Sen. Bill Cunningham

Filed: 10/28/2025

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LRB104 08139 SPS 29330 a

1 AMENDMENT TO HOUSE BILL 1437

2 AMENDMENT NO. ______. Amend House Bill 1437, AS AMENDED,

3 by replacing everything after the enacting clause with the

4 following:

5 "Article 1.

6 Section 1-5. The Election Code is amended by changing

7 Section 1-20.1 as follows:

8 (10 ILCS 5/1-20.1)

9 (Section scheduled to be repealed on January 1, 2026)

10 Sec. 1-20.1. Task Force to Review Eligibility to Hold

11 Public Office.

12 (a) The Task Force to Review Eligibility to Hold Public

13 Office is created. The purpose of the Task Force is to review

14 what criminal conduct precludes a person from holding public

15 office in this State and to make recommendations as to what

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1 criminal conduct should preclude an individual from holding

2 public office.

3 (b) The Task Force shall be comprised of the following

4 members:

5 (1) The president of a statewide bar association or

6 his or her designee, the executive director of a statewide

7 association advocating for the advancement of civil

8 liberties or his or her designee, an executive director of

9 a legal aid organization or statewide association with a

10 practice group dedicated to or focused on returning

11 citizen expungements and sealing of criminal records, all

12 appointed by the Governor.

13 (2) 4 members of the public, one appointed by each of

14 the following: the Speaker of the House of

15 Representatives; the Minority Leader of the House of

16 Representatives; the President of the Senate; and the

17 Minority Leader of the Senate.

18 (3) 2 individuals who have been formerly incarcerated,

19 appointed by the Governor.

20 (4) The Attorney General or his or her designee.

21 (5) 2 individuals from the Illinois Sentencing Policy

22 Advisory Council appointed by the Executive Director.

23 (6) 2 State Representatives appointed by the Speaker

24 of the House of Representatives; 2 State Representatives

25 appointed by the Minority Leader of the House of

26 Representatives; 2 State Senators appointed by the

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1 President of the Senate; 2 State Senators appointed by the

2 Minority Leader of the Senate.

3 The members of the Task Force shall serve without

4 compensation. All appointments under this subsection must be

5 made within 30 days after the effective date of this

6 amendatory Act of the 103rd General Assembly.

7 (c) The State Board of Elections shall provide

8 administrative and technical support to the Task Force and be

9 responsible for administering its operations and ensuring that

10 the requirements of the Task Force are met. The Executive

11 Director of the State Board of Elections shall appoint a

12 cochairperson for the Task Force and the President of the

13 Senate and the Speaker of the House of Representatives shall

14 jointly appoint a cochairperson for the Task Force.

15 (d) The Task Force shall meet at least 4 times with the

16 first meeting occurring within 60 days after the effective

17 date of this amendatory Act of the 103rd General Assembly. The

18 Executive Director of the State Board of Elections shall

19 designate the day, time, and place for each meeting of the Task

20 Force.

21 (e) The Task Force shall review what conduct currently

22 precludes an individual from holding public office in this

23 State; the policy rationale for precluding an individual from

24 holding public office based on certain criminal conduct;

25 available research and best practices for restoring returning

26 individuals to full citizenship; and the processes of

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1 restoration of eligibility to hold public office in this

2 State. After this review, the Task Force shall make

3 recommendations as to what criminal conduct shall preclude an

4 individual from holding public office in this State.

5 (f) The Task Force shall produce a report detailing the

6 Task Force's findings and recommendations and needed

7 resources. The Task Force shall submit a report of its

8 findings and recommendations to the General Assembly and the

9 Governor by May 1, 2025.

10 (g) This Section is repealed on January 1, 2027 ~~January 1,~~

11 ~~2026~~.

12 (Source: P.A. 103-562, eff. 11-17-23.)

13 Section 1-10. The Illinois Act on the Aging is amended by

14 changing Section 8.10 as follows:

15 (20 ILCS 105/8.10)

16 (Section scheduled to be repealed on May 16, 2026)

17 Sec. 8.10. The Illinois Commission on LGBTQ Aging.

18 (a) Commission purpose. The Commission is created to

19 investigate, analyze, and study the health, housing,

20 financial, psychosocial, home-and-community-based services,

21 assisted living, and long-term care needs of LGBTQ older

22 adults and their caregivers. The Commission shall make

23 recommendations to improve access to benefits, services, and

24 supports for LGBTQ older adults and their caregivers. The

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1 Commission, in formulating its recommendations, shall take

2 into account the best policies and practices in other states

3 and jurisdictions. Specifically, the Commission shall:

4 (1) Examine the impact of State and local laws,

5 policies, and regulations on LGBTQ older adults and make

6 recommendations to ensure equitable access, treatment,

7 care and benefits, and overall quality of life.

8 (2) Examine best practices for increasing access,

9 reducing isolation, preventing abuse and exploitation,

10 promoting independence and self-determination,

11 strengthening caregiving, eliminating disparities, and

12 improving overall quality of life for LGBTQ older adults.

13 (3) Examine the impact of race, ethnicity, sex

14 assigned at birth, socioeconomic status, disability,

15 sexual orientation, gender identity, and other

16 characteristics on access to services for LGBTQ older

17 adults and make recommendations to ensure equitable

18 access, treatment, care, and benefits and overall quality

19 of life.

20 (4) Examine the experiences and needs of LGBTQ older

21 adults living with HIV/AIDS and make recommendations to

22 ensure equitable access, treatment, care, benefits, and

23 overall quality of life.

24 (5) Examine strategies to increase provider awareness

25 of the needs of LGBTQ older adults and their caregivers

26 and to improve the competence of and access to treatment,

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1 services, and ongoing care, including preventive care.

2 (6) Examine the feasibility of developing statewide

3 training curricula to improve provider competency in the

4 delivery of culturally responsive health, housing, and

5 long-term support services to LGBTQ older adults and their

6 caregivers.

7 (7) Assess the funding and programming needed to

8 enhance services to the growing population of LGBTQ older

9 adults.

10 (8) Examine whether certain policies and practices, or

11 the absence thereof, promote the premature admission of

12 LGBTQ older adults to institutional care, and examine

13 whether potential cost-savings exist for LGBTQ older

14 adults as a result of providing lower cost and culturally

15 responsive home and community-based alternatives to

16 institutional care.

17 (9) Examine outreach protocols to reduce apprehension

18 among LGBTQ older adults and caregivers of utilizing

19 mainstream providers.

20 (10) Evaluate the implementation status of Public Act

21 101-325.

22 (11) Evaluate the implementation status of Public Act

23 102-543, examine statewide strategies for the collection

24 of sexual orientation and gender identity data and the

25 impact of these strategies on the provision of services to

26 LGBTQ older adults, and conduct a statewide survey

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1 designed to approximate the number of LGBTQ older adults

2 in the State and collect demographic information (if

3 resources allow for the implementation of a survey

4 instrument).

5 (b) Commission members.

6 (1) The Commission shall include at least all of the

7 following persons who must be appointed by the Governor

8 within 60 days after the effective date of this amendatory

9 Act of the 102nd General Assembly:

10 (A) one member from a statewide organization that

11 advocates for older adults;

12 (B) one member from a national organization that

13 advocates for LGBTQ older adults;

14 (C) one member from a community-based, multi-site

15 healthcare organization founded to serve LGBTQ people;

16 (D) the director of senior services from a

17 community center serving LGBTQ people, or the

18 director's designee;

19 (E) one member from an HIV/AIDS service

20 organization;

21 (F) one member from an organization that is a

22 project incubator and think tank that is focused on

23 action that leads to improved outcomes and

24 opportunities for LGBTQ communities;

25 (G) one member from a labor organization that

26 provides care and services for older adults in

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1 long-term care facilities;

2 (H) one member from a statewide association

3 representing long-term care facilities;

4 (I) 5 members from organizations that serve Black,

5 Asian-American, Pacific Islander, Indigenous, or

6 Latinx LGBTQ people;

7 (J) one member from a statewide organization for

8 people with disabilities; and

9 (K) 10 LGBTQ older adults, including at least:

10 (i) 3 members who are transgender or

11 gender-expansive individuals;

12 (ii) 2 members who are older adults living

13 with HIV;

14 (iii) one member who is Two-Spirit;

15 (iv) one member who is an African-American or

16 Black individual;

17 (v) one member who is a Latinx individual;

18 (vi) one member who is an Asian-American or

19 Pacific Islander individual; and

20 (vii) one member who is an ethnically diverse

21 individual.

22 (2) The following State agencies shall each designate

23 one representative to serve as an ex officio member of the

24 Commission: the Department, the Department of Public

25 Health, the Department of Human Services, the Department

26 of Healthcare and Family Services, and the Department of

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1 Veterans Affairs.

2 (3) Appointing authorities shall ensure, to the

3 maximum extent practicable, that the Commission is diverse

4 with respect to race, ethnicity, age, sexual orientation,

5 gender identity, gender expression, and geography.

6 (4) Members of the Commission shall serve until this

7 Section is repealed. Members shall continue to serve until

8 their successors are appointed. Any vacancy shall be

9 filled by the appointing authority. Any vacancy occurring

10 other than by the dissolution of the Commission shall be

11 filled for the balance of the unexpired term. Members of

12 the Commission shall serve without compensation but shall

13 be reimbursed for expenses necessarily incurred in the

14 performance of their duties.

15 (c) Commission organization. The Commission shall provide

16 for its organization and procedure, including selection of the

17 chairperson and vice-chairperson. A majority of the Commission

18 shall constitute a quorum for the transaction of business.

19 Administrative and other support for the Commission shall be

20 provided by the Department. Any State agency under the

21 jurisdiction of the Governor shall provide testimony and

22 information as directed by the Commission.

23 (d) Meetings and reports. The Commission shall:

24 (1) Hold at least one public meeting per quarter.

25 Public meetings may be virtually conducted.

26 (2) Prepare and submit an annual report to the

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1 Governor, the Illinois General Assembly, the Director, and

2 the Illinois Council on Aging that details the progress

3 made toward achieving the Commission's stated objectives

4 and that contains findings and recommendations, including

5 any recommended legislation. The annual report shall be

6 made available to the public on the Department's publicly

7 accessible website.

8 (3) Submit, by no later than March 30, 2027 ~~2026~~, a

9 final report in the same manner as an annual report,

10 detailing the work the Commission has done since its

11 inception and providing the findings and recommendations,

12 including any recommended legislation. The final report

13 shall be made available to the public on the Department's

14 publicly accessible website.

15 The Department and Commission may collaborate with an

16 institution of higher education in Illinois to compile the

17 reports required under this Section.

18 (e) This Section is repealed May 16, 2027 ~~May 16, 2026~~.

19 (Source: P.A. 103-1059, eff. 12-20-24; 104-234, eff. 8-15-25.)

20 Section 1-15. The Grocery Initiative Act is amended by

21 changing Section 10 as follows:

22 (20 ILCS 750/10)

23 (Section scheduled to be repealed on January 1, 2026)

24 Sec. 10. Grocery Initiative Study. The Department shall,

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1 subject to appropriation, study food insecurity in urban and

2 rural food deserts. The study may include an exploration of

3 the reasons for current market failures, potential policy

4 solutions, geographic trends, and the need for independent

5 grocers, and it shall identify communities at risk of becoming

6 food deserts. The study may also include a disparity study to

7 assess the need for aspirational goals for ownership among

8 minority, women, and persons with a disability as defined in

9 the Business Enterprise for Minorities, Women, and Persons

10 with Disabilities Act. The Department may enter into

11 contracts, grants, or other agreements to complete this study.

12 This report shall be submitted to the General Assembly by

13 December 31, 2024. This Section is repealed on January 1, 2027

14 ~~January 1, 2026~~.

15 (Source: P.A. 103-561, eff. 1-1-24.)

16 Section 1-20. The Illinois Lottery Law is amended by

17 changing Sections 21.4, 21.5, and 21.8 as follows:

18 (20 ILCS 1605/21.4)

19 Sec. 21.4. Joint Special Instant Scratch-off game.

20 (a) The Department shall offer a joint special instant

21 scratch-off game for the benefit of the special causes

22 identified in Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10,

23 21.11, 21.13, 21.15, and 21.16. The operation of the game

24 shall be governed by this Section and any rules adopted by the

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1 Department. The game shall commence on January 1, 2024 or as

2 soon thereafter, at the discretion of the Director, as is

3 reasonably practical ~~and shall be discontinued on January 1,~~

4 ~~2027~~. If any provision of this Section is inconsistent with

5 any other provision in the Act, then this Section governs.

6 (b) Once the joint special instant scratch-off game is

7 used to fund a special cause, the game will be used to fund the

8 special cause for the remainder of the special causes'

9 existence per the causes' respective Section of this Act.

10 (c) ~~New specialty tickets and causes authorized by this~~

11 ~~Act shall be funded by the joint special instant scratch-off~~

12 ~~game. New specialty tickets and causes after February 1, 2024~~

13 ~~must have a sunset date.~~ The Department shall be limited to

14 supporting no more than 10 causes in total at any given time.

15 (d) Net revenue received from the sale of the joint

16 special instant scratch-off game for the purposes of this

17 Section shall be divided equally among the special causes the

18 game benefits. At the direction of the Department, the State

19 Comptroller shall direct and the State Treasurer shall

20 transfer from the State Lottery Fund the net revenue to the

21 specific fund identified for each special cause in accordance

22 with the special cause's respective Section in this Act. As

23 used in this Section, "net revenue" means the total amount for

24 which tickets have been sold less the sum of the amount paid

25 out in prizes and to retailers, and direct and estimated

26 administrative expenses incurred in operation of the ticket.

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1 (Source: P.A. 103-381, eff. 7-28-23; 103-574, eff. 12-8-23.)

2 (20 ILCS 1605/21.5)

3 Sec. 21.5. Carolyn Adams Ticket For The Cure.

4 (a) The Department shall offer a special instant

5 scratch-off game with the title of "Carolyn Adams Ticket For

6 The Cure". The game shall commence on January 1, 2006 or as

7 soon thereafter, in the discretion of the Director, as is

8 reasonably practical~~, and shall be discontinued on December~~

9 ~~31, 2026~~. The operation of the game shall be governed by this

10 Act and any rules adopted by the Department. The Department

11 must consult with the Carolyn Adams Ticket For The Cure Board,

12 which is established under Section 2310-347 of the Department

13 of Public Health Powers and Duties Law of the Civil

14 Administrative Code of Illinois, regarding the design and

15 promotion of the game.

16 (b) The Carolyn Adams Ticket For The Cure Grant Fund is

17 created as a special fund in the State treasury. The net

18 revenue from the Carolyn Adams Ticket For The Cure special

19 instant scratch-off game shall be deposited into the Fund for

20 appropriation by the General Assembly solely to the Department

21 of Public Health for the purpose of making grants to public or

22 private entities in Illinois for the purpose of funding breast

23 cancer research, and supportive services for breast cancer

24 survivors and those impacted by breast cancer and breast

25 cancer education. In awarding grants, the Department of Public

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1 Health shall consider criteria that includes, but is not

2 limited to, projects and initiatives that address disparities

3 in incidence and mortality rates of breast cancer, based on

4 data from the Illinois Cancer Registry, and populations facing

5 barriers to care. The Department of Public Health shall,

6 before grants are awarded, provide copies of all grant

7 applications to the Carolyn Adams Ticket For The Cure Board,

8 receive and review the Board's recommendations and comments,

9 and consult with the Board regarding the grants. For purposes

10 of this Section, the term "research" includes, without

11 limitation, expenditures to develop and advance the

12 understanding, techniques, and modalities effective in the

13 detection, prevention, screening, and treatment of breast

14 cancer and may include clinical trials. The grant funds may

15 not be used for institutional, organizational, or

16 community-based overhead costs, indirect costs, or levies.

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 Ticket For The Cure game.

2 (c) During the time that tickets are sold for the Carolyn

3 Adams Ticket For The Cure game, the Department shall not

4 unreasonably diminish the efforts devoted to marketing any

5 other instant scratch-off lottery game.

6 (d) The Department may adopt any rules necessary to

7 implement and administer the provisions of this Section.

8 (Source: P.A. 103-381, eff. 7-28-23.)

9 (20 ILCS 1605/21.8)

10 Sec. 21.8. Quality of Life scratch-off game.

11 (a) The Department shall offer a special instant

12 scratch-off game with the title of "Quality of Life". The game

13 shall commence on July 1, 2007 or as soon thereafter, in the

14 discretion of the Director, as is reasonably practical~~, and~~

15 ~~shall be discontinued on December 31, 2025~~. The operation of

16 the game is governed by this Act and by any rules adopted by

17 the Department. The Department must consult with the Quality

18 of Life Board, which is established under Section 2310-348 of

19 the Department of Public Health Powers and Duties Law of the

20 Civil Administrative Code of Illinois, regarding the design

21 and promotion of the game.

