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Public Act 102-0039


 

Public Act 0039 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0039
 
SB2232 EnrolledLRB102 16412 AWJ 21802 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.8 as follows:
 
    (5 ILCS 100/5-45.8 new)
    Sec. 5-45.8. Emergency rulemaking; Secretary of State
emergency powers. To provide for the expeditious and timely
implementation of the extension provisions of Section 30 of
the Secretary of State Act, emergency rules implementing the
extension provisions of Section 30 of the Secretary of State
Act may be adopted in accordance with Section 5-45 by the
Secretary of State. The adoption of emergency rules authorized
by Section 5-45 and this Section is deemed to be necessary for
the public interest, safety, and welfare.
    This Section is repealed on January 1, 2022.
 
    Section 10. The Secretary of State Act is amended by
changing Section 30 as follows:
 
    (15 ILCS 305/30)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 30. Emergency powers.
    (a) In response to the ongoing public health disaster
caused by Coronavirus Disease 2019 (COVID-19), a novel severe
acute respiratory illness that spreads rapidly through
respiratory transmissions, and the need to regulate the number
of individuals entering a Secretary of State facility at any
one time in order to prevent the spread of the disease, the
Secretary of State is hereby given the authority to adopt
emergency rulemakings, as provided under subsection (b), and
to adopt permanent administrative rules extending until no
later than June 30, 2021, the expiration dates of driver's
licenses, driving permits, monitoring device driving permits,
restricted driving permits, identification cards, disabled
parking placards and decals, and vehicle registrations that
were issued with expiration dates on or after January 1, 2020.
If, as of May 1, 2021, there remains in effect a proclamation
issued by the Governor of the State of Illinois declaring a
statewide disaster in response to the outbreak of COVID-19,
the Secretary may further extend such expiration dates until
no later than December 31, 2021. Upon the Governor of the State
of Illinois issuing a statewide disaster proclamation based on
a health pandemic or similar emergency, the Secretary may
extend for the duration of the proclaimed disaster and for up
to a period of 120 days beyond the expiration of the disaster
proclamation:
        (1) the expiration dates of driver's licenses, driving
    permits, identification cards, disabled parking placards
    and decals, and vehicle registrations; and
        (2) the expiration dates of professional licenses,
    registrations, certifications and commissions issued by
    the Secretary, including but not limited to, vehicle
    dealership licenses, commercial driver training school
    licenses, and securities, broker and investment adviser
    registrations.
    After the initial 120-day extension, the Secretary may
adopt subsequent 30-day extensions only upon a determination
that circumstances necessitate additional extensions. The
Secretary must adopt any subsequent 30-day extension prior to
the previous lapsing.
    (a-5) During the period of any extensions implemented
pursuant to this Section, all driver's licenses, driving
permits, monitoring device driving permits, restricted driving
permits, identification cards, disabled parking placards and
decals, and vehicle registrations shall be subject to any
terms and conditions under which the original document was
issued.
    (b) To provide for the expeditious and timely
implementation of this amendatory Act of the 101st General
Assembly, any emergency rules to implement the extension
provisions of this Section must be adopted by the Secretary of
State, subject to the provisions of Section 5-45 of the
Illinois Administrative Procedure Act. Any such rule shall:
        (1) (blank); identify the disaster proclamation
    authorizing the rulemaking;
        (2) set forth the expirations being extended (for
    example, "this extension shall apply to all driver's
    licenses, driving permits, monitoring device driving
    permits, restricted driving permits, identification cards,
    disabled parking placards and decals, and vehicle
    registrations expiring on [date] through [date]"); and
        (3) set forth the date on which the extension period
    becomes effective, and the date on which the extension
    will terminate if not extended by subsequent emergency
    rulemaking.
    (c) Where the renewal of any driver's license, driving
permit, monitoring device driving permit, restricted driving
permit, identification card, disabled parking placard or
decal, or vehicle registration, or professional license,
registration, certification or commission has been extended
pursuant to this Section, it shall be renewed during the
period of an extension. Any such renewal shall be from the
original expiration date and shall be subject to the full fee
which would have been due had the renewal been issued based on
the original expiration date, except that no late filing fees
or penalties shall be imposed.
    (d) All law enforcement agencies in the State of Illinois
and all State and local governmental entities shall recognize
the validity of, and give full legal force to, extensions
granted pursuant to this Section.
    (e) Upon the request of any person or entity whose
driver's license, driving permit, monitoring device driving
permit, restricted driving permit, identification card,
disabled parking placard or decal, or vehicle registration, or
professional license, registration, certification or
commission has been subject to an extension under this
Section, the Secretary shall issue a statement verifying the
extension was issued pursuant to Illinois law, and requesting
any foreign jurisdiction to honor the extension.
    (f) This Section is repealed on January 1, 2022 June 30,
2021.
(Source: P.A. 101-640, eff. 6-12-20.)
 
