SB2231 102ND GENERAL ASSEMBLY

LRB102 16569 RJF 21966 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2231

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

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-45.8 new
15 ILCS 305/30

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, vehicle emissions testing requirements, 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 the adoption of emergency rules. Repeals provisions on January 1, 2022. Effective immediately.

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 Sections 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This Section is repealed on January 1, 2022.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(Section scheduled to be repealed on June 30, 2021)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.

(a-10) During the period of any extensions implemented pursuant to this Section, all deadlines for vehicle emissions testing requirements shall be extended and any Secretary of State facility, as well the website of the Secretary, shall indicate that emissions tests are not required.

(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, vehicle emissions testing requirements, 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, vehicle emissions testing requirements, 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 99. Effective date. This Act takes effect upon becoming law.