|
Opportunity Law of the Civil Administrative Code of Illinois is |
amended by adding Section 605-1045 as follows:
|
(20 ILCS 605/605-1045 new) |
Sec. 605-1045. Restore Illinois Collaborative Commission. |
(a) The General Assembly hereby finds and declares that the |
State is confronted with a public health crisis that has |
created unprecedented challenges for the State's diverse |
economic base. In light of this crisis, and the heightened need |
for collaboration between the legislative and executive |
branches, the General Assembly hereby establishes the Restore |
Illinois Collaborative Commission. The members of the |
Commission will participate in and provide input on plans to |
revive the various sectors of the State's economy in the wake |
of the COVID-19 pandemic. |
(b) The Department may request meetings be convened to |
address revitalization efforts for the various sectors of the |
State's economy. Such meetings may include public |
participation as determined by the Commission. |
(c) The Department shall provide a written report to the |
commission and the General Assembly not less than every 30 days |
regarding the status of current and proposed revitalization |
efforts. The written report shall include applicable metrics |
that demonstrate progress on recovery efforts, as well as any |
additional information as requested by the Commission. The |
first report shall be delivered by July 1, 2020. The report to |
|
the General Assembly shall be delivered to all members, in |
addition to complying with the requirements of Section 3.1 of |
the General Assembly Organization Act. |
(d) The Restore Illinois Collaborative Commission shall |
consist of 14 members, appointed as follows: |
(1) four members of the House of Representatives |
appointed by the Speaker of the House of Representatives; |
(2) four members of the Senate appointed by the Senate |
President; |
(3) three members of the House of Representatives |
appointed by the Minority Leader of the House of |
Representatives; and |
(4) three members of the Senate appointed by the Senate |
Minority Leader. |
(e) The Speaker of the House of Representatives and the |
Senate President shall each appoint one member of the |
Commission to serve as a Co-Chair. The Co-Chairs may convene |
meetings of the Commission. The members of the Commission shall |
serve without compensation. |
(f) This section is repealed December 31, 2020.
|
ARTICLE 10. BROADBAND ACCESS
|
Section 10-5. The Broadband Advisory Council Act is amended |
by adding Section 25 as follows:
|
|
(220 ILCS 80/25 new) |
Sec. 25. Universal no-cost broadband Internet access. |
(a) In furtherance of the purposes of this Act to expand |
broadband service to unserved rural and urban areas of this |
State and to achieve universal broadband service and Internet |
access for the residents of this State, the Broadband Advisory |
Council shall study the goal of providing free access to all |
residents of this State to broadband service through the |
expansion of the state broadband competitive matching grant |
program. The Broadband Advisory Council shall also study the |
alternative goal of providing affordable access to all |
residents of this State to broadband service. The Office of |
Broadband within the Department of Commerce and Economic |
Opportunity shall support and assist the Council in the |
development of the study. |
(b) The study must include establishing access to broadband |
service in zip codes identified as having high levels of |
poverty and in the areas of the State without the |
infrastructure necessary to meet the requirements for |
high-speed access to the Internet. To the extent possible, the |
study shall consider the incorporation and expansion of the |
initiatives established in the Connect Illinois Broadband |
Strategic Plan. The Council's study shall identify existing and |
new streams of State, federal and private-public partnership |
revenue to underwrite the creation of necessary infrastructure |
and purchase unlimited broadband Internet access to be |
|
provided, without charge, to some or all residents of the |
State. The Council's study shall include a recommended schedule |
for implementation of free universal broadband to the extent |
determined to be feasible. |
(c) The Council shall issue a report on its findings and |
recommendations for any necessary legislation to the |
General Assembly no later than January 1, 2021.
|
ARTICLE 15. AMENDATORY PROVISIONS
|
Section 15-5. The Open Meetings Act is amended by changing |
Sections 2.01 and 7 as follows:
|
(5 ILCS 120/2.01) (from Ch. 102, par. 42.01)
|
Sec. 2.01. All meetings required by this Act to be public |
shall be held at
specified times and places which are |
convenient and open
to the public. No meeting
required by this |
Act to be public shall be held on a legal holiday unless
the |
regular meeting day falls on that holiday.
|
Except as otherwise provided in this Act, a A quorum of |
members of a public body must be physically present at the |
location of an open meeting. If, however, an open meeting of a |
public body (i) with statewide jurisdiction, (ii) that is an |
Illinois library system with jurisdiction over a specific |
geographic area of more than 4,500 square miles, (iii) that is |
a municipal transit district with jurisdiction over a specific |
|
geographic area of more than 4,500 square miles, or (iv) that |
is a local workforce investment area with jurisdiction over a |
specific geographic area of more than 4,500 square miles is |
held simultaneously at one of its offices and one or more other |
locations in a public building, which may include other of its |
offices, through an interactive video conference and the public |
body provides public notice and public access as required under |
this Act for all locations, then members physically present in |
those locations all count towards determining a quorum. "Public |
building", as used in this Section, means any building or |
portion thereof owned or leased by any public body. The |
requirement that a quorum be physically present at the location |
of an open meeting shall not apply, however, to State advisory |
boards or bodies that do not have authority to make binding |
recommendations or determinations or to take any other |
substantive action.
|
Except as otherwise provided in this Act, a A quorum of |
members of a public body that is not (i) a public body with |
statewide jurisdiction, (ii) an Illinois library system with |
jurisdiction over a specific geographic area of more than 4,500 |
square miles, (iii) a municipal transit district with |
jurisdiction over a specific geographic area of more than 4,500 |
square miles, or (iv) a local workforce innovation area with |
jurisdiction over a specific geographic area of more than 4,500 |
square miles must be physically present at the location of a |
closed meeting. Other members who are not physically present at |
|
a closed meeting of such a public body may participate in the |
meeting by means of a video or audio conference.
For the |
purposes of this Section, "local workforce innovation area" |
means any local workforce innovation area or areas designated |
by the Governor pursuant to the federal Workforce
Innovation |
and Opportunity Act or its reauthorizing legislation. |
(Source: P.A. 100-477, eff. 9-8-17.)
|
(5 ILCS 120/7)
|
Sec. 7. Attendance by a means other than physical presence. |
(a) If a
quorum of the members of the public body is |
physically present as required by Section 2.01, a majority of |
the public body may allow a member of that body to attend the |
meeting by other means if the member is prevented from |
physically
attending because of: (i) personal illness or |
disability; (ii) employment purposes or
the
business of the |
public body; or (iii) a family or other emergency.
