HB1437 Enrolled LRB104 08139 SPS 18185 b
1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Article 1.
5		Section 1-5. The Election Code is amended by changing
6		Section 1-20.1 as follows:
7		(10 ILCS 5/1-20.1)
8		(Section scheduled to be repealed on January 1, 2026)
9		Sec. 1-20.1. Task Force to Review Eligibility to Hold
10		Public Office.
11		(a) The Task Force to Review Eligibility to Hold Public
12		Office is created. The purpose of the Task Force is to review
13		what criminal conduct precludes a person from holding public
14		office in this State and to make recommendations as to what
15		criminal conduct should preclude an individual from holding
16		public office.
17		(b) The Task Force shall be comprised of the following
18		members:
19		(1) The president of a statewide bar association or
20		his or her designee, the executive director of a statewide
21		association advocating for the advancement of civil
22		liberties or his or her designee, an executive director of

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1		a legal aid organization or statewide association with a
2		practice group dedicated to or focused on returning
3		citizen expungements and sealing of criminal records, all
4		appointed by the Governor.
5		(2) 4 members of the public, one appointed by each of
6		the following: the Speaker of the House of
7		Representatives; the Minority Leader of the House of
8		Representatives; the President of the Senate; and the
9		Minority Leader of the Senate.
10		(3) 2 individuals who have been formerly incarcerated,
11		appointed by the Governor.
12		(4) The Attorney General or his or her designee.
13		(5) 2 individuals from the Illinois Sentencing Policy
14		Advisory Council appointed by the Executive Director.
15		(6) 2 State Representatives appointed by the Speaker
16		of the House of Representatives; 2 State Representatives
17		appointed by the Minority Leader of the House of
18		Representatives; 2 State Senators appointed by the
19		President of the Senate; 2 State Senators appointed by the
20		Minority Leader of the Senate.
21		The members of the Task Force shall serve without
22		compensation. All appointments under this subsection must be
23		made within 30 days after the effective date of this
24		amendatory Act of the 104th 103rd General Assembly.
25		(c) The State Board of Elections shall provide
26		administrative and technical support to the Task Force and be

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1		responsible for administering its operations and ensuring that
2		the requirements of the Task Force are met. The Executive
3		Director of the State Board of Elections shall appoint a
4		cochairperson for the Task Force and the President of the
5		Senate and the Speaker of the House of Representatives shall
6		jointly appoint a cochairperson for the Task Force.
7		(d) The Task Force shall meet at least 4 times with the
8		first meeting occurring within 60 days after the effective
9		date of this amendatory Act of the 104th 103rd General
10		Assembly. The Executive Director of the State Board of
11		Elections shall designate the day, time, and place for each
12		meeting of the Task Force.
13		(e) The Task Force shall review what conduct currently
14		precludes an individual from holding public office in this
15		State; the policy rationale for precluding an individual from
16		holding public office based on certain criminal conduct;
17		available research and best practices for restoring returning
18		individuals to full citizenship; and the processes of
19		restoration of eligibility to hold public office in this
20		State. After this review, the Task Force shall make
21		recommendations as to what criminal conduct shall preclude an
22		individual from holding public office in this State.
23		(f) The Task Force shall produce a report detailing the
24		Task Force's findings and recommendations and needed
25		resources. The Task Force shall submit a report of its
26		findings and recommendations to the General Assembly and the

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1		Governor by May 1, 2027 2025.
2		(g) This Section is repealed on January 1, 2028 2026.
3		(Source: P.A. 103-562, eff. 11-17-23.)
4		Section 1-10. The Illinois Act on the Aging is amended by
5		changing Section 8.10 as follows:
6		(20 ILCS 105/8.10)
7		(Section scheduled to be repealed on May 16, 2026)
8		Sec. 8.10. The Illinois Commission on LGBTQ Aging.
9		(a) Commission purpose. The Commission is created to
10		investigate, analyze, and study the health, housing,
11		financial, psychosocial, home-and-community-based services,
12		assisted living, and long-term care needs of LGBTQ older
13		adults and their caregivers. The Commission shall make
14		recommendations to improve access to benefits, services, and
15		supports for LGBTQ older adults and their caregivers. The
16		Commission, in formulating its recommendations, shall take
17		into account the best policies and practices in other states
18		and jurisdictions. Specifically, the Commission shall:
19		(1) Examine the impact of State and local laws,
20		policies, and regulations on LGBTQ older adults and make
21		recommendations to ensure equitable access, treatment,
22		care and benefits, and overall quality of life.
23		(2) Examine best practices for increasing access,
24		reducing isolation, preventing abuse and exploitation,

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1		promoting independence and self-determination,
2		strengthening caregiving, eliminating disparities, and
3		improving overall quality of life for LGBTQ older adults.
4		(3) Examine the impact of race, ethnicity, sex
5		assigned at birth, socioeconomic status, disability,
6		sexual orientation, gender identity, and other
7		characteristics on access to services for LGBTQ older
8		adults and make recommendations to ensure equitable
9		access, treatment, care, and benefits and overall quality
10		of life.
11		(4) Examine the experiences and needs of LGBTQ older
12		adults living with HIV/AIDS and make recommendations to
13		ensure equitable access, treatment, care, benefits, and
14		overall quality of life.
15		(5) Examine strategies to increase provider awareness
16		of the needs of LGBTQ older adults and their caregivers
17		and to improve the competence of and access to treatment,
18		services, and ongoing care, including preventive care.
19		(6) Examine the feasibility of developing statewide
20		training curricula to improve provider competency in the
21		delivery of culturally responsive health, housing, and
22		long-term support services to LGBTQ older adults and their
23		caregivers.
24		(7) Assess the funding and programming needed to
25		enhance services to the growing population of LGBTQ older
26		adults.

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1		(8) Examine whether certain policies and practices, or
2		the absence thereof, promote the premature admission of
3		LGBTQ older adults to institutional care, and examine
4		whether potential cost-savings exist for LGBTQ older
5		adults as a result of providing lower cost and culturally
6		responsive home and community-based alternatives to
7		institutional care.
8		(9) Examine outreach protocols to reduce apprehension
9		among LGBTQ older adults and caregivers of utilizing
10		mainstream providers.
11		(10) Evaluate the implementation status of Public Act
12		101-325.
13		(11) Evaluate the implementation status of Public Act
14		102-543, examine statewide strategies for the collection
15		of sexual orientation and gender identity data and the
16		impact of these strategies on the provision of services to
17		LGBTQ older adults, and conduct a statewide survey
18		designed to approximate the number of LGBTQ older adults
19		in the State and collect demographic information (if
20		resources allow for the implementation of a survey
21		instrument).
22		(b) Commission members.
23		(1) The Commission shall include at least all of the
24		following persons who must be appointed by the Governor
25		within 60 days after the effective date of this amendatory
26		Act of the 102nd General Assembly:

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1		(A) one member from a statewide organization that
2		advocates for older adults;
3		(B) one member from a national organization that
4		advocates for LGBTQ older adults;
5		(C) one member from a community-based, multi-site
6		healthcare organization founded to serve LGBTQ people;
7		(D) the director of senior services from a
8		community center serving LGBTQ people, or the
9		director's designee;
10		(E) one member from an HIV/AIDS service
11		organization;
12		(F) one member from an organization that is a
13		project incubator and think tank that is focused on
14		action that leads to improved outcomes and
15		opportunities for LGBTQ communities;
16		(G) one member from a labor organization that
17		provides care and services for older adults in
18		long-term care facilities;
19		(H) one member from a statewide association
20		representing long-term care facilities;
21		(I) 5 members from organizations that serve Black,
22		Asian-American, Pacific Islander, Indigenous, or
23		Latinx LGBTQ people;
24		(J) one member from a statewide organization for
25		people with disabilities; and
26		(K) 10 LGBTQ older adults, including at least:

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1		(i) 3 members who are transgender or
2		gender-expansive individuals;
3		(ii) 2 members who are older adults living
4		with HIV;
5		(iii) one member who is Two-Spirit;
6		(iv) one member who is an African-American or
7		Black individual;
8		(v) one member who is a Latinx individual;
9		(vi) one member who is an Asian-American or
10		Pacific Islander individual; and
11		(vii) one member who is an ethnically diverse
12		individual.
13		(2) The following State agencies shall each designate
14		one representative to serve as an ex officio member of the
15		Commission: the Department, the Department of Public
16		Health, the Department of Human Services, the Department
17		of Healthcare and Family Services, and the Department of
18		Veterans Affairs.
19		(3) Appointing authorities shall ensure, to the
20		maximum extent practicable, that the Commission is diverse
21		with respect to race, ethnicity, age, sexual orientation,
22		gender identity, gender expression, and geography.
23		(4) Members of the Commission shall serve until this
24		Section is repealed. Members shall continue to serve until
25		their successors are appointed. Any vacancy shall be
26		filled by the appointing authority. Any vacancy occurring

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1		other than by the dissolution of the Commission shall be
2		filled for the balance of the unexpired term. Members of
3		the Commission shall serve without compensation but shall
4		be reimbursed for expenses necessarily incurred in the
5		performance of their duties.
6		(c) Commission organization. The Commission shall provide
7		for its organization and procedure, including selection of the
8		chairperson and vice-chairperson. A majority of the Commission
9		shall constitute a quorum for the transaction of business.
10		Administrative and other support for the Commission shall be
11		provided by the Department. Any State agency under the
12		jurisdiction of the Governor shall provide testimony and
13		information as directed by the Commission.
14		(d) Meetings and reports. The Commission shall:
15		(1) Hold at least one public meeting per quarter.
16		Public meetings may be virtually conducted.
17		(2) Prepare and submit an annual report to the
18		Governor, the Illinois General Assembly, the Director, and
19		the Illinois Council on Aging that details the progress
20		made toward achieving the Commission's stated objectives
21		and that contains findings and recommendations, including
22		any recommended legislation. The annual report shall be
23		made available to the public on the Department's publicly
24		accessible website.
25		(3) Submit, by no later than March 30, 2027 2026, a
26		final report in the same manner as an annual report,

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1		detailing the work the Commission has done since its
2		inception and providing the findings and recommendations,
3		including any recommended legislation. The final report
4		shall be made available to the public on the Department's
5		publicly accessible website.
6		The Department and Commission may collaborate with an
7		institution of higher education in Illinois to compile the
8		reports required under this Section.
9		(e) This Section is repealed July 1, 2027 May 16, 2026.
10		(Source: P.A. 103-1059, eff. 12-20-24; 104-234, eff. 8-15-25.)
11		Section 1-12. The Children and Family Services Act is
12		amended by changing Section 5.27 as follows:
13		(20 ILCS 505/5.27)
14		(Section scheduled to be repealed on January 1, 2026)
15		Sec. 5.27. Holistic Mental Health Care for Youth in Care
16		Task Force.
17		(a) The Holistic Mental Health Care for Youth in Care Task
18		Force is created. The Task Force shall review and make
19		recommendations regarding mental health and wellness services
20		provided to youth in care, including a program of holistic
21		mental health services provided 30 days after the date upon
22		which a youth is placed in foster care, in order to determine
23		how to best meet the mental health needs of youth in care.
24		Additionally, the Task Force shall:

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1		(1) assess the capacity of State licensed mental
2		health professionals to provide preventive mental health
3		care to youth in care;
4		(2) review the current payment rates for mental health
5		providers serving the youth in care population;
6		(3) evaluate the process for smaller private practices
7		and agencies to bill through managed care, evaluate
8		delayed payments to mental health providers, and recommend
9		improvements to make billing practices more efficient;
10		(4) evaluate the recruitment and retention of mental
11		health providers who are persons of color to serve the
12		youth in care population; and
13		(5) any other relevant subject and processes as deemed
14		necessary by the Task Force.
15		(b) The Task Force shall have 9 members, comprised as
16		follows:
17		(1) The Director of Healthcare and Family Services or
18		the Director's designee.
19		(2) The Director of Children and Family Services or
20		the Director's designee.
21		(3) A member appointed by the Governor from the Office
22		of the Governor who has a focus on mental health issues.
23		(4) Two members from the House of Representatives,
24		appointed one each by the Speaker of the House of
25		Representatives and the Minority Leader of the House of
26		Representatives.

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1		(5) Two members of the Senate, appointed one each by
2		the President of the Senate and the Minority Leader of the
3		Senate.
4		(6) One member who is a former youth in care,
5		appointed by the Governor.
6		(7) One representative from the managed care entity
7		managing the YouthCare program, appointed by the Director
8		of Healthcare and Family Services.
9		Task Force members shall serve without compensation but
10		may be reimbursed for necessary expenses incurred in the
11		performance of their duties.
12		(c) The Task Force shall meet at least once each month
13		beginning no later than July 1, 2022 and at other times as
14		determined by the Task Force. The Task Force may hold
15		electronic meetings and a member of the Task Force shall be
16		deemed present for the purposes of establishing a quorum and
17		voting.
18		(d) The Department of Healthcare and Family Services, in
19		conjunction with the Department of Children and Family
20		Services, shall provide administrative and other support to
21		the Task Force.
22		(e) The Task Force shall prepare and submit to the
23		Governor and the General Assembly at the end of each quarter a
24		report that summarizes its work. The Task Force shall submit
25		its final report to the Governor and the General Assembly no
26		later than December 31, 2026 2025. Upon submission of its

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1		final report, the Task Force is dissolved.
2		(f) This Section is repealed on January 1, 2027 2026.
3		(Source: P.A. 102-898, eff. 5-25-22; 103-154, eff. 6-30-23;
4		103-811, eff. 8-9-24.)
5		Section 1-15. The Grocery Initiative Act is amended by
6		changing Section 10 as follows:
7		(20 ILCS 750/10)
8		(Section scheduled to be repealed on January 1, 2026)
9		Sec. 10. Grocery Initiative Study. The Department shall,
10		subject to appropriation, study food insecurity in urban and
11		rural food deserts. The study may include an exploration of
12		the reasons for current market failures, potential policy
13		solutions, geographic trends, and the need for independent
14		grocers, and it shall identify communities at risk of becoming
15		food deserts. The study may also include a disparity study to
16		assess the need for aspirational goals for ownership among
17		minority, women, and persons with a disability as defined in
18		the Business Enterprise for Minorities, Women, and Persons
19		with Disabilities Act. The Department may enter into
20		contracts, grants, or other agreements to complete this study.
21		This report shall be submitted to the General Assembly by
22		December 31, 2026 2024. This Section is repealed on January 1,
23		2027 2026.
24		(Source: P.A. 103-561, eff. 1-1-24.)

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1		Section 1-20. The Illinois Lottery Law is amended by
2		changing Sections 21.4, 21.5, and 21.8 as follows:
3		(20 ILCS 1605/21.4)
4		Sec. 21.4. Joint Special Instant Scratch-off game.
5		(a) The Department shall offer a joint special instant
6		scratch-off game for the benefit of the special causes
7		identified in Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10,
8		21.11, 21.13, 21.15, and 21.16. The operation of the game
9		shall be governed by this Section and any rules adopted by the
10		Department. The game shall commence on January 1, 2024 or as
11		soon thereafter, at the discretion of the Director, as is
12		reasonably practical and shall be discontinued on January 1,
13		2027. If any provision of this Section is inconsistent with
14		any other provision in the Act, then this Section governs.
15		(b) Once the joint special instant scratch-off game is
16		used to fund a special cause, the game will be used to fund the
17		special cause for the remainder of the special causes'
18		existence per the causes' respective Section of this Act.
19		(c) New specialty tickets and causes authorized by this
20		Act shall be funded by the joint special instant scratch-off
21		game. New specialty tickets and causes after February 1, 2024
22		must have a sunset date. The Department shall be limited to
23		supporting no more than 10 causes in total at any given time.
24		(d) Net revenue received from the sale of the joint

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1		special instant scratch-off game for the purposes of this
2		Section shall be divided equally among the special causes the
3		game benefits. At the direction of the Department, the State
4		Comptroller shall direct and the State Treasurer shall
5		transfer from the State Lottery Fund the net revenue to the
6		specific fund identified for each special cause in accordance
7		with the special cause's respective Section in this Act. As
8		used in this Section, "net revenue" means the total amount for
9		which tickets have been sold less the sum of the amount paid
10		out in prizes and to retailers, and direct and estimated
11		administrative expenses incurred in operation of the ticket.
12		(Source: P.A. 103-381, eff. 7-28-23; 103-574, eff. 12-8-23.)
13		(20 ILCS 1605/21.5)
14		Sec. 21.5. Carolyn Adams Ticket For The Cure.
15		(a) The Department shall offer a special instant
16		scratch-off game with the title of "Carolyn Adams Ticket For
17		The Cure". The game shall commence on January 1, 2006 or as
18		soon thereafter, in the discretion of the Director, as is
19		reasonably practical, and shall be discontinued on December
20		31, 2026. The operation of the game shall be governed by this
21		Act and any rules adopted by the Department. The Department
22		must consult with the Carolyn Adams Ticket For The Cure Board,
23		which is established under Section 2310-347 of the Department
24		of Public Health Powers and Duties Law of the Civil
25		Administrative Code of Illinois, regarding the design and

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1		promotion of the game.
2		(b) The Carolyn Adams Ticket For The Cure Grant Fund is
3		created as a special fund in the State treasury. The net
4		revenue from the Carolyn Adams Ticket For The Cure special
5		instant scratch-off game shall be deposited into the Fund for
6		appropriation by the General Assembly solely to the Department
7		of Public Health for the purpose of making grants to public or
8		private entities in Illinois for the purpose of funding breast
9		cancer research, and supportive services for breast cancer
10		survivors and those impacted by breast cancer and breast
11		cancer education. In awarding grants, the Department of Public
12		Health shall consider criteria that includes, but is not
13		limited to, projects and initiatives that address disparities
14		in incidence and mortality rates of breast cancer, based on
15		data from the Illinois Cancer Registry, and populations facing
16		barriers to care. The Department of Public Health shall,
17		before grants are awarded, provide copies of all grant
18		applications to the Carolyn Adams Ticket For The Cure Board,
19		receive and review the Board's recommendations and comments,
20		and consult with the Board regarding the grants. For purposes
21		of this Section, the term "research" includes, without
22		limitation, expenditures to develop and advance the
23		understanding, techniques, and modalities effective in the
24		detection, prevention, screening, and treatment of breast
25		cancer and may include clinical trials. The grant funds may
26		not be used for institutional, organizational, or

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1		community-based overhead costs, indirect costs, or levies.
2		Moneys received for the purposes of this Section,
3		including, without limitation, net revenue from the special
4		instant scratch-off game and gifts, grants, and awards from
5		any public or private entity, must be deposited into the Fund.
6		Any interest earned on moneys in the Fund must be deposited
7		into the Fund.
8		As used in this subsection, "net revenue" means the total
9		amount for which tickets have been sold less the sum of the
10		amount paid out in prizes and to retailers, and direct and
11		estimated administrative expenses of the Department solely
12		related to the Ticket For The Cure game.
13		(c) During the time that tickets are sold for the Carolyn
14		Adams Ticket For The Cure game, the Department shall not
15		unreasonably diminish the efforts devoted to marketing any
16		other instant scratch-off lottery game.
17		(d) The Department may adopt any rules necessary to
18		implement and administer the provisions of this Section.
19		(Source: P.A. 103-381, eff. 7-28-23.)
20		(20 ILCS 1605/21.8)
21		Sec. 21.8. Quality of Life scratch-off game.
22		(a) The Department shall offer a special instant
23		scratch-off game with the title of "Quality of Life". The game
24		shall commence on July 1, 2007 or as soon thereafter, in the
25		discretion of the Director, as is reasonably practical, and

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1		shall be discontinued on December 31, 2025. The operation of
2		the game is governed by this Act and by any rules adopted by
3		the Department. The Department must consult with the Quality
4		of Life Board, which is established under Section 2310-348 of
5		the Department of Public Health Powers and Duties Law of the
6		Civil Administrative Code of Illinois, regarding the design
7		and promotion of the game.
8		(b) The Quality of Life Endowment Fund is created as a
9		special fund in the State treasury. The net revenue from the
10		Quality of Life special instant scratch-off game must be
11		deposited into the Fund for appropriation by the General
12		Assembly solely to the Department of Public Health for the
13		purpose of HIV/AIDS-prevention education and for making grants
14		to public or private entities in Illinois for the purpose of
15		funding organizations that serve the highest at-risk
16		categories for contracting HIV or developing AIDS. Grants
17		shall be targeted to serve at-risk populations in proportion
18		to the distribution of recent reported Illinois HIV/AIDS cases
19		among risk groups as reported by the Illinois Department of
20		Public Health. The recipient organizations must be engaged in
21		HIV/AIDS-prevention education and HIV/AIDS healthcare
22		treatment. The Department must, before grants are awarded,
23		provide copies of all grant applications to the Quality of
24		Life Board, receive and review the Board's recommendations and
25		comments, and consult with the Board regarding the grants.
26		Organizational size will determine an organization's

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1		competitive slot in the "Request for Proposal" process.
2		Organizations with an annual budget of $300,000 or less will
3		compete with like size organizations for 50% of the Quality of
4		Life annual fund. Organizations with an annual budget of
5		$300,001 to $700,000 will compete with like organizations for
6		25% of the Quality of Life annual fund, and organizations with
7		an annual budget of $700,001 and upward will compete with like
8		organizations for 25% of the Quality of Life annual fund. The
9		lottery may designate a percentage of proceeds for marketing
10		purposes. The grant funds may not be used for institutional,
11		organizational, or community-based overhead costs, indirect
12		costs, or levies.
13		Grants awarded from the Fund are intended to augment the
14		current and future State funding for the prevention and
15		treatment of HIV/AIDS and are not intended to replace that
16		funding.
17		Moneys received for the purposes of this Section,
18		including, without limitation, net revenue from the special
19		instant scratch-off game and gifts, grants, and awards from
20		any public or private entity, must be deposited into the Fund.
21		Any interest earned on moneys in the Fund must be deposited
22		into the Fund.
23		As used in this subsection, "net revenue" means the total
24		amount for which tickets have been sold less the sum of the
25		amount paid out in prizes and to retailers, and direct and
26		estimated administrative expenses of the Department solely

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1		related to the Quality of Life game.
2		(c) During the time that tickets are sold for the Quality
3		of Life game, the Department shall not unreasonably diminish
4		the efforts devoted to marketing any other instant scratch-off
5		lottery game.
6		(d) The Department may adopt any rules necessary to
7		implement and administer the provisions of this Section in
8		consultation with the Quality of Life Board.
9		(Source: P.A. 102-813, eff. 5-13-22; 103-381, eff. 7-28-23.)
10		Section 1-25. The Department of Public Health Powers and
11		Duties Law of the Civil Administrative Code of Illinois is
12		amended by changing Section 2310-542 as follows:
13		(20 ILCS 2310/2310-542)
14		(Section scheduled to be repealed on January 1, 2026)
15		Sec. 2310-542. Safe gun storage public awareness campaign.
16		(a) Subject to appropriation, the Department shall develop
17		and implement a comprehensive 2-year statewide safe gun
18		storage public awareness campaign. The campaign shall include
19		the following:
20		(1) Sustained and focused messaging over the course of
21		the 2-year campaign period.
22		(2) Messages paired with information about enforcement
23		or incentives for safe gun storage.
24		(3) Geographic and cultural considerations.

