Sen. Bill Cunningham

Filed: 10/29/2025

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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9 (Section scheduled to be repealed on January 1, 2026)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 104th ~~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 104th ~~103rd~~ General

18 Assembly. The Executive Director of the State Board of

19 Elections shall designate the day, time, and place for each

20 meeting of the Task 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, 2027 ~~2025~~.

10 (g) This Section is repealed on January 1, 2028 ~~2026~~.

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

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

13 changing Section 8.10 as follows:

14 (20 ILCS 105/8.10)

15 (Section scheduled to be repealed on May 16, 2026)

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

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

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

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

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

21 adults and their caregivers. The Commission shall make

22 recommendations to improve access to benefits, services, and

23 supports for LGBTQ older adults and their caregivers. The

24 Commission, in formulating its recommendations, shall take

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1 into account the best policies and practices in other states

2 and jurisdictions. Specifically, the Commission shall:

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

4 policies, and regulations on LGBTQ older adults and make

5 recommendations to ensure equitable access, treatment,

6 care and benefits, and overall quality of life.

7 (2) Examine best practices for increasing access,

8 reducing isolation, preventing abuse and exploitation,

9 promoting independence and self-determination,

10 strengthening caregiving, eliminating disparities, and

11 improving overall quality of life for LGBTQ older adults.

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

13 assigned at birth, socioeconomic status, disability,

14 sexual orientation, gender identity, and other

15 characteristics on access to services for LGBTQ older

16 adults and make recommendations to ensure equitable

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

18 of life.

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

20 adults living with HIV/AIDS and make recommendations to

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

22 overall quality of life.

23 (5) Examine strategies to increase provider awareness

24 of the needs of LGBTQ older adults and their caregivers

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

26 services, and ongoing care, including preventive care.

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1 (6) Examine the feasibility of developing statewide

2 training curricula to improve provider competency in the

3 delivery of culturally responsive health, housing, and

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

5 caregivers.

6 (7) Assess the funding and programming needed to

7 enhance services to the growing population of LGBTQ older

8 adults.

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

10 the absence thereof, promote the premature admission of

11 LGBTQ older adults to institutional care, and examine

12 whether potential cost-savings exist for LGBTQ older

13 adults as a result of providing lower cost and culturally

14 responsive home and community-based alternatives to

15 institutional care.

16 (9) Examine outreach protocols to reduce apprehension

17 among LGBTQ older adults and caregivers of utilizing

18 mainstream providers.

19 (10) Evaluate the implementation status of Public Act

20 101-325.

21 (11) Evaluate the implementation status of Public Act

22 102-543, examine statewide strategies for the collection

23 of sexual orientation and gender identity data and the

24 impact of these strategies on the provision of services to

25 LGBTQ older adults, and conduct a statewide survey

26 designed to approximate the number of LGBTQ older adults

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1 in the State and collect demographic information (if

2 resources allow for the implementation of a survey

3 instrument).

4 (b) Commission members.

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

6 following persons who must be appointed by the Governor

7 within 60 days after the effective date of this amendatory

8 Act of the 102nd General Assembly:

9 (A) one member from a statewide organization that

10 advocates for older adults;

11 (B) one member from a national organization that

12 advocates for LGBTQ older adults;

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

14 healthcare organization founded to serve LGBTQ people;

15 (D) the director of senior services from a

16 community center serving LGBTQ people, or the

17 director's designee;

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

19 organization;

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

21 project incubator and think tank that is focused on

22 action that leads to improved outcomes and

23 opportunities for LGBTQ communities;

24 (G) one member from a labor organization that

25 provides care and services for older adults in

26 long-term care facilities;

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1 (H) one member from a statewide association

2 representing long-term care facilities;

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

4 Asian-American, Pacific Islander, Indigenous, or

5 Latinx LGBTQ people;

6 (J) one member from a statewide organization for

7 people with disabilities; and

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

9 (i) 3 members who are transgender or

10 gender-expansive individuals;

11 (ii) 2 members who are older adults living

12 with HIV;

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

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

15 Black individual;

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

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

18 Pacific Islander individual; and

19 (vii) one member who is an ethnically diverse

20 individual.

21 (2) The following State agencies shall each designate

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

23 Commission: the Department, the Department of Public

24 Health, the Department of Human Services, the Department

25 of Healthcare and Family Services, and the Department of

26 Veterans Affairs.

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1 (3) Appointing authorities shall ensure, to the

2 maximum extent practicable, that the Commission is diverse

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

4 gender identity, gender expression, and geography.

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

6 Section is repealed. Members shall continue to serve until

7 their successors are appointed. Any vacancy shall be

8 filled by the appointing authority. Any vacancy occurring

9 other than by the dissolution of the Commission shall be

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

11 the Commission shall serve without compensation but shall

12 be reimbursed for expenses necessarily incurred in the

13 performance of their duties.

14 (c) Commission organization. The Commission shall provide

15 for its organization and procedure, including selection of the

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

17 shall constitute a quorum for the transaction of business.

18 Administrative and other support for the Commission shall be

19 provided by the Department. Any State agency under the

20 jurisdiction of the Governor shall provide testimony and

21 information as directed by the Commission.

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

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

24 Public meetings may be virtually conducted.

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

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

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1 the Illinois Council on Aging that details the progress

2 made toward achieving the Commission's stated objectives

3 and that contains findings and recommendations, including

4 any recommended legislation. The annual report shall be

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

6 accessible website.

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

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

9 detailing the work the Commission has done since its

10 inception and providing the findings and recommendations,

11 including any recommended legislation. The final report

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

13 publicly accessible website.

14 The Department and Commission may collaborate with an

15 institution of higher education in Illinois to compile the

16 reports required under this Section.

17 (e) This Section is repealed July 1, 2027 ~~May 16, 2026~~.

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

19 Section 1-12. The Children and Family Services Act is

20 amended by changing Section 5.27 as follows:

21 (20 ILCS 505/5.27)

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

23 Sec. 5.27. Holistic Mental Health Care for Youth in Care

24 Task Force.

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1 (a) The Holistic Mental Health Care for Youth in Care Task

2 Force is created. The Task Force shall review and make

3 recommendations regarding mental health and wellness services

4 provided to youth in care, including a program of holistic

5 mental health services provided 30 days after the date upon

6 which a youth is placed in foster care, in order to determine

7 how to best meet the mental health needs of youth in care.

8 Additionally, the Task Force shall:

9 (1) assess the capacity of State licensed mental

10 health professionals to provide preventive mental health

11 care to youth in care;

12 (2) review the current payment rates for mental health

13 providers serving the youth in care population;

14 (3) evaluate the process for smaller private practices

15 and agencies to bill through managed care, evaluate

16 delayed payments to mental health providers, and recommend

17 improvements to make billing practices more efficient;

18 (4) evaluate the recruitment and retention of mental

19 health providers who are persons of color to serve the

20 youth in care population; and

21 (5) any other relevant subject and processes as deemed

22 necessary by the Task Force.

23 (b) The Task Force shall have 9 members, comprised as

24 follows:

25 (1) The Director of Healthcare and Family Services or

26 the Director's designee.

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1 (2) The Director of Children and Family Services or

2 the Director's designee.

3 (3) A member appointed by the Governor from the Office

4 of the Governor who has a focus on mental health issues.

5 (4) Two members from the House of Representatives,

6 appointed one each by the Speaker of the House of

7 Representatives and the Minority Leader of the House of

8 Representatives.

9 (5) Two members of the Senate, appointed one each by

10 the President of the Senate and the Minority Leader of the

11 Senate.

12 (6) One member who is a former youth in care,

13 appointed by the Governor.

14 (7) One representative from the managed care entity

15 managing the YouthCare program, appointed by the Director

16 of Healthcare and Family Services.

17 Task Force members shall serve without compensation but

18 may be reimbursed for necessary expenses incurred in the

19 performance of their duties.

20 (c) The Task Force shall meet at least once each month

21 beginning no later than July 1, 2022 and at other times as

22 determined by the Task Force. The Task Force may hold

23 electronic meetings and a member of the Task Force shall be

24 deemed present for the purposes of establishing a quorum and

25 voting.

26 (d) The Department of Healthcare and Family Services, in

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1 conjunction with the Department of Children and Family

2 Services, shall provide administrative and other support to

3 the Task Force.

4 (e) The Task Force shall prepare and submit to the

5 Governor and the General Assembly at the end of each quarter a

6 report that summarizes its work. The Task Force shall submit

7 its final report to the Governor and the General Assembly no

8 later than December 31, 2026 ~~2025~~. Upon submission of its

9 final report, the Task Force is dissolved.

10 (f) This Section is repealed on January 1, 2027 ~~2026~~.

11 (Source: P.A. 102-898, eff. 5-25-22; 103-154, eff. 6-30-23;

12 103-811, eff. 8-9-24.)

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

14 changing Section 10 as follows:

15 (20 ILCS 750/10)

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

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

18 subject to appropriation, study food insecurity in urban and

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

20 the reasons for current market failures, potential policy

21 solutions, geographic trends, and the need for independent

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

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

24 assess the need for aspirational goals for ownership among

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

2 the Business Enterprise for Minorities, Women, and Persons

3 with Disabilities Act. The Department may enter into

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

5 This report shall be submitted to the General Assembly by

6 December 31, 2026 ~~2024~~. This Section is repealed on January 1,

7 2027 ~~2026~~.

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

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

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

11 (20 ILCS 1605/21.4)

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

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

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

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

16 21.11, 21.13, 21.15, and 21.16. The operation of the game

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

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

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

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

21 ~~2027~~. If any provision of this Section is inconsistent with

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

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

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

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1 special cause for the remainder of the special causes'

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

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

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

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

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

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

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

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

10 Section shall be divided equally among the special causes the

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

12 Comptroller shall direct and the State Treasurer shall

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

14 specific fund identified for each special cause in accordance

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

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

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

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

19 administrative expenses incurred in operation of the ticket.

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

21 (20 ILCS 1605/21.5)

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

23 (a) The Department shall offer a special instant

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

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

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

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

3 ~~31, 2026~~. The operation of the game shall be governed by this

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

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

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

7 of Public Health Powers and Duties Law of the Civil

8 Administrative Code of Illinois, regarding the design and

9 promotion of the game.

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

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

12 revenue from the Carolyn Adams Ticket For The Cure special

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

14 appropriation by the General Assembly solely to the Department

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

16 private entities in Illinois for the purpose of funding breast

17 cancer research, and supportive services for breast cancer

18 survivors and those impacted by breast cancer and breast

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

20 Health shall consider criteria that includes, but is not

21 limited to, projects and initiatives that address disparities

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

23 data from the Illinois Cancer Registry, and populations facing

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

25 before grants are awarded, provide copies of all grant

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

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

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

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

4 limitation, expenditures to develop and advance the

5 understanding, techniques, and modalities effective in the

6 detection, prevention, screening, and treatment of breast

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

8 not be used for institutional, organizational, or

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

10 Moneys received for the purposes of this Section,

11 including, without limitation, net revenue from the special

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

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

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

15 into the Fund.

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

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

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

19 estimated administrative expenses of the Department solely

20 related to the Ticket For The Cure game.

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

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

23 unreasonably diminish the efforts devoted to marketing any

24 other instant scratch-off lottery game.

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

26 implement and administer the provisions of this Section.

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

2 (20 ILCS 1605/21.8)

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

4 (a) The Department shall offer a special instant

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

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

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

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

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

10 the Department. ~~The Department must consult with the Quality~~

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

12 ~~the Department of Public Health Powers and Duties Law of the~~

13 ~~Civil Administrative Code of Illinois, regarding the design~~

14 ~~and promotion of the game.~~

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

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

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

18 deposited into the Fund for appropriation by the General

19 Assembly solely to the Department of Public Health for the

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

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

22 funding organizations that serve the highest at-risk

23 categories for contracting HIV or developing AIDS. Grants

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

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

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1 among risk groups as reported by the Illinois Department of

2 Public Health. The recipient organizations must be engaged in

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

4 treatment. ~~The Department must, before grants are awarded,~~

5 ~~provide copies of all grant applications to the Quality of~~

6 ~~Life Board, receive and review the Board's recommendations and~~

7 ~~comments, and consult with the Board regarding the grants.~~

8 Organizational size will determine an organization's

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

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

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

12 Life annual fund. Organizations with an annual budget of

13 $300,001 to $700,000 will compete with like organizations for

14 25% of the Quality of Life annual fund, and organizations with

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

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

17 lottery may designate a percentage of proceeds for marketing

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

19 organizational, or community-based overhead costs, indirect

20 costs, or levies.

21 Grants awarded from the Fund are intended to augment the

22 current and future State funding for the prevention and

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

24 funding.

25 Moneys received for the purposes of this Section,

26 including, without limitation, net revenue from the special

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

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

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

4 into the Fund.