"Other |
means" is by video or audio conference.
|
(b) If a member wishes to attend a meeting by other means, |
the
member must notify the
recording secretary or clerk of the
|
public body before the meeting unless
advance notice is |
impractical.
|
(c) A majority of the public body may allow a member to |
attend a meeting by other means only in accordance with and to |
the extent allowed by rules adopted by the public body. The |
rules must conform to the requirements and restrictions of this |
|
Section, may further limit the extent to which attendance by |
other means is allowed, and may provide for the giving of |
additional notice to the public or further facilitate public |
access to meetings.
|
(d) The limitations of this Section shall not apply to (i) |
closed meetings of (A) public bodies with statewide |
jurisdiction, (B) Illinois library systems with jurisdiction |
over a specific geographic area of more than 4,500 square |
miles, (C) municipal transit districts with jurisdiction over a |
specific geographic area of more than 4,500 square miles, or |
(D) local workforce innovation areas with jurisdiction over a |
specific geographic area of more than 4,500 square miles or |
(ii) open or closed meetings of State advisory boards or bodies |
that do not have authority to make binding recommendations or |
determinations or to take any other substantive action. State |
advisory boards or bodies, public bodies with statewide |
jurisdiction, Illinois library systems with jurisdiction over |
a specific geographic area of more than 4,500 square miles, |
municipal transit districts with jurisdiction over a specific |
geographic area of more than 4,500 square miles, and local |
workforce investment areas with jurisdiction over a specific |
geographic area of more than 4,500 square miles, however, may |
permit members to attend meetings by other means only in |
accordance with and to the extent allowed by specific |
procedural rules adopted by the body.
For the purposes of this |
Section, "local workforce innovation area" means any local |
|
workforce innovation area or areas designated by the Governor |
pursuant to the federal Workforce
Innovation and Opportunity |
Act or its reauthorizing legislation. |
(e) Subject to the requirements of Section 2.06 but |
notwithstanding any other provision of law, an open or closed |
meeting subject to this Act may be conducted by audio or video |
conference, without the physical presence of a quorum of the |
members, so long as the following conditions are met: |
(1) the Governor or the Director of the Illinois |
Department of Public Health has issued a disaster |
declaration related to public health concerns because of a |
disaster as defined in Section 4 of the Illinois Emergency |
Management Agency Act, and all or part of the jurisdiction |
of the public body is covered by the disaster area; |
(2) the head of the public body as defined in |
subsection (e) of Section 2 of the Freedom of Information |
Act determines that an in-person meeting or a meeting |
conducted under this Act is not practical or prudent |
because of a disaster; |
(3) all members of the body participating in the |
meeting, wherever their physical location, shall be |
verified and can hear one another and can hear all |
discussion and testimony; |
(4) for open meetings, members of the public present at |
the regular meeting location of the body can hear all |
discussion and testimony and all votes of the members of |
|
the body, unless attendance at the regular meeting location |
is not feasible due to the disaster, including the issued |
disaster declaration, in which case the public body must |
make alternative arrangements and provide notice pursuant |
to this Section of such alternative arrangements in a |
manner to allow any interested member of the public access |
to contemporaneously hear all discussion, testimony, and |
roll call votes, such as by offering a telephone number or |
a web-based link; |
(5) at least one member of the body, chief legal |
counsel, or chief administrative officer is physically |
present at the regular meeting location, unless unfeasible |
due to the disaster, including the issued disaster |
declaration; and |
(6) all votes are conducted by roll call, so each |
member's vote on each issue can be identified and recorded. |
(7) Except in the event of a bona fide emergency, 48 |
hours' notice shall be given of a meeting to be held |
pursuant to this Section. Notice shall be given to all |
members of the public body, shall be posted on the website |
of the public body, and shall also be provided to any news |
media who has requested notice of meetings pursuant to |
subsection (a) of Section 2.02 of this Act. If the public |
body declares a bona fide emergency: |
(A) Notice shall be given pursuant to subsection |
(a) of Section 2.02 of this Act, and the presiding |
|
officer shall state the nature of the emergency at the |
beginning of the meeting. |
(B) The public body must comply with the verbatim |
recording requirements set forth in Section 2.06 of |
this Act. |
(8) Each member of the body participating in a meeting |
by audio or video conference for a meeting held pursuant to |
this Section is considered present at the meeting for |
purposes of determining a quorum and participating in all |
proceedings. |
(9) In addition to the requirements for open meetings |
under Section 2.06, public bodies holding open meetings |
under this subsection (e) must also keep a verbatim record |
of all their meetings in the form of an audio or video |
recording. Verbatim records made under this paragraph (9) |
shall be made available to the public under, and are |
otherwise subject to, the provisions of Section 2.06. |
(10) The public body shall bear all costs associated |
with compliance with this subsection (e).
|
(Source: P.A. 100-477, eff. 9-8-17.)
|
Section 15-15. The Electronic Commerce Security Act is |
amended by adding Section 95-20 as follows:
|
(5 ILCS 175/95-20 new) |
Sec. 95-20. Remote Witnessing and Notarization. |
|
(a) The purpose of this Section is to give statutory |
approval to the notary and witness guidelines provided in State |
of Illinois Executive Order 2020-14. |
(b) Notwithstanding any provision of law, rule, or |
regulation, effective March 26, 2020 and ending 30 days after |
expiration of the Governor's emergency declaration regarding |
COVID-19, a notarial act or an act of witnessing, including |
when a person must "appear before", act "in the presence of", |
or any variation thereof, may be performed through means of |
two-way audio-video communication technology that allows for |
direct contemporaneous interaction by sight and sound between |
the individual signing the document, the witness and the notary |
public. |
(c) A notarial act satisfies the "appearing before" |
requirement under Section 6-102 of the Illinois Notary Public |
Act if the notary public performs a remote notarization via |
two-way audio-video communication technology, provided that |
the Notary Public commissioned in Illinois is physically within |
the State while performing the notarial act and the transaction |
follows any guidance or rules provided by the Illinois |
Secretary of State in existence on the date of notarization. |
(d) An act of witnessing and the technology used in the |
audio-video communication must substantially comply with the |
following process:
(1) the two-way audio-video communication |
must be recorded and preserved by the signatory or the |
signatory's designee for a period of at least 3 years;
(2) the |
|
signatory must attest to being physically located in Illinois |
during the two-way audio-video communication;
(3) the witness |
must attest to being physically located in Illinois during the |
two-way audio-video communication;
(4) the signatory must |
affirmatively state on the two-way audio-video communication |
what document the signatory is signing;
(5) each page of the |
document being witnessed must be shown to the witness on the |
two-way audio-video communication technology in a means |
clearly legible to the witness and initialed by the signatory |
in the presence of the witness;
(6) the act of signing must be |
captured sufficiently up close on the two-way audio-video |
communication for the witness to observe;
(7) the signatory |
must transmit by overnight mail, fax, electronic or other means |
a legible copy of the entire signed document directly to the |
witness no later than the day after the document is signed;
(8) |
the witness must sign the transmitted copy of the document as a |
witness and transmit the signed copy of the document back via |
overnight mail, fax, electronic or other means to the signatory |
within 24 hours of receipt; and (9) if necessary, the witness |
may sign the original signed document as of the date of the |
original execution by the signatory provided that the witness |
receives the original signed document together with the |
electronically witnessed copy within thirty days from the date |
of the remote witnessing. |
(d) The prohibition on electronic signatures on certain |
documents in subsection (c) of Section 120 remains in full |
|
effect. |
(e) Notwithstanding any law or rule of the State of |
Illinois to the contrary, absent an express prohibition in a |
document against signing in counterparts, all legal documents, |
including, but not limited to, deeds, last wills and |
testaments, trusts, durable powers of attorney for property, |
and powers of attorney for health care, may be signed in |
counterparts by the witnesses and the signatory. A notary |
public must be presented with a fax or electronic copy of the |
document signature pages showing the witness signatures on the |
same date the document is signed by the signatory if the notary |
public is being asked to certify to the appearance of the |
witnesses to a document. |
(f) Any technology issues that may occur do not impact the |
validity or effect of any instrument or document signed under |
this Section. As used in this Section, "technology issues" |
include, but are not limited to, problems with the internet |
connection, user error related to the use of technology, the |
file containing a recorded act becoming corrupted, or other |
temporary malfunctions involving the technology used in an act |
of witnessing or a notarial act.
