Rep. Kelly M. Burke
Filed: 5/21/2020
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1 | AMENDMENT TO SENATE BILL 2135
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2 | AMENDMENT NO. ______. Amend Senate Bill 2135 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "ARTICLE 1. GOVERNMENT EMERGENCY ADMINISTRATION | ||||||
5 | Section 1-1. Short title. This Act may be cited as the | ||||||
6 | Government Emergency Administration Act. | ||||||
7 | Section 1-5. Findings and purpose. | ||||||
8 | (a) The General Assembly finds that the statewide public | ||||||
9 | health emergency caused by the outbreak of COVID-19 presents an | ||||||
10 | unprecedented danger to the People of the State of Illinois, | ||||||
11 | requiring the use of extraordinary precautions to reduce the | ||||||
12 | risk of infection, causing delays in critical functions, and | ||||||
13 | fundamentally altering the ways in which government must | ||||||
14 | operate in order to serve the People of the State of Illinois.
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15 | (b) The purpose of this Act is to provide government with |
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1 | the tools that it needs to continue to serve the People of the | ||||||
2 | State of Illinois and to better respond to the statewide public | ||||||
3 | health emergency caused by the outbreak of COVID-19.
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4 | ARTICLE 5. RESTORE ILLINOIS | ||||||
5 | Section 5-1. Short title. This Act may be cited as the | ||||||
6 | Restore Illinois Collaborative Commission Act. As used in this | ||||||
7 | Article, "this Act" means this Article. | ||||||
8 | Section 5-5. Findings. The General Assembly finds that the | ||||||
9 | State is confronted with an unprecedented public health crisis. | ||||||
10 | Section 5-10. Definitions. In this Act:
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11 | "Commission" means the Restore Illinois Collaborative | ||||||
12 | Commission.
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13 | "Plan" means the Restore Illinois plan released by the | ||||||
14 | Governor on May 5, 2020.
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15 | Section 5-15. Restore Illinois Collaborative Commission. | ||||||
16 | The Restore Illinois Collaborative Commission is created. The | ||||||
17 | purpose of the Commission is to monitor actions taken by the | ||||||
18 | Office of the Governor with regard to the Restore Illinois plan | ||||||
19 | and to keep members of the General Assembly informed of those | ||||||
20 | actions and any need for further legislative action. |
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1 | Section 5-20. Reports. Beginning July 1, 2020, the Office | ||||||
2 | of the Governor shall submit a monthly written report to the | ||||||
3 | Commission and all members of the General Assembly reporting | ||||||
4 | any actions taken with regard to the Plan. On a quarterly | ||||||
5 | basis, the Commission and the Office of the Governor shall | ||||||
6 | engage in a collaborative conversation with regard to the Plan | ||||||
7 | and any need for legislative action. These collaborative | ||||||
8 | conversations shall be conducted either in person or via | ||||||
9 | telephonic or video conferencing means. At the discretion of | ||||||
10 | the Commission, members of committees of the House of | ||||||
11 | Representatives and the Senate, as determined by the | ||||||
12 | Commission, may be invited to participate in the collaborative | ||||||
13 | conversations. | ||||||
14 | Section 5-25. Members.
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15 | (a) The Commission shall consist of 22 members, appointed | ||||||
16 | as follows:
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17 | (1) Seven members of the House of Representatives | ||||||
18 | appointed by the Speaker of the House of Representatives;
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19 | (2) Seven members of the Senate appointed by the | ||||||
20 | President of the Senate;
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21 | (3) Four members of the House of Representatives | ||||||
22 | appointed by the Minority Leader of the House of | ||||||
23 | Representatives; and
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24 | (4) Four members of the Senate appointed by the | ||||||
25 | Minority Leader of the Senate.
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1 | (b) The Speaker of the House of Representatives and the | ||||||
2 | President of the Senate shall each appoint one member of the | ||||||
3 | Commission to serve together as co-chairs. | ||||||
4 | (c) Members of the Commission shall serve without | ||||||
5 | compensation.
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6 | Section 5-30. Repeal. This Act is repealed on July 1, 2021. | ||||||
7 | ARTICLE 10. BROADBAND ACCESS | ||||||
8 | Section 10-5. The Broadband Advisory Council Act is amended | ||||||
9 | by adding Section 25 as follows: | ||||||
10 | (220 ILCS 80/25 new) | ||||||
11 | Sec. 25. Universal no-cost broadband Internet access. | ||||||
12 | (a) In furtherance of the purposes of this Act to expand | ||||||
13 | broadband service to unserved rural and urban areas of this | ||||||
14 | State and to achieve universal broadband service and Internet | ||||||
15 | access for the residents of this State, the Broadband Advisory | ||||||
16 | Council shall study the provision of free access by 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 |
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1 | poverty and in the areas of the State without the | ||||||
2 | infrastructure necessary to meet the requirements for | ||||||
3 | high-speed access to the Internet. To the extent possible, the | ||||||
4 | study shall consider the incorporation and expansion of the | ||||||
5 | initiatives established in the Connect Illinois Broadband | ||||||
6 | Strategic Plan. The Council's study shall identify existing and | ||||||
7 | new streams of State revenue to underwrite the creation of | ||||||
8 | necessary infrastructure and provide unlimited broadband | ||||||
9 | Internet access, without charge, to all residents of the State. | ||||||
10 | The Council's study shall include a recommended schedule for | ||||||
11 | implementation of free universal broadband. | ||||||
12 | (c) The Council shall issue a report on its findings and | ||||||
13 | recommendations for any necessary legislation to the General | ||||||
14 | Assembly no later than March 31, 2021. | ||||||
15 | ARTICLE 15. AMENDATORY PROVISIONS | ||||||
16 | Section 15-5. The Open Meetings Act is amended by changing | ||||||
17 | Sections 2.01 and 7 as follows:
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18 | (5 ILCS 120/2.01) (from Ch. 102, par. 42.01)
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19 | Sec. 2.01. All meetings required by this Act to be public | ||||||
20 | shall be held at
specified times and places which are | ||||||
21 | convenient and open
to the public. No meeting
required by this | ||||||
22 | Act to be public shall be held on a legal holiday unless
the | ||||||
23 | regular meeting day falls on that holiday.
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1 | Except as otherwise provided in this Act, a A quorum of | ||||||
2 | members of a public body must be physically present at the | ||||||
3 | location of an open meeting. If, however, an open meeting of a | ||||||
4 | public body (i) with statewide jurisdiction, (ii) that is an | ||||||
5 | Illinois library system with jurisdiction over a specific | ||||||
6 | geographic area of more than 4,500 square miles, (iii) that is | ||||||
7 | a municipal transit district with jurisdiction over a specific | ||||||
8 | geographic area of more than 4,500 square miles, or (iv) that | ||||||
9 | is a local workforce investment area with jurisdiction over a | ||||||
10 | specific geographic area of more than 4,500 square miles is | ||||||
11 | held simultaneously at one of its offices and one or more other | ||||||
12 | locations in a public building, which may include other of its | ||||||
13 | offices, through an interactive video conference and the public | ||||||
14 | body provides public notice and public access as required under | ||||||
15 | this Act for all locations, then members physically present in | ||||||
16 | those locations all count towards determining a quorum. "Public | ||||||
17 | building", as used in this Section, means any building or | ||||||
18 | portion thereof owned or leased by any public body. The | ||||||
19 | requirement that a quorum be physically present at the location | ||||||
20 | of an open meeting shall not apply, however, to State advisory | ||||||
21 | boards or bodies that do not have authority to make binding | ||||||
22 | recommendations or determinations or to take any other | ||||||
23 | substantive action.