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1		(b) The campaign shall be divided into the following 3
2		phases:
3		(1) A statewide messaging strategy that shall develop
4		research-based, culturally appropriate messaging for
5		awareness of gun safety, reducing access to lethal means,
6		and encouraging safe storage. The campaign shall include
7		formats such as paid advertising on Chicago Transit
8		Authority trains, bus stops, billboards, digital or social
9		media campaigns, radio, and other public education and
10		outreach.
11		(2) A gun lock and gun safe distribution campaign and
12		gun buy-back programs. This phase shall require the
13		following:
14		(A) Developing a focused strategy to distribute,
15		through community-based organizations, gun locks and
16		gun safes in areas most affected by gun violence.
17		(B) Pairing gun lock distribution with brief
18		counseling or education sessions, which has been shown
19		to significantly increase safe storage practices.
20		(C) Developing an education and training program
21		on safe storage counseling and screening for health
22		care professionals, including pediatric primary care
23		and emergency room departments.
24		(D) Developing education and training on the
25		Firearms Restraining Order Act for practitioners, law
26		enforcement, and the general public.

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1		(E) Focusing on suicide prevention, youth or young
2		adult survivors of gun violence, and families at risk
3		due to domestic violence.
4		(F) Incorporating gun buy-back opportunities in
5		partnership with law enforcement, community-based
6		organizations, and other local stakeholders.
7		(3) A comprehensive evaluation to measure changes in
8		gun safety behaviors and the overall impact and
9		effectiveness of the campaign to promote safety. Metrics
10		to be measured include, but are not limited to, the
11		following:
12		(A) Changes in parent behavior and perception.
13		(B) Media campaign metrics and digital analytics.
14		(C) The number of people reached through each
15		strategy.
16		(D) The number of gun locks and gun safes
17		distributed.
18		(E) Changes in intentional and unintentional
19		firearm injury.
20		(c) This Section is repealed on July January 1, 2026.
21		(Source: P.A. 102-1067, eff. 1-1-23.)
22		Section 1-30. The Illinois Power Agency Act is amended by
23		changing Section 1-130 as follows:
24		(20 ILCS 3855/1-130)

HB1437 Enrolled - 23 - LRB104 08139 SPS 18185 b
1		(Section scheduled to be repealed on January 1, 2026)
2		Sec. 1-130. Home rule preemption.
3		(a) The authorization to impose any new taxes or fees
4		specifically related to the generation of electricity by, the
5		capacity to generate electricity by, or the emissions into the
6		atmosphere by electric generating facilities after the
7		effective date of this Act is an exclusive power and function
8		of the State. A home rule unit may not levy any new taxes or
9		fees specifically related to the generation of electricity by,
10		the capacity to generate electricity by, or the emissions into
11		the atmosphere by electric generating facilities after the
12		effective date of this Act. This Section is a denial and
13		limitation on home rule powers and functions under subsection
14		(g) of Section 6 of Article VII of the Illinois Constitution.
15		(b) This Section is repealed on January 1, 2028 January 1,
16		2026.
17		(Source: P.A. 102-671, eff. 11-30-21; 102-1109, eff. 12-21-22;
18		103-563, eff. 11-17-23; 103-1059, eff. 12-20-24.)
19		Section 1-35. The Illinois Health Facilities Planning Act
20		is amended by changing Section 3.6 as follows:
21		(20 ILCS 3960/3.6)
22		(Section scheduled to be repealed on June 25, 2026)
23		Sec. 3.6. Facilities maintained or operated by a State
24		agency.

HB1437 Enrolled - 24 - LRB104 08139 SPS 18185 b
1		(a) For the purposes of this Section, "Department" means
2		the Department of Veterans Affairs.
3		(b) Except for the requirements set forth in subsection
4		(c), any construction, modification, establishment, or change
5		in categories of service of a health care facility funded
6		through an appropriation from the General Assembly and
7		maintained or operated by the Department is not subject to
8		requirements of this Act. The Department is subject to this
9		Act when the Department discontinues a health care facility or
10		category of service.
11		(c) The Department must notify the Board in writing of any
12		appropriation by the General Assembly for the construction,
13		modification, establishment or change in categories of
14		service, excluding discontinuation of a health care facility
15		or categories of service, maintained or operated by the
16		Department of Veterans Affairs. The Department of Veterans
17		Affairs must include with the written notification the
18		following information: (i) the estimated service capacity of
19		the health care facility; (ii) the location of the project or
20		the intended location if not identified by law; and (iii) the
21		date the health care facility is estimated to be opened. The
22		Department must also notify the Board in writing when the
23		facility has been licensed by the Department of Public Health
24		or any other licensing body. The Department shall submit to
25		the Board, on behalf of the health care facility, any annual
26		facility questionnaires as defined in Section 13 of this Act

HB1437 Enrolled - 25 - LRB104 08139 SPS 18185 b
1		or any requests for information by the Board.
2		(d) This Section is repealed on July 1, 2029 5 years after
3		the effective date of this amendatory Act of the 102nd General
4		Assembly.
5		(Source: P.A. 104-234, eff. 8-15-25.)
6		Section 1-40. The Hydrogen Economy Act is amended by
7		changing Section 95 as follows:
8		(20 ILCS 4122/95)
9		(Section scheduled to be repealed on June 1, 2026)
10		Sec. 95. Repealer. This Act is repealed on July 1, 2028
11		June 1, 2026.
12		(Source: P.A. 102-1086, eff. 6-10-22; 102-1129, eff. 2-10-23.)
13		Section 1-45. The Community Land Trust Task Force Act is
14		amended by changing Sections 30 and 35 as follows:
15		(20 ILCS 4126/30)
16		(Section scheduled to be repealed on December 31, 2025)
17		Sec. 30. Report. The Task Force shall submit its final
18		report to the Governor and General Assembly no later than
19		December 31, 2026 2025. The final report shall be made
20		available on the Illinois Housing Development Authority's
21		website for viewing by the general public.
22		(Source: P.A. 103-250, eff. 6-30-23; 103-811, eff. 8-9-24.)

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1		(20 ILCS 4126/35)
2		(Section scheduled to be repealed on December 31, 2025)
3		Sec. 35. Dissolution; repeal. The Task Force is dissolved
4		and this Act is repealed on December 31, 2026 2025.
5		(Source: P.A. 103-250, eff. 6-30-23; 103-811, eff. 8-9-24.)
6		Section 1-50. The Community-Based Corrections Task Force
7		Act is amended by changing Section 20 as follows:
8		(20 ILCS 4134/20)
9		Sec. 20. Report.
10		(a) On or before July 1, 2026 December 31, 2025, the Task
11		Force shall publish a final report of its findings,
12		developments, and recommendations and after the publication of
13		its final report the Task Force shall be dissolved. The report
14		shall, at a minimum, detail findings and recommendations
15		related to the duties of the Task Force and the following:
16		(1) information and recommendations related to the
17		benefits of community-based corrections and specialty
18		courts; and
19		(2) the development and implementation of a new
20		community-based corrections program.
21		(b) The final report shall be shared with the following:
22		(1) the General Assembly; and
23		(2) the Offices of the Governor and Lieutenant

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1		Governor.
2		(Source: P.A. 103-982, eff. 8-9-24.)
3		Section 1-52. The Illinois Procurement Code is amended by
4		changing Sections 1-15.93 and 30-30 as follows:
5		(30 ILCS 500/1-15.93)
6		Sec. 1-15.93. Single prime. "Single prime" means the
7		design-bid-build procurement delivery method for a building
8		construction project in which the Capital Development Board or
9		a public institution of higher education, as defined in
10		Section 1-13 of this Code, is the construction agency
11		procuring 2 or more subdivisions of work enumerated in
12		paragraphs (1) through (5) of subsection (a) of Section 30-30
13		of this Code under a single contract. The provisions of this
14		Section are inoperative for public institutions of higher
15		education on and after January 1, 2027 2026.
16		(Source: P.A. 102-671, eff. 11-30-21; 102-1119, eff. 1-23-23;
17		103-570, eff. 1-1-24.)
18		(30 ILCS 500/30-30)
19		Sec. 30-30. Design-bid-build construction.
20		(a) Except as provided in subsection (a-5), for building
21		construction contracts in excess of $250,000, separate
22		specifications may be prepared for all equipment, labor, and
23		materials in connection with the following 5 subdivisions of

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1		the work to be performed:
2		(1) plumbing;
3		(2) heating, piping, refrigeration, and automatic
4		temperature control systems, including the testing and
5		balancing of those systems;
6		(3) ventilating and distribution systems for
7		conditioned air, including the testing and balancing of
8		those systems;
9		(4) electric wiring; and
10		(5) general contract work.
11		Except as provided in subsection (a-5), the specifications
12		may be so drawn as to permit separate and independent bidding
13		upon each of the 5 subdivisions of work. All contracts awarded
14		for any part thereof may award the 5 subdivisions of work
15		separately to responsible and reliable persons, firms, or
16		corporations engaged in these classes of work. The contracts,
17		at the discretion of the construction agency, may be assigned
18		to the successful bidder on the general contract work or to the
19		successful bidder on the subdivision of work designated by the
20		construction agency before the bidding as the prime
21		subdivision of work, provided that all payments will be made
22		directly to the contractors for the 5 subdivisions of work
23		upon compliance with the conditions of the contract.
24		For single prime projects: (i) the bid of the successful
25		low bidder shall identify the name of the subcontractor, if
26		any, and the bid proposal costs for each of the 5 subdivisions

HB1437 Enrolled - 29 - LRB104 08139 SPS 18185 b
1		of work set forth in this Section; (ii) the contract entered
2		into with the successful bidder shall provide that no
3		identified subcontractor may be terminated without the written
4		consent of the Capital Development Board; (iii) the contract
5		shall comply with the disadvantaged business practices of the
6		Business Enterprise for Minorities, Women, and Persons with
7		Disabilities Act and the equal employment practices of Section
8		2-105 of the Illinois Human Rights Act; and (iv) the Capital
9		Development Board shall submit an annual report to the General
10		Assembly and Governor on the bidding, award, and performance
11		of all single prime projects.
12		Until December 31, 2023, for building construction
13		projects with a total construction cost valued at $5,000,000
14		or less, the Capital Development Board shall not use the
15		single prime procurement delivery method for more than 50% of
16		the total number of projects bid for each fiscal year. Until
17		December 31, 2023, any project with a total construction cost
18		valued greater than $5,000,000 may be bid using single prime
19		at the discretion of the Executive Director of the Capital
20		Development Board.
21		For contracts entered into on or after January 1, 2024,
22		the Capital Development Board shall determine whether the
23		single prime procurement delivery method is to be pursued.
24		Before electing to use single prime on a project, the Capital
25		Development Board must make a written determination that must
26		include a description as to the particular advantages of the

HB1437 Enrolled - 30 - LRB104 08139 SPS 18185 b
1		single prime procurement method for that project and an
2		evaluation of the items in paragraphs (1) through (4). The
3		chief procurement officer must review the Capital Development
4		Board's determination and consider the adequacy of information
5		in paragraphs (1) through (4) to determine whether the Capital
6		Development Board may proceed with single prime. Approval by
7		the chief procurement officer shall not be unreasonably
8		withheld. The following factors must be considered by the
9		chief procurement officer in any determination:
10		(1) The benefit that using the single prime
11		procurement method will have on the Capital Development
12		Board's ability to increase participation of
13		minority-owned firms, woman-owned firms, firms owned by
14		persons with a disability, and veteran-owned firms.
15		(2) The likelihood that single prime will be in the
16		best interest of the State by providing a material savings
17		of time or cost over the multiple prime delivery system.
18		The best interest of the State justification must show the
19		specific benefits of using the single prime method,
20		including documentation of the estimates or scheduling
21		impacts of any of the following: project complexity and
22		trade coordination required, length of project,
23		availability of skilled workforce, geographic area,
24		project timelines, project budget, ability to secure
25		minority, women, persons with disabilities and veteran
26		participation, or other information.

HB1437 Enrolled - 31 - LRB104 08139 SPS 18185 b
1		(3) The type and size of the project and its
2		suitability to the single prime procurement method.
3		(4) Whether the project will comply with the
4		underrepresented business and equal employment practices
5		of the State, as established in the Business Enterprise
6		for Minorities, Women, and Persons with Disabilities Act,
7		Section 45-57 of this Code, and Section 2-105 of the
8		Illinois Human Rights Act.
9		If the chief procurement officer finds that the Capital
10		Development Board's written determination is insufficient, the
11		Capital Development Board shall have the opportunity to cure
12		its determination. Within 15 days of receiving approval from
13		the chief procurement officer, the Capital Development Board
14		shall provide an advisory copy of the written determination to
15		the Procurement Policy Board and the Commission on Equity and
16		Inclusion. The Capital Development Board must maintain the
17		full record of determination for 5 years.
18		(a-5) Beginning on the effective date of this amendatory
19		Act of the 104th 102nd General Assembly and through December
20		31, 2026 2025, for single prime projects in which a public
21		institution of higher education is a construction agency
22		awarding building construction contracts in excess of
23		$250,000, separate specifications may be prepared for all
24		equipment, labor, and materials in connection with the 5
25		subdivisions of work enumerated in subsection (a). Any public
26		institution of higher education contract awarded for any part

HB1437 Enrolled - 32 - LRB104 08139 SPS 18185 b
1		thereof may award 2 or more of the 5 subdivisions of work
2		together or separately to responsible and reliable persons,
3		firms, or corporations engaged in these classes of work if:
4		(i) the public institution of higher education has submitted
5		to the Procurement Policy Board and the Commission on Equity
6		and Inclusion a written notice that includes the reasons for
7		using the single prime method and an explanation of why the use
8		of that method is in the best interest of the State and
9		arranges to have the notice posted on the institution's online
10		procurement webpage and its online procurement bulletin at
11		least 3 business days following submission to the Procurement
12		Policy Board and the Commission on Equity and Inclusion; (ii)
13		the successful low bidder has prequalified with the public
14		institution of higher education; (iii) the bid of the
15		successful low bidder identifies the name of the
16		subcontractor, if any, and the bid proposal costs for each of
17		the 5 subdivisions of work set forth in subsection (a); (iv)
18		the contract entered into with the successful bidder provides
19		that no identified subcontractor may be terminated without the
20		written consent of the public institution of higher education;
21		and (v) the successful low bidder has prequalified with the
22		University of Illinois or with the Capital Development Board.
23		For building construction projects with a total
24		construction cost valued at $20,000,000 or less, public
25		institutions of higher education shall not use the single
26		prime delivery method for more than 50% of the total number of

HB1437 Enrolled - 33 - LRB104 08139 SPS 18185 b
1		projects bid for each fiscal year. Projects with a total
2		construction cost valued at $20,000,000 or more may be bid
3		using the single prime delivery method at the discretion of
4		the public institution of higher education. With respect to
5		any construction project described in this subsection (a-5),
6		the public institution of higher education shall: (i) specify
7		in writing as a public record that the project shall comply
8		with the Business Enterprise for Minorities, Women, and
9		Persons with Disabilities Act and the equal employment
10		practices of Section 2-105 of the Illinois Human Rights Act;
11		and (ii) report annually to the Governor, General Assembly,
12		Procurement Policy Board, and Auditor General on the bidding,
13		award, and performance of all single prime projects. On and
14		after the effective date of this amendatory Act of the 102nd
15		General Assembly, the public institution of higher education
16		may award in each fiscal year single prime contracts with an
17		aggregate total value of no more than $100,000,000. The Board
18		of Trustees of the University of Illinois may award in each
19		fiscal year single prime contracts with an aggregate total
20		value of not more than $300,000,000.
21		(b) For public institutions of higher education, the
22		provisions of this subsection are operative on and after
23		January 1, 2026. For building construction contracts in excess
24		of $250,000, separate specifications shall be prepared for all
25		equipment, labor, and materials in connection with the
26		following 5 subdivisions of the work to be performed:

HB1437 Enrolled - 34 - LRB104 08139 SPS 18185 b
1		(1) plumbing;
2		(2) heating, piping, refrigeration, and automatic
3		temperature control systems, including the testing and
4		balancing of those systems;
5		(3) ventilating and distribution systems for
6		conditioned air, including the testing and balancing of
7		those systems;
8		(4) electric wiring; and
9		(5) general contract work.
10		The specifications must be so drawn as to permit separate
11		and independent bidding upon each of the 5 subdivisions of
12		work. All contracts awarded for any part thereof shall award
13		the 5 subdivisions of work separately to responsible and
14		reliable persons, firms, or corporations engaged in these
15		classes of work. The contracts, at the discretion of the
16		construction agency, may be assigned to the successful bidder
17		on the general contract work or to the successful bidder on the
18		subdivision of work designated by the construction agency
19		before the bidding as the prime subdivision of work, provided
20		that all payments will be made directly to the contractors for
21		the 5 subdivisions of work upon compliance with the conditions
22		of the contract.
23		(Source: P.A. 102-671, eff. 11-30-21; 102-1119, eff. 1-23-23;
24		103-570, eff. 1-1-24.)
25		Section 1-55. The Illinois Income Tax Act is amended by

HB1437 Enrolled - 35 - LRB104 08139 SPS 18185 b
1		changing Sections 221 and 231 as follows:
2		(35 ILCS 5/221)
3		Sec. 221. Rehabilitation costs; qualified historic
4		properties; River Edge Redevelopment Zone.
5		(a) For taxable years that begin on or after January 1,
6		2012 and begin prior to January 1, 2018, there shall be allowed
7		a tax credit against the tax imposed by subsections (a) and (b)
8		of Section 201 of this Act in an amount equal to 25% of
9		qualified expenditures incurred by a qualified taxpayer during
10		the taxable year in the restoration and preservation of a
11		qualified historic structure located in a River Edge
12		Redevelopment Zone pursuant to a qualified rehabilitation
13		plan, provided that the total amount of such expenditures (i)
14		must equal $5,000 or more and (ii) must exceed 50% of the
15		purchase price of the property.
16		(a-1) For taxable years that begin on or after January 1,
17		2018 and end prior to January 1, 2029 2027, there shall be
18		allowed a tax credit against the tax imposed by subsections
19		(a) and (b) of Section 201 of this Act in an aggregate amount
20		equal to 25% of qualified expenditures incurred by a qualified
21		taxpayer in the restoration and preservation of a qualified
22		historic structure located in a River Edge Redevelopment Zone
23		pursuant to a qualified rehabilitation plan, provided that the
24		total amount of such expenditures must (i) equal $5,000 or
25		more and (ii) exceed the adjusted basis of the qualified

HB1437 Enrolled - 36 - LRB104 08139 SPS 18185 b
1		historic structure on the first day the qualified
2		rehabilitation plan begins. For any rehabilitation project,
3		regardless of duration or number of phases, the project's
4		compliance with the foregoing provisions (i) and (ii) shall be
5		determined based on the aggregate amount of qualified
6		expenditures for the entire project and may include
7		expenditures incurred under subsection (a), this subsection,
8		or both subsection (a) and this subsection. If the qualified
9		rehabilitation plan spans multiple years, the aggregate credit
10		for the entire project shall be allowed in the last taxable
11		year, except for phased rehabilitation projects, which may
12		receive credits upon completion of each phase. Before
13		obtaining the first phased credit: (A) the total amount of
14		such expenditures must meet the requirements of provisions (i)
15		and (ii) of this subsection; (B) the rehabilitated portion of
16		the qualified historic structure must be placed in service;
17		and (C) the requirements of subsection (b) must be met.
18		(a-2) For taxable years beginning on or after January 1,
19		2021 and ending prior to January 1, 2029 2027, there shall be
20		allowed a tax credit against the tax imposed by subsections
21		(a) and (b) of Section 201 as provided in Section 10-10.3 of
22		the River Edge Redevelopment Zone Act. The credit allowed
23		under this subsection (a-2) shall apply only to taxpayers that
24		make a capital investment of at least $1,000,000 in a
25		qualified rehabilitation plan.
26		The credit or credits may not reduce the taxpayer's

HB1437 Enrolled - 37 - LRB104 08139 SPS 18185 b
1		liability to less than zero. If the amount of the credit or
2		credits exceeds the taxpayer's liability, the excess may be
3		carried forward and applied against the taxpayer's liability
4		in succeeding calendar years in the manner provided under
5		paragraph (4) of Section 211 of this Act. The credit or credits
6		shall be applied to the earliest year for which there is a tax
7		liability. If there are credits from more than one taxable
8		year that are available to offset a liability, the earlier
9		credit shall be applied first.
10		For partners, shareholders of Subchapter S corporations,
11		and owners of limited liability companies, if the liability
12		company is treated as a partnership for the purposes of
13		federal and State income taxation, there shall be allowed a
14		credit under this Section to be determined in accordance with
15		the determination of income and distributive share of income
16		under Sections 702 and 704 and Subchapter S of the Internal
17		Revenue Code.
18		The total aggregate amount of credits awarded under the
19		Blue Collar Jobs Act (Article 20 of this amendatory Act of the
20		101st General Assembly) shall not exceed $20,000,000 in any
21		State fiscal year.
22		(b) To obtain a tax credit pursuant to this Section, the
23		taxpayer must apply with the Department of Natural Resources.
24		The Department of Natural Resources shall determine the amount
25		of eligible rehabilitation costs and expenses in addition to
26		the amount of the River Edge construction jobs credit within

HB1437 Enrolled - 38 - LRB104 08139 SPS 18185 b
1		45 days of receipt of a complete application. The taxpayer
2		must submit a certification of costs prepared by an
3		independent certified public accountant that certifies (i) the
4		project expenses, (ii) whether those expenses are qualified
5		expenditures, and (iii) that the qualified expenditures exceed
6		the adjusted basis of the qualified historic structure on the
7		first day the qualified rehabilitation plan commenced. The
8		Department of Natural Resources is authorized, but not
9		required, to accept this certification of costs to determine
10		the amount of qualified expenditures and the amount of the
11		credit. The Department of Natural Resources shall provide
12		guidance as to the minimum standards to be followed in the
13		preparation of such certification. The Department of Natural
14		Resources and the National Park Service shall determine
15		whether the rehabilitation is consistent with the United
16		States Secretary of the Interior's Standards for
17		Rehabilitation.
18		(b-1) Upon completion of the project and approval of the
19		complete application, the Department of Natural Resources
20		shall issue a single certificate in the amount of the eligible
21		credits equal to 25% of qualified expenditures incurred during
22		the eligible taxable years, as defined in subsections (a) and
23		(a-1), excepting any credits awarded under subsection (a)
24		prior to January 1, 2019 (the effective date of Public Act
25		100-629) and any phased credits issued prior to the eligible
26		taxable year under subsection (a-1). At the time the

