Sen. Bill Cunningham

Filed: 10/30/2025

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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9 (Section scheduled to be repealed on January 1, 2026)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 Sections 1-15.93 and 30-30 as follows:

13 (30 ILCS 500/1-15.93)

14 Sec. 1-15.93. Single prime. "Single prime" means the

15 design-bid-build procurement delivery method for a building

16 construction project in which the Capital Development Board or

17 a public institution of higher education, as defined in

18 Section 1-13 of this Code, is the construction agency

19 procuring 2 or more subdivisions of work enumerated in

20 paragraphs (1) through (5) of subsection (a) of Section 30-30

21 of this Code under a single contract. The provisions of this

22 Section are inoperative for public institutions of higher

23 education on and after January 1, 2027 ~~2026~~.

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

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

2 (30 ILCS 500/30-30)

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

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

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

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

7 materials in connection with the following 5 subdivisions of

8 the work to be performed:

9 (1) plumbing;

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

11 temperature control systems, including the testing and

12 balancing of those systems;

13 (3) ventilating and distribution systems for

14 conditioned air, including the testing and balancing of

15 those systems;

16 (4) electric wiring; and

17 (5) general contract work.

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

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

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

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

22 separately to responsible and reliable persons, firms, or

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

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

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

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1 successful bidder on the subdivision of work designated by the

2 construction agency before the bidding as the prime

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

4 directly to the contractors for the 5 subdivisions of work

5 upon compliance with the conditions of the contract.

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

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

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

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

10 into with the successful bidder shall provide that no

11 identified subcontractor may be terminated without the written

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

13 shall comply with the disadvantaged business practices of the

14 Business Enterprise for Minorities, Women, and Persons with

15 Disabilities Act and the equal employment practices of Section

16 2-105 of the Illinois Human Rights Act; and (iv) the Capital

17 Development Board shall submit an annual report to the General

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

19 of all single prime projects.

20 Until December 31, 2023, for building construction

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

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

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

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

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

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

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1 at the discretion of the Executive Director of the Capital

2 Development Board.

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

4 the Capital Development Board shall determine whether the

5 single prime procurement delivery method is to be pursued.

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

7 Development Board must make a written determination that must

8 include a description as to the particular advantages of the

9 single prime procurement method for that project and an

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

11 chief procurement officer must review the Capital Development

12 Board's determination and consider the adequacy of information

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

14 Development Board may proceed with single prime. Approval by

15 the chief procurement officer shall not be unreasonably

16 withheld. The following factors must be considered by the

17 chief procurement officer in any determination:

18 (1) The benefit that using the single prime

19 procurement method will have on the Capital Development

20 Board's ability to increase participation of

21 minority-owned firms, woman-owned firms, firms owned by

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

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

24 best interest of the State by providing a material savings

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

26 The best interest of the State justification must show the

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1 specific benefits of using the single prime method,

2 including documentation of the estimates or scheduling

3 impacts of any of the following: project complexity and

4 trade coordination required, length of project,

5 availability of skilled workforce, geographic area,

6 project timelines, project budget, ability to secure

7 minority, women, persons with disabilities and veteran

8 participation, or other information.

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

10 suitability to the single prime procurement method.

11 (4) Whether the project will comply with the

12 underrepresented business and equal employment practices

13 of the State, as established in the Business Enterprise

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

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

16 Illinois Human Rights Act.

17 If the chief procurement officer finds that the Capital

18 Development Board's written determination is insufficient, the

19 Capital Development Board shall have the opportunity to cure

20 its determination. Within 15 days of receiving approval from

21 the chief procurement officer, the Capital Development Board

22 shall provide an advisory copy of the written determination to

23 the Procurement Policy Board and the Commission on Equity and

24 Inclusion. The Capital Development Board must maintain the

25 full record of determination for 5 years.

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

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

2 31, 2026 ~~2025~~, for single prime projects in which a public

3 institution of higher education is a construction agency

4 awarding building construction contracts in excess of

5 $250,000, separate specifications may be prepared for all

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

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

8 institution of higher education contract awarded for any part

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

10 together or separately to responsible and reliable persons,

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

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

13 to the Procurement Policy Board and the Commission on Equity

14 and Inclusion a written notice that includes the reasons for

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

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

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

18 procurement webpage and its online procurement bulletin at

19 least 3 business days following submission to the Procurement

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

21 the successful low bidder has prequalified with the public

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

23 successful low bidder identifies the name of the

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

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

26 the contract entered into with the successful bidder provides

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1 that no identified subcontractor may be terminated without the

2 written consent of the public institution of higher education;

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

4 University of Illinois or with the Capital Development Board.

5 For building construction projects with a total

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

7 institutions of higher education shall not use the single

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

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

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

11 using the single prime delivery method at the discretion of

12 the public institution of higher education. With respect to

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

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

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

16 with the Business Enterprise for Minorities, Women, and

17 Persons with Disabilities Act and the equal employment

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

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

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

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

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

23 General Assembly, the public institution of higher education

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

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

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

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1 fiscal year single prime contracts with an aggregate total

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

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

4 provisions of this subsection are operative on and after

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

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

7 equipment, labor, and materials in connection with the

8 following 5 subdivisions of the work to be performed:

9 (1) plumbing;

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

11 temperature control systems, including the testing and

12 balancing of those systems;

13 (3) ventilating and distribution systems for

14 conditioned air, including the testing and balancing of

15 those systems;

16 (4) electric wiring; and

17 (5) general contract work.

18 The specifications must be so drawn as to permit separate

19 and independent bidding upon each of the 5 subdivisions of

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

21 the 5 subdivisions of work separately to responsible and

22 reliable persons, firms, or corporations engaged in these

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

24 construction agency, may be assigned to the successful bidder

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

26 subdivision of work designated by the construction agency

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

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

3 the 5 subdivisions of work upon compliance with the conditions

4 of the contract.

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

6 103-570, eff. 1-1-24.)

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

8 changing Sections 221 and 231 as follows:

9 (35 ILCS 5/221)

10 Sec. 221. Rehabilitation costs; qualified historic

11 properties; River Edge Redevelopment Zone.

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

13 2012 and begin prior to January 1, 2018, there shall be allowed

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

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

16 qualified expenditures incurred by a qualified taxpayer during

17 the taxable year in the restoration and preservation of a

18 qualified historic structure located in a River Edge

19 Redevelopment Zone pursuant to a qualified rehabilitation

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

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

22 purchase price of the property.

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

24 2018 and end prior to January 1, 2029 ~~2027~~, there shall be

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1 allowed a tax credit against the tax imposed by subsections

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

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

4 taxpayer in the restoration and preservation of a qualified

5 historic structure located in a River Edge Redevelopment Zone

6 pursuant to a qualified rehabilitation plan, provided that the

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

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

9 historic structure on the first day the qualified

10 rehabilitation plan begins. For any rehabilitation project,

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

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

13 determined based on the aggregate amount of qualified

14 expenditures for the entire project and may include

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

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

17 rehabilitation plan spans multiple years, the aggregate credit

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

19 year, except for phased rehabilitation projects, which may

20 receive credits upon completion of each phase. Before

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

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

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

24 the qualified historic structure must be placed in service;

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

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

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

2 allowed a tax credit against the tax imposed by subsections

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

4 the River Edge Redevelopment Zone Act. The credit allowed

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

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

7 qualified rehabilitation plan.

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

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

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

11 carried forward and applied against the taxpayer's liability

12 in succeeding calendar years in the manner provided under

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

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

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

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

17 credit shall be applied first.

18 For partners, shareholders of Subchapter S corporations,

19 and owners of limited liability companies, if the liability

20 company is treated as a partnership for the purposes of

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

22 credit under this Section to be determined in accordance with

23 the determination of income and distributive share of income

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

25 Revenue Code.

26 The total aggregate amount of credits awarded under the

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

2 101st General Assembly) shall not exceed $20,000,000 in any

3 State fiscal year.

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

5 taxpayer must apply with the Department of Natural Resources.

6 The Department of Natural Resources shall determine the amount

7 of eligible rehabilitation costs and expenses in addition to

8 the amount of the River Edge construction jobs credit within

9 45 days of receipt of a complete application. The taxpayer

10 must submit a certification of costs prepared by an

11 independent certified public accountant that certifies (i) the

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

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

14 the adjusted basis of the qualified historic structure on the

15 first day the qualified rehabilitation plan commenced. The

16 Department of Natural Resources is authorized, but not

17 required, to accept this certification of costs to determine

18 the amount of qualified expenditures and the amount of the

19 credit. The Department of Natural Resources shall provide

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

21 preparation of such certification. The Department of Natural

22 Resources and the National Park Service shall determine

23 whether the rehabilitation is consistent with the United

24 States Secretary of the Interior's Standards for

25 Rehabilitation.

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

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1 complete application, the Department of Natural Resources

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

3 credits equal to 25% of qualified expenditures incurred during

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

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

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

7 100-629) and any phased credits issued prior to the eligible

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

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

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

11 certificate may be collected from the applicant to administer

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

13 fee shall be deposited into the Historic Property

14 Administrative Fund, a special fund created in the State

15 treasury. Subject to appropriation, moneys in the Historic

16 Property Administrative Fund shall be provided to the

17 Department of Natural Resources as reimbursement for the costs

18 associated with administering this Section.

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

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

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

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

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

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

25 following the excess credit year.

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

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1 Property Administrative Fund shall be used, on a biennial

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

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

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

5 assess the overall economic impact to the State from the

6 qualified rehabilitation projects under this Section completed

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

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

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

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

11 and property tax generation before, during construction, and

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

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

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

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

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

17 that the Clerk and the Secretary shall direct.

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

19 to implement this Section in addition to the rules expressly

20 authorized in this Section.

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

22 following meanings.

23 "Phased rehabilitation" means a project that is completed

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

25 Revenue Code and pursuant to National Park Service regulations

26 at 36 C.F.R. 67.

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

2 placed in a condition or state of readiness and availability

3 for a specifically assigned function as defined under Section

4 47 of the federal Internal Revenue Code and federal Treasury

5 Regulation Sections 1.46 and 1.48.

6 "Qualified expenditure" means all the costs and expenses

7 defined as qualified rehabilitation expenditures under Section

8 47 of the federal Internal Revenue Code that were incurred in

9 connection with a qualified historic structure.

10 "Qualified historic structure" means a certified historic

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

12 Internal Revenue Code.

13 "Qualified rehabilitation plan" means a project that is

14 approved by the Department of Natural Resources and the

15 National Park Service as being consistent with the United

16 States Secretary of the Interior's Standards for

17 Rehabilitation.

18 "Qualified taxpayer" means the owner of the qualified

19 historic structure or any other person who qualifies for the

20 federal rehabilitation credit allowed by Section 47 of the

21 federal Internal Revenue Code with respect to that qualified

22 historic structure. Partners, shareholders of subchapter S

23 corporations, and owners of limited liability companies (if

24 the limited liability company is treated as a partnership for

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

26 a credit under this Section to be determined in accordance

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1 with the determination of income and distributive share of

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

3 Internal Revenue Code, provided that credits granted to a

4 partnership, a limited liability company taxed as a

5 partnership, or other multiple owners of property shall be

6 passed through to the partners, members, or owners

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

8 agreement among the partners, members, or owners documenting

9 any alternate distribution method.

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

11 102-16, eff. 6-17-21.)

12 (35 ILCS 5/231)

13 Sec. 231. Apprenticeship education expense credit.

14 (a) As used in this Section:

15 "Accredited training organization" means an organization

16 that:

17 (1) incurs costs related to training apprentice

18 employees;

19 (2) maintains an apprenticeship program approved by

20 the United States Department of Labor, Office of

21 Apprenticeships, that results in an industry-recognized

22 credential; and either

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

24 school in Illinois and is:

25 (A) an institution of higher education that

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1 provides a program that leads to an

2 industry-recognized postsecondary credential or

3 degree;

4 (B) an entity that carries out programs that

5 are registered under the federal National

6 Apprenticeship Act; or

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

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

9 joint labor-management organization; or

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

11 secondary school in Illinois but receives preapproval from

12 the Department to receive tax credits under this Section.

13 "Department" means the Department of Commerce and Economic

14 Opportunity.

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

16 of the qualifying apprentice.

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

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

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

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

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

22 apprenticeship program which is registered with the United

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

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

25 "Qualified education expense" means the amount incurred on

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

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

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

3 that are directly related to training the apprentices and that

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

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

6 or organization where the apprentice receives training.

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

8 2020, and beginning on or before January 1, 2027 ~~January 1,~~

9 ~~2026~~, the employer of one or more qualifying apprentices shall

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

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

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

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

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

15 201 of the Illinois Income Tax Act if (i) the qualifying

16 apprentice resides in an underserved area as defined in

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

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

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

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

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

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

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

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

25 partners, shareholders of Subchapter S corporations, and

26 owners of limited liability companies, if the liability

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1 company is treated as a partnership for purposes of federal

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

3 under this Section to be determined in accordance with the

4 determination of income and distributive share of income under

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

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

7 partners and shareholders of subchapter S corporations are

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

9 251.

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

11 applicants for an apprenticeship credit under this Section.

12 Upon satisfactory review, the Department shall issue a tax

13 credit certificate to an employer incurring costs on behalf of

14 a qualifying apprentice stating the amount of the tax credit

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

16 tax credit for multiple qualifying apprentices, the Department

17 may issue a single tax credit certificate that encompasses the

18 aggregate total of tax credits for qualifying apprentices for

19 a single employer.

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

21 under the Civil Administrative Code of Illinois, is granted

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

23 out and effectuate the purposes and provisions of this

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

25 to:

26 (1) Adopt rules deemed necessary and appropriate for

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1 the administration of this Section; establish forms for

2 applications, notifications, contracts, or any other

3 agreements; and accept applications at any time during the

4 year and require that all applications be submitted via

5 the Internet. The Department shall require that

6 applications be submitted in electronic form.

7 (2) Provide guidance and assistance to applicants

8 pursuant to the provisions of this Section and cooperate

9 with applicants to promote, foster, and support job

10 creation within the State.

11 (3) Enter into agreements and memoranda of

12 understanding for participation of and engage in

13 cooperation with agencies of the federal government, units

14 of local government, universities, research foundations or

15 institutions, regional economic development corporations,

16 or other organizations for the purposes of this Section.

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

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

19 without limitation, gathering information with respect to

20 applicants for the purpose of making any designations or

21 certifications necessary or desirable or to gather

22 information in furtherance of the purposes of this Act.