|
Section 15-20. The Illinois Governmental Ethics Act is |
amended by changing Section 4A-105 as follows:
|
(5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
|
|
Sec. 4A-105. Time for filing. Except as provided in |
Section 4A-106.1, by
May 1 of each year a statement must be |
filed by each person
whose position at that time subjects him |
to the filing requirements of Section
4A-101 or 4A-101.5 unless |
he has already filed a statement in relation to the same unit |
of
government in that calendar year.
|
Statements must also be filed as follows:
|
(a) A candidate for elective office shall file his |
statement not later
than the end of the period during which |
he can take the action necessary
under the laws of this |
State to attempt to qualify for nomination, election, or
|
retention to such office if he has not filed a statement in |
relation to the
same unit of government within a year |
preceding such action.
|
(b) A person whose appointment to office is subject to |
confirmation by
the Senate shall file his statement at the |
time his name is submitted to
the Senate for confirmation.
|
(b-5) A special government agent, as defined in
item |
(1) of Section 4A-101 of this Act, shall file a statement |
within 30 days
after
making the first ex parte |
communication and each May 1 thereafter if he or she
has |
made an ex parte communication within the previous 12 |
months.
|
(c) Any other person required by this Article to file |
the statement
shall file a statement at the time of his or |
her initial appointment or
employment in relation to that |
|
unit of government if appointed or employed by
May 1.
|
If any person who is required to file a statement of |
economic interests
fails to file such statement by May 1 of any |
year, the officer with whom
such statement is to be filed under |
Section 4A-106 or 4A-106.5 of this Act shall,
within 7 days |
after May 1, notify such person by certified mail of his or
her |
failure to file by the specified date. Except as may be |
prescribed by
rule of the Secretary of State, such person shall |
file his or
her statement of economic interests on or before |
May 15 with the
appropriate officer, together with a $15 late |
filing fee. Any such person
who fails to file by May 15 shall |
be subject to a penalty of $100 for each
day from May 16 to the |
date of filing, which shall be in addition to the $15
late |
filing fee specified above. Failure to file by May 31 shall |
result in a
forfeiture in accordance with Section 4A-107 of |
this Act.
|
Any person who takes office or otherwise becomes required |
to file a
statement of economic interests within 30 days prior |
to May 1 of any year
may file his or her statement at any time |
on or before May 31 without
penalty. If such person fails to |
file such statement by May 31, the
officer with whom such |
statement is to be filed under Section 4A-106 or 4A-106.5 of
|
this Act shall, within 7 days after May 31, notify such person |
by certified
mail of his or her failure to file by the |
specified date. Such person
shall file his or her statement of |
economic interests on or before June 15 with
the appropriate |
|
officer, together with a $15 late filing fee. Any such
person |
who fails to file by June 15 shall be subject to a penalty of |
$100
per day for each day from June 16 to the date of filing, |
which shall be in
addition to the $15 late filing fee specified |
above. Failure to file by June
30 shall result in a forfeiture |
in accordance with Section 4A-107 of this Act.
|
All late filing fees and penalties collected pursuant to |
this Section
shall be paid into the General Revenue Fund in the |
State treasury, if the
Secretary of State receives such |
statement for filing, or into the general
fund in the county |
treasury, if the county clerk receives such statement
for |
filing. The Attorney General, with respect to the State, and |
the
several State's Attorneys, with respect to counties, shall |
take appropriate
action to collect the prescribed penalties.
|
Failure to file a statement of economic interests within |
the time
prescribed shall not result in a fine or ineligibility |
for, or forfeiture of,
office or position of employment, as the |
case may be; provided that the failure
to file results from not |
being included for notification by the appropriate
agency, |
clerk, secretary, officer or unit of government, as the case |
may be,
and that a statement is filed within 30 days of actual |
notice of the failure to
file.
|
Beginning with statements required to be filed on or after |
May 1, 2009, the officer with whom a statement is to be filed |
may, in his or her discretion, waive the late filing fee, the |
monetary late filing penalty, and the ineligibility for or |
|
forfeiture of office or position for failure to file when the |
person's late filing of a statement or failure to file a |
statement is due to his or her (i) serious or catastrophic |
illness that renders the person temporarily incapable of |
completing the statement or (ii) military service. |
Notwithstanding any provision of law or rule to the |
contrary, the deadlines for filing statements of economic |
interests under this Section on or after March 17, 2020 shall |
be suspended until August 1, 2020. |
(Source: P.A. 101-221, eff. 8-9-19.)
|
Section 15-24. The Illinois Administrative Procedure Act |
is amended by adding Section 5-45.1 as follows:
|
(5 ILCS 100/5-45.1 new) |
Sec. 5-45.1. Emergency rulemaking; Secretary of State |
emergency powers. To provide for the expeditious and timely |
implementation of the extension provisions of Section 30 of the |
Secretary of State Act, emergency rules implementing the |
extension provisions of Section 30 of the Secretary of State |
Act may be adopted in accordance with Section 5-45 by the |
Secretary of State. The adoption of emergency rules authorized |
by Section 5-45 and this Section is deemed to be necessary for |
the public interest, safety, and welfare. |
This Section is repealed on January 1, 2021.