HB1437 Enrolled - 39 - LRB104 08139 SPS 18185 b
1		certificate is issued, an issuance fee up to the maximum
2		amount of 2% of the amount of the credits issued by the
3		certificate may be collected from the applicant to administer
4		the provisions of this Section. If collected, this issuance
5		fee shall be deposited into the Historic Property
6		Administrative Fund, a special fund created in the State
7		treasury. Subject to appropriation, moneys in the Historic
8		Property Administrative Fund shall be provided to the
9		Department of Natural Resources as reimbursement for the costs
10		associated with administering this Section.
11		(c) The taxpayer must attach the certificate to the tax
12		return on which the credits are to be claimed. The tax credit
13		under this Section may not reduce the taxpayer's liability to
14		less than zero. If the amount of the credit exceeds the tax
15		liability for the year, the excess credit may be carried
16		forward and applied to the tax liability of the 5 taxable years
17		following the excess credit year.
18		(c-1) Subject to appropriation, moneys in the Historic
19		Property Administrative Fund shall be used, on a biennial
20		basis beginning at the end of the second fiscal year after
21		January 1, 2019 (the effective date of Public Act 100-629), to
22		hire a qualified third party to prepare a biennial report to
23		assess the overall economic impact to the State from the
24		qualified rehabilitation projects under this Section completed
25		in that year and in previous years. The overall economic
26		impact shall include at least: (1) the direct and indirect or

HB1437 Enrolled - 40 - LRB104 08139 SPS 18185 b
1		induced economic impacts of completed projects; (2) temporary,
2		permanent, and construction jobs created; (3) sales, income,
3		and property tax generation before, during construction, and
4		after completion; and (4) indirect neighborhood impact after
5		completion. The report shall be submitted to the Governor and
6		the General Assembly. The report to the General Assembly shall
7		be filed with the Clerk of the House of Representatives and the
8		Secretary of the Senate in electronic form only, in the manner
9		that the Clerk and the Secretary shall direct.
10		(c-2) The Department of Natural Resources may adopt rules
11		to implement this Section in addition to the rules expressly
12		authorized in this Section.
13		(d) As used in this Section, the following terms have the
14		following meanings.
15		"Phased rehabilitation" means a project that is completed
16		in phases, as defined under Section 47 of the federal Internal
17		Revenue Code and pursuant to National Park Service regulations
18		at 36 C.F.R. 67.
19		"Placed in service" means the date when the property is
20		placed in a condition or state of readiness and availability
21		for a specifically assigned function as defined under Section
22		47 of the federal Internal Revenue Code and federal Treasury
23		Regulation Sections 1.46 and 1.48.
24		"Qualified expenditure" means all the costs and expenses
25		defined as qualified rehabilitation expenditures under Section
26		47 of the federal Internal Revenue Code that were incurred in

HB1437 Enrolled - 41 - LRB104 08139 SPS 18185 b
1		connection with a qualified historic structure.
2		"Qualified historic structure" means a certified historic
3		structure as defined under Section 47(c)(3) of the federal
4		Internal Revenue Code.
5		"Qualified rehabilitation plan" means a project that is
6		approved by the Department of Natural Resources and the
7		National Park Service as being consistent with the United
8		States Secretary of the Interior's Standards for
9		Rehabilitation.
10		"Qualified taxpayer" means the owner of the qualified
11		historic structure or any other person who qualifies for the
12		federal rehabilitation credit allowed by Section 47 of the
13		federal Internal Revenue Code with respect to that qualified
14		historic structure. Partners, shareholders of subchapter S
15		corporations, and owners of limited liability companies (if
16		the limited liability company is treated as a partnership for
17		purposes of federal and State income taxation) are entitled to
18		a credit under this Section to be determined in accordance
19		with the determination of income and distributive share of
20		income under Sections 702 and 703 and subchapter S of the
21		Internal Revenue Code, provided that credits granted to a
22		partnership, a limited liability company taxed as a
23		partnership, or other multiple owners of property shall be
24		passed through to the partners, members, or owners
25		respectively on a pro rata basis or pursuant to an executed
26		agreement among the partners, members, or owners documenting

HB1437 Enrolled - 42 - LRB104 08139 SPS 18185 b
1		any alternate distribution method.
2		(Source: P.A. 101-9, eff. 6-5-19; 101-81, eff. 7-12-19;
3		102-16, eff. 6-17-21.)
4		(35 ILCS 5/231)
5		Sec. 231. Apprenticeship education expense credit.
6		(a) As used in this Section:
7		"Accredited training organization" means an organization
8		that:
9		(1) incurs costs related to training apprentice
10		employees;
11		(2) maintains an apprenticeship program approved by
12		the United States Department of Labor, Office of
13		Apprenticeships, that results in an industry-recognized
14		credential; and either
15		(3) is affiliated with a public or nonpublic secondary
16		school in Illinois and is:
17		(A) an institution of higher education that
18		provides a program that leads to an
19		industry-recognized postsecondary credential or
20		degree;
21		(B) an entity that carries out programs that
22		are registered under the federal National
23		Apprenticeship Act; or
24		(C) a public or private provider of a program
25		of training services, including, but not limited to, a

HB1437 Enrolled - 43 - LRB104 08139 SPS 18185 b
1		joint labor-management organization; or
2		(4) is not affiliated with a public or nonpublic
3		secondary school in Illinois but receives preapproval from
4		the Department to receive tax credits under this Section.
5		"Department" means the Department of Commerce and Economic
6		Opportunity.
7		"Employer" means an Illinois taxpayer who is the employer
8		of the qualifying apprentice.
9		"Qualifying apprentice" means an individual who: (i) is a
10		resident of the State of Illinois; (ii) is at least 16 years
11		old at the close of the school year for which a credit is
12		sought; (iii) during the school year for which a credit is
13		sought, was a full-time apprentice enrolled in an
14		apprenticeship program which is registered with the United
15		States Department of Labor, Office of Apprenticeship; and (iv)
16		is employed in Illinois by the taxpayer who is the employer.
17		"Qualified education expense" means the amount incurred on
18		behalf of a qualifying apprentice not to exceed $3,500 for
19		tuition, instructional materials, fees (including, but not
20		limited to, book, license, and lab fees), or other expenses
21		that are directly related to training the apprentices and that
22		are preapproved by the Department. All expenses must be paid
23		to or incurred for training at the school, community college,
24		or organization where the apprentice receives training.
25		(b) For taxable years beginning on or after January 1,
26		2020, and beginning on or before January 1, 2027 January 1,

HB1437 Enrolled - 44 - LRB104 08139 SPS 18185 b
1		2026, the employer of one or more qualifying apprentices shall
2		be allowed a credit against the tax imposed by subsections (a)
3		and (b) of Section 201 of the Illinois Income Tax Act. The
4		credit shall be equal to $3,500 per qualifying apprentice. A
5		taxpayer shall be entitled to an additional $1,500 credit
6		against the tax imposed by subsections (a) and (b) of Section
7		201 of the Illinois Income Tax Act if (i) the qualifying
8		apprentice resides in an underserved area as defined in
9		Section 5-5 of the Economic Development for a Growing Economy
10		Tax Credit Act during the school year for which a credit is
11		sought by an employer or (ii) the employer's principal place
12		of business is located in an underserved area, as defined in
13		Section 5-5 of the Economic Development for a Growing Economy
14		Tax Credit Act. In no event shall a credit under this Section
15		reduce the taxpayer's liability under this Act to less than
16		zero. For taxable years ending before December 31, 2023, for
17		partners, shareholders of Subchapter S corporations, and
18		owners of limited liability companies, if the liability
19		company is treated as a partnership for purposes of federal
20		and State income taxation, there shall be allowed a credit
21		under this Section to be determined in accordance with the
22		determination of income and distributive share of income under
23		Sections 702 and 704 and Subchapter S of the Internal Revenue
24		Code. For taxable years ending on or after December 31, 2023,
25		partners and shareholders of subchapter S corporations are
26		entitled to a credit under this Section as provided in Section

HB1437 Enrolled - 45 - LRB104 08139 SPS 18185 b
1		251.
2		(c) The Department shall implement a program to certify
3		applicants for an apprenticeship credit under this Section.
4		Upon satisfactory review, the Department shall issue a tax
5		credit certificate to an employer incurring costs on behalf of
6		a qualifying apprentice stating the amount of the tax credit
7		to which the employer is entitled. If the employer is seeking a
8		tax credit for multiple qualifying apprentices, the Department
9		may issue a single tax credit certificate that encompasses the
10		aggregate total of tax credits for qualifying apprentices for
11		a single employer.
12		(d) The Department, in addition to those powers granted
13		under the Civil Administrative Code of Illinois, is granted
14		and shall have all the powers necessary or convenient to carry
15		out and effectuate the purposes and provisions of this
16		Section, including, but not limited to, power and authority
17		to:
18		(1) Adopt rules deemed necessary and appropriate for
19		the administration of this Section; establish forms for
20		applications, notifications, contracts, or any other
21		agreements; and accept applications at any time during the
22		year and require that all applications be submitted via
23		the Internet. The Department shall require that
24		applications be submitted in electronic form.
25		(2) Provide guidance and assistance to applicants
26		pursuant to the provisions of this Section and cooperate

HB1437 Enrolled - 46 - LRB104 08139 SPS 18185 b
1		with applicants to promote, foster, and support job
2		creation within the State.
3		(3) Enter into agreements and memoranda of
4		understanding for participation of and engage in
5		cooperation with agencies of the federal government, units
6		of local government, universities, research foundations or
7		institutions, regional economic development corporations,
8		or other organizations for the purposes of this Section.
9		(4) Gather information and conduct inquiries, in the
10		manner and by the methods it deems desirable, including,
11		without limitation, gathering information with respect to
12		applicants for the purpose of making any designations or
13		certifications necessary or desirable or to gather
14		information in furtherance of the purposes of this Act.
15		(5) Establish, negotiate, and effectuate any term,
16		agreement, or other document with any person necessary or
17		appropriate to accomplish the purposes of this Section,
18		and consent, subject to the provisions of any agreement
19		with another party, to the modification or restructuring
20		of any agreement to which the Department is a party.
21		(6) Provide for sufficient personnel to permit
22		administration, staffing, operation, and related support
23		required to adequately discharge its duties and
24		responsibilities described in this Section from funds made
25		available through charges to applicants or from funds as
26		may be appropriated by the General Assembly for the

HB1437 Enrolled - 47 - LRB104 08139 SPS 18185 b
1		administration of this Section.
2		(7) Require applicants, upon written request, to issue
3		any necessary authorization to the appropriate federal,
4		State, or local authority or any other person for the
5		release to the Department of information requested by the
6		Department, including, but not be limited to, financial
7		reports, returns, or records relating to the applicant or
8		to the amount of credit allowable under this Section.
9		(8) Require that an applicant shall, at all times,
10		keep proper books of record and account in accordance with
11		generally accepted accounting principles consistently
12		applied, with the books, records, or papers related to the
13		agreement in the custody or control of the applicant open
14		for reasonable Department inspection and audits,
15		including, without limitation, the making of copies of the
16		books, records, or papers.
17		(9) Take whatever actions are necessary or appropriate
18		to protect the State's interest in the event of
19		bankruptcy, default, foreclosure, or noncompliance with
20		the terms and conditions of financial assistance or
21		participation required under this Section or any agreement
22		entered into under this Section, including the power to
23		sell, dispose of, lease, or rent, upon terms and
24		conditions determined by the Department to be appropriate,
25		real or personal property that the Department may recover
26		as a result of these actions.

HB1437 Enrolled - 48 - LRB104 08139 SPS 18185 b
1		(e) The Department, in consultation with the Department of
2		Revenue, shall adopt rules to administer this Section. The
3		aggregate amount of the tax credits that may be claimed under
4		this Section for qualified education expenses incurred by an
5		employer on behalf of a qualifying apprentice shall be limited
6		to $5,000,000 per calendar year. If applications for a greater
7		amount are received, credits shall be allowed on a first-come
8		first-served basis, based on the date on which each properly
9		completed application for a certificate of eligibility is
10		received by the Department. If more than one certificate is
11		received on the same day, the credits will be awarded based on
12		the time of submission for that particular day.
13		(f) An employer may not sell or otherwise transfer a
14		credit awarded under this Section to another person or
15		taxpayer.
16		(g) The employer shall provide the Department such
17		information as the Department may require, including, but not
18		limited to: (i) the name, age, and identification number of
19		each qualifying apprentice employed by the taxpayer during the
20		taxable year; (ii) the amount of qualified education expenses
21		incurred with respect to each qualifying apprentice; and (iii)
22		the name of the accredited training organization at which the
23		qualifying apprentice is enrolled and the qualified education
24		expenses are incurred.
25		(h) On or before July 1 of each year, the Department shall
26		report to the Governor and the General Assembly on the tax

HB1437 Enrolled - 49 - LRB104 08139 SPS 18185 b
1		credit certificates awarded under this Section for the prior
2		calendar year. The report must include:
3		(1) the name of each employer awarded or allocated a
4		credit;
5		(2) the number of qualifying apprentices for whom the
6		employer has incurred qualified education expenses;
7		(3) the North American Industry Classification System
8		(NAICS) code applicable to each employer awarded or
9		allocated a credit;
10		(4) the amount of the credit awarded or allocated to
11		each employer;
12		(5) the total number of employers awarded or allocated
13		a credit;
14		(6) the total number of qualifying apprentices for
15		whom employers receiving credits under this Section
16		incurred qualified education expenses; and
17		(7) the average cost to the employer of all
18		apprenticeships receiving credits under this Section.
19		(Source: P.A. 103-396, eff. 1-1-24; 103-1059, eff. 12-20-24;
20		104-6, eff. 6-16-25.)
21		Section 1-60. The Counties Code is amended by changing
22		Sections 3-5010.8, 5-41065, and 5-43043 as follows:
23		(55 ILCS 5/3-5010.8)
24		(Section scheduled to be repealed on January 1, 2026)

HB1437 Enrolled - 50 - LRB104 08139 SPS 18185 b
1		Sec. 3-5010.8. Mechanics lien demand and referral pilot
2		program.
3		(a) Legislative findings. The General Assembly finds that
4		expired mechanics liens on residential property, which cloud
5		title to property, are a rapidly growing problem throughout
6		the State. In order to address the increase in expired
7		mechanics liens and, more specifically, those that have not
8		been released by the lienholder, a recorder may establish a
9		process to demand and refer mechanics liens that have been
10		recorded but not litigated or released in accordance with the
11		Mechanics Lien Act to an administrative law judge for
12		resolution or demand that the lienholder commence suit or
13		forfeit the lien.
14		(b) Definitions. As used in this Section:
15		"Demand to Commence Suit" means the written demand
16		specified in Section 34 of the Mechanics Lien Act.
17		"Mechanics lien" and "lien" are used interchangeably in
18		this Section.
19		"Notice of Expired Mechanics Lien" means the notice a
20		recorder gives to a property owner under subsection (d)
21		informing the property owner of an expired lien.
22		"Notice of Referral" means the document referring a
23		mechanics lien to a county's code hearing unit.
24		"Recording" and "filing" are used interchangeably in this
25		Section.
26		"Referral" or "refer" means a recorder's referral of a

HB1437 Enrolled - 51 - LRB104 08139 SPS 18185 b
1		mechanics lien to a county's code hearing unit to obtain a
2		determination as to whether a recorded mechanics lien is
3		valid.
4		"Residential property" means real property improved with
5		not less than one nor more than 4 residential dwelling units; a
6		residential condominium unit, including, but not limited to,
7		the common elements allocated to the exclusive use of the
8		condominium unit that form an integral part of the condominium
9		unit and any parking unit or units specified by the
10		declaration to be allocated to a specific residential
11		condominium unit; or a single tract of agriculture real estate
12		consisting of 40 acres or less that is improved with a
13		single-family residence. If a declaration of condominium
14		ownership provides for individually owned and transferable
15		parking units, "residential property" does not include the
16		parking unit of a specified residential condominium unit
17		unless the parking unit is included in the legal description
18		of the property against which the mechanics lien is recorded.
19		(c) Establishment of a mechanics lien demand and referral
20		process. After a public hearing, a recorder in a county with a
21		code hearing unit may adopt rules establishing a mechanics
22		lien demand and referral process for residential property. A
23		recorder shall provide public notice 90 days before the public
24		hearing. The notice shall include a statement of the
25		recorder's intent to create a mechanics lien demand and
26		referral process and shall be published in a newspaper of

HB1437 Enrolled - 52 - LRB104 08139 SPS 18185 b
1		general circulation in the county and, if feasible, be posted
2		on the recorder's website and at the recorder's office or
3		offices.
4		(d) Notice of Expired Lien. If a recorder determines,
5		after review by legal staff or counsel, that a mechanics lien
6		recorded in the grantor's index or the grantee's index is an
7		expired lien, the recorder shall serve a Notice of Expired
8		Lien by certified mail to the last known address of the owner.
9		The owner or legal representative of the owner of the
10		residential property shall confirm in writing the owner's or
11		legal representative's belief that the lien is not involved in
12		pending litigation and, if there is no pending litigation, as
13		verified and confirmed by county court records, the owner may
14		request that the recorder proceed with a referral or serve a
15		Demand to Commence Suit.
16		For the purposes of this Section, a recorder shall
17		determine if a lien is an expired lien. A lien is expired if a
18		suit to enforce the lien has not been commenced or a
19		counterclaim has not been filed by the lienholder within 2
20		years after the completion date of the contract as specified
21		in the recorded mechanics lien. The 2-year period shall be
22		increased to the extent that an automatic stay under Section
23		362(a) of the United States Bankruptcy Code stays a suit or
24		counterclaim to foreclose the lien. If a work completion date
25		is not specified in the recorded lien, then the work
26		completion date is the date of recording of the mechanics

HB1437 Enrolled - 53 - LRB104 08139 SPS 18185 b
1		lien.
2		(e) Demand to Commence Suit. Upon receipt of an owner's
3		confirmation that the lien is not involved in pending
4		litigation and a request for the recorder to serve a Demand to
5		Commence Suit, the recorder shall serve a Demand to Commence
6		Suit on the lienholder of the expired lien as provided in
7		Section 34 of the Mechanics Lien Act. A recorder may request
8		that the Secretary of State assist in providing registered
9		agent information or obtain information from the Secretary of
10		State's registered business database when the recorder seeks
11		to serve a Demand to Commence suit on the lienholder. Upon
12		request, the Secretary of State, or the Secretary of State's
13		designee, shall provide the last known address or registered
14		agent information for a lienholder who is incorporated or
15		doing business in the State. The recorder must record a copy of
16		the Demand to Commence suit in the grantor's index or the
17		grantee's index identifying the mechanics lien and include the
18		corresponding document number and the date of demand. The
19		recorder may, at the recorder's discretion, notify the
20		Secretary of State regarding a Demand to Commence suit
21		determined to involve a company, corporation, or business
22		registered with that office.
23		When the lienholder commences a suit or files an answer
24		within 30 days or the lienholder records a release of lien with
25		the county recorder as required by subsection (a) of Section
26		34 of the Mechanics Lien Act, then the demand and referral

HB1437 Enrolled - 54 - LRB104 08139 SPS 18185 b
1		process is completed for the recorder for that property. If
2		service under this Section is responded to consistent with
3		Section 34 of the Mechanics Lien Act, the recorder may not
4		proceed under subsection (f). If no response is received
5		consistent with Section 34 of the Mechanics Lien Act, the
6		recorder may proceed under subsection (f).
7		(f) Referral. Upon receipt of an owner's confirmation that
8		the lien is not involved in pending litigation and a request
9		for the recorder to proceed with a referral, the recorder
10		shall: (i) file the Notice of Referral with the county's code
11		hearing unit; (ii) identify and notify the lienholder by
12		telephone, if available, of the referral and send a copy of the
13		Notice of Referral by certified mail to the lienholder using
14		information included in the recorded mechanics lien or the
15		last known address or registered agent received from the
16		Secretary of State or obtained from the Secretary of State's
17		registered business database; (iii) send a copy of the Notice
18		of Referral by mail to the physical address of the property
19		owner associated with the lien; and (iv) record a copy of the
20		Notice of Referral in the grantor's index or the grantee's
21		index identifying the mechanics lien and include the
22		corresponding document number. The Notice of Referral shall
23		clearly identify the person, persons, or entity believed to be
24		the owner, assignee, successor, or beneficiary of the lien.
25		The recorder may, at the recorder's discretion, notify the
26		Secretary of State regarding a referral determined to involve

HB1437 Enrolled - 55 - LRB104 08139 SPS 18185 b
1		a company, corporation, or business registered with that
2		office.
3		No earlier than 30 business days after the date the
4		lienholder is required to respond to a Demand to Commence Suit
5		under Section 34 of the Mechanics Lien Act, the code hearing
6		unit shall schedule a hearing to occur at least 30 days after
7		sending notice of the date of hearing. Notice of the hearing
8		shall be provided by the county recorder, by and through the
9		recorder's representative, to the filer, or the party
10		represented by the filer, of the expired lien, the legal
11		representative of the recorder of deeds who referred the case,
12		and the last owner of record, as identified in the Notice of
13		Referral.
14		If the recorder shows by clear and convincing evidence
15		that the lien in question is an expired lien, the
16		administrative law judge shall rule the lien is forfeited
17		under Section 34.5 of the Mechanics Lien Act and that the lien
18		no longer affects the chain of title of the property in any
19		way. The judgment shall be forwarded to all parties identified
20		in this subsection. Upon receiving judgment of a forfeited
21		lien, the recorder shall, within 5 business days, record a
22		copy of the judgment in the grantor's index or the grantee's
23		index.
24		If the administrative law judge finds the lien is not
25		expired, the recorder shall, no later than 5 business days
26		after receiving notice of the decision of the administrative

HB1437 Enrolled - 56 - LRB104 08139 SPS 18185 b
1		law judge, record a copy of the judgment in the grantor's index
2		or the grantee's index.
3		A decision by an administrative law judge is reviewable
4		under the Administrative Review Law, and nothing in this
5		Section precludes a property owner or lienholder from
6		proceeding with a civil action to resolve questions concerning
7		a mechanics lien.
8		A lienholder or property owner may remove the action from
9		the code hearing unit to the circuit court as provided in
10		subsection (i).
11		(g) Final administrative decision. The recorder's decision
12		to refer a mechanics lien or serve a Demand to Commence Suit is
13		a final administrative decision that is subject to review
14		under the Administrative Review Law by the circuit court of
15		the county where the real property is located. The standard of
16		review by the circuit court shall be consistent with the
17		Administrative Review Law.
18		(h) Liability. A recorder and the recorder's employees or
19		agents are not subject to personal liability by reason of any
20		error or omission in the performance of any duty under this
21		Section, except in the case of willful or wanton conduct. The
22		recorder and the recorder's employees or agents are not liable
23		for the decision to refer a lien or serve a Demand to Commence
24		Suit, or failure to refer or serve a Demand to Commence Suit,
25		of a lien under this Section.
26		(i) Private actions; use of demand and referral process.

