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Illinois General Assembly· HB 1437Governor Approved

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HB1437 Enrolled                       LRB104 08139 SPS 18185 b

1   AN ACT concerning State government.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4                             Article 1.

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

6 Section 1-20.1 as follows:

7   (10 ILCS 5/1-20.1)

8   (Section scheduled to be repealed on January 1, 2026)

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

10 Public Office.

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

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

13 what criminal conduct precludes a person from holding public

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

15 criminal conduct should preclude an individual from holding

16 public office.

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

18 members:

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

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

21  association advocating for the advancement of civil

22  liberties or his or her designee, an executive director of
    HB1437 Enrolled  -2-            LRB104 08139 SPS 18185 b

1   a legal aid organization or statewide association with a

2   practice group dedicated to or focused on returning

3   citizen expungements and sealing of criminal records, all

4   appointed by the Governor.

5   (2) 4 members of the public, one appointed by each of

6   the following: the Speaker of the House of

7   Representatives; the Minority Leader of the House of

8   Representatives; the President of the Senate; and the

9   Minority Leader of the Senate.

10  (3) 2 individuals who have been formerly incarcerated,

11  appointed by the Governor.

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

13  (5) 2 individuals from the Illinois Sentencing Policy

14  Advisory Council appointed by the Executive Director.

15  (6) 2 State Representatives appointed by the Speaker

16  of the House of Representatives; 2 State Representatives

17  appointed by the Minority Leader of the House of

18  Representatives; 2 State Senators appointed by the

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

20  Minority Leader of the Senate.

21  The members of the Task Force shall serve without

22 compensation. All appointments under this subsection must be

23 made within 30 days after the effective date of this

24 amendatory Act of the 104th 103rd General Assembly.

25  (c) The State Board of Elections shall provide

26 administrative and technical support to the Task Force and be
    HB1437 Enrolled            -3-  LRB104 08139 SPS 18185 b

1 responsible for administering its operations and ensuring that

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

3 Director of the State Board of Elections shall appoint a

4 cochairperson for the Task Force and the President of the

5 Senate and the Speaker of the House of Representatives shall

6 jointly appoint a cochairperson for the Task Force.

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

8 first meeting occurring within 60 days after the effective

9 date of this amendatory Act of the 104th 103rd General

10 Assembly. The Executive Director of the State Board of

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

12 meeting of the Task Force.

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

14 precludes an individual from holding public office in this

15 State; the policy rationale for precluding an individual from

16 holding public office based on certain criminal conduct;

17 available research and best practices for restoring returning

18 individuals to full citizenship; and the processes of

19 restoration of eligibility to hold public office in this

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

21 recommendations as to what criminal conduct shall preclude an

22 individual from holding public office in this State.

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

24 Task Force's findings and recommendations and needed

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

26 findings and recommendations to the General Assembly and the
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1 Governor by May 1, 2027 2025.

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

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

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

5 changing Section 8.10 as follows:

6   (20 ILCS 105/8.10)

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

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

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

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

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

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

13 adults and their caregivers. The Commission shall make

14 recommendations to improve access to benefits, services, and

15 supports for LGBTQ older adults and their caregivers. The

16 Commission, in formulating its recommendations, shall take

17 into account the best policies and practices in other states

18 and jurisdictions. Specifically, the Commission shall:

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

20  policies, and regulations on LGBTQ older adults and make

21  recommendations to ensure equitable access, treatment,

22  care and benefits, and overall quality of life.

23  (2) Examine best practices for increasing access,

24  reducing isolation, preventing abuse and exploitation,
    HB1437 Enrolled           -5-       LRB104 08139 SPS 18185 b

1   promoting        independence  and  self-determination,

2   strengthening caregiving, eliminating disparities, and

3   improving overall quality of life for LGBTQ older adults.

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

5   assigned at birth, socioeconomic status, disability,

6   sexual orientation, gender identity, and other

7   characteristics on access to services for LGBTQ older

8   adults and make recommendations to ensure equitable

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

10  of life.

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

12  adults living with HIV/AIDS and make recommendations to

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

14  overall quality of life.

15  (5) Examine strategies to increase provider awareness

16  of the needs of LGBTQ older adults and their caregivers

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

18  services, and ongoing care, including preventive care.

19  (6) Examine the feasibility of developing statewide

20  training curricula to improve provider competency in the

21  delivery of culturally responsive health, housing, and

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

23  caregivers.

24  (7) Assess the funding and programming needed to

25  enhance services to the growing population of LGBTQ older

26  adults.
    HB1437 Enrolled          -6-        LRB104 08139 SPS 18185 b

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

2   the absence thereof, promote the premature admission of

3   LGBTQ older adults to institutional care, and examine

4   whether potential cost-savings exist for LGBTQ older

5   adults as a result of providing lower cost and culturally

6   responsive home and community-based alternatives to

7   institutional care.

8   (9) Examine outreach protocols to reduce apprehension

9   among LGBTQ older adults and caregivers of utilizing

10  mainstream providers.

11  (10) Evaluate the implementation status of Public Act

12  101-325.

13  (11) Evaluate the implementation status of Public Act

14  102-543, examine statewide strategies for the collection

15  of sexual orientation and gender identity data and the

16  impact of these strategies on the provision of services to

17  LGBTQ older adults, and conduct a statewide survey

18  designed to approximate the number of LGBTQ older adults

19  in the State and collect demographic information (if

20  resources allow for the implementation of a survey

21  instrument).

22  (b) Commission members.

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

24  following persons who must be appointed by the Governor

25  within 60 days after the effective date of this amendatory

26  Act of the 102nd General Assembly:
    HB1437 Enrolled       -7-      LRB104 08139 SPS 18185 b

1   (A) one member from a statewide organization that

2   advocates for older adults;

3   (B) one member from a national organization that

4   advocates for LGBTQ older adults;

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

6   healthcare organization founded to serve LGBTQ people;

7   (D) the director of senior services from a

8   community center serving LGBTQ people, or the

9   director's designee;

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

11  organization;

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

13  project incubator and think tank that is focused on

14  action that leads to improved outcomes and

15  opportunities for LGBTQ communities;

16  (G) one member from a labor organization that

17  provides care and services for older adults in

18  long-term care facilities;

19  (H) one member from a statewide association

20  representing long-term care facilities;

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

22  Asian-American, Pacific Islander, Indigenous, or

23  Latinx LGBTQ people;

24  (J) one member from a statewide organization for

25  people with disabilities; and

26  (K) 10 LGBTQ older adults, including at least:
    HB1437 Enrolled    -8-  LRB104 08139 SPS 18185 b

1                    (i) 3 members who are transgender or

2   gender-expansive individuals;

3                    (ii) 2 members who are older adults living

4   with HIV;

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

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

7   Black individual;

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

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

10  Pacific Islander individual; and

11                   (vii) one member who is an ethnically diverse

12  individual.

13  (2) The following State agencies shall each designate

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

15  Commission: the Department, the Department of Public

16  Health, the Department of Human Services, the Department

17  of Healthcare and Family Services, and the Department of

18  Veterans Affairs.

19  (3) Appointing authorities shall ensure, to the

20  maximum extent practicable, that the Commission is diverse

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

22  gender identity, gender expression, and geography.

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

24  Section is repealed. Members shall continue to serve until

25  their successors are appointed. Any vacancy shall be

26  filled by the appointing authority. Any vacancy occurring
    HB1437 Enrolled      -9-      LRB104 08139 SPS 18185 b

1   other than by the dissolution of the Commission shall be

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

3   the Commission shall serve without compensation but shall

4   be reimbursed for expenses necessarily incurred in the

5   performance of their duties.

6   (c) Commission organization. The Commission shall provide

7 for its organization and procedure, including selection of the

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

9 shall constitute a quorum for the transaction of business.

10 Administrative and other support for the Commission shall be

11 provided by the Department. Any State agency under the

12 jurisdiction of the Governor shall provide testimony and

13 information as directed by the Commission.

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

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

16  Public meetings may be virtually conducted.

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

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

19  the Illinois Council on Aging that details the progress

20  made toward achieving the Commission's stated objectives

21  and that contains findings and recommendations, including

22  any recommended legislation. The annual report shall be

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

24  accessible website.

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

26  final report in the same manner as an annual report,
    HB1437 Enrolled     - 10 - LRB104 08139 SPS 18185 b

1   detailing the work the Commission has done since its

2   inception and providing the findings and recommendations,

3   including any recommended legislation. The final report

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

5   publicly accessible website.

6   The Department and Commission may collaborate with an

7 institution of higher education in Illinois to compile the

8 reports required under this Section.

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

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

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

12 amended by changing Section 5.27 as follows:

13  (20 ILCS 505/5.27)

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

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

16 Task Force.

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

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

19 recommendations regarding mental health and wellness services

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

21 mental health services provided 30 days after the date upon

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

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

24 Additionally, the Task Force shall:
    HB1437 Enrolled           - 11 - LRB104 08139 SPS 18185 b

1   (1) assess the capacity of State licensed mental

2   health professionals to provide preventive mental health

3   care to youth in care;

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

5   providers serving the youth in care population;

6   (3) evaluate the process for smaller private practices

7   and agencies to bill through managed care, evaluate

8   delayed payments to mental health providers, and recommend

9   improvements to make billing practices more efficient;

10  (4) evaluate the recruitment and retention of mental

11  health providers who are persons of color to serve the

12  youth in care population; and

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

14  necessary by the Task Force.

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

16 follows:

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

18  the Director's designee.

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

20  the Director's designee.

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

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

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

24  appointed one each by the Speaker of the House of

25  Representatives and the Minority Leader of the House of

26  Representatives.
    HB1437 Enrolled              - 12 - LRB104 08139 SPS 18185 b

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

2   the President of the Senate and the Minority Leader of the

3   Senate.

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

5   appointed by the Governor.

6           (7) One representative from the managed care entity

7   managing the YouthCare program, appointed by the Director

8   of Healthcare and Family Services.

9   Task Force members shall serve without compensation but

10 may be reimbursed for necessary expenses incurred in the

11 performance of their duties.

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

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

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

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

16 deemed present for the purposes of establishing a quorum and

17 voting.

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

19 conjunction with the Department of Children and Family

20 Services, shall provide administrative and other support to

21 the Task Force.

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

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

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

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

26 later than December 31, 2026 2025. Upon submission of its
   HB1437 Enrolled        - 13 - LRB104 08139 SPS 18185 b

1 final report, the Task Force is dissolved.

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

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

4 103-811, eff. 8-9-24.)

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

6 changing Section 10 as follows:

7  (20 ILCS 750/10)

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

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

10 subject to appropriation, study food insecurity in urban and

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

12 the reasons for current market failures, potential policy

13 solutions, geographic trends, and the need for independent

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

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

16 assess the need for aspirational goals for ownership among

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

18 the Business Enterprise for Minorities, Women, and Persons

19 with Disabilities Act. The Department may enter into

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

21 This report shall be submitted to the General Assembly by

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

23 2027 2026.

24 (Source: P.A. 103-561, eff. 1-1-24.)
    HB1437 Enrolled      - 14 - LRB104 08139 SPS 18185 b

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

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

3   (20 ILCS 1605/21.4)

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

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

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

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

8 21.11, 21.13, 21.15, and 21.16. The operation of the game

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

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

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

12 reasonably practical and shall be discontinued on January 1,

13 2027. If any provision of this Section is inconsistent with

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

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

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

17 special cause for the remainder of the special causes'

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

19  (c) New specialty tickets and causes authorized by this

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

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

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

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

24  (d) Net revenue received from the sale of the joint
    HB1437 Enrolled      - 15 - LRB104 08139 SPS 18185 b

 1 special instant scratch-off game for the purposes of this
 2 Section shall be divided equally among the special causes the
 3 game benefits. At the direction of the Department, the State
 4 Comptroller shall direct and the State Treasurer shall
 5 transfer from the State Lottery Fund the net revenue to the
 6 specific fund identified for each special cause in accordance
 7 with the special cause's respective Section in this Act. As
 8 used in this Section, "net revenue" means the total amount for
 9 which tickets have been sold less the sum of the amount paid
10 out in prizes and to retailers, and direct and estimated
11 administrative expenses incurred in operation of the ticket.
12 (Source: P.A. 103-381, eff. 7-28-23; 103-574, eff. 12-8-23.)