22 (b) The Quality of Life Endowment Fund is created as a

23 special fund in the State treasury. The net revenue from the

24 Quality of Life special instant scratch-off game must be

25 deposited into the Fund for appropriation by the General

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1 Assembly solely to the Department of Public Health for the

2 purpose of HIV/AIDS-prevention education and for making grants

3 to public or private entities in Illinois for the purpose of

4 funding organizations that serve the highest at-risk

5 categories for contracting HIV or developing AIDS. Grants

6 shall be targeted to serve at-risk populations in proportion

7 to the distribution of recent reported Illinois HIV/AIDS cases

8 among risk groups as reported by the Illinois Department of

9 Public Health. The recipient organizations must be engaged in

10 HIV/AIDS-prevention education and HIV/AIDS healthcare

11 treatment. The Department must, before grants are awarded,

12 provide copies of all grant applications to the Quality of

13 Life Board, receive and review the Board's recommendations and

14 comments, and consult with the Board regarding the grants.

15 Organizational size will determine an organization's

16 competitive slot in the "Request for Proposal" process.

17 Organizations with an annual budget of $300,000 or less will

18 compete with like size organizations for 50% of the Quality of

19 Life annual fund. Organizations with an annual budget of

20 $300,001 to $700,000 will compete with like organizations for

21 25% of the Quality of Life annual fund, and organizations with

22 an annual budget of $700,001 and upward will compete with like

23 organizations for 25% of the Quality of Life annual fund. The

24 lottery may designate a percentage of proceeds for marketing

25 purposes. The grant funds may not be used for institutional,

26 organizational, or community-based overhead costs, indirect

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1 costs, or levies.

2 Grants awarded from the Fund are intended to augment the

3 current and future State funding for the prevention and

4 treatment of HIV/AIDS and are not intended to replace that

5 funding.

6 Moneys received for the purposes of this Section,

7 including, without limitation, net revenue from the special

8 instant scratch-off game and gifts, grants, and awards from

9 any public or private entity, must be deposited into the Fund.

10 Any interest earned on moneys in the Fund must be deposited

11 into the Fund.

12 As used in this subsection, "net revenue" means the total

13 amount for which tickets have been sold less the sum of the

14 amount paid out in prizes and to retailers, and direct and

15 estimated administrative expenses of the Department solely

16 related to the Quality of Life game.

17 (c) During the time that tickets are sold for the Quality

18 of Life game, the Department shall not unreasonably diminish

19 the efforts devoted to marketing any other instant scratch-off

20 lottery game.

21 (d) The Department may adopt any rules necessary to

22 implement and administer the provisions of this Section in

23 consultation with the Quality of Life Board.

24 (Source: P.A. 102-813, eff. 5-13-22; 103-381, eff. 7-28-23.)

25 Section 1-25. The Department of Public Health Powers and

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1 Duties Law of the Civil Administrative Code of Illinois is

2 amended by changing Section 2310-542 as follows:

3 (20 ILCS 2310/2310-542)

4 (Section scheduled to be repealed on January 1, 2026)

5 Sec. 2310-542. Safe gun storage public awareness campaign.

6 (a) Subject to appropriation, the Department shall develop

7 and implement a comprehensive 2-year statewide safe gun

8 storage public awareness campaign. The campaign shall include

9 the following:

10 (1) Sustained and focused messaging over the course of

11 the 2-year campaign period.

12 (2) Messages paired with information about enforcement

13 or incentives for safe gun storage.

14 (3) Geographic and cultural considerations.

15 (b) The campaign shall be divided into the following 3

16 phases:

17 (1) A statewide messaging strategy that shall develop

18 research-based, culturally appropriate messaging for

19 awareness of gun safety, reducing access to lethal means,

20 and encouraging safe storage. The campaign shall include

21 formats such as paid advertising on Chicago Transit

22 Authority trains, bus stops, billboards, digital or social

23 media campaigns, radio, and other public education and

24 outreach.

25 (2) A gun lock and gun safe distribution campaign and

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1 gun buy-back programs. This phase shall require the

2 following:

3 (A) Developing a focused strategy to distribute,

4 through community-based organizations, gun locks and

5 gun safes in areas most affected by gun violence.

6 (B) Pairing gun lock distribution with brief

7 counseling or education sessions, which has been shown

8 to significantly increase safe storage practices.

9 (C) Developing an education and training program

10 on safe storage counseling and screening for health

11 care professionals, including pediatric primary care

12 and emergency room departments.

13 (D) Developing education and training on the

14 Firearms Restraining Order Act for practitioners, law

15 enforcement, and the general public.

16 (E) Focusing on suicide prevention, youth or young

17 adult survivors of gun violence, and families at risk

18 due to domestic violence.

19 (F) Incorporating gun buy-back opportunities in

20 partnership with law enforcement, community-based

21 organizations, and other local stakeholders.

22 (3) A comprehensive evaluation to measure changes in

23 gun safety behaviors and the overall impact and

24 effectiveness of the campaign to promote safety. Metrics

25 to be measured include, but are not limited to, the

26 following:

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1 (A) Changes in parent behavior and perception.

2 (B) Media campaign metrics and digital analytics.

3 (C) The number of people reached through each

4 strategy.

5 (D) The number of gun locks and gun safes

6 distributed.

7 (E) Changes in intentional and unintentional

8 firearm injury.

9 (c) This Section is repealed on July ~~January~~ 1, 2026.

10 (Source: P.A. 102-1067, eff. 1-1-23.)

11 Section 1-30. The Illinois Power Agency Act is amended by

12 changing Section 1-130 as follows:

13 (20 ILCS 3855/1-130)

14 (Section scheduled to be repealed on January 1, 2026)

15 Sec. 1-130. Home rule preemption.

16 (a) The authorization to impose any new taxes or fees

17 specifically related to the generation of electricity by, the

18 capacity to generate electricity by, or the emissions into the

19 atmosphere by electric generating facilities after the

20 effective date of this Act is an exclusive power and function

21 of the State. A home rule unit may not levy any new taxes or

22 fees specifically related to the generation of electricity by,

23 the capacity to generate electricity by, or the emissions into

24 the atmosphere by electric generating facilities after the

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1 effective date of this Act. This Section is a denial and

2 limitation on home rule powers and functions under subsection

3 (g) of Section 6 of Article VII of the Illinois Constitution.

4 (b) This Section is repealed on January 1, 2028 ~~January 1,~~

5 ~~2026~~.

6 (Source: P.A. 102-671, eff. 11-30-21; 102-1109, eff. 12-21-22;

7 103-563, eff. 11-17-23; 103-1059, eff. 12-20-24.)

8 Section 1-35. The Illinois Health Facilities Planning Act

9 is amended by changing Section 3.6 as follows:

10 (20 ILCS 3960/3.6)

11 (Section scheduled to be repealed on June 25, 2026)

12 Sec. 3.6. Facilities maintained or operated by a State

13 agency.

14 (a) For the purposes of this Section, "Department" means

15 the Department of Veterans Affairs.

16 (b) Except for the requirements set forth in subsection

17 (c), any construction, modification, establishment, or change

18 in categories of service of a health care facility funded

19 through an appropriation from the General Assembly and

20 maintained or operated by the Department is not subject to

21 requirements of this Act. The Department is subject to this

22 Act when the Department discontinues a health care facility or

23 category of service.

24 (c) The Department must notify the Board in writing of any

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1 appropriation by the General Assembly for the construction,

2 modification, establishment or change in categories of

3 service, excluding discontinuation of a health care facility

4 or categories of service, maintained or operated by the

5 Department of Veterans Affairs. The Department of Veterans

6 Affairs must include with the written notification the

7 following information: (i) the estimated service capacity of

8 the health care facility; (ii) the location of the project or

9 the intended location if not identified by law; and (iii) the

10 date the health care facility is estimated to be opened. The

11 Department must also notify the Board in writing when the

12 facility has been licensed by the Department of Public Health

13 or any other licensing body. The Department shall submit to

14 the Board, on behalf of the health care facility, any annual

15 facility questionnaires as defined in Section 13 of this Act

16 or any requests for information by the Board.

17 (d) This Section is repealed on June 25, 2029 (8 ~~5~~ years

18 after the effective date of Public Act 102-35) ~~this amendatory~~

19 ~~Act of the 102nd General Assembly~~.

20 (Source: P.A. 104-234, eff. 8-15-25.)

21 Section 1-40. The Hydrogen Economy Act is amended by

22 changing Section 95 as follows:

23 (20 ILCS 4122/95)

24 (Section scheduled to be repealed on June 1, 2026)

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1 Sec. 95. Repealer. This Act is repealed on June 1, 2027

2 ~~June 1, 2026~~.

3 (Source: P.A. 102-1086, eff. 6-10-22; 102-1129, eff. 2-10-23.)

4 Section 1-45. The Community Land Trust Task Force Act is

5 amended by changing Sections 30 and 35 as follows:

6 (20 ILCS 4126/30)

7 (Section scheduled to be repealed on December 31, 2025)

8 Sec. 30. Report. The Task Force shall submit its final

9 report to the Governor and General Assembly no later than

10 December 31, 2026 ~~2025~~. The final report shall be made

11 available on the Illinois Housing Development Authority's

12 website for viewing by the general public.

13 (Source: P.A. 103-250, eff. 6-30-23; 103-811, eff. 8-9-24.)

14 (20 ILCS 4126/35)

15 (Section scheduled to be repealed on December 31, 2025)

16 Sec. 35. Dissolution; repeal. The Task Force is dissolved

17 and this Act is repealed on December 31, 2026 ~~2025~~.

18 (Source: P.A. 103-250, eff. 6-30-23; 103-811, eff. 8-9-24.)

19 Section 1-50. The Community-Based Corrections Task Force

20 Act is amended by changing Section 20 as follows:

21 (20 ILCS 4134/20)

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1 Sec. 20. Report.

2 (a) On or before March 31, 2026 ~~December 31, 2025~~, the Task

3 Force shall publish a final report of its findings,

4 developments, and recommendations and after the publication of

5 its final report the Task Force shall be dissolved. The report

6 shall, at a minimum, detail findings and recommendations

7 related to the duties of the Task Force and the following:

8 (1) information and recommendations related to the

9 benefits of community-based corrections and specialty

10 courts; and

11 (2) the development and implementation of a new

12 community-based corrections program.

13 (b) The final report shall be shared with the following:

14 (1) the General Assembly; and

15 (2) the Offices of the Governor and Lieutenant

16 Governor.

17 (Source: P.A. 103-982, eff. 8-9-24.)

18 Section 1-55. The Illinois Income Tax Act is amended by

19 changing Sections 221 and 231 as follows:

20 (35 ILCS 5/221)

21 Sec. 221. Rehabilitation costs; qualified historic

22 properties; River Edge Redevelopment Zone.

23 (a) For taxable years that begin on or after January 1,

24 2012 and begin prior to January 1, 2018, there shall be allowed

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1 a tax credit against the tax imposed by subsections (a) and (b)

2 of Section 201 of this Act in an amount equal to 25% of

3 qualified expenditures incurred by a qualified taxpayer during

4 the taxable year in the restoration and preservation of a

5 qualified historic structure located in a River Edge

6 Redevelopment Zone pursuant to a qualified rehabilitation

7 plan, provided that the total amount of such expenditures (i)

8 must equal $5,000 or more and (ii) must exceed 50% of the

9 purchase price of the property.

10 (a-1) For taxable years that begin on or after January 1,

11 2018 and end prior to January 1, 2029 ~~2027~~, there shall be

12 allowed a tax credit against the tax imposed by subsections

13 (a) and (b) of Section 201 of this Act in an aggregate amount

14 equal to 25% of qualified expenditures incurred by a qualified

15 taxpayer in the restoration and preservation of a qualified

16 historic structure located in a River Edge Redevelopment Zone

17 pursuant to a qualified rehabilitation plan, provided that the

18 total amount of such expenditures must (i) equal $5,000 or

19 more and (ii) exceed the adjusted basis of the qualified

20 historic structure on the first day the qualified

21 rehabilitation plan begins. For any rehabilitation project,

22 regardless of duration or number of phases, the project's

23 compliance with the foregoing provisions (i) and (ii) shall be

24 determined based on the aggregate amount of qualified

25 expenditures for the entire project and may include

26 expenditures incurred under subsection (a), this subsection,

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1 or both subsection (a) and this subsection. If the qualified

2 rehabilitation plan spans multiple years, the aggregate credit

3 for the entire project shall be allowed in the last taxable

4 year, except for phased rehabilitation projects, which may

5 receive credits upon completion of each phase. Before

6 obtaining the first phased credit: (A) the total amount of

7 such expenditures must meet the requirements of provisions (i)

8 and (ii) of this subsection; (B) the rehabilitated portion of

9 the qualified historic structure must be placed in service;

10 and (C) the requirements of subsection (b) must be met.

11 (a-2) For taxable years beginning on or after January 1,

12 2021 and ending prior to January 1, 2029 ~~2027~~, there shall be

13 allowed a tax credit against the tax imposed by subsections

14 (a) and (b) of Section 201 as provided in Section 10-10.3 of

15 the River Edge Redevelopment Zone Act. The credit allowed

16 under this subsection (a-2) shall apply only to taxpayers that

17 make a capital investment of at least $1,000,000 in a

18 qualified rehabilitation plan.

19 The credit or credits may not reduce the taxpayer's

20 liability to less than zero. If the amount of the credit or

21 credits exceeds the taxpayer's liability, the excess may be

22 carried forward and applied against the taxpayer's liability

23 in succeeding calendar years in the manner provided under

24 paragraph (4) of Section 211 of this Act. The credit or credits

25 shall be applied to the earliest year for which there is a tax

26 liability. If there are credits from more than one taxable

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1 year that are available to offset a liability, the earlier

2 credit shall be applied first.

3 For partners, shareholders of Subchapter S corporations,

4 and owners of limited liability companies, if the liability

5 company is treated as a partnership for the purposes of

6 federal and State income taxation, there shall be allowed a

7 credit under this Section to be determined in accordance with

8 the determination of income and distributive share of income

9 under Sections 702 and 704 and Subchapter S of the Internal

10 Revenue Code.

11 The total aggregate amount of credits awarded under the

12 Blue Collar Jobs Act (Article 20 of this amendatory Act of the

13 101st General Assembly) shall not exceed $20,000,000 in any

14 State fiscal year.

15 (b) To obtain a tax credit pursuant to this Section, the

16 taxpayer must apply with the Department of Natural Resources.

17 The Department of Natural Resources shall determine the amount

18 of eligible rehabilitation costs and expenses in addition to

19 the amount of the River Edge construction jobs credit within

20 45 days of receipt of a complete application. The taxpayer

21 must submit a certification of costs prepared by an

22 independent certified public accountant that certifies (i) the

23 project expenses, (ii) whether those expenses are qualified

24 expenditures, and (iii) that the qualified expenditures exceed

25 the adjusted basis of the qualified historic structure on the

26 first day the qualified rehabilitation plan commenced. The

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1 Department of Natural Resources is authorized, but not

2 required, to accept this certification of costs to determine

3 the amount of qualified expenditures and the amount of the

4 credit. The Department of Natural Resources shall provide

5 guidance as to the minimum standards to be followed in the

6 preparation of such certification. The Department of Natural

7 Resources and the National Park Service shall determine

8 whether the rehabilitation is consistent with the United

9 States Secretary of the Interior's Standards for

10 Rehabilitation.

11 (b-1) Upon completion of the project and approval of the

12 complete application, the Department of Natural Resources

13 shall issue a single certificate in the amount of the eligible

14 credits equal to 25% of qualified expenditures incurred during

15 the eligible taxable years, as defined in subsections (a) and

16 (a-1), excepting any credits awarded under subsection (a)

17 prior to January 1, 2019 (the effective date of Public Act

18 100-629) and any phased credits issued prior to the eligible

19 taxable year under subsection (a-1). At the time the

20 certificate is issued, an issuance fee up to the maximum

21 amount of 2% of the amount of the credits issued by the

22 certificate may be collected from the applicant to administer

23 the provisions of this Section. If collected, this issuance

24 fee shall be deposited into the Historic Property

25 Administrative Fund, a special fund created in the State

26 treasury. Subject to appropriation, moneys in the Historic

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1 Property Administrative Fund shall be provided to the

2 Department of Natural Resources as reimbursement for the costs

3 associated with administering this Section.

4 (c) The taxpayer must attach the certificate to the tax

5 return on which the credits are to be claimed. The tax credit

6 under this Section may not reduce the taxpayer's liability to

7 less than zero. If the amount of the credit exceeds the tax

8 liability for the year, the excess credit may be carried

9 forward and applied to the tax liability of the 5 taxable years

10 following the excess credit year.