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

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

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

8 estimated administrative expenses of the Department solely

9 related to the Quality of Life game.

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

11 of Life game, the Department shall not unreasonably diminish

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

13 lottery game.

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

15 implement and administer the provisions of this Section in

16 consultation with the Quality of Life Board.

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

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

19 Duties Law of the Civil Administrative Code of Illinois is

20 amended by changing Section 2310-542 as follows:

21 (20 ILCS 2310/2310-542)

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

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

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

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1 and implement a comprehensive 2-year statewide safe gun

2 storage public awareness campaign. The campaign shall include

3 the following:

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

5 the 2-year campaign period.

6 (2) Messages paired with information about enforcement

7 or incentives for safe gun storage.

8 (3) Geographic and cultural considerations.

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

10 phases:

11 (1) A statewide messaging strategy that shall develop

12 research-based, culturally appropriate messaging for

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

14 and encouraging safe storage. The campaign shall include

15 formats such as paid advertising on Chicago Transit

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

17 media campaigns, radio, and other public education and

18 outreach.

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

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

21 following:

22 (A) Developing a focused strategy to distribute,

23 through community-based organizations, gun locks and

24 gun safes in areas most affected by gun violence.

25 (B) Pairing gun lock distribution with brief

26 counseling or education sessions, which has been shown

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1 to significantly increase safe storage practices.

2 (C) Developing an education and training program

3 on safe storage counseling and screening for health

4 care professionals, including pediatric primary care

5 and emergency room departments.

6 (D) Developing education and training on the

7 Firearms Restraining Order Act for practitioners, law

8 enforcement, and the general public.

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

10 adult survivors of gun violence, and families at risk

11 due to domestic violence.

12 (F) Incorporating gun buy-back opportunities in

13 partnership with law enforcement, community-based

14 organizations, and other local stakeholders.

15 (3) A comprehensive evaluation to measure changes in

16 gun safety behaviors and the overall impact and

17 effectiveness of the campaign to promote safety. Metrics

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

19 following:

20 (A) Changes in parent behavior and perception.

21 (B) Media campaign metrics and digital analytics.

22 (C) The number of people reached through each

23 strategy.

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

25 distributed.

26 (E) Changes in intentional and unintentional

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1 firearm injury.

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

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

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

5 changing Section 1-130 as follows:

6 (20 ILCS 3855/1-130)

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

8 Sec. 1-130. Home rule preemption.

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

10 specifically related to the generation of electricity by, the

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

12 atmosphere by electric generating facilities after the

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

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

15 fees specifically related to the generation of electricity by,

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

17 the atmosphere by electric generating facilities after the

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

19 limitation on home rule powers and functions under subsection

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

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

22 ~~2026~~.

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

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

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

2 is amended by changing Section 3.6 as follows:

3 (20 ILCS 3960/3.6)

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

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

6 agency.

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

8 the Department of Veterans Affairs.

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

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

11 in categories of service of a health care facility funded

12 through an appropriation from the General Assembly and

13 maintained or operated by the Department is not subject to

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

15 Act when the Department discontinues a health care facility or

16 category of service.

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

18 appropriation by the General Assembly for the construction,

19 modification, establishment or change in categories of

20 service, excluding discontinuation of a health care facility

21 or categories of service, maintained or operated by the

22 Department of Veterans Affairs. The Department of Veterans

23 Affairs must include with the written notification the

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

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

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

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

4 Department must also notify the Board in writing when the

5 facility has been licensed by the Department of Public Health

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

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

8 facility questionnaires as defined in Section 13 of this Act

9 or any requests for information by the Board.

10 (d) This Section is repealed on July 1, 2029 ~~5 years after~~

11 ~~the effective date of this amendatory Act of the 102nd General~~

12 ~~Assembly~~.

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

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

15 changing Section 95 as follows:

16 (20 ILCS 4122/95)

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

18 Sec. 95. Repealer. This Act is repealed on July 1, 2028

19 ~~June 1, 2026~~.

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

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

22 amended by changing Sections 30 and 35 as follows:

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1 (20 ILCS 4126/30)

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

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

4 report to the Governor and General Assembly no later than

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

6 available on the Illinois Housing Development Authority's

7 website for viewing by the general public.

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

9 (20 ILCS 4126/35)

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

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

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

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

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

15 Act is amended by changing Section 20 as follows:

16 (20 ILCS 4134/20)

17 Sec. 20. Report.

18 (a) On or before July 1, 2026 ~~December 31, 2025~~, the Task

19 Force shall publish a final report of its findings,

20 developments, and recommendations and after the publication of

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

22 shall, at a minimum, detail findings and recommendations

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

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1 (1) information and recommendations related to the

2 benefits of community-based corrections and specialty

3 courts; and

4 (2) the development and implementation of a new

5 community-based corrections program.

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

7 (1) the General Assembly; and

8 (2) the Offices of the Governor and Lieutenant

9 Governor.

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

11 Section 1-52. The Illinois Procurement Code is amended by

12 changing Section 30-30 as follows:

13 (30 ILCS 500/30-30)

14 Sec. 30-30. Design-bid-build construction.

15 (a) Except as provided in subsection (a-5), for building

16 construction contracts in excess of $250,000, separate

17 specifications may be prepared for all equipment, labor, and

18 materials in connection with the following 5 subdivisions of

19 the work to be performed:

20 (1) plumbing;

21 (2) heating, piping, refrigeration, and automatic

22 temperature control systems, including the testing and

23 balancing of those systems;

24 (3) ventilating and distribution systems for

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1 conditioned air, including the testing and balancing of

2 those systems;

3 (4) electric wiring; and

4 (5) general contract work.

5 Except as provided in subsection (a-5), the specifications

6 may be so drawn as to permit separate and independent bidding

7 upon each of the 5 subdivisions of work. All contracts awarded

8 for any part thereof may award the 5 subdivisions of work

9 separately to responsible and reliable persons, firms, or

10 corporations engaged in these classes of work. The contracts,

11 at the discretion of the construction agency, may be assigned

12 to the successful bidder on the general contract work or to the

13 successful bidder on the subdivision of work designated by the

14 construction agency before the bidding as the prime

15 subdivision of work, provided that all payments will be made

16 directly to the contractors for the 5 subdivisions of work

17 upon compliance with the conditions of the contract.

18 For single prime projects: (i) the bid of the successful

19 low bidder shall identify the name of the subcontractor, if

20 any, and the bid proposal costs for each of the 5 subdivisions

21 of work set forth in this Section; (ii) the contract entered

22 into with the successful bidder shall provide that no

23 identified subcontractor may be terminated without the written

24 consent of the Capital Development Board; (iii) the contract

25 shall comply with the disadvantaged business practices of the

26 Business Enterprise for Minorities, Women, and Persons with

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1 Disabilities Act and the equal employment practices of Section

2 2-105 of the Illinois Human Rights Act; and (iv) the Capital

3 Development Board shall submit an annual report to the General

4 Assembly and Governor on the bidding, award, and performance

5 of all single prime projects.

6 Until December 31, 2023, for building construction

7 projects with a total construction cost valued at $5,000,000

8 or less, the Capital Development Board shall not use the

9 single prime procurement delivery method for more than 50% of

10 the total number of projects bid for each fiscal year. Until

11 December 31, 2023, any project with a total construction cost

12 valued greater than $5,000,000 may be bid using single prime

13 at the discretion of the Executive Director of the Capital

14 Development Board.

15 For contracts entered into on or after January 1, 2024,

16 the Capital Development Board shall determine whether the

17 single prime procurement delivery method is to be pursued.

18 Before electing to use single prime on a project, the Capital

19 Development Board must make a written determination that must

20 include a description as to the particular advantages of the

21 single prime procurement method for that project and an

22 evaluation of the items in paragraphs (1) through (4). The

23 chief procurement officer must review the Capital Development

24 Board's determination and consider the adequacy of information

25 in paragraphs (1) through (4) to determine whether the Capital

26 Development Board may proceed with single prime. Approval by

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1 the chief procurement officer shall not be unreasonably

2 withheld. The following factors must be considered by the

3 chief procurement officer in any determination:

4 (1) The benefit that using the single prime

5 procurement method will have on the Capital Development

6 Board's ability to increase participation of

7 minority-owned firms, woman-owned firms, firms owned by

8 persons with a disability, and veteran-owned firms.

9 (2) The likelihood that single prime will be in the

10 best interest of the State by providing a material savings

11 of time or cost over the multiple prime delivery system.

12 The best interest of the State justification must show the

13 specific benefits of using the single prime method,

14 including documentation of the estimates or scheduling

15 impacts of any of the following: project complexity and

16 trade coordination required, length of project,

17 availability of skilled workforce, geographic area,

18 project timelines, project budget, ability to secure

19 minority, women, persons with disabilities and veteran

20 participation, or other information.

21 (3) The type and size of the project and its

22 suitability to the single prime procurement method.

23 (4) Whether the project will comply with the

24 underrepresented business and equal employment practices

25 of the State, as established in the Business Enterprise

26 for Minorities, Women, and Persons with Disabilities Act,

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1 Section 45-57 of this Code, and Section 2-105 of the

2 Illinois Human Rights Act.

3 If the chief procurement officer finds that the Capital

4 Development Board's written determination is insufficient, the

5 Capital Development Board shall have the opportunity to cure

6 its determination. Within 15 days of receiving approval from

7 the chief procurement officer, the Capital Development Board

8 shall provide an advisory copy of the written determination to

9 the Procurement Policy Board and the Commission on Equity and

10 Inclusion. The Capital Development Board must maintain the

11 full record of determination for 5 years.

12 (a-5) Beginning on the effective date of this amendatory

13 Act of the 104th ~~102nd~~ General Assembly and through December

14 31, 2026 ~~2025~~, for single prime projects in which a public

15 institution of higher education is a construction agency

16 awarding building construction contracts in excess of

17 $250,000, separate specifications may be prepared for all

18 equipment, labor, and materials in connection with the 5

19 subdivisions of work enumerated in subsection (a). Any public

20 institution of higher education contract awarded for any part

21 thereof may award 2 or more of the 5 subdivisions of work

22 together or separately to responsible and reliable persons,

23 firms, or corporations engaged in these classes of work if:

24 (i) the public institution of higher education has submitted

25 to the Procurement Policy Board and the Commission on Equity

26 and Inclusion a written notice that includes the reasons for

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1 using the single prime method and an explanation of why the use

2 of that method is in the best interest of the State and

3 arranges to have the notice posted on the institution's online

4 procurement webpage and its online procurement bulletin at

5 least 3 business days following submission to the Procurement

6 Policy Board and the Commission on Equity and Inclusion; (ii)

7 the successful low bidder has prequalified with the public

8 institution of higher education; (iii) the bid of the

9 successful low bidder identifies the name of the

10 subcontractor, if any, and the bid proposal costs for each of

11 the 5 subdivisions of work set forth in subsection (a); (iv)

12 the contract entered into with the successful bidder provides

13 that no identified subcontractor may be terminated without the

14 written consent of the public institution of higher education;

15 and (v) the successful low bidder has prequalified with the

16 University of Illinois or with the Capital Development Board.

17 For building construction projects with a total

18 construction cost valued at $20,000,000 or less, public

19 institutions of higher education shall not use the single

20 prime delivery method for more than 50% of the total number of

21 projects bid for each fiscal year. Projects with a total

22 construction cost valued at $20,000,000 or more may be bid

23 using the single prime delivery method at the discretion of

24 the public institution of higher education. With respect to

25 any construction project described in this subsection (a-5),

26 the public institution of higher education shall: (i) specify

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1 in writing as a public record that the project shall comply

2 with the Business Enterprise for Minorities, Women, and

3 Persons with Disabilities Act and the equal employment

4 practices of Section 2-105 of the Illinois Human Rights Act;

5 and (ii) report annually to the Governor, General Assembly,

6 Procurement Policy Board, and Auditor General on the bidding,

7 award, and performance of all single prime projects. On and

8 after the effective date of this amendatory Act of the 102nd

9 General Assembly, the public institution of higher education

10 may award in each fiscal year single prime contracts with an

11 aggregate total value of no more than $100,000,000. The Board

12 of Trustees of the University of Illinois may award in each

13 fiscal year single prime contracts with an aggregate total

14 value of not more than $300,000,000.

15 (b) For public institutions of higher education, the

16 provisions of this subsection are operative on and after

17 January 1, 2026. For building construction contracts in excess

18 of $250,000, separate specifications shall be prepared for all

19 equipment, labor, and materials in connection with the

20 following 5 subdivisions of the work to be performed:

21 (1) plumbing;

22 (2) heating, piping, refrigeration, and automatic

23 temperature control systems, including the testing and

24 balancing of those systems;

25 (3) ventilating and distribution systems for

26 conditioned air, including the testing and balancing of

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1 those systems;

2 (4) electric wiring; and

3 (5) general contract work.