HB1437 Enrolled - 57 - LRB104 08139 SPS 18185 b
1		Nothing in this Section precludes a private right of action by
2		any party with an interest in the property affected by the
3		mechanics lien or a decision by the code hearing unit. Nothing
4		in this Section requires a person or entity who may have a
5		mechanics lien recorded against the person's or entity's
6		property to use the mechanics lien demand and referral process
7		created by this Section.
8		A lienholder or property owner may remove a matter in the
9		referral process to the circuit court at any time prior to the
10		final decision of the administrative law judge by delivering a
11		certified notice of the suit filed in the circuit court to the
12		administrative law judge. Upon receipt of the certified
13		notice, the administrative law judge shall dismiss the matter
14		without prejudice. If the matter is dismissed due to removal,
15		then the demand and referral process is completed for the
16		recorder for that property. If the circuit court dismisses the
17		removed matter without deciding on whether the lien is expired
18		and without prejudice, the recorder may reinstitute the demand
19		and referral process under subsection (d).
20		(j) Repeal. This Section is repealed on January 1, 2027
21		January 1, 2026.
22		(Source: P.A. 102-671, eff. 11-30-21; 103-400, eff. 1-1-24;
23		103-563, eff. 11-17-23.)
24		(55 ILCS 5/5-41065)
25		(Section scheduled to be repealed on January 1, 2026)

HB1437 Enrolled - 58 - LRB104 08139 SPS 18185 b
1		Sec. 5-41065. Mechanics lien demand and referral
2		adjudication.
3		(a) Notwithstanding any other provision in this Division,
4		a county's code hearing unit must adjudicate an expired
5		mechanics lien referred to the unit under Section 3-5010.8.
6		(b) If a county does not have an administrative law judge
7		in its code hearing unit who is familiar with the areas of law
8		relating to mechanics liens, one may be appointed no later
9		than 3 months after the effective date of this amendatory Act
10		of the 100th General Assembly to adjudicate all referrals
11		concerning mechanics liens under Section 3-5010.8.
12		(c) If an administrative law judge familiar with the areas
13		of law relating to mechanics liens has not been appointed as
14		provided in subsection (b) when a mechanics lien is referred
15		under Section 3-5010.8 to the code hearing unit, the case
16		shall be removed to the proper circuit court with
17		jurisdiction.
18		(d) This Section is repealed on January 1, 2027 January 1,
19		2026.
20		(Source: P.A. 102-671, eff. 11-30-21; 103-563, eff. 11-17-23.)
21		(55 ILCS 5/5-43043)
22		(Section scheduled to be repealed on January 1, 2026)
23		Sec. 5-43043. Mechanics lien demand and referral
24		adjudication.
25		(a) Notwithstanding any other provision in this Division,

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1		a county's code hearing unit must adjudicate an expired
2		mechanics lien referred to the unit under Section 3-5010.8.
3		(b) If a county does not have an administrative law judge
4		in its code hearing unit who is familiar with the areas of law
5		relating to mechanics liens, one may be appointed no later
6		than 3 months after the effective date of this amendatory Act
7		of the 100th General Assembly to adjudicate all referrals
8		concerning mechanics liens under Section 3-5010.8.
9		(c) If an administrative law judge familiar with the areas
10		of law relating to mechanics liens has not been appointed as
11		provided in subsection (b) when a mechanics lien is referred
12		under Section 3-5010.8 to the code hearing unit, the case
13		shall be removed to the proper circuit court with
14		jurisdiction.
15		(d) This Section is repealed on January 1, 2027 January 1,
16		2026.
17		(Source: P.A. 102-671, eff. 11-30-21; 103-563, eff. 11-17-23.)
18		Section 1-65. The Park Commissioners Land Sale Act is
19		amended by changing Sections 20 and 25 as follows:
20		(70 ILCS 1235/20)
21		(Section scheduled to be repealed on January 1, 2026)
22		Sec. 20. Elliot Golf Course.
23		(a) Notwithstanding any other provision of law, the
24		Rockford Park District may sell all or part of the property

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1		containing the former Elliot Golf Course or other property
2		adjacent thereto if:
3		(1) the board of commissioners of the Rockford Park
4		District authorizes the sale by a vote of 80% or more of
5		all commissioners in office at the time of the vote; and
6		(2) the sale price equals or exceeds the average of 3
7		independent appraisals commissioned by the Rockford Park
8		District.
9		(b) The sale may be performed in a single transaction or
10		multiple independent transactions and to one or more buyers.
11		(c) The Public Works Department of the City of Rockford
12		shall have the right to review any proposed development plan
13		that is submitted to the Village of Cherry Valley for the
14		properties described in this Section in order to confirm that
15		the proposed development plan does not adversely impact
16		drainage, water detention, or flooding on the property legally
17		described in the perpetual flowage easement recorded as
18		Document Number 9509260 in the Office of the Winnebago County
19		Recorder on March 17, 1995. The Public Works Department of the
20		City of Rockford shall complete its review of any proposed
21		development plan under this subsection (c) within 45 days
22		after its receipt of that plan from the Village of Cherry
23		Valley.
24		(d) This Section is repealed January 1, 2027 January 1,
25		2026.
26		(Source: P.A. 102-923, eff. 5-27-22; 103-1059, eff. 12-20-24.)

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1		(70 ILCS 1235/25)
2		(Section scheduled to be repealed on January 1, 2026)
3		Sec. 25. Sale of Joliet Park District land.
4		(a) Notwithstanding any other provision of law, the Joliet
5		Park District may sell Splash Station if:
6		(1) the board of commissioners of the Joliet Park
7		District authorizes the sale by a four-fifths vote of the
8		commissioners in office at the time of the vote; and
9		(2) the sale price equals or exceeds the average of 3
10		independent appraisals commissioned by the Joliet Park
11		District.
12		(b) This Section is repealed on January 1, 2027 January 1,
13		2026.
14		(Source: P.A. 103-499, eff. 8-4-23; 104-10, eff. 6-16-25.)
15		Article 5.
16		Section 5-5. The Statute on Statutes is amended by
17		changing Section 9 as follows:
18		(5 ILCS 70/9)
19		Sec. 9. Stated repeal date; presentation to Governor. If a
20		bill that changes or eliminates the stated repeal date of an
21		Act or an Article or Section of an Act is passed presented to
22		the Governor by the General Assembly before or within 7

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1		calendar days after the stated repeal date and, after the
2		stated repeal date, either the Governor approves the bill, the
3		General Assembly overrides the Governor's veto of the bill, or
4		the bill becomes law because it is not returned by the Governor
5		within 60 calendar days after it is presented to the Governor,
6		then the Act, Article, or Section shall be deemed to remain in
7		full force and effect from the stated repeal date through the
8		date the Governor approves the bill, the General Assembly
9		overrides the Governor's veto of the bill, or the bill becomes
10		law because it is not returned by the Governor within 60
11		calendar days after it is presented to the Governor.
12		Any action taken in reliance on the continuous effect of
13		such an Act, Article, or Section by any person or entity is
14		hereby validated.
15		(Source: P.A. 102-687, eff. 12-17-21.)
16		Article 10.
17		Section 10-5. The Election Code is amended by adding
18		Section 1-21.5 and by reenacting and changing Section 1-22 as
19		follows:
20		(10 ILCS 5/1-21.5 new)
21		Sec. 1-21.5. Continuation and validation of Illinois
22		Elections and Infrastructure Integrity Task Force.
23		(a) The General Assembly finds and declares the following:

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1		(1) The Illinois Elections and Infrastructure
2		Integrity Task Force was created by Public Act 102-1108,
3		effective December 21, 2022, through the addition of
4		Section 1-22 to this Code.
5		(2) When it was added to this Code by Public Act
6		102-1108, Section 1-22 contained a subsection (d), which
7		provided for the dissolution of the Illinois Elections and
8		Infrastructure Integrity Task Force and the repeal of
9		Section 1-22 on June 1, 2025.
10		(3) Senate Bill 2456 of the 104th General Assembly
11		included a provision that amended Section 1-22 of the
12		Election Code by extending the date for the dissolution of
13		the Illinois Elections and Infrastructure Integrity Task
14		Force and the repeal of Section 1-22 from June 1, 2025 to
15		June 1, 2026, but Senate Bill 2456 did not become law until
16		June 16, 2025.
17		(4) The Statute on Statutes sets forth general rules
18		on the repeal of statutes, but Section 1 of that Act also
19		states that these rules will not be observed when the
20		result would be "inconsistent with the manifest intent of
21		the General Assembly or repugnant to the context of the
22		statute".
23		(5) The actions of the General Assembly in passing
24		Senate Bill 2456 clearly manifested the intention of the
25		General Assembly to extend the date for the dissolution of
26		the Illinois Elections and Infrastructure Integrity Task

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1		Force and the repeal of Section 1-22.
2		(6) Any construction of Section 1-22 that results in
3		the dissolution of the Illinois Elections and
4		Infrastructure Integrity Task Force and the repeal of
5		Section 1-22 on June 1, 2025 would be inconsistent with
6		the manifest intent of the General Assembly.
7		(b) It is hereby declared to be the intent of the General
8		Assembly that Section 1-22 should not be subject to repeal on
9		June 1, 2025 and that the repeal date of the Illinois Elections
10		and Infrastructure Integrity Task Force and Section 1-22 of
11		this Code should be further extended to July 1, 2027.
12		(c) Section 1-22 of this Code, therefore, shall not be
13		subject to repeal on June 1, 2025 and, instead, shall be deemed
14		to have been in continuous effect since its original effective
15		date and shall remain in effect until it is otherwise lawfully
16		repealed.
17		(d) All actions taken in reliance on or pursuant to
18		Section 1-22 by any officer or agency of State government or
19		any other person or entity are validated.
20		(e) To ensure the continuing effectiveness of the Illinois
21		Elections and Infrastructure Integrity Task Force, Section
22		1-22 is set forth in full and re-enacted by this amendatory Act
23		of the 104th General Assembly. This re-enactment is intended
24		as a continuation of the Illinois Elections and Infrastructure
25		Integrity Task Force and Section 1-22. It is not intended to
26		supersede any amendment to Section 1-22 that is enacted by the

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1		General Assembly.
2		(f) In this amendatory Act of the 104th General Assembly,
3		the base text of the reenacted Section is set forth as amended
4		by Public Act 104-10. Striking and underscoring is used only
5		to show additional changes being made to the base text.
6		(g) This amendatory Act of the 104th General Assembly
7		applies to all claims, civil actions, and proceedings pending
8		on or filed on, before, or after the effective date of this
9		amendatory Act.
10		(10 ILCS 5/1-22)
11		Sec. 1-22. The Illinois Elections and Infrastructure
12		Integrity Task Force.
13		(a) The Illinois Elections and Infrastructure Integrity
14		Task Force is created. The Task Force shall consist of the
15		following members:
16		(1) 4 members appointed one each by the Speaker of the
17		House of Representatives, the Minority Leader of the House
18		of Representatives, the President of the Senate, and the
19		Minority Leader of the Senate;
20		(2) one member with subject matter expertise regarding
21		cybersecurity, appointed by the Minority Leader of the
22		House of Representatives;
23		(3) one member with subject matter expertise regarding
24		voting technology or election integrity, appointed by the
25		Speaker of the House;

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1		(4) one member who is an individual with current
2		experience in operational cybersecurity, preferably
3		international operational cybersecurity, appointed by the
4		President of the Senate;
5		(5) one county clerk, appointed by the Minority Leader
6		of the Senate;
7		(6) the Chair of the Board of Election Commissioners
8		for the City of Chicago or the Chair's designee;
9		(7) the county clerk of Cook County;
10		(8) one election administrator, appointed by the
11		Governor;
12		(9) the Executive Director of the State Board of
13		Elections or the Executive Director's designee;
14		(10) the Secretary of State or the Secretary's
15		designee;
16		(11) the Director of the Illinois Emergency Management
17		Agency or the Director's designee;
18		(12) the Secretary of Innovation and Technology or the
19		Secretary's designee; and
20		(13) the Attorney General or the Attorney General's
21		designee.
22		(b) The Task Force shall evaluate and make recommendations
23		to prepare for and prevent foreign interference in elections
24		in advance of the 2024 election and all future elections in the
25		State and to prepare for and prevent potential cyberattacks on
26		State infrastructure. In carrying out its duties, the Task

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1		Force shall prioritize the security of all Illinois residents
2		and cooperation with other states and with law enforcement to
3		protect United States national sovereignty. The Task Force
4		shall submit a report containing its findings and
5		recommendations to the Governor and the General Assembly not
6		later than January 1, 2024. The Task Force shall also submit a
7		report evaluating the 2024 election to the Governor and the
8		General Assembly not later than March 1, 2027 2025.
9		(c) The State Board of Elections shall provide staff and
10		administrative support to the Task Force.
11		(d) The Task Force is dissolved, and this Section is
12		repealed, on July 1, 2027 June 1, 2026.
13		(Source: P.A. 102-1108, eff. 12-21-22; 104-10, eff. 6-16-25.)
14		Article 15.
15		Section 15-5. The Criminal Code of 2012 is amended by
16		reenacting and changing Article 33G as follows:
17		(720 ILCS 5/Art. 33G heading)
18		ARTICLE 33G. ILLINOIS STREET GANG
19		AND RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS LAW
20		(Source: P.A. 97-686, eff. 6-11-12.)
21		(720 ILCS 5/33G-1)
22		Sec. 33G-1. Short title. This Article may be cited as the

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1		Illinois Street Gang and Racketeer Influenced and Corrupt
2		Organizations Law (or "RICO").
3		(Source: P.A. 97-686, eff. 6-11-12.)
4		(720 ILCS 5/33G-2)
5		Sec. 33G-2. Legislative declaration. The substantial harm
6		inflicted on the people and economy of this State by pervasive
7		violent street gangs and other forms of enterprise
8		criminality, is legitimately a matter of grave concern to the
9		people of this State who have a basic right to be protected
10		from that criminal activity and to be given adequate remedies
11		to redress its harms. Whereas the current laws of this State
12		provide inadequate remedies, procedures and punishments, the
13		Illinois General Assembly hereby gives the supplemental
14		remedies of the Illinois Street Gang and Racketeer Influenced
15		and Corrupt Organizations Law full force and effect under law
16		for the common good of this State and its people.
17		(Source: P.A. 97-686, eff. 6-11-12.)
18		(720 ILCS 5/33G-3)
19		Sec. 33G-3. Definitions. As used in this Article:
20		(a) "Another state" means any State of the United States
21		(other than the State of Illinois), or the District of
22		Columbia, or the Commonwealth of Puerto Rico, or any territory
23		or possession of the United States, or any political
24		subdivision, or any department, agency, or instrumentality

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1		thereof.
2		(b) "Enterprise" includes:
3		(1) any partnership, corporation, association,
4		business or charitable trust, or other legal entity; and
5		(2) any group of individuals or other legal entities,
6		or any combination thereof, associated in fact although
7		not itself a legal entity. An association in fact must be
8		held together by a common purpose of engaging in a course
9		of conduct, and it may be associated together for purposes
10		that are both legal and illegal. An association in fact
11		must:
12		(A) have an ongoing organization or structure,
13		either formal or informal;
14		(B) the various members of the group must function
15		as a continuing unit, even if the group changes
16		membership by gaining or losing members over time; and
17		(C) have an ascertainable structure distinct from
18		that inherent in the conduct of a pattern of predicate
19		activity.
20		As used in this Article, "enterprise" includes licit and
21		illicit enterprises.
22		(c) "Labor organization" includes any organization, labor
23		union, craft union, or any voluntary unincorporated
24		association designed to further the cause of the rights of
25		union labor that is constituted for the purpose, in whole or in
26		part, of collective bargaining or of dealing with employers

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1		concerning grievances, terms or conditions of employment, or
2		apprenticeships or applications for apprenticeships, or of
3		other mutual aid or protection in connection with employment,
4		including apprenticeships or applications for apprenticeships.
5		(d) "Operation or management" means directing or carrying
6		out the enterprise's affairs and is limited to any person who
7		knowingly serves as a leader, organizer, operator, manager,
8		director, supervisor, financier, advisor, recruiter, supplier,
9		or enforcer of an enterprise in violation of this Article.
10		(e) "Predicate activity" means any act that is a Class 2
11		felony or higher and constitutes a violation or violations of
12		any of the following provisions of the laws of the State of
13		Illinois (as amended or revised as of the date the activity
14		occurred or, in the instance of a continuing offense, the date
15		that charges under this Article are filed in a particular
16		matter in the State of Illinois) or any act under the law of
17		another jurisdiction for an offense that could be charged as a
18		Class 2 felony or higher in this State:
19		(1) under the Criminal Code of 1961 or the Criminal
20		Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1
21		(first degree murder), 9-3.3 (drug-induced homicide), 10-1
22		(kidnapping), 10-2 (aggravated kidnapping), 10-3.1
23		(aggravated unlawful restraint), 10-4 (forcible
24		detention), 10-5(b)(10) (child abduction), 10-9
25		(trafficking in persons, involuntary servitude, and
26		related offenses), 11-1.20 (criminal sexual assault),

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1		11-1.30 (aggravated criminal sexual assault), 11-1.40
2		(predatory criminal sexual assault of a child), 11-1.60
3		(aggravated criminal sexual abuse), 11-6 (indecent
4		solicitation of a child), 11-6.5 (indecent solicitation of
5		an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting
6		prostitution), 11-14.4 (promoting commercial sexual
7		exploitation of a child), 11-18.1 (patronizing a sexually
8		exploited child; patronizing a sexually exploited child),
9		12-3.05 (aggravated battery), 12-6.4 (criminal street gang
10		recruitment), 12-6.5 (compelling organization membership
11		of persons), 12-7.3 (stalking), 12-7.4 (aggravated
12		stalking), 12-7.5 (cyberstalking), 12-11 or 19-6 (home
13		invasion), 12-11.1 or 18-6 (vehicular invasion), 18-1
14		(robbery; aggravated robbery), 18-2 (armed robbery), 18-3
15		(vehicular hijacking), 18-4 (aggravated vehicular
16		hijacking), 18-5 (aggravated robbery), 19-1 (burglary),
17		19-3 (residential burglary), 20-1 (arson; residential
18		arson; place of worship arson), 20-1.1 (aggravated arson),
19		20-1.2 (residential arson), 20-1.3 (place of worship
20		arson), 24-1.2 (aggravated discharge of a firearm),
21		24-1.2-5 (aggravated discharge of a machine gun or
22		silencer equipped firearm), 24-1.8 (unlawful possession of
23		a firearm by a street gang member), 24-3.2 (unlawful
24		discharge of firearm projectiles), 24-3.9 (aggravated
25		possession of a stolen firearm), 24-3A (gunrunning), 26-5
26		or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15

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1		(soliciting support for terrorism), 29D-15.1 (causing a
2		catastrophe), 29D-15.2 (possession of a deadly substance),
3		29D-20 (making a terrorist threat), 29D-25 (falsely making
4		a terrorist threat), 29D-29.9 (material support for
5		terrorism), 29D-35 (hindering prosecution of terrorism),
6		31A-1.2 (unauthorized contraband in a penal institution),
7		or 33A-3 (armed violence);
8		(2) under the Cannabis Control Act: Sections 5
9		(manufacture or delivery of cannabis), 5.1 (cannabis
10		trafficking), or 8 (production or possession of cannabis
11		plants), provided the offense either involves more than
12		500 grams of any substance containing cannabis or involves
13		more than 50 cannabis sativa plants;
14		(3) under the Illinois Controlled Substances Act:
15		Sections 401 (manufacture or delivery of a controlled
16		substance), 401.1 (controlled substance trafficking), 405
17		(calculated criminal drug conspiracy), or 405.2 (street
18		gang criminal drug conspiracy); or
19		(4) under the Methamphetamine Control and Community
20		Protection Act: Sections 15 (methamphetamine
21		manufacturing), or 55 (methamphetamine delivery).
22		(f) "Pattern of predicate activity" means:
23		(1) at least 3 occurrences of predicate activity that
24		are in some way related to each other and that have
25		continuity between them, and that are separate acts. Acts
26		are related to each other if they are not isolated events,

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1		including if they have similar purposes, or results, or
2		participants, or victims, or are committed a similar way,
3		or have other similar distinguishing characteristics, or
4		are part of the affairs of the same enterprise. There is
5		continuity between acts if they are ongoing over a
6		substantial period, or if they are part of the regular way
7		some entity does business or conducts its affairs; and
8		(2) which occurs after the effective date of this
9		Article, and the last of which falls within 3 years
10		(excluding any period of imprisonment) after the first
11		occurrence of predicate activity.
12		(g) "Unlawful death" includes the following offenses:
13		under the Code of 1961 or the Criminal Code of 2012: Sections
14		9-1 (first degree murder) or 9-2 (second degree murder).
15		(Source: P.A. 103-1071, eff. 7-1-25.)
16		(720 ILCS 5/33G-4)
17		Sec. 33G-4. Prohibited activities.
18		(a) It is unlawful for any person, who intentionally
19		participates in the operation or management of an enterprise,
20		directly or indirectly, to:
21		(1) knowingly do so, directly or indirectly, through a
22		pattern of predicate activity;
23		(2) knowingly cause another to violate this Article;
24		or
25		(3) knowingly conspire to violate this Article.

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1		Notwithstanding any other provision of law, in any
2		prosecution for a conspiracy to violate this Article, no
3		person may be convicted of that conspiracy unless an overt act
4		in furtherance of the agreement is alleged and proved to have
5		been committed by him, her, or by a coconspirator, but the
6		commission of the overt act need not itself constitute
7		predicate activity underlying the specific violation of this
8		Article.
9		(b) It is unlawful for any person knowingly to acquire or
10		maintain, directly or indirectly, through a pattern of
11		predicate activity any interest in, or control of, to any
12		degree, any enterprise, real property, or personal property of
13		any character, including money.
14		(c) Nothing in this Article shall be construed as to make
15		unlawful any activity which is arguably protected or
16		prohibited by the National Labor Relations Act, the Illinois
17		Educational Labor Relations Act, the Illinois Public Labor
18		Relations Act, or the Railway Labor Act.
19		(d) The following organizations, and any officer or agent
20		of those organizations acting in his or her official capacity
21		as an officer or agent, may not be sued in civil actions under
22		this Article:
23		(1) a labor organization; or
24		(2) any business defined in Division D, E, F, G, H, or
25		I of the Standard Industrial Classification as established
26		by the Occupational Safety and Health Administration, U.S.