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24 | Except as otherwise provided in this Act, a A quorum of | ||||||
25 | members of a public body that is not (i) a public body with | ||||||
26 | statewide jurisdiction, (ii) an Illinois library system with |
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1 | jurisdiction over a specific geographic area of more than 4,500 | ||||||
2 | square miles, (iii) a municipal transit district with | ||||||
3 | jurisdiction over a specific geographic area of more than 4,500 | ||||||
4 | square miles, or (iv) a local workforce innovation area with | ||||||
5 | jurisdiction over a specific geographic area of more than 4,500 | ||||||
6 | square miles must be physically present at the location of a | ||||||
7 | closed meeting. Other members who are not physically present at | ||||||
8 | a closed meeting of such a public body may participate in the | ||||||
9 | meeting by means of a video or audio conference.
For the | ||||||
10 | purposes of this Section, "local workforce innovation area" | ||||||
11 | means any local workforce innovation area or areas designated | ||||||
12 | by the Governor pursuant to the federal Workforce
Innovation | ||||||
13 | and Opportunity Act or its reauthorizing legislation. | ||||||
14 | (Source: P.A. 100-477, eff. 9-8-17.)
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15 | (5 ILCS 120/7)
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16 | Sec. 7. Attendance by a means other than physical presence. | ||||||
17 | (a) If a
quorum of the members of the public body is | ||||||
18 | physically present as required by Section 2.01, a majority of | ||||||
19 | the public body may allow a member of that body to attend the | ||||||
20 | meeting by other means if the member is prevented from | ||||||
21 | physically
attending because of: (i) personal illness or | ||||||
22 | disability; (ii) employment purposes or
the
business of the | ||||||
23 | public body; or (iii) a family or other emergency.
"Other | ||||||
24 | means" is by video or audio conference.
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25 | (b) If a member wishes to attend a meeting by other means, |
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1 | the
member must notify the
recording secretary or clerk of the
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2 | public body before the meeting unless
advance notice is | ||||||
3 | impractical.
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4 | (c) A majority of the public body may allow a member to | ||||||
5 | attend a meeting by other means only in accordance with and to | ||||||
6 | the extent allowed by rules adopted by the public body. The | ||||||
7 | rules must conform to the requirements and restrictions of this | ||||||
8 | Section, may further limit the extent to which attendance by | ||||||
9 | other means is allowed, and may provide for the giving of | ||||||
10 | additional notice to the public or further facilitate public | ||||||
11 | access to meetings.
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12 | (d) The limitations of this Section shall not apply to (i) | ||||||
13 | closed meetings of (A) public bodies with statewide | ||||||
14 | jurisdiction, (B) Illinois library systems with jurisdiction | ||||||
15 | over a specific geographic area of more than 4,500 square | ||||||
16 | miles, (C) municipal transit districts with jurisdiction over a | ||||||
17 | specific geographic area of more than 4,500 square miles, or | ||||||
18 | (D) local workforce innovation areas with jurisdiction over a | ||||||
19 | specific geographic area of more than 4,500 square miles or | ||||||
20 | (ii) open or closed meetings of State advisory boards or bodies | ||||||
21 | that do not have authority to make binding recommendations or | ||||||
22 | determinations or to take any other substantive action. State | ||||||
23 | advisory boards or bodies, public bodies with statewide | ||||||
24 | jurisdiction, Illinois library systems with jurisdiction over | ||||||
25 | a specific geographic area of more than 4,500 square miles, | ||||||
26 | municipal transit districts with jurisdiction over a specific |
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1 | geographic area of more than 4,500 square miles, and local | ||||||
2 | workforce investment areas with jurisdiction over a specific | ||||||
3 | geographic area of more than 4,500 square miles, however, may | ||||||
4 | permit members to attend meetings by other means only in | ||||||
5 | accordance with and to the extent allowed by specific | ||||||
6 | procedural rules adopted by the body.
For the purposes of this | ||||||
7 | Section, "local workforce innovation area" means any local | ||||||
8 | workforce innovation area or areas designated by the Governor | ||||||
9 | pursuant to the federal Workforce
Innovation and Opportunity | ||||||
10 | Act or its reauthorizing legislation. | ||||||
11 | (e) Notwithstanding any provision of law, a meeting subject | ||||||
12 | to this Act may be conducted by audio or video conference, | ||||||
13 | without the physical presence of a quorum of the members, so | ||||||
14 | long as the following conditions are met: | ||||||
15 | (1) the Governor or the Director of the Illinois | ||||||
16 | Department of Public Health has issued a disaster | ||||||
17 | declaration related to public health concerns because of a | ||||||
18 | health pandemic or other similar emergency and all or part | ||||||
19 | of the jurisdiction of the public body is covered by the | ||||||
20 | disaster area; | ||||||
21 | (2) the presiding officer, chief legal counsel, or | ||||||
22 | chief administrative officer for the affected governing | ||||||
23 | body determines that an in-person meeting or a meeting | ||||||
24 | conducted under this Act is not practical or prudent | ||||||
25 | because of a health pandemic or another similar emergency; | ||||||
26 | (3) all members of the body participating in the |
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1 | meeting, wherever their physical location, shall be | ||||||
2 | verified and can hear one another and can hear all | ||||||
3 | discussion and testimony; | ||||||
4 | (4) members of the public present at the regular | ||||||
5 | meeting location of the body can hear all discussion and | ||||||
6 | testimony and all votes of the members of the body, unless | ||||||
7 | attendance at the regular meeting location is not feasible | ||||||
8 | due to the health pandemic or emergency declaration, in | ||||||
9 | which case the public body must make arrangements to allow | ||||||
10 | any interested member of the public to hear all discussion, | ||||||
11 | testimony, and roll call votes; | ||||||
12 | (5) at least one member of the body, chief legal | ||||||
13 | counsel, or chief administrative officer is physically | ||||||
14 | present at the regular meeting location, unless unfeasible | ||||||
15 | due to the health pandemic or emergency declaration; | ||||||
16 | (6) all votes are conducted by roll call, so each | ||||||
17 | member's vote on each issue can be identified and recorded; | ||||||
18 | (7) except in the event of a bona fide emergency, 2 | ||||||
19 | business days' notice shall be given of a meeting to be | ||||||
20 | held pursuant to this Section. Notice shall be given to all | ||||||
21 | members of the public body, shall be posted on the website | ||||||
22 | of the public body, and shall also be provided to any news | ||||||
23 | media who has requested notice of meetings pursuant to | ||||||
24 | subsection (a) of Section 2.02. If the public body declares | ||||||
25 | a bona fide emergency: | ||||||
26 | (A) Notice shall be given pursuant to subsection |
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1 | (a) of Section 2.02 and the presiding officer shall | ||||||
2 | state the nature of the emergency at the beginning of | ||||||
3 | the meeting. | ||||||
4 | (B) The public body must comply with the verbatim | ||||||
5 | recording requirements of Section 2.06; | ||||||
6 | (8) each member of the body participating in a meeting | ||||||
7 | by audio or video conference for a meeting held pursuant to | ||||||
8 | this Section is considered present at the meeting for | ||||||
9 | purposes of determining a quorum and participating in all | ||||||
10 | proceedings; and | ||||||
11 | (9) the public body shall bear all costs associated | ||||||
12 | with compliance with this Section.