4 The specifications must be so drawn as to permit separate

5 and independent bidding upon each of the 5 subdivisions of

6 work. All contracts awarded for any part thereof shall award

7 the 5 subdivisions of work separately to responsible and

8 reliable persons, firms, or corporations engaged in these

9 classes of work. The contracts, at the discretion of the

10 construction agency, may be assigned to the successful bidder

11 on the general contract work or to the successful bidder on the

12 subdivision of work designated by the construction agency

13 before the bidding as the prime subdivision of work, provided

14 that all payments will be made directly to the contractors for

15 the 5 subdivisions of work upon compliance with the conditions

16 of the contract.

17 (Source: P.A. 102-671, eff. 11-30-21; 102-1119, eff. 1-23-23;

18 103-570, eff. 1-1-24.)

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

20 changing Sections 221 and 231 as follows:

21 (35 ILCS 5/221)

22 Sec. 221. Rehabilitation costs; qualified historic

23 properties; River Edge Redevelopment Zone.

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

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

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

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

4 qualified expenditures incurred by a qualified taxpayer during

5 the taxable year in the restoration and preservation of a

6 qualified historic structure located in a River Edge

7 Redevelopment Zone pursuant to a qualified rehabilitation

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

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

10 purchase price of the property.

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

12 2018 and end 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 of this Act in an aggregate amount

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

16 taxpayer in the restoration and preservation of a qualified

17 historic structure located in a River Edge Redevelopment Zone

18 pursuant to a qualified rehabilitation plan, provided that the

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

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

21 historic structure on the first day the qualified

22 rehabilitation plan begins. For any rehabilitation project,

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

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

25 determined based on the aggregate amount of qualified

26 expenditures for the entire project and may include

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

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

3 rehabilitation plan spans multiple years, the aggregate credit

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

5 year, except for phased rehabilitation projects, which may

6 receive credits upon completion of each phase. Before

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

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

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

10 the qualified historic structure must be placed in service;

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

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

13 2021 and ending prior to January 1, 2029 ~~2027~~, there shall be

14 allowed a tax credit against the tax imposed by subsections

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

16 the River Edge Redevelopment Zone Act. The credit allowed

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

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

19 qualified rehabilitation plan.

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

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

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

23 carried forward and applied against the taxpayer's liability

24 in succeeding calendar years in the manner provided under

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

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

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

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

3 credit shall be applied first.

4 For partners, shareholders of Subchapter S corporations,

5 and owners of limited liability companies, if the liability

6 company is treated as a partnership for the purposes of

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

8 credit under this Section to be determined in accordance with

9 the determination of income and distributive share of income

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

11 Revenue Code.

12 The total aggregate amount of credits awarded under the

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

14 101st General Assembly) shall not exceed $20,000,000 in any

15 State fiscal year.

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

17 taxpayer must apply with the Department of Natural Resources.

18 The Department of Natural Resources shall determine the amount

19 of eligible rehabilitation costs and expenses in addition to

20 the amount of the River Edge construction jobs credit within

21 45 days of receipt of a complete application. The taxpayer

22 must submit a certification of costs prepared by an

23 independent certified public accountant that certifies (i) the

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

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

26 the adjusted basis of the qualified historic structure on the

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1 first day the qualified rehabilitation plan commenced. The

2 Department of Natural Resources is authorized, but not

3 required, to accept this certification of costs to determine

4 the amount of qualified expenditures and the amount of the

5 credit. The Department of Natural Resources shall provide

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

7 preparation of such certification. The Department of Natural

8 Resources and the National Park Service shall determine

9 whether the rehabilitation is consistent with the United

10 States Secretary of the Interior's Standards for

11 Rehabilitation.

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

13 complete application, the Department of Natural Resources

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

15 credits equal to 25% of qualified expenditures incurred during

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

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

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

19 100-629) and any phased credits issued prior to the eligible

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

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

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

23 certificate may be collected from the applicant to administer

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

25 fee shall be deposited into the Historic Property

26 Administrative Fund, a special fund created in the State

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1 treasury. Subject to appropriation, moneys in the Historic

2 Property Administrative Fund shall be provided to the

3 Department of Natural Resources as reimbursement for the costs

4 associated with administering this Section.

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

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

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

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

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

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

11 following the excess credit year.

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

13 Property Administrative Fund shall be used, on a biennial

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

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

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

17 assess the overall economic impact to the State from the

18 qualified rehabilitation projects under this Section completed

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

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

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

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

23 and property tax generation before, during construction, and

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

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

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

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

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

3 that the Clerk and the Secretary shall direct.

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

5 to implement this Section in addition to the rules expressly

6 authorized in this Section.

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

8 following meanings.

9 "Phased rehabilitation" means a project that is completed

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

11 Revenue Code and pursuant to National Park Service regulations

12 at 36 C.F.R. 67.

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

14 placed in a condition or state of readiness and availability

15 for a specifically assigned function as defined under Section

16 47 of the federal Internal Revenue Code and federal Treasury

17 Regulation Sections 1.46 and 1.48.

18 "Qualified expenditure" means all the costs and expenses

19 defined as qualified rehabilitation expenditures under Section

20 47 of the federal Internal Revenue Code that were incurred in

21 connection with a qualified historic structure.

22 "Qualified historic structure" means a certified historic

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

24 Internal Revenue Code.

25 "Qualified rehabilitation plan" means a project that is

26 approved by the Department of Natural Resources and the

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1 National Park Service as being consistent with the United

2 States Secretary of the Interior's Standards for

3 Rehabilitation.

4 "Qualified taxpayer" means the owner of the qualified

5 historic structure or any other person who qualifies for the

6 federal rehabilitation credit allowed by Section 47 of the

7 federal Internal Revenue Code with respect to that qualified

8 historic structure. Partners, shareholders of subchapter S

9 corporations, and owners of limited liability companies (if

10 the limited liability company is treated as a partnership for

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

12 a credit under this Section to be determined in accordance

13 with the determination of income and distributive share of

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

15 Internal Revenue Code, provided that credits granted to a

16 partnership, a limited liability company taxed as a

17 partnership, or other multiple owners of property shall be

18 passed through to the partners, members, or owners

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

20 agreement among the partners, members, or owners documenting

21 any alternate distribution method.

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

23 102-16, eff. 6-17-21.)

24 (35 ILCS 5/231)

25 Sec. 231. Apprenticeship education expense credit.

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1 (a) As used in this Section:

2 "Accredited training organization" means an organization

3 that:

4 (1) incurs costs related to training apprentice

5 employees;

6 (2) maintains an apprenticeship program approved by

7 the United States Department of Labor, Office of

8 Apprenticeships, that results in an industry-recognized

9 credential; and either

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

11 school in Illinois and is:

12 (A) an institution of higher education that

13 provides a program that leads to an

14 industry-recognized postsecondary credential or

15 degree;

16 (B) an entity that carries out programs that

17 are registered under the federal National

18 Apprenticeship Act; or

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

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

21 joint labor-management organization; or

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

23 secondary school in Illinois but receives preapproval from

24 the Department to receive tax credits under this Section.

25 "Department" means the Department of Commerce and Economic

26 Opportunity.

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

2 of the qualifying apprentice.

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

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

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

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

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

8 apprenticeship program which is registered with the United

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

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

11 "Qualified education expense" means the amount incurred on

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

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

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

15 that are directly related to training the apprentices and that

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

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

18 or organization where the apprentice receives training.

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

20 2020, and beginning on or before January 1, 2027 ~~January 1,~~

21 ~~2026~~, the employer of one or more qualifying apprentices shall

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

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

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

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

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

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1 201 of the Illinois Income Tax Act if (i) the qualifying

2 apprentice resides in an underserved area as defined in

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

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

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

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

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

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

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

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

11 partners, shareholders of Subchapter S corporations, and

12 owners of limited liability companies, if the liability

13 company is treated as a partnership for purposes of federal

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

15 under this Section to be determined in accordance with the

16 determination of income and distributive share of income under

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

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

19 partners and shareholders of subchapter S corporations are

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

21 251.

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

23 applicants for an apprenticeship credit under this Section.

24 Upon satisfactory review, the Department shall issue a tax

25 credit certificate to an employer incurring costs on behalf of

26 a qualifying apprentice stating the amount of the tax credit

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

2 tax credit for multiple qualifying apprentices, the Department

3 may issue a single tax credit certificate that encompasses the

4 aggregate total of tax credits for qualifying apprentices for

5 a single employer.

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

7 under the Civil Administrative Code of Illinois, is granted

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

9 out and effectuate the purposes and provisions of this

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

11 to:

12 (1) Adopt rules deemed necessary and appropriate for

13 the administration of this Section; establish forms for

14 applications, notifications, contracts, or any other

15 agreements; and accept applications at any time during the

16 year and require that all applications be submitted via

17 the Internet. The Department shall require that

18 applications be submitted in electronic form.

19 (2) Provide guidance and assistance to applicants

20 pursuant to the provisions of this Section and cooperate

21 with applicants to promote, foster, and support job

22 creation within the State.

23 (3) Enter into agreements and memoranda of

24 understanding for participation of and engage in

25 cooperation with agencies of the federal government, units

26 of local government, universities, research foundations or

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1 institutions, regional economic development corporations,

2 or other organizations for the purposes of this Section.

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

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

5 without limitation, gathering information with respect to

6 applicants for the purpose of making any designations or

7 certifications necessary or desirable or to gather

8 information in furtherance of the purposes of this Act.

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

10 agreement, or other document with any person necessary or

11 appropriate to accomplish the purposes of this Section,

12 and consent, subject to the provisions of any agreement

13 with another party, to the modification or restructuring

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

15 (6) Provide for sufficient personnel to permit

16 administration, staffing, operation, and related support

17 required to adequately discharge its duties and

18 responsibilities described in this Section from funds made

19 available through charges to applicants or from funds as

20 may be appropriated by the General Assembly for the

21 administration of this Section.

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

23 any necessary authorization to the appropriate federal,

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

25 release to the Department of information requested by the

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

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

2 to the amount of credit allowable under this Section.

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

4 keep proper books of record and account in accordance with

5 generally accepted accounting principles consistently

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

7 agreement in the custody or control of the applicant open

8 for reasonable Department inspection and audits,

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

10 books, records, or papers.

11 (9) Take whatever actions are necessary or appropriate

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

13 bankruptcy, default, foreclosure, or noncompliance with

14 the terms and conditions of financial assistance or

15 participation required under this Section or any agreement

16 entered into under this Section, including the power to

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

18 conditions determined by the Department to be appropriate,

19 real or personal property that the Department may recover

20 as a result of these actions.

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

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

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

24 this Section for qualified education expenses incurred by an

25 employer on behalf of a qualifying apprentice shall be limited

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

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

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

3 completed application for a certificate of eligibility is

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

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

6 the time of submission for that particular day.

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

8 credit awarded under this Section to another person or

9 taxpayer.

10 (g) The employer shall provide the Department such

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

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

13 each qualifying apprentice employed by the taxpayer during the

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

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

16 the name of the accredited training organization at which the

17 qualifying apprentice is enrolled and the qualified education

18 expenses are incurred.

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

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

21 credit certificates awarded under this Section for the prior

22 calendar year. The report must include:

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

24 credit;

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

26 employer has incurred qualified education expenses;

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1 (3) the North American Industry Classification System

2 (NAICS) code applicable to each employer awarded or

3 allocated a credit;

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

5 each employer;

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

7 a credit;

8 (6) the total number of qualifying apprentices for

9 whom employers receiving credits under this Section

10 incurred qualified education expenses; and

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

12 apprenticeships receiving credits under this Section.

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

14 104-6, eff. 6-16-25.)

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

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

17 (55 ILCS 5/3-5010.8)

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

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

20 program.

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

22 expired mechanics liens on residential property, which cloud

23 title to property, are a rapidly growing problem throughout

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

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

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

3 process to demand and refer mechanics liens that have been

4 recorded but not litigated or released in accordance with the

5 Mechanics Lien Act to an administrative law judge for

6 resolution or demand that the lienholder commence suit or

7 forfeit the lien.

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

9 "Demand to Commence Suit" means the written demand

10 specified in Section 34 of the Mechanics Lien Act.

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

12 this Section.

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

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

15 informing the property owner of an expired lien.

16 "Notice of Referral" means the document referring a

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

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

19 Section.

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

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

22 determination as to whether a recorded mechanics lien is

23 valid.

24 "Residential property" means real property improved with

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

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

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1 the common elements allocated to the exclusive use of the

2 condominium unit that form an integral part of the condominium

3 unit and any parking unit or units specified by the

4 declaration to be allocated to a specific residential

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

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

7 single-family residence. If a declaration of condominium

8 ownership provides for individually owned and transferable

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

10 parking unit of a specified residential condominium unit

11 unless the parking unit is included in the legal description

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

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

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

15 code hearing unit may adopt rules establishing a mechanics

16 lien demand and referral process for residential property. A

17 recorder shall provide public notice 90 days before the public

18 hearing. The notice shall include a statement of the

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

20 referral process and shall be published in a newspaper of

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

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

23 offices.