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

24 agreement, or other document with any person necessary or

25 appropriate to accomplish the purposes of this Section,

26 and consent, subject to the provisions of any agreement

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1 with another party, to the modification or restructuring

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

3 (6) Provide for sufficient personnel to permit

4 administration, staffing, operation, and related support

5 required to adequately discharge its duties and

6 responsibilities described in this Section from funds made

7 available through charges to applicants or from funds as

8 may be appropriated by the General Assembly for the

9 administration of this Section.

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

11 any necessary authorization to the appropriate federal,

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

13 release to the Department of information requested by the

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

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

16 to the amount of credit allowable under this Section.

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

18 keep proper books of record and account in accordance with

19 generally accepted accounting principles consistently

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

21 agreement in the custody or control of the applicant open

22 for reasonable Department inspection and audits,

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

24 books, records, or papers.

25 (9) Take whatever actions are necessary or appropriate

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

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1 bankruptcy, default, foreclosure, or noncompliance with

2 the terms and conditions of financial assistance or

3 participation required under this Section or any agreement

4 entered into under this Section, including the power to

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

6 conditions determined by the Department to be appropriate,

7 real or personal property that the Department may recover

8 as a result of these actions.

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

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

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

12 this Section for qualified education expenses incurred by an

13 employer on behalf of a qualifying apprentice shall be limited

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

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

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

17 completed application for a certificate of eligibility is

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

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

20 the time of submission for that particular day.

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

22 credit awarded under this Section to another person or

23 taxpayer.

24 (g) The employer shall provide the Department such

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

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

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1 each qualifying apprentice employed by the taxpayer during the

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

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

4 the name of the accredited training organization at which the

5 qualifying apprentice is enrolled and the qualified education

6 expenses are incurred.

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

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

9 credit certificates awarded under this Section for the prior

10 calendar year. The report must include:

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

12 credit;

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

14 employer has incurred qualified education expenses;

15 (3) the North American Industry Classification System

16 (NAICS) code applicable to each employer awarded or

17 allocated a credit;

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

19 each employer;

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

21 a credit;

22 (6) the total number of qualifying apprentices for

23 whom employers receiving credits under this Section

24 incurred qualified education expenses; and

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

26 apprenticeships receiving credits under this Section.

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

2 104-6, eff. 6-16-25.)

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

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

5 (55 ILCS 5/3-5010.8)

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

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

8 program.

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

10 expired mechanics liens on residential property, which cloud

11 title to property, are a rapidly growing problem throughout

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

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

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

15 process to demand and refer mechanics liens that have been

16 recorded but not litigated or released in accordance with the

17 Mechanics Lien Act to an administrative law judge for

18 resolution or demand that the lienholder commence suit or

19 forfeit the lien.

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

21 "Demand to Commence Suit" means the written demand

22 specified in Section 34 of the Mechanics Lien Act.

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

24 this Section.

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

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

3 informing the property owner of an expired lien.

4 "Notice of Referral" means the document referring a

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

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

7 Section.

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

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

10 determination as to whether a recorded mechanics lien is

11 valid.

12 "Residential property" means real property improved with

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

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

15 the common elements allocated to the exclusive use of the

16 condominium unit that form an integral part of the condominium

17 unit and any parking unit or units specified by the

18 declaration to be allocated to a specific residential

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

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

21 single-family residence. If a declaration of condominium

22 ownership provides for individually owned and transferable

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

24 parking unit of a specified residential condominium unit

25 unless the parking unit is included in the legal description

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

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

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

3 code hearing unit may adopt rules establishing a mechanics

4 lien demand and referral process for residential property. A

5 recorder shall provide public notice 90 days before the public

6 hearing. The notice shall include a statement of the

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

8 referral process and shall be published in a newspaper of

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

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

11 offices.

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

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

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

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

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

17 The owner or legal representative of the owner of the

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

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

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

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

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

23 Demand to Commence Suit.

24 For the purposes of this Section, a recorder shall

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

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

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1 counterclaim has not been filed by the lienholder within 2

2 years after the completion date of the contract as specified

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

4 increased to the extent that an automatic stay under Section

5 362(a) of the United States Bankruptcy Code stays a suit or

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

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

8 completion date is the date of recording of the mechanics

9 lien.

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

11 confirmation that the lien is not involved in pending

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

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

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

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

16 that the Secretary of State assist in providing registered

17 agent information or obtain information from the Secretary of

18 State's registered business database when the recorder seeks

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

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

21 designee, shall provide the last known address or registered

22 agent information for a lienholder who is incorporated or

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

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

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

26 corresponding document number and the date of demand. The

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

2 Secretary of State regarding a Demand to Commence suit

3 determined to involve a company, corporation, or business

4 registered with that office.

5 When the lienholder commences a suit or files an answer

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

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

8 34 of the Mechanics Lien Act, then the demand and referral

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

10 service under this Section is responded to consistent with

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

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

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

14 recorder may proceed under subsection (f).

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

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

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

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

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

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

21 Notice of Referral by certified mail to the lienholder using

22 information included in the recorded mechanics lien or the

23 last known address or registered agent received from the

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

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

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

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

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

3 index identifying the mechanics lien and include the

4 corresponding document number. The Notice of Referral shall

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

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

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

8 Secretary of State regarding a referral determined to involve

9 a company, corporation, or business registered with that

10 office.

11 No earlier than 30 business days after the date the

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

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

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

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

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

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

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

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

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

21 Referral.

22 If the recorder shows by clear and convincing evidence

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

24 administrative law judge shall rule the lien is forfeited

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

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

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

2 in this subsection. Upon receiving judgment of a forfeited

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

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

5 index.

6 If the administrative law judge finds the lien is not

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

8 after receiving notice of the decision of the administrative

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

10 or the grantee's index.

11 A decision by an administrative law judge is reviewable

12 under the Administrative Review Law, and nothing in this

13 Section precludes a property owner or lienholder from

14 proceeding with a civil action to resolve questions concerning

15 a mechanics lien.

16 A lienholder or property owner may remove the action from

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

18 subsection (i).

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

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

21 a final administrative decision that is subject to review

22 under the Administrative Review Law by the circuit court of

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

24 review by the circuit court shall be consistent with the

25 Administrative Review Law.

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

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

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

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

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

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

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

7 of a lien under this Section.

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

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

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

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

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

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

14 property to use the mechanics lien demand and referral process

15 created by this Section.

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

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

18 final decision of the administrative law judge by delivering a

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

20 administrative law judge. Upon receipt of the certified

21 notice, the administrative law judge shall dismiss the matter

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

23 then the demand and referral process is completed for the

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

25 removed matter without deciding on whether the lien is expired

26 and without prejudice, the recorder may reinstitute the demand

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1 and referral process under subsection (d).

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

3 ~~January 1, 2026~~.

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

5 103-563, eff. 11-17-23.)

6 (55 ILCS 5/5-41065)

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

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

9 adjudication.

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

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

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

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

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

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

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

17 of the 100th General Assembly to adjudicate all referrals

18 concerning mechanics liens under Section 3-5010.8.

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

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

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

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

23 shall be removed to the proper circuit court with

24 jurisdiction.

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

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1 ~~2026~~.

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

3 (55 ILCS 5/5-43043)

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

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

6 adjudication.

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

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

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

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

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

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

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

14 of the 100th General Assembly to adjudicate all referrals

15 concerning mechanics liens under Section 3-5010.8.

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

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

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

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

20 shall be removed to the proper circuit court with

21 jurisdiction.

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

23 ~~2026~~.

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

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

2 amended by changing Sections 20 and 25 as follows:

3 (70 ILCS 1235/20)

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

5 Sec. 20. Elliot Golf Course.

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

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

8 containing the former Elliot Golf Course or other property

9 adjacent thereto if:

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

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

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

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

14 independent appraisals commissioned by the Rockford Park

15 District.

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

17 multiple independent transactions and to one or more buyers.

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

19 shall have the right to review any proposed development plan

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

21 properties described in this Section in order to confirm that

22 the proposed development plan does not adversely impact

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

24 described in the perpetual flowage easement recorded as

25 Document Number 9509260 in the Office of the Winnebago County

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

2 City of Rockford shall complete its review of any proposed

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

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

5 Valley.

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

7 ~~2026~~.

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

9 (70 ILCS 1235/25)

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

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

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

13 Park District may sell Splash Station if:

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

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

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

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

18 independent appraisals commissioned by the Joliet Park

19 District.

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

21 ~~2026~~.

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

23 Article 5.

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

2 changing Section 9 as follows:

3 (5 ILCS 70/9)

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

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

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

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

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

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

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

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

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

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

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

15 date the Governor approves the bill, the General Assembly

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

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

18 calendar days after it is presented to the Governor.

19 Any action taken in reliance on the continuous effect of

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

21 hereby validated.

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

23 Article 10.

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

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

2 follows:

3 (10 ILCS 5/1-21.5 new)

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

5 Elections and Infrastructure Integrity Task Force.

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

7 (1) The Illinois Elections and Infrastructure

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

9 effective December 21, 2022, through the addition of

10 Section 1-22 to this Code.

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

12 102-1108, Section 1-22 contained a subsection (d), which

13 provided for the dissolution of the Illinois Elections and

14 Infrastructure Integrity Task Force and the repeal of

15 Section 1-22 on June 1, 2025.

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

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

18 Election Code by extending the date for the dissolution of

19 the Illinois Elections and Infrastructure Integrity Task

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

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

22 June 16, 2025.

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

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

25 states that these rules will not be observed when the

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1 result would be "inconsistent with the manifest intent of

2 the General Assembly or repugnant to the context of the

3 statute".

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

5 Senate Bill 2456 clearly manifested the intention of the

6 General Assembly to extend the date for the dissolution of

7 the Illinois Elections and Infrastructure Integrity Task

8 Force and the repeal of Section 1-22.

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

10 the dissolution of the Illinois Elections and

11 Infrastructure Integrity Task Force and the repeal of

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

13 the manifest intent of the General Assembly.

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

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

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

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

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

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

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

21 to have been in continuous effect since its original effective

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

23 repealed.

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

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

26 any other person or entity are validated.

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

2 Elections and Infrastructure Integrity Task Force, Section

3 1-22 is set forth in full and re-enacted by this amendatory Act

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

5 as a continuation of the Illinois Elections and Infrastructure

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

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

8 General Assembly.

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

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

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

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

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

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

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

16 amendatory Act.

17 (10 ILCS 5/1-22)

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

19 Integrity Task Force.

20 (a) The Illinois Elections and Infrastructure Integrity

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

22 following members:

23 (1) 4 members appointed one each by the Speaker of the

24 House of Representatives, the Minority Leader of the House

25 of Representatives, the President of the Senate, and the

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1 Minority Leader of the Senate;

2 (2) one member with subject matter expertise regarding

3 cybersecurity, appointed by the Minority Leader of the

4 House of Representatives;

5 (3) one member with subject matter expertise regarding

6 voting technology or election integrity, appointed by the

7 Speaker of the House;

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

9 experience in operational cybersecurity, preferably

10 international operational cybersecurity, appointed by the

11 President of the Senate;

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

13 of the Senate;

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

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

16 (7) the county clerk of Cook County;

17 (8) one election administrator, appointed by the

18 Governor;

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

20 Elections or the Executive Director's designee;

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

22 designee;

23 (11) the Director of the Illinois Emergency Management

24 Agency or the Director's designee;

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

26 Secretary's designee; and

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

2 designee.

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

4 to prepare for and prevent foreign interference in elections

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

6 State and to prepare for and prevent potential cyberattacks on

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

8 Force shall prioritize the security of all Illinois residents

9 and cooperation with other states and with law enforcement to

10 protect United States national sovereignty. The Task Force

11 shall submit a report containing its findings and

12 recommendations to the Governor and the General Assembly not

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

14 report evaluating the 2024 election to the Governor and the

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

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

17 administrative support to the Task Force.

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

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

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

21 Article 15.

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

23 reenacting and changing Article 33G as follows:

24 (720 ILCS 5/Art. 33G heading)

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1 ARTICLE 33G. ILLINOIS STREET GANG

2 AND RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS LAW

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

4 (720 ILCS 5/33G-1)

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

6 Illinois Street Gang and Racketeer Influenced and Corrupt

7 Organizations Law (or "RICO").

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

9 (720 ILCS 5/33G-2)

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

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

12 violent street gangs and other forms of enterprise

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

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

15 from that criminal activity and to be given adequate remedies

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

17 provide inadequate remedies, procedures and punishments, the

18 Illinois General Assembly hereby gives the supplemental

19 remedies of the Illinois Street Gang and Racketeer Influenced

20 and Corrupt Organizations Law full force and effect under law

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

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

23 (720 ILCS 5/33G-3)

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

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

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

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

5 or possession of the United States, or any political

6 subdivision, or any department, agency, or instrumentality

7 thereof.

8 (b) "Enterprise" includes:

9 (1) any partnership, corporation, association,

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

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

12 or any combination thereof, associated in fact although

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

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

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

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

17 must:

18 (A) have an ongoing organization or structure,

19 either formal or informal;

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

21 as a continuing unit, even if the group changes

22 membership by gaining or losing members over time; and

23 (C) have an ascertainable structure distinct from

24 that inherent in the conduct of a pattern of predicate

25 activity.

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

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1 illicit enterprises.

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

3 union, craft union, or any voluntary unincorporated

4 association designed to further the cause of the rights of

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

6 part, of collective bargaining or of dealing with employers

7 concerning grievances, terms or conditions of employment, or

8 apprenticeships or applications for apprenticeships, or of

9 other mutual aid or protection in connection with employment,

10 including apprenticeships or applications for apprenticeships.

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

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

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

14 director, supervisor, financier, advisor, recruiter, supplier,

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

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

17 felony or higher and constitutes a violation or violations of

18 any of the following provisions of the laws of the State of

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

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

21 that charges under this Article are filed in a particular

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

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

24 Class 2 felony or higher in this State:

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

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

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

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

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

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

5 (trafficking in persons, involuntary servitude, and

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

7 11-1.30 (aggravated criminal sexual assault), 11-1.40

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

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

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

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

12 prostitution), 11-14.4 (promoting commercial sexual

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

14 exploited child; patronizing a sexually exploited child),

15 12-3.05 (aggravated battery), 12-6.4 (criminal street gang

16 recruitment), 12-6.5 (compelling organization membership

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

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

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

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

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

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

23 19-3 (residential burglary), 20-1 (arson; residential

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

25 20-1.2 (residential arson), 20-1.3 (place of worship

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

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1 24-1.2-5 (aggravated discharge of a machine gun or

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

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

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

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

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

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

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

9 29D-20 (making a terrorist threat), 29D-25 (falsely making

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

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

12 31A-1.2 (unauthorized contraband in a penal institution),

13 or 33A-3 (armed violence);

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

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

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

17 plants), provided the offense either involves more than

18 500 grams of any substance containing cannabis or involves

19 more than 50 cannabis sativa plants;

20 (3) under the Illinois Controlled Substances Act:

21 Sections 401 (manufacture or delivery of a controlled

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

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

24 gang criminal drug conspiracy); or

25 (4) under the Methamphetamine Control and Community

26 Protection Act: Sections 15 (methamphetamine

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1 manufacturing), or 55 (methamphetamine delivery).