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13 | (Source: P.A. 100-477, eff. 9-8-17.) | ||||||
14 | Section 15-10. The Freedom of Information Act is amended by | ||||||
15 | adding Section 3.4 as follows: | ||||||
16 | (5 ILCS 140/3.4 new) | ||||||
17 | Sec. 3.4. 2020 exception. Notwithstanding any provision of | ||||||
18 | law or rule to the contrary, no public body shall be considered | ||||||
19 | in violation of this Act for failing to respond within the time | ||||||
20 | prescribed by this Act to any request due on or after March 9, | ||||||
21 | 2020 and prior to June 1, 2020, provided the public body | ||||||
22 | provides a response by the later of 30 days after the effective | ||||||
23 | date of this amendatory Act of the 101st General Assembly or | ||||||
24 | the time prescribed by this Act for the relevant request. |
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1 | Section 15-15. The Electronic Commerce Security Act is | ||||||
2 | amended by adding Section 95-20 as follows: | ||||||
3 | (5 ILCS 175/95-20 new) | ||||||
4 | Sec. 95-20. Remote Witnessing and Notarization. | ||||||
5 | (a) The purpose of this Section is to give statutory | ||||||
6 | approval to the notary and witness guidelines provided in State | ||||||
7 | of Illinois Executive Order 2020-14. | ||||||
8 | (b) Notwithstanding any provision of law, rule, or | ||||||
9 | regulation, effective March 26, 2020 and ending 30 days after | ||||||
10 | expiration of the Governor's emergency declaration regarding | ||||||
11 | COVID-19, a notarial act or an act of witnessing, including | ||||||
12 | when a person must "appear before", act "in the presence of", | ||||||
13 | or any variation thereof, may be performed through means of | ||||||
14 | two-way audio-video communication technology that allows for | ||||||
15 | direct contemporaneous interaction by sight and sound between | ||||||
16 | the individual signing the document, the witness and the notary | ||||||
17 | public. | ||||||
18 | (c) A notarial act satisfies the "appearing before" | ||||||
19 | requirement under Section 6-102 of the Illinois Notary Public | ||||||
20 | Act if the notary public performs a remote notarization via | ||||||
21 | two-way audio-video communication technology, provided that | ||||||
22 | the Notary Public commissioned in Illinois is physically within | ||||||
23 | the State while performing the notarial act and the transaction | ||||||
24 | follows any guidance or rules provided by the Illinois |
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1 | Secretary of State in existence on the date of notarization. | ||||||
2 | (d) An act of witnessing and the technology used in the | ||||||
3 | audio-video communication must substantially comply with the | ||||||
4 | following process:
(1) the two-way audio-video communication | ||||||
5 | technology must be recorded and preserved by the signatory or | ||||||
6 | the signatory's designee for a period of at least 3 years;
(2) | ||||||
7 | the signatory must attest to being physically located in | ||||||
8 | Illinois during the two-way audio-video communication;
(3) the | ||||||
9 | witness must attest to being physically located in Illinois | ||||||
10 | during the two-way audio-video communication;
(4) the | ||||||
11 | signatory must affirmatively state on the two-way audio-video | ||||||
12 | communication what document the signatory is signing;
(5) each | ||||||
13 | page of the document being witnessed must be shown to the | ||||||
14 | witness on the two-way audio-video communication technology in | ||||||
15 | a means clearly legible to the witness and initialed by the | ||||||
16 | signatory in the presence of the witness;
(6) the act of | ||||||
17 | signing must be captured sufficiently up close on the two-way | ||||||
18 | audio-video communication for the witness to observe;
(7) the | ||||||
19 | signatory must transmit by overnight mail, fax, electronic or | ||||||
20 | other means a legible copy of the entire signed document | ||||||
21 | directly to the witness no later than the day after the | ||||||
22 | document is signed;
(8) the witness must sign the transmitted | ||||||
23 | copy of the document as a witness and transmit the signed copy | ||||||
24 | of the document back via overnight mail, fax, electronic or | ||||||
25 | other means to the signatory within 24 hours of receipt; and | ||||||
26 | (9) if necessary, the witness may sign the original signed |
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1 | document as of the date of the original execution by the | ||||||
2 | signatory provided that the witness receives the original | ||||||
3 | signed document together with the electronically witnessed | ||||||
4 | copy within thirty days from the date of the remote witnessing. | ||||||
5 | (d) The prohibition on electronic signatures on certain | ||||||
6 | documents in subsection (c) of Section 120 remains in full | ||||||
7 | effect. | ||||||
8 | (e) Notwithstanding any law or rule of the State of | ||||||
9 | Illinois to the contrary, absent an express prohibition in a | ||||||
10 | document against signing in counterparts, all legal documents, | ||||||
11 | including, but not limited to, deeds, last wills and | ||||||
12 | testaments, trusts, durable powers of attorney for property, | ||||||
13 | and powers of attorney for health care, may be signed in | ||||||
14 | counterparts by the witnesses and the signatory. A notary | ||||||
15 | public must be presented with a fax or electronic copy of the | ||||||
16 | document signature pages showing the witness signatures on the | ||||||
17 | same date the document is signed by the signatory if the notary | ||||||
18 | public is being asked to certify to the appearance of the | ||||||
19 | witnesses to a document. | ||||||
20 | (f) Any technology issues that may occur do not impact the | ||||||
21 | validity or effect of any instrument or document signed under | ||||||
22 | this Section. As used in this Section, "technology issues" | ||||||
23 | include, but are not limited to, problems with the internet | ||||||
24 | connection, user error related to the use of technology, the | ||||||
25 | file containing a recorded act becoming corrupted, or other | ||||||
26 | temporary malfunctions involving the technology used in an act |
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1 | of witnessing or a notarial act. | ||||||
2 | Section 15-20. The Illinois Governmental Ethics Act is | ||||||
3 | amended by changing Section 4A-105 as follows: | ||||||
4 | (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
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5 | Sec. 4A-105. Time for filing. Except as provided in | ||||||
6 | Section 4A-106.1, by
May 1 of each year a statement must be | ||||||
7 | filed by each person
whose position at that time subjects him | ||||||
8 | to the filing requirements of Section
4A-101 or 4A-101.5 unless | ||||||
9 | he has already filed a statement in relation to the same unit | ||||||
10 | of
government in that calendar year.
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11 | Statements must also be filed as follows:
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12 | (a) A candidate for elective office shall file his | ||||||
13 | statement not later
than the end of the period during which | ||||||
14 | he can take the action necessary
under the laws of this | ||||||
15 | State to attempt to qualify for nomination, election, or
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16 | retention to such office if he has not filed a statement in | ||||||
17 | relation to the
same unit of government within a year | ||||||
18 | preceding such action.
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19 | (b) A person whose appointment to office is subject to | ||||||
20 | confirmation by
the Senate shall file his statement at the | ||||||
21 | time his name is submitted to
the Senate for confirmation.
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22 | (b-5) A special government agent, as defined in
item | ||||||
23 | (1) of Section 4A-101 of this Act, shall file a statement | ||||||
24 | within 30 days
after
making the first ex parte |
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1 | communication and each May 1 thereafter if he or she
has | ||||||
2 | made an ex parte communication within the previous 12 | ||||||
3 | months.
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4 | (c) Any other person required by this Article to file | ||||||
5 | the statement
shall file a statement at the time of his or | ||||||
6 | her initial appointment or
employment in relation to that | ||||||
7 | unit of government if appointed or employed by
May 1.