13  (20 ILCS 1605/21.5)

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

15  (a) The Department shall offer a special instant

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

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

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

19 reasonably practical, and shall be discontinued on December

20 31, 2026. The operation of the game shall be governed by this

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

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

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

24 of Public Health Powers and Duties Law of the Civil

25 Administrative Code of Illinois, regarding the design and
   HB1437 Enrolled        - 16 - LRB104 08139 SPS 18185 b

1 promotion of the game.

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

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

4 revenue from the Carolyn Adams Ticket For The Cure special

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

6 appropriation by the General Assembly solely to the Department

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

8 private entities in Illinois for the purpose of funding breast

9 cancer research, and supportive services for breast cancer

10 survivors and those impacted by breast cancer and breast

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

12 Health shall consider criteria that includes, but is not

13 limited to, projects and initiatives that address disparities

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

15 data from the Illinois Cancer Registry, and populations facing

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

17 before grants are awarded, provide copies of all grant

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

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

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

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

22 limitation, expenditures to develop and advance the

23 understanding, techniques, and modalities effective in the

24 detection, prevention, screening, and treatment of breast

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

26 not be used for institutional, organizational, or
    HB1437 Enrolled      - 17 - LRB104 08139 SPS 18185 b

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

2   Moneys received for the purposes of this Section,

3 including, without limitation, net revenue from the special

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

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

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

7 into the Fund.

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

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

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

11 estimated administrative expenses of the Department solely

12 related to the Ticket For The Cure game.

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

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

15 unreasonably diminish the efforts devoted to marketing any

16 other instant scratch-off lottery game.

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

18 implement and administer the provisions of this Section.

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

20  (20 ILCS 1605/21.8)

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

22  (a) The Department shall offer a special instant

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

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

25 discretion of the Director, as is reasonably practical, and
   HB1437 Enrolled            - 18 - LRB104 08139 SPS 18185 b

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

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

3 the Department. The Department must consult with the Quality

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

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

6 Civil Administrative Code of Illinois, regarding the design

7 and promotion of the game.

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

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

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

11 deposited into the Fund for appropriation by the General

12 Assembly solely to the Department of Public Health for the

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

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

15 funding organizations that serve the highest at-risk

16 categories for contracting HIV or developing AIDS. Grants

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

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

19 among risk groups as reported by the Illinois Department of

20 Public Health. The recipient organizations must be engaged in

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

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

23 provide copies of all grant applications to the Quality of

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

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

26 Organizational size will determine an organization's
    HB1437 Enrolled   - 19 - LRB104 08139 SPS 18185 b

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

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

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

4 Life annual fund. Organizations with an annual budget of

5 $300,001 to $700,000 will compete with like organizations for

6 25% of the Quality of Life annual fund, and organizations with

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

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

9 lottery may designate a percentage of proceeds for marketing

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

11 organizational, or community-based overhead costs, indirect

12 costs, or levies.

13  Grants awarded from the Fund are intended to augment the

14 current and future State funding for the prevention and

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

16 funding.

17  Moneys received for the purposes of this Section,

18 including, without limitation, net revenue from the special

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

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

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

22 into the Fund.

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

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

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

26 estimated administrative expenses of the Department solely
    HB1437 Enrolled          - 20 - LRB104 08139 SPS 18185 b

1 related to the Quality of Life game.

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

3 of Life game, the Department shall not unreasonably diminish

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

5 lottery game.

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

7 implement and administer the provisions of this Section in

8 consultation with the Quality of Life Board.

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

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

11 Duties Law of the Civil Administrative Code of Illinois is

12 amended by changing Section 2310-542 as follows:

13  (20 ILCS 2310/2310-542)

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

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

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

17 and implement a comprehensive 2-year statewide safe gun

18 storage public awareness campaign. The campaign shall include

19 the following:

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

21  the 2-year campaign period.

22  (2) Messages paired with information about enforcement

23  or incentives for safe gun storage.

24  (3) Geographic and cultural considerations.
    HB1437 Enrolled  - 21 - LRB104 08139 SPS 18185 b

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

2 phases:

3          (1) A statewide messaging strategy that shall develop

4   research-based, culturally appropriate messaging for

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

6   and encouraging safe storage. The campaign shall include

7   formats such as paid advertising on Chicago Transit

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

9   media campaigns, radio, and other public education and

10  outreach.

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

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

13  following:

14         (A) Developing a focused strategy to distribute,

15         through community-based organizations, gun locks and

16         gun safes in areas most affected by gun violence.

17         (B) Pairing gun lock distribution with brief

18         counseling or education sessions, which has been shown

19         to significantly increase safe storage practices.

20         (C) Developing an education and training program

21         on safe storage counseling and screening for health

22         care professionals, including pediatric primary care

23         and emergency room departments.

24         (D) Developing education and training on the

25         Firearms Restraining Order Act for practitioners, law

26         enforcement, and the general public.
    HB1437 Enrolled       - 22 - LRB104 08139 SPS 18185 b

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

2   adult survivors of gun violence, and families at risk

3   due to domestic violence.

4   (F) Incorporating gun buy-back opportunities in

5   partnership with law enforcement, community-based

6   organizations, and other local stakeholders.

7   (3) A comprehensive evaluation to measure changes in

8   gun safety behaviors and the overall impact and

9   effectiveness of the campaign to promote safety. Metrics

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

11  following:

12  (A) Changes in parent behavior and perception.

13  (B) Media campaign metrics and digital analytics.

14  (C) The number of people reached through each

15  strategy.

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

17  distributed.

18  (E) Changes in intentional and unintentional

19  firearm injury.

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

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

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

23 changing Section 1-130 as follows:

24  (20 ILCS 3855/1-130)
    HB1437 Enrolled     - 23 - LRB104 08139 SPS 18185 b

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

2   Sec. 1-130. Home rule preemption.

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

4 specifically related to the generation of electricity by, the

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

6 atmosphere by electric generating facilities after the

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

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

9 fees specifically related to the generation of electricity by,

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

11 the atmosphere by electric generating facilities after the

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

13 limitation on home rule powers and functions under subsection

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

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

16 2026.

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

18 103-563, eff. 11-17-23; 103-1059, eff. 12-20-24.)

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

20 is amended by changing Section 3.6 as follows:

21  (20 ILCS 3960/3.6)

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

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

24 agency.
    HB1437 Enrolled      - 24 - LRB104 08139 SPS 18185 b

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

2 the Department of Veterans Affairs.

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

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

5 in categories of service of a health care facility funded

6 through an appropriation from the General Assembly and

7 maintained or operated by the Department is not subject to

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

9 Act when the Department discontinues a health care facility or

10 category of service.

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

12 appropriation by the General Assembly for the construction,

13 modification, establishment or change in categories of

14 service, excluding discontinuation of a health care facility

15 or categories of service, maintained or operated by the

16 Department of Veterans Affairs. The Department of Veterans

17 Affairs must include with the written notification the

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

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

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

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

22 Department must also notify the Board in writing when the

23 facility has been licensed by the Department of Public Health

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

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

26 facility questionnaires as defined in Section 13 of this Act
    HB1437 Enrolled    - 25 - LRB104 08139 SPS 18185 b

1 or any requests for information by the Board.

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

3 the effective date of this amendatory Act of the 102nd General

4 Assembly.

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

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

7 changing Section 95 as follows:

8   (20 ILCS 4122/95)

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

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

11 June 1, 2026.

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

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

14 amended by changing Sections 30 and 35 as follows:

15  (20 ILCS 4126/30)

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

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

18 report to the Governor and General Assembly no later than

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

20 available on the Illinois Housing Development Authority's

21 website for viewing by the general public.

22 (Source: P.A. 103-250, eff. 6-30-23; 103-811, eff. 8-9-24.)
    HB1437 Enrolled    - 26 - LRB104 08139 SPS 18185 b

1   (20 ILCS 4126/35)

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

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

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

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

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

7 Act is amended by changing Section 20 as follows:

8   (20 ILCS 4134/20)

9   Sec. 20. Report.

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

11 Force shall publish a final report of its findings,

12 developments, and recommendations and after the publication of

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

14 shall, at a minimum, detail findings and recommendations

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

16  (1) information and recommendations related to the

17  benefits of community-based corrections and specialty

18  courts; and

19  (2) the development and implementation of a new

20  community-based corrections program.

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

22  (1) the General Assembly; and

23  (2) the Offices of the Governor and Lieutenant
    HB1437 Enrolled        - 27 - LRB104 08139 SPS 18185 b

1   Governor.

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

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

4 changing Sections 1-15.93 and 30-30 as follows:

5   (30 ILCS 500/1-15.93)

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

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

8 construction project in which the Capital Development Board or

9 a public institution of higher education, as defined in

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

11 procuring 2 or more subdivisions of work enumerated in

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

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

14 Section are inoperative for public institutions of higher

15 education on and after January 1, 2027 2026.

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

17 103-570, eff. 1-1-24.)

18  (30 ILCS 500/30-30)

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

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

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

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

23 materials in connection with the following 5 subdivisions of
    HB1437 Enrolled          - 28 - LRB104 08139 SPS 18185 b

1 the work to be performed:

2   (1) plumbing;

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

4   temperature control systems, including the testing and

5   balancing of those systems;

6   (3) ventilating and distribution systems for

7   conditioned air, including the testing and balancing of

8   those systems;

9   (4) electric wiring; and

10  (5) general contract work.

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

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

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

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

15 separately to responsible and reliable persons, firms, or

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

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

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

19 successful bidder on the subdivision of work designated by the

20 construction agency before the bidding as the prime

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

22 directly to the contractors for the 5 subdivisions of work

23 upon compliance with the conditions of the contract.

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

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

26 any, and the bid proposal costs for each of the 5 subdivisions
    HB1437 Enrolled    - 29 - LRB104 08139 SPS 18185 b

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

2 into with the successful bidder shall provide that no

3 identified subcontractor may be terminated without the written

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

5 shall comply with the disadvantaged business practices of the

6 Business Enterprise for Minorities, Women, and Persons with

7 Disabilities Act and the equal employment practices of Section

8 2-105 of the Illinois Human Rights Act; and (iv) the Capital

9 Development Board shall submit an annual report to the General

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

11 of all single prime projects.

12  Until December 31, 2023, for building construction

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

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

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

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

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

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

19 at the discretion of the Executive Director of the Capital

20 Development Board.

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

22 the Capital Development Board shall determine whether the

23 single prime procurement delivery method is to be pursued.

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

25 Development Board must make a written determination that must

26 include a description as to the particular advantages of the
    HB1437 Enrolled  - 30 - LRB104 08139 SPS 18185 b

1 single prime procurement method for that project and an

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

3 chief procurement officer must review the Capital Development

4 Board's determination and consider the adequacy of information

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

6 Development Board may proceed with single prime. Approval by

7 the chief procurement officer shall not be unreasonably

8 withheld. The following factors must be considered by the

9 chief procurement officer in any determination:

10  (1) The benefit that using the single prime

11  procurement method will have on the Capital Development

12  Board's ability to increase participation of

13  minority-owned firms, woman-owned firms, firms owned by

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

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

16  best interest of the State by providing a material savings

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

18  The best interest of the State justification must show the

19  specific benefits of using the single prime method,

20  including documentation of the estimates or scheduling

21  impacts of any of the following: project complexity and

22  trade coordination required, length of project,

23  availability of skilled workforce, geographic area,

24  project timelines, project budget, ability to secure

25  minority, women, persons with disabilities and veteran

26  participation, or other information.
    HB1437 Enrolled  - 31 - LRB104 08139 SPS 18185 b

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

2   suitability to the single prime procurement method.