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

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

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

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

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

3 The owner or legal representative of the owner of the

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

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

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

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

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

9 Demand to Commence Suit.

10 For the purposes of this Section, a recorder shall

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

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

13 counterclaim has not been filed by the lienholder within 2

14 years after the completion date of the contract as specified

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

16 increased to the extent that an automatic stay under Section

17 362(a) of the United States Bankruptcy Code stays a suit or

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

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

20 completion date is the date of recording of the mechanics

21 lien.

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

23 confirmation that the lien is not involved in pending

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

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

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

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

2 that the Secretary of State assist in providing registered

3 agent information or obtain information from the Secretary of

4 State's registered business database when the recorder seeks

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

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

7 designee, shall provide the last known address or registered

8 agent information for a lienholder who is incorporated or

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

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

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

12 corresponding document number and the date of demand. The

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

14 Secretary of State regarding a Demand to Commence suit

15 determined to involve a company, corporation, or business

16 registered with that office.

17 When the lienholder commences a suit or files an answer

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

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

20 34 of the Mechanics Lien Act, then the demand and referral

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

22 service under this Section is responded to consistent with

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

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

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

26 recorder may proceed under subsection (f).

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

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

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

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

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

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

7 Notice of Referral by certified mail to the lienholder using

8 information included in the recorded mechanics lien or the

9 last known address or registered agent received from the

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

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

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

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

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

15 index identifying the mechanics lien and include the

16 corresponding document number. The Notice of Referral shall

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

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

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

20 Secretary of State regarding a referral determined to involve

21 a company, corporation, or business registered with that

22 office.

23 No earlier than 30 business days after the date the

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

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

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

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

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

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

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

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

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

7 Referral.

8 If the recorder shows by clear and convincing evidence

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

10 administrative law judge shall rule the lien is forfeited

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

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

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

14 in this subsection. Upon receiving judgment of a forfeited

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

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

17 index.

18 If the administrative law judge finds the lien is not

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

20 after receiving notice of the decision of the administrative

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

22 or the grantee's index.

23 A decision by an administrative law judge is reviewable

24 under the Administrative Review Law, and nothing in this

25 Section precludes a property owner or lienholder from

26 proceeding with a civil action to resolve questions concerning

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1 a mechanics lien.

2 A lienholder or property owner may remove the action from

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

4 subsection (i).

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

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

7 a final administrative decision that is subject to review

8 under the Administrative Review Law by the circuit court of

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

10 review by the circuit court shall be consistent with the

11 Administrative Review Law.

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

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

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

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

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

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

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

19 of a lien under this Section.

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

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

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

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

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

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

26 property to use the mechanics lien demand and referral process

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1 created by this Section.

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

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

4 final decision of the administrative law judge by delivering a

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

6 administrative law judge. Upon receipt of the certified

7 notice, the administrative law judge shall dismiss the matter

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

9 then the demand and referral process is completed for the

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

11 removed matter without deciding on whether the lien is expired

12 and without prejudice, the recorder may reinstitute the demand

13 and referral process under subsection (d).

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

15 ~~January 1, 2026~~.

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

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

18 (55 ILCS 5/5-41065)

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

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

21 adjudication.

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

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

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

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

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

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

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

4 of the 100th General Assembly to adjudicate all referrals

5 concerning mechanics liens under Section 3-5010.8.

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

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

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

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

10 shall be removed to the proper circuit court with

11 jurisdiction.

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

13 ~~2026~~.

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

15 (55 ILCS 5/5-43043)

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

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

18 adjudication.

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

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

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

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

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

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

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

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1 of the 100th General Assembly to adjudicate all referrals

2 concerning mechanics liens under Section 3-5010.8.

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

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

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

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

7 shall be removed to the proper circuit court with

8 jurisdiction.

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

10 ~~2026~~.

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

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

13 amended by changing Sections 20 and 25 as follows:

14 (70 ILCS 1235/20)

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

16 Sec. 20. Elliot Golf Course.

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

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

19 containing the former Elliot Golf Course or other property

20 adjacent thereto if:

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

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

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

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

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1 independent appraisals commissioned by the Rockford Park

2 District.

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

4 multiple independent transactions and to one or more buyers.

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

6 shall have the right to review any proposed development plan

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

8 properties described in this Section in order to confirm that

9 the proposed development plan does not adversely impact

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

11 described in the perpetual flowage easement recorded as

12 Document Number 9509260 in the Office of the Winnebago County

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

14 City of Rockford shall complete its review of any proposed

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

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

17 Valley.

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

19 ~~2026~~.

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

21 (70 ILCS 1235/25)

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

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

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

25 Park District may sell Splash Station if:

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

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

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

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

5 independent appraisals commissioned by the Joliet Park

6 District.

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

8 ~~2026~~.

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

10 Article 5.

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

12 changing Section 9 as follows:

13 (5 ILCS 70/9)

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

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

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

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

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

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

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

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

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

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

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

2 date the Governor approves the bill, the General Assembly

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

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

5 calendar days after it is presented to the Governor.

6 Any action taken in reliance on the continuous effect of

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

8 hereby validated.

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

10 Article 10.

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

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

13 follows:

14 (10 ILCS 5/1-21.5 new)

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

16 Elections and Infrastructure Integrity Task Force.

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

18 (1) The Illinois Elections and Infrastructure

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

20 effective December 21, 2022, through the addition of

21 Section 1-22 to this Code.

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

23 102-1108, Section 1-22 contained a subsection (d), which

24 provided for the dissolution of the Illinois Elections and

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1 Infrastructure Integrity Task Force and the repeal of

2 Section 1-22 on June 1, 2025.

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

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

5 Election Code by extending the date for the dissolution of

6 the Illinois Elections and Infrastructure Integrity Task

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

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

9 June 16, 2025.

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

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

12 states that these rules will not be observed when the

13 result would be "inconsistent with the manifest intent of

14 the General Assembly or repugnant to the context of the

15 statute".

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

17 Senate Bill 2456 clearly manifested the intention of the

18 General Assembly to extend the date for the dissolution of

19 the Illinois Elections and Infrastructure Integrity Task

20 Force and the repeal of Section 1-22.

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

22 the dissolution of the Illinois Elections and

23 Infrastructure Integrity Task Force and the repeal of

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

25 the manifest intent of the General Assembly.

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

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LRB104 08139 SPS 29470 a

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

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

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

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

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

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

7 to have been in continuous effect since its original effective

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

9 repealed.

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

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

12 any other person or entity are validated.

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

14 Elections and Infrastructure Integrity Task Force, Section

15 1-22 is set forth in full and re-enacted by this amendatory Act

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

17 as a continuation of the Illinois Elections and Infrastructure

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

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

20 General Assembly.

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

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

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

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

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

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

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

2 amendatory Act.

3 (10 ILCS 5/1-22)

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

5 Integrity Task Force.

6 (a) The Illinois Elections and Infrastructure Integrity

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

8 following members:

9 (1) 4 members appointed one each by the Speaker of the

10 House of Representatives, the Minority Leader of the House

11 of Representatives, the President of the Senate, and the

12 Minority Leader of the Senate;

13 (2) one member with subject matter expertise regarding

14 cybersecurity, appointed by the Minority Leader of the

15 House of Representatives;

16 (3) one member with subject matter expertise regarding

17 voting technology or election integrity, appointed by the

18 Speaker of the House;

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

20 experience in operational cybersecurity, preferably

21 international operational cybersecurity, appointed by the

22 President of the Senate;

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

24 of the Senate;

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

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

2 (7) the county clerk of Cook County;

3 (8) one election administrator, appointed by the

4 Governor;

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

6 Elections or the Executive Director's designee;

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

8 designee;

9 (11) the Director of the Illinois Emergency Management

10 Agency or the Director's designee;

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

12 Secretary's designee; and

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

14 designee.

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

16 to prepare for and prevent foreign interference in elections

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

18 State and to prepare for and prevent potential cyberattacks on

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

20 Force shall prioritize the security of all Illinois residents

21 and cooperation with other states and with law enforcement to

22 protect United States national sovereignty. The Task Force

23 shall submit a report containing its findings and

24 recommendations to the Governor and the General Assembly not

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

26 report evaluating the 2024 election to the Governor and the

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1 General Assembly not later than March 1, 2027 ~~2025~~.

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

3 administrative support to the Task Force.

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

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

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

7 Article 15.

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

9 reenacting and changing Article 33G as follows:

10 (720 ILCS 5/Art. 33G heading)

11 ARTICLE 33G. ILLINOIS STREET GANG

12 AND RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS LAW

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

14 (720 ILCS 5/33G-1)

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

16 Illinois Street Gang and Racketeer Influenced and Corrupt

17 Organizations Law (or "RICO").

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

19 (720 ILCS 5/33G-2)

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

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

22 violent street gangs and other forms of enterprise

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

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

3 from that criminal activity and to be given adequate remedies

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

5 provide inadequate remedies, procedures and punishments, the

6 Illinois General Assembly hereby gives the supplemental

7 remedies of the Illinois Street Gang and Racketeer Influenced

8 and Corrupt Organizations Law full force and effect under law

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

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

11 (720 ILCS 5/33G-3)

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

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

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

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

16 or possession of the United States, or any political

17 subdivision, or any department, agency, or instrumentality

18 thereof.

19 (b) "Enterprise" includes:

20 (1) any partnership, corporation, association,

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

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

23 or any combination thereof, associated in fact although

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

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

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

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

3 must:

4 (A) have an ongoing organization or structure,

5 either formal or informal;

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

7 as a continuing unit, even if the group changes

8 membership by gaining or losing members over time; and

9 (C) have an ascertainable structure distinct from

10 that inherent in the conduct of a pattern of predicate

11 activity.

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

13 illicit enterprises.

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

15 union, craft union, or any voluntary unincorporated

16 association designed to further the cause of the rights of

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

18 part, of collective bargaining or of dealing with employers

19 concerning grievances, terms or conditions of employment, or

20 apprenticeships or applications for apprenticeships, or of

21 other mutual aid or protection in connection with employment,

22 including apprenticeships or applications for apprenticeships.

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

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

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

26 director, supervisor, financier, advisor, recruiter, supplier,

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

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

3 felony or higher and constitutes a violation or violations of

4 any of the following provisions of the laws of the State of

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

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

7 that charges under this Article are filed in a particular

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

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

10 Class 2 felony or higher in this State:

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

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

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

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

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

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

17 (trafficking in persons, involuntary servitude, and

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

19 11-1.30 (aggravated criminal sexual assault), 11-1.40

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

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

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

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

24 prostitution), 11-14.4 (promoting commercial sexual

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

26 exploited child; patronizing a sexually exploited child),

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1 12-3.05 (aggravated battery), 12-6.4 (criminal street gang

2 recruitment), 12-6.5 (compelling organization membership

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

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

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

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

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

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

9 19-3 (residential burglary), 20-1 (arson; residential

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

11 20-1.2 (residential arson), 20-1.3 (place of worship

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

13 24-1.2-5 (aggravated discharge of a machine gun or

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

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

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

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

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

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

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

21 29D-20 (making a terrorist threat), 29D-25 (falsely making

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

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

24 31A-1.2 (unauthorized contraband in a penal institution),

25 or 33A-3 (armed violence);

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

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

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

3 plants), provided the offense either involves more than

4 500 grams of any substance containing cannabis or involves

5 more than 50 cannabis sativa plants;

6 (3) under the Illinois Controlled Substances Act:

7 Sections 401 (manufacture or delivery of a controlled

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

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

10 gang criminal drug conspiracy); or

11 (4) under the Methamphetamine Control and Community

12 Protection Act: Sections 15 (methamphetamine

13 manufacturing), or 55 (methamphetamine delivery).

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

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

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

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

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

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

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

21 or have other similar distinguishing characteristics, or

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

23 continuity between acts if they are ongoing over a

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

25 some entity does business or conducts its affairs; and

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

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

2 (excluding any period of imprisonment) after the first

3 occurrence of predicate activity.

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

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

6 9-1 (first degree murder) or 9-2 (second degree murder).

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

8 (720 ILCS 5/33G-4)

9 Sec. 33G-4. Prohibited activities.

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

11 participates in the operation or management of an enterprise,

12 directly or indirectly, to:

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

14 pattern of predicate activity;

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

16 or

17 (3) knowingly conspire to violate this Article.

18 Notwithstanding any other provision of law, in any

19 prosecution for a conspiracy to violate this Article, no

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

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

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

23 commission of the overt act need not itself constitute

24 predicate activity underlying the specific violation of this

25 Article.

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

2 maintain, directly or indirectly, through a pattern of

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

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

5 any character, including money.