|
|
Section 15-25. The Secretary of State Act is amended by |
adding Section 30 as follows:
|
(15 ILCS 305/30 new) |
Sec. 30. Emergency powers. |
(a) Upon the Governor of the State of Illinois issuing a |
statewide disaster proclamation based on a health pandemic or |
similar emergency, the Secretary may extend for the duration of |
the proclaimed disaster and for up to a period of 120 days |
beyond the expiration of the disaster proclamation: |
(1) the expiration dates of driver's licenses, driving |
permits, identification cards, disabled parking placards |
and decals, and vehicle registrations; and |
(2) the expiration dates of professional licenses, |
registrations, certifications and commissions issued by |
the Secretary, including but not limited to, vehicle |
dealership licenses, commercial driver training school |
licenses, and securities, broker and investment adviser |
registrations. |
After the initial 120-day extension, the Secretary may |
adopt subsequent 30-day extensions only upon a determination |
that circumstances necessitate additional extensions. The |
Secretary must adopt any subsequent 30-day extension prior to |
the previous lapsing. |
(b) To provide for the expeditious and timely |
implementation of this amendatory Act of the 101st General |
|
Assembly, any emergency rules to implement the extension |
provisions of this Section must be adopted by the Secretary of |
State, subject to the provisions of Section 5-45 of the |
Illinois Administrative Procedure Act. Any such rule shall: |
(1) identify the disaster proclamation authorizing the |
rulemaking; |
(2) set forth the expirations being extended (for |
example, "this extension shall apply to all driver's |
licenses, driving permits, identification cards, disabled |
parking placards and decals, and vehicle registrations |
expiring on [date] through [date]"); and |
(3) set forth the date on which the extension period |
becomes effective, and the date on which the extension will |
terminate if not extended by subsequent emergency |
rulemaking. |
(c) Where the renewal of any driver's license, driving |
permit, identification card, disabled parking placard or |
decal, vehicle registration, or professional license, |
registration, certification or commission has been extended |
pursuant to this Section, it shall be renewed during the period |
of an extension. Any such renewal shall be from the original |
expiration date and shall be subject to the full fee which |
would have been due had the renewal been issued based on the |
original expiration date, except that no late filing fees or |
penalties shall be imposed. |
(d) All law enforcement agencies in the State of Illinois |
|
and all State and local governmental entities shall recognize |
the validity of, and give full legal force to, extensions |
granted pursuant to this Section. |
(e) Upon the request of any person or entity whose driver's |
license, driving permit, identification card, disabled parking |
placard or decal, vehicle registration, or professional |
license, registration, certification or commission has been |
subject to an extension under this Section, the Secretary shall |
issue a statement verifying the extension was issued pursuant |
to Illinois law, and requesting any foreign jurisdiction to |
honor the extension. |
(f) This Section is repealed on June 30, 2021.
|
Section 15-29. The Illinois Administrative Procedure Act |
is amended by adding Section 5-45.2 as follows:
|
(5 ILCS 100/5-45.2 new) |
Sec. 5-45.2. Emergency rulemaking; Secretary of State |
Merit Commission. To provide for the expeditious and timely |
implementation of subsection (14) of Section 8c of the |
Secretary of State Merit Employment Code, emergency rules |
implementing subsection (14) of Section 8c of the Secretary of |
State Merit Employment Code may be adopted in accordance with |
Section 5-45 by the Secretary of State. The adoption of |
emergency rules authorized by Section 5-45 and this Section is |
deemed to be necessary for the public interest, safety, and |
|
welfare. |
This Section is repealed on January 1, 2021.
|
Section 15-30. The Secretary of State Merit Employment Code |
is amended by changing Section 8c as follows:
|
(15 ILCS 310/8c) (from Ch. 124, par. 108c)
|
Sec. 8c. Duties and powers of the Commission. The Merit |
Commission, in
addition to any other duties prescribed in this |
Act, shall have the following
duties and powers:
|
(1) Upon written recommendations by the Director of |
Personnel, to exempt
from jurisdiction B of this Act |
positions which, in the judgment of the
Commission, are by |
their nature highly confidential or involve principal
|
administrative responsibility for the determination of |
policy or principal
administrative responsibility for the |
way in which policies are carried
out. No position which |
has the powers of a law enforcement officer, except
|
executive security officers, may be exempted under this |
section.
|
(2) To require such special reports from the Director |
as it may consider
desirable.
|
(3) To disapprove original rules or any part thereof |
and any amendment
thereof within 30 calendar days after the |
submission of such rules to the
Merit Commission by the |
Director.
|
|
(4) To disapprove within 30 calendar days from date of |
submission the
position classification plan and any |
revisions thereof submitted by the
Director as provided in |
the rules.
|
(5) To hear appeals of employees who do not accept the |
allocation of their
positions under the classification |
plan.
|
(6) To hear and approve or disapprove written charges |
filed seeking the
discharge or demotion of employees or |
suspension totaling more than 30 calendar
days in any 12 |
month period, as provided in Section 9, appeals as provided
|
in Section 9a of this Act, and appeals from transfers from |
one geographical
area in the state to another, and in |
connection therewith to administer
oaths, subpoena |
witnesses and compel the production of books and papers.
|
(7) (Blank).
|
(8) To make an annual report regarding the work of the |
Commission to the
Secretary of State, such report to be a |
public record.
|
(9) If any violation of this Act is found, the |
Commission shall direct
compliance in writing.
|
(10) To appoint such employees, experts and special |
assistants as may
be necessary to carry out the powers and |
duties of the commission under
this Act. Employees, experts |
and special assistants so appointed by the
Commission shall |
be subject to jurisdictions A, B and C of this Act, except |
|
the Chairman of the Commission when serving as the |
Administrator of the Commission shall not be subject to |
jurisdictions A, B, and C of this Act.
|
(11) To promulgate rules and regulations necessary to
|
carry out and implement their powers and duties
under this |
Act, with authority to amend such rules from time to time
|
pursuant to The Illinois Administrative Procedure Act.
|
(12) Within one year of the effective date of this |
amendatory Act of 1985,
the Commission shall adopt rules |
and regulations which shall include all
Commission |
policies implementing its duties under Sections 8, 9, 10 |
and 15 of
this Act. These rules and regulations shall |
include, but not be limited to,
the standards and criteria |
used by the Commission and Hearing Officers in
making |
discretionary determinations during hearing procedures.
|
(13) To hear or conduct investigations as it deems |
necessary of appeals
of layoff filed by employees appointed |
under Jurisdiction B after examination,
provided that such |
appeals are filed within 15 calendar days following the
|
effective date of such layoff and are made on the basis |
that the provisions
of the Secretary of State Merit |
Employment Code or the rules promulgated
thereunder have |
been violated or have not been complied with. All hearings
|
shall be public. A decision shall be rendered within 60 |
days after receipt
of the transcript of the proceedings. |
The Commission shall order the
reinstatement of the |
|
employee if it is proven that the provisions of the
|
Secretary of State Merit Employment Code or the rules |
promulgated thereunder
have been violated or have not been |
complied with. In connection therewith the
Commission may |
administer oaths, subpoena witnesses, and compel the |
production
of books and papers. |
(14) Upon the Governor of the State of Illinois issuing |
a disaster declaration based on circumstances that may |
interfere with an employee's ability to exercise his or her |
rights under this Code, or that may prevent the Commission |
from performing its duties in a timely manner, the |
Commission may, by adoption of an emergency rule under |
Section 5-45 of the Illinois Administrative Procedure Act, |
extend for a period of up to 90 days beyond the expiration |
of the disaster proclamation any time limits set forth in |
this Code or in the Commission's rules, including but not |
limited to, the time limits for filing complaints, filing |
and serving other documents, holding of hearings and |
rendering of decisions. Upon a determination that |
circumstances necessitate additional time, the Commission |
may adopt one additional 90-day extension of time limits. |
No time limit shall be extended under this subsection |
beyond June 30, 2021.