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

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

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

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

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

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

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

9 or have other similar distinguishing characteristics, or

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

11 continuity between acts if they are ongoing over a

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

13 some entity does business or conducts its affairs; and

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

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

16 (excluding any period of imprisonment) after the first

17 occurrence of predicate activity.

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

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

20 9-1 (first degree murder) or 9-2 (second degree murder).

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

22 (720 ILCS 5/33G-4)

23 Sec. 33G-4. Prohibited activities.

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

25 participates in the operation or management of an enterprise,

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1 directly or indirectly, to:

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

3 pattern of predicate activity;

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

5 or

6 (3) knowingly conspire to violate this Article.

7 Notwithstanding any other provision of law, in any

8 prosecution for a conspiracy to violate this Article, no

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

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

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

12 commission of the overt act need not itself constitute

13 predicate activity underlying the specific violation of this

14 Article.

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

16 maintain, directly or indirectly, through a pattern of

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

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

19 any character, including money.

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

21 unlawful any activity which is arguably protected or

22 prohibited by the National Labor Relations Act, the Illinois

23 Educational Labor Relations Act, the Illinois Public Labor

24 Relations Act, or the Railway Labor Act.

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

26 of those organizations acting in his or her official capacity

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

2 this Article:

3 (1) a labor organization; or

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

5 I of the Standard Industrial Classification as established

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

7 Department of Labor.

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

9 convicted and sentenced either:

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

11 Article, and for any other particular offense or offenses

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

13 this Article; or

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

15 any other particular offense or offenses that may

16 constitute predicate activity underlying a violation of

17 this Article.

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

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

20 or her absence or disability, may authorize a criminal

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

22 authorizing a criminal prosecution under this Article, the

23 State's Attorney shall adopt rules and procedures governing

24 the investigation and prosecution of any offense enumerated in

25 this Article. These rules and procedures shall set forth

26 guidelines which require that any potential prosecution under

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1 this Article be subject to an internal approval process in

2 which it is determined, in a written prosecution memorandum

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

4 prosecution under this Article is necessary to ensure that the

5 indictment adequately reflects the nature and extent of the

6 criminal conduct involved in a way that prosecution only on

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

8 prosecution under this Article would provide the basis for an

9 appropriate sentence under all the circumstances of the case

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

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

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

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

14 criminal prosecution under this Article prior to reviewing the

15 prepared written prosecution memorandum. However, any internal

16 memorandum shall remain protected from disclosure under the

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

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

19 does it subject the exercise of prosecutorial discretion to

20 judicial review.

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

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

23 agent of the labor organization are exempt from prosecution

24 under this Article.

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

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1 (720 ILCS 5/33G-5)

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

3 any other provision of law:

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

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

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

7 years, or the sentence applicable to the underlying predicate

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

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

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

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

12 higher.

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

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

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

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

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

18 any, whichever is higher.

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

20 results as a necessary or natural consequence of any violation

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

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

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

24 the court, provided:

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

26 the defendant to be sentenced; and

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

2 was otherwise engaged in the violation of this Article as

3 a whole.

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

5 conditional discharge, impact incarceration or county impact

6 incarceration, court supervision, withheld adjudication, or

7 any pretrial diversionary sentence or suspended sentence, is

8 not authorized for a violation of this Article.

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

10 (720 ILCS 5/33G-6)

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

12 forfeiture.

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

14 jurisdiction to prevent and restrain violations of this

15 Article by issuing appropriate orders, including:

16 (1) ordering any person to disgorge illicit proceeds

17 obtained by a violation of this Article or divest himself

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

19 enterprise or real or personal property of any character,

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

21 violation of this Article;

22 (2) imposing reasonable restrictions on the future

23 activities or investments of any person or enterprise,

24 including prohibiting any person or enterprise from

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

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1 enterprise engaged in, that violated this Article; or

2 (3) ordering dissolution or reorganization of any

3 enterprise, making due provision for the rights of

4 innocent persons.

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

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

7 29B of this Code.

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

9 subject to reporting under the Seizure and Forfeiture

10 Reporting Act.

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

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

13 (720 ILCS 5/33G-7)

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

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

16 applicable model jury instructions set forth in the Federal

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

18 Title IX of Public Law 91-452, 84 Stat. 922 (as amended in

19 Title 18, United States Code, Sections 1961 through 1968),

20 except to the extent that they are inconsistent with the plain

21 language of this Article.

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

23 (720 ILCS 5/33G-8)

24 Sec. 33G-8. Limitations. Under this Article,

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1 notwithstanding any other provision of law, but otherwise

2 subject to the periods of exclusion from limitation as

3 provided in Section 3-7 of this Code, the following

4 limitations apply:

5 (a) Any action, proceeding, or prosecution brought under

6 this Article must commence within 5 years of one of the

7 following dates, whichever is latest:

8 (1) the date of the commission of the last occurrence

9 of predicate activity in a pattern of that activity, in

10 the form of an act underlying the alleged violation of

11 this Article; or

12 (2) in the case of an action, proceeding, or

13 prosecution, based upon a conspiracy to violate this

14 Article, the date that the last objective of the alleged

15 conspiracy was accomplished, defeated or abandoned

16 (whichever is later); or

17 (3) the date any minor victim of the violation attains

18 the age of 18 years or the date any victim of the violation

19 subject to a legal disability thereafter gains legal

20 capacity.

21 (b) Any action, proceeding, or prosecution brought under

22 this Article may be commenced at any time against all

23 defendants if the conduct of any defendant, or any part of the

24 overall violation, resulted in the unlawful death of any

25 person or persons.

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

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1 (720 ILCS 5/33G-9)

2 Sec. 33G-9. Repeal. This Article is repealed on July ~~June~~

3 1, 2027.

4 (Source: P.A. 102-918, eff. 5-27-22; 103-4, eff. 5-31-23;

5 104-10, eff. 6-16-25.)

6 (720 ILCS 5/33G-10 new)

7 Sec. 33G-10. Continuation and validation of Illinois

8 Street Gang and Racketeer Influenced and Corrupt Organizations

9 Law.

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

11 (1) When Article 33G was added to this Code by Public

12 Act 97-686, it contained a Section 33G-9, which specified

13 that Article 33G was repealed 5 years after June 11, 2012,

14 the effective date of Public Act 97-686.

15 (2) As a result of several subsequent enactments,

16 including Public Act 103-4, the repeal date of Article 33G

17 was extended to June 1, 2025.

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

19 included a provision that further extended the repeal date

20 of Article 33G from June 1, 2025 to June 1, 2027, but

21 Senate Bill 2456 did not become law until June 16, 2025.

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

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

24 states that these rules will not be observed when the

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1 result would be "inconsistent with the manifest intent of

2 the General Assembly or repugnant to the context of the

3 statute".

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

5 Senate Bill 2456 clearly manifested the intention of the

6 General Assembly to extend the date for the repeal of

7 Article 33G of this Code.

8 (6) Any construction of Section 33G-9 that results in

9 the repeal of Article 33G of this Code on June 1, 2025

10 would be inconsistent with the manifest intent of the

11 General Assembly.

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

13 Assembly that Article 33G of this Code should not be subject to

14 repeal on June 1, 2025 and that the repeal date of Article 33G

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

16 (c) Article 33G, therefore, shall not be subject to repeal

17 on June 1, 2025 and, instead, shall be deemed to have been in

18 continuous effect since its original effective date and shall

19 remain in effect until it is otherwise lawfully repealed.

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

21 Article 33G by any officer or agency of State government or any

22 other person or entity are validated.

23 (e) To ensure the continuing effectiveness of Article 33G

24 of this Code, Article 33G is set forth in full and re-enacted

25 by this amendatory Act of the 104th General Assembly. This

26 re-enactment is intended as a continuation of Article 33G. It

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1 is not intended to supersede any amendment to Article 33G that

2 is enacted by the General Assembly.

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

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

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

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

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

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

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

10 amendatory Act.

11 Article 20.

12 Section 20-5. The Eminent Domain Act is amended by adding

13 Section 25-5-104.5 and by reenacting and changing Section

14 25-5-105 as follows:

15 (735 ILCS 30/25-5-104.5 new)

16 Sec. 25-5-104.5. Continuation and validation of quick-take

17 powers; Menard County; Athens Blacktop.

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

19 (1) When Section 25-5-105 was added to this Act by

20 Public Act 103-3, it contained a provision that called for

21 Section 25-5-105 to be repealed May 31, 2023, which was 2

22 years after the effective date of Public Act 103-3.

23 (2) As a result of the enactment of Public Act

24 103-605, the repeal date of Section 25-5-105 was extended

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1 to May 31, 2025.

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

3 included a provision that further extended the repeal date

4 of Section 25-5-105 from May 31, 2025 to May 31, 2026, but

5 Senate Bill 2456 did not become law until June 16, 2025.

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

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

8 states that these rules will not be observed when the

9 result would be "inconsistent with the manifest intent of

10 the General Assembly or repugnant to the context of the

11 statute".

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

13 Senate Bill 2456 clearly manifested the intention of the

14 General Assembly to extend the date for the repeal of

15 Section 25-5-105.

16 (6) Any construction of Section 25-5-105 that results

17 in the repeal of Section 25-5-105 on May 31, 2025 would be

18 inconsistent with the manifest intent of the General

19 Assembly.

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

21 Assembly that Section 25-5-105 should not be subject to repeal

22 on May 31, 2025 and that the repeal date of Section 25-5-105

23 should be further extended to July 1, 2027.

24 (c) Section 25-5-105 of this Act, therefore, shall not be

25 subject to repeal on May 31, 2025 and, instead, shall be deemed

26 to have been in continuous effect since its original effective

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

2 repealed.

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

4 Section 25-5-105 by any officer or agency of State government

5 or any other person or entity are validated.

6 (e) To ensure the continuing effectiveness of Section

7 25-5-105, Section 25-5-105 is set forth in full and re-enacted

8 by this amendatory Act of the 104th General Assembly. This

9 re-enactment is intended as a continuation of Section

10 25-5-105. It is not intended to supersede any amendment to

11 Section 25-5-105 that is enacted by the General Assembly.

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

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

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

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

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

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

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

19 amendatory Act.

20 (735 ILCS 30/25-5-105)

21 Sec. 25-5-105. Quick-take; Menard County; Athens Blacktop.

22 (a) Quick-take proceedings under Article 20 may be used

23 for a period of one year after May 31, 2025 (2 years after the

24 effective date of Public Act 103-3) by Menard County for the

25 acquisition of the following described property for the

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1 purpose of reconstructing the Athens Blacktop corridor.

2 Route: FAS 574/Athens Blacktop Road

3 County: Menard

4 Parcel No.: D-18

5 P.I.N. No.: 12-28-400-006

6 Section: 09-00056-05-EG

7 Station: RT 181+94.77

8 Station: RT 188+48.97

9 A part of the Southeast Quarter of Section 28,

10 Township 18 North, Range 6 West of the Third Principal

11 Meridian, described as follows:

12 Commencing at the Northeast corner of the Southeast

13 Quarter of said Section 28; thence South 89 degrees 42

14 minutes 06 seconds West along the north line of the

15 Southeast Quarter of said Section 28, a distance of 669.81

16 feet to the northeast parcel corner and the point of

17 beginning; thence South 02 degrees 24 minutes 13 seconds

18 East along the east parcel line, 80.48 feet; thence South

19 72 degrees 55 minutes 03 seconds West, 103.39 feet; thence

20 South 89 degrees 43 minutes 40 seconds West, 150.00 feet;

21 thence North 86 degrees 08 minutes 49 seconds West, 405.10

22 feet to the west parcel line; thence North 01 degree 06

23 minutes 28 seconds West along said line, 80.89 feet to the

24 north line of the Southeast Quarter of said Section 28;

25 thence North 89 degrees 42 minutes 06 seconds East along

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1 said line, 651.20 feet to the point of beginning,

2 containing 0.860 acres, more or less of new right of way

3 and 0.621 acres, more or less of existing right of way.

4 Route: FAS 574/Athens Blacktop Road

5 County: Menard

6 Parcel No.: D-19

7 P.I.N. No.: 12-28-400-007

8 Section: 09-00056-05-EG

9 Station: RT 188+46.59

10 Station: RT 191+17.37

11 A part of the Southeast Quarter of Section 28,

12 Township 18 North, Range 6 West of the Third Principal

13 Meridian, described as follows:

14 Commencing at the Northeast corner of the Southeast

15 Quarter of said Section 28; thence South 89 degrees 42

16 minutes 06 seconds West along the north line of the

17 Southeast Quarter of said Section 28, a distance of 399.89

18 feet to the northeast parcel corner and the point of

19 beginning; thence South 01 degree 10 minutes 54 seconds

20 East along the east parcel line, 92.67 feet; thence South

21 80 degrees 35 minutes 32 seconds West, 17.59 feet; thence

22 South 89 degrees 43 minutes 40 seconds West, 75.00 feet;

23 thence North 00 degrees 16 minutes 20 seconds West, 45.45

24 feet to the existing southerly right of way line of Athens

25 Blacktop Road (FAS 574); thence South 89 degrees 42

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1 minutes 25 seconds West along said line, 75.00 feet;

2 thence South 72 degrees 55 minutes 03 seconds West, 105.54

3 feet to the west parcel line; thence North 02 degrees 24

4 minutes 13 seconds West along said line, 80.48 feet to the

5 north line of the Southeast Quarter of said Section 28;

6 thence North 89 degrees 42 minutes 06 seconds East along

7 said line, 269.92 feet to the point of beginning,

8 containing 0.137 acres, more or less of new right of way

9 and 0.303 acres, more or less of existing right of way.

10 (b) This Section is repealed July 1, 2027 ~~May 31, 2026 (3~~

11 ~~years after the effective date of Public Act 103-3)~~.

