SB2232 102ND GENERAL ASSEMBLY

LRB102 16412 AWJ 21802 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2232

Introduced 2/26/2021, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-45.8 new
15 ILCS 305/30
75 ILCS 10/8.1	from Ch. 81, par. 118.1
75 ILCS 10/8.4	from Ch. 81, par. 118.4

Amends the Secretary of State Act. Modifies provisions concerning emergency powers to further allow the Secretary of State to adopt emergency rules concerning the expiration dates of driver's licenses, driving permits, monitoring device driving permits, restricted driving permits, identification cards, disabled parking placards and decals, and vehicle registrations. Removes provisions requiring the Governor to issue a statewide disaster proclamation in order for the Secretary of State to exercise specified powers. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Repeals provisions on January 1, 2022. Makes conforming changes. Amends the Illinois Library System Act. Increases the maximum per capita amount for State Librarian grants to public libraries from $1.25 per capita to $1.475 per capita. Increases State Librarian grants to school libraries from $0.75 per student to $0.885 per student and provides that the State Librarian shall endeavor to provide each school district that has a qualifying school library a total grant of at least $850 (rather than $750). Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Administrative Procedure Act is amended by adding Section 5-45.8 as follows:

(5 ILCS 100/5-45.8 new)

Sec. 5-45.8. Emergency rulemaking; Secretary of State emergency powers. To provide for the expeditious and timely implementation of the extension provisions of Section 30 of the Secretary of State Act, emergency rules implementing the extension provisions of Section 30 of the Secretary of State Act may be adopted in accordance with Section 5-45 by the Secretary of State. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed on January 1, 2022.

Section 10. The Secretary of State Act is amended by changing Section 30 as follows:

(15 ILCS 305/30)

(Section scheduled to be repealed on June 30, 2021)

Sec. 30. Emergency powers.

(a) In response to the ongoing public health disaster caused by Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness that spreads rapidly through respiratory transmissions, and the need to regulate the number of individuals entering a Secretary of State facility at any one time in order to prevent the spread of the disease, the Secretary of State is hereby given the authority to adopt emergency rulemakings, as provided under subsection (b), and to adopt permanent administrative rules extending until no later than June 30, 2021, the expiration dates of driver's licenses, driving permits, monitoring device driving permits, restricted driving permits, identification cards, disabled parking placards and decals, and vehicle registrations that were issued with expiration dates on or after January 1, 2020. If, as of May 1, 2021, there remains in effect a proclamation issued by the Governor of the State of Illinois declaring a statewide disaster in response to the outbreak of COVID-19, the Secretary may further extend such expiration dates until no later than December 31, 2021. Upon the Governor of the State of Illinois issuing a statewide disaster proclamation based on a health pandemic or similar emergency, the Secretary may extend for the duration of the proclaimed disaster and for up to a period of 120 days beyond the expiration of the disaster proclamation:

(1) the expiration dates of driver's licenses, driving permits, identification cards, disabled parking placards and decals, and vehicle registrations; and

(2) the expiration dates of professional licenses, registrations, certifications and commissions issued by the Secretary, including but not limited to, vehicle dealership licenses, commercial driver training school licenses, and securities, broker and investment adviser registrations.

After the initial 120-day extension, the Secretary may adopt subsequent 30-day extensions only upon a determination that circumstances necessitate additional extensions. The Secretary must adopt any subsequent 30-day extension prior to the previous lapsing.

(a-5) During the period of any extensions implemented pursuant to this Section, all driver's licenses, driving permits, monitoring device driving permits, restricted driving permits, identification cards, disabled parking placards and decals, and vehicle registrations shall be subject to any terms and conditions under which the original document was issued.

(b) To provide for the expeditious and timely implementation of this amendatory Act of the 101st General Assembly, any emergency rules to implement the extension provisions of this Section must be adopted by the Secretary of State, subject to the provisions of Section 5-45 of the Illinois Administrative Procedure Act. Any such rule shall:

(1) (blank); identify the disaster proclamation authorizing the rulemaking;

(2) set forth the expirations being extended (for example, "this extension shall apply to all driver's licenses, driving permits, monitoring device driving permits, restricted driving permits, identification cards, disabled parking placards and decals, and vehicle registrations expiring on [date] through [date]"); and

(3) set forth the date on which the extension period becomes effective, and the date on which the extension will terminate if not extended by subsequent emergency rulemaking.

(c) Where the renewal of any driver's license, driving permit, monitoring device driving permit, restricted driving permit, identification card, disabled parking placard or decal, or vehicle registration, or professional license, registration, certification or commission has been extended pursuant to this Section, it shall be renewed during the period of an extension. Any such renewal shall be from the original expiration date and shall be subject to the full fee which would have been due had the renewal been issued based on the original expiration date, except that no late filing fees or penalties shall be imposed.

(d) All law enforcement agencies in the State of Illinois and all State and local governmental entities shall recognize the validity of, and give full legal force to, extensions granted pursuant to this Section.