|
(Source: P.A. 97-833, eff. 7-20-12.)
|
Section 15-32. The Illinois Finance Authority Act is |
|
amended by changing Section 801-25 as follows:
|
(20 ILCS 3501/801-25)
|
Sec. 801-25. All official acts of the Authority shall |
require the approval
of
at least 8 members. All meetings of the |
Authority and the Advisory Councils
shall be conducted in |
accordance with the Open Meetings Act. Eight members of the |
Authority shall constitute a quorum. Except as otherwise |
authorized in the Open Meetings Act, all All meetings shall
be |
conducted at a single location within this State with a quorum |
of members physically present at this location. Other members |
who are not physically present at this location may participate |
in the meeting and vote on all matters by means of a video or |
audio conference. The Auditor General shall conduct financial |
audits
and program audits of the Authority, in accordance with |
the Illinois State
Auditing Act.
|
(Source: P.A. 93-205, eff. 1-1-04; 93-1101, eff. 3-31-05.)
|
Section 15-35. The Illinois Procurement Code is amended by |
changing Section 1-13 as follows:
|
(30 ILCS 500/1-13) |
Sec. 1-13. Applicability to public institutions of higher |
education. |
(a) This Code shall apply to public institutions of higher |
education, regardless of the source of the funds with which |
|
contracts are paid, except as provided in this Section. |
(b) Except as provided in this Section, this Code shall not |
apply to procurements made by or on behalf of public |
institutions of higher education for any of the following: |
(1) Memberships in professional, academic, research, |
or athletic organizations on behalf of a public institution |
of higher education, an employee of a public institution of |
higher education, or a student at a public institution of |
higher education. |
(2) Procurement expenditures for events or activities |
paid for exclusively by revenues generated by the event or |
activity, gifts or donations for the event or activity, |
private grants, or any combination thereof. |
(3) Procurement expenditures for events or activities |
for which the use of specific potential contractors is |
mandated or identified by the sponsor of the event or |
activity, provided that the sponsor is providing a majority |
of the funding for the event or activity. |
(4) Procurement expenditures necessary to provide |
athletic, artistic or musical services, performances, |
events, or productions by or for a public institution of |
higher education. |
(5) Procurement expenditures for periodicals, books, |
subscriptions, database licenses, and other publications |
procured for use by a university library or academic |
department, except for expenditures related to procuring |
|
textbooks for student use or materials for resale or |
rental. |
(6) Procurement expenditures for placement of students |
in externships, practicums, field experiences, and for |
medical residencies and rotations. |
(7) Contracts for programming and broadcast license |
rights for university-operated radio and television |
stations. |
(8) Procurement expenditures necessary to perform |
sponsored research and other sponsored activities under |
grants and contracts funded by the sponsor or by sources |
other than State appropriations. |
(9) Contracts with a foreign entity for research or |
educational activities, provided that the foreign entity |
either does not maintain an office in the United States or |
is the sole source of the service or product. |
Notice of each contract entered into by a public institution of |
higher education that is related to the procurement of goods |
and services identified in items (1) through (9) of this |
subsection shall be published in the Procurement Bulletin |
within 14 calendar days after contract execution. The Chief |
Procurement Officer shall prescribe the form and content of the |
notice. Each public institution of higher education shall |
provide the Chief Procurement Officer, on a monthly basis, in |
the form and content prescribed by the Chief Procurement |
Officer, a report of contracts that are related to the |
|
procurement of goods and services identified in this |
subsection. At a minimum, this report shall include the name of |
the contractor, a description of the supply or service |
provided, the total amount of the contract, the term of the |
contract, and the exception to the Code utilized. A copy of any |
or all of these contracts shall be made available to the Chief |
Procurement Officer immediately upon request. The Chief |
Procurement Officer shall submit a report to the Governor and |
General Assembly no later than November 1 of each year that |
shall include, at a minimum, an annual summary of the monthly |
information reported to the Chief Procurement Officer. |
(b-5) Except as provided in this subsection, the provisions |
of this Code shall not apply to contracts for medical supplies, |
and to contracts for medical services necessary for the |
delivery of care and treatment at medical, dental, or |
veterinary teaching facilities utilized by Southern Illinois |
University or the University of Illinois and at any |
university-operated health care center or dispensary that |
provides care, treatment, and medications for students, |
faculty and staff. Other supplies and services needed for these |
teaching facilities shall be subject to the jurisdiction of the |
Chief Procurement Officer for Public Institutions of Higher |
Education who may establish expedited procurement procedures |
and may waive or modify certification, contract, hearing, |
process and registration requirements required by the Code. All |
procurements made under this subsection shall be documented and |
|
may require publication in the Illinois Procurement Bulletin. |
(b-10) Procurements made by or on behalf of the University |
of Illinois for investment services scheduled to expire June |
2020 may be extended through June 2021 without being subject to |
the requirements of this Code. Any contract extended, renewed, |
or entered pursuant to this exception shall be published on the |
Executive Ethics Commission's website within 5 days of contract |
execution. This subsection is inoperative on and after July 1, |
2021. |
(c) Procurements made by or on behalf of public |
institutions of higher education for the fulfillment of a grant |
shall be made in accordance with the requirements of this Code |
to the extent practical. |
Upon the written request of a public institution of higher |
education, the Chief Procurement Officer may waive contract, |
registration, certification, and hearing requirements of this |
Code if, based on the item to be procured or the terms of a |
grant, compliance is impractical. The public institution of |
higher education shall provide the Chief Procurement Officer |
with specific reasons for the waiver, including the necessity |
of contracting with a particular potential contractor, and |
shall certify that an effort was made in good faith to comply |
with the provisions of this Code. The Chief Procurement Officer |
shall provide written justification for any waivers. By |
November 1 of each year, the Chief Procurement Officer shall |
file a report with the General Assembly identifying each |
|
contract approved with waivers and providing the justification |
given for any waivers for each of those contracts. Notice of |
each waiver made under this subsection shall be published in |
the Procurement Bulletin within 14 calendar days after contract |
execution. The Chief Procurement Officer shall prescribe the |
form and content of the notice. |
(d) Notwithstanding this Section, a waiver of the |
registration requirements of Section 20-160 does not permit a |
business entity and any affiliated entities or affiliated |
persons to make campaign contributions if otherwise prohibited |
by Section 50-37. The total amount of contracts awarded in |
accordance with this Section shall be included in determining |
the aggregate amount of contracts or pending bids of a business |
entity and any affiliated entities or affiliated persons. |
(e) Notwithstanding subsection (e) of Section 50-10.5 of |
this Code, the Chief Procurement Officer, with the approval of |
the Executive Ethics Commission, may permit a public |
institution of higher education to accept a bid or enter into a |
contract with a business that assisted the public institution |
of higher education in determining whether there is a need for |
a contract or assisted in reviewing, drafting, or preparing |
documents related to a bid or contract, provided that the bid |
or contract is essential to research administered by the public |
institution of higher education and it is in the best interest |
of the public institution of higher education to accept the bid |
or contract. For purposes of this subsection, "business" |
|
includes all individuals with whom a business is affiliated, |
including, but not limited to, any officer, agent, employee, |
consultant, independent contractor, director, partner, |
manager, or shareholder of a business. The Executive Ethics |
Commission may promulgate rules and regulations for the |
implementation and administration of the provisions of this |
subsection (e). |
(f) As used in this Section: |
"Grant" means non-appropriated funding provided by a |
federal or private entity to support a project or program |
administered by a public institution of higher education and |
any non-appropriated funding provided to a sub-recipient of the |
grant. |
"Public institution of higher education" means Chicago |
State University, Eastern Illinois University, Governors State |
University, Illinois State University, Northeastern Illinois |
University, Northern Illinois University, Southern Illinois |
University, University of Illinois, Western Illinois |
University, and, for purposes of this Code only, the Illinois |
Mathematics and Science Academy. |
(g) (Blank).