12 (Source: P.A. 103-3, eff. 5-31-23; 103-605, eff. 7-1-24;

13 104-10, eff. 6-16-25)

14 Article 25.

15 Section 25-5. The Election Code is amended by changing

16 Section 10-6 as follows:

17 (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)

18 Sec. 10-6. Time and manner of filing. Except as otherwise

19 provided in this Code, certificates of nomination and

20 nomination papers for the nomination of candidates for offices

21 to be filled by electors of the entire State, or any district

22 not entirely within a county, or for congressional, state

23 legislative or judicial offices, shall be presented to the

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1 principal office of the State Board of Elections not more than

2 169 nor less than 162 days previous to the day of election for

3 which the candidates are nominated. The State Board of

4 Elections shall endorse the certificates of nomination or

5 nomination papers, as the case may be, and the date and hour of

6 presentment to it. Except as otherwise provided in this Code,

7 all other certificates for the nomination of candidates shall

8 be filed with the county clerk of the respective counties not

9 more than 169 but at least 162 days previous to the day of such

10 election. Certificates of nomination and nomination papers for

11 the nomination of candidates for school district offices to be

12 filled at consolidated elections shall be filed with the

13 county clerk or county board of election commissioners of the

14 county in which the principal office of the school district is

15 located not more than 141 nor less than 134 days before the

16 consolidated election. Except as otherwise provided in this

17 Code, certificates of nomination and nomination papers for the

18 nomination of candidates for the other offices of political

19 subdivisions to be filled at regular elections other than the

20 general election shall be filed with the local election

21 official of such subdivision:

22 (1) (blank);

23 (2) not more than 141 nor less than 134 days prior to

24 the consolidated election; or

25 (3) not more than 141 nor less than 134 days prior to

26 the general primary in the case of municipal offices to be

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1 filled at the general primary election; or

2 (4) not more than 127 nor less than 120 days before the

3 consolidated primary in the case of municipal offices to

4 be elected on a nonpartisan basis pursuant to law

5 (including, without limitation, those municipal offices

6 subject to Articles 4 and 5 of the Municipal Code); or

7 (5) not more than 141 nor less than 134 days before the

8 municipal primary in even numbered years for such

9 nonpartisan municipal offices where annual elections are

10 provided; or

11 (6) in the case of petitions for the office of

12 multi-township assessor, such petitions shall be filed

13 with the election authority not more than 141 ~~113~~ nor less

14 than 134 days before the consolidated election.

15 However, where a political subdivision's boundaries are

16 co-extensive with or are entirely within the jurisdiction of a

17 municipal board of election commissioners, the certificates of

18 nomination and nomination papers for candidates for such

19 political subdivision offices shall be filed in the office of

20 such Board.

21 (Source: P.A. 102-15, eff. 6-17-21; 103-600, eff. 7-1-24.)

22 Section 25-10. The Illinois Municipal Code is amended by

23 changing Section 3.1-10-50 as follows:

24 (65 ILCS 5/3.1-10-50)

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1 Sec. 3.1-10-50. Events upon which an elective office

2 becomes vacant in municipality with population under 500,000.

3 (a) Vacancy by resignation. A resignation is not effective

4 unless it is in writing, signed by the person holding the

5 elective office, and notarized.

6 (1) Unconditional resignation. An unconditional

7 resignation by a person holding the elective office may

8 specify a future date, not later than 60 days after the

9 date the resignation is received by the officer authorized

10 to fill the vacancy, at which time it becomes operative,

11 but the resignation may not be withdrawn after it is

12 received by the officer authorized to fill the vacancy.

13 The effective date of a resignation that does not specify

14 a future date at which it becomes operative is the date the

15 resignation is received by the officer authorized to fill

16 the vacancy. The effective date of a resignation that has

17 a specified future effective date is that specified future

18 date or the date the resignation is received by the

19 officer authorized to fill the vacancy, whichever date

20 occurs later.

21 (2) Conditional resignation. A resignation that does

22 not become effective unless a specified event occurs can

23 be withdrawn at any time prior to the occurrence of the

24 specified event, but if not withdrawn, the effective date

25 of the resignation is the date of the occurrence of the

26 specified event or the date the resignation is received by

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1 the officer authorized to fill the vacancy, whichever date

2 occurs later.

3 (3) Vacancy upon the effective date. For the purpose

4 of determining the time period that would require an

5 election to fill the vacancy by resignation or the

6 commencement of the 60-day time period referred to in

7 subsection (e), the resignation of an elected officer is

8 deemed to have created a vacancy as of the effective date

9 of the resignation.

10 (4) Duty of the clerk. If a resignation is delivered

11 to the clerk of the municipality, the clerk shall forward

12 a certified copy of the written resignation to the

13 official who is authorized to fill the vacancy within 7

14 business days after receipt of the resignation.

15 (b) Vacancy by death or disability. A vacancy occurs in an

16 office by reason of the death of the incumbent. The date of the

17 death may be established by the date shown on the death

18 certificate. A vacancy occurs in an office by permanent

19 physical or mental disability rendering the person incapable

20 of performing the duties of the office. The corporate

21 authorities have the authority to make the determination

22 whether an officer is incapable of performing the duties of

23 the office because of a permanent physical or mental

24 disability. A finding of mental disability shall not be made

25 prior to the appointment by a court of a guardian ad litem for

26 the officer or until a duly licensed doctor certifies, in

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1 writing, that the officer is mentally impaired to the extent

2 that the officer is unable to effectively perform the duties

3 of the office. If the corporate authorities find that an

4 officer is incapable of performing the duties of the office

5 due to permanent physical or mental disability, that person is

6 removed from the office and the vacancy of the office occurs on

7 the date of the determination.

8 (c) Vacancy by other causes.

9 (1) Abandonment and other causes. A vacancy occurs in

10 an office by reason of abandonment of office; removal from

11 office; or failure to qualify; or more than temporary

12 removal of residence from the municipality; or in the case

13 of an alderperson of a ward or councilman or trustee of a

14 district, more than temporary removal of residence from

15 the ward or district, as the case may be. The corporate

16 authorities have the authority to determine whether a

17 vacancy under this subsection has occurred. If the

18 corporate authorities determine that a vacancy exists, the

19 office is deemed vacant as of the date of that

20 determination for all purposes including the calculation

21 under subsections (e), (f), and (g).

22 (2) Guilty of a criminal offense. An admission of

23 guilt of a criminal offense that upon conviction would

24 disqualify the municipal officer from holding the office,

25 in the form of a written agreement with State or federal

26 prosecutors to plead guilty to a felony, bribery, perjury,

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1 or other infamous crime under State or federal law,

2 constitutes a resignation from that office, effective on

3 the date the plea agreement is made. For purposes of this

4 Section, a conviction for an offense that disqualifies a

5 municipal officer from holding that office occurs on the

6 date of the return of a guilty verdict or, in the case of a

7 trial by the court, on the entry of a finding of guilt.

8 (3) Election declared void. A vacancy occurs on the

9 date of the decision of a competent tribunal declaring the

10 election of the officer void.

11 (4) Owing a debt to the municipality. A vacancy occurs

12 if a municipal official fails to pay a debt to a

13 municipality in which the official has been elected or

14 appointed to an elected position subject to the following:

15 (A) Before a vacancy may occur under this

16 paragraph (4), the municipal clerk shall deliver, by

17 personal service, a written notice to the municipal

18 official that (i) the municipal official is in arrears

19 of a debt to the municipality, (ii) that municipal

20 official must either pay or contest the debt within 30

21 days after receipt of the notice or the municipal

22 official will be disqualified and his or her office

23 vacated, and (iii) if the municipal official chooses

24 to contest the debt, the municipal official must

25 provide written notice to the municipal clerk of the

26 contesting of the debt. A copy of the notice, and the

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1 notice to contest, shall also be mailed by the

2 municipal clerk to the appointed municipal attorney by

3 certified mail. If the municipal clerk is the

4 municipal official indebted to the municipality, the

5 mayor or president of the municipality shall assume

6 the duties of the municipal clerk required under this

7 paragraph (4).

8 (B) In the event that the municipal official

9 chooses to contest the debt, a hearing shall be held

10 within 30 days of the municipal clerk's receipt of the

11 written notice of contest from the municipal official.

12 An appointed municipal hearing officer shall preside

13 over the hearing, and shall hear testimony and accept

14 evidence relevant to the existence of the debt owed by

15 the municipal officer to the municipality.

16 (C) Upon the conclusion of the hearing, the

17 hearing officer shall make a determination on the

18 basis of the evidence presented as to whether or not

19 the municipal official is in arrears of a debt to the

20 municipality. The determination shall be in writing

21 and shall be designated as findings, decision, and

22 order. The findings, decision, and order shall

23 include: (i) the hearing officer's findings of fact;

24 (ii) a decision of whether or not the municipal

25 official is in arrears of a debt to the municipality

26 based upon the findings of fact; and (iii) an order

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1 that either directs the municipal official to pay the

2 debt within 30 days or be disqualified and his or her

3 office vacated or dismisses the matter if a debt owed

4 to the municipality is not proved. A copy of the

5 hearing officer's written determination shall be

6 served upon the municipal official in open proceedings

7 before the hearing officer. If the municipal official

8 does not appear for receipt of the written

9 determination, the written determination shall be

10 deemed to have been served on the municipal official

11 on the date when a copy of the written determination is

12 personally served on the municipal official or on the

13 date when a copy of the written determination is

14 deposited in the United States mail, postage prepaid,

15 addressed to the municipal official at the address on

16 record with the municipality.

17 (D) A municipal official aggrieved by the

18 determination of a hearing officer may secure judicial

19 review of such determination in the circuit court of

20 the county in which the hearing was held. The

21 municipal official seeking judicial review must file a

22 petition with the clerk of the court and must serve a

23 copy of the petition upon the municipality by

24 registered or certified mail within 5 days after

25 service of the determination of the hearing officer.

26 The petition shall contain a brief statement of the

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1 reasons why the determination of the hearing officer

2 should be reversed. The municipal official shall file

3 proof of service with the clerk of the court. No answer

4 to the petition need be filed, but the municipality

5 shall cause the record of proceedings before the

6 hearing officer to be filed with the clerk of the court

7 on or before the date of the hearing on the petition or

8 as ordered by the court. The court shall set the matter

9 for hearing to be held within 30 days after the filing

10 of the petition and shall make its decision promptly

11 after such hearing.

12 (E) If a municipal official chooses to pay the

13 debt, or is ordered to pay the debt after the hearing,

14 the municipal official must present proof of payment

15 to the municipal clerk that the debt was paid in full,

16 and, if applicable, within the required time period as

17 ordered by a hearing officer or circuit court judge.

18 (F) A municipal official will be disqualified and

19 his or her office vacated pursuant to this paragraph

20 (4) on the later of the following times if the

21 municipal official: (i) fails to pay or contest the

22 debt within 30 days of the municipal official's

23 receipt of the notice of the debt; (ii) fails to pay

24 the debt within 30 days after being served with a

25 written determination under subparagraph (C) ordering

26 the municipal official to pay the debt; or (iii) fails

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1 to pay the debt within 30 days after being served with

2 a decision pursuant to subparagraph (D) upholding a

3 hearing officer's determination that the municipal

4 officer has failed to pay a debt owed to a

5 municipality.

6 (G) For purposes of this paragraph, a "debt" shall

7 mean an arrearage in a definitely ascertainable and

8 quantifiable amount after service of written notice

9 thereof, in the payment of any indebtedness due to the

10 municipality, which has been adjudicated before a

11 tribunal with jurisdiction over the matter. A

12 municipal official is considered in arrears of a debt

13 to a municipality if a debt is more than 30 days

14 overdue from the date the debt was due.

15 (d) Election of an acting mayor or acting president. The

16 election of an acting mayor or acting president pursuant to

17 subsection (f) or (g) does not create a vacancy in the original

18 office of the person on the city council or as a trustee, as

19 the case may be, unless the person resigns from the original

20 office following election as acting mayor or acting president.

21 If the person resigns from the original office following

22 election as acting mayor or acting president, then the

23 original office must be filled pursuant to the terms of this

24 Section and the acting mayor or acting president shall

25 exercise the powers of the mayor or president and shall vote

26 and have veto power in the manner provided by law for a mayor

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1 or president. If the person does not resign from the original

2 office following election as acting mayor or acting president,

3 then the acting mayor or acting president shall exercise the

4 powers of the mayor or president but shall be entitled to vote

5 only in the manner provided for as the holder of the original

6 office and shall not have the power to veto. If the person does

7 not resign from the original office following election as

8 acting mayor or acting president, and if that person's

9 original term of office has not expired when a mayor or

10 president is elected and has qualified for office, the acting

11 mayor or acting-president shall return to the original office

12 for the remainder of the term thereof.

13 (e) Appointment to fill alderperson or trustee vacancy. An

14 appointment by the mayor or president or acting mayor or

15 acting president, as the case may be, of a qualified person as

16 described in Section 3.1-10-5 of this Code to fill a vacancy in

17 the office of alderperson or trustee must be made within 60

18 days after the vacancy occurs. Once the appointment of the

19 qualified person has been forwarded to the corporate

20 authorities, the corporate authorities shall act upon the

21 appointment within 30 days. If the appointment fails to

22 receive the advice and consent of the corporate authorities

23 within 30 days, the mayor or president or acting mayor or

24 acting president shall appoint and forward to the corporate

25 authorities a second qualified person as described in Section

26 3.1-10-5. Once the appointment of the second qualified person

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1 has been forwarded to the corporate authorities, the corporate

2 authorities shall act upon the appointment within 30 days. If

3 the appointment of the second qualified person also fails to

4 receive the advice and consent of the corporate authorities,

5 then the mayor or president or acting mayor or acting

6 president, without the advice and consent of the corporate

7 authorities, may make a temporary appointment from those

8 persons who were appointed but whose appointments failed to

9 receive the advice and consent of the corporate authorities.

10 The person receiving the temporary appointment shall serve

11 until an appointment has received the advice and consent and

12 the appointee has qualified or until a person has been elected

13 and has qualified, whichever first occurs.

14 (f) Election to fill vacancies in municipal offices with

15 4-year terms. If a vacancy occurs in an elective municipal

16 office with a 4-year term and there remains an unexpired

17 portion of the term of at least 28 months, and the vacancy

18 occurs before the period to file petitions for ~~at least 130~~

19 ~~days before~~ the general municipal election next scheduled

20 under the general election law, then the vacancy shall be

21 filled for the remainder of the term at that general municipal

22 election. Whenever an election is held for this purpose, the

23 municipal clerk shall certify the office to be filled and the

24 candidates for the office to the proper election authorities

25 as provided in the general election law. If a vacancy occurs

26 with less than 28 months remaining in the unexpired portion of

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1 the term or after the period to file petitions for ~~less than~~

2 ~~130 days before~~ the general municipal 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 (g) Vacancies in municipal offices with 2-year terms. In

9 the case of an elective municipal office with a 2-year term, if

10 the vacancy occurs before the period to file petitions for ~~at~~

11 ~~least 130 days before~~ the general municipal election next

12 scheduled under the general election law, the vacancy shall be

13 filled for the remainder of the term at that general municipal

14 election. If the vacancy occurs after the period to file

15 petitions for ~~less than 130 days before~~ the general municipal

16 election, then:

17 (1) Mayor or president. If the vacancy is in the

18 office of mayor or president, the vacancy must be filled

19 by the corporate authorities electing one of their members

20 as acting mayor or acting president. Except as set forth

21 in subsection (d), the acting mayor or acting president

22 shall perform the duties and possess all the rights and

23 powers of the mayor or president until a mayor or

24 president is elected at the next general municipal

25 election and has qualified. However, in villages with a

26 population of less than 5,000, if each of the trustees

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1 either declines the election as acting president or is not

2 elected by a majority vote of the trustees presently

3 holding office, then the trustees may elect, as acting

4 president, any other village resident who is qualified to

5 hold municipal office, and the acting president shall

6 exercise the powers of the president and shall vote and

7 have veto power in the manner provided by law for a

8 president.