(e) Upon the request of any person or entity whose driver's license, driving permit, monitoring device driving permit, restricted driving permit, identification card, disabled parking placard or decal, or vehicle registration, or professional license, registration, certification or commission has been subject to an extension under this Section, the Secretary shall issue a statement verifying the extension was issued pursuant to Illinois law, and requesting any foreign jurisdiction to honor the extension.

(f) This Section is repealed on January 1, 2022 June 30, 2021.

(Source: P.A. 101-640, eff. 6-12-20.)

Section 15. The Illinois Library System Act is amended by changing Sections 8.1 and 8.4 as follows:

(75 ILCS 10/8.1) (from Ch. 81, par. 118.1)

Sec. 8.1. The State Librarian shall make grants annually under this Section to all qualified public libraries in the State from funds appropriated by the General Assembly. Such grants shall be in the amount of up to $1.475 $1.25 per capita for the population of the area served by the respective public library and, in addition, the amount of up to $0.19 per capita to libraries serving populations over 500,000 under the Illinois Major Urban Library Program. If the moneys appropriated for grants under this Section fail to meet the $1.475 $1.25 and the $0.19 per capita amounts above, the funding shall be decreased pro rata so that qualifying public libraries receive the same amount per capita. If the moneys appropriated for grants under this Section exceed the $1.475 $1.25 and the $0.19 per capita amounts above, the funding shall be increased pro rata so that qualifying public libraries receive the same amount per capita.

To be eligible for grants under this Section, a public library must:

(1) Provide, as determined by the State Librarian, library services which either meet or show progress toward meeting the Illinois library standards, as most recently adopted by the Illinois Library Association.

(2) Be a public library for which is levied a tax for library purposes at a rate not less than .13% or a county library for which is levied a tax for library purposes at a rate not less than .07%. If a library is subject to the Property Tax Extension Limitation Law in the Property Tax Code and its tax levy for library purposes has been lowered to a rate of less than .13%, this requirement will be waived if the library qualified for this grant in the previous year and if the tax levied for library purposes in the current year produces tax revenue for library purposes that is an increase over the previous year's extension of 5% or the percentage increase in the Consumer Price Index, whichever is less. Beginning in State Fiscal Year 2012, the eligibility requirement in this subsection shall be waived if a library's tax levy for library purposes has been lowered to a rate of less than 0.13%, and the State Librarian determines that the library (i) continues to meet the requirements of item (1) of this Section and (ii) received a grant under this Section in the previous fiscal year.

Any other language in this Section to the contrary notwithstanding, grants under this Section 8.1 shall be made only upon application of the public library concerned, which applications shall be entirely voluntary and within the sole discretion of the public library concerned.

In order to be eligible for a grant under this Section, the corporate authorities, in lieu of a tax levy at a particular rate, may provide funds from other sources, an amount equivalent to the amount to be produced by that levy.

(Source: P.A. 99-186, eff. 7-29-15; 99-619, eff. 7-22-16.)

(75 ILCS 10/8.4) (from Ch. 81, par. 118.4)

Sec. 8.4. School library grants. Beginning July 1, 1989, the State Librarian shall make grants annually under this Section to all school districts in the State for the establishment and operation of qualified school libraries, or the additional support of existing qualified school libraries, from funds appropriated by the General Assembly. Such grants shall be in the amount of $0.885 $0.75 per student as determined by the official enrollment as of the previous September 30 of the respective school having a qualified school library. If the moneys appropriated for grants under this Section are not sufficient, the State Librarian shall reduce the amount of the grants as necessary; in making these reductions, the State Librarian shall endeavor to provide each school district that has a qualifying school library (i) at least the same amount per student as the district received under this Section in the preceding fiscal year, and (ii) a total grant of at least $850 $750, which, in the event of an insufficient appropriation, shall not be reduced to a total grant of less than $100.

To qualify for grants under this Section, a school library must:

(1) Be an entity which serves the basic information and library needs of the school's employees and students through a bibliographically organized collection of library materials, has at least one employee whose primary duty is to serve as a librarian, and has a collection permanently supported financially, accessible centrally, and occupying identifiable quarters in one principal location.

(2) Meet the requirements for membership in a library system under the provisions of this Act.

(3) Have applied for membership in the library system of jurisdiction if the system is a multitype library system under this Act.

(4) Provide, as mutually determined by the Illinois State Librarian and the Illinois State Board of Education, library services which either meet or show progress toward meeting the Illinois school library standards as most recently adopted by the Illinois School Library Media Association.

(5) Submit a statement certifying that the financial support for the school library or libraries of the applying school district has been maintained undiminished, or if diminished, the percentage of diminution of financial support is no more than the percentage of diminution of the applying school's total financial support for educational and operations purposes since the submission of the last previous application of the school district for the school library per student grant that was funded.

Grants under this Section shall be made only upon application of the school district for its qualified school library or school libraries.

(Source: P.A. 95-976, eff. 9-22-08.)

Section 99. Effective date. This Act takes effect upon becoming law.