11 (c-1) Subject to appropriation, moneys in the Historic

12 Property Administrative Fund shall be used, on a biennial

13 basis beginning at the end of the second fiscal year after

14 January 1, 2019 (the effective date of Public Act 100-629), to

15 hire a qualified third party to prepare a biennial report to

16 assess the overall economic impact to the State from the

17 qualified rehabilitation projects under this Section completed

18 in that year and in previous years. The overall economic

19 impact shall include at least: (1) the direct and indirect or

20 induced economic impacts of completed projects; (2) temporary,

21 permanent, and construction jobs created; (3) sales, income,

22 and property tax generation before, during construction, and

23 after completion; and (4) indirect neighborhood impact after

24 completion. The report shall be submitted to the Governor and

25 the General Assembly. The report to the General Assembly shall

26 be filed with the Clerk of the House of Representatives and the

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1 Secretary of the Senate in electronic form only, in the manner

2 that the Clerk and the Secretary shall direct.

3 (c-2) The Department of Natural Resources may adopt rules

4 to implement this Section in addition to the rules expressly

5 authorized in this Section.

6 (d) As used in this Section, the following terms have the

7 following meanings.

8 "Phased rehabilitation" means a project that is completed

9 in phases, as defined under Section 47 of the federal Internal

10 Revenue Code and pursuant to National Park Service regulations

11 at 36 C.F.R. 67.

12 "Placed in service" means the date when the property is

13 placed in a condition or state of readiness and availability

14 for a specifically assigned function as defined under Section

15 47 of the federal Internal Revenue Code and federal Treasury

16 Regulation Sections 1.46 and 1.48.

17 "Qualified expenditure" means all the costs and expenses

18 defined as qualified rehabilitation expenditures under Section

19 47 of the federal Internal Revenue Code that were incurred in

20 connection with a qualified historic structure.

21 "Qualified historic structure" means a certified historic

22 structure as defined under Section 47(c)(3) of the federal

23 Internal Revenue Code.

24 "Qualified rehabilitation plan" means a project that is

25 approved by the Department of Natural Resources and the

26 National Park Service as being consistent with the United

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1 States Secretary of the Interior's Standards for

2 Rehabilitation.

3 "Qualified taxpayer" means the owner of the qualified

4 historic structure or any other person who qualifies for the

5 federal rehabilitation credit allowed by Section 47 of the

6 federal Internal Revenue Code with respect to that qualified

7 historic structure. Partners, shareholders of subchapter S

8 corporations, and owners of limited liability companies (if

9 the limited liability company is treated as a partnership for

10 purposes of federal and State income taxation) are entitled to

11 a credit under this Section to be determined in accordance

12 with the determination of income and distributive share of

13 income under Sections 702 and 703 and subchapter S of the

14 Internal Revenue Code, provided that credits granted to a

15 partnership, a limited liability company taxed as a

16 partnership, or other multiple owners of property shall be

17 passed through to the partners, members, or owners

18 respectively on a pro rata basis or pursuant to an executed

19 agreement among the partners, members, or owners documenting

20 any alternate distribution method.

21 (Source: P.A. 101-9, eff. 6-5-19; 101-81, eff. 7-12-19;

22 102-16, eff. 6-17-21.)

23 (35 ILCS 5/231)

24 Sec. 231. Apprenticeship education expense credit.

25 (a) As used in this Section:

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1 "Accredited training organization" means an organization

2 that:

3 (1) incurs costs related to training apprentice

4 employees;

5 (2) maintains an apprenticeship program approved by

6 the United States Department of Labor, Office of

7 Apprenticeships, that results in an industry-recognized

8 credential; and either

9 (3) is affiliated with a public or nonpublic secondary

10 school in Illinois and is:

11 (A) an institution of higher education that

12 provides a program that leads to an

13 industry-recognized postsecondary credential or

14 degree;

15 (B) an entity that carries out programs that

16 are registered under the federal National

17 Apprenticeship Act; or

18 (C) a public or private provider of a program

19 of training services, including, but not limited to, a

20 joint labor-management organization; or

21 (4) is not affiliated with a public or nonpublic

22 secondary school in Illinois but receives preapproval from

23 the Department to receive tax credits under this Section.

24 "Department" means the Department of Commerce and Economic

25 Opportunity.

26 "Employer" means an Illinois taxpayer who is the employer

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1 of the qualifying apprentice.

2 "Qualifying apprentice" means an individual who: (i) is a

3 resident of the State of Illinois; (ii) is at least 16 years

4 old at the close of the school year for which a credit is

5 sought; (iii) during the school year for which a credit is

6 sought, was a full-time apprentice enrolled in an

7 apprenticeship program which is registered with the United

8 States Department of Labor, Office of Apprenticeship; and (iv)

9 is employed in Illinois by the taxpayer who is the employer.

10 "Qualified education expense" means the amount incurred on

11 behalf of a qualifying apprentice not to exceed $3,500 for

12 tuition, instructional materials, fees (including, but not

13 limited to, book, license, and lab fees), or other expenses

14 that are directly related to training the apprentices and that

15 are preapproved by the Department. All expenses must be paid

16 to or incurred for training at the school, community college,

17 or organization where the apprentice receives training.

18 (b) For taxable years beginning on or after January 1,

19 2020, and beginning on or before January 1, 2027 ~~January 1,~~

20 ~~2026~~, the employer of one or more qualifying apprentices shall

21 be allowed a credit against the tax imposed by subsections (a)

22 and (b) of Section 201 of the Illinois Income Tax Act. The

23 credit shall be equal to $3,500 per qualifying apprentice. A

24 taxpayer shall be entitled to an additional $1,500 credit

25 against the tax imposed by subsections (a) and (b) of Section

26 201 of the Illinois Income Tax Act if (i) the qualifying

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1 apprentice resides in an underserved area as defined in

2 Section 5-5 of the Economic Development for a Growing Economy

3 Tax Credit Act during the school year for which a credit is

4 sought by an employer or (ii) the employer's principal place

5 of business is located in an underserved area, as defined in

6 Section 5-5 of the Economic Development for a Growing Economy

7 Tax Credit Act. In no event shall a credit under this Section

8 reduce the taxpayer's liability under this Act to less than

9 zero. For taxable years ending before December 31, 2023, for

10 partners, shareholders of Subchapter S corporations, and

11 owners of limited liability companies, if the liability

12 company is treated as a partnership for purposes of federal

13 and State income taxation, there shall be allowed a credit

14 under this Section to be determined in accordance with the

15 determination of income and distributive share of income under

16 Sections 702 and 704 and Subchapter S of the Internal Revenue

17 Code. For taxable years ending on or after December 31, 2023,

18 partners and shareholders of subchapter S corporations are

19 entitled to a credit under this Section as provided in Section

20 251.

21 (c) The Department shall implement a program to certify

22 applicants for an apprenticeship credit under this Section.

23 Upon satisfactory review, the Department shall issue a tax

24 credit certificate to an employer incurring costs on behalf of

25 a qualifying apprentice stating the amount of the tax credit

26 to which the employer is entitled. If the employer is seeking a

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1 tax credit for multiple qualifying apprentices, the Department

2 may issue a single tax credit certificate that encompasses the

3 aggregate total of tax credits for qualifying apprentices for

4 a single employer.

5 (d) The Department, in addition to those powers granted

6 under the Civil Administrative Code of Illinois, is granted

7 and shall have all the powers necessary or convenient to carry

8 out and effectuate the purposes and provisions of this

9 Section, including, but not limited to, power and authority

10 to:

11 (1) Adopt rules deemed necessary and appropriate for

12 the administration of this Section; establish forms for

13 applications, notifications, contracts, or any other

14 agreements; and accept applications at any time during the

15 year and require that all applications be submitted via

16 the Internet. The Department shall require that

17 applications be submitted in electronic form.

18 (2) Provide guidance and assistance to applicants

19 pursuant to the provisions of this Section and cooperate

20 with applicants to promote, foster, and support job

21 creation within the State.

22 (3) Enter into agreements and memoranda of

23 understanding for participation of and engage in

24 cooperation with agencies of the federal government, units

25 of local government, universities, research foundations or

26 institutions, regional economic development corporations,

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1 or other organizations for the purposes of this Section.

2 (4) Gather information and conduct inquiries, in the

3 manner and by the methods it deems desirable, including,

4 without limitation, gathering information with respect to

5 applicants for the purpose of making any designations or

6 certifications necessary or desirable or to gather

7 information in furtherance of the purposes of this Act.

8 (5) Establish, negotiate, and effectuate any term,

9 agreement, or other document with any person necessary or

10 appropriate to accomplish the purposes of this Section,

11 and consent, subject to the provisions of any agreement

12 with another party, to the modification or restructuring

13 of any agreement to which the Department is a party.

14 (6) Provide for sufficient personnel to permit

15 administration, staffing, operation, and related support

16 required to adequately discharge its duties and

17 responsibilities described in this Section from funds made

18 available through charges to applicants or from funds as

19 may be appropriated by the General Assembly for the

20 administration of this Section.

21 (7) Require applicants, upon written request, to issue

22 any necessary authorization to the appropriate federal,

23 State, or local authority or any other person for the

24 release to the Department of information requested by the

25 Department, including, but not be limited to, financial

26 reports, returns, or records relating to the applicant or

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1 to the amount of credit allowable under this Section.

2 (8) Require that an applicant shall, at all times,

3 keep proper books of record and account in accordance with

4 generally accepted accounting principles consistently

5 applied, with the books, records, or papers related to the

6 agreement in the custody or control of the applicant open

7 for reasonable Department inspection and audits,

8 including, without limitation, the making of copies of the

9 books, records, or papers.

10 (9) Take whatever actions are necessary or appropriate

11 to protect the State's interest in the event of

12 bankruptcy, default, foreclosure, or noncompliance with

13 the terms and conditions of financial assistance or

14 participation required under this Section or any agreement

15 entered into under this Section, including the power to

16 sell, dispose of, lease, or rent, upon terms and

17 conditions determined by the Department to be appropriate,

18 real or personal property that the Department may recover

19 as a result of these actions.

20 (e) The Department, in consultation with the Department of

21 Revenue, shall adopt rules to administer this Section. The

22 aggregate amount of the tax credits that may be claimed under

23 this Section for qualified education expenses incurred by an

24 employer on behalf of a qualifying apprentice shall be limited

25 to $5,000,000 per calendar year. If applications for a greater

26 amount are received, credits shall be allowed on a first-come

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1 first-served basis, based on the date on which each properly

2 completed application for a certificate of eligibility is

3 received by the Department. If more than one certificate is

4 received on the same day, the credits will be awarded based on

5 the time of submission for that particular day.

6 (f) An employer may not sell or otherwise transfer a

7 credit awarded under this Section to another person or

8 taxpayer.

9 (g) The employer shall provide the Department such

10 information as the Department may require, including, but not

11 limited to: (i) the name, age, and identification number of

12 each qualifying apprentice employed by the taxpayer during the

13 taxable year; (ii) the amount of qualified education expenses

14 incurred with respect to each qualifying apprentice; and (iii)

15 the name of the accredited training organization at which the

16 qualifying apprentice is enrolled and the qualified education

17 expenses are incurred.

18 (h) On or before July 1 of each year, the Department shall

19 report to the Governor and the General Assembly on the tax

20 credit certificates awarded under this Section for the prior

21 calendar year. The report must include:

22 (1) the name of each employer awarded or allocated a

23 credit;

24 (2) the number of qualifying apprentices for whom the

25 employer has incurred qualified education expenses;

26 (3) the North American Industry Classification System

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1 (NAICS) code applicable to each employer awarded or

2 allocated a credit;

3 (4) the amount of the credit awarded or allocated to

4 each employer;

5 (5) the total number of employers awarded or allocated

6 a credit;

7 (6) the total number of qualifying apprentices for

8 whom employers receiving credits under this Section

9 incurred qualified education expenses; and

10 (7) the average cost to the employer of all

11 apprenticeships receiving credits under this Section.

12 (Source: P.A. 103-396, eff. 1-1-24; 103-1059, eff. 12-20-24;

13 104-6, eff. 6-16-25.)

14 Section 1-60. The Counties Code is amended by changing

15 Sections 3-5010.8, 5-41065, and 5-43043 as follows:

16 (55 ILCS 5/3-5010.8)

17 (Section scheduled to be repealed on January 1, 2026)

18 Sec. 3-5010.8. Mechanics lien demand and referral pilot

19 program.

20 (a) Legislative findings. The General Assembly finds that

21 expired mechanics liens on residential property, which cloud

22 title to property, are a rapidly growing problem throughout

23 the State. In order to address the increase in expired

24 mechanics liens and, more specifically, those that have not

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1 been released by the lienholder, a recorder may establish a

2 process to demand and refer mechanics liens that have been

3 recorded but not litigated or released in accordance with the

4 Mechanics Lien Act to an administrative law judge for

5 resolution or demand that the lienholder commence suit or

6 forfeit the lien.

7 (b) Definitions. As used in this Section:

8 "Demand to Commence Suit" means the written demand

9 specified in Section 34 of the Mechanics Lien Act.

10 "Mechanics lien" and "lien" are used interchangeably in

11 this Section.

12 "Notice of Expired Mechanics Lien" means the notice a

13 recorder gives to a property owner under subsection (d)

14 informing the property owner of an expired lien.

15 "Notice of Referral" means the document referring a

16 mechanics lien to a county's code hearing unit.

17 "Recording" and "filing" are used interchangeably in this

18 Section.

19 "Referral" or "refer" means a recorder's referral of a

20 mechanics lien to a county's code hearing unit to obtain a

21 determination as to whether a recorded mechanics lien is

22 valid.

23 "Residential property" means real property improved with

24 not less than one nor more than 4 residential dwelling units; a

25 residential condominium unit, including, but not limited to,

26 the common elements allocated to the exclusive use of the

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1 condominium unit that form an integral part of the condominium

2 unit and any parking unit or units specified by the

3 declaration to be allocated to a specific residential

4 condominium unit; or a single tract of agriculture real estate

5 consisting of 40 acres or less that is improved with a

6 single-family residence. If a declaration of condominium

7 ownership provides for individually owned and transferable

8 parking units, "residential property" does not include the

9 parking unit of a specified residential condominium unit

10 unless the parking unit is included in the legal description

11 of the property against which the mechanics lien is recorded.

12 (c) Establishment of a mechanics lien demand and referral

13 process. After a public hearing, a recorder in a county with a

14 code hearing unit may adopt rules establishing a mechanics

15 lien demand and referral process for residential property. A

16 recorder shall provide public notice 90 days before the public

17 hearing. The notice shall include a statement of the

18 recorder's intent to create a mechanics lien demand and

19 referral process and shall be published in a newspaper of

20 general circulation in the county and, if feasible, be posted

21 on the recorder's website and at the recorder's office or

22 offices.

23 (d) Notice of Expired Lien. If a recorder determines,

24 after review by legal staff or counsel, that a mechanics lien

25 recorded in the grantor's index or the grantee's index is an

26 expired lien, the recorder shall serve a Notice of Expired

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1 Lien by certified mail to the last known address of the owner.

2 The owner or legal representative of the owner of the

3 residential property shall confirm in writing the owner's or

4 legal representative's belief that the lien is not involved in

5 pending litigation and, if there is no pending litigation, as

6 verified and confirmed by county court records, the owner may

7 request that the recorder proceed with a referral or serve a

8 Demand to Commence Suit.

9 For the purposes of this Section, a recorder shall

10 determine if a lien is an expired lien. A lien is expired if a

11 suit to enforce the lien has not been commenced or a

12 counterclaim has not been filed by the lienholder within 2

13 years after the completion date of the contract as specified

14 in the recorded mechanics lien. The 2-year period shall be

15 increased to the extent that an automatic stay under Section

16 362(a) of the United States Bankruptcy Code stays a suit or

17 counterclaim to foreclose the lien. If a work completion date

18 is not specified in the recorded lien, then the work

19 completion date is the date of recording of the mechanics

20 lien.

21 (e) Demand to Commence Suit. Upon receipt of an owner's

22 confirmation that the lien is not involved in pending

23 litigation and a request for the recorder to serve a Demand to

24 Commence Suit, the recorder shall serve a Demand to Commence

25 Suit on the lienholder of the expired lien as provided in

26 Section 34 of the Mechanics Lien Act. A recorder may request

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1 that the Secretary of State assist in providing registered

2 agent information or obtain information from the Secretary of

3 State's registered business database when the recorder seeks

4 to serve a Demand to Commence suit on the lienholder. Upon

5 request, the Secretary of State, or the Secretary of State's

6 designee, shall provide the last known address or registered

7 agent information for a lienholder who is incorporated or

8 doing business in the State. The recorder must record a copy of

9 the Demand to Commence suit in the grantor's index or the

10 grantee's index identifying the mechanics lien and include the

11 corresponding document number and the date of demand. The

12 recorder may, at the recorder's discretion, notify the

13 Secretary of State regarding a Demand to Commence suit

14 determined to involve a company, corporation, or business

15 registered with that office.

