 ILCS 5/2-129 new)
22    Sec. 2-129. Expiration dates. All expiration periods set
23forth in this Code shall be subject to the provisions of
24Section 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
3changing Sections 8-2-9 and 8-2-9.4 as follows:
 
4    (65 ILCS 5/8-2-9)  (from Ch. 24, par. 8-2-9)
5    Sec. 8-2-9. In municipalities with less than 500,000
6inhabitants, except as otherwise provided in this Section, the
7corporate authorities shall pass an ordinance within the first
8quarter of each fiscal year, to be termed the annual
9appropriation ordinance. On and after January 1, 2020, if a
10disaster, state of emergency, or national emergency is declared
11within the 60 days preceding the end of the first quarter of a
12municipality's fiscal year and the disaster, emergency, or
13declaration impacts the municipality, the time limit to pass
14the annual appropriation ordinance shall be extended for the
15duration of the disaster or emergency and for 60 days
16thereafter. During the extended period, the municipality may
17expend sums of money up to amounts budgeted or appropriated for
18those objects and purposes in the previous fiscal year to
19defray all necessary expenses and liabilities of the
20municipality. In this ordinance, the corporate authorities (i)
21may appropriate sums of money deemed necessary to defray all
22necessary expenses and liabilities of the municipalities,
23including the amounts to be deposited in the reserves provided

 

 

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

 

 

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1petition or election shall not be applicable to the
2supplemental appropriation for that fiscal year. The corporate
3authorities at any time, however, by a two-thirds vote of all
4the members of the body, may make transfers within any
5department or other separate agency of the municipal government
6of sums of money appropriated for one corporate object or
7purpose to another corporate object or purpose, but no
8appropriation for any object or purpose shall thereby be
9reduced below an amount sufficient to cover all obligations
10incurred or to be incurred against the appropriation. Nothing
11in this Section shall deprive the corporate authorities of the
12power to provide for and cause to be paid from the funds of the
13municipality any charge imposed by law without the action of
14the corporate authorities, the payment of which is ordered by a
15court of competent jurisdiction.
16    At least 10 days before the adoption of the annual
17appropriation ordinance, the corporate authorities of
18municipalities over 2,000 in population shall make the proposed
19appropriation ordinance or a formally prepared appropriation
20or budget document upon which the annual appropriation
21ordinance will be based conveniently available to public
22inspection. In addition, the corporate authorities shall hold
23at least one public hearing on that proposed appropriation
24ordinance. Notice of this hearing shall be given publication in
25one or more newspapers published in the municipality or, if
26there is none published in the municipality, in a newspaper

 

 

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1published in the county and having general circulation in the
2municipality at least 10 days before the time of the public
3hearing. The notice shall state the time and place of the
4hearing and the place where copies of the proposed
5appropriation ordinance or formally prepared appropriation or
6budget document will be accessible for examination. The annual
7appropriation ordinance may be adopted at the same meeting at
8which the public hearing is held or at any time after that
9public hearing.
10    After the public hearing and before final action is taken
11on the appropriation ordinance, the corporate authorities may
12revise, alter, increase, or decrease the items contained in the
13ordinance.
14    Notwithstanding any above provision of this Section, any
15municipality in which Article 5 becomes effective after the
16annual appropriation ordinance has been passed for the current
17fiscal year may amend the appropriation ordinance in any manner
18necessary to make Article 5 fully operative in that
19municipality for that fiscal year. No amendment shall be
20construed, however, to affect any tax levy made on the basis of
21the original appropriation ordinance.
22    This Section does not apply to municipalities operating
23under 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
2authorities shall be in lieu of passage of the appropriation
3ordinance as required by Section 8-2-9 of this Act. The annual
4budget need not be published except in a manner provided for in
5Section 8-2-9.9. Except as otherwise provided in this Section,
6the The annual budget shall be adopted by the corporate
7authorities before the beginning of the fiscal year to which it
8applies. On and after January 1, 2020, if a disaster, state of
9emergency, or national emergency is declared within 60 days of
10the end of a municipality's fiscal year and the disaster,
11emergency, or declaration impacts the municipality, the time
12limit to pass the annual budget shall be extended for the
13duration of the disaster or emergency and for 60 days
14thereafter. During the extended period, the municipality may
15expend sums of money up to amounts budgeted or appropriated for
16those objects and purposes in the previous fiscal year to
17defray all necessary expenses and liabilities of the
18municipality.
19(Source: P.A. 76-1117.)
 
20
ARTICLE 25. BUSINESS INTERRUPTION INSURANCE

 
21    Section 25-5. The Department of Insurance Law of the Civil
22Administrative Code of Illinois is amended by adding Section
231405-32 as follows:
 

 

 