9 (2) Alderperson or trustee. If the vacancy is in the

10 office of alderperson or trustee, the vacancy must be

11 filled by the mayor or president or acting mayor or acting

12 president, as the case may be, in accordance with

13 subsection (e).

14 (3) Other elective office. If the vacancy is in any

15 elective municipal office other than mayor or president or

16 alderperson or trustee, the mayor or president or acting

17 mayor or acting president, as the case may be, must

18 appoint a qualified person to hold the office until the

19 office is filled by election, subject to the advice and

20 consent of the city council or the board of trustees, as

21 the case may be.

22 (h) In cases of vacancies arising by reason of an election

23 being declared void pursuant to paragraph (3) of subsection

24 (c), persons holding elective office prior thereto shall hold

25 office until their successors are elected and qualified or

26 appointed and confirmed by advice and consent, as the case may

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1 be.

2 (i) This Section applies only to municipalities with

3 populations under 500,000.

4 (Source: P.A. 102-15, eff. 6-17-21.)

5 Section 25-15. The Downstate Forest Preserve District Act

6 is amended by changing Section 3c-2 as follows:

7 (70 ILCS 805/3c-2)

8 Sec. 3c-2. Continuous effect of provisions; validation.

9 The General Assembly declares that the changes made to

10 Sections 3c and 3c-1 by this amendatory Act of the 103rd

11 General Assembly shall be deemed to have been in continuous

12 effect since November 15, 2021 (the effective date of Public

13 Act 102-668 ~~102-688~~) and shall continue to be in effect until

14 they are lawfully repealed. All actions that were taken on or

15 after 2021 and before the effective date of this amendatory

16 Act of the 103rd General Assembly by a downstate forest

17 preserve district or any other person and that are consistent

18 with or in reliance on the changes made to Sections 3c and 3c-1

19 by this amendatory Act of the 103rd General Assembly are

20 hereby validated.

21 (Source: P.A. 103-600, eff. 7-1-24.)

22 Section 25-20. The Park District Code is amended by

23 changing Sections 2-10a, 2-12a, and 2-25 as follows:

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1 (70 ILCS 1205/2-10a) (from Ch. 105, par. 2-10a)

2 Sec. 2-10a. Any district may provide by referendum, or by

3 resolution of the board, that the board shall be comprised of 7

4 commissioners. Any such referendum shall be initiated and held

5 in the same manner as is provided by the general election law.

6 If a majority of the votes cast on the proposition is in

7 favor of the 7-member board, or if the board adopts a

8 resolution stating that it is acting pursuant to this Section

9 in order to create a 7-member board, then whichever of the

10 following transition schedules are appropriate shall be

11 applied: At the election of commissioners next following by at

12 least 225 ~~197~~ days after the date on which the proposition to

13 create a 7-member board was approved at referendum or by

14 resolution, the number of commissioners to be elected shall be

15 2 more than the number that would otherwise have been elected.

16 If this results in the election, pursuant to Section 2-12 of

17 this Act, of 4 commissioners at that election, one of the 4, to

18 be determined by lot within 30 days after the election, shall

19 serve for a term of 4 years or 2 years as the case may be,

20 instead of 6 years, so that his term will expire in the same

21 year in which the term of only one of the incumbent

22 commissioners expires. Thereafter, all commissioners shall be

23 elected for 6-year terms as provided in Section 2-12. If the

24 creation of a 7-member board results in the election of either

25 3 or 4 commissioners, pursuant to Section 2-12a of this Act, at

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1 that election, 2 of them, to be determined by lot within 30

2 days after the election, shall serve for terms of 2 years

3 instead of 4 years. Thereafter, all commissioners shall be

4 elected for 4-year terms as provided in Section 2-12a of this

5 Act.

6 In any district where a 7-member board has been created

7 pursuant to this Section whether by referendum or by

8 resolution, the number of commissioners may later be reduced

9 to 5, but only by a referendum initiated and held in the same

10 manner as prescribed in this Section for creating a 7-member

11 board. No proposition to reduce the number of commissioners

12 shall affect the terms of any commissioners holding office at

13 the time of the referendum or to be elected within 225 ~~197~~ days

14 after the referendum. If a majority of the votes cast on the

15 proposition is in favor of reducing a 7-member board to a

16 5-member board, then, at the election of commissioners next

17 following by at least 225 ~~197~~ days after the date on which the

18 proposition was approved at referendum, the number of

19 commissioners to be elected shall be 2 less than the number

20 that would otherwise have been elected and whichever of the

21 following transition schedules are appropriate shall be

22 applied: (i) if this results in the election of no

23 commissioners for a 6-year term pursuant to Section 2-12 of

24 this Act, then at the next election in which 3 commissioners

25 are scheduled to be elected to 6-year terms as provided in

26 Section 2-12, one of the 3, to be determined by lot within 30

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1 days after the election, shall serve for a term of 4 years or 2

2 years, as the case may be, instead of 6 years, so that his or

3 her term will expire in the same year in which the term of no

4 incumbent commissioner is scheduled to expire; thereafter, all

5 commissioners shall be elected for 6-year terms as provided in

6 Section 2-12; or (ii) if the reduction to a 5-member board

7 results in the election of one commissioner to a 4-year term,

8 pursuant to Section 2-12a of this Act, then at the next

9 election in which 4 commissioners are scheduled to be elected

10 to 4-year terms as provided in Section 2-12a, one of the 4, to

11 be determined by lot within 30 days after the election, shall

12 serve for a term of 2 years, instead of 4 years, so that his or

13 her term will expire in the same year in which the term of only

14 one incumbent commissioner is scheduled to expire; thereafter,

15 all commissioners shall be elected for 4-year terms as

16 provided in Section 2-12a.

17 (Source: P.A. 103-467, eff. 8-4-23.)

18 (70 ILCS 1205/2-12a) (from Ch. 105, par. 2-12a)

19 Sec. 2-12a. Any district may provide, either by resolution

20 of the board or by referendum, that the term of commissioners

21 shall be 4 years rather than 6 years. Any such referendum shall

22 be initiated and held in the same manner as is provided by the

23 general election law for public questions authorized by

24 Article VII of the Illinois Constitution.

25 If a majority of the votes cast on the proposition is in

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1 favor of a 4-year term for commissioners, or if the Board

2 adopts a resolution stating that it is acting pursuant to this

3 Section to change the term of office from 6 years to 4 years,

4 commissioners thereafter elected, commencing with the first

5 regular park district election at least 225 ~~197~~ days after the

6 date on which the proposition for 4-year terms was approved at

7 referendum or by resolution, shall be elected for a term of 4

8 years. In order to provide for the transition from 6-year

9 terms to 4-year terms:

10 (1) If 2 commissioners on a 5-member board are to be

11 elected at the first such election and if the term of only

12 one commissioner is scheduled to expire in the year of the

13 next election at which commissioners are elected, of the 2

14 commissioners elected, one shall serve a 2-year term and

15 one a 4-year term, to be determined by lot between the 2

16 persons elected within 30 days after the election.

17 (2) On a 7-member board under Section 2-10a, if the

18 terms of only 2 commissioners are scheduled to expire in

19 the year of the second election at which commissioners are

20 elected after the first regular park district election at

21 least 225 ~~197~~ days after the date on which the proposition

22 for 4-year terms was approved at referendum or by

23 resolution, then:

24 (A) if 3 commissioners are elected at the first

25 regular election, 2 of the commissioners elected shall

26 serve a 2-year term and one shall serve a 4-year term

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1 to be determined by lot between persons elected within

2 30 days after the first election; or

3 (B) if 2 commissioners are elected at the first

4 regular election, those 2 commissioners elected shall

5 serve a 2-year term.

6 In any district where the board has created 4-year terms

7 pursuant to this Section, whether by referendum or by

8 resolution, the length of terms may later be increased to 6

9 years, but only by a referendum initiated and held in the same

10 manner as prescribed in this Section for creating 4-year

11 terms. No proposition to increase the terms of commissioners

12 shall affect any commissioner holding office at the time of

13 the referendum or to be elected within 225 ~~197~~ days after the

14 referendum.

15 (Source: P.A. 103-467, eff. 8-4-23.)

16 (70 ILCS 1205/2-25) (from Ch. 105, par. 2-25)

17 Sec. 2-25. Vacancies. Whenever any member of the governing

18 board of any park district (i) dies, (ii) resigns, (iii)

19 becomes under legal disability, (iv) ceases to be a legal

20 voter in the district, (v) is convicted in any court located in

21 the United States of any infamous crime, bribery, perjury, or

22 other felony, (vi) refuses or neglects to take his or her oath

23 of office, (vii) neglects to perform the duties of his or her

24 office or attend meetings of the board for the length of time

25 as the board fixes by ordinance, or (viii) for any other reason

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1 specified by law, that office may be declared vacant.

2 Vacancies shall be filled by appointment by a majority of the

3 remaining members of the board. Any person so appointed shall

4 hold his or her office until the next regular election for this

5 office, at which a member shall be elected to fill the vacancy

6 for the unexpired term, subject to the following conditions:

7 (1) If the vacancy occurs with less than 28 months

8 remaining in the term, the person appointed to fill the

9 vacancy shall hold his or her office until the expiration

10 of the term for which he or she has been appointed, and no

11 election to fill the vacancy shall be held.

12 (2) If the vacancy occurs with more than 28 months

13 left in the term, but less than 151 ~~123~~ days before the

14 next regularly scheduled election for this office, the

15 person appointed to fill the vacancy shall hold his or her

16 office until the second regularly scheduled election for

17 the office following the appointment, at which a member

18 shall be elected to fill the vacancy for the unexpired

19 term.

20 (Source: P.A. 101-257, eff. 8-9-19; 102-558, eff. 8-20-21.)

21 Section 25-25. The School Code is amended by changing

22 Sections 3A-6 and 34-4.1 as follows:

23 (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)

24 Sec. 3A-6. Election of Superintendent for consolidated

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1 region - Bond - Vacancies in any educational service region.

2 (a) The regional superintendent to be elected under

3 Section 3A-5 shall be elected at the time provided in the

4 general election law and must possess the qualifications

5 described in Section 3-1 of this Act.

6 (b) The bond required under Section 3-2 shall be filed in

7 the office of the county clerk in the county where the regional

8 office is situated, and a certified copy of that bond shall be

9 filed in the office of the county clerk in each of the other

10 counties in the region.

11 (c) When a vacancy occurs in the office of regional

12 superintendent of schools of any educational service region

13 which is not located in a county which is a home rule unit,

14 such vacancy shall be filled within 60 days (i) by appointment

15 of the chairman of the county board, with the advice and

16 consent of the county board, when such vacancy occurs in a

17 single county educational service region; or (ii) by

18 appointment of a committee composed of the chairmen of the

19 county boards of those counties comprising the affected

20 educational service region when such vacancy occurs in a

21 multicounty educational service region, each committeeman to

22 be entitled to one vote for each vote that was received in the

23 county represented by such committeeman on the committee by

24 the regional superintendent of schools whose office is vacant

25 at the last election at which a regional superintendent was

26 elected to such office, and the person receiving the highest

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1 number of affirmative votes from the committeemen for such

2 vacant office to be deemed the person appointed by such

3 committee to fill the vacancy. The appointee shall be a member

4 of the same political party as the regional superintendent of

5 schools the appointee succeeds was at the time such regional

6 superintendent of schools last was elected. The appointee

7 shall serve for the remainder of the term. However, if more

8 than 28 months remain in that term and the vacancy occurs at

9 least 130 days before the next general election, the

10 appointment shall be until the next general election, at which

11 time the vacated office shall be filled by election for the

12 remainder of the term. Nominations shall be made and any

13 vacancy in nomination shall be filled as follows:

14 (1) If the vacancy in office occurs before the first

15 date provided in Section 7-12 of the Election Code for

16 filing nomination papers for county offices for the

17 primary in the next even-numbered year following

18 commencement of the term of office in which the vacancy

19 occurs, nominations for the election for filling the

20 vacancy shall be made pursuant to Article 7 of the

21 Election Code.

22 (2) If the vacancy in office occurs during the time

23 provided in Section 7-12 of the Election Code for filing

24 nomination papers for county offices for the primary in

25 the next even-numbered year following commencement of the

26 term of office in which the vacancy occurs, the time for

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1 filing nomination papers for the primary shall not be more

2 than 120 ~~91~~ days nor less than 113 ~~85~~ days prior to the

3 date of the primary.

4 (3) If the vacancy in office occurs after the last day

5 provided in Section 7-12 of the Election Code for filing

6 nomination papers for county offices for the primary in

7 the next even-numbered year following commencement of the

8 term of office in which the vacancy occurs, a vacancy in

9 nomination shall be deemed to have occurred and the county

10 central committee of each established political party (if

11 the vacancy occurs in a single county educational service

12 region) or the multi-county educational service region

13 committee of each established political party (if the

14 vacancy occurs in a multi-county educational service

15 region) shall nominate, by resolution, a candidate to fill

16 the vacancy in nomination for election to the office at

17 the general election. In the nomination proceedings to

18 fill the vacancy in nomination, each member of the county

19 central committee or the multi-county educational service

20 region committee, whichever applies, shall have the voting

21 strength as set forth in Section 7-8 or 7-8.02 of the

22 Election Code, respectively. The name of the candidate so

23 nominated shall not appear on the ballot at the general

24 primary election. The vacancy in nomination shall be

25 filled prior to the date of certification of candidates

26 for the general election.