16 When the lienholder commences a suit or files an answer

17 within 30 days or the lienholder records a release of lien with

18 the county recorder as required by subsection (a) of Section

19 34 of the Mechanics Lien Act, then the demand and referral

20 process is completed for the recorder for that property. If

21 service under this Section is responded to consistent with

22 Section 34 of the Mechanics Lien Act, the recorder may not

23 proceed under subsection (f). If no response is received

24 consistent with Section 34 of the Mechanics Lien Act, the

25 recorder may proceed under subsection (f).

26 (f) Referral. Upon receipt of an owner's confirmation that

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1 the lien is not involved in pending litigation and a request

2 for the recorder to proceed with a referral, the recorder

3 shall: (i) file the Notice of Referral with the county's code

4 hearing unit; (ii) identify and notify the lienholder by

5 telephone, if available, of the referral and send a copy of the

6 Notice of Referral by certified mail to the lienholder using

7 information included in the recorded mechanics lien or the

8 last known address or registered agent received from the

9 Secretary of State or obtained from the Secretary of State's

10 registered business database; (iii) send a copy of the Notice

11 of Referral by mail to the physical address of the property

12 owner associated with the lien; and (iv) record a copy of the

13 Notice of Referral in the grantor's index or the grantee's

14 index identifying the mechanics lien and include the

15 corresponding document number. The Notice of Referral shall

16 clearly identify the person, persons, or entity believed to be

17 the owner, assignee, successor, or beneficiary of the lien.

18 The recorder may, at the recorder's discretion, notify the

19 Secretary of State regarding a referral determined to involve

20 a company, corporation, or business registered with that

21 office.

22 No earlier than 30 business days after the date the

23 lienholder is required to respond to a Demand to Commence Suit

24 under Section 34 of the Mechanics Lien Act, the code hearing

25 unit shall schedule a hearing to occur at least 30 days after

26 sending notice of the date of hearing. Notice of the hearing

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1 shall be provided by the county recorder, by and through the

2 recorder's representative, to the filer, or the party

3 represented by the filer, of the expired lien, the legal

4 representative of the recorder of deeds who referred the case,

5 and the last owner of record, as identified in the Notice of

6 Referral.

7 If the recorder shows by clear and convincing evidence

8 that the lien in question is an expired lien, the

9 administrative law judge shall rule the lien is forfeited

10 under Section 34.5 of the Mechanics Lien Act and that the lien

11 no longer affects the chain of title of the property in any

12 way. The judgment shall be forwarded to all parties identified

13 in this subsection. Upon receiving judgment of a forfeited

14 lien, the recorder shall, within 5 business days, record a

15 copy of the judgment in the grantor's index or the grantee's

16 index.

17 If the administrative law judge finds the lien is not

18 expired, the recorder shall, no later than 5 business days

19 after receiving notice of the decision of the administrative

20 law judge, record a copy of the judgment in the grantor's index

21 or the grantee's index.

22 A decision by an administrative law judge is reviewable

23 under the Administrative Review Law, and nothing in this

24 Section precludes a property owner or lienholder from

25 proceeding with a civil action to resolve questions concerning

26 a mechanics lien.

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1 A lienholder or property owner may remove the action from

2 the code hearing unit to the circuit court as provided in

3 subsection (i).

4 (g) Final administrative decision. The recorder's decision

5 to refer a mechanics lien or serve a Demand to Commence Suit is

6 a final administrative decision that is subject to review

7 under the Administrative Review Law by the circuit court of

8 the county where the real property is located. The standard of

9 review by the circuit court shall be consistent with the

10 Administrative Review Law.

11 (h) Liability. A recorder and the recorder's employees or

12 agents are not subject to personal liability by reason of any

13 error or omission in the performance of any duty under this

14 Section, except in the case of willful or wanton conduct. The

15 recorder and the recorder's employees or agents are not liable

16 for the decision to refer a lien or serve a Demand to Commence

17 Suit, or failure to refer or serve a Demand to Commence Suit,

18 of a lien under this Section.

19 (i) Private actions; use of demand and referral process.

20 Nothing in this Section precludes a private right of action by

21 any party with an interest in the property affected by the

22 mechanics lien or a decision by the code hearing unit. Nothing

23 in this Section requires a person or entity who may have a

24 mechanics lien recorded against the person's or entity's

25 property to use the mechanics lien demand and referral process

26 created by this Section.

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1 A lienholder or property owner may remove a matter in the

2 referral process to the circuit court at any time prior to the

3 final decision of the administrative law judge by delivering a

4 certified notice of the suit filed in the circuit court to the

5 administrative law judge. Upon receipt of the certified

6 notice, the administrative law judge shall dismiss the matter

7 without prejudice. If the matter is dismissed due to removal,

8 then the demand and referral process is completed for the

9 recorder for that property. If the circuit court dismisses the

10 removed matter without deciding on whether the lien is expired

11 and without prejudice, the recorder may reinstitute the demand

12 and referral process under subsection (d).

13 (j) Repeal. This Section is repealed on January 1, 2027

14 ~~January 1, 2026~~.

15 (Source: P.A. 102-671, eff. 11-30-21; 103-400, eff. 1-1-24;

16 103-563, eff. 11-17-23.)

17 (55 ILCS 5/5-41065)

18 (Section scheduled to be repealed on January 1, 2026)

19 Sec. 5-41065. Mechanics lien demand and referral

20 adjudication.

21 (a) Notwithstanding any other provision in this Division,

22 a county's code hearing unit must adjudicate an expired

23 mechanics lien referred to the unit under Section 3-5010.8.

24 (b) If a county does not have an administrative law judge

25 in its code hearing unit who is familiar with the areas of law

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1 relating to mechanics liens, one may be appointed no later

2 than 3 months after the effective date of this amendatory Act

3 of the 100th General Assembly to adjudicate all referrals

4 concerning mechanics liens under Section 3-5010.8.

5 (c) If an administrative law judge familiar with the areas

6 of law relating to mechanics liens has not been appointed as

7 provided in subsection (b) when a mechanics lien is referred

8 under Section 3-5010.8 to the code hearing unit, the case

9 shall be removed to the proper circuit court with

10 jurisdiction.

11 (d) This Section is repealed on January 1, 2027 ~~January 1,~~

12 ~~2026~~.

13 (Source: P.A. 102-671, eff. 11-30-21; 103-563, eff. 11-17-23.)

14 (55 ILCS 5/5-43043)

15 (Section scheduled to be repealed on January 1, 2026)

16 Sec. 5-43043. Mechanics lien demand and referral

17 adjudication.

18 (a) Notwithstanding any other provision in this Division,

19 a county's code hearing unit must adjudicate an expired

20 mechanics lien referred to the unit under Section 3-5010.8.

21 (b) If a county does not have an administrative law judge

22 in its code hearing unit who is familiar with the areas of law

23 relating to mechanics liens, one may be appointed no later

24 than 3 months after the effective date of this amendatory Act

25 of the 100th General Assembly to adjudicate all referrals

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1 concerning mechanics liens under Section 3-5010.8.

2 (c) If an administrative law judge familiar with the areas

3 of law relating to mechanics liens has not been appointed as

4 provided in subsection (b) when a mechanics lien is referred

5 under Section 3-5010.8 to the code hearing unit, the case

6 shall be removed to the proper circuit court with

7 jurisdiction.

8 (d) This Section is repealed on January 1, 2027 ~~January 1,~~

9 ~~2026~~.

10 (Source: P.A. 102-671, eff. 11-30-21; 103-563, eff. 11-17-23.)

11 Section 1-65. The Park Commissioners Land Sale Act is

12 amended by changing Sections 20 and 25 as follows:

13 (70 ILCS 1235/20)

14 (Section scheduled to be repealed on January 1, 2026)

15 Sec. 20. Elliot Golf Course.

16 (a) Notwithstanding any other provision of law, the

17 Rockford Park District may sell all or part of the property

18 containing the former Elliot Golf Course or other property

19 adjacent thereto if:

20 (1) the board of commissioners of the Rockford Park

21 District authorizes the sale by a vote of 80% or more of

22 all commissioners in office at the time of the vote; and

23 (2) the sale price equals or exceeds the average of 3

24 independent appraisals commissioned by the Rockford Park

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1 District.

2 (b) The sale may be performed in a single transaction or

3 multiple independent transactions and to one or more buyers.

4 (c) The Public Works Department of the City of Rockford

5 shall have the right to review any proposed development plan

6 that is submitted to the Village of Cherry Valley for the

7 properties described in this Section in order to confirm that

8 the proposed development plan does not adversely impact

9 drainage, water detention, or flooding on the property legally

10 described in the perpetual flowage easement recorded as

11 Document Number 9509260 in the Office of the Winnebago County

12 Recorder on March 17, 1995. The Public Works Department of the

13 City of Rockford shall complete its review of any proposed

14 development plan under this subsection (c) within 45 days

15 after its receipt of that plan from the Village of Cherry

16 Valley.

17 (d) This Section is repealed January 1, 2027 ~~January 1,~~

18 ~~2026~~.

19 (Source: P.A. 102-923, eff. 5-27-22; 103-1059, eff. 12-20-24.)

20 (70 ILCS 1235/25)

21 (Section scheduled to be repealed on January 1, 2026)

22 Sec. 25. Sale of Joliet Park District land.

23 (a) Notwithstanding any other provision of law, the Joliet

24 Park District may sell Splash Station if:

25 (1) the board of commissioners of the Joliet Park

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1 District authorizes the sale by a four-fifths vote of the

2 commissioners in office at the time of the vote; and

3 (2) the sale price equals or exceeds the average of 3

4 independent appraisals commissioned by the Joliet Park

5 District.

6 (b) This Section is repealed on January 1, 2027 ~~January 1,~~

7 ~~2026~~.

8 (Source: P.A. 103-499, eff. 8-4-23; 104-10, eff. 6-16-25.)

9 Article 5.

10 Section 5-5. The Statute on Statutes is amended by

11 changing Section 9 as follows:

12 (5 ILCS 70/9)

13 Sec. 9. Stated repeal date; presentation to Governor. If a

14 bill that changes or eliminates the stated repeal date of an

15 Act or an Article or Section of an Act is passed ~~presented to~~

16 ~~the Governor~~ by the General Assembly before or within 7

17 calendar days after the stated repeal date and, after the

18 stated repeal date, either the Governor approves the bill, the

19 General Assembly overrides the Governor's veto of the bill, or

20 the bill becomes law because it is not returned by the Governor

21 within 60 calendar days after it is presented to the Governor,

22 then the Act, Article, or Section shall be deemed to remain in

23 full force and effect from the stated repeal date through the

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1 date the Governor approves the bill, the General Assembly

2 overrides the Governor's veto of the bill, or the bill becomes

3 law because it is not returned by the Governor within 60

4 calendar days after it is presented to the Governor.

5 Any action taken in reliance on the continuous effect of

6 such an Act, Article, or Section by any person or entity is

7 hereby validated.

8 (Source: P.A. 102-687, eff. 12-17-21.)

9 Article 10.

10 Section 10-5. The Election Code is amended by adding

11 Section 1-21.5 and by reenacting and changing Section 1-22 as

12 follows:

13 (10 ILCS 5/1-21.5 new)

14 Sec. 1-21.5. Continuation and validation of Illinois

15 Elections and Infrastructure Integrity Task Force.

16 (a) The General Assembly finds and declares the following:

17 (1) The Illinois Elections and Infrastructure

18 Integrity Task Force was created by Public Act 102-1108,

19 effective December 21, 2022, through the addition of

20 Section 1-22 to this Code.

21 (2) When it was added to this Code by Public Act

22 102-1108, Section 1-22 contained a subsection (d), which

23 provided for the dissolution of the Illinois Elections and

24 Infrastructure Integrity Task Force and the repeal of

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1 Section 1-22 on June 1, 2025.

2 (3) Senate Bill 2456 of the 104th General Assembly

3 included a provision that amended Section 1-22 of the

4 Election Code by extending the date for the dissolution of

5 the Illinois Elections and Infrastructure Integrity Task

6 Force and the repeal of Section 1-22 from June 1, 2025 to

7 June 1, 2026, but Senate Bill 2456 did not become law until

8 June 16, 2025.

9 (4) The Statute on Statutes sets forth general rules

10 on the repeal of statutes, but Section 1 of that Act also

11 states that these rules will not be observed when the

12 result would be "inconsistent with the manifest intent of

13 the General Assembly or repugnant to the context of the

14 statute".

15 (5) The actions of the General Assembly in passing

16 Senate Bill 2456 clearly manifested the intention of the

17 General Assembly to extend the date for the dissolution of

18 the Illinois Elections and Infrastructure Integrity Task

19 Force and the repeal of Section 1-22.

20 (6) Any construction of Section 1-22 that results in

21 the dissolution of the Illinois Elections and

22 Infrastructure Integrity Task Force and the repeal of

23 Section 1-22 on June 1, 2025 would be inconsistent with

24 the manifest intent of the General Assembly.

25 (b) It is hereby declared to be the intent of the General

26 Assembly that Section 1-22 should not be subject to repeal on

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1 June 1, 2025 and that the repeal date of the Illinois Elections

2 and Infrastructure Integrity Task Force and Section 1-22 of

3 this Code should be further extended to July 1, 2027.

4 (c) Section 1-22 of this Code, therefore, shall not be

5 subject to repeal on June 1, 2025 and, instead, shall be deemed

6 to have been in continuous effect since its original effective

7 date and shall remain in effect until it is otherwise lawfully

8 repealed.

9 (d) All actions taken in reliance on or pursuant to

10 Section 1-22 by any officer or agency of State government or

11 any other person or entity are validated.

12 (e) To ensure the continuing effectiveness of the Illinois

13 Elections and Infrastructure Integrity Task Force, Section

14 1-22 is set forth in full and re-enacted by this amendatory Act

15 of the 104th General Assembly. This re-enactment is intended

16 as a continuation of the Illinois Elections and Infrastructure

17 Integrity Task Force and Section 1-22. It is not intended to

18 supersede any amendment to Section 1-22 that is enacted by the

19 General Assembly.

20 (f) In this amendatory Act of the 104th General Assembly,

21 the base text of the reenacted Section is set forth as amended

22 by Public Act 104-10. Striking and underscoring is used only

23 to show additional changes being made to the base text.

24 (g) This amendatory Act of the 104th General Assembly

25 applies to all claims, civil actions, and proceedings pending

26 on or filed on, before, or after the effective date of this

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1 amendatory Act.

2 (10 ILCS 5/1-22)

3 Sec. 1-22. The Illinois Elections and Infrastructure

4 Integrity Task Force.

5 (a) The Illinois Elections and Infrastructure Integrity

6 Task Force is created. The Task Force shall consist of the

7 following members:

8 (1) 4 members appointed one each by the Speaker of the

9 House of Representatives, the Minority Leader of the House

10 of Representatives, the President of the Senate, and the

11 Minority Leader of the Senate;

12 (2) one member with subject matter expertise regarding

13 cybersecurity, appointed by the Minority Leader of the

14 House of Representatives;

15 (3) one member with subject matter expertise regarding

16 voting technology or election integrity, appointed by the

17 Speaker of the House;

18 (4) one member who is an individual with current

19 experience in operational cybersecurity, preferably

20 international operational cybersecurity, appointed by the

21 President of the Senate;

22 (5) one county clerk, appointed by the Minority Leader

23 of the Senate;

24 (6) the Chair of the Board of Election Commissioners

25 for the City of Chicago or the Chair's designee;

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1 (7) the county clerk of Cook County;

2 (8) one election administrator, appointed by the

3 Governor;

4 (9) the Executive Director of the State Board of

5 Elections or the Executive Director's designee;

6 (10) the Secretary of State or the Secretary's

7 designee;

8 (11) the Director of the Illinois Emergency Management

9 Agency or the Director's designee;

10 (12) the Secretary of Innovation and Technology or the

11 Secretary's designee; and

12 (13) the Attorney General or the Attorney General's

13 designee.

14 (b) The Task Force shall evaluate and make recommendations

15 to prepare for and prevent foreign interference in elections

16 in advance of the 2024 election and all future elections in the

17 State and to prepare for and prevent potential cyberattacks on

18 State infrastructure. In carrying out its duties, the Task

19 Force shall prioritize the security of all Illinois residents

20 and cooperation with other states and with law enforcement to

21 protect United States national sovereignty. The Task Force

22 shall submit a report containing its findings and

23 recommendations to the Governor and the General Assembly not

24 later than January 1, 2024. The Task Force shall also submit a

25 report evaluating the 2024 election to the Governor and the

26 General Assembly not later than March 1, 2025.

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1 (c) The State Board of Elections shall provide staff and

2 administrative support to the Task Force.

3 (d) The Task Force is dissolved, and this Section is

4 repealed, on July 1, 2027 ~~June 1, 2026~~.

5 (Source: P.A. 102-1108, eff. 12-21-22; 104-10, eff. 6-16-25.)

