Full Text of SB2135 101st General Assembly
SB2135ham004 101ST GENERAL ASSEMBLY | Rep. Kelly M. Burke Filed: 5/21/2020
| | 10100SB2135ham004 | | LRB101 09971 JWD 72286 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2135
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2135 by replacing | 3 | | everything after the enacting clause with the following:
| 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.
| 15 | | (b) The purpose of this Act is to provide government with |
| | | 10100SB2135ham004 | - 2 - | LRB101 09971 JWD 72286 a |
|
| 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.
| 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:
| 11 | | "Commission" means the Restore Illinois Collaborative | 12 | | Commission.
| 13 | | "Plan" means the Restore Illinois plan released by the | 14 | | Governor on May 5, 2020.
| 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. |
| | | 10100SB2135ham004 | - 3 - | LRB101 09971 JWD 72286 a |
|
| 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.
| 15 | | (a) The Commission shall consist of 22 members, appointed | 16 | | as follows:
| 17 | | (1) Seven members of the House of Representatives | 18 | | appointed by the Speaker of the House of Representatives;
| 19 | | (2) Seven members of the Senate appointed by the | 20 | | President of the Senate;
| 21 | | (3) Four members of the House of Representatives | 22 | | appointed by the Minority Leader of the House of | 23 | | Representatives; and
| 24 | | (4) Four members of the Senate appointed by the | 25 | | Minority Leader of the Senate.
|
| | | 10100SB2135ham004 | - 4 - | LRB101 09971 JWD 72286 a |
|
| 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.
| 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 |
| | | 10100SB2135ham004 | - 5 - | LRB101 09971 JWD 72286 a |
|
| 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:
| 18 | | (5 ILCS 120/2.01) (from Ch. 102, par. 42.01)
| 19 | | Sec. 2.01. All meetings required by this Act to be public | 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.
|
| | | 10100SB2135ham004 | - 6 - | LRB101 09971 JWD 72286 a |
|
| 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.
| 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 |
| | | 10100SB2135ham004 | - 7 - | LRB101 09971 JWD 72286 a |
|
| 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.)
| 15 | | (5 ILCS 120/7)
| 16 | | Sec. 7. Attendance by a means other than physical presence. | 17 | | (a) If a
quorum of the members of the public body is | 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.
| 25 | | (b) If a member wishes to attend a meeting by other means, |
| | | 10100SB2135ham004 | - 8 - | LRB101 09971 JWD 72286 a |
|
| 1 | | the
member must notify the
recording secretary or clerk of the
| 2 | | public body before the meeting unless
advance notice is | 3 | | impractical.
| 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.
| 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 |
| | | 10100SB2135ham004 | - 9 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 10 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 11 - | LRB101 09971 JWD 72286 a |
|
| 1 | | (a) of Section 2.02 and the presiding officer shall | 2 | | state the nature of the emergency at the beginning of | 3 | | the meeting. | 4 | | (B) The public body must comply with the verbatim | 5 | | recording requirements of Section 2.06; | 6 | | (8) each member of the body participating in a meeting | 7 | | by audio or video conference for a meeting held pursuant to | 8 | | this Section is considered present at the meeting for | 9 | | purposes of determining a quorum and participating in all | 10 | | proceedings; and | 11 | | (9) the public body shall bear all costs associated | 12 | | with compliance with this Section.
| 13 | | (Source: P.A. 100-477, eff. 9-8-17.) | 14 | | Section 15-10. The Freedom of Information Act is amended by | 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. |
| | | 10100SB2135ham004 | - 12 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 13 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 14 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 15 - | LRB101 09971 JWD 72286 a |
|
| 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)
| 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.
| 11 | | Statements must also be filed as follows:
| 12 | | (a) A candidate for elective office shall file his | 13 | | statement not later
than the end of the period during which | 14 | | he can take the action necessary
under the laws of this | 15 | | State to attempt to qualify for nomination, election, or
| 16 | | retention to such office if he has not filed a statement in | 17 | | relation to the
same unit of government within a year | 18 | | preceding such action.
| 19 | | (b) A person whose appointment to office is subject to | 20 | | confirmation by
the Senate shall file his statement at the | 21 | | time his name is submitted to
the Senate for confirmation.
| 22 | | (b-5) A special government agent, as defined in
item | 23 | | (1) of Section 4A-101 of this Act, shall file a statement | 24 | | within 30 days
after
making the first ex parte |
| | | 10100SB2135ham004 | - 16 - | LRB101 09971 JWD 72286 a |
|
| 1 | | communication and each May 1 thereafter if he or she
has | 2 | | made an ex parte communication within the previous 12 | 3 | | months.
| 4 | | (c) Any other person required by this Article to file | 5 | | the statement
shall file a statement at the time of his or | 6 | | her initial appointment or
employment in relation to that | 7 | | unit of government if appointed or employed by
May 1.
| 8 | | If any person who is required to file a statement of | 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.
| 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 |
| | | 10100SB2135ham004 | - 17 - | LRB101 09971 JWD 72286 a |
|
| 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
| 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.
| 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.
| 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 |
| | | 10100SB2135ham004 | - 18 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 19 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 20 - | LRB101 09971 JWD 72286 a |
|
| 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. |
| | | 10100SB2135ham004 | - 21 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 22 - | LRB101 09971 JWD 72286 a |
|
| 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.
|
| | | 10100SB2135ham004 | - 23 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 24 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 25 - | LRB101 09971 JWD 72286 a |
|
| 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:
|
| | | 10100SB2135ham004 | - 26 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 27 - | LRB101 09971 JWD 72286 a |
|
| 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. |
| | | 10100SB2135ham004 | - 28 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 29 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 30 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 31 - | LRB101 09971 JWD 72286 a |
|
| 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, |
| | | 10100SB2135ham004 | - 32 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 33 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 34 - | LRB101 09971 JWD 72286 a |
|
| 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)
| 16 | | Sec. 1. Erect, operate, and maintain aquariums and museums. | 17 | | The corporate authorities of cities and park districts having
| 18 | | control or supervision over any public park or parks, including | 19 | | parks located on formerly submerged land, are hereby authorized
| 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, |
| | | 10100SB2135ham004 | - 35 - | LRB101 09971 JWD 72286 a |
|
| 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,
| 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 |
| | | 10100SB2135ham004 | - 36 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 37 - | LRB101 09971 JWD 72286 a |
|
| 1 | | for the education, entertainment, or convenience of
visitors. | 2 | | The proceeds of such admission fees and charges for special
| 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
| 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.
| 19 | | (Source: P.A. 99-3, eff. 1-1-16 .)
| 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 |
| | | 10100SB2135ham004 | - 38 - | LRB101 09971 JWD 72286 a |
|
| 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 |
| | | 10100SB2135ham004 | - 39 - | LRB101 09971 JWD 72286 a |
|
| 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.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
|
|