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8 | If any person who is required to file a statement of | ||||||
9 | economic interests
fails to file such statement by May 1 of any | ||||||
10 | year, the officer with whom
such statement is to be filed under | ||||||
11 | Section 4A-106 or 4A-106.5 of this Act shall,
within 7 days | ||||||
12 | after May 1, notify such person by certified mail of his or
her | ||||||
13 | failure to file by the specified date. Except as may be | ||||||
14 | prescribed by
rule of the Secretary of State, such person shall | ||||||
15 | file his or
her statement of economic interests on or before | ||||||
16 | May 15 with the
appropriate officer, together with a $15 late | ||||||
17 | filing fee. Any such person
who fails to file by May 15 shall | ||||||
18 | be subject to a penalty of $100 for each
day from May 16 to the | ||||||
19 | date of filing, which shall be in addition to the $15
late | ||||||
20 | filing fee specified above. Failure to file by May 31 shall | ||||||
21 | result in a
forfeiture in accordance with Section 4A-107 of | ||||||
22 | this Act.
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23 | Any person who takes office or otherwise becomes required | ||||||
24 | to file a
statement of economic interests within 30 days prior | ||||||
25 | to May 1 of any year
may file his or her statement at any time | ||||||
26 | on or before May 31 without
penalty. If such person fails to |
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1 | file such statement by May 31, the
officer with whom such | ||||||
2 | statement is to be filed under Section 4A-106 or 4A-106.5 of
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3 | this Act shall, within 7 days after May 31, notify such person | ||||||
4 | by certified
mail of his or her failure to file by the | ||||||
5 | specified date. Such person
shall file his or her statement of | ||||||
6 | economic interests on or before June 15 with
the appropriate | ||||||
7 | officer, together with a $15 late filing fee. Any such
person | ||||||
8 | who fails to file by June 15 shall be subject to a penalty of | ||||||
9 | $100
per day for each day from June 16 to the date of filing, | ||||||
10 | which shall be in
addition to the $15 late filing fee specified | ||||||
11 | above. Failure to file by June
30 shall result in a forfeiture | ||||||
12 | in accordance with Section 4A-107 of this Act.
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13 | All late filing fees and penalties collected pursuant to | ||||||
14 | this Section
shall be paid into the General Revenue Fund in the | ||||||
15 | State treasury, if the
Secretary of State receives such | ||||||
16 | statement for filing, or into the general
fund in the county | ||||||
17 | treasury, if the county clerk receives such statement
for | ||||||
18 | filing. The Attorney General, with respect to the State, and | ||||||
19 | the
several State's Attorneys, with respect to counties, shall | ||||||
20 | take appropriate
action to collect the prescribed penalties.
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21 | Failure to file a statement of economic interests within | ||||||
22 | the time
prescribed shall not result in a fine or ineligibility | ||||||
23 | for, or forfeiture of,
office or position of employment, as the | ||||||
24 | case may be; provided that the failure
to file results from not | ||||||
25 | being included for notification by the appropriate
agency, | ||||||
26 | clerk, secretary, officer or unit of government, as the case |
| |||||||
| |||||||
1 | may be,
and that a statement is filed within 30 days of actual | ||||||
2 | notice of the failure to
file.
| ||||||
3 | Beginning with statements required to be filed on or after | ||||||
4 | May 1, 2009, the officer with whom a statement is to be filed | ||||||
5 | may, in his or her discretion, waive the late filing fee, the | ||||||
6 | monetary late filing penalty, and the ineligibility for or | ||||||
7 | forfeiture of office or position for failure to file when the | ||||||
8 | person's late filing of a statement or failure to file a | ||||||
9 | statement is due to his or her (i) serious or catastrophic | ||||||
10 | illness that renders the person temporarily incapable of | ||||||
11 | completing the statement or (ii) military service. | ||||||
12 | Notwithstanding any provision of law or rule to the | ||||||
13 | contrary, the deadlines for filing statements of economic | ||||||
14 | interests under this Section on or after March 17, 2020 shall | ||||||
15 | be suspended until August 1, 2020. | ||||||
16 | (Source: P.A. 101-221, eff. 8-9-19.)
| ||||||
17 | Section 15-24. The Illinois Administrative Procedure Act | ||||||
18 | is amended by adding Section 5-45.1 as follows: | ||||||
19 | (5 ILCS 100/5-45.1 new) | ||||||
20 | Sec. 5-45.1. Emergency rulemaking; Secretary of State | ||||||
21 | emergency powers. To provide for the expeditious and timely | ||||||
22 | implementation of the extension provisions of Section 30 of the | ||||||
23 | Secretary of State Act, emergency rules implementing the | ||||||
24 | extension provisions of Section 30 of the Secretary of State |
| |||||||
| |||||||
1 | Act may be adopted in accordance with Section 5-45 by the | ||||||
2 | Secretary of State. The adoption of emergency rules authorized | ||||||
3 | by Section 5-45 and this Section is deemed to be necessary for | ||||||
4 | the public interest, safety, and welfare. | ||||||
5 | This Section is repealed on January 1, 2026. | ||||||
6 | Section 15-25. The Secretary of State Act is amended by | ||||||
7 | adding Section 30 as follows: | ||||||
8 | (15 ILCS 305/30 new) | ||||||
9 | Sec. 30. Emergency powers. | ||||||
10 | (a) Upon the Governor of the State of Illinois issuing a | ||||||
11 | statewide disaster declaration based on a health pandemic or | ||||||
12 | similar emergency, the Secretary may extend for the duration of | ||||||
13 | the proclaimed disaster and for a period of up to 30 days | ||||||
14 | beyond the expiration of the disaster declaration: | ||||||
15 | (1) the expiration dates of driver's licenses, driving | ||||||
16 | permits, identification cards, disabled parking placards | ||||||
17 | and decals, and vehicle registrations; and | ||||||
18 | (2) the expiration dates of professional licenses, | ||||||
19 | registrations, certifications and commissions issued by | ||||||
20 | the Secretary, including but not limited to, vehicle | ||||||
21 | dealership licenses, commercial driver training school | ||||||
22 | licenses, and securities, broker and investment adviser | ||||||
23 | registrations. | ||||||
24 | (b) To provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of this amendatory Act of the 101st General | ||||||
2 | Assembly, emergency rules to implement the extension | ||||||
3 | provisions of this Section may be adopted by the Secretary of | ||||||
4 | State, subject to the provisions of Section 5-45 of the | ||||||
5 | Illinois Administrative Procedure Act. Any such rule shall: | ||||||
6 | (1) identify the disaster proclamation authorizing the | ||||||
7 | rulemaking; | ||||||
8 | (2) set forth the expirations being extended (that is, | ||||||
9 | the extension shall apply to all driver's licenses, driving | ||||||
10 | permits, identification cards, disabled parking placards | ||||||
11 | and decals, and vehicle registrations expiring on [date] | ||||||
12 | through [date]); and | ||||||
13 | (3) set forth the date on which the extension period | ||||||
14 | becomes effective, and the date on which the extension will | ||||||
15 | terminate if not extended by subsequent emergency | ||||||
16 | rulemaking. | ||||||
17 | (c) Where the renewal of any driver's license, driving | ||||||
18 | permit, identification card, disabled parking placard or | ||||||
19 | decal, vehicle registration, or professional license, | ||||||
20 | registration, certification or commission has been extended | ||||||
21 | pursuant to this Section, it shall be renewed during the period | ||||||
22 | of the extension. Any such renewal shall be from the original | ||||||
23 | expiration date and shall be subject to the full fee which | ||||||