|
(h) The General Assembly finds and declares that: |
(1) Public Act 98-1076, which took effect on January 1, |
2015, changed the repeal date set for this Section from |
December 31, 2014 to December 31, 2016. |
(2) The Statute on Statutes sets forth general rules on |
|
the repeal of statutes and the construction of multiple |
amendments, but Section 1 of that Act also states that |
these rules will not be observed when the result would be |
"inconsistent with the manifest intent of the General |
Assembly or repugnant to the context of the statute". |
(3) This amendatory Act of the 100th General Assembly |
manifests the intention of the General Assembly to remove |
the repeal of this Section. |
(4) This Section was originally enacted to protect, |
promote, and preserve the general welfare. Any |
construction of this Section that results in the repeal of |
this Section on December 31, 2014 would be inconsistent |
with the manifest intent of the General Assembly and |
repugnant to the context of this Code. |
It is hereby declared to have been the intent of the |
General Assembly that this Section not be subject to repeal on |
December 31, 2014. |
This Section shall be deemed to have been in continuous |
effect since December 20, 2011 (the effective date of Public |
Act 97-643), and it shall continue to be in effect henceforward |
until it is otherwise lawfully repealed. All previously enacted |
amendments to this Section taking effect on or after December |
31, 2014, are hereby validated. |
All actions taken in reliance on or pursuant to this |
Section by any public institution of higher education, person, |
or entity are hereby validated. |
|
In order to ensure the continuing effectiveness of this |
Section, it is set forth in full and re-enacted by this |
amendatory Act of the 100th General Assembly. This re-enactment |
is intended as a continuation of this Section. It is not |
intended to supersede any amendment to this Section that is |
enacted by the 100th General Assembly. |
In this amendatory Act of the 100th General Assembly, the |
base text of the reenacted Section is set forth as amended by |
Public Act 98-1076. Striking and underscoring is used only to |
show changes being made to the base text. |
This Section applies to all procurements made on or before |
the effective date of this amendatory Act of the 100th General |
Assembly. |
(Source: P.A. 100-43, eff. 8-9-17.)
|
Section 15-37. The Cook County Forest Preserve District Act |
is amended by changing Section 40 as follows:
|
(70 ILCS 810/40) (from Ch. 96 1/2, par. 6443)
|
Sec. 40.
The corporate authorities of forest preserve |
districts,
having the control or supervision of any forest |
preserves, may erect and
maintain within such forest preserves, |
under the control or supervision of
such corporate authorities, |
edifices to be used for the collection and
display of animals |
as customary in zoological parks, and may collect and
display |
such animals, or permit the directors or trustees of any |
|
zoological
society devoted to the purposes aforesaid to erect |
and maintain a
zoological park and to collect and display |
zoological collections within
any forest preserve now or |
hereafter under the control or supervision of
such forest |
preserve district, out of funds belonging to such zoological
|
society, or to contract with the directors or trustees of any |
zoological
society on such terms and conditions as may to such |
corporate authorities
seem best, relative to the erection, |
operation and maintenance of a
zoological park and the |
collection and display of such animals within such
forest |
preserve, out of the tax provided in Section 41.
|
Such forest preserve district may charge, or permit such
|
zoological society to charge an admission fee. The proceeds of |
such
admission fee shall be devoted exclusively to the |
operation and
maintenance of such zoological park and the |
collections therein. All
such zoological parks shall be open to |
the public without charge for a
period equivalent to 52 days |
each year. Beginning on the effective date of this amendatory |
Act of the 101st General Assembly through June 30, 2022, any |
such zoological parks shall be open to the public without |
charge for a period equivalent to 52 days. All such zoological |
parks shall be
open without charge to organized groups of |
children in attendance at
schools in the State. The managing |
authority of the zoological park may
limit the number of any |
such groups in any given day and may establish
other rules and |
regulations that reasonably ensure public safety,
|
|
accessibility, and convenience, including but not limited to |
standards of
conduct and supervision. Charges may be made at |
any time for special
services and for admission to special |
facilities within any zoological park
for the education, |
entertainment or convenience of visitors.
|
(Source: P.A. 86-1248.)
|
Section 15-40. The Forest Preserve Zoological Parks Act is |
amended by changing Section 1 as follows:
|
(70 ILCS 835/1) (from Ch. 96 1/2, par. 6801)
|
Sec. 1. The corporate authorities of forest preserve |
districts,
containing a population of 140,000 or more located |
in counties
of less than 3,000,000 inhabitants, having the |
control or
supervision of any forest preserves, may erect and |
maintain within such
forest preserves, under the control or |
supervision of such corporate
authorities, edifices to be used |
for the collection and display of
animals as customary in |
zoological parks, and may collect and display
such animals, or |
permit the directors or trustees of any zoological
society |
devoted to the purposes aforesaid to erect and maintain a
|
zoological park and to collect and display zoological |
collections within
any forest preserve now or hereafter under |
the control or supervision of
such forest preserve district, |
out of funds belonging to such zoological
society, or to |
contract with the directors or trustees of any zoological
|
|
society on such terms and conditions as may to such corporate
|
authorities seem best, relative to the erection, operation and
|
maintenance of a zoological park and the collection and display |
of such
animals within such forest preserve, out of the tax |
hereinafter in this
Act provided.
|
This Act applies to any forest preserve district that |
maintains a
zoological park that was established under this Act |
prior to 1964, regardless
of whether the population |
requirements continue to be met.
|
A forest preserve district, containing a population of |
140,000 or more, or the directors or trustees
of such |
zoological society when so authorized by the forest
preserve |
district, may (a) police the property of the zoological
park, |
(b) employ, establish, maintain and equip a security force
for |
fire and police protection of the zoological park and (c)
|
provide that the personnel of the security force shall perform
|
other tasks relating to the maintenance and operation of the
|
zoological park. Members of the security force shall be
|
conservators of the peace with all the powers of policemen
in |
cities and of sheriffs, other than to serve or execute
civil |
processes, but such powers may be exercised only within
the |
area comprising the zoological park when required to protect
|
the zoological park's property and interests, its personnel and
|
persons using the facilities or at the specific request of
|
appropriate federal, State or local law enforcement officials.