6 Article 15.

7 Section 15-5. The Criminal Code of 2012 is amended by

8 reenacting and changing Article 33G as follows:

9 (720 ILCS 5/Art. 33G heading)

10 ARTICLE 33G. ILLINOIS STREET GANG

11 AND RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS LAW

12 (Source: P.A. 97-686, eff. 6-11-12.)

13 (720 ILCS 5/33G-1)

14 Sec. 33G-1. Short title. This Article may be cited as the

15 Illinois Street Gang and Racketeer Influenced and Corrupt

16 Organizations Law (or "RICO").

17 (Source: P.A. 97-686, eff. 6-11-12.)

18 (720 ILCS 5/33G-2)

19 Sec. 33G-2. Legislative declaration. The substantial harm

20 inflicted on the people and economy of this State by pervasive

21 violent street gangs and other forms of enterprise

22 criminality, is legitimately a matter of grave concern to the

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1 people of this State who have a basic right to be protected

2 from that criminal activity and to be given adequate remedies

3 to redress its harms. Whereas the current laws of this State

4 provide inadequate remedies, procedures and punishments, the

5 Illinois General Assembly hereby gives the supplemental

6 remedies of the Illinois Street Gang and Racketeer Influenced

7 and Corrupt Organizations Law full force and effect under law

8 for the common good of this State and its people.

9 (Source: P.A. 97-686, eff. 6-11-12.)

10 (720 ILCS 5/33G-3)

11 Sec. 33G-3. Definitions. As used in this Article:

12 (a) "Another state" means any State of the United States

13 (other than the State of Illinois), or the District of

14 Columbia, or the Commonwealth of Puerto Rico, or any territory

15 or possession of the United States, or any political

16 subdivision, or any department, agency, or instrumentality

17 thereof.

18 (b) "Enterprise" includes:

19 (1) any partnership, corporation, association,

20 business or charitable trust, or other legal entity; and

21 (2) any group of individuals or other legal entities,

22 or any combination thereof, associated in fact although

23 not itself a legal entity. An association in fact must be

24 held together by a common purpose of engaging in a course

25 of conduct, and it may be associated together for purposes

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1 that are both legal and illegal. An association in fact

2 must:

3 (A) have an ongoing organization or structure,

4 either formal or informal;

5 (B) the various members of the group must function

6 as a continuing unit, even if the group changes

7 membership by gaining or losing members over time; and

8 (C) have an ascertainable structure distinct from

9 that inherent in the conduct of a pattern of predicate

10 activity.

11 As used in this Article, "enterprise" includes licit and

12 illicit enterprises.

13 (c) "Labor organization" includes any organization, labor

14 union, craft union, or any voluntary unincorporated

15 association designed to further the cause of the rights of

16 union labor that is constituted for the purpose, in whole or in

17 part, of collective bargaining or of dealing with employers

18 concerning grievances, terms or conditions of employment, or

19 apprenticeships or applications for apprenticeships, or of

20 other mutual aid or protection in connection with employment,

21 including apprenticeships or applications for apprenticeships.

22 (d) "Operation or management" means directing or carrying

23 out the enterprise's affairs and is limited to any person who

24 knowingly serves as a leader, organizer, operator, manager,

25 director, supervisor, financier, advisor, recruiter, supplier,

26 or enforcer of an enterprise in violation of this Article.

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1 (e) "Predicate activity" means any act that is a Class 2

2 felony or higher and constitutes a violation or violations of

3 any of the following provisions of the laws of the State of

4 Illinois (as amended or revised as of the date the activity

5 occurred or, in the instance of a continuing offense, the date

6 that charges under this Article are filed in a particular

7 matter in the State of Illinois) or any act under the law of

8 another jurisdiction for an offense that could be charged as a

9 Class 2 felony or higher in this State:

10 (1) under the Criminal Code of 1961 or the Criminal

11 Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1

12 (first degree murder), 9-3.3 (drug-induced homicide), 10-1

13 (kidnapping), 10-2 (aggravated kidnapping), 10-3.1

14 (aggravated unlawful restraint), 10-4 (forcible

15 detention), 10-5(b)(10) (child abduction), 10-9

16 (trafficking in persons, involuntary servitude, and

17 related offenses), 11-1.20 (criminal sexual assault),

18 11-1.30 (aggravated criminal sexual assault), 11-1.40

19 (predatory criminal sexual assault of a child), 11-1.60

20 (aggravated criminal sexual abuse), 11-6 (indecent

21 solicitation of a child), 11-6.5 (indecent solicitation of

22 an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting

23 prostitution), 11-14.4 (promoting commercial sexual

24 exploitation of a child), 11-18.1 (patronizing a sexually

25 exploited child; patronizing a sexually exploited child),

26 12-3.05 (aggravated battery), 12-6.4 (criminal street gang

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1 recruitment), 12-6.5 (compelling organization membership

2 of persons), 12-7.3 (stalking), 12-7.4 (aggravated

3 stalking), 12-7.5 (cyberstalking), 12-11 or 19-6 (home

4 invasion), 12-11.1 or 18-6 (vehicular invasion), 18-1

5 (robbery; aggravated robbery), 18-2 (armed robbery), 18-3

6 (vehicular hijacking), 18-4 (aggravated vehicular

7 hijacking), 18-5 (aggravated robbery), 19-1 (burglary),

8 19-3 (residential burglary), 20-1 (arson; residential

9 arson; place of worship arson), 20-1.1 (aggravated arson),

10 20-1.2 (residential arson), 20-1.3 (place of worship

11 arson), 24-1.2 (aggravated discharge of a firearm),

12 24-1.2-5 (aggravated discharge of a machine gun or

13 silencer equipped firearm), 24-1.8 (unlawful possession of

14 a firearm by a street gang member), 24-3.2 (unlawful

15 discharge of firearm projectiles), 24-3.9 (aggravated

16 possession of a stolen firearm), 24-3A (gunrunning), 26-5

17 or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15

18 (soliciting support for terrorism), 29D-15.1 (causing a

19 catastrophe), 29D-15.2 (possession of a deadly substance),

20 29D-20 (making a terrorist threat), 29D-25 (falsely making

21 a terrorist threat), 29D-29.9 (material support for

22 terrorism), 29D-35 (hindering prosecution of terrorism),

23 31A-1.2 (unauthorized contraband in a penal institution),

24 or 33A-3 (armed violence);

25 (2) under the Cannabis Control Act: Sections 5

26 (manufacture or delivery of cannabis), 5.1 (cannabis

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1 trafficking), or 8 (production or possession of cannabis

2 plants), provided the offense either involves more than

3 500 grams of any substance containing cannabis or involves

4 more than 50 cannabis sativa plants;

5 (3) under the Illinois Controlled Substances Act:

6 Sections 401 (manufacture or delivery of a controlled

7 substance), 401.1 (controlled substance trafficking), 405

8 (calculated criminal drug conspiracy), or 405.2 (street

9 gang criminal drug conspiracy); or

10 (4) under the Methamphetamine Control and Community

11 Protection Act: Sections 15 (methamphetamine

12 manufacturing), or 55 (methamphetamine delivery).

13 (f) "Pattern of predicate activity" means:

14 (1) at least 3 occurrences of predicate activity that

15 are in some way related to each other and that have

16 continuity between them, and that are separate acts. Acts

17 are related to each other if they are not isolated events,

18 including if they have similar purposes, or results, or

19 participants, or victims, or are committed a similar way,

20 or have other similar distinguishing characteristics, or

21 are part of the affairs of the same enterprise. There is

22 continuity between acts if they are ongoing over a

23 substantial period, or if they are part of the regular way

24 some entity does business or conducts its affairs; and

25 (2) which occurs after the effective date of this

26 Article, and the last of which falls within 3 years

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1 (excluding any period of imprisonment) after the first

2 occurrence of predicate activity.

3 (g) "Unlawful death" includes the following offenses:

4 under the Code of 1961 or the Criminal Code of 2012: Sections

5 9-1 (first degree murder) or 9-2 (second degree murder).

6 (Source: P.A. 103-1071, eff. 7-1-25.)

7 (720 ILCS 5/33G-4)

8 Sec. 33G-4. Prohibited activities.

9 (a) It is unlawful for any person, who intentionally

10 participates in the operation or management of an enterprise,

11 directly or indirectly, to:

12 (1) knowingly do so, directly or indirectly, through a

13 pattern of predicate activity;

14 (2) knowingly cause another to violate this Article;

15 or

16 (3) knowingly conspire to violate this Article.

17 Notwithstanding any other provision of law, in any

18 prosecution for a conspiracy to violate this Article, no

19 person may be convicted of that conspiracy unless an overt act

20 in furtherance of the agreement is alleged and proved to have

21 been committed by him, her, or by a coconspirator, but the

22 commission of the overt act need not itself constitute

23 predicate activity underlying the specific violation of this

24 Article.

25 (b) It is unlawful for any person knowingly to acquire or

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1 maintain, directly or indirectly, through a pattern of

2 predicate activity any interest in, or control of, to any

3 degree, any enterprise, real property, or personal property of

4 any character, including money.

5 (c) Nothing in this Article shall be construed as to make

6 unlawful any activity which is arguably protected or

7 prohibited by the National Labor Relations Act, the Illinois

8 Educational Labor Relations Act, the Illinois Public Labor

9 Relations Act, or the Railway Labor Act.

10 (d) The following organizations, and any officer or agent

11 of those organizations acting in his or her official capacity

12 as an officer or agent, may not be sued in civil actions under

13 this Article:

14 (1) a labor organization; or

15 (2) any business defined in Division D, E, F, G, H, or

16 I of the Standard Industrial Classification as established

17 by the Occupational Safety and Health Administration, U.S.

18 Department of Labor.

19 (e) Any person prosecuted under this Article may be

20 convicted and sentenced either:

21 (1) for the offense of conspiring to violate this

22 Article, and for any other particular offense or offenses

23 that may be one of the objects of a conspiracy to violate

24 this Article; or

25 (2) for the offense of violating this Article, and for

26 any other particular offense or offenses that may

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1 constitute predicate activity underlying a violation of

2 this Article.

3 (f) The State's Attorney, or a person designated by law to

4 act for him or her and to perform his or her duties during his

5 or her absence or disability, may authorize a criminal

6 prosecution under this Article. Prior to any State's Attorney

7 authorizing a criminal prosecution under this Article, the

8 State's Attorney shall adopt rules and procedures governing

9 the investigation and prosecution of any offense enumerated in

10 this Article. These rules and procedures shall set forth

11 guidelines which require that any potential prosecution under

12 this Article be subject to an internal approval process in

13 which it is determined, in a written prosecution memorandum

14 prepared by the State's Attorney's Office, that (1) a

15 prosecution under this Article is necessary to ensure that the

16 indictment adequately reflects the nature and extent of the

17 criminal conduct involved in a way that prosecution only on

18 the underlying predicate activity would not, and (2) a

19 prosecution under this Article would provide the basis for an

20 appropriate sentence under all the circumstances of the case

21 in a way that a prosecution only on the underlying predicate

22 activity would not. No State's Attorney, or person designated

23 by law to act for him or her and to perform his or her duties

24 during his or her absence or disability, may authorize a

25 criminal prosecution under this Article prior to reviewing the

26 prepared written prosecution memorandum. However, any internal

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1 memorandum shall remain protected from disclosure under the

2 attorney-client privilege, and this provision does not create

3 any enforceable right on behalf of any defendant or party, nor

4 does it subject the exercise of prosecutorial discretion to

5 judicial review.

6 (g) A labor organization and any officer or agent of that

7 organization acting in his or her capacity as an officer or

8 agent of the labor organization are exempt from prosecution

9 under this Article.

10 (Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.)

11 (720 ILCS 5/33G-5)

12 Sec. 33G-5. Penalties. Under this Article, notwithstanding

13 any other provision of law:

14 (a) Any violation of subsection (a) of Section 33G-4 of

15 this Article shall be sentenced as a Class X felony with a term

16 of imprisonment of not less than 7 years and not more than 30

17 years, or the sentence applicable to the underlying predicate

18 activity, whichever is higher, and the sentence imposed shall

19 also include restitution, and/or a criminal fine, jointly and

20 severally, up to $250,000 or twice the gross amount of any

21 intended proceeds of the violation, if any, whichever is

22 higher.

23 (b) Any violation of subsection (b) of Section 33G-4 of

24 this Article shall be sentenced as a Class X felony, and the

25 sentence imposed shall also include restitution, and/or a

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1 criminal fine, jointly and severally, up to $250,000 or twice

2 the gross amount of any intended proceeds of the violation, if

3 any, whichever is higher.

4 (c) Wherever the unlawful death of any person or persons

5 results as a necessary or natural consequence of any violation

6 of this Article, the sentence imposed on the defendant shall

7 include an enhanced term of imprisonment of at least 25 years

8 up to natural life, in addition to any other penalty imposed by

9 the court, provided:

10 (1) the death or deaths were reasonably foreseeable to

11 the defendant to be sentenced; and

12 (2) the death or deaths occurred when the defendant

13 was otherwise engaged in the violation of this Article as

14 a whole.

15 (d) A sentence of probation, periodic imprisonment,

16 conditional discharge, impact incarceration or county impact

17 incarceration, court supervision, withheld adjudication, or

18 any pretrial diversionary sentence or suspended sentence, is

19 not authorized for a violation of this Article.

20 (Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.)

21 (720 ILCS 5/33G-6)

22 Sec. 33G-6. Remedial proceedings, procedures, and

23 forfeiture.

24 (a) Under this Article, the circuit court shall have

25 jurisdiction to prevent and restrain violations of this

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1 Article by issuing appropriate orders, including:

2 (1) ordering any person to disgorge illicit proceeds

3 obtained by a violation of this Article or divest himself

4 or herself of any interest, direct or indirect, in any

5 enterprise or real or personal property of any character,

6 including money, obtained, directly or indirectly, by a

7 violation of this Article;

8 (2) imposing reasonable restrictions on the future

9 activities or investments of any person or enterprise,

10 including prohibiting any person or enterprise from

11 engaging in the same type of endeavor as the person or

12 enterprise engaged in, that violated this Article; or

13 (3) ordering dissolution or reorganization of any

14 enterprise, making due provision for the rights of

15 innocent persons.

16 (b) Any violation of this Article is subject to the

17 remedies, procedures, and forfeiture as set forth in Article

18 29B of this Code.

19 (c) Property seized or forfeited under this Article is

20 subject to reporting under the Seizure and Forfeiture

21 Reporting Act.

22 (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;

23 101-81, eff. 7-12-19.)

24 (720 ILCS 5/33G-7)

25 Sec. 33G-7. Construction. In interpreting the provisions

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1 of this Article, the court shall construe them in light of the

2 applicable model jury instructions set forth in the Federal

3 Criminal Jury Instructions for the Seventh Circuit (1999) for

4 Title IX of Public Law 91-452, 84 Stat. 922 (as amended in

5 Title 18, United States Code, Sections 1961 through 1968),

6 except to the extent that they are inconsistent with the plain

7 language of this Article.

8 (Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.)

9 (720 ILCS 5/33G-8)

10 Sec. 33G-8. Limitations. Under this Article,

11 notwithstanding any other provision of law, but otherwise

12 subject to the periods of exclusion from limitation as

13 provided in Section 3-7 of this Code, the following

14 limitations apply:

15 (a) Any action, proceeding, or prosecution brought under

16 this Article must commence within 5 years of one of the

17 following dates, whichever is latest:

18 (1) the date of the commission of the last occurrence

19 of predicate activity in a pattern of that activity, in

20 the form of an act underlying the alleged violation of

21 this Article; or

22 (2) in the case of an action, proceeding, or

23 prosecution, based upon a conspiracy to violate this

24 Article, the date that the last objective of the alleged

25 conspiracy was accomplished, defeated or abandoned

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1 (whichever is later); or

2 (3) the date any minor victim of the violation attains

3 the age of 18 years or the date any victim of the violation

4 subject to a legal disability thereafter gains legal

5 capacity.

6 (b) Any action, proceeding, or prosecution brought under

7 this Article may be commenced at any time against all

8 defendants if the conduct of any defendant, or any part of the

9 overall violation, resulted in the unlawful death of any

10 person or persons.

11 (Source: P.A. 97-686, eff. 6-11-12.)

12 (720 ILCS 5/33G-9)

13 Sec. 33G-9. Repeal. This Article is repealed on July ~~June~~

14 1, 2027.

15 (Source: P.A. 102-918, eff. 5-27-22; 103-4, eff. 5-31-23;

16 104-10, eff. 6-16-25.)

17 (720 ILCS 5/33G-10 new)

18 Sec. 33G-10. Continuation and validation of Illinois

19 Street Gang and Racketeer Influenced and Corrupt Organizations

20 Law.

21 (a) The General Assembly finds and declares the following:

22 (1) When Article 33G was added to this Code by Public

23 Act 97-686, it contained a Section 33G-9, which specified

24 that Article 33G was repealed 5 years after June 11, 2012,

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1 the effective date of Public Act 97-686.