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1    (20 ILCS 1405/1405-32 new)
2    Sec. 1405-32. Task force on business interruption
3insurance policies. The Department of Insurance shall appoint a
4task force on business interruption insurance policies
5consisting of no more than 10 members representing the
6Department of Insurance and the insurance industry. The Task
7Force shall include a representative from a national trade
8association, based in the State of Illinois, that represents
9insurers who provide a significant segment of market share of
10the commercial insurance provided in the State of Illinois. The
11Task Force shall study the impacts of the COVID-19 pandemic on
12businesses and the need for changes to business interruption
13insurance policies based on those impacts, including
14recommendations for legislation.
15    Task Force members shall serve without compensation but may
16be reimbursed for their expenses incurred in performing their
17duties.
18    The Department of Insurance shall provide administrative
19and other support to the Task Force.
20    The Task Force shall submit the report of its findings and
21recommendations to the Governor and the General Assembly by
22December 31, 2020. The Task Force is dissolved, and this
23Section 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
2amended 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
5shall be held at the seat of government: Provided, that the
6Governor may convene the General Assembly at some other place
7when it is necessary, in case of pestilence or public danger.
8    (b) In times of pestilence or an emergency resulting from
9the effects of enemy attack or threatened enemy attack, members
10may participate remotely and cast votes in sessions, by joint
11proclamation of the Speaker of the House of Representatives and
12the President of the Senate, and committees of either the House
13of Representatives or Senate may participate remotely pursuant
14to the rules of the chamber. The House of Representatives and
15the Senate shall adopt rules for remote participation. The
16rules of the chamber may require that a quorum of the members
17is physically present at the location of the session or the
18committee meeting. As used in this Section, "participate
19remotely" means simultaneous, interactive participation in
20session or committee meeting by members not physically present,
21through means of communication technologies designed to
22accommodate and facilitate such simultaneous, interactive
23participation and where members of the public may view such
24meetings or sessions. This subsection (b) is inoperative on and
25after June 1, 2022.

 

 

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1(Source: R.S. 1874, p. 555.)
 
2    Section 30-10. The Legislative Commission Reorganization
3Act 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
7Rules, the Commission on Government Forecasting and
8Accountability, and the Legislative Audit Commission Committee
9shall each consist of 12 members of the General Assembly, of
10whom 3 shall be appointed by the President of the Senate, 3
11shall be appointed by the Minority Leader of the Senate, 3
12shall be appointed by the Speaker of the House of
13Representatives, and 3 shall be appointed by the Minority
14Leader of the House of Representatives. All appointments shall
15be in writing and filed with the Secretary of State as a public
16record.
17    Members shall serve a 2-year term, and must be appointed by
18the Joint Committee during the month of January in each
19odd-numbered year for terms beginning February 1. Any vacancy
20in an Agency shall be filled by appointment for the balance of
21the term in the same manner as the original appointment. A
22vacancy shall exist when a member no longer holds the elected
23legislative office held at the time of the appointment or at
24the termination of the member's legislative service.

 

 

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1    During the month of February of each odd-numbered year, the
2Joint Committee on Legislative Support Services shall select
3from the members of the Board of each Agency 2 co-chairpersons
4and such other officers as the Joint Committee deems necessary.
5The co-chairpersons of each Board shall serve for a 2-year
6term, beginning February 1 of the odd-numbered year, and the 2
7co-chairpersons shall not be members of or identified with the
8same house or the same political party.
9    Each Board shall meet twice annually or more often upon the
10call of the chair or any 9 members. A quorum of the Board shall
11consist of a majority of the appointed members.
12    Notwithstanding any other provision of law, in times of
13pestilence or an emergency resulting from the effects of enemy
14attack or threatened enemy attack, by agreement of the
15co-chairs of the respective Board, members of a Board under
16this subsection may participate remotely and cast votes in a
17hearing. Each Board shall adopt rules for remote participation.
18As used in this Section, "participate remotely" means
19simultaneous, interactive participation in Board meetings by
20members not physically present, through means of communication
21technologies designed to accommodate and facilitate such
22simultaneous, interactive participation and where members of
23the public may view such meetings.
24    (b) The Board of each of the following legislative support
25agencies shall consist of the Secretary and Assistant Secretary
26of the Senate and the Clerk and Assistant Clerk of the House of

 

 

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1Representatives: the Legislative Information System, the
2Legislative Printing Unit, the Legislative Reference Bureau,
3and the Office of the Architect of the Capitol. The
4co-chairpersons of the Board of the Office of the Architect of
5the Capitol shall be the Secretary of the Senate and the Clerk
6of the House of Representatives, each ex officio.
7    The Chairperson of each of the other Boards shall be the
8member who is affiliated with the same caucus as the then
9serving Chairperson of the Joint Committee on Legislative
10Support Services. Each Board shall meet twice annually or more
11often upon the call of the chair or any 3 members. A quorum of
12the Board shall consist of a majority of the appointed members.
13    When the Board of the Office of the Architect of the
14Capitol has cast a tied vote concerning the design,
15implementation, or construction of a project within the
16legislative complex, as defined in Section 8A-15, the Architect
17of the Capitol may cast the tie-breaking vote.
18    (c) (Blank).
19    (d) Members of each Agency shall serve without
20compensation, but shall be reimbursed for expenses incurred in
21carrying out the duties of the Agency pursuant to rules and
22regulations adopted by the Joint Committee on Legislative
23Support Services.
24    (e) Beginning February 1, 1985, and every 2 years
25thereafter, the Joint Committee shall select an Executive
26Director who shall be the chief executive officer and staff

 

 

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1director of each Agency. The Executive Director shall receive a
2salary as fixed by the Joint Committee and shall be authorized
3to employ and fix the compensation of necessary professional,
4technical and secretarial staff and prescribe their duties,
5sign contracts, and issue vouchers for the payment of
6obligations pursuant to rules and regulations adopted by the
7Joint Committee on Legislative Support Services. The Executive
8Director and other employees of the Agency shall not be subject
9to the Personnel Code.
10    The executive director of the Office of the Architect of
11the 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
15becoming law.".