3   (4) Whether the project will comply with the

4   underrepresented business and equal employment practices

5   of the State, as established in the Business Enterprise

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

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

8   Illinois Human Rights Act.

9   If the chief procurement officer finds that the Capital

10 Development Board's written determination is insufficient, the

11 Capital Development Board shall have the opportunity to cure

12 its determination. Within 15 days of receiving approval from

13 the chief procurement officer, the Capital Development Board

14 shall provide an advisory copy of the written determination to

15 the Procurement Policy Board and the Commission on Equity and

16 Inclusion. The Capital Development Board must maintain the

17 full record of determination for 5 years.

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

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

20 31, 2026 2025, for single prime projects in which a public

21 institution of higher education is a construction agency

22 awarding building construction contracts in excess of

23 $250,000, separate specifications may be prepared for all

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

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

26 institution of higher education contract awarded for any part
    HB1437 Enrolled  - 32 - LRB104 08139 SPS 18185 b

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

2 together or separately to responsible and reliable persons,

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

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

5 to the Procurement Policy Board and the Commission on Equity

6 and Inclusion a written notice that includes the reasons for

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

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

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

10 procurement webpage and its online procurement bulletin at

11 least 3 business days following submission to the Procurement

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

13 the successful low bidder has prequalified with the public

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

15 successful low bidder identifies the name of the

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

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

18 the contract entered into with the successful bidder provides

19 that no identified subcontractor may be terminated without the

20 written consent of the public institution of higher education;

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

22 University of Illinois or with the Capital Development Board.

23  For building construction projects with a total

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

25 institutions of higher education shall not use the single

26 prime delivery method for more than 50% of the total number of
    HB1437 Enrolled  - 33 - LRB104 08139 SPS 18185 b

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

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

3 using the single prime delivery method at the discretion of

4 the public institution of higher education. With respect to

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

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

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

8 with the Business Enterprise for Minorities, Women, and

9 Persons with Disabilities Act and the equal employment

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

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

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

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

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

15 General Assembly, the public institution of higher education

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

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

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

19 fiscal year single prime contracts with an aggregate total

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

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

22 provisions of this subsection are operative on and after

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

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

25 equipment, labor, and materials in connection with the

26 following 5 subdivisions of the work to be performed:
    HB1437 Enrolled        - 34 - LRB104 08139 SPS 18185 b

1   (1) plumbing;

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

3   temperature control systems, including the testing and

4   balancing of those systems;

5   (3) ventilating and distribution systems for

6   conditioned air, including the testing and balancing of

7   those systems;

8   (4) electric wiring; and

9   (5) general contract work.

10  The specifications must be so drawn as to permit separate

11 and independent bidding upon each of the 5 subdivisions of

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

13 the 5 subdivisions of work separately to responsible and

14 reliable persons, firms, or corporations engaged in these

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

16 construction agency, may be assigned to the successful bidder

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

18 subdivision of work designated by the construction agency

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

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

21 the 5 subdivisions of work upon compliance with the conditions

22 of the contract.

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

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

25  Section 1-55. The Illinois Income Tax Act is amended by
    HB1437 Enrolled  - 35 - LRB104 08139 SPS 18185 b

1 changing Sections 221 and 231 as follows:

2   (35 ILCS 5/221)

3   Sec. 221. Rehabilitation costs; qualified historic

4 properties; River Edge Redevelopment Zone.

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

6 2012 and begin prior to January 1, 2018, there shall be allowed

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

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

9 qualified expenditures incurred by a qualified taxpayer during

10 the taxable year in the restoration and preservation of a

11 qualified historic structure located in a River Edge

12 Redevelopment Zone pursuant to a qualified rehabilitation

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

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

15 purchase price of the property.

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

17 2018 and end prior to January 1, 2029 2027, there shall be

18 allowed a tax credit against the tax imposed by subsections

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

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

21 taxpayer in the restoration and preservation of a qualified

22 historic structure located in a River Edge Redevelopment Zone

23 pursuant to a qualified rehabilitation plan, provided that the

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

25 more and (ii) exceed the adjusted basis of the qualified
    HB1437 Enrolled  - 36 - LRB104 08139 SPS 18185 b

1 historic structure on the first day the qualified

2 rehabilitation plan begins. For any rehabilitation project,

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

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

5 determined based on the aggregate amount of qualified

6 expenditures for the entire project and may include

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

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

9 rehabilitation plan spans multiple years, the aggregate credit

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

11 year, except for phased rehabilitation projects, which may

12 receive credits upon completion of each phase. Before

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

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

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

16 the qualified historic structure must be placed in service;

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

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

19 2021 and ending prior to January 1, 2029 2027, there shall be

20 allowed a tax credit against the tax imposed by subsections

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

22 the River Edge Redevelopment Zone Act. The credit allowed

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

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

25 qualified rehabilitation plan.

26  The credit or credits may not reduce the taxpayer's
    HB1437 Enrolled    - 37 - LRB104 08139 SPS 18185 b

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

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

3 carried forward and applied against the taxpayer's liability

4 in succeeding calendar years in the manner provided under

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

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

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

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

9 credit shall be applied first.

10  For partners, shareholders of Subchapter S corporations,

11 and owners of limited liability companies, if the liability

12 company is treated as a partnership for the purposes of

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

14 credit under this Section to be determined in accordance with

15 the determination of income and distributive share of income

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

17 Revenue Code.

18  The total aggregate amount of credits awarded under the

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

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

21 State fiscal year.

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

23 taxpayer must apply with the Department of Natural Resources.

24 The Department of Natural Resources shall determine the amount

25 of eligible rehabilitation costs and expenses in addition to

26 the amount of the River Edge construction jobs credit within
    HB1437 Enrolled  - 38 - LRB104 08139 SPS 18185 b

1 45 days of receipt of a complete application. The taxpayer

2 must submit a certification of costs prepared by an

3 independent certified public accountant that certifies (i) the

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

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

6 the adjusted basis of the qualified historic structure on the

7 first day the qualified rehabilitation plan commenced. The

8 Department of Natural Resources is authorized, but not

9 required, to accept this certification of costs to determine

10 the amount of qualified expenditures and the amount of the

11 credit. The Department of Natural Resources shall provide

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

13 preparation of such certification. The Department of Natural

14 Resources and the National Park Service shall determine

15 whether the rehabilitation is consistent with the United

16 States Secretary of the Interior's Standards for

17 Rehabilitation.

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

19 complete application, the Department of Natural Resources

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

21 credits equal to 25% of qualified expenditures incurred during

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

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

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

25 100-629) and any phased credits issued prior to the eligible

26 taxable year under subsection (a-1). At the time the
    HB1437 Enrolled  - 39 - LRB104 08139 SPS 18185 b

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

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

3 certificate may be collected from the applicant to administer

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

5 fee shall be deposited into the Historic Property

6 Administrative Fund, a special fund created in the State

7 treasury. Subject to appropriation, moneys in the Historic

8 Property Administrative Fund shall be provided to the

9 Department of Natural Resources as reimbursement for the costs

10 associated with administering this Section.

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

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

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

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

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

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

17 following the excess credit year.

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

19 Property Administrative Fund shall be used, on a biennial

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

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

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

23 assess the overall economic impact to the State from the

24 qualified rehabilitation projects under this Section completed

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

26 impact shall include at least: (1) the direct and indirect or
    HB1437 Enrolled             - 40 - LRB104 08139 SPS 18185 b

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

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

3 and property tax generation before, during construction, and

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

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

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

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

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

9 that the Clerk and the Secretary shall direct.

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

11 to implement this Section in addition to the rules expressly

12 authorized in this Section.

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

14 following meanings.

15  "Phased rehabilitation" means a project that is completed

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

17 Revenue Code and pursuant to National Park Service regulations

18 at 36 C.F.R. 67.

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

20 placed in a condition or state of readiness and availability

21 for a specifically assigned function as defined under Section

22 47 of the federal Internal Revenue Code and federal Treasury

23 Regulation Sections 1.46 and 1.48.

24  "Qualified expenditure" means all the costs and expenses

25 defined as qualified rehabilitation expenditures under Section

26 47 of the federal Internal Revenue Code that were incurred in
    HB1437 Enrolled       - 41 - LRB104 08139 SPS 18185 b

1 connection with a qualified historic structure.

2   "Qualified historic structure" means a certified historic

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

4 Internal Revenue Code.

5   "Qualified rehabilitation plan" means a project that is

6 approved by the Department of Natural Resources and the

7 National Park Service as being consistent with the United

8 States Secretary of the Interior's Standards for

9 Rehabilitation.

10  "Qualified taxpayer" means the owner of the qualified

11 historic structure or any other person who qualifies for the

12 federal rehabilitation credit allowed by Section 47 of the

13 federal Internal Revenue Code with respect to that qualified

14 historic structure. Partners, shareholders of subchapter S

15 corporations, and owners of limited liability companies (if

16 the limited liability company is treated as a partnership for

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

18 a credit under this Section to be determined in accordance

19 with the determination of income and distributive share of

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

21 Internal Revenue Code, provided that credits granted to a

22 partnership, a limited liability company taxed as a

23 partnership, or other multiple owners of property shall be

24 passed through to the partners, members, or owners

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

26 agreement among the partners, members, or owners documenting
    HB1437 Enrolled         - 42 - LRB104 08139 SPS 18185 b

1 any alternate distribution method.
2 (Source: P.A. 101-9, eff. 6-5-19; 101-81, eff. 7-12-19;
3 102-16, eff. 6-17-21.)

4   (35 ILCS 5/231)

5   Sec. 231. Apprenticeship education expense credit.

6   (a) As used in this Section:

7   "Accredited training organization" means an organization

8 that:

9        (1) incurs costs related to training apprentice

10  employees;

11       (2) maintains an apprenticeship program approved by

12  the United States Department of Labor, Office of

13  Apprenticeships, that results in an industry-recognized

14  credential; and either

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

16  school in Illinois and is:

17                   (A) an institution of higher education that

18       provides a program that leads to an

19       industry-recognized postsecondary credential or

20       degree;

21                   (B) an entity that carries out programs that

22       are registered under the federal National

23       Apprenticeship Act; or

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

25       of training services, including, but not limited to, a
    HB1437 Enrolled  - 43 - LRB104 08139 SPS 18185 b

1   joint labor-management organization; or

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

3   secondary school in Illinois but receives preapproval from

4   the Department to receive tax credits under this Section.

5   "Department" means the Department of Commerce and Economic

6 Opportunity.

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

8 of the qualifying apprentice.

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

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

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

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

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

14 apprenticeship program which is registered with the United

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

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

17  "Qualified education expense" means the amount incurred on

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

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

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

21 that are directly related to training the apprentices and that

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

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

24 or organization where the apprentice receives training.

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

26 2020, and beginning on or before January 1, 2027 January 1,
HB1437 Enrolled  - 44 - LRB104 08139 SPS 18185 b

 1 2026, the employer of one or more qualifying apprentices shall
 2 be allowed a credit against the tax imposed by subsections (a)
 3 and (b) of Section 201 of the Illinois Income Tax Act. The
 4 credit shall be equal to $3,500 per qualifying apprentice. A
 5 taxpayer shall be entitled to an additional $1,500 credit
 6 against the tax imposed by subsections (a) and (b) of Section
 7 201 of the Illinois Income Tax Act if (i) the qualifying
 8 apprentice resides in an underserved area as defined in
 9 Section 5-5 of the Economic Development for a Growing Economy
10 Tax Credit Act during the school year for which a credit is
11 sought by an employer or (ii) the employer's principal place
12 of business is located in an underserved area, as defined in
13 Section 5-5 of the Economic Development for a Growing Economy
14 Tax Credit Act. In no event shall a credit under this Section
15 reduce the taxpayer's liability under this Act to less than
16 zero. For taxable years ending before December 31, 2023, for
17 partners, shareholders of Subchapter S corporations, and
18 owners of limited liability companies, if the liability
19 company is treated as a partnership for purposes of federal
20 and State income taxation, there shall be allowed a credit
21 under this Section to be determined in accordance with the
22 determination of income and distributive share of income under
23 Sections 702 and 704 and Subchapter S of the Internal Revenue
24 Code. For taxable years ending on or after December 31, 2023,
25 partners and shareholders of subchapter S corporations are
26 entitled to a credit under this Section as provided in Section
    HB1437 Enrolled    - 45 - LRB104 08139 SPS 18185 b

1 251.