24 | would have been due had the renewal been issued based on the | ||||||
25 | original expiration date, except that no late filing fees or | ||||||
26 | penalties shall be imposed. |
| |||||||
| |||||||
1 | (d) All law enforcement agencies in the State of Illinois | ||||||
2 | and all State and local governmental entities shall recognize | ||||||
3 | the validity of, and give full legal force to, extensions | ||||||
4 | granted pursuant to this Section. | ||||||
5 | (e) Upon the request of any person or entity whose driver's | ||||||
6 | license, driving permit, identification card, disabled parking | ||||||
7 | placard or decal, vehicle registration, or professional | ||||||
8 | license, registration, certification, or commission has been | ||||||
9 | subject to an extension under this Section, the Secretary shall | ||||||
10 | issue a statement verifying the extension was issued pursuant | ||||||
11 | to Illinois law, and requesting any foreign jurisdiction to | ||||||
12 | honor the extension. | ||||||
13 | Section 15-29. The Illinois Administrative Procedure Act | ||||||
14 | is amended by adding Section 5-45.2 as follows: | ||||||
15 | (5 ILCS 100/5-45.2 new) | ||||||
16 | Sec. 5-45.2. Emergency rulemaking; Secretary of State | ||||||
17 | Merit Commission. To provide for the expeditious and timely | ||||||
18 | implementation of subsection (14) of Section 8c of the | ||||||
19 | Secretary of State Merit Employment Code, emergency rules | ||||||
20 | implementing subsection (14) of Section 8c of the Secretary of | ||||||
21 | State Merit Employment Code may be adopted in accordance with | ||||||
22 | Section 5-45 by the Secretary of State. The adoption of | ||||||
23 | emergency rules authorized by Section 5-45 and this Section is | ||||||
24 | deemed to be necessary for the public interest, safety, and |
| |||||||
| |||||||
1 | welfare. | ||||||
2 | This Section is repealed on January 1, 2026. | ||||||
3 | Section 15-30. The Secretary of State Merit Employment Code | ||||||
4 | is amended by changing Section 8c as follows:
| ||||||
5 | (15 ILCS 310/8c) (from Ch. 124, par. 108c)
| ||||||
6 | Sec. 8c. Duties and powers of the Commission. The Merit | ||||||
7 | Commission, in
addition to any other duties prescribed in this | ||||||
8 | Act, shall have the following
duties and powers:
| ||||||
9 | (1) Upon written recommendations by the Director of | ||||||
10 | Personnel, to exempt
from jurisdiction B of this Act | ||||||
11 | positions which, in the judgment of the
Commission, are by | ||||||
12 | their nature highly confidential or involve principal
| ||||||
13 | administrative responsibility for the determination of | ||||||
14 | policy or principal
administrative responsibility for the | ||||||
15 | way in which policies are carried
out. No position which | ||||||
16 | has the powers of a law enforcement officer, except
| ||||||
17 | executive security officers, may be exempted under this | ||||||
18 | section.
| ||||||
19 | (2) To require such special reports from the Director | ||||||
20 | as it may consider
desirable.
| ||||||
21 | (3) To disapprove original rules or any part thereof | ||||||
22 | and any amendment
thereof within 30 calendar days after the | ||||||
23 | submission of such rules to the
Merit Commission by the | ||||||
24 | Director.
|
| |||||||
| |||||||
1 | (4) To disapprove within 30 calendar days from date of | ||||||
2 | submission the
position classification plan and any | ||||||
3 | revisions thereof submitted by the
Director as provided in | ||||||
4 | the rules.
| ||||||
5 | (5) To hear appeals of employees who do not accept the | ||||||
6 | allocation of their
positions under the classification | ||||||
7 | plan.
| ||||||
8 | (6) To hear and approve or disapprove written charges | ||||||
9 | filed seeking the
discharge or demotion of employees or | ||||||
10 | suspension totaling more than 30 calendar
days in any 12 | ||||||
11 | month period, as provided in Section 9, appeals as provided
| ||||||
12 | in Section 9a of this Act, and appeals from transfers from | ||||||
13 | one geographical
area in the state to another, and in | ||||||
14 | connection therewith to administer
oaths, subpoena | ||||||
15 | witnesses and compel the production of books and papers.
| ||||||
16 | (7) (Blank).
| ||||||
17 | (8) To make an annual report regarding the work of the | ||||||
18 | Commission to the
Secretary of State, such report to be a | ||||||
19 | public record.
| ||||||
20 | (9) If any violation of this Act is found, the | ||||||
21 | Commission shall direct
compliance in writing.
| ||||||
22 | (10) To appoint such employees, experts and special | ||||||
23 | assistants as may
be necessary to carry out the powers and | ||||||
24 | duties of the commission under
this Act. Employees, experts | ||||||
25 | and special assistants so appointed by the
Commission shall | ||||||
26 | be subject to jurisdictions A, B and C of this Act, except |
| |||||||
| |||||||
1 | the Chairman of the Commission when serving as the | ||||||
2 | Administrator of the Commission shall not be subject to | ||||||
3 | jurisdictions A, B, and C of this Act.
| ||||||
4 | (11) To promulgate rules and regulations necessary to
| ||||||
5 | carry out and implement their powers and duties
under this | ||||||
6 | Act, with authority to amend such rules from time to time
| ||||||
7 | pursuant to The Illinois Administrative Procedure Act.
| ||||||
8 | (12) Within one year of the effective date of this | ||||||
9 | amendatory Act of 1985,
the Commission shall adopt rules | ||||||
10 | and regulations which shall include all
Commission | ||||||
11 | policies implementing its duties under Sections 8, 9, 10 | ||||||
12 | and 15 of
this Act. These rules and regulations shall | ||||||
13 | include, but not be limited to,
the standards and criteria | ||||||
14 | used by the Commission and Hearing Officers in
making | ||||||
15 | discretionary determinations during hearing procedures.
| ||||||
16 | (13) To hear or conduct investigations as it deems | ||||||
17 | necessary of appeals
of layoff filed by employees appointed | ||||||
18 | under Jurisdiction B after examination,
provided that such | ||||||
19 | appeals are filed within 15 calendar days following the
| ||||||
20 | effective date of such layoff and are made on the basis | ||||||
21 | that the provisions
of the Secretary of State Merit | ||||||
22 | Employment Code or the rules promulgated
thereunder have | ||||||
23 | been violated or have not been complied with. All hearings
| ||||||
24 | shall be public. A decision shall be rendered within 60 | ||||||
25 | days after receipt
of the transcript of the proceedings. | ||||||
26 | The Commission shall order the
reinstatement of the |
| |||||||
| |||||||
1 | employee if it is proven that the provisions of the
| ||||||
2 | Secretary of State Merit Employment Code or the rules | ||||||
3 | promulgated thereunder
have been violated or have not been | ||||||
4 | complied with. In connection therewith the
Commission may | ||||||
5 | administer oaths, subpoena witnesses, and compel the | ||||||
6 | production
of books and papers. | ||||||
7 | (14) Upon the Governor of the State of Illinois issuing | ||||||
8 | a disaster declaration based on circumstances that may | ||||||
9 | interfere with an employee's ability to exercise his or her | ||||||
10 | rights under this Code, or that may prevent the Commission | ||||||
11 | from performing its duties in a timely manner, the | ||||||
12 | Commission may, by adoption of an emergency rule under | ||||||
13 | Section 5-45 of the Illinois Administrative Procedure Act, | ||||||
14 | extend for a period of up to 30 days beyond the expiration | ||||||
15 | of the disaster proclamation any time limits set forth in | ||||||
16 | this Code or in the Commission's rules, including but not | ||||||
17 | limited to, the time limits for filing complaints, filing | ||||||
18 | and serving other documents, holding of hearings and | ||||||
19 | rendering of decisions. Upon a determination that | ||||||
20 | circumstances necessitate additional time, the Commission | ||||||
21 | may adopt one additional 90-day extension of time limits.