|
All otherwise lawful actions taken on or after August 13, 1978 |
|
(the effective date of Public Act 80-1364) and before the |
effective date of this amendatory Act of the 98th General |
Assembly by a forest preserve district or a zoological society |
located in a county of 3,000,000 or more in exercising the |
powers provided in this paragraph are hereby validated, |
notwithstanding Public Act 80-1364, which was a |
non-substantive combining revisory Act.
|
A forest preserve district, containing a population of |
140,000 or more located in counties
of less than 3,000,000 |
inhabitants, may charge, or permit such
zoological society to |
charge, an admission fee. The proceeds of such
admission fee |
shall be devoted exclusively to the operation and
maintenance |
of such zoological park and the collections therein. Except as |
otherwise provided in this Section, all All
such zoological |
parks shall be open to the public without charge
(i) a total |
number of days, to be scheduled at any time during the calendar
|
year,
equivalent to at least one day for each 7 days the |
zoological park is open
during the
calendar year and (ii) to |
the children in actual attendance
upon
any of the schools in |
the State at all times. Beginning on the effective date of this |
amendatory Act of the 101st General Assembly through June 30, |
2022, any such zoological park must be open to the public |
without charge: (i) a total number of days, to be scheduled at |
any time during the calendar year, equivalent to at least one |
day for each 14 days the zoological park is open during the |
calendar year; and (ii) to the children in actual attendance |
|
upon any of the schools in the State at all times. The managing |
authority of the
zoological park may limit the number of
school |
groups
that may attend the zoo on any given day and may |
establish other rules and
regulations
that reasonably ensure |
public safety, accessibility, and convenience, including
|
without
limitation standards of conduct and supervision. |
Charges may be
made at any time for special services and for |
admission to special
facilities within any zoological park for |
the education, entertainment
or convenience of visitors.
|
(Source: P.A. 98-500, eff. 8-16-13.)
|
Section 15-45. The Park District Aquarium and Museum Act is |
amended by changing Section 1 as follows:
|
(70 ILCS 1290/1) (from Ch. 105, par. 326)
|
Sec. 1. Erect, operate, and maintain aquariums and museums. |
The corporate authorities of cities and park districts having
|
control or supervision over any public park or parks, including |
parks located on formerly submerged land, are hereby authorized
|
to purchase, erect, and maintain within any such public park or |
parks edifices to be used
as aquariums or as museums of art, |
industry, science, or natural or other
history, including |
presidential libraries, centers, and museums, such aquariums |
and museums consisting of all facilities for their collections, |
exhibitions, programming, and associated initiatives, or to |
permit the directors or trustees of any corporation or
society |
|
organized for the construction or maintenance and operation of |
an
aquarium or museum as hereinabove described to erect, |
enlarge, ornament,
build, rebuild, rehabilitate, improve, |
maintain, and operate its aquarium or
museum within any public |
park now or hereafter under the control
or supervision of any |
city or park district, and to contract with any such
directors |
or trustees of any such aquarium or museum relative to
the |
erection, enlargement, ornamentation, building, rebuilding,
|
rehabilitation, improvement, maintenance, ownership, and |
operation of such aquarium or museum. Notwithstanding the |
previous sentence, a city or park district may enter into a |
lease for an initial term not to exceed 99 years, subject to |
renewal, allowing a corporation or society as hereinabove |
described to erect,
enlarge, ornament, build, rebuild, |
rehabilitate, improve, maintain, and operate its aquarium or |
museum, together with grounds immediately adjacent to such |
aquarium or museum, and to use, possess, and occupy grounds |
surrounding such aquarium or museum as hereinabove described |
for the purpose of beautifying and maintaining such grounds in |
a manner consistent with the aquarium or museum's purpose, and |
on the conditions that (1) the public is allowed access to such |
grounds in a manner consistent with its access to other public |
parks, and (2) the city or park district retains a reversionary |
interest in any improvements made by the corporation or society |
on the grounds, including the aquarium or museum itself, that |
matures upon the expiration or lawful termination of the lease. |
|
It is hereby reaffirmed and found that the aquariums and |
museums as described in this Section, and their collections, |
exhibitions, programming, and associated initiatives, serve |
valuable public purposes, including, but not limited to, |
furthering human knowledge and understanding, educating and |
inspiring the public, and expanding recreational and cultural |
resources and opportunities. Any city or
park district may |
charge, or permit such an aquarium or museum to charge,
an |
admission fee. Any such aquarium or museum,
however, shall be |
open without charge, when
accompanied by a teacher, to the |
children in actual attendance upon grades
kindergarten through |
twelve in any of the schools in this State at all
times. In |
addition, except as otherwise provided in this Section, any |
such aquarium or museum must be open to persons who reside in |
this State without
charge
for a period equivalent to 52 days, |
at least 6 of which must be during the
period from June through |
August, each year.
Beginning on the effective date of this |
amendatory Act of the 101st General Assembly through June 30, |
2022, any such aquarium or museum must be open to persons who |
reside in this State without charge for a period equivalent to |
52 days, at least 6 of which must be during the period from |
June through August, 2021. Notwithstanding said provisions, |
charges may be made at any
time for
special services and for |
admission to special facilities within any
aquarium or museum |
for the education, entertainment, or convenience of
visitors. |
The proceeds of such admission fees and charges for special
|
|
services and special facilities shall be devoted exclusively to |
the
purposes for which the tax authorized by Section 2 hereof |
may be used. If
any owner or owners of any lands or lots |
abutting or fronting on any such
public park, or adjacent |
thereto, have any private right, easement,
interest or property |
in such public park appurtenant to their lands or lots
or |
otherwise, which would be interfered with by the erection and
|
maintenance of any aquarium or museum as hereinbefore provided, |
or any
right to have such public park remain open or vacant and |
free from
buildings, the corporate authorities of the city or |
park district having
control of such park, may condemn the same |
in the manner prescribed for the
exercise
of the right of |
eminent domain under the Eminent Domain Act. The changes made |
to this Section by this amendatory Act of the 99th General |
Assembly are declaratory of existing law and shall not be |
construed as a new enactment.
|
(Source: P.A. 99-3, eff. 1-1-16.)
|
Section 15-50. The Illinois Vehicle Code is amended by |
adding Section 2-129 as follows:
|
(625 ILCS 5/2-129 new) |
Sec. 2-129. Expiration dates. All expiration periods set |
forth in this Code shall be subject to the provisions of |
Section 30 of the Secretary of State Act.
|
|
ARTICLE 20. MUNICIPAL BUDGET
|
Section 20-5. The Illinois Municipal Code is amended by |
changing Sections 8-2-9 and 8-2-9.4 as follows:
|
(65 ILCS 5/8-2-9) (from Ch. 24, par. 8-2-9)
|
Sec. 8-2-9.