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

7 unlawful any activity which is arguably protected or

8 prohibited by the National Labor Relations Act, the Illinois

9 Educational Labor Relations Act, the Illinois Public Labor

10 Relations Act, or the Railway Labor Act.

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

12 of those organizations acting in his or her official capacity

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

14 this Article:

15 (1) a labor organization; or

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

17 I of the Standard Industrial Classification as established

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

19 Department of Labor.

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

21 convicted and sentenced either:

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

23 Article, and for any other particular offense or offenses

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

25 this Article; or

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

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1 any other particular offense or offenses that may

2 constitute predicate activity underlying a violation of

3 this Article.

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

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

6 or her absence or disability, may authorize a criminal

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

8 authorizing a criminal prosecution under this Article, the

9 State's Attorney shall adopt rules and procedures governing

10 the investigation and prosecution of any offense enumerated in

11 this Article. These rules and procedures shall set forth

12 guidelines which require that any potential prosecution under

13 this Article be subject to an internal approval process in

14 which it is determined, in a written prosecution memorandum

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

16 prosecution under this Article is necessary to ensure that the

17 indictment adequately reflects the nature and extent of the

18 criminal conduct involved in a way that prosecution only on

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

20 prosecution under this Article would provide the basis for an

21 appropriate sentence under all the circumstances of the case

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

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

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

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

26 criminal prosecution under this Article prior to reviewing the

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1 prepared written prosecution memorandum. However, any internal

2 memorandum shall remain protected from disclosure under the

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

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

5 does it subject the exercise of prosecutorial discretion to

6 judicial review.

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

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

9 agent of the labor organization are exempt from prosecution

10 under this Article.

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

12 (720 ILCS 5/33G-5)

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

14 any other provision of law:

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

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

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

18 years, or the sentence applicable to the underlying predicate

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

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

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

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

23 higher.

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

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

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

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

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

4 any, whichever is higher.

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

6 results as a necessary or natural consequence of any violation

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

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

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

10 the court, provided:

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

12 the defendant to be sentenced; and

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

14 was otherwise engaged in the violation of this Article as

15 a whole.

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

17 conditional discharge, impact incarceration or county impact

18 incarceration, court supervision, withheld adjudication, or

19 any pretrial diversionary sentence or suspended sentence, is

20 not authorized for a violation of this Article.

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

22 (720 ILCS 5/33G-6)

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

24 forfeiture.

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

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1 jurisdiction to prevent and restrain violations of this

2 Article by issuing appropriate orders, including:

3 (1) ordering any person to disgorge illicit proceeds

4 obtained by a violation of this Article or divest himself

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

6 enterprise or real or personal property of any character,

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

8 violation of this Article;

9 (2) imposing reasonable restrictions on the future

10 activities or investments of any person or enterprise,

11 including prohibiting any person or enterprise from

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

13 enterprise engaged in, that violated this Article; or

14 (3) ordering dissolution or reorganization of any

15 enterprise, making due provision for the rights of

16 innocent persons.

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

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

19 29B of this Code.

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

21 subject to reporting under the Seizure and Forfeiture

22 Reporting Act.

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

24 101-81, eff. 7-12-19.)

25 (720 ILCS 5/33G-7)

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

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

3 applicable model jury instructions set forth in the Federal

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

5 Title IX of Public Law 91-452, 84 Stat. 922 (as amended in

6 Title 18, United States Code, Sections 1961 through 1968),

7 except to the extent that they are inconsistent with the plain

8 language of this Article.

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

10 (720 ILCS 5/33G-8)

11 Sec. 33G-8. Limitations. Under this Article,

12 notwithstanding any other provision of law, but otherwise

13 subject to the periods of exclusion from limitation as

14 provided in Section 3-7 of this Code, the following

15 limitations apply:

16 (a) Any action, proceeding, or prosecution brought under

17 this Article must commence within 5 years of one of the

18 following dates, whichever is latest:

19 (1) the date of the commission of the last occurrence

20 of predicate activity in a pattern of that activity, in

21 the form of an act underlying the alleged violation of

22 this Article; or

23 (2) in the case of an action, proceeding, or

24 prosecution, based upon a conspiracy to violate this

25 Article, the date that the last objective of the alleged

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1 conspiracy was accomplished, defeated or abandoned

2 (whichever is later); or

3 (3) the date any minor victim of the violation attains

4 the age of 18 years or the date any victim of the violation

5 subject to a legal disability thereafter gains legal

6 capacity.

7 (b) Any action, proceeding, or prosecution brought under

8 this Article may be commenced at any time against all

9 defendants if the conduct of any defendant, or any part of the

10 overall violation, resulted in the unlawful death of any

11 person or persons.

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

13 (720 ILCS 5/33G-9)

14 Sec. 33G-9. Repeal. This Article is repealed on July ~~June~~

15 1, 2027.

16 (Source: P.A. 102-918, eff. 5-27-22; 103-4, eff. 5-31-23;

17 104-10, eff. 6-16-25.)

18 (720 ILCS 5/33G-10 new)

19 Sec. 33G-10. Continuation and validation of Illinois

20 Street Gang and Racketeer Influenced and Corrupt Organizations

21 Law.

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

23 (1) When Article 33G was added to this Code by Public

24 Act 97-686, it contained a Section 33G-9, which specified

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1 that Article 33G was repealed 5 years after June 11, 2012,

2 the effective date of Public Act 97-686.

3 (2) As a result of several subsequent enactments,

4 including Public Act 103-4, the repeal date of Article 33G

5 was extended to June 1, 2025.

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

7 included a provision that further extended the repeal date

8 of Article 33G from June 1, 2025 to June 1, 2027, but

9 Senate Bill 2456 did not become law until June 16, 2025.

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

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

12 states that these rules will not be observed when the

13 result would be "inconsistent with the manifest intent of

14 the General Assembly or repugnant to the context of the

15 statute".

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

17 Senate Bill 2456 clearly manifested the intention of the

18 General Assembly to extend the date for the repeal of

19 Article 33G of this Code.

20 (6) Any construction of Section 33G-9 that results in

21 the repeal of Article 33G of this Code on June 1, 2025

22 would be inconsistent with the manifest intent of the

23 General Assembly.

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

25 Assembly that Article 33G of this Code should not be subject to

26 repeal on June 1, 2025 and that the repeal date of Article 33G

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

2 (c) Article 33G, therefore, shall not be subject to repeal

3 on June 1, 2025 and, instead, shall be deemed to have been in

4 continuous effect since its original effective date and shall

5 remain in effect until it is otherwise lawfully repealed.

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

7 Article 33G by any officer or agency of State government or any

8 other person or entity are validated.

9 (e) To ensure the continuing effectiveness of Article 33G

10 of this Code, Article 33G is set forth in full and re-enacted

11 by this amendatory Act of the 104th General Assembly. This

12 re-enactment is intended as a continuation of Article 33G. It

13 is not intended to supersede any amendment to Article 33G that

14 is enacted by the General Assembly.

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

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

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

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

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

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

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

22 amendatory Act.

23 Article 20.

24 Section 20-5. The Eminent Domain Act is amended by adding

25 Section 25-5-104.5 and by reenacting and changing Section

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1 25-5-105 as follows:

2 (735 ILCS 30/25-5-104.5 new)

3 Sec. 25-5-104.5. Continuation and validation of quick-take

4 powers; Menard County; Athens Blacktop.

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

6 (1) When Section 25-5-105 was added to this Act by

7 Public Act 103-3, it contained a provision that called for

8 Section 25-5-105 to be repealed May 31, 2023, which was 2

9 years after the effective date of Public Act 103-3.

10 (2) As a result of the enactment of Public Act

11 103-605, the repeal date of Section 25-5-105 was extended

12 to May 31, 2025.

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

14 included a provision that further extended the repeal date

15 of Section 25-5-105 from May 31, 2025 to May 31, 2026, but

16 Senate Bill 2456 did not become law until June 16, 2025.

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

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

19 states that these rules will not be observed when the

20 result would be "inconsistent with the manifest intent of

21 the General Assembly or repugnant to the context of the

22 statute".

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

24 Senate Bill 2456 clearly manifested the intention of the

25 General Assembly to extend the date for the repeal of

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1 Section 25-5-105.

2 (6) Any construction of Section 25-5-105 that results

3 in the repeal of Section 25-5-105 on May 31, 2025 would be

4 inconsistent with the manifest intent of the General

5 Assembly.

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

7 Assembly that Section 25-5-105 should not be subject to repeal

8 on May 31, 2025 and that the repeal date of Section 25-5-105

9 should be further extended to July 1, 2027.

10 (c) Section 25-5-105 of this Act, therefore, shall not be

11 subject to repeal on May 31, 2025 and, instead, shall be deemed

12 to have been in continuous effect since its original effective

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

14 repealed.

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

16 Section 25-5-105 by any officer or agency of State government

17 or any other person or entity are validated.

18 (e) To ensure the continuing effectiveness of Section

19 25-5-105, Section 25-5-105 is set forth in full and re-enacted

20 by this amendatory Act of the 104th General Assembly. This

21 re-enactment is intended as a continuation of Section

22 25-5-105. It is not intended to supersede any amendment to

23 Section 25-5-105 that is enacted by the General Assembly.

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

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

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

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LRB104 08139 SPS 29470 a

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

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

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

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

5 amendatory Act.

6 (735 ILCS 30/25-5-105)

7 Sec. 25-5-105. Quick-take; Menard County; Athens Blacktop.

8 (a) Quick-take proceedings under Article 20 may be used

9 for a period of one year after May 31, 2025 (2 years after the

10 effective date of Public Act 103-3) by Menard County for the

11 acquisition of the following described property for the

12 purpose of reconstructing the Athens Blacktop corridor.

13 Route: FAS 574/Athens Blacktop Road

14 County: Menard

15 Parcel No.: D-18

16 P.I.N. No.: 12-28-400-006

17 Section: 09-00056-05-EG

18 Station: RT 181+94.77

19 Station: RT 188+48.97

20 A part of the Southeast Quarter of Section 28,

21 Township 18 North, Range 6 West of the Third Principal

22 Meridian, described as follows:

23 Commencing at the Northeast corner of the Southeast

24 Quarter of said Section 28; thence South 89 degrees 42

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1 minutes 06 seconds West along the north line of the

2 Southeast Quarter of said Section 28, a distance of 669.81

3 feet to the northeast parcel corner and the point of

4 beginning; thence South 02 degrees 24 minutes 13 seconds

5 East along the east parcel line, 80.48 feet; thence South

6 72 degrees 55 minutes 03 seconds West, 103.39 feet; thence

7 South 89 degrees 43 minutes 40 seconds West, 150.00 feet;

8 thence North 86 degrees 08 minutes 49 seconds West, 405.10

9 feet to the west parcel line; thence North 01 degree 06

10 minutes 28 seconds West along said line, 80.89 feet to the

11 north line of the Southeast Quarter of said Section 28;

12 thence North 89 degrees 42 minutes 06 seconds East along

13 said line, 651.20 feet to the point of beginning,

14 containing 0.860 acres, more or less of new right of way

15 and 0.621 acres, more or less of existing right of way.

16 Route: FAS 574/Athens Blacktop Road

17 County: Menard

18 Parcel No.: D-19

19 P.I.N. No.: 12-28-400-007

20 Section: 09-00056-05-EG

21 Station: RT 188+46.59

22 Station: RT 191+17.37

23 A part of the Southeast Quarter of Section 28,

24 Township 18 North, Range 6 West of the Third Principal

25 Meridian, described as follows:

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1 Commencing at the Northeast corner of the Southeast

2 Quarter of said Section 28; thence South 89 degrees 42

3 minutes 06 seconds West along the north line of the

4 Southeast Quarter of said Section 28, a distance of 399.89

5 feet to the northeast parcel corner and the point of

6 beginning; thence South 01 degree 10 minutes 54 seconds

7 East along the east parcel line, 92.67 feet; thence South

8 80 degrees 35 minutes 32 seconds West, 17.59 feet; thence

9 South 89 degrees 43 minutes 40 seconds West, 75.00 feet;

10 thence North 00 degrees 16 minutes 20 seconds West, 45.45

11 feet to the existing southerly right of way line of Athens

12 Blacktop Road (FAS 574); thence South 89 degrees 42

13 minutes 25 seconds West along said line, 75.00 feet;

14 thence South 72 degrees 55 minutes 03 seconds West, 105.54

15 feet to the west parcel line; thence North 02 degrees 24

16 minutes 13 seconds West along said line, 80.48 feet to the

17 north line of the Southeast Quarter of said Section 28;

18 thence North 89 degrees 42 minutes 06 seconds East along

19 said line, 269.92 feet to the point of beginning,

20 containing 0.137 acres, more or less of new right of way

21 and 0.303 acres, more or less of existing right of way.