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

3 applicants for an apprenticeship credit under this Section.

4 Upon satisfactory review, the Department shall issue a tax

5 credit certificate to an employer incurring costs on behalf of

6 a qualifying apprentice stating the amount of the tax credit

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

8 tax credit for multiple qualifying apprentices, the Department

9 may issue a single tax credit certificate that encompasses the

10 aggregate total of tax credits for qualifying apprentices for

11 a single employer.

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

13 under the Civil Administrative Code of Illinois, is granted

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

15 out and effectuate the purposes and provisions of this

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

17 to:

18      (1) Adopt rules deemed necessary and appropriate for

19      the administration of this Section; establish forms for

20      applications, notifications, contracts, or any other

21      agreements; and accept applications at any time during the

22      year and require that all applications be submitted via

23      the Internet. The Department shall require that

24      applications be submitted in electronic form.

25      (2) Provide guidance and assistance to applicants

26      pursuant to the provisions of this Section and cooperate
    HB1437 Enrolled  - 46 - LRB104 08139 SPS 18185 b

1   with applicants to promote, foster, and support job

2   creation within the State.

3   (3) Enter into agreements and memoranda of

4   understanding for participation of and engage in

5   cooperation with agencies of the federal government, units

6   of local government, universities, research foundations or

7   institutions, regional economic development corporations,

8   or other organizations for the purposes of this Section.

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

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

11  without limitation, gathering information with respect to

12  applicants for the purpose of making any designations or

13  certifications necessary or desirable or to gather

14  information in furtherance of the purposes of this Act.

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

16  agreement, or other document with any person necessary or

17  appropriate to accomplish the purposes of this Section,

18  and consent, subject to the provisions of any agreement

19  with another party, to the modification or restructuring

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

21  (6) Provide for sufficient personnel to permit

22  administration, staffing, operation, and related support

23  required to adequately discharge its duties and

24  responsibilities described in this Section from funds made

25  available through charges to applicants or from funds as

26  may be appropriated by the General Assembly for the
    HB1437 Enrolled  - 47 - LRB104 08139 SPS 18185 b

1   administration of this Section.

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

3   any necessary authorization to the appropriate federal,

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

5   release to the Department of information requested by the

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

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

8   to the amount of credit allowable under this Section.

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

10  keep proper books of record and account in accordance with

11  generally accepted accounting principles consistently

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

13  agreement in the custody or control of the applicant open

14  for reasonable Department inspection and audits,

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

16  books, records, or papers.

17  (9) Take whatever actions are necessary or appropriate

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

19  bankruptcy, default, foreclosure, or noncompliance with

20  the terms and conditions of financial assistance or

21  participation required under this Section or any agreement

22  entered into under this Section, including the power to

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

24  conditions determined by the Department to be appropriate,

25  real or personal property that the Department may recover

26  as a result of these actions.
    HB1437 Enrolled        - 48 - LRB104 08139 SPS 18185 b

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

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

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

4 this Section for qualified education expenses incurred by an

5 employer on behalf of a qualifying apprentice shall be limited

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

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

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

9 completed application for a certificate of eligibility is

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

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

12 the time of submission for that particular day.

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

14 credit awarded under this Section to another person or

15 taxpayer.

16  (g) The employer shall provide the Department such

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

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

19 each qualifying apprentice employed by the taxpayer during the

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

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

22 the name of the accredited training organization at which the

23 qualifying apprentice is enrolled and the qualified education

24 expenses are incurred.

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

26 report to the Governor and the General Assembly on the tax
    HB1437 Enrolled       - 49 - LRB104 08139 SPS 18185 b

1 credit certificates awarded under this Section for the prior

2 calendar year. The report must include:

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

4   credit;

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

6   employer has incurred qualified education expenses;

7   (3) the North American Industry Classification System

8   (NAICS) code applicable to each employer awarded or

9   allocated a credit;

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

11  each employer;

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

13  a credit;

14  (6) the total number of qualifying apprentices for

15  whom employers receiving credits under this Section

16  incurred qualified education expenses; and

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

18  apprenticeships receiving credits under this Section.

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

20 104-6, eff. 6-16-25.)

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

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

23  (55 ILCS 5/3-5010.8)

24  (Section scheduled to be repealed on January 1, 2026)
    HB1437 Enrolled   - 50 - LRB104 08139 SPS 18185 b

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

2 program.

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

4 expired mechanics liens on residential property, which cloud

5 title to property, are a rapidly growing problem throughout

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

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

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

9 process to demand and refer mechanics liens that have been

10 recorded but not litigated or released in accordance with the

11 Mechanics Lien Act to an administrative law judge for

12 resolution or demand that the lienholder commence suit or

13 forfeit the lien.

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

15  "Demand to Commence Suit" means the written demand

16 specified in Section 34 of the Mechanics Lien Act.

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

18 this Section.

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

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

21 informing the property owner of an expired lien.

22  "Notice of Referral" means the document referring a

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

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

25 Section.

26  "Referral" or "refer" means a recorder's referral of a
    HB1437 Enrolled  - 51 - LRB104 08139 SPS 18185 b

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

2 determination as to whether a recorded mechanics lien is

3 valid.

4   "Residential property" means real property improved with

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

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

7 the common elements allocated to the exclusive use of the

8 condominium unit that form an integral part of the condominium

9 unit and any parking unit or units specified by the

10 declaration to be allocated to a specific residential

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

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

13 single-family residence. If a declaration of condominium

14 ownership provides for individually owned and transferable

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

16 parking unit of a specified residential condominium unit

17 unless the parking unit is included in the legal description

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

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

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

21 code hearing unit may adopt rules establishing a mechanics

22 lien demand and referral process for residential property. A

23 recorder shall provide public notice 90 days before the public

24 hearing. The notice shall include a statement of the

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

26 referral process and shall be published in a newspaper of
    HB1437 Enrolled          - 52 - LRB104 08139 SPS 18185 b

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

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

3 offices.

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

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

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

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

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

9 The owner or legal representative of the owner of the

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

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

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

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

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

15 Demand to Commence Suit.

16  For the purposes of this Section, a recorder shall

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

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

19 counterclaim has not been filed by the lienholder within 2

20 years after the completion date of the contract as specified

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

22 increased to the extent that an automatic stay under Section

23 362(a) of the United States Bankruptcy Code stays a suit or

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

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

26 completion date is the date of recording of the mechanics
    HB1437 Enrolled              - 53 - LRB104 08139 SPS 18185 b

1 lien.

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

3 confirmation that the lien is not involved in pending

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

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

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

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

8 that the Secretary of State assist in providing registered

9 agent information or obtain information from the Secretary of

10 State's registered business database when the recorder seeks

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

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

13 designee, shall provide the last known address or registered

14 agent information for a lienholder who is incorporated or

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

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

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

18 corresponding document number and the date of demand. The

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

20 Secretary of State regarding a Demand to Commence suit

21 determined to involve a company, corporation, or business

22 registered with that office.

23  When the lienholder commences a suit or files an answer

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

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

26 34 of the Mechanics Lien Act, then the demand and referral
   HB1437 Enrolled  - 54 - LRB104 08139 SPS 18185 b

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

2 service under this Section is responded to consistent with

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

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

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

6 recorder may proceed under subsection (f).

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

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

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

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

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

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

13 Notice of Referral by certified mail to the lienholder using

14 information included in the recorded mechanics lien or the

15 last known address or registered agent received from the

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

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

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

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

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

21 index identifying the mechanics lien and include the

22 corresponding document number. The Notice of Referral shall

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

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

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

26 Secretary of State regarding a referral determined to involve
    HB1437 Enrolled  - 55 - LRB104 08139 SPS 18185 b

1 a company, corporation, or business registered with that

2 office.

3   No earlier than 30 business days after the date the

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

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

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

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

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

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

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

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

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

13 Referral.

14  If the recorder shows by clear and convincing evidence

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

16 administrative law judge shall rule the lien is forfeited

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

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

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

20 in this subsection. Upon receiving judgment of a forfeited

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

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

23 index.

24  If the administrative law judge finds the lien is not

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

26 after receiving notice of the decision of the administrative
    HB1437 Enrolled            - 56 - LRB104 08139 SPS 18185 b

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

2 or the grantee's index.

3   A decision by an administrative law judge is reviewable

4 under the Administrative Review Law, and nothing in this

5 Section precludes a property owner or lienholder from

6 proceeding with a civil action to resolve questions concerning

7 a mechanics lien.

8   A lienholder or property owner may remove the action from

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

10 subsection (i).

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

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

13 a final administrative decision that is subject to review

14 under the Administrative Review Law by the circuit court of

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

16 review by the circuit court shall be consistent with the

17 Administrative Review Law.

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

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

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

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

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

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

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

25 of a lien under this Section.

26  (i) Private actions; use of demand and referral process.
    HB1437 Enrolled          - 57 - LRB104 08139 SPS 18185 b

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

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

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

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

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

6 property to use the mechanics lien demand and referral process

7 created by this Section.

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

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

10 final decision of the administrative law judge by delivering a

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

12 administrative law judge. Upon receipt of the certified

13 notice, the administrative law judge shall dismiss the matter

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

15 then the demand and referral process is completed for the

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

17 removed matter without deciding on whether the lien is expired

18 and without prejudice, the recorder may reinstitute the demand

19 and referral process under subsection (d).

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

21 January 1, 2026.

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

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

24  (55 ILCS 5/5-41065)

25  (Section scheduled to be repealed on January 1, 2026)
    HB1437 Enrolled      - 58 - LRB104 08139 SPS 18185 b

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

2 adjudication.

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

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

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

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

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

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

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

10 of the 100th General Assembly to adjudicate all referrals

11 concerning mechanics liens under Section 3-5010.8.

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

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

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

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

16 shall be removed to the proper circuit court with

17 jurisdiction.

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

19 2026.

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

21  (55 ILCS 5/5-43043)

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

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

24 adjudication.

25  (a) Notwithstanding any other provision in this Division,
    HB1437 Enrolled    - 59 - LRB104 08139 SPS 18185 b

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

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

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

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

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

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

7 of the 100th General Assembly to adjudicate all referrals

8 concerning mechanics liens under Section 3-5010.8.

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

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

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

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

13 shall be removed to the proper circuit court with

14 jurisdiction.

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

16 2026.

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

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

19 amended by changing Sections 20 and 25 as follows:

20  (70 ILCS 1235/20)

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

22  Sec. 20. Elliot Golf Course.

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

24 Rockford Park District may sell all or part of the property
    HB1437 Enrolled     - 60 - LRB104 08139 SPS 18185 b

1 containing the former Elliot Golf Course or other property

2 adjacent thereto if:

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

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

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

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

7   independent appraisals commissioned by the Rockford Park

8   District.

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

10 multiple independent transactions and to one or more buyers.

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

12 shall have the right to review any proposed development plan

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

14 properties described in this Section in order to confirm that

15 the proposed development plan does not adversely impact

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

17 described in the perpetual flowage easement recorded as

18 Document Number 9509260 in the Office of the Winnebago County

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

20 City of Rockford shall complete its review of any proposed

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

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

23 Valley.

24  (d) This Section is repealed January 1, 2027 January 1,

25 2026.