| ||||||
22 | (Source: P.A. 97-833, eff. 7-20-12.)
| ||||||
23 | Section 15-32. The Illinois Finance Authority Act is | ||||||
24 | amended by changing Section 801-25 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 3501/801-25)
| ||||||
2 | Sec. 801-25. All official acts of the Authority shall | ||||||
3 | require the approval
of
at least 8 members. All meetings of the | ||||||
4 | Authority and the Advisory Councils
shall be conducted in | ||||||
5 | accordance with the Open Meetings Act. Eight members of the | ||||||
6 | Authority shall constitute a quorum. Except as otherwise | ||||||
7 | authorized in the Open Meetings Act, all All meetings shall
be | ||||||
8 | conducted at a single location within this State with a quorum | ||||||
9 | of members physically present at this location. Other members | ||||||
10 | who are not physically present at this location may participate | ||||||
11 | in the meeting and vote on all matters by means of a video or | ||||||
12 | audio conference. The Auditor General shall conduct financial | ||||||
13 | audits
and program audits of the Authority, in accordance with | ||||||
14 | the Illinois State
Auditing Act.
| ||||||
15 | (Source: P.A. 93-205, eff. 1-1-04; 93-1101, eff. 3-31-05.)
| ||||||
16 | Section 15-35. The Illinois Procurement Code is amended by | ||||||
17 | changing Section 1-13 as follows: | ||||||
18 | (30 ILCS 500/1-13) | ||||||
19 | Sec. 1-13. Applicability to public institutions of higher | ||||||
20 | education. | ||||||
21 | (a) This Code shall apply to public institutions of higher | ||||||
22 | education, regardless of the source of the funds with which | ||||||
23 | contracts are paid, except as provided in this Section. | ||||||
24 | (b) Except as provided in this Section, this Code shall not |
| |||||||
| |||||||
1 | apply to procurements made by or on behalf of public | ||||||
2 | institutions of higher education for any of the following: | ||||||
3 | (1) Memberships in professional, academic, research, | ||||||
4 | or athletic organizations on behalf of a public institution | ||||||
5 | of higher education, an employee of a public institution of | ||||||
6 | higher education, or a student at a public institution of | ||||||
7 | higher education. | ||||||
8 | (2) Procurement expenditures for events or activities | ||||||
9 | paid for exclusively by revenues generated by the event or | ||||||
10 | activity, gifts or donations for the event or activity, | ||||||
11 | private grants, or any combination thereof. | ||||||
12 | (3) Procurement expenditures for events or activities | ||||||
13 | for which the use of specific potential contractors is | ||||||
14 | mandated or identified by the sponsor of the event or | ||||||
15 | activity, provided that the sponsor is providing a majority | ||||||
16 | of the funding for the event or activity. | ||||||
17 | (4) Procurement expenditures necessary to provide | ||||||
18 | athletic, artistic or musical services, performances, | ||||||
19 | events, or productions by or for a public institution of | ||||||
20 | higher education. | ||||||
21 | (5) Procurement expenditures for periodicals, books, | ||||||
22 | subscriptions, database licenses, and other publications | ||||||
23 | procured for use by a university library or academic | ||||||
24 | department, except for expenditures related to procuring | ||||||
25 | textbooks for student use or materials for resale or | ||||||
26 | rental. |
| |||||||
| |||||||
1 | (6) Procurement expenditures for placement of students | ||||||
2 | in externships, practicums, field experiences, and for | ||||||
3 | medical residencies and rotations. | ||||||
4 | (7) Contracts for programming and broadcast license | ||||||
5 | rights for university-operated radio and television | ||||||
6 | stations. | ||||||
7 | (8) Procurement expenditures necessary to perform | ||||||
8 | sponsored research and other sponsored activities under | ||||||
9 | grants and contracts funded by the sponsor or by sources | ||||||
10 | other than State appropriations. | ||||||
11 | (9) Contracts with a foreign entity for research or | ||||||
12 | educational activities, provided that the foreign entity | ||||||
13 | either does not maintain an office in the United States or | ||||||
14 | is the sole source of the service or product. | ||||||
15 | Notice of each contract entered into by a public institution of | ||||||
16 | higher education that is related to the procurement of goods | ||||||
17 | and services identified in items (1) through (9) of this | ||||||
18 | subsection shall be published in the Procurement Bulletin | ||||||
19 | within 14 calendar days after contract execution. The Chief | ||||||
20 | Procurement Officer shall prescribe the form and content of the | ||||||
21 | notice. Each public institution of higher education shall | ||||||
22 | provide the Chief Procurement Officer, on a monthly basis, in | ||||||
23 | the form and content prescribed by the Chief Procurement | ||||||
24 | Officer, a report of contracts that are related to the | ||||||
25 | procurement of goods and services identified in this | ||||||
26 | subsection. At a minimum, this report shall include the name of |
| |||||||
| |||||||
1 | the contractor, a description of the supply or service | ||||||
2 | provided, the total amount of the contract, the term of the | ||||||
3 | contract, and the exception to the Code utilized. A copy of any | ||||||
4 | or all of these contracts shall be made available to the Chief | ||||||
5 | Procurement Officer immediately upon request. The Chief | ||||||
6 | Procurement Officer shall submit a report to the Governor and | ||||||
7 | General Assembly no later than November 1 of each year that | ||||||
8 | shall include, at a minimum, an annual summary of the monthly | ||||||
9 | information reported to the Chief Procurement Officer. | ||||||
10 | (b-5) Except as provided in this subsection, the provisions | ||||||
11 | of this Code shall not apply to contracts for medical supplies, | ||||||
12 | and to contracts for medical services necessary for the | ||||||
13 | delivery of care and treatment at medical, dental, or | ||||||
14 | veterinary teaching facilities utilized by Southern Illinois | ||||||
15 | University or the University of Illinois and at any | ||||||
16 | university-operated health care center or dispensary that | ||||||
17 | provides care, treatment, and medications for students, | ||||||
18 | faculty and staff. Other supplies and services needed for these | ||||||
19 | teaching facilities shall be subject to the jurisdiction of the | ||||||
20 | Chief Procurement Officer for Public Institutions of Higher | ||||||
21 | Education who may establish expedited procurement procedures | ||||||
22 | and may waive or modify certification, contract, hearing, | ||||||
23 | process and registration requirements required by the Code. All | ||||||
24 | procurements made under this subsection shall be documented and | ||||||
25 | may require publication in the Illinois Procurement Bulletin. | ||||||
26 | (b-10) Procurements made by or on behalf of the University |
| |||||||
| |||||||
1 | of Illinois for investment services scheduled to expire June | ||||||
2 | 2020 may be extended through June 2021 without being subject to | ||||||
3 | the requirements of this Code. Any contract extended, renewed, | ||||||
4 | or entered pursuant to this exception shall be published on the | ||||||
5 | Executive Ethics Commission's website within 5 days of contract | ||||||
6 | execution. This subsection is inoperative on and after July 1, | ||||||
7 | 2021. | ||||||
8 | (c) Procurements made by or on behalf of public | ||||||
9 | institutions of higher education for the fulfillment of a grant | ||||||
10 | shall be made in accordance with the requirements of this Code | ||||||
11 | to the extent practical. | ||||||
12 | Upon the written request of a public institution of higher | ||||||