22 (b) This Section is repealed July 1, 2027 ~~May 31, 2026 (3~~

23 ~~years after the effective date of Public Act 103-3)~~.

24 (Source: P.A. 103-3, eff. 5-31-23; 103-605, eff. 7-1-24;

25 104-10, eff. 6-16-25)

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1 Article 25.

2 Section 25-5. The Election Code is amended by changing

3 Section 10-6 as follows:

4 (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)

5 Sec. 10-6. Time and manner of filing. Except as otherwise

6 provided in this Code, certificates of nomination and

7 nomination papers for the nomination of candidates for offices

8 to be filled by electors of the entire State, or any district

9 not entirely within a county, or for congressional, state

10 legislative or judicial offices, shall be presented to the

11 principal office of the State Board of Elections not more than

12 169 nor less than 162 days previous to the day of election for

13 which the candidates are nominated. The State Board of

14 Elections shall endorse the certificates of nomination or

15 nomination papers, as the case may be, and the date and hour of

16 presentment to it. Except as otherwise provided in this Code,

17 all other certificates for the nomination of candidates shall

18 be filed with the county clerk of the respective counties not

19 more than 169 but at least 162 days previous to the day of such

20 election. Certificates of nomination and nomination papers for

21 the nomination of candidates for school district offices to be

22 filled at consolidated elections shall be filed with the

23 county clerk or county board of election commissioners of the

24 county in which the principal office of the school district is

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1 located not more than 141 nor less than 134 days before the

2 consolidated election. Except as otherwise provided in this

3 Code, certificates of nomination and nomination papers for the

4 nomination of candidates for the other offices of political

5 subdivisions to be filled at regular elections other than the

6 general election shall be filed with the local election

7 official of such subdivision:

8 (1) (blank);

9 (2) not more than 141 nor less than 134 days prior to

10 the consolidated election; or

11 (3) not more than 141 nor less than 134 days prior to

12 the general primary in the case of municipal offices to be

13 filled at the general primary election; or

14 (4) not more than 127 nor less than 120 days before the

15 consolidated primary in the case of municipal offices to

16 be elected on a nonpartisan basis pursuant to law

17 (including, without limitation, those municipal offices

18 subject to Articles 4 and 5 of the Municipal Code); or

19 (5) not more than 141 nor less than 134 days before the

20 municipal primary in even numbered years for such

21 nonpartisan municipal offices where annual elections are

22 provided; or

23 (6) in the case of petitions for the office of

24 multi-township assessor, such petitions shall be filed

25 with the election authority not more than 141 ~~113~~ nor less

26 than 134 days before the consolidated election.

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1 However, where a political subdivision's boundaries are

2 co-extensive with or are entirely within the jurisdiction of a

3 municipal board of election commissioners, the certificates of

4 nomination and nomination papers for candidates for such

5 political subdivision offices shall be filed in the office of

6 such Board.

7 (Source: P.A. 102-15, eff. 6-17-21; 103-600, eff. 7-1-24.)

8 Section 25-10. The Illinois Municipal Code is amended by

9 changing Section 3.1-10-50 as follows:

10 (65 ILCS 5/3.1-10-50)

11 Sec. 3.1-10-50. Events upon which an elective office

12 becomes vacant in municipality with population under 500,000.

13 (a) Vacancy by resignation. A resignation is not effective

14 unless it is in writing, signed by the person holding the

15 elective office, and notarized.

16 (1) Unconditional resignation. An unconditional

17 resignation by a person holding the elective office may

18 specify a future date, not later than 60 days after the

19 date the resignation is received by the officer authorized

20 to fill the vacancy, at which time it becomes operative,

21 but the resignation may not be withdrawn after it is

22 received by the officer authorized to fill the vacancy.

23 The effective date of a resignation that does not specify

24 a future date at which it becomes operative is the date the

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1 resignation is received by the officer authorized to fill

2 the vacancy. The effective date of a resignation that has

3 a specified future effective date is that specified future

4 date or the date the resignation is received by the

5 officer authorized to fill the vacancy, whichever date

6 occurs later.

7 (2) Conditional resignation. A resignation that does

8 not become effective unless a specified event occurs can

9 be withdrawn at any time prior to the occurrence of the

10 specified event, but if not withdrawn, the effective date

11 of the resignation is the date of the occurrence of the

12 specified event or the date the resignation is received by

13 the officer authorized to fill the vacancy, whichever date

14 occurs later.

15 (3) Vacancy upon the effective date. For the purpose

16 of determining the time period that would require an

17 election to fill the vacancy by resignation or the

18 commencement of the 60-day time period referred to in

19 subsection (e), the resignation of an elected officer is

20 deemed to have created a vacancy as of the effective date

21 of the resignation.

22 (4) Duty of the clerk. If a resignation is delivered

23 to the clerk of the municipality, the clerk shall forward

24 a certified copy of the written resignation to the

25 official who is authorized to fill the vacancy within 7

26 business days after receipt of the resignation.

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1 (b) Vacancy by death or disability. A vacancy occurs in an

2 office by reason of the death of the incumbent. The date of the

3 death may be established by the date shown on the death

4 certificate. A vacancy occurs in an office by permanent

5 physical or mental disability rendering the person incapable

6 of performing the duties of the office. The corporate

7 authorities have the authority to make the determination

8 whether an officer is incapable of performing the duties of

9 the office because of a permanent physical or mental

10 disability. A finding of mental disability shall not be made

11 prior to the appointment by a court of a guardian ad litem for

12 the officer or until a duly licensed doctor certifies, in

13 writing, that the officer is mentally impaired to the extent

14 that the officer is unable to effectively perform the duties

15 of the office. If the corporate authorities find that an

16 officer is incapable of performing the duties of the office

17 due to permanent physical or mental disability, that person is

18 removed from the office and the vacancy of the office occurs on

19 the date of the determination.

20 (c) Vacancy by other causes.

21 (1) Abandonment and other causes. A vacancy occurs in

22 an office by reason of abandonment of office; removal from

23 office; or failure to qualify; or more than temporary

24 removal of residence from the municipality; or in the case

25 of an alderperson of a ward or councilman or trustee of a

26 district, more than temporary removal of residence from

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1 the ward or district, as the case may be. The corporate

2 authorities have the authority to determine whether a

3 vacancy under this subsection has occurred. If the

4 corporate authorities determine that a vacancy exists, the

5 office is deemed vacant as of the date of that

6 determination for all purposes including the calculation

7 under subsections (e), (f), and (g).

8 (2) Guilty of a criminal offense. An admission of

9 guilt of a criminal offense that upon conviction would

10 disqualify the municipal officer from holding the office,

11 in the form of a written agreement with State or federal

12 prosecutors to plead guilty to a felony, bribery, perjury,

13 or other infamous crime under State or federal law,

14 constitutes a resignation from that office, effective on

15 the date the plea agreement is made. For purposes of this

16 Section, a conviction for an offense that disqualifies a

17 municipal officer from holding that office occurs on the

18 date of the return of a guilty verdict or, in the case of a

19 trial by the court, on the entry of a finding of guilt.

20 (3) Election declared void. A vacancy occurs on the

21 date of the decision of a competent tribunal declaring the

22 election of the officer void.

23 (4) Owing a debt to the municipality. A vacancy occurs

24 if a municipal official fails to pay a debt to a

25 municipality in which the official has been elected or

26 appointed to an elected position subject to the following:

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1 (A) Before a vacancy may occur under this

2 paragraph (4), the municipal clerk shall deliver, by

3 personal service, a written notice to the municipal

4 official that (i) the municipal official is in arrears

5 of a debt to the municipality, (ii) that municipal

6 official must either pay or contest the debt within 30

7 days after receipt of the notice or the municipal

8 official will be disqualified and his or her office

9 vacated, and (iii) if the municipal official chooses

10 to contest the debt, the municipal official must

11 provide written notice to the municipal clerk of the

12 contesting of the debt. A copy of the notice, and the

13 notice to contest, shall also be mailed by the

14 municipal clerk to the appointed municipal attorney by

15 certified mail. If the municipal clerk is the

16 municipal official indebted to the municipality, the

17 mayor or president of the municipality shall assume

18 the duties of the municipal clerk required under this

19 paragraph (4).

20 (B) In the event that the municipal official

21 chooses to contest the debt, a hearing shall be held

22 within 30 days of the municipal clerk's receipt of the

23 written notice of contest from the municipal official.

24 An appointed municipal hearing officer shall preside

25 over the hearing, and shall hear testimony and accept

26 evidence relevant to the existence of the debt owed by

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1 the municipal officer to the municipality.

2 (C) Upon the conclusion of the hearing, the

3 hearing officer shall make a determination on the

4 basis of the evidence presented as to whether or not

5 the municipal official is in arrears of a debt to the

6 municipality. The determination shall be in writing

7 and shall be designated as findings, decision, and

8 order. The findings, decision, and order shall

9 include: (i) the hearing officer's findings of fact;

10 (ii) a decision of whether or not the municipal

11 official is in arrears of a debt to the municipality

12 based upon the findings of fact; and (iii) an order

13 that either directs the municipal official to pay the

14 debt within 30 days or be disqualified and his or her

15 office vacated or dismisses the matter if a debt owed

16 to the municipality is not proved. A copy of the

17 hearing officer's written determination shall be

18 served upon the municipal official in open proceedings

19 before the hearing officer. If the municipal official

20 does not appear for receipt of the written

21 determination, the written determination shall be

22 deemed to have been served on the municipal official

23 on the date when a copy of the written determination is

24 personally served on the municipal official or on the

25 date when a copy of the written determination is

26 deposited in the United States mail, postage prepaid,

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1 addressed to the municipal official at the address on

2 record with the municipality.

3 (D) A municipal official aggrieved by the

4 determination of a hearing officer may secure judicial

5 review of such determination in the circuit court of

6 the county in which the hearing was held. The

7 municipal official seeking judicial review must file a

8 petition with the clerk of the court and must serve a

9 copy of the petition upon the municipality by

10 registered or certified mail within 5 days after

11 service of the determination of the hearing officer.

12 The petition shall contain a brief statement of the

13 reasons why the determination of the hearing officer

14 should be reversed. The municipal official shall file

15 proof of service with the clerk of the court. No answer

16 to the petition need be filed, but the municipality

17 shall cause the record of proceedings before the

18 hearing officer to be filed with the clerk of the court

19 on or before the date of the hearing on the petition or

20 as ordered by the court. The court shall set the matter

21 for hearing to be held within 30 days after the filing

22 of the petition and shall make its decision promptly

23 after such hearing.

24 (E) If a municipal official chooses to pay the

25 debt, or is ordered to pay the debt after the hearing,

26 the municipal official must present proof of payment

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1 to the municipal clerk that the debt was paid in full,

2 and, if applicable, within the required time period as

3 ordered by a hearing officer or circuit court judge.

4 (F) A municipal official will be disqualified and

5 his or her office vacated pursuant to this paragraph

6 (4) on the later of the following times if the

7 municipal official: (i) fails to pay or contest the

8 debt within 30 days of the municipal official's

9 receipt of the notice of the debt; (ii) fails to pay

10 the debt within 30 days after being served with a

11 written determination under subparagraph (C) ordering

12 the municipal official to pay the debt; or (iii) fails

13 to pay the debt within 30 days after being served with

14 a decision pursuant to subparagraph (D) upholding a

15 hearing officer's determination that the municipal

16 officer has failed to pay a debt owed to a

17 municipality.

18 (G) For purposes of this paragraph, a "debt" shall

19 mean an arrearage in a definitely ascertainable and

20 quantifiable amount after service of written notice

21 thereof, in the payment of any indebtedness due to the

22 municipality, which has been adjudicated before a

23 tribunal with jurisdiction over the matter. A

24 municipal official is considered in arrears of a debt

25 to a municipality if a debt is more than 30 days

26 overdue from the date the debt was due.

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1 (d) Election of an acting mayor or acting president. The

2 election of an acting mayor or acting president pursuant to

3 subsection (f) or (g) does not create a vacancy in the original

4 office of the person on the city council or as a trustee, as

5 the case may be, unless the person resigns from the original

6 office following election as acting mayor or acting president.

7 If the person resigns from the original office following

8 election as acting mayor or acting president, then the

9 original office must be filled pursuant to the terms of this

10 Section and the acting mayor or acting president shall

11 exercise the powers of the mayor or president and shall vote

12 and have veto power in the manner provided by law for a mayor

13 or president. If the person does not resign from the original

14 office following election as acting mayor or acting president,

15 then the acting mayor or acting president shall exercise the

16 powers of the mayor or president but shall be entitled to vote

17 only in the manner provided for as the holder of the original

18 office and shall not have the power to veto. If the person does

19 not resign from the original office following election as

20 acting mayor or acting president, and if that person's

21 original term of office has not expired when a mayor or

22 president is elected and has qualified for office, the acting

23 mayor or acting-president shall return to the original office

24 for the remainder of the term thereof.