26 (Source: P.A. 102-923, eff. 5-27-22; 103-1059, eff. 12-20-24.)
    HB1437 Enrolled    - 61 - LRB104 08139 SPS 18185 b

1   (70 ILCS 1235/25)

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

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

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

5 Park District may sell Splash Station if:

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

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

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

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

10  independent appraisals commissioned by the Joliet Park

11  District.

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

13 2026.

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

15                     Article 5.

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

17 changing Section 9 as follows:

18  (5 ILCS 70/9)

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

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

21 Act or an Article or Section of an Act is passed presented to

22 the Governor by the General Assembly before or within 7
    HB1437 Enrolled         - 62 - LRB104 08139 SPS 18185 b

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

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

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

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

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

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

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

8 date the Governor approves the bill, the General Assembly

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

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

11 calendar days after it is presented to the Governor.

12  Any action taken in reliance on the continuous effect of

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

14 hereby validated.

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

16                    Article 10.

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

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

19 follows:

20  (10 ILCS 5/1-21.5 new)

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

22 Elections and Infrastructure Integrity Task Force.

23  (a) The General Assembly finds and declares the following:
    HB1437 Enrolled  - 63 - LRB104 08139 SPS 18185 b

1   (1) The Illinois Elections and Infrastructure

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

3   effective December 21, 2022, through the addition of

4   Section 1-22 to this Code.

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

6   102-1108, Section 1-22 contained a subsection (d), which

7   provided for the dissolution of the Illinois Elections and

8   Infrastructure Integrity Task Force and the repeal of

9   Section 1-22 on June 1, 2025.

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

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

12  Election Code by extending the date for the dissolution of

13  the Illinois Elections and Infrastructure Integrity Task

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

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

16  June 16, 2025.

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

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

19  states that these rules will not be observed when the

20  result would be "inconsistent with the manifest intent of

21  the General Assembly or repugnant to the context of the

22  statute".

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

24  Senate Bill 2456 clearly manifested the intention of the

25  General Assembly to extend the date for the dissolution of

26  the Illinois Elections and Infrastructure Integrity Task
    HB1437 Enrolled  - 64 - LRB104 08139 SPS 18185 b

1   Force and the repeal of Section 1-22.

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

3   the dissolution of the Illinois Elections and

4   Infrastructure Integrity Task Force and the repeal of

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

6   the manifest intent of the General Assembly.

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

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

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

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

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

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

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

14 to have been in continuous effect since its original effective

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

16 repealed.

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

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

19 any other person or entity are validated.

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

21 Elections and Infrastructure Integrity Task Force, Section

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

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

24 as a continuation of the Illinois Elections and Infrastructure

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

26 supersede any amendment to Section 1-22 that is enacted by the
    HB1437 Enrolled        - 65 - LRB104 08139 SPS 18185 b

1 General Assembly.

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

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

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

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

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

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

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

9 amendatory Act.

10  (10 ILCS 5/1-22)

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

12 Integrity Task Force.

13  (a) The Illinois Elections and Infrastructure Integrity

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

15 following members:

16  (1) 4 members appointed one each by the Speaker of the

17  House of Representatives, the Minority Leader of the House

18  of Representatives, the President of the Senate, and the

19  Minority Leader of the Senate;

20  (2) one member with subject matter expertise regarding

21  cybersecurity, appointed by the Minority Leader of the

22  House of Representatives;

23  (3) one member with subject matter expertise regarding

24  voting technology or election integrity, appointed by the

25  Speaker of the House;
    HB1437 Enrolled           - 66 - LRB104 08139 SPS 18185 b

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

2   experience in operational cybersecurity, preferably

3   international operational cybersecurity, appointed by the

4   President of the Senate;

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

6   of the Senate;

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

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

9   (7) the county clerk of Cook County;

10  (8) one election administrator, appointed by the

11  Governor;

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

13  Elections or the Executive Director's designee;

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

15  designee;

16  (11) the Director of the Illinois Emergency Management

17  Agency or the Director's designee;

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

19  Secretary's designee; and

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

21  designee.

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

23 to prepare for and prevent foreign interference in elections

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

25 State and to prepare for and prevent potential cyberattacks on

26 State infrastructure. In carrying out its duties, the Task
    HB1437 Enrolled     - 67 - LRB104 08139 SPS 18185 b

1 Force shall prioritize the security of all Illinois residents

2 and cooperation with other states and with law enforcement to

3 protect United States national sovereignty. The Task Force

4 shall submit a report containing its findings and

5 recommendations to the Governor and the General Assembly not

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

7 report evaluating the 2024 election to the Governor and the

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

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

10 administrative support to the Task Force.

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

12 repealed, on July 1, 2027 June 1, 2026.

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

14                      Article 15.

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

16 reenacting and changing Article 33G as follows:

17  (720 ILCS 5/Art. 33G heading)

18  ARTICLE 33G. ILLINOIS STREET GANG

19  AND RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS LAW

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

21  (720 ILCS 5/33G-1)

22  Sec. 33G-1. Short title. This Article may be cited as the
    HB1437 Enrolled     - 68 - LRB104 08139 SPS 18185 b

1 Illinois Street Gang and Racketeer Influenced and Corrupt
2 Organizations Law (or "RICO").
3 (Source: P.A. 97-686, eff. 6-11-12.)

4   (720 ILCS 5/33G-2)

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

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

7 violent street gangs and other forms of enterprise

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

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

10 from that criminal activity and to be given adequate remedies

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

12 provide inadequate remedies, procedures and punishments, the

13 Illinois General Assembly hereby gives the supplemental

14 remedies of the Illinois Street Gang and Racketeer Influenced

15 and Corrupt Organizations Law full force and effect under law

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

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

18  (720 ILCS 5/33G-3)

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

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

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

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

23 or possession of the United States, or any political

24 subdivision, or any department, agency, or instrumentality
    HB1437 Enrolled      - 69 - LRB104 08139 SPS 18185 b

1 thereof.

2   (b) "Enterprise" includes:

3   (1) any partnership, corporation, association,

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

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

6   or any combination thereof, associated in fact although

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

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

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

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

11  must:

12          (A) have an ongoing organization or structure,

13  either formal or informal;

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

15  as a continuing unit, even if the group changes

16  membership by gaining or losing members over time; and

17          (C) have an ascertainable structure distinct from

18  that inherent in the conduct of a pattern of predicate

19  activity.

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

21 illicit enterprises.

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

23 union, craft union, or any voluntary unincorporated

24 association designed to further the cause of the rights of

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

26 part, of collective bargaining or of dealing with employers
    HB1437 Enrolled  - 70 - LRB104 08139 SPS 18185 b

1 concerning grievances, terms or conditions of employment, or

2 apprenticeships or applications for apprenticeships, or of

3 other mutual aid or protection in connection with employment,

4 including apprenticeships or applications for apprenticeships.

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

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

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

8 director, supervisor, financier, advisor, recruiter, supplier,

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

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

11 felony or higher and constitutes a violation or violations of

12 any of the following provisions of the laws of the State of

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

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

15 that charges under this Article are filed in a particular

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

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

18 Class 2 felony or higher in this State:

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

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

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

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

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

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

25  (trafficking in persons, involuntary servitude, and

26  related offenses), 11-1.20 (criminal sexual assault),
    HB1437 Enrolled  - 71 - LRB104 08139 SPS 18185 b

1   11-1.30 (aggravated criminal sexual assault), 11-1.40

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

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

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

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

6   prostitution), 11-14.4 (promoting commercial sexual

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

8   exploited child; patronizing a sexually exploited child),

9   12-3.05 (aggravated battery), 12-6.4 (criminal street gang

10  recruitment), 12-6.5 (compelling organization membership

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

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

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

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

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

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

17  19-3 (residential burglary), 20-1 (arson; residential

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

19  20-1.2 (residential arson), 20-1.3 (place of worship

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

21  24-1.2-5 (aggravated discharge of a machine gun or

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

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

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

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

26  or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15
    HB1437 Enrolled  - 72 - LRB104 08139 SPS 18185 b

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

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

3   29D-20 (making a terrorist threat), 29D-25 (falsely making

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

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

6   31A-1.2 (unauthorized contraband in a penal institution),

7   or 33A-3 (armed violence);

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

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

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

11  plants), provided the offense either involves more than

12  500 grams of any substance containing cannabis or involves

13  more than 50 cannabis sativa plants;

14  (3) under the Illinois Controlled Substances Act:

15  Sections 401 (manufacture or delivery of a controlled

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

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

18  gang criminal drug conspiracy); or

19  (4) under the Methamphetamine Control and Community

20  Protection Act: Sections 15 (methamphetamine

21  manufacturing), or 55 (methamphetamine delivery).

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

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

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

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

26  are related to each other if they are not isolated events,
    HB1437 Enrolled             - 73 - LRB104 08139 SPS 18185 b

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

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

3   or have other similar distinguishing characteristics, or

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

5   continuity between acts if they are ongoing over a

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

7   some entity does business or conducts its affairs; and

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

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

10  (excluding any period of imprisonment) after the first

11  occurrence of predicate activity.

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

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

14 9-1 (first degree murder) or 9-2 (second degree murder).

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

16  (720 ILCS 5/33G-4)

17  Sec. 33G-4. Prohibited activities.

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

19 participates in the operation or management of an enterprise,

20 directly or indirectly, to:

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

22  pattern of predicate activity;

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

24  or

25      (3) knowingly conspire to violate this Article.
    HB1437 Enrolled  - 74 - LRB104 08139 SPS 18185 b

1   Notwithstanding any other provision of law, in any

2 prosecution for a conspiracy to violate this Article, no

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

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

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

6 commission of the overt act need not itself constitute

7 predicate activity underlying the specific violation of this

8 Article.

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

10 maintain, directly or indirectly, through a pattern of

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

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

13 any character, including money.

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

15 unlawful any activity which is arguably protected or

16 prohibited by the National Labor Relations Act, the Illinois

17 Educational Labor Relations Act, the Illinois Public Labor

18 Relations Act, or the Railway Labor Act.

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

20 of those organizations acting in his or her official capacity

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

22 this Article:

23  (1) a labor organization; or

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

25  I of the Standard Industrial Classification as established

26  by the Occupational Safety and Health Administration, U.S.
    HB1437 Enrolled       - 75 - LRB104 08139 SPS 18185 b

1   Department of Labor.

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

3 convicted and sentenced either:

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

5   Article, and for any other particular offense or offenses

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

7   this Article; or

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

9   any other particular offense or offenses that may

10  constitute predicate activity underlying a violation of

11  this Article.

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

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

14 or her absence or disability, may authorize a criminal

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

16 authorizing a criminal prosecution under this Article, the

17 State's Attorney shall adopt rules and procedures governing

18 the investigation and prosecution of any offense enumerated in

19 this Article. These rules and procedures shall set forth

20 guidelines which require that any potential prosecution under

21 this Article be subject to an internal approval process in

22 which it is determined, in a written prosecution memorandum

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

24 prosecution under this Article is necessary to ensure that the

25 indictment adequately reflects the nature and extent of the

26 criminal conduct involved in a way that prosecution only on
    HB1437 Enrolled             - 76 - LRB104 08139 SPS 18185 b

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

2 prosecution under this Article would provide the basis for an

3 appropriate sentence under all the circumstances of the case

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

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

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

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

8 criminal prosecution under this Article prior to reviewing the

9 prepared written prosecution memorandum. However, any internal

10 memorandum shall remain protected from disclosure under the

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

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

13 does it subject the exercise of prosecutorial discretion to

14 judicial review.

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

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

17 agent of the labor organization are exempt from prosecution

18 under this Article.

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

20  (720 ILCS 5/33G-5)

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

22 any other provision of law:

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

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

25 of imprisonment of not less than 7 years and not more than 30
    HB1437 Enrolled           - 77 - LRB104 08139 SPS 18185 b

1 years, or the sentence applicable to the underlying predicate

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

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

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

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

6 higher.

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

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

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

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

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

12 any, whichever is higher.

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

14 results as a necessary or natural consequence of any violation

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

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

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

18 the court, provided:

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

20  the defendant to be sentenced; and

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

22  was otherwise engaged in the violation of this Article as

23  a whole.