13 | education, the Chief Procurement Officer may waive contract, | ||||||
14 | registration, certification, and hearing requirements of this | ||||||
15 | Code if, based on the item to be procured or the terms of a | ||||||
16 | grant, compliance is impractical. The public institution of | ||||||
17 | higher education shall provide the Chief Procurement Officer | ||||||
18 | with specific reasons for the waiver, including the necessity | ||||||
19 | of contracting with a particular potential contractor, and | ||||||
20 | shall certify that an effort was made in good faith to comply | ||||||
21 | with the provisions of this Code. The Chief Procurement Officer | ||||||
22 | shall provide written justification for any waivers. By | ||||||
23 | November 1 of each year, the Chief Procurement Officer shall | ||||||
24 | file a report with the General Assembly identifying each | ||||||
25 | contract approved with waivers and providing the justification | ||||||
26 | given for any waivers for each of those contracts. Notice of |
| |||||||
| |||||||
1 | each waiver made under this subsection shall be published in | ||||||
2 | the Procurement Bulletin within 14 calendar days after contract | ||||||
3 | execution. The Chief Procurement Officer shall prescribe the | ||||||
4 | form and content of the notice. | ||||||
5 | (d) Notwithstanding this Section, a waiver of the | ||||||
6 | registration requirements of Section 20-160 does not permit a | ||||||
7 | business entity and any affiliated entities or affiliated | ||||||
8 | persons to make campaign contributions if otherwise prohibited | ||||||
9 | by Section 50-37. The total amount of contracts awarded in | ||||||
10 | accordance with this Section shall be included in determining | ||||||
11 | the aggregate amount of contracts or pending bids of a business | ||||||
12 | entity and any affiliated entities or affiliated persons. | ||||||
13 | (e) Notwithstanding subsection (e) of Section 50-10.5 of | ||||||
14 | this Code, the Chief Procurement Officer, with the approval of | ||||||
15 | the Executive Ethics Commission, may permit a public | ||||||
16 | institution of higher education to accept a bid or enter into a | ||||||
17 | contract with a business that assisted the public institution | ||||||
18 | of higher education in determining whether there is a need for | ||||||
19 | a contract or assisted in reviewing, drafting, or preparing | ||||||
20 | documents related to a bid or contract, provided that the bid | ||||||
21 | or contract is essential to research administered by the public | ||||||
22 | institution of higher education and it is in the best interest | ||||||
23 | of the public institution of higher education to accept the bid | ||||||
24 | or contract. For purposes of this subsection, "business" | ||||||
25 | includes all individuals with whom a business is affiliated, | ||||||
26 | including, but not limited to, any officer, agent, employee, |
| |||||||
| |||||||
1 | consultant, independent contractor, director, partner, | ||||||
2 | manager, or shareholder of a business. The Executive Ethics | ||||||
3 | Commission may promulgate rules and regulations for the | ||||||
4 | implementation and administration of the provisions of this | ||||||
5 | subsection (e). | ||||||
6 | (f) As used in this Section: | ||||||
7 | "Grant" means non-appropriated funding provided by a | ||||||
8 | federal or private entity to support a project or program | ||||||
9 | administered by a public institution of higher education and | ||||||
10 | any non-appropriated funding provided to a sub-recipient of the | ||||||
11 | grant. | ||||||
12 | "Public institution of higher education" means Chicago | ||||||
13 | State University, Eastern Illinois University, Governors State | ||||||
14 | University, Illinois State University, Northeastern Illinois | ||||||
15 | University, Northern Illinois University, Southern Illinois | ||||||
16 | University, University of Illinois, Western Illinois | ||||||
17 | University, and, for purposes of this Code only, the Illinois | ||||||
18 | Mathematics and Science Academy. | ||||||
19 | (g) (Blank).
| ||||||
20 | (h) The General Assembly finds and declares that: | ||||||
21 | (1) Public Act 98-1076, which took effect on January 1, | ||||||
22 | 2015, changed the repeal date set for this Section from | ||||||
23 | December 31, 2014 to December 31, 2016. | ||||||
24 | (2) The Statute on Statutes sets forth general rules on | ||||||
25 | the repeal of statutes and the construction of multiple | ||||||
26 | amendments, but Section 1 of that Act also states that |
| |||||||
| |||||||
1 | these rules will not be observed when the result would be | ||||||
2 | "inconsistent with the manifest intent of the General | ||||||
3 | Assembly or repugnant to the context of the statute". | ||||||
4 | (3) This amendatory Act of the 100th General Assembly | ||||||
5 | manifests the intention of the General Assembly to remove | ||||||
6 | the repeal of this Section. | ||||||
7 | (4) This Section was originally enacted to protect, | ||||||
8 | promote, and preserve the general welfare. Any | ||||||
9 | construction of this Section that results in the repeal of | ||||||
10 | this Section on December 31, 2014 would be inconsistent | ||||||
11 | with the manifest intent of the General Assembly and | ||||||
12 | repugnant to the context of this Code. | ||||||
13 | It is hereby declared to have been the intent of the | ||||||
14 | General Assembly that this Section not be subject to repeal on | ||||||
15 | December 31, 2014. | ||||||
16 | This Section shall be deemed to have been in continuous | ||||||
17 | effect since December 20, 2011 (the effective date of Public | ||||||
18 | Act 97-643), and it shall continue to be in effect henceforward | ||||||
19 | until it is otherwise lawfully repealed. All previously enacted | ||||||
20 | amendments to this Section taking effect on or after December | ||||||
21 | 31, 2014, are hereby validated. | ||||||
22 | All actions taken in reliance on or pursuant to this | ||||||
23 | Section by any public institution of higher education, person, | ||||||
24 | or entity are hereby validated. | ||||||
25 | In order to ensure the continuing effectiveness of this | ||||||
26 | Section, it is set forth in full and re-enacted by this |
| |||||||
| |||||||
1 | amendatory Act of the 100th General Assembly. This re-enactment | ||||||
2 | is intended as a continuation of this Section. It is not | ||||||
3 | intended to supersede any amendment to this Section that is | ||||||
4 | enacted by the 100th General Assembly. | ||||||
5 | In this amendatory Act of the 100th General Assembly, the | ||||||
6 | base text of the reenacted Section is set forth as amended by | ||||||
7 | Public Act 98-1076. Striking and underscoring is used only to | ||||||
8 | show changes being made to the base text. | ||||||
9 | This Section applies to all procurements made on or before | ||||||
10 | the effective date of this amendatory Act of the 100th General | ||||||
11 | Assembly. | ||||||
12 | (Source: P.A. 100-43, eff. 8-9-17.) | ||||||
13 | Section 15-40. The Park District Aquarium and Museum Act is | ||||||
14 | amended by changing Section 1 as follows:
| ||||||
15 | (70 ILCS 1290/1) (from Ch. 105, par. 326)
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16 | Sec. 1. Erect, operate, and maintain aquariums and museums. | ||||||
17 | The corporate authorities of cities and park districts having
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18 | control or supervision over any public park or parks, including | ||||||
19 | parks located on formerly submerged land, are hereby authorized
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20 | to purchase, erect, and maintain within any such public park or | ||||||
21 | parks edifices to be used
as aquariums or as museums of art, | ||||||
22 | industry, science, or natural or other
history, including | ||||||
23 | presidential libraries, centers, and museums, such aquariums | ||||||