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1 (4) The resolution to fill the vacancy shall be duly

2 acknowledged before an officer qualified to take

3 acknowledgments of deeds and shall include, upon its face,

4 the following information: (A) the name of the original

5 nominee and the office vacated; (B) the date on which the

6 vacancy occurred; and (C) the name and address of the

7 nominee selected to fill the vacancy and the date of

8 selection. The resolution to fill the vacancy shall be

9 accompanied by a statement of candidacy, as prescribed in

10 Section 7-10 of the Election Code, completed by the

11 selected nominee, a certificate from the State Board of

12 Education, as prescribed in Section 3-1 of this Code, and

13 a receipt indicating that the nominee has filed a

14 statement of economic interests as required by the

15 Illinois Governmental Ethics Act.

16 The provisions of Sections 10-8 through 10-10.1 of the

17 Election Code relating to objections to nomination papers,

18 hearings on objections, and judicial review shall also apply

19 to and govern objections to nomination papers and resolutions

20 for filling vacancies in nomination filed pursuant to this

21 Section. Unless otherwise specified in this Section, the

22 nomination and election provided for in this Section is

23 governed by the general election law.

24 Except as otherwise provided by applicable county

25 ordinance or by law, if a vacancy occurs in the office of

26 regional superintendent of schools of an educational service

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1 region that is located in a county that is a home rule unit and

2 that has a population of less than 2,000,000 inhabitants, that

3 vacancy shall be filled by the county board of such home rule

4 county.

5 Any person appointed to fill a vacancy in the office of

6 regional superintendent of schools of any educational service

7 region must possess the qualifications required to be elected

8 to the position of regional superintendent of schools, and

9 shall obtain a certificate of eligibility from the State

10 Superintendent of Education and file same with the county

11 clerk of the county in which the regional superintendent's

12 office is located.

13 If the regional superintendent of schools is called into

14 the active military service of the United States, his office

15 shall not be deemed to be vacant, but a temporary appointment

16 shall be made as in the case of a vacancy. The appointee shall

17 perform all the duties of the regional superintendent of

18 schools during the time the regional superintendent of schools

19 is in the active military service of the United States, and

20 shall be paid the same compensation apportioned as to the time

21 of service, and such appointment and all authority thereunder

22 shall cease upon the discharge of the regional superintendent

23 of schools from such active military service. The appointee

24 shall give the same bond as is required of a regularly elected

25 regional superintendent of schools.

26 (Source: P.A. 96-893, eff. 7-1-10.)

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1 (105 ILCS 5/34-4.1)

2 Sec. 34-4.1. Nomination petitions. In addition to the

3 requirements of the general election law, the form of

4 petitions under Section 34-4 of this Code shall be

5 substantially as follows:

6 NOMINATING PETITIONS

7 (LEAVE OUT THE INAPPLICABLE PART.)

8 To the Board of Election Commissioners for the City of

9 Chicago:

10 We the undersigned, being (.... or more) of the voters

11 residing within said district, hereby petition that .... who

12 resides at .... in the City of Chicago shall be a candidate for

13 the office of .... of the Chicago Board of Education (full

14 term) (vacancy) to be voted for at the election to be held on

15 (insert date).

16 Name: .................. Address: ...................

17 In the designation of the name of a candidate on a petition

18 for nomination, the candidate's given name or names, initial

19 or initials, a nickname by which the candidate is commonly

20 known, or a combination thereof may be used in addition to the

21 candidate's surname. If a candidate has changed his or her

22 name, whether by a statutory or common law procedure in

23 Illinois or any other jurisdiction, within 3 years before the

24 last day for filing the petition, then (i) the candidate's

25 name on the petition must be followed by "formerly known as

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1 (list all prior names during the 3-year period) until name

2 changed on (list date of each such name change)" and (ii) the

3 petition must be accompanied by the candidate's affidavit

4 stating the candidate's previous names during the period

5 specified in clause (i) and the date or dates each of those

6 names was changed; failure to meet these requirements shall be

7 grounds for denying certification of the candidate's name for

8 the ballot, but these requirements do not apply to name

9 changes to conform a candidate's name to the candidate's

10 identity or name changes resulting from adoption to assume an

11 adoptive parent's or parents' surname, marriage or civil union

12 to assume a spouse's surname, or dissolution of marriage or

13 civil union or declaration of invalidity of marriage to assume

14 a former surname. No other designation, such as a political

15 slogan, as defined by Section 7-17 of the Election Code, title

16 or degree, or nickname suggesting or implying possession of a

17 title, degree or professional status, or similar information

18 may be used in connection with the candidate's surname.

19 All petitions for the nomination of members of the Chicago

20 Board of Education shall be filed with the board of election

21 commissioners of the jurisdiction in which the principal

22 office of the school district is located and ~~within the time~~

23 ~~provided for by Article 7 of the Election Code, except that~~

24 ~~petitions for the nomination of members of the Chicago Board~~

25 ~~of Education for the 2024 general election~~ shall be prepared,

26 filed, and certified as outlined in Article 10 of the Election

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1 Code. The board of election commissioners shall receive and

2 file only those petitions that include a statement of

3 candidacy, the required number of voter signatures, the

4 notarized signature of the petition circulator, and a receipt

5 from the county clerk showing that the candidate has filed a

6 statement of economic interests ~~interest~~ on or before the last

7 day to file as required by the Illinois Governmental Ethics

8 Act. The board of election commissioners may have petition

9 forms available for issuance to potential candidates and may

10 give notice of the petition filing period by publication in a

11 newspaper of general circulation within the school district

12 not less than 10 days prior to the first day of filing. The

13 board of election commissioners shall make certification to

14 the proper election authorities in accordance with the general

15 election law.

16 The board of election commissioners of the jurisdiction in

17 which the principal office of the school district is located

18 shall notify the candidates for whom a petition for nomination

19 is filed or the appropriate committee of the obligations under

20 the Campaign Financing Act as provided in the general election

21 law. Such notice shall be given on a form prescribed by the

22 State Board of Elections and in accordance with the

23 requirements of the general election law. The board of

24 election commissioners shall within 7 days of filing or on the

25 last day for filing, whichever is earlier, acknowledge to the

26 petitioner in writing the office's acceptance of the petition.

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1 A candidate for membership on the Chicago Board of

2 Education who has petitioned for nomination to fill a full

3 term and to fill a vacant term to be voted upon at the same

4 election must withdraw his or her petition for nomination from

5 either the full term or the vacant term by written

6 declaration.

7 Nomination petitions are not valid unless the candidate

8 named therein files with the board of election commissioners a

9 receipt from the county clerk showing that the candidate has

10 filed a statement of economic interests as required by the

11 Illinois Governmental Ethics Act. Such receipt shall be so

12 filed either previously during the calendar year in which his

13 or her nomination papers were filed or within the period for

14 the filing of nomination papers in accordance with the general

15 election law.

16 (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21;

17 103-467, eff. 8-4-23; 103-584, eff. 3-18-24; revised 6-27-25.)

18 Article 35.

19 Section 35-5. "AN ACT concerning employment", approved

20 June 30, 2025, (Public Act 104-17) is amended by changing

21 Section 99 as follows:

22 (P.A. 104-17, Sec. 99)

23 Sec. 99. Effective date. This Act takes effect upon

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1 becoming law, except that Section 10 takes effect July 1,

2 2026.

3 (Source: P.A. 104-17, eff. 6-30-2025.)

4 Article 40.

5 Section 40-5. The Regional Transportation Authority Act is

6 amended by changing Sections 4.01 and 4.09 as follows:

7 (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)

8 Sec. 4.01. Budget and Program.

9 (a) The Board shall control the finances of the Authority.

10 It shall by ordinance adopted by the affirmative vote of at

11 least 12 of its then Directors (i) appropriate money to

12 perform the Authority's purposes and provide for payment of

13 debts and expenses of the Authority, (ii) take action with

14 respect to the budget and two-year financial plan of each

15 Service Board, as provided in Section 4.11, and (iii) adopt an

16 Annual Budget and Two-Year Financial Plan for the Authority

17 that includes the annual budget and two-year financial plan of

18 each Service Board that has been approved by the Authority.

19 The Annual Budget and Two-Year Financial Plan shall contain a

20 statement of the funds estimated to be on hand for the

21 Authority and each Service Board at the beginning of the

22 fiscal year, the funds estimated to be received from all

23 sources for such year, the estimated expenses and obligations

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1 of the Authority and each Service Board for all purposes,

2 including expenses for contributions to be made with respect

3 to pension and other employee benefits, and the funds

4 estimated to be on hand at the end of such year. The fiscal

5 year of the Authority and each Service Board shall begin on

6 January 1st and end on the succeeding December 31st. By July

7 1st of each year the Director of the Illinois Governor's

8 Office of Management and Budget (formerly Bureau of the

9 Budget) shall submit to the Authority an estimate of revenues

10 for the next fiscal year of the Authority to be collected from

11 the taxes imposed by the Authority and the amounts to be

12 available in the Public Transportation Fund and the Regional

13 Transportation Authority Occupation and Use Tax Replacement

14 Fund and the amounts otherwise to be appropriated by the State

15 to the Authority for its purposes. The Authority shall file a

16 copy of its Annual Budget and Two-Year Financial Plan with the

17 General Assembly and the Governor after its adoption. Before

18 the proposed Annual Budget and Two-Year Financial Plan is

19 adopted, the Authority shall hold at least one public hearing

20 thereon in the metropolitan region, and shall meet with the

21 county board or its designee of each of the several counties in

22 the metropolitan region. After conducting such hearings and

23 holding such meetings and after making such changes in the

24 proposed Annual Budget and Two-Year Financial Plan as the

25 Board deems appropriate, the Board shall adopt its annual

26 appropriation and Annual Budget and Two-Year Financial Plan

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1 ordinance. The ordinance may be adopted only upon the

2 affirmative votes of 12 of its then Directors. The ordinance

3 shall appropriate such sums of money as are deemed necessary

4 to defray all necessary expenses and obligations of the

5 Authority, specifying purposes and the objects or programs for

6 which appropriations are made and the amount appropriated for

7 each object or program. Additional appropriations, transfers

8 between items and other changes in such ordinance may be made

9 from time to time by the Board upon the affirmative votes of 12

10 of its then Directors.

11 (b) The Annual Budget and Two-Year Financial Plan shall

12 show a balance between anticipated revenues from all sources

13 and anticipated expenses including funding of operating

14 deficits or the discharge of encumbrances incurred in prior

15 periods and payment of principal and interest when due, and

16 shall show cash balances sufficient to pay with reasonable

17 promptness all obligations and expenses as incurred.

18 The Annual Budget and Two-Year Financial Plan must show:

19 (i) that the level of fares and charges for mass

20 transportation provided by, or under grant or purchase of

21 service contracts of, the Service Boards is sufficient to

22 cause the aggregate of all projected fare revenues from

23 such fares and charges received in each fiscal year to

24 equal at least 50% of the aggregate costs of providing

25 such public transportation in such fiscal year. However,

26 due to the fiscal impacts of the COVID-19 pandemic, the

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1 aggregate of all projected fare revenues from such fares

2 and charges received in fiscal years 2021, 2022, 2023,

3 2024, ~~and~~ 2025, and 2026 may be less than 50% of the

4 aggregate costs of providing such public transportation in

5 those fiscal years. "Fare revenues" include the proceeds

6 of all fares and charges for services provided,

7 contributions received in connection with public

8 transportation from units of local government other than

9 the Authority, except for contributions received by the

10 Chicago Transit Authority from a real estate transfer tax

11 imposed under subsection (i) of Section 8-3-19 of the

12 Illinois Municipal Code, and from the State pursuant to

13 subsection (i) of Section 2705-305 of the Department of

14 Transportation Law (20 ILCS 2705/2705-305), and all other

15 operating revenues properly included consistent with

16 generally accepted accounting principles but do not

17 include: the proceeds of any borrowings, and, beginning

18 with the 2007 fiscal year, all revenues and receipts,

19 including but not limited to fares and grants received

20 from the federal, State or any unit of local government or

21 other entity, derived from providing ADA paratransit

22 service pursuant to Section 2.30 of the Regional

23 Transportation Authority Act. "Costs" include all items

24 properly included as operating costs consistent with

25 generally accepted accounting principles, including

26 administrative costs, but do not include: depreciation;

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1 payment of principal and interest on bonds, notes or other

2 evidences of obligation for borrowed money issued by the

3 Authority; payments with respect to public transportation

4 facilities made pursuant to subsection (b) of Section 2.20

5 of this Act; any payments with respect to rate protection

6 contracts, credit enhancements or liquidity agreements

7 made under Section 4.14; any other cost to which it is

8 reasonably expected that a cash expenditure will not be

9 made; costs for passenger security including grants,

10 contracts, personnel, equipment and administrative

11 expenses, except in the case of the Chicago Transit

12 Authority, in which case the term does not include costs

13 spent annually by that entity for protection against crime

14 as required by Section 27a of the Metropolitan Transit

15 Authority Act; the payment by the Chicago Transit

16 Authority of Debt Service, as defined in Section 12c of

17 the Metropolitan Transit Authority Act, on bonds or notes

18 issued pursuant to that Section; the payment by the

19 Commuter Rail Division of debt service on bonds issued

20 pursuant to Section 3B.09; expenses incurred by the

21 Suburban Bus Division for the cost of new public

22 transportation services funded from grants pursuant to

23 Section 2.01e of this amendatory Act of the 95th General

24 Assembly for a period of 2 years from the date of

25 initiation of each such service; costs as exempted by the

26 Board for projects pursuant to Section 2.09 of this Act;

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1 or, beginning with the 2007 fiscal year, expenses related

2 to providing ADA paratransit service pursuant to Section

3 2.30 of the Regional Transportation Authority Act; and in

4 fiscal years 2008 through 2012 inclusive, costs in the

5 amount of $200,000,000 in fiscal year 2008, reducing by

6 $40,000,000 in each fiscal year thereafter until this

7 exemption is eliminated; and

8 (ii) that the level of fares charged for ADA

9 paratransit services is sufficient to cause the aggregate

10 of all projected revenues from such fares charged and

11 received in each fiscal year to equal at least 10% of the

12 aggregate costs of providing such ADA paratransit

13 services. However, due to the fiscal impacts of the

14 COVID-19 pandemic, the aggregate of all projected fare

15 revenues from such fares and charges received in fiscal

16 years 2021, 2022, 2023, 2024, ~~and~~ 2025, and 2026 may be

17 less than 10% of the aggregate costs of providing such ADA

18 paratransit services in those fiscal years. For purposes

19 of this Act, the percentages in this subsection (b)(ii)

20 shall be referred to as the "system generated ADA

21 paratransit services revenue recovery ratio". For purposes

22 of the system generated ADA paratransit services revenue

23 recovery ratio, "costs" shall include all items properly

24 included as operating costs consistent with generally

25 accepted accounting principles. However, the Board may

26 exclude from costs an amount that does not exceed the

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1 allowable "capital costs of contracting" for ADA

2 paratransit services pursuant to the Federal Transit

3 Administration guidelines for the Urbanized Area Formula

4 Program.

5 The Authority shall file a statement certifying that the

6 Service Boards published the data described in subsection

7 (b-5) with the General Assembly and the Governor after

8 adoption of the Annual Budget and Two-Year Financial Plan

9 required by subsection (a). If the Authority fails to file a

10 statement certifying publication of the data, then the

11 appropriations to the Department of Transportation for grants

12 to the Authority intended to reimburse the Service Boards for

13 providing free and reduced fares shall be withheld.