24  (d) A sentence of probation, periodic imprisonment,

25 conditional discharge, impact incarceration or county impact

26 incarceration, court supervision, withheld adjudication, or
    HB1437 Enrolled     - 78 - LRB104 08139 SPS 18185 b

1 any pretrial diversionary sentence or suspended sentence, is
2 not authorized for a violation of this Article.
3 (Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.)

4   (720 ILCS 5/33G-6)

5   Sec. 33G-6. Remedial proceedings, procedures, and

6 forfeiture.

7   (a) Under this Article, the circuit court shall have

8 jurisdiction to prevent and restrain violations of this

9 Article by issuing appropriate orders, including:

10  (1) ordering any person to disgorge illicit proceeds

11  obtained by a violation of this Article or divest himself

12  or herself of any interest, direct or indirect, in any

13  enterprise or real or personal property of any character,

14  including money, obtained, directly or indirectly, by a

15  violation of this Article;

16  (2) imposing reasonable restrictions on the future

17  activities or investments of any person or enterprise,

18  including prohibiting any person or enterprise from

19  engaging in the same type of endeavor as the person or

20  enterprise engaged in, that violated this Article; or

21  (3) ordering dissolution or reorganization of any

22  enterprise, making due provision for the rights of

23  innocent persons.

24  (b) Any violation of this Article is subject to the

25 remedies, procedures, and forfeiture as set forth in Article
    HB1437 Enrolled           - 79 - LRB104 08139 SPS 18185 b

1 29B of this Code.

2   (c) Property seized or forfeited under this Article is

3 subject to reporting under the Seizure and Forfeiture

4 Reporting Act.

5 (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;

6 101-81, eff. 7-12-19.)

7   (720 ILCS 5/33G-7)

8   Sec. 33G-7. Construction. In interpreting the provisions

9 of this Article, the court shall construe them in light of the

10 applicable model jury instructions set forth in the Federal

11 Criminal Jury Instructions for the Seventh Circuit (1999) for

12 Title IX of Public Law 91-452, 84 Stat. 922 (as amended in

13 Title 18, United States Code, Sections 1961 through 1968),

14 except to the extent that they are inconsistent with the plain

15 language of this Article.

16 (Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.)

17  (720 ILCS 5/33G-8)

18  Sec. 33G-8. Limitations. Under this Article,

19 notwithstanding any other provision of law, but otherwise

20 subject to the periods of exclusion from limitation as

21 provided in Section 3-7 of this Code, the following

22 limitations apply:

23  (a) Any action, proceeding, or prosecution brought under

24 this Article must commence within 5 years of one of the
    HB1437 Enrolled           - 80 - LRB104 08139 SPS 18185 b

1 following dates, whichever is latest:

2            (1) the date of the commission of the last occurrence

3   of predicate activity in a pattern of that activity, in

4   the form of an act underlying the alleged violation of

5   this Article; or

6            (2) in the case of an action, proceeding, or

7   prosecution, based upon a conspiracy to violate this

8   Article, the date that the last objective of the alleged

9   conspiracy was accomplished, defeated or abandoned

10  (whichever is later); or

11           (3) the date any minor victim of the violation attains

12  the age of 18 years or the date any victim of the violation

13  subject to a legal disability thereafter gains legal

14  capacity.

15  (b) Any action, proceeding, or prosecution brought under

16 this Article may be commenced at any time against all

17 defendants if the conduct of any defendant, or any part of the

18 overall violation, resulted in the unlawful death of any

19 person or persons.

20 (Source: P.A. 97-686, eff. 6-11-12.)

21  (720 ILCS 5/33G-9)

22  Sec. 33G-9. Repeal. This Article is repealed on July June

23 1, 2027.

24 (Source: P.A. 102-918, eff. 5-27-22; 103-4, eff. 5-31-23;

25 104-10, eff. 6-16-25.)
    HB1437 Enrolled          - 81 - LRB104 08139 SPS 18185 b

1   (720 ILCS 5/33G-10 new)

2   Sec. 33G-10. Continuation and validation of Illinois

3 Street Gang and Racketeer Influenced and Corrupt Organizations

4 Law.

5   (a) The General Assembly finds and declares the following:

6       (1) When Article 33G was added to this Code by Public

7   Act 97-686, it contained a Section 33G-9, which specified

8   that Article 33G was repealed 5 years after June 11, 2012,

9   the effective date of Public Act 97-686.

10      (2) As a result of several subsequent enactments,

11  including Public Act 103-4, the repeal date of Article 33G

12  was extended to June 1, 2025.

13      (3) Senate Bill 2456 of the 104th General Assembly

14  included a provision that further extended the repeal date

15  of Article 33G from June 1, 2025 to June 1, 2027, but

16  Senate Bill 2456 did not become law until June 16, 2025.

17      (4) The Statute on Statutes sets forth general rules

18  on the repeal of statutes, but Section 1 of that Act also

19  states that these rules will not be observed when the

20  result would be "inconsistent with the manifest intent of

21  the General Assembly or repugnant to the context of the

22  statute".

23      (5) The actions of the General Assembly in passing

24  Senate Bill 2456 clearly manifested the intention of the

25  General Assembly to extend the date for the repeal of
    HB1437 Enrolled    - 82 - LRB104 08139 SPS 18185 b

1   Article 33G of this Code.

2   (6) Any construction of Section 33G-9 that results in

3   the repeal of Article 33G of this Code on June 1, 2025

4   would be inconsistent with the manifest intent of the

5   General Assembly.

6   (b) It is hereby declared to be the intent of the General

7 Assembly that Article 33G of this Code should not be subject to

8 repeal on June 1, 2025 and that the repeal date of Article 33G

9 of this Code should be further extended to July 1, 2027.

10  (c) Article 33G, therefore, shall not be subject to repeal

11 on June 1, 2025 and, instead, shall be deemed to have been in

12 continuous effect since its original effective date and shall

13 remain in effect until it is otherwise lawfully repealed.

14  (d) All actions taken in reliance on or pursuant to

15 Article 33G by any officer or agency of State government or any

16 other person or entity are validated.

17  (e) To ensure the continuing effectiveness of Article 33G

18 of this Code, Article 33G is set forth in full and re-enacted

19 by this amendatory Act of the 104th General Assembly. This

20 re-enactment is intended as a continuation of Article 33G. It

21 is not intended to supersede any amendment to Article 33G that

22 is enacted by the General Assembly.

23  (f) In this amendatory Act of the 104th General Assembly,

24 the base text of the reenacted Section is set forth as amended

25 by Public Act 104-10. Striking and underscoring is used only

26 to show additional changes being made to the base text.
    HB1437 Enrolled     - 83 - LRB104 08139 SPS 18185 b

1   (g) This amendatory Act of the 104th General Assembly

2 applies to all claims, civil actions, and proceedings pending

3 on or filed on, before, or after the effective date of this

4 amendatory Act.

5                       Article 20.

6   Section 20-5. The Eminent Domain Act is amended by adding

7 Section 25-5-104.5 and by reenacting and changing Section

8 25-5-105 as follows:

9   (735 ILCS 30/25-5-104.5 new)

10  Sec. 25-5-104.5. Continuation and validation of quick-take

11 powers; Menard County; Athens Blacktop.

12  (a) The General Assembly finds and declares the following:

13  (1) When Section 25-5-105 was added to this Act by

14  Public Act 103-3, it contained a provision that called for

15  Section 25-5-105 to be repealed May 31, 2023, which was 2

16  years after the effective date of Public Act 103-3.

17  (2) As a result of the enactment of Public Act

18  103-605, the repeal date of Section 25-5-105 was extended

19  to May 31, 2025.

20  (3) Senate Bill 2456 of the 104th General Assembly

21  included a provision that further extended the repeal date

22  of Section 25-5-105 from May 31, 2025 to May 31, 2026, but

23  Senate Bill 2456 did not become law until June 16, 2025.
    HB1437 Enrolled    - 84 - LRB104 08139 SPS 18185 b

1   (4) The Statute on Statutes sets forth general rules

2   on the repeal of statutes, but Section 1 of that Act also

3   states that these rules will not be observed when the

4   result would be "inconsistent with the manifest intent of

5   the General Assembly or repugnant to the context of the

6   statute".

7   (5) The actions of the General Assembly in passing

8   Senate Bill 2456 clearly manifested the intention of the

9   General Assembly to extend the date for the repeal of

10  Section 25-5-105.

11  (6) Any construction of Section 25-5-105 that results

12  in the repeal of Section 25-5-105 on May 31, 2025 would be

13  inconsistent with the manifest intent of the General

14  Assembly.

15  (b) It is hereby declared to be the intent of the General

16 Assembly that Section 25-5-105 should not be subject to repeal

17 on May 31, 2025 and that the repeal date of Section 25-5-105

18 should be further extended to July 1, 2027.

19  (c) Section 25-5-105 of this Act, therefore, shall not be

20 subject to repeal on May 31, 2025 and, instead, shall be deemed

21 to have been in continuous effect since its original effective

22 date and shall remain in effect until it is otherwise lawfully

23 repealed.

24  (d) All actions taken in reliance on or pursuant to

25 Section 25-5-105 by any officer or agency of State government

26 or any other person or entity are validated.
    HB1437 Enrolled         - 85 - LRB104 08139 SPS 18185 b

1   (e) To ensure the continuing effectiveness of Section

2 25-5-105, Section 25-5-105 is set forth in full and re-enacted

3 by this amendatory Act of the 104th General Assembly. This

4 re-enactment is intended as a continuation of Section

5 25-5-105. It is not intended to supersede any amendment to

6 Section 25-5-105 that is enacted by the General Assembly.

7   (f) In this amendatory Act of the 104th General Assembly,

8 the base text of the reenacted Section is set forth as amended

9 by Public Act 104-10. Striking and underscoring is used only

10 to show additional changes being made to the base text.

11  (g) This amendatory Act of the 104th General Assembly

12 applies to all claims, civil actions, and proceedings pending

13 on or filed on, before, or after the effective date of this

14 amendatory Act.

15  (735 ILCS 30/25-5-105)

16  Sec. 25-5-105. Quick-take; Menard County; Athens Blacktop.

17  (a) Quick-take proceedings under Article 20 may be used

18 for a period of one year after May 31, 2025 (2 years after the

19 effective date of Public Act 103-3) by Menard County for the

20 acquisition of the following described property for the

21 purpose of reconstructing the Athens Blacktop corridor.

22  Route: FAS 574/Athens Blacktop Road

23  County: Menard

24  Parcel No.: D-18
    HB1437 Enrolled          - 86 - LRB104 08139 SPS 18185 b

1   P.I.N. No.: 12-28-400-006

2   Section: 09-00056-05-EG

3   Station: RT 181+94.77

4   Station: RT 188+48.97

5   A part of the Southeast Quarter of Section 28,

6   Township 18 North, Range 6 West of the Third Principal

7   Meridian, described as follows:

8   Commencing at the Northeast corner of the Southeast

9   Quarter of said Section 28; thence South 89 degrees 42

10  minutes 06 seconds West along the north line of the

11  Southeast Quarter of said Section 28, a distance of 669.81

12  feet to the northeast parcel corner and the point of

13  beginning; thence South 02 degrees 24 minutes 13 seconds

14  East along the east parcel line, 80.48 feet; thence South

15  72 degrees 55 minutes 03 seconds West, 103.39 feet; thence

16  South 89 degrees 43 minutes 40 seconds West, 150.00 feet;

17  thence North 86 degrees 08 minutes 49 seconds West, 405.10

18  feet to the west parcel line; thence North 01 degree 06

19  minutes 28 seconds West along said line, 80.89 feet to the

20  north line of the Southeast Quarter of said Section 28;

21  thence North 89 degrees 42 minutes 06 seconds East along

22  said line, 651.20 feet to the point of beginning,

23  containing 0.860 acres, more or less of new right of way

24  and 0.621 acres, more or less of existing right of way.