24 | and museums consisting of all facilities for their collections, |
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1 | exhibitions, programming, and associated initiatives, or to | ||||||
2 | permit the directors or trustees of any corporation or
society | ||||||
3 | organized for the construction or maintenance and operation of | ||||||
4 | an
aquarium or museum as hereinabove described to erect, | ||||||
5 | enlarge, ornament,
build, rebuild, rehabilitate, improve, | ||||||
6 | maintain, and operate its aquarium or
museum within any public | ||||||
7 | park now or hereafter under the control
or supervision of any | ||||||
8 | city or park district, and to contract with any such
directors | ||||||
9 | or trustees of any such aquarium or museum relative to
the | ||||||
10 | erection, enlargement, ornamentation, building, rebuilding,
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11 | rehabilitation, improvement, maintenance, ownership, and | ||||||
12 | operation of such aquarium or museum. Notwithstanding the | ||||||
13 | previous sentence, a city or park district may enter into a | ||||||
14 | lease for an initial term not to exceed 99 years, subject to | ||||||
15 | renewal, allowing a corporation or society as hereinabove | ||||||
16 | described to erect,
enlarge, ornament, build, rebuild, | ||||||
17 | rehabilitate, improve, maintain, and operate its aquarium or | ||||||
18 | museum, together with grounds immediately adjacent to such | ||||||
19 | aquarium or museum, and to use, possess, and occupy grounds | ||||||
20 | surrounding such aquarium or museum as hereinabove described | ||||||
21 | for the purpose of beautifying and maintaining such grounds in | ||||||
22 | a manner consistent with the aquarium or museum's purpose, and | ||||||
23 | on the conditions that (1) the public is allowed access to such | ||||||
24 | grounds in a manner consistent with its access to other public | ||||||
25 | parks, and (2) the city or park district retains a reversionary | ||||||
26 | interest in any improvements made by the corporation or society |
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1 | on the grounds, including the aquarium or museum itself, that | ||||||
2 | matures upon the expiration or lawful termination of the lease. | ||||||
3 | It is hereby reaffirmed and found that the aquariums and | ||||||
4 | museums as described in this Section, and their collections, | ||||||
5 | exhibitions, programming, and associated initiatives, serve | ||||||
6 | valuable public purposes, including, but not limited to, | ||||||
7 | furthering human knowledge and understanding, educating and | ||||||
8 | inspiring the public, and expanding recreational and cultural | ||||||
9 | resources and opportunities. Any city or
park district may | ||||||
10 | charge, or permit such an aquarium or museum to charge,
an | ||||||
11 | admission fee. Any such aquarium or museum,
however, shall be | ||||||
12 | open without charge, when
accompanied by a teacher, to the | ||||||
13 | children in actual attendance upon grades
kindergarten through | ||||||
14 | twelve in any of the schools in this State at all
times. In | ||||||
15 | addition, except as otherwise provided in this Section, any | ||||||
16 | such aquarium or museum must be open to persons who reside in | ||||||
17 | this State without
charge
for a period equivalent to 52 days, | ||||||
18 | at least 6 of which must be during the
period from June through | ||||||
19 | August, each year.
Beginning on the effective date of this | ||||||
20 | amendatory Act of the 101st General Assembly through June 30, | ||||||
21 | 2022, any such aquarium or museum must be open to persons who | ||||||
22 | reside in this State without charge for a period equivalent to | ||||||
23 | 52 days, at least 6 of which must be during the period from | ||||||
24 | June through August, 2021. Notwithstanding said provisions, | ||||||
25 | charges may be made at any
time for
special services and for | ||||||
26 | admission to special facilities within any
aquarium or museum |
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1 | for the education, entertainment, or convenience of
visitors. | ||||||
2 | The proceeds of such admission fees and charges for special
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3 | services and special facilities shall be devoted exclusively to | ||||||
4 | the
purposes for which the tax authorized by Section 2 hereof | ||||||
5 | may be used. If
any owner or owners of any lands or lots | ||||||
6 | abutting or fronting on any such
public park, or adjacent | ||||||
7 | thereto, have any private right, easement,
interest or property | ||||||
8 | in such public park appurtenant to their lands or lots
or | ||||||
9 | otherwise, which would be interfered with by the erection and
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10 | maintenance of any aquarium or museum as hereinbefore provided, | ||||||
11 | or any
right to have such public park remain open or vacant and | ||||||
12 | free from
buildings, the corporate authorities of the city or | ||||||
13 | park district having
control of such park, may condemn the same | ||||||
14 | in the manner prescribed for the
exercise
of the right of | ||||||
15 | eminent domain under the Eminent Domain Act. The changes made | ||||||
16 | to this Section by this amendatory Act of the 99th General | ||||||
17 | Assembly are declaratory of existing law and shall not be | ||||||
18 | construed as a new enactment.
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19 | (Source: P.A. 99-3, eff. 1-1-16 .)
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20 | Section 15-45. The Illinois Vehicle Code is amended by | ||||||
21 | adding Section 2-129 as follows: | ||||||
22 | (625 ILCS 5/2-129 new) | ||||||
23 | Sec. 2-129. Expiration dates. All expiration periods set | ||||||
24 | forth in this Code shall be subject to the provisions of |
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1 | Section 30 of the Secretary of State Act. | ||||||
2 | ARTICLE 25. BUSINESS INTERRUPTION INSURANCE | ||||||
3 | Section 25-5. The Department of Insurance Law of the
Civil | ||||||
4 | Administrative Code of Illinois is amended by adding Section | ||||||
5 | 1405-32 as follows: | ||||||
6 | (20 ILCS 1405/1405-32 new) | ||||||
7 | Sec. 1405-32. Task force on business interruption | ||||||
8 | insurance policies. The Department of Insurance shall appoint a | ||||||
9 | task force on business interruption insurance policies | ||||||
10 | consisting of no more than 10 members representing the | ||||||
11 | Department of Insurance and the insurance industry. The Task | ||||||
12 | Force shall include a representative from a national trade | ||||||
13 | association, based in the State of Illinois, that represents | ||||||
14 | insurers who provide a significant segment of market share of | ||||||
15 | the commercial insurance provided in the State of Illinois. The | ||||||
16 | Task Force shall study the impacts of the COVID-19 pandemic on | ||||||
17 | businesses and the need for changes to business interruption | ||||||
18 | insurance policies based on those impacts, including | ||||||
19 | recommendations for legislation. | ||||||
20 | Task Force members shall serve without compensation but may | ||||||
21 | be reimbursed for their expenses incurred in performing their | ||||||
22 | duties. | ||||||
23 | The Department of Insurance shall provide administrative |
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1 | and other support to the Task Force. | ||||||
2 | The Task Force shall submit the report of its findings and | ||||||
3 | recommendations to the Governor and the General Assembly by | ||||||
4 | December 31, 2020. The Task Force is dissolved, and this | ||||||
5 | Section is repealed, on December 31, 2021.
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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