25 (e) Appointment to fill alderperson or trustee vacancy. An

26 appointment by the mayor or president or acting mayor or

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1 acting president, as the case may be, of a qualified person as

2 described in Section 3.1-10-5 of this Code to fill a vacancy in

3 the office of alderperson or trustee must be made within 60

4 days after the vacancy occurs. Once the appointment of the

5 qualified person has been forwarded to the corporate

6 authorities, the corporate authorities shall act upon the

7 appointment within 30 days. If the appointment fails to

8 receive the advice and consent of the corporate authorities

9 within 30 days, the mayor or president or acting mayor or

10 acting president shall appoint and forward to the corporate

11 authorities a second qualified person as described in Section

12 3.1-10-5. Once the appointment of the second qualified person

13 has been forwarded to the corporate authorities, the corporate

14 authorities shall act upon the appointment within 30 days. If

15 the appointment of the second qualified person also fails to

16 receive the advice and consent of the corporate authorities,

17 then the mayor or president or acting mayor or acting

18 president, without the advice and consent of the corporate

19 authorities, may make a temporary appointment from those

20 persons who were appointed but whose appointments failed to

21 receive the advice and consent of the corporate authorities.

22 The person receiving the temporary appointment shall serve

23 until an appointment has received the advice and consent and

24 the appointee has qualified or until a person has been elected

25 and has qualified, whichever first occurs.

26 (f) Election to fill vacancies in municipal offices with

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1 4-year terms. If a vacancy occurs in an elective municipal

2 office with a 4-year term and there remains an unexpired

3 portion of the term of at least 28 months, and the vacancy

4 occurs before the period to file petitions for ~~at least 130~~

5 ~~days before~~ the general municipal election next scheduled

6 under the general election law, then the vacancy shall be

7 filled for the remainder of the term at that general municipal

8 election. Whenever an election is held for this purpose, the

9 municipal clerk shall certify the office to be filled and the

10 candidates for the office to the proper election authorities

11 as provided in the general election law. If a vacancy occurs

12 with less than 28 months remaining in the unexpired portion of

13 the term or after the period to file petitions for ~~less than~~

14 ~~130 days before~~ the general municipal election, then:

15 (1) Mayor or president. If the vacancy is in the

16 office of mayor or president, the vacancy must be filled

17 by the corporate authorities electing one of their members

18 as acting mayor or acting president. Except as set forth

19 in subsection (d), the acting mayor or acting president

20 shall perform the duties and possess all the rights and

21 powers of the mayor or president until a mayor or

22 president is elected at the next general municipal

23 election and has qualified. However, in villages with a

24 population of less than 5,000, if each of the trustees

25 either declines the election as acting president or is not

26 elected by a majority vote of the trustees presently

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1 holding office, then the trustees may elect, as acting

2 president, any other village resident who is qualified to

3 hold municipal office, and the acting president shall

4 exercise the powers of the president and shall vote and

5 have veto power in the manner provided by law for a

6 president.

7 (2) Alderperson or trustee. If the vacancy is in the

8 office of alderperson or trustee, the vacancy must be

9 filled by the mayor or president or acting mayor or acting

10 president, as the case may be, in accordance with

11 subsection (e).

12 (3) Other elective office. If the vacancy is in any

13 elective municipal office other than mayor or president or

14 alderperson or trustee, the mayor or president or acting

15 mayor or acting president, as the case may be, must

16 appoint a qualified person to hold the office until the

17 office is filled by election, subject to the advice and

18 consent of the city council or the board of trustees, as

19 the case may be.

20 (g) Vacancies in municipal offices with 2-year terms. In

21 the case of an elective municipal office with a 2-year term, if

22 the vacancy occurs before the period to file petitions for ~~at~~

23 ~~least 130 days before~~ the general municipal election next

24 scheduled under the general election law, the vacancy shall be

25 filled for the remainder of the term at that general municipal

26 election. If the vacancy occurs after the period to file

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1 petitions for ~~less than 130 days before~~ the general municipal

2 election, then:

3 (1) Mayor or president. If the vacancy is in the

4 office of mayor or president, the vacancy must be filled

5 by the corporate authorities electing one of their members

6 as acting mayor or acting president. Except as set forth

7 in subsection (d), the acting mayor or acting president

8 shall perform the duties and possess all the rights and

9 powers of the mayor or president until a mayor or

10 president is elected at the next general municipal

11 election and has qualified. However, in villages with a

12 population of less than 5,000, if each of the trustees

13 either declines the election as acting president or is not

14 elected by a majority vote of the trustees presently

15 holding office, then the trustees may elect, as acting

16 president, any other village resident who is qualified to

17 hold municipal office, and the acting president shall

18 exercise the powers of the president and shall vote and

19 have veto power in the manner provided by law for a

20 president.

21 (2) Alderperson or trustee. If the vacancy is in the

22 office of alderperson or trustee, the vacancy must be

23 filled by the mayor or president or acting mayor or acting

24 president, as the case may be, in accordance with

25 subsection (e).

26 (3) Other elective office. If the vacancy is in any

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1 elective municipal office other than mayor or president or

2 alderperson or trustee, the mayor or president or acting

3 mayor or acting president, as the case may be, must

4 appoint a qualified person to hold the office until the

5 office is filled by election, subject to the advice and

6 consent of the city council or the board of trustees, as

7 the case may be.

8 (h) In cases of vacancies arising by reason of an election

9 being declared void pursuant to paragraph (3) of subsection

10 (c), persons holding elective office prior thereto shall hold

11 office until their successors are elected and qualified or

12 appointed and confirmed by advice and consent, as the case may

13 be.

14 (i) This Section applies only to municipalities with

15 populations under 500,000.

16 (Source: P.A. 102-15, eff. 6-17-21.)

17 Section 25-15. The Downstate Forest Preserve District Act

18 is amended by changing Section 3c-2 as follows:

19 (70 ILCS 805/3c-2)

20 Sec. 3c-2. Continuous effect of provisions; validation.

21 The General Assembly declares that the changes made to

22 Sections 3c and 3c-1 by this amendatory Act of the 103rd

23 General Assembly shall be deemed to have been in continuous

24 effect since November 15, 2021 (the effective date of Public

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1 Act 102-668 ~~102-688~~) and shall continue to be in effect until

2 they are lawfully repealed. All actions that were taken on or

3 after 2021 and before the effective date of this amendatory

4 Act of the 103rd General Assembly by a downstate forest

5 preserve district or any other person and that are consistent

6 with or in reliance on the changes made to Sections 3c and 3c-1

7 by this amendatory Act of the 103rd General Assembly are

8 hereby validated.

9 (Source: P.A. 103-600, eff. 7-1-24.)

10 Section 25-20. The Park District Code is amended by

11 changing Sections 2-10a, 2-12a, and 2-25 as follows:

12 (70 ILCS 1205/2-10a) (from Ch. 105, par. 2-10a)

13 Sec. 2-10a. Any district may provide by referendum, or by

14 resolution of the board, that the board shall be comprised of 7

15 commissioners. Any such referendum shall be initiated and held

16 in the same manner as is provided by the general election law.

17 If a majority of the votes cast on the proposition is in

18 favor of the 7-member board, or if the board adopts a

19 resolution stating that it is acting pursuant to this Section

20 in order to create a 7-member board, then whichever of the

21 following transition schedules are appropriate shall be

22 applied: At the election of commissioners next following by at

23 least 225 ~~197~~ days after the date on which the proposition to

24 create a 7-member board was approved at referendum or by

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1 resolution, the number of commissioners to be elected shall be

2 2 more than the number that would otherwise have been elected.

3 If this results in the election, pursuant to Section 2-12 of

4 this Act, of 4 commissioners at that election, one of the 4, to

5 be determined by lot within 30 days after the election, shall

6 serve for a term of 4 years or 2 years as the case may be,

7 instead of 6 years, so that his term will expire in the same

8 year in which the term of only one of the incumbent

9 commissioners expires. Thereafter, all commissioners shall be

10 elected for 6-year terms as provided in Section 2-12. If the

11 creation of a 7-member board results in the election of either

12 3 or 4 commissioners, pursuant to Section 2-12a of this Act, at

13 that election, 2 of them, to be determined by lot within 30

14 days after the election, shall serve for terms of 2 years

15 instead of 4 years. Thereafter, all commissioners shall be

16 elected for 4-year terms as provided in Section 2-12a of this

17 Act.

18 In any district where a 7-member board has been created

19 pursuant to this Section whether by referendum or by

20 resolution, the number of commissioners may later be reduced

21 to 5, but only by a referendum initiated and held in the same

22 manner as prescribed in this Section for creating a 7-member

23 board. No proposition to reduce the number of commissioners

24 shall affect the terms of any commissioners holding office at

25 the time of the referendum or to be elected within 225 ~~197~~ days

26 after the referendum. If a majority of the votes cast on the

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1 proposition is in favor of reducing a 7-member board to a

2 5-member board, then, at the election of commissioners next

3 following by at least 225 ~~197~~ days after the date on which the

4 proposition was approved at referendum, the number of

5 commissioners to be elected shall be 2 less than the number

6 that would otherwise have been elected and whichever of the

7 following transition schedules are appropriate shall be

8 applied: (i) if this results in the election of no

9 commissioners for a 6-year term pursuant to Section 2-12 of

10 this Act, then at the next election in which 3 commissioners

11 are scheduled to be elected to 6-year terms as provided in

12 Section 2-12, one of the 3, to be determined by lot within 30

13 days after the election, shall serve for a term of 4 years or 2

14 years, as the case may be, instead of 6 years, so that his or

15 her term will expire in the same year in which the term of no

16 incumbent commissioner is scheduled to expire; thereafter, all

17 commissioners shall be elected for 6-year terms as provided in

18 Section 2-12; or (ii) if the reduction to a 5-member board

19 results in the election of one commissioner to a 4-year term,

20 pursuant to Section 2-12a of this Act, then at the next

21 election in which 4 commissioners are scheduled to be elected

22 to 4-year terms as provided in Section 2-12a, one of the 4, to

23 be determined by lot within 30 days after the election, shall

24 serve for a term of 2 years, instead of 4 years, so that his or

25 her term will expire in the same year in which the term of only

26 one incumbent commissioner is scheduled to expire; thereafter,

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1 all commissioners shall be elected for 4-year terms as

2 provided in Section 2-12a.

3 (Source: P.A. 103-467, eff. 8-4-23.)

4 (70 ILCS 1205/2-12a) (from Ch. 105, par. 2-12a)

5 Sec. 2-12a. Any district may provide, either by resolution

6 of the board or by referendum, that the term of commissioners

7 shall be 4 years rather than 6 years. Any such referendum shall

8 be initiated and held in the same manner as is provided by the

9 general election law for public questions authorized by

10 Article VII of the Illinois Constitution.

11 If a majority of the votes cast on the proposition is in

12 favor of a 4-year term for commissioners, or if the Board

13 adopts a resolution stating that it is acting pursuant to this

14 Section to change the term of office from 6 years to 4 years,

15 commissioners thereafter elected, commencing with the first

16 regular park district election at least 225 ~~197~~ days after the

17 date on which the proposition for 4-year terms was approved at

18 referendum or by resolution, shall be elected for a term of 4

19 years. In order to provide for the transition from 6-year

20 terms to 4-year terms:

21 (1) If 2 commissioners on a 5-member board are to be

22 elected at the first such election and if the term of only

23 one commissioner is scheduled to expire in the year of the

24 next election at which commissioners are elected, of the 2

25 commissioners elected, one shall serve a 2-year term and

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1 one a 4-year term, to be determined by lot between the 2

2 persons elected within 30 days after the election.

3 (2) On a 7-member board under Section 2-10a, if the

4 terms of only 2 commissioners are scheduled to expire in

5 the year of the second election at which commissioners are

6 elected after the first regular park district election at

7 least 225 ~~197~~ days after the date on which the proposition

8 for 4-year terms was approved at referendum or by

9 resolution, then:

10 (A) if 3 commissioners are elected at the first

11 regular election, 2 of the commissioners elected shall

12 serve a 2-year term and one shall serve a 4-year term

13 to be determined by lot between persons elected within

14 30 days after the first election; or

15 (B) if 2 commissioners are elected at the first

16 regular election, those 2 commissioners elected shall

17 serve a 2-year term.

18 In any district where the board has created 4-year terms

19 pursuant to this Section, whether by referendum or by

20 resolution, the length of terms may later be increased to 6

21 years, but only by a referendum initiated and held in the same

22 manner as prescribed in this Section for creating 4-year

23 terms. No proposition to increase the terms of commissioners

24 shall affect any commissioner holding office at the time of

25 the referendum or to be elected within 225 ~~197~~ days after the

26 referendum.