25  Route: FAS 574/Athens Blacktop Road
    HB1437 Enrolled          - 87 - LRB104 08139 SPS 18185 b

1   County: Menard

2   Parcel No.: D-19

3   P.I.N. No.: 12-28-400-007

4   Section: 09-00056-05-EG

5   Station: RT 188+46.59

6   Station: RT 191+17.37

7   A part of the Southeast Quarter of Section 28,

8   Township 18 North, Range 6 West of the Third Principal

9   Meridian, described as follows:

10  Commencing at the Northeast corner of the Southeast

11  Quarter of said Section 28; thence South 89 degrees 42

12  minutes 06 seconds West along the north line of the

13  Southeast Quarter of said Section 28, a distance of 399.89

14  feet to the northeast parcel corner and the point of

15  beginning; thence South 01 degree 10 minutes 54 seconds

16  East along the east parcel line, 92.67 feet; thence South

17  80 degrees 35 minutes 32 seconds West, 17.59 feet; thence

18  South 89 degrees 43 minutes 40 seconds West, 75.00 feet;

19  thence North 00 degrees 16 minutes 20 seconds West, 45.45

20  feet to the existing southerly right of way line of Athens

21  Blacktop Road (FAS 574); thence South 89 degrees 42

22  minutes 25 seconds West along said line, 75.00 feet;

23  thence South 72 degrees 55 minutes 03 seconds West, 105.54

24  feet to the west parcel line; thence North 02 degrees 24

25  minutes 13 seconds West along said line, 80.48 feet to the

26  north line of the Southeast Quarter of said Section 28;
    HB1437 Enrolled          - 88 - LRB104 08139 SPS 18185 b

1   thence North 89 degrees 42 minutes 06 seconds East along

2   said line, 269.92 feet to the point of beginning,

3   containing 0.137 acres, more or less of new right of way

4   and 0.303 acres, more or less of existing right of way.

5   (b) This Section is repealed July 1, 2027 May 31, 2026 (3

6 years after the effective date of Public Act 103-3).

7 (Source: P.A. 103-3, eff. 5-31-23; 103-605, eff. 7-1-24;

8 104-10, eff. 6-16-25)

9                            Article 25.

10  Section 25-5. The Election Code is amended by changing

11 Section 10-6 as follows:

12  (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)

13  Sec. 10-6. Time and manner of filing. Except as otherwise

14 provided in this Code, certificates of nomination and

15 nomination papers for the nomination of candidates for offices

16 to be filled by electors of the entire State, or any district

17 not entirely within a county, or for congressional, state

18 legislative or judicial offices, shall be presented to the

19 principal office of the State Board of Elections not more than

20 169 nor less than 162 days previous to the day of election for

21 which the candidates are nominated. The State Board of

22 Elections shall endorse the certificates of nomination or

23 nomination papers, as the case may be, and the date and hour of
    HB1437 Enrolled  - 89 - LRB104 08139 SPS 18185 b

1 presentment to it. Except as otherwise provided in this Code,

2 all other certificates for the nomination of candidates shall

3 be filed with the county clerk of the respective counties not

4 more than 169 but at least 162 days previous to the day of such

5 election. Certificates of nomination and nomination papers for

6 the nomination of candidates for school district offices to be

7 filled at consolidated elections shall be filed with the

8 county clerk or county board of election commissioners of the

9 county in which the principal office of the school district is

10 located not more than 141 nor less than 134 days before the

11 consolidated election. Except as otherwise provided in this

12 Code, certificates of nomination and nomination papers for the

13 nomination of candidates for the other offices of political

14 subdivisions to be filled at regular elections other than the

15 general election shall be filed with the local election

16 official of such subdivision:

17  (1) (blank);

18  (2) not more than 141 nor less than 134 days prior to

19  the consolidated election; or

20  (3) not more than 141 nor less than 134 days prior to

21  the general primary in the case of municipal offices to be

22  filled at the general primary election; or

23  (4) not more than 127 nor less than 120 days before the

24  consolidated primary in the case of municipal offices to

25  be elected on a nonpartisan basis pursuant to law

26  (including, without limitation, those municipal offices
    HB1437 Enrolled        - 90 - LRB104 08139 SPS 18185 b

1   subject to Articles 4 and 5 of the Municipal Code); or

2   (5) not more than 141 nor less than 134 days before the

3   municipal primary in even numbered years for such

4   nonpartisan municipal offices where annual elections are

5   provided; or

6   (6) in the case of petitions for the office of

7   multi-township assessor, such petitions shall be filed

8   with the election authority not more than 141 113 nor less

9   than 134 days before the consolidated election.

10  However, where a political subdivision's boundaries are

11 co-extensive with or are entirely within the jurisdiction of a

12 municipal board of election commissioners, the certificates of

13 nomination and nomination papers for candidates for such

14 political subdivision offices shall be filed in the office of

15 such Board.

16 (Source: P.A. 102-15, eff. 6-17-21; 103-600, eff. 7-1-24.)

17  Section 25-10. The Illinois Municipal Code is amended by

18 changing Section 3.1-10-50 as follows:

19  (65 ILCS 5/3.1-10-50)

20  Sec. 3.1-10-50. Events upon which an elective office

21 becomes vacant in municipality with population under 500,000.

22  (a) Vacancy by resignation. A resignation is not effective

23 unless it is in writing, signed by the person holding the

24 elective office, and notarized.
    HB1437 Enrolled  - 91 - LRB104 08139 SPS 18185 b

1   (1) Unconditional resignation. An unconditional

2   resignation by a person holding the elective office may

3   specify a future date, not later than 60 days after the

4   date the resignation is received by the officer authorized

5   to fill the vacancy, at which time it becomes operative,

6   but the resignation may not be withdrawn after it is

7   received by the officer authorized to fill the vacancy.

8   The effective date of a resignation that does not specify

9   a future date at which it becomes operative is the date the

10  resignation is received by the officer authorized to fill

11  the vacancy. The effective date of a resignation that has

12  a specified future effective date is that specified future

13  date or the date the resignation is received by the

14  officer authorized to fill the vacancy, whichever date

15  occurs later.

16  (2) Conditional resignation. A resignation that does

17  not become effective unless a specified event occurs can

18  be withdrawn at any time prior to the occurrence of the

19  specified event, but if not withdrawn, the effective date

20  of the resignation is the date of the occurrence of the

21  specified event or the date the resignation is received by

22  the officer authorized to fill the vacancy, whichever date

23  occurs later.

24  (3) Vacancy upon the effective date. For the purpose

25  of determining the time period that would require an

26  election to fill the vacancy by resignation or the
    HB1437 Enrolled      - 92 - LRB104 08139 SPS 18185 b

1   commencement of the 60-day time period referred to in

2   subsection (e), the resignation of an elected officer is

3   deemed to have created a vacancy as of the effective date

4   of the resignation.

5   (4) Duty of the clerk. If a resignation is delivered

6   to the clerk of the municipality, the clerk shall forward

7   a certified copy of the written resignation to the

8   official who is authorized to fill the vacancy within 7

9   business days after receipt of the resignation.

10  (b) Vacancy by death or disability. A vacancy occurs in an

11 office by reason of the death of the incumbent. The date of the

12 death may be established by the date shown on the death

13 certificate. A vacancy occurs in an office by permanent

14 physical or mental disability rendering the person incapable

15 of performing the duties of the office. The corporate

16 authorities have the authority to make the determination

17 whether an officer is incapable of performing the duties of

18 the office because of a permanent physical or mental

19 disability. A finding of mental disability shall not be made

20 prior to the appointment by a court of a guardian ad litem for

21 the officer or until a duly licensed doctor certifies, in

22 writing, that the officer is mentally impaired to the extent

23 that the officer is unable to effectively perform the duties

24 of the office. If the corporate authorities find that an

25 officer is incapable of performing the duties of the office

26 due to permanent physical or mental disability, that person is
    HB1437 Enrolled  - 93 - LRB104 08139 SPS 18185 b

1 removed from the office and the vacancy of the office occurs on

2 the date of the determination.

3   (c) Vacancy by other causes.

4   (1) Abandonment and other causes. A vacancy occurs in

5   an office by reason of abandonment of office; removal from

6   office; or failure to qualify; or more than temporary

7   removal of residence from the municipality; or in the case

8   of an alderperson of a ward or councilman or trustee of a

9   district, more than temporary removal of residence from

10  the ward or district, as the case may be. The corporate

11  authorities have the authority to determine whether a

12  vacancy under this subsection has occurred. If the

13  corporate authorities determine that a vacancy exists, the

14  office is deemed vacant as of the date of that

15  determination for all purposes including the calculation

16  under subsections (e), (f), and (g).

17  (2) Guilty of a criminal offense. An admission of

18  guilt of a criminal offense that upon conviction would

19  disqualify the municipal officer from holding the office,

20  in the form of a written agreement with State or federal

21  prosecutors to plead guilty to a felony, bribery, perjury,

22  or other infamous crime under State or federal law,

23  constitutes a resignation from that office, effective on

24  the date the plea agreement is made. For purposes of this

25  Section, a conviction for an offense that disqualifies a

26  municipal officer from holding that office occurs on the
    HB1437 Enrolled  - 94 - LRB104 08139 SPS 18185 b

1   date of the return of a guilty verdict or, in the case of a

2   trial by the court, on the entry of a finding of guilt.

3   (3) Election declared void. A vacancy occurs on the

4   date of the decision of a competent tribunal declaring the

5   election of the officer void.

6   (4) Owing a debt to the municipality. A vacancy occurs

7   if a municipal official fails to pay a debt to a

8   municipality in which the official has been elected or

9   appointed to an elected position subject to the following:

10  (A) Before a vacancy may occur under this

11  paragraph (4), the municipal clerk shall deliver, by

12  personal service, a written notice to the municipal

13  official that (i) the municipal official is in arrears

14  of a debt to the municipality, (ii) that municipal

15  official must either pay or contest the debt within 30

16  days after receipt of the notice or the municipal

17  official will be disqualified and his or her office

18  vacated, and (iii) if the municipal official chooses

19  to contest the debt, the municipal official must

20  provide written notice to the municipal clerk of the

21  contesting of the debt. A copy of the notice, and the

22  notice to contest, shall also be mailed by the

23  municipal clerk to the appointed municipal attorney by

24  certified mail. If the municipal clerk is the

25  municipal official indebted to the municipality, the

26  mayor or president of the municipality shall assume
    HB1437 Enrolled  - 95 - LRB104 08139 SPS 18185 b

1   the duties of the municipal clerk required under this

2   paragraph (4).

3   (B) In the event that the municipal official

4   chooses to contest the debt, a hearing shall be held

5   within 30 days of the municipal clerk's receipt of the

6   written notice of contest from the municipal official.

7   An appointed municipal hearing officer shall preside

8   over the hearing, and shall hear testimony and accept

9   evidence relevant to the existence of the debt owed by

10  the municipal officer to the municipality.

11  (C) Upon the conclusion of the hearing, the

12  hearing officer shall make a determination on the

13  basis of the evidence presented as to whether or not

14  the municipal official is in arrears of a debt to the

15  municipality. The determination shall be in writing

16  and shall be designated as findings, decision, and

17  order. The findings, decision, and order shall

18  include: (i) the hearing officer's findings of fact;

19  (ii) a decision of whether or not the municipal

20  official is in arrears of a debt to the municipality

21  based upon the findings of fact; and (iii) an order

22  that either directs the municipal official to pay the

23  debt within 30 days or be disqualified and his or her

24  office vacated or dismisses the matter if a debt owed

25  to the municipality is not proved. A copy of the

26  hearing officer's written determination shall be
    HB1437 Enrolled  - 96 - LRB104 08139 SPS 18185 b

1   served upon the municipal official in open proceedings

2   before the hearing officer. If the municipal official

3   does not appear for receipt of the written

4   determination, the written determination shall be

5   deemed to have been served on the municipal official

6   on the date when a copy of the written determination is

7   personally served on the municipal official or on the

8   date when a copy of the written determination is

9   deposited in the United States mail, postage prepaid,

10  addressed to the municipal official at the address on

11  record with the municipality.