2 (2) As a result of several subsequent enactments,

3 including Public Act 103-4, the repeal date of Article 33G

4 was extended to June 1, 2025.

5 (3) Senate Bill 2456 of the 104th General Assembly

6 included a provision that further extended the repeal date

7 of Article 33G from June 1, 2025 to June 1, 2027, but

8 Senate Bill 2456 did not become law until June 16, 2025.

9 (4) The Statute on Statutes sets forth general rules

10 on the repeal of statutes, but Section 1 of that Act also

11 states that these rules will not be observed when the

12 result would be "inconsistent with the manifest intent of

13 the General Assembly or repugnant to the context of the

14 statute".

15 (5) The actions of the General Assembly in passing

16 Senate Bill 2456 clearly manifested the intention of the

17 General Assembly to extend the date for the repeal of

18 Article 33G of this Code.

19 (6) Any construction of Section 33G-9 that results in

20 the repeal of Article 33G of this Code on June 1, 2025

21 would be inconsistent with the manifest intent of the

22 General Assembly.

23 (b) It is hereby declared to be the intent of the General

24 Assembly that Article 33G of this Code should not be subject to

25 repeal on June 1, 2025 and that the repeal date of Article 33G

26 of this Code should be further extended to July 1, 2027.

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1 (c) Article 33G, therefore, shall not be subject to repeal

2 on June 1, 2025 and, instead, shall be deemed to have been in

3 continuous effect since its original effective date and shall

4 remain in effect until it is otherwise lawfully repealed.

5 (d) All actions taken in reliance on or pursuant to

6 Article 33G by any officer or agency of State government or any

7 other person or entity are validated.

8 (e) To ensure the continuing effectiveness of Article 33G

9 of this Code, Article 33G is set forth in full and re-enacted

10 by this amendatory Act of the 104th General Assembly. This

11 re-enactment is intended as a continuation of Article 33G. It

12 is not intended to supersede any amendment to Article 33G that

13 is enacted by the General Assembly.

14 (f) In this amendatory Act of the 104th General Assembly,

15 the base text of the reenacted Section is set forth as amended

16 by Public Act 104-10. Striking and underscoring is used only

17 to show additional changes being made to the base text.

18 (g) This amendatory Act of the 104th General Assembly

19 applies to all claims, civil actions, and proceedings pending

20 on or filed on, before, or after the effective date of this

21 amendatory Act.

22 Article 20.

23 Section 20-5. The Eminent Domain Act is amended by adding

24 Section 25-5-104.5 and by reenacting and changing Section

25 25-5-105 as follows:

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1 (735 ILCS 30/25-5-104.5 new)

2 Sec. 25-5-104.5. Continuation and validation of quick-take

3 powers; Menard County; Athens Blacktop.

4 (a) The General Assembly finds and declares the following:

5 (1) When Section 25-5-105 was added to this Act by

6 Public Act 103-3, it contained a provision that called for

7 Section 25-5-105 to be repealed May 31, 2023, which was 2

8 years after the effective date of Public Act 103-3.

9 (2) As a result of the enactment of Public Act

10 103-605, the repeal date of Section 25-5-105 was extended

11 to May 31, 2025.

12 (3) Senate Bill 2456 of the 104th General Assembly

13 included a provision that further extended the repeal date

14 of Section 25-5-105 from May 31, 2025 to May 31, 2026, but

15 Senate Bill 2456 did not become law until June 16, 2025.

16 (4) The Statute on Statutes sets forth general rules

17 on the repeal of statutes, but Section 1 of that Act also

18 states that these rules will not be observed when the

19 result would be "inconsistent with the manifest intent of

20 the General Assembly or repugnant to the context of the

21 statute".

22 (5) The actions of the General Assembly in passing

23 Senate Bill 2456 clearly manifested the intention of the

24 General Assembly to extend the date for the repeal of

25 Section 25-5-105.

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1 (6) Any construction of Section 25-5-105 that results

2 in the repeal of Section 25-5-105 on May 31, 2025 would be

3 inconsistent with the manifest intent of the General

4 Assembly.

5 (b) It is hereby declared to be the intent of the General

6 Assembly that Section 25-5-105 should not be subject to repeal

7 on May 31, 2025 and that the repeal date of Section 25-5-105

8 should be further extended to July 1, 2027.

9 (c) Section 25-5-105 of this Act, therefore, shall not be

10 subject to repeal on May 31, 2025 and, instead, shall be deemed

11 to have been in continuous effect since its original effective

12 date and shall remain in effect until it is otherwise lawfully

13 repealed.

14 (d) All actions taken in reliance on or pursuant to

15 Section 25-5-105 by any officer or agency of State government

16 or any other person or entity are validated.

17 (e) To ensure the continuing effectiveness of Section

18 25-5-105, Section 25-5-105 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 Section

21 25-5-105. It is not intended to supersede any amendment to

22 Section 25-5-105 that 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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LRB104 08139 SPS 29330 a

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 (735 ILCS 30/25-5-105)

6 Sec. 25-5-105. Quick-take; Menard County; Athens Blacktop.

7 (a) Quick-take proceedings under Article 20 may be used

8 for a period of one year after May 31, 2025 (2 years after the

9 effective date of Public Act 103-3) by Menard County for the

10 acquisition of the following described property for the

11 purpose of reconstructing the Athens Blacktop corridor.

12 Route: FAS 574/Athens Blacktop Road

13 County: Menard

14 Parcel No.: D-18

15 P.I.N. No.: 12-28-400-006

16 Section: 09-00056-05-EG

17 Station: RT 181+94.77

18 Station: RT 188+48.97

19 A part of the Southeast Quarter of Section 28,

20 Township 18 North, Range 6 West of the Third Principal

21 Meridian, described as follows:

22 Commencing at the Northeast corner of the Southeast

23 Quarter of said Section 28; thence South 89 degrees 42

24 minutes 06 seconds West along the north line of the

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1 Southeast Quarter of said Section 28, a distance of 669.81

2 feet to the northeast parcel corner and the point of

3 beginning; thence South 02 degrees 24 minutes 13 seconds

4 East along the east parcel line, 80.48 feet; thence South

5 72 degrees 55 minutes 03 seconds West, 103.39 feet; thence

6 South 89 degrees 43 minutes 40 seconds West, 150.00 feet;

7 thence North 86 degrees 08 minutes 49 seconds West, 405.10

8 feet to the west parcel line; thence North 01 degree 06

9 minutes 28 seconds West along said line, 80.89 feet to the

10 north line of the Southeast Quarter of said Section 28;

11 thence North 89 degrees 42 minutes 06 seconds East along

12 said line, 651.20 feet to the point of beginning,

13 containing 0.860 acres, more or less of new right of way

14 and 0.621 acres, more or less of existing right of way.

15 Route: FAS 574/Athens Blacktop Road

16 County: Menard

17 Parcel No.: D-19

18 P.I.N. No.: 12-28-400-007

19 Section: 09-00056-05-EG

20 Station: RT 188+46.59

21 Station: RT 191+17.37

22 A part of the Southeast Quarter of Section 28,

23 Township 18 North, Range 6 West of the Third Principal

24 Meridian, described as follows:

25 Commencing at the Northeast corner of the Southeast

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1 Quarter of said Section 28; thence South 89 degrees 42

2 minutes 06 seconds West along the north line of the

3 Southeast Quarter of said Section 28, a distance of 399.89

4 feet to the northeast parcel corner and the point of

5 beginning; thence South 01 degree 10 minutes 54 seconds

6 East along the east parcel line, 92.67 feet; thence South

7 80 degrees 35 minutes 32 seconds West, 17.59 feet; thence

8 South 89 degrees 43 minutes 40 seconds West, 75.00 feet;

9 thence North 00 degrees 16 minutes 20 seconds West, 45.45

10 feet to the existing southerly right of way line of Athens

11 Blacktop Road (FAS 574); thence South 89 degrees 42

12 minutes 25 seconds West along said line, 75.00 feet;

13 thence South 72 degrees 55 minutes 03 seconds West, 105.54

14 feet to the west parcel line; thence North 02 degrees 24

15 minutes 13 seconds West along said line, 80.48 feet to the

16 north line of the Southeast Quarter of said Section 28;

17 thence North 89 degrees 42 minutes 06 seconds East along

18 said line, 269.92 feet to the point of beginning,

19 containing 0.137 acres, more or less of new right of way

20 and 0.303 acres, more or less of existing right of way.

21 (b) This Section is repealed July 1, 2027 ~~May 31, 2026 (3~~

22 ~~years after the effective date of Public Act 103-3)~~.

23 (Source: P.A. 103-3, eff. 5-31-23; 103-605, eff. 7-1-24;

24 104-10, eff. 6-16-25)

25 Article 25.

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1 Section 25-5. The Election Code is amended by changing

2 Section 10-6 as follows:

3 (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)

4 Sec. 10-6. Time and manner of filing. Except as otherwise

5 provided in this Code, certificates of nomination and

6 nomination papers for the nomination of candidates for offices

7 to be filled by electors of the entire State, or any district

8 not entirely within a county, or for congressional, state

9 legislative or judicial offices, shall be presented to the

10 principal office of the State Board of Elections not more than

11 169 nor less than 162 days previous to the day of election for

12 which the candidates are nominated. The State Board of

13 Elections shall endorse the certificates of nomination or

14 nomination papers, as the case may be, and the date and hour of

15 presentment to it. Except as otherwise provided in this Code,

16 all other certificates for the nomination of candidates shall

17 be filed with the county clerk of the respective counties not

18 more than 169 but at least 162 days previous to the day of such

19 election. Certificates of nomination and nomination papers for

20 the nomination of candidates for school district offices to be

21 filled at consolidated elections shall be filed with the

22 county clerk or county board of election commissioners of the

23 county in which the principal office of the school district is

24 located not more than 141 nor less than 134 days before the

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1 consolidated election. Except as otherwise provided in this

2 Code, certificates of nomination and nomination papers for the

3 nomination of candidates for the other offices of political

4 subdivisions to be filled at regular elections other than the

5 general election shall be filed with the local election

6 official of such subdivision:

7 (1) (blank);

8 (2) not more than 141 nor less than 134 days prior to

9 the consolidated election; or

10 (3) not more than 141 nor less than 134 days prior to

11 the general primary in the case of municipal offices to be

12 filled at the general primary election; or

13 (4) not more than 127 nor less than 120 days before the

14 consolidated primary in the case of municipal offices to

15 be elected on a nonpartisan basis pursuant to law

16 (including, without limitation, those municipal offices

17 subject to Articles 4 and 5 of the Municipal Code); or

18 (5) not more than 141 nor less than 134 days before the

19 municipal primary in even numbered years for such

20 nonpartisan municipal offices where annual elections are

21 provided; or

22 (6) in the case of petitions for the office of

23 multi-township assessor, such petitions shall be filed

24 with the election authority not more than 141 ~~113~~ nor less

25 than 134 days before the consolidated election.

26 However, where a political subdivision's boundaries are

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1 co-extensive with or are entirely within the jurisdiction of a

2 municipal board of election commissioners, the certificates of

3 nomination and nomination papers for candidates for such

4 political subdivision offices shall be filed in the office of

5 such Board.

6 (Source: P.A. 102-15, eff. 6-17-21; 103-600, eff. 7-1-24.)

7 Section 25-10. The Illinois Municipal Code is amended by

8 changing Section 3.1-10-50 as follows:

9 (65 ILCS 5/3.1-10-50)

10 Sec. 3.1-10-50. Events upon which an elective office

11 becomes vacant in municipality with population under 500,000.

12 (a) Vacancy by resignation. A resignation is not effective

13 unless it is in writing, signed by the person holding the

14 elective office, and notarized.

15 (1) Unconditional resignation. An unconditional

16 resignation by a person holding the elective office may

17 specify a future date, not later than 60 days after the

18 date the resignation is received by the officer authorized

19 to fill the vacancy, at which time it becomes operative,

20 but the resignation may not be withdrawn after it is

21 received by the officer authorized to fill the vacancy.

22 The effective date of a resignation that does not specify

23 a future date at which it becomes operative is the date the

24 resignation is received by the officer authorized to fill

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1 the vacancy. The effective date of a resignation that has

2 a specified future effective date is that specified future

3 date or the date the resignation is received by the

4 officer authorized to fill the vacancy, whichever date

5 occurs later.

6 (2) Conditional resignation. A resignation that does

7 not become effective unless a specified event occurs can

8 be withdrawn at any time prior to the occurrence of the

9 specified event, but if not withdrawn, the effective date

10 of the resignation is the date of the occurrence of the

11 specified event or the date the resignation is received by

12 the officer authorized to fill the vacancy, whichever date

13 occurs later.

14 (3) Vacancy upon the effective date. For the purpose

15 of determining the time period that would require an

16 election to fill the vacancy by resignation or the

17 commencement of the 60-day time period referred to in

18 subsection (e), the resignation of an elected officer is

19 deemed to have created a vacancy as of the effective date

20 of the resignation.

21 (4) Duty of the clerk. If a resignation is delivered

22 to the clerk of the municipality, the clerk shall forward

23 a certified copy of the written resignation to the

24 official who is authorized to fill the vacancy within 7

25 business days after receipt of the resignation.

26 (b) Vacancy by death or disability. A vacancy occurs in an

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1 office by reason of the death of the incumbent. The date of the

2 death may be established by the date shown on the death

3 certificate. A vacancy occurs in an office by permanent

4 physical or mental disability rendering the person incapable

5 of performing the duties of the office. The corporate

6 authorities have the authority to make the determination

7 whether an officer is incapable of performing the duties of

8 the office because of a permanent physical or mental

9 disability. A finding of mental disability shall not be made

10 prior to the appointment by a court of a guardian ad litem for

11 the officer or until a duly licensed doctor certifies, in

12 writing, that the officer is mentally impaired to the extent

13 that the officer is unable to effectively perform the duties

14 of the office. If the corporate authorities find that an

15 officer is incapable of performing the duties of the office

16 due to permanent physical or mental disability, that person is

17 removed from the office and the vacancy of the office occurs on

18 the date of the determination.

19 (c) Vacancy by other causes.

20 (1) Abandonment and other causes. A vacancy occurs in

21 an office by reason of abandonment of office; removal from

22 office; or failure to qualify; or more than temporary

23 removal of residence from the municipality; or in the case

24 of an alderperson of a ward or councilman or trustee of a

25 district, more than temporary removal of residence from

26 the ward or district, as the case may be. The corporate

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1 authorities have the authority to determine whether a

2 vacancy under this subsection has occurred. If the

3 corporate authorities determine that a vacancy exists, the

4 office is deemed vacant as of the date of that

5 determination for all purposes including the calculation

6 under subsections (e), (f), and (g).

7 (2) Guilty of a criminal offense. An admission of

8 guilt of a criminal offense that upon conviction would

9 disqualify the municipal officer from holding the office,

10 in the form of a written agreement with State or federal

11 prosecutors to plead guilty to a felony, bribery, perjury,

12 or other infamous crime under State or federal law,

13 constitutes a resignation from that office, effective on

14 the date the plea agreement is made. For purposes of this

15 Section, a conviction for an offense that disqualifies a

16 municipal officer from holding that office occurs on the

17 date of the return of a guilty verdict or, in the case of a

18 trial by the court, on the entry of a finding of guilt.

19 (3) Election declared void. A vacancy occurs on the

20 date of the decision of a competent tribunal declaring the

21 election of the officer void.

22 (4) Owing a debt to the municipality. A vacancy occurs

23 if a municipal official fails to pay a debt to a

24 municipality in which the official has been elected or

25 appointed to an elected position subject to the following:

26 (A) Before a vacancy may occur under this

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1 paragraph (4), the municipal clerk shall deliver, by

2 personal service, a written notice to the municipal

3 official that (i) the municipal official is in arrears

4 of a debt to the municipality, (ii) that municipal

5 official must either pay or contest the debt within 30

6 days after receipt of the notice or the municipal

7 official will be disqualified and his or her office

8 vacated, and (iii) if the municipal official chooses

9 to contest the debt, the municipal official must

10 provide written notice to the municipal clerk of the

11 contesting of the debt. A copy of the notice, and the

12 notice to contest, shall also be mailed by the

13 municipal clerk to the appointed municipal attorney by

14 certified mail. If the municipal clerk is the

15 municipal official indebted to the municipality, the

16 mayor or president of the municipality shall assume

17 the duties of the municipal clerk required under this

18 paragraph (4).

19 (B) In the event that the municipal official

20 chooses to contest the debt, a hearing shall be held

21 within 30 days of the municipal clerk's receipt of the

22 written notice of contest from the municipal official.

23 An appointed municipal hearing officer shall preside

24 over the hearing, and shall hear testimony and accept

25 evidence relevant to the existence of the debt owed by

26 the municipal officer to the municipality.