14 (b-5) For fiscal years 2024 and 2025, the Service Boards

15 must publish a monthly comprehensive set of data regarding

16 transit service and safety. The data included shall include

17 information to track operations including:

18 (1) staffing levels, including numbers of budgeted

19 positions, current positions employed, hired staff,

20 attrition, staff in training, and absenteeism rates;

21 (2) scheduled service and delivered service, including

22 percentage of scheduled service delivered by day, service

23 by mode of transportation, service by route and rail line,

24 total number of revenue miles driven, excess wait times by

25 day, by mode of transportation, by bus route, and by stop;

26 and

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1 (3) safety on the system, including the number of

2 incidents of crime and code of conduct violations on

3 system, any performance measures used to evaluate the

4 effectiveness of investments in private security, safety

5 equipment, and other security investments in the system.

6 If no performance measures exist to evaluate the

7 effectiveness of these safety investments, the Service

8 Boards and Authority shall develop and publish these

9 performance measures.

10 The Authority and Service Boards shall solicit input and

11 ideas on publishing data on the service reliability,

12 operations, and safety of the system from the public and

13 groups representing transit riders, workers, and businesses.

14 (c) The actual administrative expenses of the Authority

15 for the fiscal year commencing January 1, 1985 may not exceed

16 $5,000,000. The actual administrative expenses of the

17 Authority for the fiscal year commencing January 1, 1986, and

18 for each fiscal year thereafter shall not exceed the maximum

19 administrative expenses for the previous fiscal year plus 5%.

20 "Administrative expenses" are defined for purposes of this

21 Section as all expenses except: (1) capital expenses and

22 purchases of the Authority on behalf of the Service Boards;

23 (2) payments to Service Boards; and (3) payment of principal

24 and interest on bonds, notes or other evidence of obligation

25 for borrowed money issued by the Authority; (4) costs for

26 passenger security including grants, contracts, personnel,

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1 equipment and administrative expenses; (5) payments with

2 respect to public transportation facilities made pursuant to

3 subsection (b) of Section 2.20 of this Act; and (6) any

4 payments with respect to rate protection contracts, credit

5 enhancements or liquidity agreements made pursuant to Section

6 4.14.

7 (d) This subsection applies only until the Department

8 begins administering and enforcing an increased tax under

9 Section 4.03(m) as authorized by this amendatory Act of the

10 95th General Assembly. After withholding 15% of the proceeds

11 of any tax imposed by the Authority and 15% of money received

12 by the Authority from the Regional Transportation Authority

13 Occupation and Use Tax Replacement Fund, the Board shall

14 allocate the proceeds and money remaining to the Service

15 Boards as follows: (1) an amount equal to 85% of the proceeds

16 of those taxes collected within the City of Chicago and 85% of

17 the money received by the Authority on account of transfers to

18 the Regional Transportation Authority Occupation and Use Tax

19 Replacement Fund from the County and Mass Transit District

20 Fund attributable to retail sales within the City of Chicago

21 shall be allocated to the Chicago Transit Authority; (2) an

22 amount equal to 85% of the proceeds of those taxes collected

23 within Cook County outside the City of Chicago and 85% of the

24 money received by the Authority on account of transfers to the

25 Regional Transportation Authority Occupation and Use Tax

26 Replacement Fund from the County and Mass Transit District

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1 Fund attributable to retail sales within Cook County outside

2 of the city of Chicago shall be allocated 30% to the Chicago

3 Transit Authority, 55% to the Commuter Rail Board and 15% to

4 the Suburban Bus Board; and (3) an amount equal to 85% of the

5 proceeds of the taxes collected within the Counties of DuPage,

6 Kane, Lake, McHenry and Will shall be allocated 70% to the

7 Commuter Rail Board and 30% to the Suburban Bus Board.

8 (e) This subsection applies only until the Department

9 begins administering and enforcing an increased tax under

10 Section 4.03(m) as authorized by this amendatory Act of the

11 95th General Assembly. Moneys received by the Authority on

12 account of transfers to the Regional Transportation Authority

13 Occupation and Use Tax Replacement Fund from the State and

14 Local Sales Tax Reform Fund shall be allocated among the

15 Authority and the Service Boards as follows: 15% of such

16 moneys shall be retained by the Authority and the remaining

17 85% shall be transferred to the Service Boards as soon as may

18 be practicable after the Authority receives payment. Moneys

19 which are distributable to the Service Boards pursuant to the

20 preceding sentence shall be allocated among the Service Boards

21 on the basis of each Service Board's distribution ratio. The

22 term "distribution ratio" means, for purposes of this

23 subsection (e) of this Section 4.01, the ratio of the total

24 amount distributed to a Service Board pursuant to subsection

25 (d) of Section 4.01 for the immediately preceding calendar

26 year to the total amount distributed to all of the Service

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1 Boards pursuant to subsection (d) of Section 4.01 for the

2 immediately preceding calendar year.

3 (f) To carry out its duties and responsibilities under

4 this Act, the Board shall employ staff which shall: (1)

5 propose for adoption by the Board of the Authority rules for

6 the Service Boards that establish (i) forms and schedules to

7 be used and information required to be provided with respect

8 to a five-year capital program, annual budgets, and two-year

9 financial plans and regular reporting of actual results

10 against adopted budgets and financial plans, (ii) financial

11 practices to be followed in the budgeting and expenditure of

12 public funds, (iii) assumptions and projections that must be

13 followed in preparing and submitting its annual budget and

14 two-year financial plan or a five-year capital program; (2)

15 evaluate for the Board public transportation programs operated

16 or proposed by the Service Boards and transportation agencies

17 in terms of the goals and objectives set out in the Strategic

18 Plan; (3) keep the Board and the public informed of the extent

19 to which the Service Boards and transportation agencies are

20 meeting the goals and objectives adopted by the Authority in

21 the Strategic Plan; and (4) assess the efficiency or adequacy

22 of public transportation services provided by a Service Board

23 and make recommendations for change in that service to the end

24 that the moneys available to the Authority may be expended in

25 the most economical manner possible with the least possible

26 duplication.

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1 (g) All Service Boards, transportation agencies,

2 comprehensive planning agencies, including the Chicago

3 Metropolitan Agency for Planning, or transportation planning

4 agencies in the metropolitan region shall furnish to the

5 Authority such information pertaining to public transportation

6 or relevant for plans therefor as it may from time to time

7 require. The Executive Director, or his or her designee,

8 shall, for the purpose of securing any such information

9 necessary or appropriate to carry out any of the powers and

10 responsibilities of the Authority under this Act, have access

11 to, and the right to examine, all books, documents, papers or

12 records of a Service Board or any transportation agency

13 receiving funds from the Authority or Service Board, and such

14 Service Board or transportation agency shall comply with any

15 request by the Executive Director, or his or her designee,

16 within 30 days or an extended time provided by the Executive

17 Director.

18 (h) No Service Board shall undertake any capital

19 improvement which is not identified in the Five-Year Capital

20 Program.

21 (i) Each Service Board shall furnish to the Board access

22 to its financial information including, but not limited to,

23 audits and reports. The Board shall have real-time access to

24 the financial information of the Service Boards; however, the

25 Board shall be granted read-only access to the Service Board's

26 financial information.

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1 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)

2 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)

3 Sec. 4.09. Public Transportation Fund and the Regional

4 Transportation Authority Occupation and Use Tax Replacement

5 Fund.

6 (a)(1) Except as otherwise provided in paragraph (4), as

7 soon as possible after the first day of each month, beginning

8 July 1, 1984, upon certification of the Department of Revenue,

9 the Comptroller shall order transferred and the Treasurer

10 shall transfer from the General Revenue Fund to a special fund

11 in the State Treasury to be known as the Public Transportation

12 Fund an amount equal to 25% of the net revenue, before the

13 deduction of the serviceman and retailer discounts pursuant to

14 Section 9 of the Service Occupation Tax Act and Section 3 of

15 the Retailers' Occupation Tax Act, realized from any tax

16 imposed by the Authority pursuant to Sections 4.03 and 4.03.1

17 and 25% of the amounts deposited into the Regional

18 Transportation Authority tax fund created by Section 4.03 of

19 this Act, from the County and Mass Transit District Fund as

20 provided in Section 6z-20 of the State Finance Act and 25% of

21 the amounts deposited into the Regional Transportation

22 Authority Occupation and Use Tax Replacement Fund from the

23 State and Local Sales Tax Reform Fund as provided in Section

24 6z-17 of the State Finance Act. On the first day of the month

25 following the date that the Department receives revenues from

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1 increased taxes under Section 4.03(m) as authorized by Public

2 Act 95-708, in lieu of the transfers authorized in the

3 preceding sentence, upon certification of the Department of

4 Revenue, the Comptroller shall order transferred and the

5 Treasurer shall transfer from the General Revenue Fund to the

6 Public Transportation Fund an amount equal to 25% of the net

7 revenue, before the deduction of the serviceman and retailer

8 discounts pursuant to Section 9 of the Service Occupation Tax

9 Act and Section 3 of the Retailers' Occupation Tax Act,

10 realized from (i) 80% of the proceeds of any tax imposed by the

11 Authority at a rate of 1.25% in Cook County, (ii) 75% of the

12 proceeds of any tax imposed by the Authority at the rate of 1%

13 in Cook County, and (iii) one-third of the proceeds of any tax

14 imposed by the Authority at the rate of 0.75% in the Counties

15 of DuPage, Kane, Lake, McHenry, and Will, all pursuant to

16 Section 4.03, and 25% of the net revenue realized from any tax

17 imposed by the Authority pursuant to Section 4.03.1, and 25%

18 of the amounts deposited into the Regional Transportation

19 Authority tax fund created by Section 4.03 of this Act from the

20 County and Mass Transit District Fund as provided in Section

21 6z-20 of the State Finance Act, and 25% of the amounts

22 deposited into the Regional Transportation Authority

23 Occupation and Use Tax Replacement Fund from the State and

24 Local Sales Tax Reform Fund as provided in Section 6z-17 of the

25 State Finance Act. As used in this Section, net revenue

26 realized for a month shall be the revenue collected by the

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1 State pursuant to Sections 4.03 and 4.03.1 during the previous

2 month from within the metropolitan region, less the amount

3 paid out during that same month as refunds to taxpayers for

4 overpayment of liability in the metropolitan region under

5 Sections 4.03 and 4.03.1.

6 Notwithstanding any provision of law to the contrary,

7 beginning on July 6, 2017 (the effective date of Public Act

8 100-23), those amounts required under this paragraph (1) of

9 subsection (a) to be transferred by the Treasurer into the

10 Public Transportation Fund from the General Revenue Fund shall

11 be directly deposited into the Public Transportation Fund as

12 the revenues are realized from the taxes indicated.

13 (2) Except as otherwise provided in paragraph (4), on

14 February 1, 2009 (the first day of the month following the

15 effective date of Public Act 95-708) and each month

16 thereafter, upon certification by the Department of Revenue,

17 the Comptroller shall order transferred and the Treasurer

18 shall transfer from the General Revenue Fund to the Public

19 Transportation Fund an amount equal to 5% of the net revenue,

20 before the deduction of the serviceman and retailer discounts

21 pursuant to Section 9 of the Service Occupation Tax Act and

22 Section 3 of the Retailers' Occupation Tax Act, realized from

23 any tax imposed by the Authority pursuant to Sections 4.03 and

24 4.03.1 and certified by the Department of Revenue under

25 Section 4.03(n) of this Act to be paid to the Authority and 5%

26 of the amounts deposited into the Regional Transportation

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1 Authority tax fund created by Section 4.03 of this Act from the

2 County and Mass Transit District Fund as provided in Section

3 6z-20 of the State Finance Act, and 5% of the amounts deposited

4 into the Regional Transportation Authority Occupation and Use

5 Tax Replacement Fund from the State and Local Sales Tax Reform

6 Fund as provided in Section 6z-17 of the State Finance Act, and

7 5% of the revenue realized by the Chicago Transit Authority as

8 financial assistance from the City of Chicago from the

9 proceeds of any tax imposed by the City of Chicago under

10 Section 8-3-19 of the Illinois Municipal Code.

11 Notwithstanding any provision of law to the contrary,

12 beginning on July 6, 2017 (the effective date of Public Act

13 100-23), those amounts required under this paragraph (2) of

14 subsection (a) to be transferred by the Treasurer into the

15 Public Transportation Fund from the General Revenue Fund shall

16 be directly deposited into the Public Transportation Fund as

17 the revenues are realized from the taxes indicated.

18 (3) Except as otherwise provided in paragraph (4), as soon

19 as possible after the first day of January, 2009 and each month

20 thereafter, upon certification of the Department of Revenue

21 with respect to the taxes collected under Section 4.03, the

22 Comptroller shall order transferred and the Treasurer shall

23 transfer from the General Revenue Fund to the Public

24 Transportation Fund an amount equal to 25% of the net revenue,

25 before the deduction of the serviceman and retailer discounts

26 pursuant to Section 9 of the Service Occupation Tax Act and

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1 Section 3 of the Retailers' Occupation Tax Act, realized from

2 (i) 20% of the proceeds of any tax imposed by the Authority at

3 a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any

4 tax imposed by the Authority at the rate of 1% in Cook County,

5 and (iii) one-third of the proceeds of any tax imposed by the

6 Authority at the rate of 0.75% in the Counties of DuPage, Kane,

7 Lake, McHenry, and Will, all pursuant to Section 4.03, and the

8 Comptroller shall order transferred and the Treasurer shall

9 transfer from the General Revenue Fund to the Public

10 Transportation Fund (iv) an amount equal to 25% of the revenue

11 realized by the Chicago Transit Authority as financial

12 assistance from the City of Chicago from the proceeds of any

13 tax imposed by the City of Chicago under Section 8-3-19 of the

14 Illinois Municipal Code.

15 Notwithstanding any provision of law to the contrary,

16 beginning on July 6, 2017 (the effective date of Public Act

17 100-23), those amounts required under this paragraph (3) of

18 subsection (a) to be transferred by the Treasurer into the

19 Public Transportation Fund from the General Revenue Fund shall

20 be directly deposited into the Public Transportation Fund as

21 the revenues are realized from the taxes indicated.