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1		Department of Labor.
2		(e) Any person prosecuted under this Article may be
3		convicted and sentenced either:
4		(1) for the offense of conspiring to violate this
5		Article, and for any other particular offense or offenses
6		that may be one of the objects of a conspiracy to violate
7		this Article; or
8		(2) for the offense of violating this Article, and for
9		any other particular offense or offenses that may
10		constitute predicate activity underlying a violation of
11		this Article.
12		(f) The State's Attorney, or a person designated by law to
13		act for him or her and to perform his or her duties during his
14		or her absence or disability, may authorize a criminal
15		prosecution under this Article. Prior to any State's Attorney
16		authorizing a criminal prosecution under this Article, the
17		State's Attorney shall adopt rules and procedures governing
18		the investigation and prosecution of any offense enumerated in
19		this Article. These rules and procedures shall set forth
20		guidelines which require that any potential prosecution under
21		this Article be subject to an internal approval process in
22		which it is determined, in a written prosecution memorandum
23		prepared by the State's Attorney's Office, that (1) a
24		prosecution under this Article is necessary to ensure that the
25		indictment adequately reflects the nature and extent of the
26		criminal conduct involved in a way that prosecution only on

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1		the underlying predicate activity would not, and (2) a
2		prosecution under this Article would provide the basis for an
3		appropriate sentence under all the circumstances of the case
4		in a way that a prosecution only on the underlying predicate
5		activity would not. No State's Attorney, or person designated
6		by law to act for him or her and to perform his or her duties
7		during his or her absence or disability, may authorize a
8		criminal prosecution under this Article prior to reviewing the
9		prepared written prosecution memorandum. However, any internal
10		memorandum shall remain protected from disclosure under the
11		attorney-client privilege, and this provision does not create
12		any enforceable right on behalf of any defendant or party, nor
13		does it subject the exercise of prosecutorial discretion to
14		judicial review.
15		(g) A labor organization and any officer or agent of that
16		organization acting in his or her capacity as an officer or
17		agent of the labor organization are exempt from prosecution
18		under this Article.
19		(Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.)
20		(720 ILCS 5/33G-5)
21		Sec. 33G-5. Penalties. Under this Article, notwithstanding
22		any other provision of law:
23		(a) Any violation of subsection (a) of Section 33G-4 of
24		this Article shall be sentenced as a Class X felony with a term
25		of imprisonment of not less than 7 years and not more than 30

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1		years, or the sentence applicable to the underlying predicate
2		activity, whichever is higher, and the sentence imposed shall
3		also include restitution, and/or a criminal fine, jointly and
4		severally, up to $250,000 or twice the gross amount of any
5		intended proceeds of the violation, if any, whichever is
6		higher.
7		(b) Any violation of subsection (b) of Section 33G-4 of
8		this Article shall be sentenced as a Class X felony, and the
9		sentence imposed shall also include restitution, and/or a
10		criminal fine, jointly and severally, up to $250,000 or twice
11		the gross amount of any intended proceeds of the violation, if
12		any, whichever is higher.
13		(c) Wherever the unlawful death of any person or persons
14		results as a necessary or natural consequence of any violation
15		of this Article, the sentence imposed on the defendant shall
16		include an enhanced term of imprisonment of at least 25 years
17		up to natural life, in addition to any other penalty imposed by
18		the court, provided:
19		(1) the death or deaths were reasonably foreseeable to
20		the defendant to be sentenced; and
21		(2) the death or deaths occurred when the defendant
22		was otherwise engaged in the violation of this Article as
23		a whole.
24		(d) A sentence of probation, periodic imprisonment,
25		conditional discharge, impact incarceration or county impact
26		incarceration, court supervision, withheld adjudication, or

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1		any pretrial diversionary sentence or suspended sentence, is
2		not authorized for a violation of this Article.
3		(Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.)
4		(720 ILCS 5/33G-6)
5		Sec. 33G-6. Remedial proceedings, procedures, and
6		forfeiture.
7		(a) Under this Article, the circuit court shall have
8		jurisdiction to prevent and restrain violations of this
9		Article by issuing appropriate orders, including:
10		(1) ordering any person to disgorge illicit proceeds
11		obtained by a violation of this Article or divest himself
12		or herself of any interest, direct or indirect, in any
13		enterprise or real or personal property of any character,
14		including money, obtained, directly or indirectly, by a
15		violation of this Article;
16		(2) imposing reasonable restrictions on the future
17		activities or investments of any person or enterprise,
18		including prohibiting any person or enterprise from
19		engaging in the same type of endeavor as the person or
20		enterprise engaged in, that violated this Article; or
21		(3) ordering dissolution or reorganization of any
22		enterprise, making due provision for the rights of
23		innocent persons.
24		(b) Any violation of this Article is subject to the
25		remedies, procedures, and forfeiture as set forth in Article

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1		29B of this Code.
2		(c) Property seized or forfeited under this Article is
3		subject to reporting under the Seizure and Forfeiture
4		Reporting Act.
5		(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
6		101-81, eff. 7-12-19.)
7		(720 ILCS 5/33G-7)
8		Sec. 33G-7. Construction. In interpreting the provisions
9		of this Article, the court shall construe them in light of the
10		applicable model jury instructions set forth in the Federal
11		Criminal Jury Instructions for the Seventh Circuit (1999) for
12		Title IX of Public Law 91-452, 84 Stat. 922 (as amended in
13		Title 18, United States Code, Sections 1961 through 1968),
14		except to the extent that they are inconsistent with the plain
15		language of this Article.
16		(Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.)
17		(720 ILCS 5/33G-8)
18		Sec. 33G-8. Limitations. Under this Article,
19		notwithstanding any other provision of law, but otherwise
20		subject to the periods of exclusion from limitation as
21		provided in Section 3-7 of this Code, the following
22		limitations apply:
23		(a) Any action, proceeding, or prosecution brought under
24		this Article must commence within 5 years of one of the

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1		following dates, whichever is latest:
2		(1) the date of the commission of the last occurrence
3		of predicate activity in a pattern of that activity, in
4		the form of an act underlying the alleged violation of
5		this Article; or
6		(2) in the case of an action, proceeding, or
7		prosecution, based upon a conspiracy to violate this
8		Article, the date that the last objective of the alleged
9		conspiracy was accomplished, defeated or abandoned
10		(whichever is later); or
11		(3) the date any minor victim of the violation attains
12		the age of 18 years or the date any victim of the violation
13		subject to a legal disability thereafter gains legal
14		capacity.
15		(b) Any action, proceeding, or prosecution brought under
16		this Article may be commenced at any time against all
17		defendants if the conduct of any defendant, or any part of the
18		overall violation, resulted in the unlawful death of any
19		person or persons.
20		(Source: P.A. 97-686, eff. 6-11-12.)
21		(720 ILCS 5/33G-9)
22		Sec. 33G-9. Repeal. This Article is repealed on July June
23		1, 2027.
24		(Source: P.A. 102-918, eff. 5-27-22; 103-4, eff. 5-31-23;
25		104-10, eff. 6-16-25.)

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1		(720 ILCS 5/33G-10 new)
2		Sec. 33G-10. Continuation and validation of Illinois
3		Street Gang and Racketeer Influenced and Corrupt Organizations
4		Law.
5		(a) The General Assembly finds and declares the following:
6		(1) When Article 33G was added to this Code by Public
7		Act 97-686, it contained a Section 33G-9, which specified
8		that Article 33G was repealed 5 years after June 11, 2012,
9		the effective date of Public Act 97-686.
10		(2) As a result of several subsequent enactments,
11		including Public Act 103-4, the repeal date of Article 33G
12		was extended to June 1, 2025.
13		(3) Senate Bill 2456 of the 104th General Assembly
14		included a provision that further extended the repeal date
15		of Article 33G from June 1, 2025 to June 1, 2027, but
16		Senate Bill 2456 did not become law until June 16, 2025.
17		(4) The Statute on Statutes sets forth general rules
18		on the repeal of statutes, but Section 1 of that Act also
19		states that these rules will not be observed when the
20		result would be "inconsistent with the manifest intent of
21		the General Assembly or repugnant to the context of the
22		statute".
23		(5) The actions of the General Assembly in passing
24		Senate Bill 2456 clearly manifested the intention of the
25		General Assembly to extend the date for the repeal of

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1		Article 33G of this Code.
2		(6) Any construction of Section 33G-9 that results in
3		the repeal of Article 33G of this Code on June 1, 2025
4		would be inconsistent with the manifest intent of the
5		General Assembly.
6		(b) It is hereby declared to be the intent of the General
7		Assembly that Article 33G of this Code should not be subject to
8		repeal on June 1, 2025 and that the repeal date of Article 33G
9		of this Code should be further extended to July 1, 2027.
10		(c) Article 33G, therefore, shall not be subject to repeal
11		on June 1, 2025 and, instead, shall be deemed to have been in
12		continuous effect since its original effective date and shall
13		remain in effect until it is otherwise lawfully repealed.
14		(d) All actions taken in reliance on or pursuant to
15		Article 33G by any officer or agency of State government or any
16		other person or entity are validated.
17		(e) To ensure the continuing effectiveness of Article 33G
18		of this Code, Article 33G is set forth in full and re-enacted
19		by this amendatory Act of the 104th General Assembly. This
20		re-enactment is intended as a continuation of Article 33G. It
21		is not intended to supersede any amendment to Article 33G that
22		is enacted by the General Assembly.
23		(f) In this amendatory Act of the 104th General Assembly,
24		the base text of the reenacted Section is set forth as amended
25		by Public Act 104-10. Striking and underscoring is used only
26		to show additional changes being made to the base text.

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1		(g) This amendatory Act of the 104th General Assembly
2		applies to all claims, civil actions, and proceedings pending
3		on or filed on, before, or after the effective date of this
4		amendatory Act.
5		Article 20.
6		Section 20-5. The Eminent Domain Act is amended by adding
7		Section 25-5-104.5 and by reenacting and changing Section
8		25-5-105 as follows:
9		(735 ILCS 30/25-5-104.5 new)
10		Sec. 25-5-104.5. Continuation and validation of quick-take
11		powers; Menard County; Athens Blacktop.
12		(a) The General Assembly finds and declares the following:
13		(1) When Section 25-5-105 was added to this Act by
14		Public Act 103-3, it contained a provision that called for
15		Section 25-5-105 to be repealed May 31, 2023, which was 2
16		years after the effective date of Public Act 103-3.
17		(2) As a result of the enactment of Public Act
18		103-605, the repeal date of Section 25-5-105 was extended
19		to May 31, 2025.
20		(3) Senate Bill 2456 of the 104th General Assembly
21		included a provision that further extended the repeal date
22		of Section 25-5-105 from May 31, 2025 to May 31, 2026, but
23		Senate Bill 2456 did not become law until June 16, 2025.

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1		(4) The Statute on Statutes sets forth general rules
2		on the repeal of statutes, but Section 1 of that Act also
3		states that these rules will not be observed when the
4		result would be "inconsistent with the manifest intent of
5		the General Assembly or repugnant to the context of the
6		statute".
7		(5) The actions of the General Assembly in passing
8		Senate Bill 2456 clearly manifested the intention of the
9		General Assembly to extend the date for the repeal of
10		Section 25-5-105.
11		(6) Any construction of Section 25-5-105 that results
12		in the repeal of Section 25-5-105 on May 31, 2025 would be
13		inconsistent with the manifest intent of the General
14		Assembly.
15		(b) It is hereby declared to be the intent of the General
16		Assembly that Section 25-5-105 should not be subject to repeal
17		on May 31, 2025 and that the repeal date of Section 25-5-105
18		should be further extended to July 1, 2027.
19		(c) Section 25-5-105 of this Act, therefore, shall not be
20		subject to repeal on May 31, 2025 and, instead, shall be deemed
21		to have been in continuous effect since its original effective
22		date and shall remain in effect until it is otherwise lawfully
23		repealed.
24		(d) All actions taken in reliance on or pursuant to
25		Section 25-5-105 by any officer or agency of State government
26		or any other person or entity are validated.

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1		(e) To ensure the continuing effectiveness of Section
2		25-5-105, Section 25-5-105 is set forth in full and re-enacted
3		by this amendatory Act of the 104th General Assembly. This
4		re-enactment is intended as a continuation of Section
5		25-5-105. It is not intended to supersede any amendment to
6		Section 25-5-105 that is enacted by the General Assembly.
7		(f) In this amendatory Act of the 104th General Assembly,
8		the base text of the reenacted Section is set forth as amended
9		by Public Act 104-10. Striking and underscoring is used only
10		to show additional changes being made to the base text.
11		(g) This amendatory Act of the 104th General Assembly
12		applies to all claims, civil actions, and proceedings pending
13		on or filed on, before, or after the effective date of this
14		amendatory Act.
15		(735 ILCS 30/25-5-105)
16		Sec. 25-5-105. Quick-take; Menard County; Athens Blacktop.
17		(a) Quick-take proceedings under Article 20 may be used
18		for a period of one year after May 31, 2025 (2 years after the
19		effective date of Public Act 103-3) by Menard County for the
20		acquisition of the following described property for the
21		purpose of reconstructing the Athens Blacktop corridor.
22		Route: FAS 574/Athens Blacktop Road
23		County: Menard
24		Parcel No.: D-18

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1		P.I.N. No.: 12-28-400-006
2		Section: 09-00056-05-EG
3		Station: RT 181+94.77
4		Station: RT 188+48.97
5		A part of the Southeast Quarter of Section 28,
6		Township 18 North, Range 6 West of the Third Principal
7		Meridian, described as follows:
8		Commencing at the Northeast corner of the Southeast
9		Quarter of said Section 28; thence South 89 degrees 42
10		minutes 06 seconds West along the north line of the
11		Southeast Quarter of said Section 28, a distance of 669.81
12		feet to the northeast parcel corner and the point of
13		beginning; thence South 02 degrees 24 minutes 13 seconds
14		East along the east parcel line, 80.48 feet; thence South
15		72 degrees 55 minutes 03 seconds West, 103.39 feet; thence
16		South 89 degrees 43 minutes 40 seconds West, 150.00 feet;
17		thence North 86 degrees 08 minutes 49 seconds West, 405.10
18		feet to the west parcel line; thence North 01 degree 06
19		minutes 28 seconds West along said line, 80.89 feet to the
20		north line of the Southeast Quarter of said Section 28;
21		thence North 89 degrees 42 minutes 06 seconds East along
22		said line, 651.20 feet to the point of beginning,
23		containing 0.860 acres, more or less of new right of way
24		and 0.621 acres, more or less of existing right of way.
25		Route: FAS 574/Athens Blacktop Road

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1		County: Menard
2		Parcel No.: D-19
3		P.I.N. No.: 12-28-400-007
4		Section: 09-00056-05-EG
5		Station: RT 188+46.59
6		Station: RT 191+17.37
7		A part of the Southeast Quarter of Section 28,
8		Township 18 North, Range 6 West of the Third Principal
9		Meridian, described as follows:
10		Commencing at the Northeast corner of the Southeast
11		Quarter of said Section 28; thence South 89 degrees 42
12		minutes 06 seconds West along the north line of the
13		Southeast Quarter of said Section 28, a distance of 399.89
14		feet to the northeast parcel corner and the point of
15		beginning; thence South 01 degree 10 minutes 54 seconds
16		East along the east parcel line, 92.67 feet; thence South
17		80 degrees 35 minutes 32 seconds West, 17.59 feet; thence
18		South 89 degrees 43 minutes 40 seconds West, 75.00 feet;
19		thence North 00 degrees 16 minutes 20 seconds West, 45.45
20		feet to the existing southerly right of way line of Athens
21		Blacktop Road (FAS 574); thence South 89 degrees 42
22		minutes 25 seconds West along said line, 75.00 feet;
23		thence South 72 degrees 55 minutes 03 seconds West, 105.54
24		feet to the west parcel line; thence North 02 degrees 24
25		minutes 13 seconds West along said line, 80.48 feet to the
26		north line of the Southeast Quarter of said Section 28;

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1		thence North 89 degrees 42 minutes 06 seconds East along
2		said line, 269.92 feet to the point of beginning,
3		containing 0.137 acres, more or less of new right of way
4		and 0.303 acres, more or less of existing right of way.
5		(b) This Section is repealed July 1, 2027 May 31, 2026 (3
6		years after the effective date of Public Act 103-3).
7		(Source: P.A. 103-3, eff. 5-31-23; 103-605, eff. 7-1-24;
8		104-10, eff. 6-16-25)
9		Article 25.
10		Section 25-5. The Election Code is amended by changing
11		Section 10-6 as follows:
12		(10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
13		Sec. 10-6. Time and manner of filing. Except as otherwise
14		provided in this Code, certificates of nomination and
15		nomination papers for the nomination of candidates for offices
16		to be filled by electors of the entire State, or any district
17		not entirely within a county, or for congressional, state
18		legislative or judicial offices, shall be presented to the
19		principal office of the State Board of Elections not more than
20		169 nor less than 162 days previous to the day of election for
21		which the candidates are nominated. The State Board of
22		Elections shall endorse the certificates of nomination or
23		nomination papers, as the case may be, and the date and hour of

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1		presentment to it. Except as otherwise provided in this Code,
2		all other certificates for the nomination of candidates shall
3		be filed with the county clerk of the respective counties not
4		more than 169 but at least 162 days previous to the day of such
5		election. Certificates of nomination and nomination papers for
6		the nomination of candidates for school district offices to be
7		filled at consolidated elections shall be filed with the
8		county clerk or county board of election commissioners of the
9		county in which the principal office of the school district is
10		located not more than 141 nor less than 134 days before the
11		consolidated election. Except as otherwise provided in this
12		Code, certificates of nomination and nomination papers for the
13		nomination of candidates for the other offices of political
14		subdivisions to be filled at regular elections other than the
15		general election shall be filed with the local election
16		official of such subdivision:
17		(1) (blank);
18		(2) not more than 141 nor less than 134 days prior to
19		the consolidated election; or
20		(3) not more than 141 nor less than 134 days prior to
21		the general primary in the case of municipal offices to be
22		filled at the general primary election; or
23		(4) not more than 127 nor less than 120 days before the
24		consolidated primary in the case of municipal offices to
25		be elected on a nonpartisan basis pursuant to law
26		(including, without limitation, those municipal offices

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1		subject to Articles 4 and 5 of the Municipal Code); or
2		(5) not more than 141 nor less than 134 days before the
3		municipal primary in even numbered years for such
4		nonpartisan municipal offices where annual elections are
5		provided; or
6		(6) in the case of petitions for the office of
7		multi-township assessor, such petitions shall be filed
8		with the election authority not more than 141 113 nor less
9		than 134 days before the consolidated election.
10		However, where a political subdivision's boundaries are
11		co-extensive with or are entirely within the jurisdiction of a
12		municipal board of election commissioners, the certificates of
13		nomination and nomination papers for candidates for such
14		political subdivision offices shall be filed in the office of
15		such Board.
16		(Source: P.A. 102-15, eff. 6-17-21; 103-600, eff. 7-1-24.)
17		Section 25-10. The Illinois Municipal Code is amended by
18		changing Section 3.1-10-50 as follows:
19		(65 ILCS 5/3.1-10-50)
20		Sec. 3.1-10-50. Events upon which an elective office
21		becomes vacant in municipality with population under 500,000.
22		(a) Vacancy by resignation. A resignation is not effective
23		unless it is in writing, signed by the person holding the
24		elective office, and notarized.

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1		(1) Unconditional resignation. An unconditional
2		resignation by a person holding the elective office may
3		specify a future date, not later than 60 days after the
4		date the resignation is received by the officer authorized
5		to fill the vacancy, at which time it becomes operative,
6		but the resignation may not be withdrawn after it is
7		received by the officer authorized to fill the vacancy.
8		The effective date of a resignation that does not specify
9		a future date at which it becomes operative is the date the
10		resignation is received by the officer authorized to fill
11		the vacancy. The effective date of a resignation that has
12		a specified future effective date is that specified future
13		date or the date the resignation is received by the
14		officer authorized to fill the vacancy, whichever date
15		occurs later.
16		(2) Conditional resignation. A resignation that does
17		not become effective unless a specified event occurs can
18		be withdrawn at any time prior to the occurrence of the
19		specified event, but if not withdrawn, the effective date
20		of the resignation is the date of the occurrence of the
21		specified event or the date the resignation is received by
22		the officer authorized to fill the vacancy, whichever date
23		occurs later.
24		(3) Vacancy upon the effective date. For the purpose
25		of determining the time period that would require an
26		election to fill the vacancy by resignation or the

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1		commencement of the 60-day time period referred to in
2		subsection (e), the resignation of an elected officer is
3		deemed to have created a vacancy as of the effective date
4		of the resignation.
5		(4) Duty of the clerk. If a resignation is delivered
6		to the clerk of the municipality, the clerk shall forward
7		a certified copy of the written resignation to the
8		official who is authorized to fill the vacancy within 7
9		business days after receipt of the resignation.
10		(b) Vacancy by death or disability. A vacancy occurs in an
11		office by reason of the death of the incumbent. The date of the
12		death may be established by the date shown on the death
13		certificate. A vacancy occurs in an office by permanent
14		physical or mental disability rendering the person incapable
15		of performing the duties of the office. The corporate
16		authorities have the authority to make the determination
17		whether an officer is incapable of performing the duties of
18		the office because of a permanent physical or mental
19		disability. A finding of mental disability shall not be made
20		prior to the appointment by a court of a guardian ad litem for
21		the officer or until a duly licensed doctor certifies, in
22		writing, that the officer is mentally impaired to the extent
23		that the officer is unable to effectively perform the duties
24		of the office. If the corporate authorities find that an
25		officer is incapable of performing the duties of the office
26		due to permanent physical or mental disability, that person is

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1		removed from the office and the vacancy of the office occurs on
2		the date of the determination.
3		(c) Vacancy by other causes.
4		(1) Abandonment and other causes. A vacancy occurs in
5		an office by reason of abandonment of office; removal from
6		office; or failure to qualify; or more than temporary
7		removal of residence from the municipality; or in the case
8		of an alderperson of a ward or councilman or trustee of a
9		district, more than temporary removal of residence from
10		the ward or district, as the case may be. The corporate
11		authorities have the authority to determine whether a
12		vacancy under this subsection has occurred. If the
13		corporate authorities determine that a vacancy exists, the
14		office is deemed vacant as of the date of that
15		determination for all purposes including the calculation
16		under subsections (e), (f), and (g).
17		(2) Guilty of a criminal offense. An admission of
18		guilt of a criminal offense that upon conviction would
19		disqualify the municipal officer from holding the office,
20		in the form of a written agreement with State or federal
21		prosecutors to plead guilty to a felony, bribery, perjury,
22		or other infamous crime under State or federal law,
23		constitutes a resignation from that office, effective on
24		the date the plea agreement is made. For purposes of this
25		Section, a conviction for an offense that disqualifies a
26		municipal officer from holding that office occurs on the