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1 (C) Upon the conclusion of the hearing, the

2 hearing officer shall make a determination on the

3 basis of the evidence presented as to whether or not

4 the municipal official is in arrears of a debt to the

5 municipality. The determination shall be in writing

6 and shall be designated as findings, decision, and

7 order. The findings, decision, and order shall

8 include: (i) the hearing officer's findings of fact;

9 (ii) a decision of whether or not the municipal

10 official is in arrears of a debt to the municipality

11 based upon the findings of fact; and (iii) an order

12 that either directs the municipal official to pay the

13 debt within 30 days or be disqualified and his or her

14 office vacated or dismisses the matter if a debt owed

15 to the municipality is not proved. A copy of the

16 hearing officer's written determination shall be

17 served upon the municipal official in open proceedings

18 before the hearing officer. If the municipal official

19 does not appear for receipt of the written

20 determination, the written determination shall be

21 deemed to have been served on the municipal official

22 on the date when a copy of the written determination is

23 personally served on the municipal official or on the

24 date when a copy of the written determination is

25 deposited in the United States mail, postage prepaid,

26 addressed to the municipal official at the address on

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1 record with the municipality.

2 (D) A municipal official aggrieved by the

3 determination of a hearing officer may secure judicial

4 review of such determination in the circuit court of

5 the county in which the hearing was held. The

6 municipal official seeking judicial review must file a

7 petition with the clerk of the court and must serve a

8 copy of the petition upon the municipality by

9 registered or certified mail within 5 days after

10 service of the determination of the hearing officer.

11 The petition shall contain a brief statement of the

12 reasons why the determination of the hearing officer

13 should be reversed. The municipal official shall file

14 proof of service with the clerk of the court. No answer

15 to the petition need be filed, but the municipality

16 shall cause the record of proceedings before the

17 hearing officer to be filed with the clerk of the court

18 on or before the date of the hearing on the petition or

19 as ordered by the court. The court shall set the matter

20 for hearing to be held within 30 days after the filing

21 of the petition and shall make its decision promptly

22 after such hearing.

23 (E) If a municipal official chooses to pay the

24 debt, or is ordered to pay the debt after the hearing,

25 the municipal official must present proof of payment

26 to the municipal clerk that the debt was paid in full,

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1 and, if applicable, within the required time period as

2 ordered by a hearing officer or circuit court judge.

3 (F) A municipal official will be disqualified and

4 his or her office vacated pursuant to this paragraph

5 (4) on the later of the following times if the

6 municipal official: (i) fails to pay or contest the

7 debt within 30 days of the municipal official's

8 receipt of the notice of the debt; (ii) fails to pay

9 the debt within 30 days after being served with a

10 written determination under subparagraph (C) ordering

11 the municipal official to pay the debt; or (iii) fails

12 to pay the debt within 30 days after being served with

13 a decision pursuant to subparagraph (D) upholding a

14 hearing officer's determination that the municipal

15 officer has failed to pay a debt owed to a

16 municipality.

17 (G) For purposes of this paragraph, a "debt" shall

18 mean an arrearage in a definitely ascertainable and

19 quantifiable amount after service of written notice

20 thereof, in the payment of any indebtedness due to the

21 municipality, which has been adjudicated before a

22 tribunal with jurisdiction over the matter. A

23 municipal official is considered in arrears of a debt

24 to a municipality if a debt is more than 30 days

25 overdue from the date the debt was due.

26 (d) Election of an acting mayor or acting president. The

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1 election of an acting mayor or acting president pursuant to

2 subsection (f) or (g) does not create a vacancy in the original

3 office of the person on the city council or as a trustee, as

4 the case may be, unless the person resigns from the original

5 office following election as acting mayor or acting president.

6 If the person resigns from the original office following

7 election as acting mayor or acting president, then the

8 original office must be filled pursuant to the terms of this

9 Section and the acting mayor or acting president shall

10 exercise the powers of the mayor or president and shall vote

11 and have veto power in the manner provided by law for a mayor

12 or president. If the person does not resign from the original

13 office following election as acting mayor or acting president,

14 then the acting mayor or acting president shall exercise the

15 powers of the mayor or president but shall be entitled to vote

16 only in the manner provided for as the holder of the original

17 office and shall not have the power to veto. If the person does

18 not resign from the original office following election as

19 acting mayor or acting president, and if that person's

20 original term of office has not expired when a mayor or

21 president is elected and has qualified for office, the acting

22 mayor or acting-president shall return to the original office

23 for the remainder of the term thereof.

24 (e) Appointment to fill alderperson or trustee vacancy. An

25 appointment by the mayor or president or acting mayor or

26 acting president, as the case may be, of a qualified person as

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1 described in Section 3.1-10-5 of this Code to fill a vacancy in

2 the office of alderperson or trustee must be made within 60

3 days after the vacancy occurs. Once the appointment of the

4 qualified person has been forwarded to the corporate

5 authorities, the corporate authorities shall act upon the

6 appointment within 30 days. If the appointment fails to

7 receive the advice and consent of the corporate authorities

8 within 30 days, the mayor or president or acting mayor or

9 acting president shall appoint and forward to the corporate

10 authorities a second qualified person as described in Section

11 3.1-10-5. Once the appointment of the second qualified person

12 has been forwarded to the corporate authorities, the corporate

13 authorities shall act upon the appointment within 30 days. If

14 the appointment of the second qualified person also fails to

15 receive the advice and consent of the corporate authorities,

16 then the mayor or president or acting mayor or acting

17 president, without the advice and consent of the corporate

18 authorities, may make a temporary appointment from those

19 persons who were appointed but whose appointments failed to

20 receive the advice and consent of the corporate authorities.

21 The person receiving the temporary appointment shall serve

22 until an appointment has received the advice and consent and

23 the appointee has qualified or until a person has been elected

24 and has qualified, whichever first occurs.

25 (f) Election to fill vacancies in municipal offices with

26 4-year terms. If a vacancy occurs in an elective municipal

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1 office with a 4-year term and there remains an unexpired

2 portion of the term of at least 28 months, and the vacancy

3 occurs before the period to file petitions for ~~at least 130~~

4 ~~days before~~ the general municipal election next scheduled

5 under the general election law, then the vacancy shall be

6 filled for the remainder of the term at that general municipal

7 election. Whenever an election is held for this purpose, the

8 municipal clerk shall certify the office to be filled and the

9 candidates for the office to the proper election authorities

10 as provided in the general election law. If a vacancy occurs

11 with less than 28 months remaining in the unexpired portion of

12 the term or after the period to file petitions for ~~less than~~

13 ~~130 days before~~ the general municipal election, then:

14 (1) Mayor or president. If the vacancy is in the

15 office of mayor or president, the vacancy must be filled

16 by the corporate authorities electing one of their members

17 as acting mayor or acting president. Except as set forth

18 in subsection (d), the acting mayor or acting president

19 shall perform the duties and possess all the rights and

20 powers of the mayor or president until a mayor or

21 president is elected at the next general municipal

22 election and has qualified. However, in villages with a

23 population of less than 5,000, if each of the trustees

24 either declines the election as acting president or is not

25 elected by a majority vote of the trustees presently

26 holding office, then the trustees may elect, as acting

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1 president, any other village resident who is qualified to

2 hold municipal office, and the acting president shall

3 exercise the powers of the president and shall vote and

4 have veto power in the manner provided by law for a

5 president.

6 (2) Alderperson or trustee. If the vacancy is in the

7 office of alderperson or trustee, the vacancy must be

8 filled by the mayor or president or acting mayor or acting

9 president, as the case may be, in accordance with

10 subsection (e).

11 (3) Other elective office. If the vacancy is in any

12 elective municipal office other than mayor or president or

13 alderperson or trustee, the mayor or president or acting

14 mayor or acting president, as the case may be, must

15 appoint a qualified person to hold the office until the

16 office is filled by election, subject to the advice and

17 consent of the city council or the board of trustees, as

18 the case may be.

19 (g) Vacancies in municipal offices with 2-year terms. In

20 the case of an elective municipal office with a 2-year term, if

21 the vacancy occurs before the period to file petitions for ~~at~~

22 ~~least 130 days before~~ the general municipal election next

23 scheduled under the general election law, the vacancy shall be

24 filled for the remainder of the term at that general municipal

25 election. If the vacancy occurs after the period to file

26 petitions for ~~less than 130 days before~~ the general municipal

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1 election, then:

2 (1) Mayor or president. If the vacancy is in the

3 office of mayor or president, the vacancy must be filled

4 by the corporate authorities electing one of their members

5 as acting mayor or acting president. Except as set forth

6 in subsection (d), the acting mayor or acting president

7 shall perform the duties and possess all the rights and

8 powers of the mayor or president until a mayor or

9 president is elected at the next general municipal

10 election and has qualified. However, in villages with a

11 population of less than 5,000, if each of the trustees

12 either declines the election as acting president or is not

13 elected by a majority vote of the trustees presently

14 holding office, then the trustees may elect, as acting

15 president, any other village resident who is qualified to

16 hold municipal office, and the acting president shall

17 exercise the powers of the president and shall vote and

18 have veto power in the manner provided by law for a

19 president.

20 (2) Alderperson or trustee. If the vacancy is in the

21 office of alderperson or trustee, the vacancy must be

22 filled by the mayor or president or acting mayor or acting

23 president, as the case may be, in accordance with

24 subsection (e).

25 (3) Other elective office. If the vacancy is in any

26 elective municipal office other than mayor or president or

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1 alderperson or trustee, the mayor or president or acting

2 mayor or acting president, as the case may be, must

3 appoint a qualified person to hold the office until the

4 office is filled by election, subject to the advice and

5 consent of the city council or the board of trustees, as

6 the case may be.

7 (h) In cases of vacancies arising by reason of an election

8 being declared void pursuant to paragraph (3) of subsection

9 (c), persons holding elective office prior thereto shall hold

10 office until their successors are elected and qualified or

11 appointed and confirmed by advice and consent, as the case may

12 be.

13 (i) This Section applies only to municipalities with

14 populations under 500,000.

15 (Source: P.A. 102-15, eff. 6-17-21.)

16 Section 25-15. The Downstate Forest Preserve District Act

17 is amended by changing Section 3c-2 as follows:

18 (70 ILCS 805/3c-2)

19 Sec. 3c-2. Continuous effect of provisions; validation.

20 The General Assembly declares that the changes made to

21 Sections 3c and 3c-1 by this amendatory Act of the 103rd

22 General Assembly shall be deemed to have been in continuous

23 effect since November 15, 2021 (the effective date of Public

24 Act 102-668 ~~102-688~~) and shall continue to be in effect until

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1 they are lawfully repealed. All actions that were taken on or

2 after 2021 and before the effective date of this amendatory

3 Act of the 103rd General Assembly by a downstate forest

4 preserve district or any other person and that are consistent

5 with or in reliance on the changes made to Sections 3c and 3c-1

6 by this amendatory Act of the 103rd General Assembly are

7 hereby validated.

8 (Source: P.A. 103-600, eff. 7-1-24.)

9 Section 25-20. The Park District Code is amended by

10 changing Sections 2-10a, 2-12a, and 2-25 as follows:

11 (70 ILCS 1205/2-10a) (from Ch. 105, par. 2-10a)

12 Sec. 2-10a. Any district may provide by referendum, or by

13 resolution of the board, that the board shall be comprised of 7

14 commissioners. Any such referendum shall be initiated and held

15 in the same manner as is provided by the general election law.

16 If a majority of the votes cast on the proposition is in

17 favor of the 7-member board, or if the board adopts a

18 resolution stating that it is acting pursuant to this Section

19 in order to create a 7-member board, then whichever of the

20 following transition schedules are appropriate shall be

21 applied: At the election of commissioners next following by at

22 least 225 ~~197~~ days after the date on which the proposition to

23 create a 7-member board was approved at referendum or by

24 resolution, the number of commissioners to be elected shall be

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1 2 more than the number that would otherwise have been elected.

2 If this results in the election, pursuant to Section 2-12 of

3 this Act, of 4 commissioners at that election, one of the 4, to

4 be determined by lot within 30 days after the election, shall

5 serve for a term of 4 years or 2 years as the case may be,

6 instead of 6 years, so that his term will expire in the same

7 year in which the term of only one of the incumbent

8 commissioners expires. Thereafter, all commissioners shall be

9 elected for 6-year terms as provided in Section 2-12. If the

10 creation of a 7-member board results in the election of either

11 3 or 4 commissioners, pursuant to Section 2-12a of this Act, at

12 that election, 2 of them, to be determined by lot within 30

13 days after the election, shall serve for terms of 2 years

14 instead of 4 years. Thereafter, all commissioners shall be

15 elected for 4-year terms as provided in Section 2-12a of this

16 Act.

17 In any district where a 7-member board has been created

18 pursuant to this Section whether by referendum or by

19 resolution, the number of commissioners may later be reduced

20 to 5, but only by a referendum initiated and held in the same

21 manner as prescribed in this Section for creating a 7-member

22 board. No proposition to reduce the number of commissioners

23 shall affect the terms of any commissioners holding office at

24 the time of the referendum or to be elected within 225 ~~197~~ days

25 after the referendum. If a majority of the votes cast on the

26 proposition is in favor of reducing a 7-member board to a

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1 5-member board, then, at the election of commissioners next

2 following by at least 225 ~~197~~ days after the date on which the

3 proposition was approved at referendum, the number of

4 commissioners to be elected shall be 2 less than the number

5 that would otherwise have been elected and whichever of the

6 following transition schedules are appropriate shall be

7 applied: (i) if this results in the election of no

8 commissioners for a 6-year term pursuant to Section 2-12 of

9 this Act, then at the next election in which 3 commissioners

10 are scheduled to be elected to 6-year terms as provided in

11 Section 2-12, one of the 3, to be determined by lot within 30

12 days after the election, shall serve for a term of 4 years or 2

13 years, as the case may be, instead of 6 years, so that his or

14 her term will expire in the same year in which the term of no

15 incumbent commissioner is scheduled to expire; thereafter, all

16 commissioners shall be elected for 6-year terms as provided in

17 Section 2-12; or (ii) if the reduction to a 5-member board

18 results in the election of one commissioner to a 4-year term,

19 pursuant to Section 2-12a of this Act, then at the next

20 election in which 4 commissioners are scheduled to be elected

21 to 4-year terms as provided in Section 2-12a, one of the 4, to

22 be determined by lot within 30 days after the election, shall

23 serve for a term of 2 years, instead of 4 years, so that his or

24 her term will expire in the same year in which the term of only

25 one incumbent commissioner is scheduled to expire; thereafter,

26 all commissioners shall be elected for 4-year terms as

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1 provided in Section 2-12a.

2 (Source: P.A. 103-467, eff. 8-4-23.)

3 (70 ILCS 1205/2-12a) (from Ch. 105, par. 2-12a)

4 Sec. 2-12a. Any district may provide, either by resolution

5 of the board or by referendum, that the term of commissioners

6 shall be 4 years rather than 6 years. Any such referendum shall

7 be initiated and held in the same manner as is provided by the

8 general election law for public questions authorized by

9 Article VII of the Illinois Constitution.

10 If a majority of the votes cast on the proposition is in

11 favor of a 4-year term for commissioners, or if the Board

12 adopts a resolution stating that it is acting pursuant to this

13 Section to change the term of office from 6 years to 4 years,

14 commissioners thereafter elected, commencing with the first

15 regular park district election at least 225 ~~197~~ days after the

16 date on which the proposition for 4-year terms was approved at

17 referendum or by resolution, shall be elected for a term of 4

18 years. In order to provide for the transition from 6-year

19 terms to 4-year terms:

20 (1) If 2 commissioners on a 5-member board are to be

21 elected at the first such election and if the term of only

22 one commissioner is scheduled to expire in the year of the

23 next election at which commissioners are elected, of the 2

24 commissioners elected, one shall serve a 2-year term and

25 one a 4-year term, to be determined by lot between the 2

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1 persons elected within 30 days after the election.

2 (2) On a 7-member board under Section 2-10a, if the

3 terms of only 2 commissioners are scheduled to expire in

4 the year of the second election at which commissioners are

5 elected after the first regular park district election at

6 least 225 ~~197~~ days after the date on which the proposition

7 for 4-year terms was approved at referendum or by

8 resolution, then:

9 (A) if 3 commissioners are elected at the first

10 regular election, 2 of the commissioners elected shall

11 serve a 2-year term and one shall serve a 4-year term

12 to be determined by lot between persons elected within

13 30 days after the first election; or

14 (B) if 2 commissioners are elected at the first

15 regular election, those 2 commissioners elected shall

16 serve a 2-year term.

17 In any district where the board has created 4-year terms

18 pursuant to this Section, whether by referendum or by

19 resolution, the length of terms may later be increased to 6

20 years, but only by a referendum initiated and held in the same

21 manner as prescribed in this Section for creating 4-year

22 terms. No proposition to increase the terms of commissioners

23 shall affect any commissioner holding office at the time of

24 the referendum or to be elected within 225 ~~197~~ days after the

25 referendum.