In municipalities with less than 500,000 |
inhabitants, except as otherwise provided in this Section, the
|
corporate authorities shall pass an ordinance within the first |
quarter
of each fiscal year, to be termed the annual |
appropriation ordinance. On and after January 1, 2020, if a |
disaster, state of emergency, or national emergency is declared |
within the 60 days preceding the end of the first quarter of a |
municipality's fiscal year and the disaster, emergency, or |
declaration impacts the municipality, the time limit to pass |
the annual appropriation ordinance shall be extended for the |
duration of the disaster or emergency and for 60 days |
thereafter. During the extended period, the municipality may |
expend sums of money up to amounts budgeted or appropriated for |
those objects and purposes in the previous fiscal year to |
defray all necessary expenses and liabilities of the |
municipality. In
this ordinance, the corporate authorities (i) |
may appropriate sums
of money deemed necessary to defray all |
necessary expenses and
liabilities of the municipalities, |
including the amounts to be deposited
in the reserves provided |
for in the Illinois Pension Code and (ii) shall
specify the |
|
objects and purposes for which these appropriations are made
|
and the amount appropriated for each object or purpose. Among |
the objects
and purposes specified shall be the reserves |
provided for in the Illinois
Pension Code. Except as otherwise |
provided, no further
appropriations shall be made at any other |
time within the same fiscal
year, unless a proposition to make |
each additional appropriation has
been first sanctioned by a |
petition signed by electors of the
municipality numbering more |
than 50% of the number of votes cast for the
candidates for |
mayor or president at the last preceding general
municipal |
election at which a mayor or president was elected, by a
|
petition signed by them, or by a majority of those voting on |
the
question at a regular election or at an emergency |
referendum authorized in
accordance with the general election |
law. The corporate authorities may by
ordinance initiate the |
submission of the proposition. During any fiscal
year, the |
corporate authorities in municipalities subject to this |
Section
may adopt a supplemental appropriation ordinance in an |
amount not in excess
of the aggregate of any additional revenue |
available to the
municipality, or estimated to be received by |
the municipality after
the adoption of the annual appropriation |
ordinance for that fiscal
year, or from fund balances available |
when the annual appropriation
ordinance was adopted but that |
were not appropriated at that time.
The provisions of this |
Section prohibiting further appropriations without
sanction by |
petition or election shall not be applicable to the
|
|
supplemental appropriation for that fiscal year. The corporate |
authorities
at any time, however, by a two-thirds vote of all |
the members of the body,
may make transfers within any |
department or other separate agency of the
municipal government |
of sums of money appropriated for one corporate object
or |
purpose to another corporate object or purpose, but no |
appropriation for
any object or purpose shall thereby be |
reduced below an amount sufficient
to cover all obligations |
incurred or to be incurred against the
appropriation. Nothing |
in this Section shall deprive the corporate
authorities of the |
power to provide for and cause to be paid from the funds
of the |
municipality any charge imposed by law without the action of |
the
corporate authorities, the payment of which is ordered by a |
court of
competent jurisdiction.
|
At least 10 days before the adoption of the annual |
appropriation
ordinance, the corporate authorities of |
municipalities over 2,000 in
population shall make the proposed |
appropriation ordinance or a formally
prepared appropriation |
or budget document upon which the annual
appropriation |
ordinance will be based conveniently available to public
|
inspection. In addition, the corporate authorities shall hold |
at least one
public hearing on that proposed appropriation |
ordinance. Notice of this
hearing shall be given publication in |
one or more newspapers published in
the municipality or, if |
there is none published in the municipality, in a
newspaper |
published in the county and having general circulation in the
|
|
municipality at least 10 days before the time of the public |
hearing. The
notice shall state the time and place of the |
hearing and the place where
copies of the proposed |
appropriation ordinance or formally prepared
appropriation or |
budget document will be accessible for examination. The
annual |
appropriation ordinance may be adopted at the same meeting at |
which
the public hearing is held or at any time after that |
public hearing.
|
After the public hearing and before final action is taken |
on the
appropriation ordinance, the corporate authorities may |
revise, alter,
increase, or decrease the items contained in the |
ordinance.
|
Notwithstanding any above provision of this Section, any
|
municipality in which Article 5 becomes effective after the |
annual
appropriation ordinance has been passed for the current |
fiscal year may
amend the appropriation ordinance in any manner |
necessary to make
Article 5 fully operative in that |
municipality for that fiscal year. No
amendment shall be |
construed, however, to affect any tax levy
made on the basis of |
the original appropriation ordinance.
|
This Section does not apply to municipalities operating |
under
special charters.
|
(Source: P.A. 86-1470; 87-365.)
|
(65 ILCS 5/8-2-9.4) (from Ch. 24, par. 8-2-9.4)
|
Sec. 8-2-9.4.
Passage of the annual budget by the corporate |
|
authorities
shall be in lieu of passage of the appropriation |
ordinance as required by
Section 8-2-9 of this Act. The annual |
budget need not be published except
in a manner provided for in |
Section 8-2-9.9. Except as otherwise provided in this Section, |
the The annual budget shall be
adopted by the corporate |
authorities before the beginning of the fiscal
year to which it |
applies. On and after January 1, 2020, if a disaster, state of |
emergency, or national emergency is declared within 60 days of |
the end of a municipality's fiscal year and the disaster, |
emergency, or declaration impacts the municipality, the time |
limit to pass the annual budget shall be extended for the |
duration of the disaster or emergency and for 60 days |
thereafter. During the extended period, the municipality may |
expend sums of money up to amounts budgeted or appropriated for |
those objects and purposes in the previous fiscal year to |
defray all necessary expenses and liabilities of the |
municipality.
|
(Source: P.A. 76-1117.)
|
ARTICLE 25. BUSINESS INTERRUPTION INSURANCE
|
Section 25-5. The Department of Insurance Law of the
Civil |
Administrative Code of Illinois is amended by adding Section |
1405-32 as follows:
|
(20 ILCS 1405/1405-32 new) |
|
Sec. 1405-32. Task force on business interruption |
insurance policies. The Department of Insurance shall appoint a |
task force on business interruption insurance policies |
consisting of no more than 10 members representing the |
Department of Insurance and the insurance industry. The Task |
Force shall include a representative from a national trade |
association, based in the State of Illinois, that represents |
insurers who provide a significant segment of market share of |
the commercial insurance provided in the State of Illinois. The |
Task Force shall study the impacts of the COVID-19 pandemic on |
businesses and the need for changes to business interruption |
insurance policies based on those impacts, including |
recommendations for legislation. |
Task Force members shall serve without compensation but may |
be reimbursed for their expenses incurred in performing their |
duties. |
The Department of Insurance shall provide administrative |
and other support to the Task Force. |
The Task Force shall submit the report of its findings and |
recommendations to the Governor and the General Assembly by |
December 31, 2020. The Task Force is dissolved, and this |
Section is repealed, on December 31, 2021.
|
ARTICLE 99. MISCELLANEOUS PROVISIONS
|
Section 99-99. Effective date. This Act takes effect upon |
becoming law.
|