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1		date of the return of a guilty verdict or, in the case of a
2		trial by the court, on the entry of a finding of guilt.
3		(3) Election declared void. A vacancy occurs on the
4		date of the decision of a competent tribunal declaring the
5		election of the officer void.
6		(4) Owing a debt to the municipality. A vacancy occurs
7		if a municipal official fails to pay a debt to a
8		municipality in which the official has been elected or
9		appointed to an elected position subject to the following:
10		(A) Before a vacancy may occur under this
11		paragraph (4), the municipal clerk shall deliver, by
12		personal service, a written notice to the municipal
13		official that (i) the municipal official is in arrears
14		of a debt to the municipality, (ii) that municipal
15		official must either pay or contest the debt within 30
16		days after receipt of the notice or the municipal
17		official will be disqualified and his or her office
18		vacated, and (iii) if the municipal official chooses
19		to contest the debt, the municipal official must
20		provide written notice to the municipal clerk of the
21		contesting of the debt. A copy of the notice, and the
22		notice to contest, shall also be mailed by the
23		municipal clerk to the appointed municipal attorney by
24		certified mail. If the municipal clerk is the
25		municipal official indebted to the municipality, the
26		mayor or president of the municipality shall assume

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1		the duties of the municipal clerk required under this
2		paragraph (4).
3		(B) In the event that the municipal official
4		chooses to contest the debt, a hearing shall be held
5		within 30 days of the municipal clerk's receipt of the
6		written notice of contest from the municipal official.
7		An appointed municipal hearing officer shall preside
8		over the hearing, and shall hear testimony and accept
9		evidence relevant to the existence of the debt owed by
10		the municipal officer to the municipality.
11		(C) Upon the conclusion of the hearing, the
12		hearing officer shall make a determination on the
13		basis of the evidence presented as to whether or not
14		the municipal official is in arrears of a debt to the
15		municipality. The determination shall be in writing
16		and shall be designated as findings, decision, and
17		order. The findings, decision, and order shall
18		include: (i) the hearing officer's findings of fact;
19		(ii) a decision of whether or not the municipal
20		official is in arrears of a debt to the municipality
21		based upon the findings of fact; and (iii) an order
22		that either directs the municipal official to pay the
23		debt within 30 days or be disqualified and his or her
24		office vacated or dismisses the matter if a debt owed
25		to the municipality is not proved. A copy of the
26		hearing officer's written determination shall be

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1		served upon the municipal official in open proceedings
2		before the hearing officer. If the municipal official
3		does not appear for receipt of the written
4		determination, the written determination shall be
5		deemed to have been served on the municipal official
6		on the date when a copy of the written determination is
7		personally served on the municipal official or on the
8		date when a copy of the written determination is
9		deposited in the United States mail, postage prepaid,
10		addressed to the municipal official at the address on
11		record with the municipality.
12		(D) A municipal official aggrieved by the
13		determination of a hearing officer may secure judicial
14		review of such determination in the circuit court of
15		the county in which the hearing was held. The
16		municipal official seeking judicial review must file a
17		petition with the clerk of the court and must serve a
18		copy of the petition upon the municipality by
19		registered or certified mail within 5 days after
20		service of the determination of the hearing officer.
21		The petition shall contain a brief statement of the
22		reasons why the determination of the hearing officer
23		should be reversed. The municipal official shall file
24		proof of service with the clerk of the court. No answer
25		to the petition need be filed, but the municipality
26		shall cause the record of proceedings before the

HB1437 Enrolled - 97 - LRB104 08139 SPS 18185 b
1		hearing officer to be filed with the clerk of the court
2		on or before the date of the hearing on the petition or
3		as ordered by the court. The court shall set the matter
4		for hearing to be held within 30 days after the filing
5		of the petition and shall make its decision promptly
6		after such hearing.
7		(E) If a municipal official chooses to pay the
8		debt, or is ordered to pay the debt after the hearing,
9		the municipal official must present proof of payment
10		to the municipal clerk that the debt was paid in full,
11		and, if applicable, within the required time period as
12		ordered by a hearing officer or circuit court judge.
13		(F) A municipal official will be disqualified and
14		his or her office vacated pursuant to this paragraph
15		(4) on the later of the following times if the
16		municipal official: (i) fails to pay or contest the
17		debt within 30 days of the municipal official's
18		receipt of the notice of the debt; (ii) fails to pay
19		the debt within 30 days after being served with a
20		written determination under subparagraph (C) ordering
21		the municipal official to pay the debt; or (iii) fails
22		to pay the debt within 30 days after being served with
23		a decision pursuant to subparagraph (D) upholding a
24		hearing officer's determination that the municipal
25		officer has failed to pay a debt owed to a
26		municipality.

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1		(G) For purposes of this paragraph, a "debt" shall
2		mean an arrearage in a definitely ascertainable and
3		quantifiable amount after service of written notice
4		thereof, in the payment of any indebtedness due to the
5		municipality, which has been adjudicated before a
6		tribunal with jurisdiction over the matter. A
7		municipal official is considered in arrears of a debt
8		to a municipality if a debt is more than 30 days
9		overdue from the date the debt was due.
10		(d) Election of an acting mayor or acting president. The
11		election of an acting mayor or acting president pursuant to
12		subsection (f) or (g) does not create a vacancy in the original
13		office of the person on the city council or as a trustee, as
14		the case may be, unless the person resigns from the original
15		office following election as acting mayor or acting president.
16		If the person resigns from the original office following
17		election as acting mayor or acting president, then the
18		original office must be filled pursuant to the terms of this
19		Section and the acting mayor or acting president shall
20		exercise the powers of the mayor or president and shall vote
21		and have veto power in the manner provided by law for a mayor
22		or president. If the person does not resign from the original
23		office following election as acting mayor or acting president,
24		then the acting mayor or acting president shall exercise the
25		powers of the mayor or president but shall be entitled to vote
26		only in the manner provided for as the holder of the original

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1		office and shall not have the power to veto. If the person does
2		not resign from the original office following election as
3		acting mayor or acting president, and if that person's
4		original term of office has not expired when a mayor or
5		president is elected and has qualified for office, the acting
6		mayor or acting-president shall return to the original office
7		for the remainder of the term thereof.
8		(e) Appointment to fill alderperson or trustee vacancy. An
9		appointment by the mayor or president or acting mayor or
10		acting president, as the case may be, of a qualified person as
11		described in Section 3.1-10-5 of this Code to fill a vacancy in
12		the office of alderperson or trustee must be made within 60
13		days after the vacancy occurs. Once the appointment of the
14		qualified person has been forwarded to the corporate
15		authorities, the corporate authorities shall act upon the
16		appointment within 30 days. If the appointment fails to
17		receive the advice and consent of the corporate authorities
18		within 30 days, the mayor or president or acting mayor or
19		acting president shall appoint and forward to the corporate
20		authorities a second qualified person as described in Section
21		3.1-10-5. Once the appointment of the second qualified person
22		has been forwarded to the corporate authorities, the corporate
23		authorities shall act upon the appointment within 30 days. If
24		the appointment of the second qualified person also fails to
25		receive the advice and consent of the corporate authorities,
26		then the mayor or president or acting mayor or acting

HB1437 Enrolled - 100 - LRB104 08139 SPS 18185 b
1		president, without the advice and consent of the corporate
2		authorities, may make a temporary appointment from those
3		persons who were appointed but whose appointments failed to
4		receive the advice and consent of the corporate authorities.
5		The person receiving the temporary appointment shall serve
6		until an appointment has received the advice and consent and
7		the appointee has qualified or until a person has been elected
8		and has qualified, whichever first occurs.
9		(f) Election to fill vacancies in municipal offices with
10		4-year terms. If a vacancy occurs in an elective municipal
11		office with a 4-year term and there remains an unexpired
12		portion of the term of at least 28 months, and the vacancy
13		occurs before the period to file petitions for at least 130
14		days before the general municipal election next scheduled
15		under the general election law, then the vacancy shall be
16		filled for the remainder of the term at that general municipal
17		election. Whenever an election is held for this purpose, the
18		municipal clerk shall certify the office to be filled and the
19		candidates for the office to the proper election authorities
20		as provided in the general election law. If a vacancy occurs
21		with less than 28 months remaining in the unexpired portion of
22		the term or after the period to file petitions for less than
23		130 days before the general municipal election, then:
24		(1) Mayor or president. If the vacancy is in the
25		office of mayor or president, the vacancy must be filled
26		by the corporate authorities electing one of their members

HB1437 Enrolled - 101 - LRB104 08139 SPS 18185 b
1		as acting mayor or acting president. Except as set forth
2		in subsection (d), the acting mayor or acting president
3		shall perform the duties and possess all the rights and
4		powers of the mayor or president until a mayor or
5		president is elected at the next general municipal
6		election and has qualified. However, in villages with a
7		population of less than 5,000, if each of the trustees
8		either declines the election as acting president or is not
9		elected by a majority vote of the trustees presently
10		holding office, then the trustees may elect, as acting
11		president, any other village resident who is qualified to
12		hold municipal office, and the acting president shall
13		exercise the powers of the president and shall vote and
14		have veto power in the manner provided by law for a
15		president.
16		(2) Alderperson or trustee. If the vacancy is in the
17		office of alderperson or trustee, the vacancy must be
18		filled by the mayor or president or acting mayor or acting
19		president, as the case may be, in accordance with
20		subsection (e).
21		(3) Other elective office. If the vacancy is in any
22		elective municipal office other than mayor or president or
23		alderperson or trustee, the mayor or president or acting
24		mayor or acting president, as the case may be, must
25		appoint a qualified person to hold the office until the
26		office is filled by election, subject to the advice and

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1		consent of the city council or the board of trustees, as
2		the case may be.
3		(g) Vacancies in municipal offices with 2-year terms. In
4		the case of an elective municipal office with a 2-year term, if
5		the vacancy occurs before the period to file petitions for at
6		least 130 days before the general municipal election next
7		scheduled under the general election law, the vacancy shall be
8		filled for the remainder of the term at that general municipal
9		election. If the vacancy occurs after the period to file
10		petitions for less than 130 days before the general municipal
11		election, then:
12		(1) Mayor or president. If the vacancy is in the
13		office of mayor or president, the vacancy must be filled
14		by the corporate authorities electing one of their members
15		as acting mayor or acting president. Except as set forth
16		in subsection (d), the acting mayor or acting president
17		shall perform the duties and possess all the rights and
18		powers of the mayor or president until a mayor or
19		president is elected at the next general municipal
20		election and has qualified. However, in villages with a
21		population of less than 5,000, if each of the trustees
22		either declines the election as acting president or is not
23		elected by a majority vote of the trustees presently
24		holding office, then the trustees may elect, as acting
25		president, any other village resident who is qualified to
26		hold municipal office, and the acting president shall

HB1437 Enrolled - 103 - LRB104 08139 SPS 18185 b
1		exercise the powers of the president and shall vote and
2		have veto power in the manner provided by law for a
3		president.
4		(2) Alderperson or trustee. If the vacancy is in the
5		office of alderperson or trustee, the vacancy must be
6		filled by the mayor or president or acting mayor or acting
7		president, as the case may be, in accordance with
8		subsection (e).
9		(3) Other elective office. If the vacancy is in any
10		elective municipal office other than mayor or president or
11		alderperson or trustee, the mayor or president or acting
12		mayor or acting president, as the case may be, must
13		appoint a qualified person to hold the office until the
14		office is filled by election, subject to the advice and
15		consent of the city council or the board of trustees, as
16		the case may be.
17		(h) In cases of vacancies arising by reason of an election
18		being declared void pursuant to paragraph (3) of subsection
19		(c), persons holding elective office prior thereto shall hold
20		office until their successors are elected and qualified or
21		appointed and confirmed by advice and consent, as the case may
22		be.
23		(i) This Section applies only to municipalities with
24		populations under 500,000.
25		(Source: P.A. 102-15, eff. 6-17-21.)

HB1437 Enrolled - 104 - LRB104 08139 SPS 18185 b
1		Section 25-15. The Downstate Forest Preserve District Act
2		is amended by changing Section 3c-2 as follows:
3		(70 ILCS 805/3c-2)
4		Sec. 3c-2. Continuous effect of provisions; validation.
5		The General Assembly declares that the changes made to
6		Sections 3c and 3c-1 by this amendatory Act of the 103rd
7		General Assembly shall be deemed to have been in continuous
8		effect since November 15, 2021 (the effective date of Public
9		Act 102-668 102-688) and shall continue to be in effect until
10		they are lawfully repealed. All actions that were taken on or
11		after 2021 and before the effective date of this amendatory
12		Act of the 103rd General Assembly by a downstate forest
13		preserve district or any other person and that are consistent
14		with or in reliance on the changes made to Sections 3c and 3c-1
15		by this amendatory Act of the 103rd General Assembly are
16		hereby validated.
17		(Source: P.A. 103-600, eff. 7-1-24.)
18		Section 25-20. The Park District Code is amended by
19		changing Sections 2-10a, 2-12a, and 2-25 as follows:
20		(70 ILCS 1205/2-10a)  (from Ch. 105, par. 2-10a)
21		Sec. 2-10a. Any district may provide by referendum, or by
22		resolution of the board, that the board shall be comprised of 7
23		commissioners. Any such referendum shall be initiated and held

HB1437 Enrolled - 105 - LRB104 08139 SPS 18185 b
1		in the same manner as is provided by the general election law.
2		If a majority of the votes cast on the proposition is in
3		favor of the 7-member board, or if the board adopts a
4		resolution stating that it is acting pursuant to this Section
5		in order to create a 7-member board, then whichever of the
6		following transition schedules are appropriate shall be
7		applied: At the election of commissioners next following by at
8		least 225 197 days after the date on which the proposition to
9		create a 7-member board was approved at referendum or by
10		resolution, the number of commissioners to be elected shall be
11		2 more than the number that would otherwise have been elected.
12		If this results in the election, pursuant to Section 2-12 of
13		this Act, of 4 commissioners at that election, one of the 4, to
14		be determined by lot within 30 days after the election, shall
15		serve for a term of 4 years or 2 years as the case may be,
16		instead of 6 years, so that his term will expire in the same
17		year in which the term of only one of the incumbent
18		commissioners expires. Thereafter, all commissioners shall be
19		elected for 6-year terms as provided in Section 2-12. If the
20		creation of a 7-member board results in the election of either
21		3 or 4 commissioners, pursuant to Section 2-12a of this Act, at
22		that election, 2 of them, to be determined by lot within 30
23		days after the election, shall serve for terms of 2 years
24		instead of 4 years. Thereafter, all commissioners shall be
25		elected for 4-year terms as provided in Section 2-12a of this
26		Act.

HB1437 Enrolled - 106 - LRB104 08139 SPS 18185 b
1		In any district where a 7-member board has been created
2		pursuant to this Section whether by referendum or by
3		resolution, the number of commissioners may later be reduced
4		to 5, but only by a referendum initiated and held in the same
5		manner as prescribed in this Section for creating a 7-member
6		board. No proposition to reduce the number of commissioners
7		shall affect the terms of any commissioners holding office at
8		the time of the referendum or to be elected within 225 197 days
9		after the referendum. If a majority of the votes cast on the
10		proposition is in favor of reducing a 7-member board to a
11		5-member board, then, at the election of commissioners next
12		following by at least 225 197 days after the date on which the
13		proposition was approved at referendum, the number of
14		commissioners to be elected shall be 2 less than the number
15		that would otherwise have been elected and whichever of the
16		following transition schedules are appropriate shall be
17		applied: (i) if this results in the election of no
18		commissioners for a 6-year term pursuant to Section 2-12 of
19		this Act, then at the next election in which 3 commissioners
20		are scheduled to be elected to 6-year terms as provided in
21		Section 2-12, one of the 3, to be determined by lot within 30
22		days after the election, shall serve for a term of 4 years or 2
23		years, as the case may be, instead of 6 years, so that his or
24		her term will expire in the same year in which the term of no
25		incumbent commissioner is scheduled to expire; thereafter, all
26		commissioners shall be elected for 6-year terms as provided in

HB1437 Enrolled - 107 - LRB104 08139 SPS 18185 b
1		Section 2-12; or (ii) if the reduction to a 5-member board
2		results in the election of one commissioner to a 4-year term,
3		pursuant to Section 2-12a of this Act, then at the next
4		election in which 4 commissioners are scheduled to be elected
5		to 4-year terms as provided in Section 2-12a, one of the 4, to
6		be determined by lot within 30 days after the election, shall
7		serve for a term of 2 years, instead of 4 years, so that his or
8		her term will expire in the same year in which the term of only
9		one incumbent commissioner is scheduled to expire; thereafter,
10		all commissioners shall be elected for 4-year terms as
11		provided in Section 2-12a.
12		(Source: P.A. 103-467, eff. 8-4-23.)
13		(70 ILCS 1205/2-12a)  (from Ch. 105, par. 2-12a)
14		Sec. 2-12a. Any district may provide, either by resolution
15		of the board or by referendum, that the term of commissioners
16		shall be 4 years rather than 6 years. Any such referendum shall
17		be initiated and held in the same manner as is provided by the
18		general election law for public questions authorized by
19		Article VII of the Illinois Constitution.
20		If a majority of the votes cast on the proposition is in
21		favor of a 4-year term for commissioners, or if the Board
22		adopts a resolution stating that it is acting pursuant to this
23		Section to change the term of office from 6 years to 4 years,
24		commissioners thereafter elected, commencing with the first
25		regular park district election at least 225 197 days after the

HB1437 Enrolled - 108 - LRB104 08139 SPS 18185 b
1		date on which the proposition for 4-year terms was approved at
2		referendum or by resolution, shall be elected for a term of 4
3		years. In order to provide for the transition from 6-year
4		terms to 4-year terms:
5		(1) If 2 commissioners on a 5-member board are to be
6		elected at the first such election and if the term of only
7		one commissioner is scheduled to expire in the year of the
8		next election at which commissioners are elected, of the 2
9		commissioners elected, one shall serve a 2-year term and
10		one a 4-year term, to be determined by lot between the 2
11		persons elected within 30 days after the election.
12		(2) On a 7-member board under Section 2-10a, if the
13		terms of only 2 commissioners are scheduled to expire in
14		the year of the second election at which commissioners are
15		elected after the first regular park district election at
16		least 225 197 days after the date on which the proposition
17		for 4-year terms was approved at referendum or by
18		resolution, then:
19		(A) if 3 commissioners are elected at the first
20		regular election, 2 of the commissioners elected shall
21		serve a 2-year term and one shall serve a 4-year term
22		to be determined by lot between persons elected within
23		30 days after the first election; or
24		(B) if 2 commissioners are elected at the first
25		regular election, those 2 commissioners elected shall
26		serve a 2-year term.

HB1437 Enrolled - 109 - LRB104 08139 SPS 18185 b
1		In any district where the board has created 4-year terms
2		pursuant to this Section, whether by referendum or by
3		resolution, the length of terms may later be increased to 6
4		years, but only by a referendum initiated and held in the same
5		manner as prescribed in this Section for creating 4-year
6		terms. No proposition to increase the terms of commissioners
7		shall affect any commissioner holding office at the time of
8		the referendum or to be elected within 225 197 days after the
9		referendum.
10		(Source: P.A. 103-467, eff. 8-4-23.)
11		(70 ILCS 1205/2-25)  (from Ch. 105, par. 2-25)
12		Sec. 2-25. Vacancies. Whenever any member of the governing
13		board of any park district (i) dies, (ii) resigns, (iii)
14		becomes under legal disability, (iv) ceases to be a legal
15		voter in the district, (v) is convicted in any court located in
16		the United States of any infamous crime, bribery, perjury, or
17		other felony, (vi) refuses or neglects to take his or her oath
18		of office, (vii) neglects to perform the duties of his or her
19		office or attend meetings of the board for the length of time
20		as the board fixes by ordinance, or (viii) for any other reason
21		specified by law, that office may be declared vacant.
22		Vacancies shall be filled by appointment by a majority of the
23		remaining members of the board. Any person so appointed shall
24		hold his or her office until the next regular election for this
25		office, at which a member shall be elected to fill the vacancy

HB1437 Enrolled - 110 - LRB104 08139 SPS 18185 b
1		for the unexpired term, subject to the following conditions:
2		(1) If the vacancy occurs with less than 28 months
3		remaining in the term, the person appointed to fill the
4		vacancy shall hold his or her office until the expiration
5		of the term for which he or she has been appointed, and no
6		election to fill the vacancy shall be held.
7		(2) If the vacancy occurs with more than 28 months
8		left in the term, but less than 151 123 days before the
9		next regularly scheduled election for this office, the
10		person appointed to fill the vacancy shall hold his or her
11		office until the second regularly scheduled election for
12		the office following the appointment, at which a member
13		shall be elected to fill the vacancy for the unexpired
14		term.
15		(Source: P.A. 101-257, eff. 8-9-19; 102-558, eff. 8-20-21.)
16		Section 25-25. The School Code is amended by changing
17		Sections 3A-6 and 34-4.1 as follows:
18		(105 ILCS 5/3A-6)  (from Ch. 122, par. 3A-6)
19		Sec. 3A-6. Election of Superintendent for consolidated
20		region - Bond - Vacancies in any educational service region.
21		(a) The regional superintendent to be elected under
22		Section 3A-5 shall be elected at the time provided in the
23		general election law and must possess the qualifications
24		described in Section 3-1 of this Act.