22 (4) Notwithstanding any provision of law to the contrary,

23 for the State fiscal year beginning July 1, 2024 and each State

24 fiscal year thereafter, the first $150,000,000 that would have

25 otherwise been transferred from the General Revenue Fund and

26 deposited into the Public Transportation Fund as provided in

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1 paragraphs (1), (2), and (3) of this subsection (a) shall

2 instead be transferred from the Road Fund by the Treasurer

3 upon certification by the Department of Revenue and order of

4 the Comptroller. For the State fiscal year beginning July 1,

5 2024, only, the next $75,000,000 that would have otherwise

6 been transferred from the General Revenue Fund and deposited

7 into the Public Transportation Fund as provided in paragraphs

8 (1), (2), and (3) of this subsection (a) shall instead be

9 transferred from the Road Fund and deposited into the Public

10 Transportation Fund by the Treasurer upon certification by the

11 Department of Revenue and order of the Comptroller. The funds

12 authorized and transferred pursuant to this amendatory Act of

13 the 103rd General Assembly are not intended or planned for

14 road construction projects. For the State fiscal year

15 beginning July 1, 2024, only, the next $50,000,000 that would

16 have otherwise been transferred from the General Revenue Fund

17 and deposited into the Public Transportation Fund as provided

18 in paragraphs (1), (2), and (3) of this subsection (a) shall

19 instead be transferred from the Underground Storage Tank Fund

20 and deposited into the Public Transportation Fund by the

21 Treasurer upon certification by the Department of Revenue and

22 order of the Comptroller. The remaining balance shall be

23 deposited each State fiscal year as otherwise provided in

24 paragraphs (1), (2), and (3) of this subsection (a).

25 (5) (Blank).

26 (6) (Blank).

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1 (7) For State fiscal year 2020 only, notwithstanding any

2 provision of law to the contrary, the total amount of revenue

3 and deposits under this Section attributable to revenues

4 realized during State fiscal year 2020 shall be reduced by 5%.

5 (8) For State fiscal year 2021 only, notwithstanding any

6 provision of law to the contrary, the total amount of revenue

7 and deposits under this Section attributable to revenues

8 realized during State fiscal year 2021 shall be reduced by 5%.

9 (b)(1) All moneys deposited in the Public Transportation

10 Fund and the Regional Transportation Authority Occupation and

11 Use Tax Replacement Fund, whether deposited pursuant to this

12 Section or otherwise, are allocated to the Authority, except

13 for amounts appropriated to the Office of the Executive

14 Inspector General as authorized by subsection (h) of Section

15 4.03.3 and amounts transferred to the Audit Expense Fund

16 pursuant to Section 6z-27 of the State Finance Act. The

17 Comptroller, as soon as possible after each monthly transfer

18 provided in this Section and after each deposit into the

19 Public Transportation Fund, shall order the Treasurer to pay

20 to the Authority out of the Public Transportation Fund the

21 amount so transferred or deposited. Any Additional State

22 Assistance and Additional Financial Assistance paid to the

23 Authority under this Section shall be expended by the

24 Authority for its purposes as provided in this Act. The

25 balance of the amounts paid to the Authority from the Public

26 Transportation Fund shall be expended by the Authority as

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1 provided in Section 4.03.3. The Comptroller, as soon as

2 possible after each deposit into the Regional Transportation

3 Authority Occupation and Use Tax Replacement Fund provided in

4 this Section and Section 6z-17 of the State Finance Act, shall

5 order the Treasurer to pay to the Authority out of the Regional

6 Transportation Authority Occupation and Use Tax Replacement

7 Fund the amount so deposited. Such amounts paid to the

8 Authority may be expended by it for its purposes as provided in

9 this Act. The provisions directing the distributions from the

10 Public Transportation Fund and the Regional Transportation

11 Authority Occupation and Use Tax Replacement Fund provided for

12 in this Section shall constitute an irrevocable and continuing

13 appropriation of all amounts as provided herein. The State

14 Treasurer and State Comptroller are hereby authorized and

15 directed to make distributions as provided in this Section.

16 (2) Provided, however, no moneys deposited under subsection

17 (a) of this Section shall be paid from the Public

18 Transportation Fund to the Authority or its assignee for any

19 fiscal year until the Authority has certified to the Governor,

20 the Comptroller, and the Mayor of the City of Chicago that it

21 has adopted for that fiscal year an Annual Budget and Two-Year

22 Financial Plan meeting the requirements in Section 4.01(b).

23 (c) In recognition of the efforts of the Authority to

24 enhance the mass transportation facilities under its control,

25 the State shall provide financial assistance ("Additional

26 State Assistance") in excess of the amounts transferred to the

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1 Authority from the General Revenue Fund under subsection (a)

2 of this Section. Additional State Assistance shall be

3 calculated as provided in subsection (d), but shall in no

4 event exceed the following specified amounts with respect to

5 the following State fiscal years:

6	`1990`	`$5,000,000;`
7	`1991`	`$5,000,000;`
8	`1992`	`$10,000,000;`
9	`1993`	`$10,000,000;`
10	`1994`	`$20,000,000;`
11	`1995`	`$30,000,000;`
12	`1996`	`$40,000,000;`
13	`1997`	`$50,000,000;`
14	`1998`	`$55,000,000; and`
15	`each year thereafter`	`$55,000,000.`

16 (c-5) The State shall provide financial assistance

17 ("Additional Financial Assistance") in addition to the

18 Additional State Assistance provided by subsection (c) and the

19 amounts transferred to the Authority from the General Revenue

20 Fund under subsection (a) of this Section. Additional

21 Financial Assistance provided by this subsection shall be

22 calculated as provided in subsection (d), but shall in no

23 event exceed the following specified amounts with respect to

24 the following State fiscal years:

25		`2000`	`$0;`
26		`2001`	`$16,000,000;`

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1	`2002`	`$35,000,000;`
2	`2003`	`$54,000,000;`
3	`2004`	`$73,000,000;`
4	`2005`	`$93,000,000; and`
5	`each year thereafter`	`$100,000,000.`

6 (d) Beginning with State fiscal year 1990 and continuing

7 for each State fiscal year thereafter, the Authority shall

8 annually certify to the State Comptroller and State Treasurer,

9 separately with respect to each of subdivisions (g)(2) and

10 (g)(3) of Section 4.04 of this Act, the following amounts:

11 (1) The amount necessary and required, during the

12 State fiscal year with respect to which the certification

13 is made, to pay its obligations for debt service on all

14 outstanding bonds or notes issued by the Authority under

15 subdivisions (g)(2) and (g)(3) of Section 4.04 of this

16 Act.

17 (2) An estimate of the amount necessary and required

18 to pay its obligations for debt service for any bonds or

19 notes which the Authority anticipates it will issue under

20 subdivisions (g)(2) and (g)(3) of Section 4.04 during that

21 State fiscal year.

22 (3) Its debt service savings during the preceding

23 State fiscal year from refunding or advance refunding of

24 bonds or notes issued under subdivisions (g)(2) and (g)(3)

25 of Section 4.04.

26 (4) The amount of interest, if any, earned by the

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1 Authority during the previous State fiscal year on the

2 proceeds of bonds or notes issued pursuant to subdivisions

3 (g)(2) and (g)(3) of Section 4.04, other than refunding or

4 advance refunding bonds or notes.

5 The certification shall include a specific schedule of

6 debt service payments, including the date and amount of each

7 payment for all outstanding bonds or notes and an estimated

8 schedule of anticipated debt service for all bonds and notes

9 it intends to issue, if any, during that State fiscal year,

10 including the estimated date and estimated amount of each

11 payment.

12 Immediately upon the issuance of bonds for which an

13 estimated schedule of debt service payments was prepared, the

14 Authority shall file an amended certification with respect to

15 item (2) above, to specify the actual schedule of debt service

16 payments, including the date and amount of each payment, for

17 the remainder of the State fiscal year.

18 On the first day of each month of the State fiscal year in

19 which there are bonds outstanding with respect to which the

20 certification is made, the State Comptroller shall order

21 transferred and the State Treasurer shall transfer from the

22 Road Fund to the Public Transportation Fund the Additional

23 State Assistance and Additional Financial Assistance in an

24 amount equal to the aggregate of (i) one-twelfth of the sum of

25 the amounts certified under items (1) and (3) above less the

26 amount certified under item (4) above, plus (ii) the amount

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1 required to pay debt service on bonds and notes issued during

2 the fiscal year, if any, divided by the number of months

3 remaining in the fiscal year after the date of issuance, or

4 some smaller portion as may be necessary under subsection (c)

5 or (c-5) of this Section for the relevant State fiscal year,

6 plus (iii) any cumulative deficiencies in transfers for prior

7 months, until an amount equal to the sum of the amounts

8 certified under items (1) and (3) above, plus the actual debt

9 service certified under item (2) above, less the amount

10 certified under item (4) above, has been transferred; except

11 that these transfers are subject to the following limits:

12 (A) In no event shall the total transfers in any State

13 fiscal year relating to outstanding bonds and notes issued

14 by the Authority under subdivision (g)(2) of Section 4.04

15 exceed the lesser of the annual maximum amount specified

16 in subsection (c) or the sum of the amounts certified

17 under items (1) and (3) above, plus the actual debt

18 service certified under item (2) above, less the amount

19 certified under item (4) above, with respect to those

20 bonds and notes.

21 (B) In no event shall the total transfers in any State

22 fiscal year relating to outstanding bonds and notes issued

23 by the Authority under subdivision (g)(3) of Section 4.04

24 exceed the lesser of the annual maximum amount specified

25 in subsection (c-5) or the sum of the amounts certified

26 under items (1) and (3) above, plus the actual debt

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1 service certified under item (2) above, less the amount

2 certified under item (4) above, with respect to those

3 bonds and notes.

4 The term "outstanding" does not include bonds or notes for

5 which refunding or advance refunding bonds or notes have been

6 issued.

7 (e) Neither Additional State Assistance nor Additional

8 Financial Assistance may be pledged, either directly or

9 indirectly as general revenues of the Authority, as security

10 for any bonds issued by the Authority. The Authority may not

11 assign its right to receive Additional State Assistance or

12 Additional Financial Assistance, or direct payment of

13 Additional State Assistance or Additional Financial

14 Assistance, to a trustee or any other entity for the payment of

15 debt service on its bonds.

16 (f) The certification required under subsection (d) with

17 respect to outstanding bonds and notes of the Authority shall

18 be filed as early as practicable before the beginning of the

19 State fiscal year to which it relates. The certification shall

20 be revised as may be necessary to accurately state the debt

21 service requirements of the Authority.

22 (g) Within 6 months of the end of each fiscal year, the

23 Authority shall determine:

24 (i) whether the aggregate of all system generated

25 revenues for public transportation in the metropolitan

26 region which is provided by, or under grant or purchase of

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1 service contracts with, the Service Boards equals 50% of

2 the aggregate of all costs of providing such public

3 transportation. "System generated revenues" include all

4 the proceeds of fares and charges for services provided,

5 contributions received in connection with public

6 transportation from units of local government other than

7 the Authority, except for contributions received by the

8 Chicago Transit Authority from a real estate transfer tax

9 imposed under subsection (i) of Section 8-3-19 of the

10 Illinois Municipal Code, and from the State pursuant to

11 subsection (i) of Section 2705-305 of the Department of

12 Transportation Law, and all other revenues properly

13 included consistent with generally accepted accounting

14 principles but may not include: the proceeds from any

15 borrowing, and, beginning with the 2007 fiscal year, all

16 revenues and receipts, including but not limited to fares

17 and grants received from the federal, State or any unit of

18 local government or other entity, derived from providing

19 ADA paratransit service pursuant to Section 2.30 of the

20 Regional Transportation Authority Act. "Costs" include all

21 items properly included as operating costs consistent with

22 generally accepted accounting principles, including

23 administrative costs, but do not include: depreciation;

24 payment of principal and interest on bonds, notes or other

25 evidences of obligations for borrowed money of the

26 Authority; payments with respect to public transportation

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1 facilities made pursuant to subsection (b) of Section

2 2.20; any payments with respect to rate protection

3 contracts, credit enhancements or liquidity agreements

4 made under Section 4.14; any other cost as to which it is

5 reasonably expected that a cash expenditure will not be

6 made; costs for passenger security including grants,

7 contracts, personnel, equipment and administrative

8 expenses, except in the case of the Chicago Transit

9 Authority, in which case the term does not include costs

10 spent annually by that entity for protection against crime

11 as required by Section 27a of the Metropolitan Transit

12 Authority Act; the costs of Debt Service paid by the

13 Chicago Transit Authority, as defined in Section 12c of

14 the Metropolitan Transit Authority Act, or bonds or notes

15 issued pursuant to that Section; the payment by the

16 Commuter Rail Division of debt service on bonds issued

17 pursuant to Section 3B.09; expenses incurred by the

18 Suburban Bus Division for the cost of new public

19 transportation services funded from grants pursuant to

20 Section 2.01e of this Act for a period of 2 years from the

21 date of initiation of each such service; costs as exempted

22 by the Board for projects pursuant to Section 2.09 of this

23 Act; or, beginning with the 2007 fiscal year, expenses

24 related to providing ADA paratransit service pursuant to

25 Section 2.30 of the Regional Transportation Authority Act;

26 or in fiscal years 2008 through 2012 inclusive, costs in

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1 the amount of $200,000,000 in fiscal year 2008, reducing

2 by $40,000,000 in each fiscal year thereafter until this

3 exemption is eliminated. If said system generated revenues

4 are less than 50% of said costs, the Board shall remit an

5 amount equal to the amount of the deficit to the State;

6 however, due to the fiscal impacts from the COVID-19

7 pandemic, for fiscal years 2021, 2022, 2023, 2024, ~~and~~

8 2025, and 2026, no such payment shall be required. The

9 Treasurer shall deposit any such payment in the Road Fund;

10 and

11 (ii) whether, beginning with the 2007 fiscal year, the

12 aggregate of all fares charged and received for ADA

13 paratransit services equals the system generated ADA

14 paratransit services revenue recovery ratio percentage of

15 the aggregate of all costs of providing such ADA

16 paratransit services.

17 (h) If the Authority makes any payment to the State under

18 paragraph (g), the Authority shall reduce the amount provided

19 to a Service Board from funds transferred under paragraph (a)

20 in proportion to the amount by which that Service Board failed

21 to meet its required system generated revenues recovery ratio.

22 A Service Board which is affected by a reduction in funds under

23 this paragraph shall submit to the Authority concurrently with

24 its next due quarterly report a revised budget incorporating

25 the reduction in funds. The revised budget must meet the

26 criteria specified in clauses (i) through (vi) of Section

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1 4.11(b)(2). The Board shall review and act on the revised

2 budget as provided in Section 4.11(b)(3).

3 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24;

4 103-588, eff. 6-5-24.)

5 Article 99.

6 Section 99-99. Effective date. This Act takes effect upon

7 becoming law.".