    Section 15. The Illinois Library System Act is amended by
changing Sections 8.1 and 8.4 as follows:
 
    (75 ILCS 10/8.1)  (from Ch. 81, par. 118.1)
    Sec. 8.1. The State Librarian shall make grants annually
under this Section to all qualified public libraries in the
State from funds appropriated by the General Assembly. Such
grants shall be in the amount of up to $1.475 $1.25 per capita
for the population of the area served by the respective public
library and, in addition, the amount of up to $0.19 per capita
to libraries serving populations over 500,000 under the
Illinois Major Urban Library Program. If the moneys
appropriated for grants under this Section fail to meet the
$1.475 $1.25 and the $0.19 per capita amounts above, the
funding shall be decreased pro rata so that qualifying public
libraries receive the same amount per capita. If the moneys
appropriated for grants under this Section exceed the $1.475
$1.25 and the $0.19 per capita amounts above, the funding
shall be increased pro rata so that qualifying public
libraries receive the same amount per capita.
    To be eligible for grants under this Section, a public
library must:
        (1) Provide, as determined by the State Librarian,
    library services which either meet or show progress toward
    meeting the Illinois library standards, as most recently
    adopted by the Illinois Library Association.
        (2) Be a public library for which is levied a tax for
    library purposes at a rate not less than .13% or a county
    library for which is levied a tax for library purposes at a
    rate not less than .07%. If a library is subject to the
    Property Tax Extension Limitation Law in the Property Tax
    Code and its tax levy for library purposes has been
    lowered to a rate of less than .13%, this requirement will
    be waived if the library qualified for this grant in the
    previous year and if the tax levied for library purposes
    in the current year produces tax revenue for library
    purposes that is an increase over the previous year's
    extension of 5% or the percentage increase in the Consumer
    Price Index, whichever is less. Beginning in State Fiscal
    Year 2012, the eligibility requirement in this subsection
    shall be waived if a library's tax levy for library
    purposes has been lowered to a rate of less than 0.13%, and
    the State Librarian determines that the library (i)
    continues to meet the requirements of item (1) of this
    Section and (ii) received a grant under this Section in
    the previous fiscal year.
    Any other language in this Section to the contrary
notwithstanding, grants under this Section 8.1 shall be made
only upon application of the public library concerned, which
applications shall be entirely voluntary and within the sole
discretion of the public library concerned.
    In order to be eligible for a grant under this Section, the
corporate authorities, in lieu of a tax levy at a particular
rate, may provide funds from other sources, an amount
equivalent to the amount to be produced by that levy.
(Source: P.A. 99-186, eff. 7-29-15; 99-619, eff. 7-22-16.)
 
    (75 ILCS 10/8.4)  (from Ch. 81, par. 118.4)
    Sec. 8.4. School library grants. Beginning July 1, 1989,
the State Librarian shall make grants annually under this
Section to all school districts in the State for the
establishment and operation of qualified school libraries, or
the additional support of existing qualified school libraries,
from funds appropriated by the General Assembly. Such grants
shall be in the amount of $0.885 $0.75 per student as
determined by the official enrollment as of the previous
September 30 of the respective school having a qualified
school library. If the moneys appropriated for grants under
this Section are not sufficient, the State Librarian shall
reduce the amount of the grants as necessary; in making these
reductions, the State Librarian shall endeavor to provide each
school district that has a qualifying school library (i) at
least the same amount per student as the district received
under this Section in the preceding fiscal year, and (ii) a
total grant of at least $850 $750, which, in the event of an
insufficient appropriation, shall not be reduced to a total
grant of less than $100.
    To qualify for grants under this Section, a school library
must:
        (1) Be an entity which serves the basic information
    and library needs of the school's employees and students
    through a bibliographically organized collection of
    library materials, has at least one employee whose primary
    duty is to serve as a librarian, and has a collection
    permanently supported financially, accessible centrally,
    and occupying identifiable quarters in one principal
    location.
        (2) Meet the requirements for membership in a library
    system under the provisions of this Act.
        (3) Have applied for membership in the library system
    of jurisdiction if the system is a multitype library
    system under this Act.
        (4) Provide, as mutually determined by the Illinois
    State Librarian and the Illinois State Board of Education,
    library services which either meet or show progress toward
    meeting the Illinois school library standards as most
    recently adopted by the Illinois School Library Media
    Association.
        (5) Submit a statement certifying that the financial
    support for the school library or libraries of the
    applying school district has been maintained undiminished,
    or if diminished, the percentage of diminution of
    financial support is no more than the percentage of
    diminution of the applying school's total financial
    support for educational and operations purposes since the
    submission of the last previous application of the school
    district for the school library per student grant that was
    funded.
    Grants under this Section shall be made only upon
application of the school district for its qualified school
library or school libraries.
(Source: P.A. 95-976, eff. 9-22-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/25/2021