HB1437 Enrolled - 111 - LRB104 08139 SPS 18185 b
1		(b) The bond required under Section 3-2 shall be filed in
2		the office of the county clerk in the county where the regional
3		office is situated, and a certified copy of that bond shall be
4		filed in the office of the county clerk in each of the other
5		counties in the region.
6		(c) When a vacancy occurs in the office of regional
7		superintendent of schools of any educational service region
8		which is not located in a county which is a home rule unit,
9		such vacancy shall be filled within 60 days (i) by appointment
10		of the chairman of the county board, with the advice and
11		consent of the county board, when such vacancy occurs in a
12		single county educational service region; or (ii) by
13		appointment of a committee composed of the chairmen of the
14		county boards of those counties comprising the affected
15		educational service region when such vacancy occurs in a
16		multicounty educational service region, each committeeman to
17		be entitled to one vote for each vote that was received in the
18		county represented by such committeeman on the committee by
19		the regional superintendent of schools whose office is vacant
20		at the last election at which a regional superintendent was
21		elected to such office, and the person receiving the highest
22		number of affirmative votes from the committeemen for such
23		vacant office to be deemed the person appointed by such
24		committee to fill the vacancy. The appointee shall be a member
25		of the same political party as the regional superintendent of
26		schools the appointee succeeds was at the time such regional

HB1437 Enrolled - 112 - LRB104 08139 SPS 18185 b
1		superintendent of schools last was elected. The appointee
2		shall serve for the remainder of the term. However, if more
3		than 28 months remain in that term and the vacancy occurs at
4		least 130 days before the next general election, the
5		appointment shall be until the next general election, at which
6		time the vacated office shall be filled by election for the
7		remainder of the term. Nominations shall be made and any
8		vacancy in nomination shall be filled as follows:
9		(1) If the vacancy in office occurs before the first
10		date provided in Section 7-12 of the Election Code for
11		filing nomination papers for county offices for the
12		primary in the next even-numbered year following
13		commencement of the term of office in which the vacancy
14		occurs, nominations for the election for filling the
15		vacancy shall be made pursuant to Article 7 of the
16		Election Code.
17		(2) If the vacancy in office occurs during the time
18		provided in Section 7-12 of the Election Code for filing
19		nomination papers for county offices for the primary in
20		the next even-numbered year following commencement of the
21		term of office in which the vacancy occurs, the time for
22		filing nomination papers for the primary shall not be more
23		than 120 91 days nor less than 113 85 days prior to the
24		date of the primary.
25		(3) If the vacancy in office occurs after the last day
26		provided in Section 7-12 of the Election Code for filing

HB1437 Enrolled - 113 - LRB104 08139 SPS 18185 b
1		nomination papers for county offices for the primary in
2		the next even-numbered year following commencement of the
3		term of office in which the vacancy occurs, a vacancy in
4		nomination shall be deemed to have occurred and the county
5		central committee of each established political party (if
6		the vacancy occurs in a single county educational service
7		region) or the multi-county educational service region
8		committee of each established political party (if the
9		vacancy occurs in a multi-county educational service
10		region) shall nominate, by resolution, a candidate to fill
11		the vacancy in nomination for election to the office at
12		the general election. In the nomination proceedings to
13		fill the vacancy in nomination, each member of the county
14		central committee or the multi-county educational service
15		region committee, whichever applies, shall have the voting
16		strength as set forth in Section 7-8 or 7-8.02 of the
17		Election Code, respectively. The name of the candidate so
18		nominated shall not appear on the ballot at the general
19		primary election. The vacancy in nomination shall be
20		filled prior to the date of certification of candidates
21		for the general election.
22		(4) The resolution to fill the vacancy shall be duly
23		acknowledged before an officer qualified to take
24		acknowledgments of deeds and shall include, upon its face,
25		the following information: (A) the name of the original
26		nominee and the office vacated; (B) the date on which the

HB1437 Enrolled - 114 - LRB104 08139 SPS 18185 b
1		vacancy occurred; and (C) the name and address of the
2		nominee selected to fill the vacancy and the date of
3		selection. The resolution to fill the vacancy shall be
4		accompanied by a statement of candidacy, as prescribed in
5		Section 7-10 of the Election Code, completed by the
6		selected nominee, a certificate from the State Board of
7		Education, as prescribed in Section 3-1 of this Code, and
8		a receipt indicating that the nominee has filed a
9		statement of economic interests as required by the
10		Illinois Governmental Ethics Act.
11		The provisions of Sections 10-8 through 10-10.1 of the
12		Election Code relating to objections to nomination papers,
13		hearings on objections, and judicial review shall also apply
14		to and govern objections to nomination papers and resolutions
15		for filling vacancies in nomination filed pursuant to this
16		Section. Unless otherwise specified in this Section, the
17		nomination and election provided for in this Section is
18		governed by the general election law.
19		Except as otherwise provided by applicable county
20		ordinance or by law, if a vacancy occurs in the office of
21		regional superintendent of schools of an educational service
22		region that is located in a county that is a home rule unit and
23		that has a population of less than 2,000,000 inhabitants, that
24		vacancy shall be filled by the county board of such home rule
25		county.
26		Any person appointed to fill a vacancy in the office of

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1		regional superintendent of schools of any educational service
2		region must possess the qualifications required to be elected
3		to the position of regional superintendent of schools, and
4		shall obtain a certificate of eligibility from the State
5		Superintendent of Education and file same with the county
6		clerk of the county in which the regional superintendent's
7		office is located.
8		If the regional superintendent of schools is called into
9		the active military service of the United States, his office
10		shall not be deemed to be vacant, but a temporary appointment
11		shall be made as in the case of a vacancy. The appointee shall
12		perform all the duties of the regional superintendent of
13		schools during the time the regional superintendent of schools
14		is in the active military service of the United States, and
15		shall be paid the same compensation apportioned as to the time
16		of service, and such appointment and all authority thereunder
17		shall cease upon the discharge of the regional superintendent
18		of schools from such active military service. The appointee
19		shall give the same bond as is required of a regularly elected
20		regional superintendent of schools.
21		(Source: P.A. 96-893, eff. 7-1-10.)
22		(105 ILCS 5/34-4.1)
23		Sec. 34-4.1. Nomination petitions. In addition to the
24		requirements of the general election law, the form of
25		petitions under Section 34-4 of this Code shall be

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1		substantially as follows:
2		NOMINATING PETITIONS
3		(LEAVE OUT THE INAPPLICABLE PART.)
4		To the Board of Election Commissioners for the City of
5		Chicago:
6		We the undersigned, being (.... or more) of the voters
7		residing within said district, hereby petition that .... who
8		resides at .... in the City of Chicago shall be a candidate for
9		the office of .... of the Chicago Board of Education (full
10		term) (vacancy) to be voted for at the election to be held on
11		(insert date).
12		Name: .................. Address: ...................
13		In the designation of the name of a candidate on a petition
14		for nomination, the candidate's given name or names, initial
15		or initials, a nickname by which the candidate is commonly
16		known, or a combination thereof may be used in addition to the
17		candidate's surname. If a candidate has changed his or her
18		name, whether by a statutory or common law procedure in
19		Illinois or any other jurisdiction, within 3 years before the
20		last day for filing the petition, then (i) the candidate's
21		name on the petition must be followed by "formerly known as
22		(list all prior names during the 3-year period) until name
23		changed on (list date of each such name change)" and (ii) the
24		petition must be accompanied by the candidate's affidavit
25		stating the candidate's previous names during the period
26		specified in clause (i) and the date or dates each of those

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1		names was changed; failure to meet these requirements shall be
2		grounds for denying certification of the candidate's name for
3		the ballot, but these requirements do not apply to name
4		changes to conform a candidate's name to the candidate's
5		identity or name changes resulting from adoption to assume an
6		adoptive parent's or parents' surname, marriage or civil union
7		to assume a spouse's surname, or dissolution of marriage or
8		civil union or declaration of invalidity of marriage to assume
9		a former surname. No other designation, such as a political
10		slogan, as defined by Section 7-17 of the Election Code, title
11		or degree, or nickname suggesting or implying possession of a
12		title, degree or professional status, or similar information
13		may be used in connection with the candidate's surname.
14		All petitions for the nomination of members of the Chicago
15		Board of Education shall be filed with the board of election
16		commissioners of the jurisdiction in which the principal
17		office of the school district is located and within the time
18		provided for by Article 7 of the Election Code, except that
19		petitions for the nomination of members of the Chicago Board
20		of Education for the 2024 general election shall be prepared,
21		filed, and certified as outlined in Article 10 of the Election
22		Code. The board of election commissioners shall receive and
23		file only those petitions that include a statement of
24		candidacy, the required number of voter signatures, the
25		notarized signature of the petition circulator, and a receipt
26		from the county clerk showing that the candidate has filed a

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1		statement of economic interests interest on or before the last
2		day to file as required by the Illinois Governmental Ethics
3		Act. The board of election commissioners may have petition
4		forms available for issuance to potential candidates and may
5		give notice of the petition filing period by publication in a
6		newspaper of general circulation within the school district
7		not less than 10 days prior to the first day of filing. The
8		board of election commissioners shall make certification to
9		the proper election authorities in accordance with the general
10		election law.
11		The board of election commissioners of the jurisdiction in
12		which the principal office of the school district is located
13		shall notify the candidates for whom a petition for nomination
14		is filed or the appropriate committee of the obligations under
15		the Campaign Financing Act as provided in the general election
16		law. Such notice shall be given on a form prescribed by the
17		State Board of Elections and in accordance with the
18		requirements of the general election law. The board of
19		election commissioners shall within 7 days of filing or on the
20		last day for filing, whichever is earlier, acknowledge to the
21		petitioner in writing the office's acceptance of the petition.
22		A candidate for membership on the Chicago Board of
23		Education who has petitioned for nomination to fill a full
24		term and to fill a vacant term to be voted upon at the same
25		election must withdraw his or her petition for nomination from
26		either the full term or the vacant term by written

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1		declaration.
2		Nomination petitions are not valid unless the candidate
3		named therein files with the board of election commissioners a
4		receipt from the county clerk showing that the candidate has
5		filed a statement of economic interests as required by the
6		Illinois Governmental Ethics Act. Such receipt shall be so
7		filed either previously during the calendar year in which his
8		or her nomination papers were filed or within the period for
9		the filing of nomination papers in accordance with the general
10		election law.
11		(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21;
12		103-467, eff. 8-4-23; 103-584, eff. 3-18-24; revised 6-27-25.)
13		Article 35.
14		Section 35-5. "AN ACT concerning employment", approved
15		June 30, 2025, (Public Act 104-17) is amended by changing
16		Section 99 as follows:
17		(P.A. 104-17, Sec. 99)
18		Sec. 99. Effective date. This Act takes effect upon
19		becoming law, except that Section 10 takes effect July 1,
20		2026.
21		(Source: P.A. 104-17, eff. 6-30-2025.)
22		Article 40.

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1		Section 40-5. The Regional Transportation Authority Act is
2		amended by changing Sections 4.01 and 4.09 as follows:
3		(70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
4		Sec. 4.01. Budget and Program.
5		(a) The Board shall control the finances of the Authority.
6		It shall by ordinance adopted by the affirmative vote of at
7		least 12 of its then Directors (i) appropriate money to
8		perform the Authority's purposes and provide for payment of
9		debts and expenses of the Authority, (ii) take action with
10		respect to the budget and two-year financial plan of each
11		Service Board, as provided in Section 4.11, and (iii) adopt an
12		Annual Budget and Two-Year Financial Plan for the Authority
13		that includes the annual budget and two-year financial plan of
14		each Service Board that has been approved by the Authority.
15		The Annual Budget and Two-Year Financial Plan shall contain a
16		statement of the funds estimated to be on hand for the
17		Authority and each Service Board at the beginning of the
18		fiscal year, the funds estimated to be received from all
19		sources for such year, the estimated expenses and obligations
20		of the Authority and each Service Board for all purposes,
21		including expenses for contributions to be made with respect
22		to pension and other employee benefits, and the funds
23		estimated to be on hand at the end of such year. The fiscal
24		year of the Authority and each Service Board shall begin on

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1		January 1st and end on the succeeding December 31st. By July
2		1st of each year the Director of the Illinois Governor's
3		Office of Management and Budget (formerly Bureau of the
4		Budget) shall submit to the Authority an estimate of revenues
5		for the next fiscal year of the Authority to be collected from
6		the taxes imposed by the Authority and the amounts to be
7		available in the Public Transportation Fund and the Regional
8		Transportation Authority Occupation and Use Tax Replacement
9		Fund and the amounts otherwise to be appropriated by the State
10		to the Authority for its purposes. The Authority shall file a
11		copy of its Annual Budget and Two-Year Financial Plan with the
12		General Assembly and the Governor after its adoption. Before
13		the proposed Annual Budget and Two-Year Financial Plan is
14		adopted, the Authority shall hold at least one public hearing
15		thereon in the metropolitan region, and shall meet with the
16		county board or its designee of each of the several counties in
17		the metropolitan region. After conducting such hearings and
18		holding such meetings and after making such changes in the
19		proposed Annual Budget and Two-Year Financial Plan as the
20		Board deems appropriate, the Board shall adopt its annual
21		appropriation and Annual Budget and Two-Year Financial Plan
22		ordinance. The ordinance may be adopted only upon the
23		affirmative votes of 12 of its then Directors. The ordinance
24		shall appropriate such sums of money as are deemed necessary
25		to defray all necessary expenses and obligations of the
26		Authority, specifying purposes and the objects or programs for

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1		which appropriations are made and the amount appropriated for
2		each object or program. Additional appropriations, transfers
3		between items and other changes in such ordinance may be made
4		from time to time by the Board upon the affirmative votes of 12
5		of its then Directors.
6		(b) The Annual Budget and Two-Year Financial Plan shall
7		show a balance between anticipated revenues from all sources
8		and anticipated expenses including funding of operating
9		deficits or the discharge of encumbrances incurred in prior
10		periods and payment of principal and interest when due, and
11		shall show cash balances sufficient to pay with reasonable
12		promptness all obligations and expenses as incurred.
13		The Annual Budget and Two-Year Financial Plan must show:
14		(i) that the level of fares and charges for mass
15		transportation provided by, or under grant or purchase of
16		service contracts of, the Service Boards is sufficient to
17		cause the aggregate of all projected fare revenues from
18		such fares and charges received in each fiscal year to
19		equal at least 50% of the aggregate costs of providing
20		such public transportation in such fiscal year. However,
21		due to the fiscal impacts of the COVID-19 pandemic, the
22		aggregate of all projected fare revenues from such fares
23		and charges received in fiscal years 2021, 2022, 2023,
24		2024, and 2025, and 2026 may be less than 50% of the
25		aggregate costs of providing such public transportation in
26		those fiscal years. "Fare revenues" include the proceeds

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1		of all fares and charges for services provided,
2		contributions received in connection with public
3		transportation from units of local government other than
4		the Authority, except for contributions received by the
5		Chicago Transit Authority from a real estate transfer tax
6		imposed under subsection (i) of Section 8-3-19 of the
7		Illinois Municipal Code, and from the State pursuant to
8		subsection (i) of Section 2705-305 of the Department of
9		Transportation Law (20 ILCS 2705/2705-305), and all other
10		operating revenues properly included consistent with
11		generally accepted accounting principles but do not
12		include: the proceeds of any borrowings, and, beginning
13		with the 2007 fiscal year, all revenues and receipts,
14		including but not limited to fares and grants received
15		from the federal, State or any unit of local government or
16		other entity, derived from providing ADA paratransit
17		service pursuant to Section 2.30 of the Regional
18		Transportation Authority Act. "Costs" include all items
19		properly included as operating costs consistent with
20		generally accepted accounting principles, including
21		administrative costs, but do not include: depreciation;
22		payment of principal and interest on bonds, notes or other
23		evidences of obligation for borrowed money issued by the
24		Authority; payments with respect to public transportation
25		facilities made pursuant to subsection (b) of Section 2.20
26		of this Act; any payments with respect to rate protection

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1		contracts, credit enhancements or liquidity agreements
2		made under Section 4.14; any other cost to which it is
3		reasonably expected that a cash expenditure will not be
4		made; costs for passenger security including grants,
5		contracts, personnel, equipment and administrative
6		expenses, except in the case of the Chicago Transit
7		Authority, in which case the term does not include costs
8		spent annually by that entity for protection against crime
9		as required by Section 27a of the Metropolitan Transit
10		Authority Act; the payment by the Chicago Transit
11		Authority of Debt Service, as defined in Section 12c of
12		the Metropolitan Transit Authority Act, on bonds or notes
13		issued pursuant to that Section; the payment by the
14		Commuter Rail Division of debt service on bonds issued
15		pursuant to Section 3B.09; expenses incurred by the
16		Suburban Bus Division for the cost of new public
17		transportation services funded from grants pursuant to
18		Section 2.01e of this amendatory Act of the 95th General
19		Assembly for a period of 2 years from the date of
20		initiation of each such service; costs as exempted by the
21		Board for projects pursuant to Section 2.09 of this Act;
22		or, beginning with the 2007 fiscal year, expenses related
23		to providing ADA paratransit service pursuant to Section
24		2.30 of the Regional Transportation Authority Act; and in
25		fiscal years 2008 through 2012 inclusive, costs in the
26		amount of $200,000,000 in fiscal year 2008, reducing by

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1		$40,000,000 in each fiscal year thereafter until this
2		exemption is eliminated; and
3		(ii) that the level of fares charged for ADA
4		paratransit services is sufficient to cause the aggregate
5		of all projected revenues from such fares charged and
6		received in each fiscal year to equal at least 10% of the
7		aggregate costs of providing such ADA paratransit
8		services. However, due to the fiscal impacts of the
9		COVID-19 pandemic, the aggregate of all projected fare
10		revenues from such fares and charges received in fiscal
11		years 2021, 2022, 2023, 2024, and 2025, and 2026 may be
12		less than 10% of the aggregate costs of providing such ADA
13		paratransit services in those fiscal years. For purposes
14		of this Act, the percentages in this subsection (b)(ii)
15		shall be referred to as the "system generated ADA
16		paratransit services revenue recovery ratio". For purposes
17		of the system generated ADA paratransit services revenue
18		recovery ratio, "costs" shall include all items properly
19		included as operating costs consistent with generally
20		accepted accounting principles. However, the Board may
21		exclude from costs an amount that does not exceed the
22		allowable "capital costs of contracting" for ADA
23		paratransit services pursuant to the Federal Transit
24		Administration guidelines for the Urbanized Area Formula
25		Program.
26		The Authority shall file a statement certifying that the

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1		Service Boards published the data described in subsection
2		(b-5) with the General Assembly and the Governor after
3		adoption of the Annual Budget and Two-Year Financial Plan
4		required by subsection (a). If the Authority fails to file a
5		statement certifying publication of the data, then the
6		appropriations to the Department of Transportation for grants
7		to the Authority intended to reimburse the Service Boards for
8		providing free and reduced fares shall be withheld.
9		(b-5) For fiscal years 2024 and 2025, the Service Boards
10		must publish a monthly comprehensive set of data regarding
11		transit service and safety. The data included shall include
12		information to track operations including:
13		(1) staffing levels, including numbers of budgeted
14		positions, current positions employed, hired staff,
15		attrition, staff in training, and absenteeism rates;
16		(2) scheduled service and delivered service, including
17		percentage of scheduled service delivered by day, service
18		by mode of transportation, service by route and rail line,
19		total number of revenue miles driven, excess wait times by
20		day, by mode of transportation, by bus route, and by stop;
21		and
22		(3) safety on the system, including the number of
23		incidents of crime and code of conduct violations on
24		system, any performance measures used to evaluate the
25		effectiveness of investments in private security, safety
26		equipment, and other security investments in the system.

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1		If no performance measures exist to evaluate the
2		effectiveness of these safety investments, the Service
3		Boards and Authority shall develop and publish these
4		performance measures.
5		The Authority and Service Boards shall solicit input and
6		ideas on publishing data on the service reliability,
7		operations, and safety of the system from the public and
8		groups representing transit riders, workers, and businesses.
9		(c) The actual administrative expenses of the Authority
10		for the fiscal year commencing January 1, 1985 may not exceed
11		$5,000,000. The actual administrative expenses of the
12		Authority for the fiscal year commencing January 1, 1986, and
13		for each fiscal year thereafter shall not exceed the maximum
14		administrative expenses for the previous fiscal year plus 5%.
15		"Administrative expenses" are defined for purposes of this
16		Section as all expenses except: (1) capital expenses and
17		purchases of the Authority on behalf of the Service Boards;
18		(2) payments to Service Boards; and (3) payment of principal
19		and interest on bonds, notes or other evidence of obligation
20		for borrowed money issued by the Authority; (4) costs for
21		passenger security including grants, contracts, personnel,
22		equipment and administrative expenses; (5) payments with
23		respect to public transportation facilities made pursuant to
24		subsection (b) of Section 2.20 of this Act; and (6) any
25		payments with respect to rate protection contracts, credit
26		enhancements or liquidity agreements made pursuant to Section

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1		4.14.
2		(d) This subsection applies only until the Department
3		begins administering and enforcing an increased tax under
4		Section 4.03(m) as authorized by this amendatory Act of the
5		95th General Assembly. After withholding 15% of the proceeds
6		of any tax imposed by the Authority and 15% of money received
7		by the Authority from the Regional Transportation Authority
8		Occupation and Use Tax Replacement Fund, the Board shall
9		allocate the proceeds and money remaining to the Service
10		Boards as follows: (1) an amount equal to 85% of the proceeds
11		of those taxes collected within the City of Chicago and 85% of
12		the money received by the Authority on account of transfers to
13		the Regional Transportation Authority Occupation and Use Tax
14		Replacement Fund from the County and Mass Transit District
15		Fund attributable to retail sales within the City of Chicago
16		shall be allocated to the Chicago Transit Authority; (2) an
17		amount equal to 85% of the proceeds of those taxes collected
18		within Cook County outside the City of Chicago and 85% of the
19		money received by the Authority on account of transfers to the
20		Regional Transportation Authority Occupation and Use Tax
21		Replacement Fund from the County and Mass Transit District
22		Fund attributable to retail sales within Cook County outside
23		of the city of Chicago shall be allocated 30% to the Chicago
24		Transit Authority, 55% to the Commuter Rail Board and 15% to
25		the Suburban Bus Board; and (3) an amount equal to 85% of the
26		proceeds of the taxes collected within the Counties of DuPage,

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1		Kane, Lake, McHenry and Will shall be allocated 70% to the
2		Commuter Rail Board and 30% to the Suburban Bus Board.
3		(e) This subsection applies only until the Department
4		begins administering and enforcing an increased tax under
5		Section 4.03(m) as authorized by this amendatory Act of the
6		95th General Assembly. Moneys received by the Authority on
7		account of transfers to the Regional Transportation Authority
8		Occupation and Use Tax Replacement Fund from the State and
9		Local Sales Tax Reform Fund shall be allocated among the
10		Authority and the Service Boards as follows: 15% of such
11		moneys shall be retained by the Authority and the remaining
12		85% shall be transferred to the Service Boards as soon as may
13		be practicable after the Authority receives payment. Moneys
14		which are distributable to the Service Boards pursuant to the
15		preceding sentence shall be allocated among the Service Boards
16		on the basis of each Service Board's distribution ratio. The
17		term "distribution ratio" means, for purposes of this
18		subsection (e) of this Section 4.01, the ratio of the total
19		amount distributed to a Service Board pursuant to subsection
20		(d) of Section 4.01 for the immediately preceding calendar
21		year to the total amount distributed to all of the Service
22		Boards pursuant to subsection (d) of Section 4.01 for the
23		immediately preceding calendar year.
24		(f) To carry out its duties and responsibilities under
25		this Act, the Board shall employ staff which shall: (1)
26		propose for adoption by the Board of the Authority rules for

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1		the Service Boards that establish (i) forms and schedules to
2		be used and information required to be provided with respect
3		to a five-year capital program, annual budgets, and two-year
4		financial plans and regular reporting of actual results
5		against adopted budgets and financial plans, (ii) financial
6		practices to be followed in the budgeting and expenditure of
7		public funds, (iii) assumptions and projections that must be
8		followed in preparing and submitting its annual budget and
9		two-year financial plan or a five-year capital program; (2)
10		evaluate for the Board public transportation programs operated
11		or proposed by the Service Boards and transportation agencies
12		in terms of the goals and objectives set out in the Strategic
13		Plan; (3) keep the Board and the public informed of the extent
14		to which the Service Boards and transportation agencies are
15		meeting the goals and objectives adopted by the Authority in
16		the Strategic Plan; and (4) assess the efficiency or adequacy
17		of public transportation services provided by a Service Board
18		and make recommendations for change in that service to the end
19		that the moneys available to the Authority may be expended in
20		the most economical manner possible with the least possible
21		duplication.
22		(g) All Service Boards, transportation agencies,
23		comprehensive planning agencies, including the Chicago
24		Metropolitan Agency for Planning, or transportation planning
25		agencies in the metropolitan region shall furnish to the
26		Authority such information pertaining to public transportation