26 (Source: P.A. 103-467, eff. 8-4-23.)

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1 (70 ILCS 1205/2-25) (from Ch. 105, par. 2-25)

2 Sec. 2-25. Vacancies. Whenever any member of the governing

3 board of any park district (i) dies, (ii) resigns, (iii)

4 becomes under legal disability, (iv) ceases to be a legal

5 voter in the district, (v) is convicted in any court located in

6 the United States of any infamous crime, bribery, perjury, or

7 other felony, (vi) refuses or neglects to take his or her oath

8 of office, (vii) neglects to perform the duties of his or her

9 office or attend meetings of the board for the length of time

10 as the board fixes by ordinance, or (viii) for any other reason

11 specified by law, that office may be declared vacant.

12 Vacancies shall be filled by appointment by a majority of the

13 remaining members of the board. Any person so appointed shall

14 hold his or her office until the next regular election for this

15 office, at which a member shall be elected to fill the vacancy

16 for the unexpired term, subject to the following conditions:

17 (1) If the vacancy occurs with less than 28 months

18 remaining in the term, the person appointed to fill the

19 vacancy shall hold his or her office until the expiration

20 of the term for which he or she has been appointed, and no

21 election to fill the vacancy shall be held.

22 (2) If the vacancy occurs with more than 28 months

23 left in the term, but less than 151 ~~123~~ days before the

24 next regularly scheduled election for this office, the

25 person appointed to fill the vacancy shall hold his or her

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1 office until the second regularly scheduled election for

2 the office following the appointment, at which a member

3 shall be elected to fill the vacancy for the unexpired

4 term.

5 (Source: P.A. 101-257, eff. 8-9-19; 102-558, eff. 8-20-21.)

6 Section 25-25. The School Code is amended by changing

7 Sections 3A-6 and 34-4.1 as follows:

8 (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)

9 Sec. 3A-6. Election of Superintendent for consolidated

10 region - Bond - Vacancies in any educational service region.

11 (a) The regional superintendent to be elected under

12 Section 3A-5 shall be elected at the time provided in the

13 general election law and must possess the qualifications

14 described in Section 3-1 of this Act.

15 (b) The bond required under Section 3-2 shall be filed in

16 the office of the county clerk in the county where the regional

17 office is situated, and a certified copy of that bond shall be

18 filed in the office of the county clerk in each of the other

19 counties in the region.

20 (c) When a vacancy occurs in the office of regional

21 superintendent of schools of any educational service region

22 which is not located in a county which is a home rule unit,

23 such vacancy shall be filled within 60 days (i) by appointment

24 of the chairman of the county board, with the advice and

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1 consent of the county board, when such vacancy occurs in a

2 single county educational service region; or (ii) by

3 appointment of a committee composed of the chairmen of the

4 county boards of those counties comprising the affected

5 educational service region when such vacancy occurs in a

6 multicounty educational service region, each committeeman to

7 be entitled to one vote for each vote that was received in the

8 county represented by such committeeman on the committee by

9 the regional superintendent of schools whose office is vacant

10 at the last election at which a regional superintendent was

11 elected to such office, and the person receiving the highest

12 number of affirmative votes from the committeemen for such

13 vacant office to be deemed the person appointed by such

14 committee to fill the vacancy. The appointee shall be a member

15 of the same political party as the regional superintendent of

16 schools the appointee succeeds was at the time such regional

17 superintendent of schools last was elected. The appointee

18 shall serve for the remainder of the term. However, if more

19 than 28 months remain in that term and the vacancy occurs at

20 least 130 days before the next general election, the

21 appointment shall be until the next general election, at which

22 time the vacated office shall be filled by election for the

23 remainder of the term. Nominations shall be made and any

24 vacancy in nomination shall be filled as follows:

25 (1) If the vacancy in office occurs before the first

26 date provided in Section 7-12 of the Election Code for

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1 filing nomination papers for county offices for the

2 primary in the next even-numbered year following

3 commencement of the term of office in which the vacancy

4 occurs, nominations for the election for filling the

5 vacancy shall be made pursuant to Article 7 of the

6 Election Code.

7 (2) If the vacancy in office occurs during the time

8 provided in Section 7-12 of the Election Code for filing

9 nomination papers for county offices for the primary in

10 the next even-numbered year following commencement of the

11 term of office in which the vacancy occurs, the time for

12 filing nomination papers for the primary shall not be more

13 than 120 ~~91~~ days nor less than 113 ~~85~~ days prior to the

14 date of the primary.

15 (3) If the vacancy in office occurs after the last day

16 provided in Section 7-12 of the Election Code for filing

17 nomination papers for county offices for the primary in

18 the next even-numbered year following commencement of the

19 term of office in which the vacancy occurs, a vacancy in

20 nomination shall be deemed to have occurred and the county

21 central committee of each established political party (if

22 the vacancy occurs in a single county educational service

23 region) or the multi-county educational service region

24 committee of each established political party (if the

25 vacancy occurs in a multi-county educational service

26 region) shall nominate, by resolution, a candidate to fill

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1 the vacancy in nomination for election to the office at

2 the general election. In the nomination proceedings to

3 fill the vacancy in nomination, each member of the county

4 central committee or the multi-county educational service

5 region committee, whichever applies, shall have the voting

6 strength as set forth in Section 7-8 or 7-8.02 of the

7 Election Code, respectively. The name of the candidate so

8 nominated shall not appear on the ballot at the general

9 primary election. The vacancy in nomination shall be

10 filled prior to the date of certification of candidates

11 for the general election.

12 (4) The resolution to fill the vacancy shall be duly

13 acknowledged before an officer qualified to take

14 acknowledgments of deeds and shall include, upon its face,

15 the following information: (A) the name of the original

16 nominee and the office vacated; (B) the date on which the

17 vacancy occurred; and (C) the name and address of the

18 nominee selected to fill the vacancy and the date of

19 selection. The resolution to fill the vacancy shall be

20 accompanied by a statement of candidacy, as prescribed in

21 Section 7-10 of the Election Code, completed by the

22 selected nominee, a certificate from the State Board of

23 Education, as prescribed in Section 3-1 of this Code, and

24 a receipt indicating that the nominee has filed a

25 statement of economic interests as required by the

26 Illinois Governmental Ethics Act.

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1 The provisions of Sections 10-8 through 10-10.1 of the

2 Election Code relating to objections to nomination papers,

3 hearings on objections, and judicial review shall also apply

4 to and govern objections to nomination papers and resolutions

5 for filling vacancies in nomination filed pursuant to this

6 Section. Unless otherwise specified in this Section, the

7 nomination and election provided for in this Section is

8 governed by the general election law.

9 Except as otherwise provided by applicable county

10 ordinance or by law, if a vacancy occurs in the office of

11 regional superintendent of schools of an educational service

12 region that is located in a county that is a home rule unit and

13 that has a population of less than 2,000,000 inhabitants, that

14 vacancy shall be filled by the county board of such home rule

15 county.

16 Any person appointed to fill a vacancy in the office of

17 regional superintendent of schools of any educational service

18 region must possess the qualifications required to be elected

19 to the position of regional superintendent of schools, and

20 shall obtain a certificate of eligibility from the State

21 Superintendent of Education and file same with the county

22 clerk of the county in which the regional superintendent's

23 office is located.

24 If the regional superintendent of schools is called into

25 the active military service of the United States, his office

26 shall not be deemed to be vacant, but a temporary appointment

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1 shall be made as in the case of a vacancy. The appointee shall

2 perform all the duties of the regional superintendent of

3 schools during the time the regional superintendent of schools

4 is in the active military service of the United States, and

5 shall be paid the same compensation apportioned as to the time

6 of service, and such appointment and all authority thereunder

7 shall cease upon the discharge of the regional superintendent

8 of schools from such active military service. The appointee

9 shall give the same bond as is required of a regularly elected

10 regional superintendent of schools.

11 (Source: P.A. 96-893, eff. 7-1-10.)

12 (105 ILCS 5/34-4.1)

13 Sec. 34-4.1. Nomination petitions. In addition to the

14 requirements of the general election law, the form of

15 petitions under Section 34-4 of this Code shall be

16 substantially as follows:

17 NOMINATING PETITIONS

18 (LEAVE OUT THE INAPPLICABLE PART.)

19 To the Board of Election Commissioners for the City of

20 Chicago:

21 We the undersigned, being (.... or more) of the voters

22 residing within said district, hereby petition that .... who

23 resides at .... in the City of Chicago shall be a candidate for

24 the office of .... of the Chicago Board of Education (full

25 term) (vacancy) to be voted for at the election to be held on

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1 (insert date).

2 Name: .................. Address: ...................

3 In the designation of the name of a candidate on a petition

4 for nomination, the candidate's given name or names, initial

5 or initials, a nickname by which the candidate is commonly

6 known, or a combination thereof may be used in addition to the

7 candidate's surname. If a candidate has changed his or her

8 name, whether by a statutory or common law procedure in

9 Illinois or any other jurisdiction, within 3 years before the

10 last day for filing the petition, then (i) the candidate's

11 name on the petition must be followed by "formerly known as

12 (list all prior names during the 3-year period) until name

13 changed on (list date of each such name change)" and (ii) the

14 petition must be accompanied by the candidate's affidavit

15 stating the candidate's previous names during the period

16 specified in clause (i) and the date or dates each of those

17 names was changed; failure to meet these requirements shall be

18 grounds for denying certification of the candidate's name for

19 the ballot, but these requirements do not apply to name

20 changes to conform a candidate's name to the candidate's

21 identity or name changes resulting from adoption to assume an

22 adoptive parent's or parents' surname, marriage or civil union

23 to assume a spouse's surname, or dissolution of marriage or

24 civil union or declaration of invalidity of marriage to assume

25 a former surname. No other designation, such as a political

26 slogan, as defined by Section 7-17 of the Election Code, title

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1 or degree, or nickname suggesting or implying possession of a

2 title, degree or professional status, or similar information

3 may be used in connection with the candidate's surname.

4 All petitions for the nomination of members of the Chicago

5 Board of Education shall be filed with the board of election

6 commissioners of the jurisdiction in which the principal

7 office of the school district is located and ~~within the time~~

8 ~~provided for by Article 7 of the Election Code, except that~~

9 ~~petitions for the nomination of members of the Chicago Board~~

10 ~~of Education for the 2024 general election~~ shall be prepared,

11 filed, and certified as outlined in Article 10 of the Election

12 Code. The board of election commissioners shall receive and

13 file only those petitions that include a statement of

14 candidacy, the required number of voter signatures, the

15 notarized signature of the petition circulator, and a receipt

16 from the county clerk showing that the candidate has filed a

17 statement of economic interests ~~interest~~ on or before the last

18 day to file as required by the Illinois Governmental Ethics

19 Act. The board of election commissioners may have petition

20 forms available for issuance to potential candidates and may

21 give notice of the petition filing period by publication in a

22 newspaper of general circulation within the school district

23 not less than 10 days prior to the first day of filing. The

24 board of election commissioners shall make certification to

25 the proper election authorities in accordance with the general

26 election law.

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1 The board of election commissioners of the jurisdiction in

2 which the principal office of the school district is located

3 shall notify the candidates for whom a petition for nomination

4 is filed or the appropriate committee of the obligations under

5 the Campaign Financing Act as provided in the general election

6 law. Such notice shall be given on a form prescribed by the

7 State Board of Elections and in accordance with the

8 requirements of the general election law. The board of

9 election commissioners shall within 7 days of filing or on the

10 last day for filing, whichever is earlier, acknowledge to the

11 petitioner in writing the office's acceptance of the petition.

12 A candidate for membership on the Chicago Board of

13 Education who has petitioned for nomination to fill a full

14 term and to fill a vacant term to be voted upon at the same

15 election must withdraw his or her petition for nomination from

16 either the full term or the vacant term by written

17 declaration.

18 Nomination petitions are not valid unless the candidate

19 named therein files with the board of election commissioners a

20 receipt from the county clerk showing that the candidate has

21 filed a statement of economic interests as required by the

22 Illinois Governmental Ethics Act. Such receipt shall be so

23 filed either previously during the calendar year in which his

24 or her nomination papers were filed or within the period for

25 the filing of nomination papers in accordance with the general

26 election law.

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1 (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21;

2 103-467, eff. 8-4-23; 103-584, eff. 3-18-24; revised 6-27-25.)

3 Article 30.

4 Section 30-5. The Property Tax Code is amended by changing

5 Section 21-150 as follows:

6 (35 ILCS 200/21-150)

7 Sec. 21-150. Time of applying for judgment. Except as

8 otherwise provided in this Section or by ordinance or

9 resolution enacted under subsection (c) of Section 21-40, in

10 any county with fewer than 3,000,000 inhabitants, all

11 applications for judgment and order of sale for taxes and

12 special assessments on delinquent properties shall be made

13 within 90 days after the second installment due date. In Cook

14 County, all applications for judgment and order of sale for

15 taxes and special assessments on delinquent properties shall

16 be made (i) by July 1, 2011 for tax year 2009, (ii) by July 1,

17 2012 for tax year 2010, (iii) by July 1, 2013 for tax year

18 2011, (iv) by July 1, 2014 for tax year 2012, (v) by July 1,

19 2015 for tax year 2013, (vi) by May 1, 2016 for tax year 2014,

20 (vii) by March 1, 2017 for tax year 2015, (viii) by April 1 of

21 the next calendar year after the second installment due date

22 for tax year 2016 and 2017, and (ix) within 365 days of the

23 second installment due date for each tax year thereafter.

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1 Notwithstanding these dates, in Cook County, the

2 application for judgment and order of sale for the 2018 annual

3 tax sale that would normally be held in calendar year 2020

4 shall not be filed earlier than the first day of the first

5 month during which there is no longer a statewide COVID-19

6 public health emergency, as evidenced by an effective disaster

7 declaration of the Governor covering all counties in the

8 State, except that in no event may this application for

9 judgment and order of sale be filed later than October 1, 2021.

10 When a tax sale is delayed because of a statewide COVID-19

11 public health emergency, no subsequent annual tax sale may

12 begin earlier than 180 days after the last day of the prior

13 delayed tax sale, and no scavenger tax sale may begin earlier

14 than 90 days after the last day of the prior delayed tax sale.

15 In those counties which have adopted an ordinance under

16 Section 21-40, the application for judgment and order of sale

17 for delinquent taxes shall be made in December.

18 Notwithstanding these dates, in Cook County, the

19 application for judgment and order of sale for the 2023 annual

20 tax sale that would normally be held in calendar year 2025

21 shall be filed on or before July 27, 2026 ~~March 10, 2026~~.

22 Notwithstanding Sections 9-260, 18-250, 20-100, 21-15, 21-25,

23 and 21-45, in Cook County, interest shall not accrue between

24 September 2, 2025 and September 1, 2026 ~~April 1, 2026~~ on

25 delinquent warrant year 2023 tax balances.

26 In the 10 years next following the completion of a general

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1 reassessment of property in any county with 3,000,000 or more

2 inhabitants, made under an order of the Department,

3 applications for judgment and order of sale shall be made as

4 soon as may be and on the day specified in the advertisement

5 required by Section 21-110 and 21-115. If for any cause the

6 court is not held on the day specified, the cause shall stand

7 continued, and it shall be unnecessary to re-advertise the

8 list or notice.

9 Within 30 days after the day specified for the application

10 for judgment the court shall hear and determine the matter. If

11 judgment is rendered, the sale shall begin on the date within 5

12 business days specified in the notice as provided in Section

13 21-115. If the collector is prevented from advertising and

14 obtaining judgment within the time periods specified by this

15 Section, the collector may obtain judgment at any time

16 thereafter; but if the failure arises by the county

17 collector's not complying with any of the requirements of this

18 Code, he or she shall be held on his or her official bond for

19 the full amount of all taxes and special assessments charged

20 against him or her. Any failure on the part of the county

21 collector shall not be allowed as a valid objection to the

22 collection of any tax or assessment, or to entry of a judgment

23 against any delinquent properties included in the application

24 of the county collector.

25 As used in this Section, "warrant year" means the year

26 preceding the calendar year in which the taxes first became

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1 due and payable.

2 (Source: P.A. 104-6, eff. 6-16-25.)

3 Article 35.

4 Section 35-5. "AN ACT concerning employment", approved

5 June 30, 2025, (Public Act 104-17) is amended by changing

6 Section 99 as follows:

7 (P.A. 104-17, Sec. 99)

8 Sec. 99. Effective date. This Act takes effect upon

9 becoming law, except that Section 10 takes effect July 1,

10 2026.

11 (Source: P.A. 104-17, eff. 6-30-2025.)

12 Article 99.

13 Section 99-99. Effective date. This Act takes effect upon

14 becoming law.".