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1 (Source: P.A. 103-467, eff. 8-4-23.)

2 (70 ILCS 1205/2-25) (from Ch. 105, par. 2-25)

3 Sec. 2-25. Vacancies. Whenever any member of the governing

4 board of any park district (i) dies, (ii) resigns, (iii)

5 becomes under legal disability, (iv) ceases to be a legal

6 voter in the district, (v) is convicted in any court located in

7 the United States of any infamous crime, bribery, perjury, or

8 other felony, (vi) refuses or neglects to take his or her oath

9 of office, (vii) neglects to perform the duties of his or her

10 office or attend meetings of the board for the length of time

11 as the board fixes by ordinance, or (viii) for any other reason

12 specified by law, that office may be declared vacant.

13 Vacancies shall be filled by appointment by a majority of the

14 remaining members of the board. Any person so appointed shall

15 hold his or her office until the next regular election for this

16 office, at which a member shall be elected to fill the vacancy

17 for the unexpired term, subject to the following conditions:

18 (1) If the vacancy occurs with less than 28 months

19 remaining in the term, the person appointed to fill the

20 vacancy shall hold his or her office until the expiration

21 of the term for which he or she has been appointed, and no

22 election to fill the vacancy shall be held.

23 (2) If the vacancy occurs with more than 28 months

24 left in the term, but less than 151 ~~123~~ days before the

25 next regularly scheduled election for this office, the

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1 person appointed to fill the vacancy shall hold his or her

2 office until the second regularly scheduled election for

3 the office following the appointment, at which a member

4 shall be elected to fill the vacancy for the unexpired

5 term.

6 (Source: P.A. 101-257, eff. 8-9-19; 102-558, eff. 8-20-21.)

7 Section 25-25. The School Code is amended by changing

8 Sections 3A-6 and 34-4.1 as follows:

9 (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)

10 Sec. 3A-6. Election of Superintendent for consolidated

11 region - Bond - Vacancies in any educational service region.

12 (a) The regional superintendent to be elected under

13 Section 3A-5 shall be elected at the time provided in the

14 general election law and must possess the qualifications

15 described in Section 3-1 of this Act.

16 (b) The bond required under Section 3-2 shall be filed in

17 the office of the county clerk in the county where the regional

18 office is situated, and a certified copy of that bond shall be

19 filed in the office of the county clerk in each of the other

20 counties in the region.

21 (c) When a vacancy occurs in the office of regional

22 superintendent of schools of any educational service region

23 which is not located in a county which is a home rule unit,

24 such vacancy shall be filled within 60 days (i) by appointment

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1 of the chairman of the county board, with the advice and

2 consent of the county board, when such vacancy occurs in a

3 single county educational service region; or (ii) by

4 appointment of a committee composed of the chairmen of the

5 county boards of those counties comprising the affected

6 educational service region when such vacancy occurs in a

7 multicounty educational service region, each committeeman to

8 be entitled to one vote for each vote that was received in the

9 county represented by such committeeman on the committee by

10 the regional superintendent of schools whose office is vacant

11 at the last election at which a regional superintendent was

12 elected to such office, and the person receiving the highest

13 number of affirmative votes from the committeemen for such

14 vacant office to be deemed the person appointed by such

15 committee to fill the vacancy. The appointee shall be a member

16 of the same political party as the regional superintendent of

17 schools the appointee succeeds was at the time such regional

18 superintendent of schools last was elected. The appointee

19 shall serve for the remainder of the term. However, if more

20 than 28 months remain in that term and the vacancy occurs at

21 least 130 days before the next general election, the

22 appointment shall be until the next general election, at which

23 time the vacated office shall be filled by election for the

24 remainder of the term. Nominations shall be made and any

25 vacancy in nomination shall be filled as follows:

26 (1) If the vacancy in office occurs before the first

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1 date provided in Section 7-12 of the Election Code for

2 filing nomination papers for county offices for the

3 primary in the next even-numbered year following

4 commencement of the term of office in which the vacancy

5 occurs, nominations for the election for filling the

6 vacancy shall be made pursuant to Article 7 of the

7 Election Code.

8 (2) If the vacancy in office occurs during the time

9 provided in Section 7-12 of the Election Code for filing

10 nomination papers for county offices for the primary in

11 the next even-numbered year following commencement of the

12 term of office in which the vacancy occurs, the time for

13 filing nomination papers for the primary shall not be more

14 than 120 ~~91~~ days nor less than 113 ~~85~~ days prior to the

15 date of the primary.

16 (3) If the vacancy in office occurs after the last day

17 provided in Section 7-12 of the Election Code for filing

18 nomination papers for county offices for the primary in

19 the next even-numbered year following commencement of the

20 term of office in which the vacancy occurs, a vacancy in

21 nomination shall be deemed to have occurred and the county

22 central committee of each established political party (if

23 the vacancy occurs in a single county educational service

24 region) or the multi-county educational service region

25 committee of each established political party (if the

26 vacancy occurs in a multi-county educational service

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1 region) shall nominate, by resolution, a candidate to fill

2 the vacancy in nomination for election to the office at

3 the general election. In the nomination proceedings to

4 fill the vacancy in nomination, each member of the county

5 central committee or the multi-county educational service

6 region committee, whichever applies, shall have the voting

7 strength as set forth in Section 7-8 or 7-8.02 of the

8 Election Code, respectively. The name of the candidate so

9 nominated shall not appear on the ballot at the general

10 primary election. The vacancy in nomination shall be

11 filled prior to the date of certification of candidates

12 for the general election.

13 (4) The resolution to fill the vacancy shall be duly

14 acknowledged before an officer qualified to take

15 acknowledgments of deeds and shall include, upon its face,

16 the following information: (A) the name of the original

17 nominee and the office vacated; (B) the date on which the

18 vacancy occurred; and (C) the name and address of the

19 nominee selected to fill the vacancy and the date of

20 selection. The resolution to fill the vacancy shall be

21 accompanied by a statement of candidacy, as prescribed in

22 Section 7-10 of the Election Code, completed by the

23 selected nominee, a certificate from the State Board of

24 Education, as prescribed in Section 3-1 of this Code, and

25 a receipt indicating that the nominee has filed a

26 statement of economic interests as required by the

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1 Illinois Governmental Ethics Act.

2 The provisions of Sections 10-8 through 10-10.1 of the

3 Election Code relating to objections to nomination papers,

4 hearings on objections, and judicial review shall also apply

5 to and govern objections to nomination papers and resolutions

6 for filling vacancies in nomination filed pursuant to this

7 Section. Unless otherwise specified in this Section, the

8 nomination and election provided for in this Section is

9 governed by the general election law.

10 Except as otherwise provided by applicable county

11 ordinance or by law, if a vacancy occurs in the office of

12 regional superintendent of schools of an educational service

13 region that is located in a county that is a home rule unit and

14 that has a population of less than 2,000,000 inhabitants, that

15 vacancy shall be filled by the county board of such home rule

16 county.

17 Any person appointed to fill a vacancy in the office of

18 regional superintendent of schools of any educational service

19 region must possess the qualifications required to be elected

20 to the position of regional superintendent of schools, and

21 shall obtain a certificate of eligibility from the State

22 Superintendent of Education and file same with the county

23 clerk of the county in which the regional superintendent's

24 office is located.

25 If the regional superintendent of schools is called into

26 the active military service of the United States, his office

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1 shall not be deemed to be vacant, but a temporary appointment

2 shall be made as in the case of a vacancy. The appointee shall

3 perform all the duties of the regional superintendent of

4 schools during the time the regional superintendent of schools

5 is in the active military service of the United States, and

6 shall be paid the same compensation apportioned as to the time

7 of service, and such appointment and all authority thereunder

8 shall cease upon the discharge of the regional superintendent

9 of schools from such active military service. The appointee

10 shall give the same bond as is required of a regularly elected

11 regional superintendent of schools.

12 (Source: P.A. 96-893, eff. 7-1-10.)

13 (105 ILCS 5/34-4.1)

14 Sec. 34-4.1. Nomination petitions. In addition to the

15 requirements of the general election law, the form of

16 petitions under Section 34-4 of this Code shall be

17 substantially as follows:

18 NOMINATING PETITIONS

19 (LEAVE OUT THE INAPPLICABLE PART.)

20 To the Board of Election Commissioners for the City of

21 Chicago:

22 We the undersigned, being (.... or more) of the voters

23 residing within said district, hereby petition that .... who

24 resides at .... in the City of Chicago shall be a candidate for

25 the office of .... of the Chicago Board of Education (full

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1 term) (vacancy) to be voted for at the election to be held on

2 (insert date).

3 Name: .................. Address: ...................

4 In the designation of the name of a candidate on a petition

5 for nomination, the candidate's given name or names, initial

6 or initials, a nickname by which the candidate is commonly

7 known, or a combination thereof may be used in addition to the

8 candidate's surname. If a candidate has changed his or her

9 name, whether by a statutory or common law procedure in

10 Illinois or any other jurisdiction, within 3 years before the

11 last day for filing the petition, then (i) the candidate's

12 name on the petition must be followed by "formerly known as

13 (list all prior names during the 3-year period) until name

14 changed on (list date of each such name change)" and (ii) the

15 petition must be accompanied by the candidate's affidavit

16 stating the candidate's previous names during the period

17 specified in clause (i) and the date or dates each of those

18 names was changed; failure to meet these requirements shall be

19 grounds for denying certification of the candidate's name for

20 the ballot, but these requirements do not apply to name

21 changes to conform a candidate's name to the candidate's

22 identity or name changes resulting from adoption to assume an

23 adoptive parent's or parents' surname, marriage or civil union

24 to assume a spouse's surname, or dissolution of marriage or

25 civil union or declaration of invalidity of marriage to assume

26 a former surname. No other designation, such as a political

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1 slogan, as defined by Section 7-17 of the Election Code, title

2 or degree, or nickname suggesting or implying possession of a

3 title, degree or professional status, or similar information

4 may be used in connection with the candidate's surname.

5 All petitions for the nomination of members of the Chicago

6 Board of Education shall be filed with the board of election

7 commissioners of the jurisdiction in which the principal

8 office of the school district is located and ~~within the time~~

9 ~~provided for by Article 7 of the Election Code, except that~~

10 ~~petitions for the nomination of members of the Chicago Board~~

11 ~~of Education for the 2024 general election~~ shall be prepared,

12 filed, and certified as outlined in Article 10 of the Election

13 Code. The board of election commissioners shall receive and

14 file only those petitions that include a statement of

15 candidacy, the required number of voter signatures, the

16 notarized signature of the petition circulator, and a receipt

17 from the county clerk showing that the candidate has filed a

18 statement of economic interests ~~interest~~ on or before the last

19 day to file as required by the Illinois Governmental Ethics

20 Act. The board of election commissioners may have petition

21 forms available for issuance to potential candidates and may

22 give notice of the petition filing period by publication in a

23 newspaper of general circulation within the school district

24 not less than 10 days prior to the first day of filing. The

25 board of election commissioners shall make certification to

26 the proper election authorities in accordance with the general

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1 election law.

2 The board of election commissioners of the jurisdiction in

3 which the principal office of the school district is located

4 shall notify the candidates for whom a petition for nomination

5 is filed or the appropriate committee of the obligations under

6 the Campaign Financing Act as provided in the general election

7 law. Such notice shall be given on a form prescribed by the

8 State Board of Elections and in accordance with the

9 requirements of the general election law. The board of

10 election commissioners shall within 7 days of filing or on the

11 last day for filing, whichever is earlier, acknowledge to the

12 petitioner in writing the office's acceptance of the petition.

13 A candidate for membership on the Chicago Board of

14 Education who has petitioned for nomination to fill a full

15 term and to fill a vacant term to be voted upon at the same

16 election must withdraw his or her petition for nomination from

17 either the full term or the vacant term by written

18 declaration.

19 Nomination petitions are not valid unless the candidate

20 named therein files with the board of election commissioners a

21 receipt from the county clerk showing that the candidate has

22 filed a statement of economic interests as required by the

23 Illinois Governmental Ethics Act. Such receipt shall be so

24 filed either previously during the calendar year in which his

25 or her nomination papers were filed or within the period for

26 the filing of nomination papers in accordance with the general

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1 election law.

2 (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21;

3 103-467, eff. 8-4-23; 103-584, eff. 3-18-24; revised 6-27-25.)

4 Article 35.

5 Section 35-5. "AN ACT concerning employment", approved

6 June 30, 2025, (Public Act 104-17) is amended by changing

7 Section 99 as follows:

8 (P.A. 104-17, Sec. 99)

9 Sec. 99. Effective date. This Act takes effect upon

10 becoming law, except that Section 10 takes effect July 1,

11 2026.

12 (Source: P.A. 104-17, eff. 6-30-2025.)

13 Article 99.

14 Section 99-99. Effective date. This Act takes effect upon

15 becoming law.".