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1		or relevant for plans therefor as it may from time to time
2		require. The Executive Director, or his or her designee,
3		shall, for the purpose of securing any such information
4		necessary or appropriate to carry out any of the powers and
5		responsibilities of the Authority under this Act, have access
6		to, and the right to examine, all books, documents, papers or
7		records of a Service Board or any transportation agency
8		receiving funds from the Authority or Service Board, and such
9		Service Board or transportation agency shall comply with any
10		request by the Executive Director, or his or her designee,
11		within 30 days or an extended time provided by the Executive
12		Director.
13		(h) No Service Board shall undertake any capital
14		improvement which is not identified in the Five-Year Capital
15		Program.
16		(i) Each Service Board shall furnish to the Board access
17		to its financial information including, but not limited to,
18		audits and reports. The Board shall have real-time access to
19		the financial information of the Service Boards; however, the
20		Board shall be granted read-only access to the Service Board's
21		financial information.
22		(Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
23		(70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
24		Sec. 4.09. Public Transportation Fund and the Regional
25		Transportation Authority Occupation and Use Tax Replacement

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1		Fund.
2		(a)(1) Except as otherwise provided in paragraph (4), as
3		soon as possible after the first day of each month, beginning
4		July 1, 1984, upon certification of the Department of Revenue,
5		the Comptroller shall order transferred and the Treasurer
6		shall transfer from the General Revenue Fund to a special fund
7		in the State Treasury to be known as the Public Transportation
8		Fund an amount equal to 25% of the net revenue, before the
9		deduction of the serviceman and retailer discounts pursuant to
10		Section 9 of the Service Occupation Tax Act and Section 3 of
11		the Retailers' Occupation Tax Act, realized from any tax
12		imposed by the Authority pursuant to Sections 4.03 and 4.03.1
13		and 25% of the amounts deposited into the Regional
14		Transportation Authority tax fund created by Section 4.03 of
15		this Act, from the County and Mass Transit District Fund as
16		provided in Section 6z-20 of the State Finance Act and 25% of
17		the amounts deposited into the Regional Transportation
18		Authority Occupation and Use Tax Replacement Fund from the
19		State and Local Sales Tax Reform Fund as provided in Section
20		6z-17 of the State Finance Act. On the first day of the month
21		following the date that the Department receives revenues from
22		increased taxes under Section 4.03(m) as authorized by Public
23		Act 95-708, in lieu of the transfers authorized in the
24		preceding sentence, upon certification of the Department of
25		Revenue, the Comptroller shall order transferred and the
26		Treasurer shall transfer from the General Revenue Fund to the

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1		Public Transportation Fund an amount equal to 25% of the net
2		revenue, before the deduction of the serviceman and retailer
3		discounts pursuant to Section 9 of the Service Occupation Tax
4		Act and Section 3 of the Retailers' Occupation Tax Act,
5		realized from (i) 80% of the proceeds of any tax imposed by the
6		Authority at a rate of 1.25% in Cook County, (ii) 75% of the
7		proceeds of any tax imposed by the Authority at the rate of 1%
8		in Cook County, and (iii) one-third of the proceeds of any tax
9		imposed by the Authority at the rate of 0.75% in the Counties
10		of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
11		Section 4.03, and 25% of the net revenue realized from any tax
12		imposed by the Authority pursuant to Section 4.03.1, and 25%
13		of the amounts deposited into the Regional Transportation
14		Authority tax fund created by Section 4.03 of this Act from the
15		County and Mass Transit District Fund as provided in Section
16		6z-20 of the State Finance Act, and 25% of the amounts
17		deposited into the Regional Transportation Authority
18		Occupation and Use Tax Replacement Fund from the State and
19		Local Sales Tax Reform Fund as provided in Section 6z-17 of the
20		State Finance Act. As used in this Section, net revenue
21		realized for a month shall be the revenue collected by the
22		State pursuant to Sections 4.03 and 4.03.1 during the previous
23		month from within the metropolitan region, less the amount
24		paid out during that same month as refunds to taxpayers for
25		overpayment of liability in the metropolitan region under
26		Sections 4.03 and 4.03.1.

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1		Notwithstanding any provision of law to the contrary,
2		beginning on July 6, 2017 (the effective date of Public Act
3		100-23), those amounts required under this paragraph (1) of
4		subsection (a) to be transferred by the Treasurer into the
5		Public Transportation Fund from the General Revenue Fund shall
6		be directly deposited into the Public Transportation Fund as
7		the revenues are realized from the taxes indicated.
8		(2) Except as otherwise provided in paragraph (4), on
9		February 1, 2009 (the first day of the month following the
10		effective date of Public Act 95-708) and each month
11		thereafter, upon certification by the Department of Revenue,
12		the Comptroller shall order transferred and the Treasurer
13		shall transfer from the General Revenue Fund to the Public
14		Transportation Fund an amount equal to 5% of the net revenue,
15		before the deduction of the serviceman and retailer discounts
16		pursuant to Section 9 of the Service Occupation Tax Act and
17		Section 3 of the Retailers' Occupation Tax Act, realized from
18		any tax imposed by the Authority pursuant to Sections 4.03 and
19		4.03.1 and certified by the Department of Revenue under
20		Section 4.03(n) of this Act to be paid to the Authority and 5%
21		of the amounts deposited into the Regional Transportation
22		Authority tax fund created by Section 4.03 of this Act from the
23		County and Mass Transit District Fund as provided in Section
24		6z-20 of the State Finance Act, and 5% of the amounts deposited
25		into the Regional Transportation Authority Occupation and Use
26		Tax Replacement Fund from the State and Local Sales Tax Reform

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1		Fund as provided in Section 6z-17 of the State Finance Act, and
2		5% of the revenue realized by the Chicago Transit Authority as
3		financial assistance from the City of Chicago from the
4		proceeds of any tax imposed by the City of Chicago under
5		Section 8-3-19 of the Illinois Municipal Code.
6		Notwithstanding any provision of law to the contrary,
7		beginning on July 6, 2017 (the effective date of Public Act
8		100-23), those amounts required under this paragraph (2) of
9		subsection (a) to be transferred by the Treasurer into the
10		Public Transportation Fund from the General Revenue Fund shall
11		be directly deposited into the Public Transportation Fund as
12		the revenues are realized from the taxes indicated.
13		(3) Except as otherwise provided in paragraph (4), as soon
14		as possible after the first day of January, 2009 and each month
15		thereafter, upon certification of the Department of Revenue
16		with respect to the taxes collected under Section 4.03, the
17		Comptroller shall order transferred and the Treasurer shall
18		transfer from the General Revenue Fund to the Public
19		Transportation Fund an amount equal to 25% of the net revenue,
20		before the deduction of the serviceman and retailer discounts
21		pursuant to Section 9 of the Service Occupation Tax Act and
22		Section 3 of the Retailers' Occupation Tax Act, realized from
23		(i) 20% of the proceeds of any tax imposed by the Authority at
24		a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
25		tax imposed by the Authority at the rate of 1% in Cook County,
26		and (iii) one-third of the proceeds of any tax imposed by the

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1		Authority at the rate of 0.75% in the Counties of DuPage, Kane,
2		Lake, McHenry, and Will, all pursuant to Section 4.03, and the
3		Comptroller shall order transferred and the Treasurer shall
4		transfer from the General Revenue Fund to the Public
5		Transportation Fund (iv) an amount equal to 25% of the revenue
6		realized by the Chicago Transit Authority as financial
7		assistance from the City of Chicago from the proceeds of any
8		tax imposed by the City of Chicago under Section 8-3-19 of the
9		Illinois Municipal Code.
10		Notwithstanding any provision of law to the contrary,
11		beginning on July 6, 2017 (the effective date of Public Act
12		100-23), those amounts required under this paragraph (3) of
13		subsection (a) to be transferred by the Treasurer into the
14		Public Transportation Fund from the General Revenue Fund shall
15		be directly deposited into the Public Transportation Fund as
16		the revenues are realized from the taxes indicated.
17		(4) Notwithstanding any provision of law to the contrary,
18		for the State fiscal year beginning July 1, 2024 and each State
19		fiscal year thereafter, the first $150,000,000 that would have
20		otherwise been transferred from the General Revenue Fund and
21		deposited into the Public Transportation Fund as provided in
22		paragraphs (1), (2), and (3) of this subsection (a) shall
23		instead be transferred from the Road Fund by the Treasurer
24		upon certification by the Department of Revenue and order of
25		the Comptroller. For the State fiscal year beginning July 1,
26		2024, only, the next $75,000,000 that would have otherwise

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1		been transferred from the General Revenue Fund and deposited
2		into the Public Transportation Fund as provided in paragraphs
3		(1), (2), and (3) of this subsection (a) shall instead be
4		transferred from the Road Fund and deposited into the Public
5		Transportation Fund by the Treasurer upon certification by the
6		Department of Revenue and order of the Comptroller. The funds
7		authorized and transferred pursuant to this amendatory Act of
8		the 103rd General Assembly are not intended or planned for
9		road construction projects. For the State fiscal year
10		beginning July 1, 2024, only, the next $50,000,000 that would
11		have otherwise been transferred from the General Revenue Fund
12		and deposited into the Public Transportation Fund as provided
13		in paragraphs (1), (2), and (3) of this subsection (a) shall
14		instead be transferred from the Underground Storage Tank Fund
15		and deposited into the Public Transportation Fund by the
16		Treasurer upon certification by the Department of Revenue and
17		order of the Comptroller. The remaining balance shall be
18		deposited each State fiscal year as otherwise provided in
19		paragraphs (1), (2), and (3) of this subsection (a).
20		(5) (Blank).
21		(6) (Blank).
22		(7) For State fiscal year 2020 only, notwithstanding any
23		provision of law to the contrary, the total amount of revenue
24		and deposits under this Section attributable to revenues
25		realized during State fiscal year 2020 shall be reduced by 5%.
26		(8) For State fiscal year 2021 only, notwithstanding any

HB1437 Enrolled - 138 - LRB104 08139 SPS 18185 b
1		provision of law to the contrary, the total amount of revenue
2		and deposits under this Section attributable to revenues
3		realized during State fiscal year 2021 shall be reduced by 5%.
4		(b)(1) All moneys deposited in the Public Transportation
5		Fund and the Regional Transportation Authority Occupation and
6		Use Tax Replacement Fund, whether deposited pursuant to this
7		Section or otherwise, are allocated to the Authority, except
8		for amounts appropriated to the Office of the Executive
9		Inspector General as authorized by subsection (h) of Section
10		4.03.3 and amounts transferred to the Audit Expense Fund
11		pursuant to Section 6z-27 of the State Finance Act. The
12		Comptroller, as soon as possible after each monthly transfer
13		provided in this Section and after each deposit into the
14		Public Transportation Fund, shall order the Treasurer to pay
15		to the Authority out of the Public Transportation Fund the
16		amount so transferred or deposited. Any Additional State
17		Assistance and Additional Financial Assistance paid to the
18		Authority under this Section shall be expended by the
19		Authority for its purposes as provided in this Act. The
20		balance of the amounts paid to the Authority from the Public
21		Transportation Fund shall be expended by the Authority as
22		provided in Section 4.03.3. The Comptroller, as soon as
23		possible after each deposit into the Regional Transportation
24		Authority Occupation and Use Tax Replacement Fund provided in
25		this Section and Section 6z-17 of the State Finance Act, shall
26		order the Treasurer to pay to the Authority out of the Regional

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1		Transportation Authority Occupation and Use Tax Replacement
2		Fund the amount so deposited. Such amounts paid to the
3		Authority may be expended by it for its purposes as provided in
4		this Act. The provisions directing the distributions from the
5		Public Transportation Fund and the Regional Transportation
6		Authority Occupation and Use Tax Replacement Fund provided for
7		in this Section shall constitute an irrevocable and continuing
8		appropriation of all amounts as provided herein. The State
9		Treasurer and State Comptroller are hereby authorized and
10		directed to make distributions as provided in this Section.
11		(2) Provided, however, no moneys deposited under subsection
12		(a) of this Section shall be paid from the Public
13		Transportation Fund to the Authority or its assignee for any
14		fiscal year until the Authority has certified to the Governor,
15		the Comptroller, and the Mayor of the City of Chicago that it
16		has adopted for that fiscal year an Annual Budget and Two-Year
17		Financial Plan meeting the requirements in Section 4.01(b).
18		(c) In recognition of the efforts of the Authority to
19		enhance the mass transportation facilities under its control,
20		the State shall provide financial assistance ("Additional
21		State Assistance") in excess of the amounts transferred to the
22		Authority from the General Revenue Fund under subsection (a)
23		of this Section. Additional State Assistance shall be
24		calculated as provided in subsection (d), but shall in no
25		event exceed the following specified amounts with respect to
26		the following State fiscal years:

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1         1990 $5,000,000; 2         1991 $5,000,000; 3         1992 $10,000,000; 4         1993 $10,000,000; 5         1994 $20,000,000; 6         1995 $30,000,000; 7         1996 $40,000,000; 8         1997 $50,000,000; 9         1998 $55,000,000; and 10         each year thereafter $55,000,000.
11		(c-5) The State shall provide financial assistance
12		("Additional Financial Assistance") in addition to the
13		Additional State Assistance provided by subsection (c) and the
14		amounts transferred to the Authority from the General Revenue
15		Fund under subsection (a) of this Section. Additional
16		Financial Assistance provided by this subsection shall be
17		calculated as provided in subsection (d), but shall in no
18		event exceed the following specified amounts with respect to
19		the following State fiscal years:
20         2000 $0; 21         2001 $16,000,000; 22         2002 $35,000,000; 23         2003 $54,000,000; 24         2004 $73,000,000; 25         2005 $93,000,000; and 26         each year thereafter $100,000,000.

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1		(d) Beginning with State fiscal year 1990 and continuing
2		for each State fiscal year thereafter, the Authority shall
3		annually certify to the State Comptroller and State Treasurer,
4		separately with respect to each of subdivisions (g)(2) and
5		(g)(3) of Section 4.04 of this Act, the following amounts:
6		(1) The amount necessary and required, during the
7		State fiscal year with respect to which the certification
8		is made, to pay its obligations for debt service on all
9		outstanding bonds or notes issued by the Authority under
10		subdivisions (g)(2) and (g)(3) of Section 4.04 of this
11		Act.
12		(2) An estimate of the amount necessary and required
13		to pay its obligations for debt service for any bonds or
14		notes which the Authority anticipates it will issue under
15		subdivisions (g)(2) and (g)(3) of Section 4.04 during that
16		State fiscal year.
17		(3) Its debt service savings during the preceding
18		State fiscal year from refunding or advance refunding of
19		bonds or notes issued under subdivisions (g)(2) and (g)(3)
20		of Section 4.04.
21		(4) The amount of interest, if any, earned by the
22		Authority during the previous State fiscal year on the
23		proceeds of bonds or notes issued pursuant to subdivisions
24		(g)(2) and (g)(3) of Section 4.04, other than refunding or
25		advance refunding bonds or notes.
26		The certification shall include a specific schedule of

HB1437 Enrolled - 142 - LRB104 08139 SPS 18185 b
1		debt service payments, including the date and amount of each
2		payment for all outstanding bonds or notes and an estimated
3		schedule of anticipated debt service for all bonds and notes
4		it intends to issue, if any, during that State fiscal year,
5		including the estimated date and estimated amount of each
6		payment.
7		Immediately upon the issuance of bonds for which an
8		estimated schedule of debt service payments was prepared, the
9		Authority shall file an amended certification with respect to
10		item (2) above, to specify the actual schedule of debt service
11		payments, including the date and amount of each payment, for
12		the remainder of the State fiscal year.
13		On the first day of each month of the State fiscal year in
14		which there are bonds outstanding with respect to which the
15		certification is made, the State Comptroller shall order
16		transferred and the State Treasurer shall transfer from the
17		Road Fund to the Public Transportation Fund the Additional
18		State Assistance and Additional Financial Assistance in an
19		amount equal to the aggregate of (i) one-twelfth of the sum of
20		the amounts certified under items (1) and (3) above less the
21		amount certified under item (4) above, plus (ii) the amount
22		required to pay debt service on bonds and notes issued during
23		the fiscal year, if any, divided by the number of months
24		remaining in the fiscal year after the date of issuance, or
25		some smaller portion as may be necessary under subsection (c)
26		or (c-5) of this Section for the relevant State fiscal year,

HB1437 Enrolled - 143 - LRB104 08139 SPS 18185 b
1		plus (iii) any cumulative deficiencies in transfers for prior
2		months, until an amount equal to the sum of the amounts
3		certified under items (1) and (3) above, plus the actual debt
4		service certified under item (2) above, less the amount
5		certified under item (4) above, has been transferred; except
6		that these transfers are subject to the following limits:
7		(A) In no event shall the total transfers in any State
8		fiscal year relating to outstanding bonds and notes issued
9		by the Authority under subdivision (g)(2) of Section 4.04
10		exceed the lesser of the annual maximum amount specified
11		in subsection (c) or the sum of the amounts certified
12		under items (1) and (3) above, plus the actual debt
13		service certified under item (2) above, less the amount
14		certified under item (4) above, with respect to those
15		bonds and notes.
16		(B) In no event shall the total transfers in any State
17		fiscal year relating to outstanding bonds and notes issued
18		by the Authority under subdivision (g)(3) of Section 4.04
19		exceed the lesser of the annual maximum amount specified
20		in subsection (c-5) or the sum of the amounts certified
21		under items (1) and (3) above, plus the actual debt
22		service certified under item (2) above, less the amount
23		certified under item (4) above, with respect to those
24		bonds and notes.
25		The term "outstanding" does not include bonds or notes for
26		which refunding or advance refunding bonds or notes have been

HB1437 Enrolled - 144 - LRB104 08139 SPS 18185 b
1		issued.
2		(e) Neither Additional State Assistance nor Additional
3		Financial Assistance may be pledged, either directly or
4		indirectly as general revenues of the Authority, as security
5		for any bonds issued by the Authority. The Authority may not
6		assign its right to receive Additional State Assistance or
7		Additional Financial Assistance, or direct payment of
8		Additional State Assistance or Additional Financial
9		Assistance, to a trustee or any other entity for the payment of
10		debt service on its bonds.
11		(f) The certification required under subsection (d) with
12		respect to outstanding bonds and notes of the Authority shall
13		be filed as early as practicable before the beginning of the
14		State fiscal year to which it relates. The certification shall
15		be revised as may be necessary to accurately state the debt
16		service requirements of the Authority.
17		(g) Within 6 months of the end of each fiscal year, the
18		Authority shall determine:
19		(i) whether the aggregate of all system generated
20		revenues for public transportation in the metropolitan
21		region which is provided by, or under grant or purchase of
22		service contracts with, the Service Boards equals 50% of
23		the aggregate of all costs of providing such public
24		transportation. "System generated revenues" include all
25		the proceeds of fares and charges for services provided,
26		contributions received in connection with public

HB1437 Enrolled - 145 - LRB104 08139 SPS 18185 b
1		transportation from units of local government other than
2		the Authority, except for contributions received by the
3		Chicago Transit Authority from a real estate transfer tax
4		imposed under subsection (i) of Section 8-3-19 of the
5		Illinois Municipal Code, and from the State pursuant to
6		subsection (i) of Section 2705-305 of the Department of
7		Transportation Law, and all other revenues properly
8		included consistent with generally accepted accounting
9		principles but may not include: the proceeds from any
10		borrowing, and, beginning with the 2007 fiscal year, all
11		revenues and receipts, including but not limited to fares
12		and grants received from the federal, State or any unit of
13		local government or other entity, derived from providing
14		ADA paratransit service pursuant to Section 2.30 of the
15		Regional Transportation Authority Act. "Costs" include all
16		items properly included as operating costs consistent with
17		generally accepted accounting principles, including
18		administrative costs, but do not include: depreciation;
19		payment of principal and interest on bonds, notes or other
20		evidences of obligations for borrowed money of the
21		Authority; payments with respect to public transportation
22		facilities made pursuant to subsection (b) of Section
23		2.20; any payments with respect to rate protection
24		contracts, credit enhancements or liquidity agreements
25		made under Section 4.14; any other cost as to which it is
26		reasonably expected that a cash expenditure will not be

HB1437 Enrolled - 146 - LRB104 08139 SPS 18185 b
1		made; costs for passenger security including grants,
2		contracts, personnel, equipment and administrative
3		expenses, except in the case of the Chicago Transit
4		Authority, in which case the term does not include costs
5		spent annually by that entity for protection against crime
6		as required by Section 27a of the Metropolitan Transit
7		Authority Act; the costs of Debt Service paid by the
8		Chicago Transit Authority, as defined in Section 12c of
9		the Metropolitan Transit Authority Act, or bonds or notes
10		issued pursuant to that Section; the payment by the
11		Commuter Rail Division of debt service on bonds issued
12		pursuant to Section 3B.09; expenses incurred by the
13		Suburban Bus Division for the cost of new public
14		transportation services funded from grants pursuant to
15		Section 2.01e of this Act for a period of 2 years from the
16		date of initiation of each such service; costs as exempted
17		by the Board for projects pursuant to Section 2.09 of this
18		Act; or, beginning with the 2007 fiscal year, expenses
19		related to providing ADA paratransit service pursuant to
20		Section 2.30 of the Regional Transportation Authority Act;
21		or in fiscal years 2008 through 2012 inclusive, costs in
22		the amount of $200,000,000 in fiscal year 2008, reducing
23		by $40,000,000 in each fiscal year thereafter until this
24		exemption is eliminated. If said system generated revenues
25		are less than 50% of said costs, the Board shall remit an
26		amount equal to the amount of the deficit to the State;

HB1437 Enrolled - 147 - LRB104 08139 SPS 18185 b
1		however, due to the fiscal impacts from the COVID-19
2		pandemic, for fiscal years 2021, 2022, 2023, 2024, and
3		2025, and 2026, no such payment shall be required. The
4		Treasurer shall deposit any such payment in the Road Fund;
5		and
6		(ii) whether, beginning with the 2007 fiscal year, the
7		aggregate of all fares charged and received for ADA
8		paratransit services equals the system generated ADA
9		paratransit services revenue recovery ratio percentage of
10		the aggregate of all costs of providing such ADA
11		paratransit services.
12		(h) If the Authority makes any payment to the State under
13		paragraph (g), the Authority shall reduce the amount provided
14		to a Service Board from funds transferred under paragraph (a)
15		in proportion to the amount by which that Service Board failed
16		to meet its required system generated revenues recovery ratio.
17		A Service Board which is affected by a reduction in funds under
18		this paragraph shall submit to the Authority concurrently with
19		its next due quarterly report a revised budget incorporating
20		the reduction in funds. The revised budget must meet the
21		criteria specified in clauses (i) through (vi) of Section
22		4.11(b)(2). The Board shall review and act on the revised
23		budget as provided in Section 4.11(b)(3).
24		(Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24;
25		103-588, eff. 6-5-24.)

HB1437 Enrolled - 148 - LRB104 08139 SPS 18185 b
1		Article 99.
2		Section 99-99. Effective date. This Act takes effect upon
3		becoming law.