12  (D) A municipal official aggrieved by the

13  determination of a hearing officer may secure judicial

14  review of such determination in the circuit court of

15  the county in which the hearing was held. The

16  municipal official seeking judicial review must file a

17  petition with the clerk of the court and must serve a

18  copy of the petition upon the municipality by

19  registered or certified mail within 5 days after

20  service of the determination of the hearing officer.

21  The petition shall contain a brief statement of the

22  reasons why the determination of the hearing officer

23  should be reversed. The municipal official shall file

24  proof of service with the clerk of the court. No answer

25  to the petition need be filed, but the municipality

26  shall cause the record of proceedings before the
    HB1437 Enrolled      - 97 - LRB104 08139 SPS 18185 b

1   hearing officer to be filed with the clerk of the court

2   on or before the date of the hearing on the petition or

3   as ordered by the court. The court shall set the matter

4   for hearing to be held within 30 days after the filing

5   of the petition and shall make its decision promptly

6   after such hearing.

7   (E) If a municipal official chooses to pay the

8   debt, or is ordered to pay the debt after the hearing,

9   the municipal official must present proof of payment

10  to the municipal clerk that the debt was paid in full,

11  and, if applicable, within the required time period as

12  ordered by a hearing officer or circuit court judge.

13  (F) A municipal official will be disqualified and

14  his or her office vacated pursuant to this paragraph

15  (4) on the later of the following times if the

16  municipal official: (i) fails to pay or contest the

17  debt within 30 days of the municipal official's

18  receipt of the notice of the debt; (ii) fails to pay

19  the debt within 30 days after being served with a

20  written determination under subparagraph (C) ordering

21  the municipal official to pay the debt; or (iii) fails

22  to pay the debt within 30 days after being served with

23  a decision pursuant to subparagraph (D) upholding a

24  hearing officer's determination that the municipal

25  officer has failed to pay a debt owed to a

26  municipality.
    HB1437 Enrolled  - 98 - LRB104 08139 SPS 18185 b

1   (G) For purposes of this paragraph, a "debt" shall

2   mean an arrearage in a definitely ascertainable and

3   quantifiable amount after service of written notice

4   thereof, in the payment of any indebtedness due to the

5   municipality, which has been adjudicated before a

6   tribunal with jurisdiction over the matter. A

7   municipal official is considered in arrears of a debt

8   to a municipality if a debt is more than 30 days

9   overdue from the date the debt was due.

10  (d) Election of an acting mayor or acting president. The

11 election of an acting mayor or acting president pursuant to

12 subsection (f) or (g) does not create a vacancy in the original

13 office of the person on the city council or as a trustee, as

14 the case may be, unless the person resigns from the original

15 office following election as acting mayor or acting president.

16 If the person resigns from the original office following

17 election as acting mayor or acting president, then the

18 original office must be filled pursuant to the terms of this

19 Section and the acting mayor or acting president shall

20 exercise the powers of the mayor or president and shall vote

21 and have veto power in the manner provided by law for a mayor

22 or president. If the person does not resign from the original

23 office following election as acting mayor or acting president,

24 then the acting mayor or acting president shall exercise the

25 powers of the mayor or president but shall be entitled to vote

26 only in the manner provided for as the holder of the original
   HB1437 Enrolled  - 99 - LRB104 08139 SPS 18185 b

1 office and shall not have the power to veto. If the person does

2 not resign from the original office following election as

3 acting mayor or acting president, and if that person's

4 original term of office has not expired when a mayor or

5 president is elected and has qualified for office, the acting

6 mayor or acting-president shall return to the original office

7 for the remainder of the term thereof.

8  (e) Appointment to fill alderperson or trustee vacancy. An

9 appointment by the mayor or president or acting mayor or

10 acting president, as the case may be, of a qualified person as

11 described in Section 3.1-10-5 of this Code to fill a vacancy in

12 the office of alderperson or trustee must be made within 60

13 days after the vacancy occurs. Once the appointment of the

14 qualified person has been forwarded to the corporate

15 authorities, the corporate authorities shall act upon the

16 appointment within 30 days. If the appointment fails to

17 receive the advice and consent of the corporate authorities

18 within 30 days, the mayor or president or acting mayor or

19 acting president shall appoint and forward to the corporate

20 authorities a second qualified person as described in Section

21 3.1-10-5. Once the appointment of the second qualified person

22 has been forwarded to the corporate authorities, the corporate

23 authorities shall act upon the appointment within 30 days. If

24 the appointment of the second qualified person also fails to

25 receive the advice and consent of the corporate authorities,

26 then the mayor or president or acting mayor or acting
    HB1437 Enrolled  - 100 - LRB104 08139 SPS 18185 b

1 president, without the advice and consent of the corporate

2 authorities, may make a temporary appointment from those

3 persons who were appointed but whose appointments failed to

4 receive the advice and consent of the corporate authorities.

5 The person receiving the temporary appointment shall serve

6 until an appointment has received the advice and consent and

7 the appointee has qualified or until a person has been elected

8 and has qualified, whichever first occurs.

9   (f) Election to fill vacancies in municipal offices with

10 4-year terms. If a vacancy occurs in an elective municipal

11 office with a 4-year term and there remains an unexpired

12 portion of the term of at least 28 months, and the vacancy

13 occurs before the period to file petitions for at least 130

14 days before the general municipal election next scheduled

15 under the general election law, then the vacancy shall be

16 filled for the remainder of the term at that general municipal

17 election. Whenever an election is held for this purpose, the

18 municipal clerk shall certify the office to be filled and the

19 candidates for the office to the proper election authorities

20 as provided in the general election law. If a vacancy occurs

21 with less than 28 months remaining in the unexpired portion of

22 the term or after the period to file petitions for less than

23 130 days before the general municipal election, then:

24  (1) Mayor or president. If the vacancy is in the

25  office of mayor or president, the vacancy must be filled

26  by the corporate authorities electing one of their members
    HB1437 Enrolled  - 101 - LRB104 08139 SPS 18185 b

1   as acting mayor or acting president. Except as set forth

2   in subsection (d), the acting mayor or acting president

3   shall perform the duties and possess all the rights and

4   powers of the mayor or president until a mayor or

5   president is elected at the next general municipal

6   election and has qualified. However, in villages with a

7   population of less than 5,000, if each of the trustees

8   either declines the election as acting president or is not

9   elected by a majority vote of the trustees presently

10  holding office, then the trustees may elect, as acting

11  president, any other village resident who is qualified to

12  hold municipal office, and the acting president shall

13  exercise the powers of the president and shall vote and

14  have veto power in the manner provided by law for a

15  president.

16  (2) Alderperson or trustee. If the vacancy is in the

17  office of alderperson or trustee, the vacancy must be

18  filled by the mayor or president or acting mayor or acting

19  president, as the case may be, in accordance with

20  subsection (e).

21  (3) Other elective office. If the vacancy is in any

22  elective municipal office other than mayor or president or

23  alderperson or trustee, the mayor or president or acting

24  mayor or acting president, as the case may be, must

25  appoint a qualified person to hold the office until the

26  office is filled by election, subject to the advice and
    HB1437 Enrolled   - 102 - LRB104 08139 SPS 18185 b

1   consent of the city council or the board of trustees, as

2   the case may be.

3   (g) Vacancies in municipal offices with 2-year terms. In

4 the case of an elective municipal office with a 2-year term, if

5 the vacancy occurs before the period to file petitions for at

6 least 130 days before the general municipal election next

7 scheduled under the general election law, the vacancy shall be

8 filled for the remainder of the term at that general municipal

9 election. If the vacancy occurs after the period to file

10 petitions for less than 130 days before the general municipal

11 election, then:

12  (1) Mayor or president. If the vacancy is in the

13  office of mayor or president, the vacancy must be filled

14  by the corporate authorities electing one of their members

15  as acting mayor or acting president. Except as set forth

16  in subsection (d), the acting mayor or acting president

17  shall perform the duties and possess all the rights and

18  powers of the mayor or president until a mayor or

19  president is elected at the next general municipal

20  election and has qualified. However, in villages with a

21  population of less than 5,000, if each of the trustees

22  either declines the election as acting president or is not

23  elected by a majority vote of the trustees presently

24  holding office, then the trustees may elect, as acting

25  president, any other village resident who is qualified to

26  hold municipal office, and the acting president shall
    HB1437 Enrolled            - 103 - LRB104 08139 SPS 18185 b

1       exercise the powers of the president and shall vote and

2       have veto power in the manner provided by law for a

3       president.

4       (2) Alderperson or trustee. If the vacancy is in the

5       office of alderperson or trustee, the vacancy must be

6       filled by the mayor or president or acting mayor or acting

7       president, as the case may be, in accordance with

8       subsection (e).

9       (3) Other elective office. If the vacancy is in any

10      elective municipal office other than mayor or president or

11      alderperson or trustee, the mayor or president or acting

12      mayor or acting president, as the case may be, must

13      appoint a qualified person to hold the office until the

14      office is filled by election, subject to the advice and

15      consent of the city council or the board of trustees, as

16      the case may be.

17      (h) In cases of vacancies arising by reason of an election

18 being declared void pursuant to paragraph (3) of subsection

19 (c), persons holding elective office prior thereto shall hold

20 office until their successors are elected and qualified or

21 appointed and confirmed by advice and consent, as the case may

22 be.

23      (i) This Section applies only to municipalities with

24 populations under 500,000.

25 (Source: P.A. 102-15, eff. 6-17-21.)
    HB1437 Enrolled     - 104 - LRB104 08139 SPS 18185 b

1   Section 25-15. The Downstate Forest Preserve District Act

2 is amended by changing Section 3c-2 as follows:

3   (70 ILCS 805/3c-2)

4   Sec. 3c-2. Continuous effect of provisions; validation.

5 The General Assembly declares that the changes made to

6 Sections 3c and 3c-1 by this amendatory Act of the 103rd

7 General Assembly shall be deemed to have been in continuous

8 effect since November 15, 2021 (the effective date of Public

9 Act 102-668 102-688) and shall continue to be in effect until

10 they are lawfully repealed. All actions that were taken on or

11 after 2021 and before the effective date of this amendatory

12 Act of the 103rd General Assembly by a downstate forest

13 preserve district or any other person and that are consistent

14 with or in reliance on the changes made to Sections 3c and 3c-1

15 by this amendatory Act of the 103rd General Assembly are

16 hereby validated.

17 (Source: P.A. 103-600, eff. 7-1-24.)

18  Section 25-20. The Park District Code is amended by

19 changing Sections 2-10a, 2-12a, and 2-25 as follows:

20  (70 ILCS 1205/2-10a) (from Ch. 105, par. 2-10a)

21  Sec. 2-10a. Any district may provide by referendum, or by

22 resolution of the board, that the board shall be comprised of 7

23 commissioners. Any such referendum shall be initiated and held
   HB1437 Enrolled  - 105 - LRB104 08139 SPS 18185 b

1 in the same manner as is provided by the general election law.

2  If a majority of the votes cast on the proposition is in

3 favor of the 7-member board, or if the board adopts a

4 resolution stating that it is acting pursuant to this Section

5 in order to create a 7-member board, then whichever of the

6 following transition schedules are appropriate shall be

7 applied: At the election of commissioners next following by at

8 least 225 197 days after the date on which the proposition to

9 create a 7-member board was approved at referendum or by

10 resolution, the number of commissioners to be elected shall be

11 2 more than the number that would otherwise have been elected.

12 If this results in the election, pursuant to Section 2-12 of

13 this Act, of 4 commissioners at that election, one of the 4, to

14 be determined by lot within 30 days after the election, shall

15 serve for a term of 4 years or 2 years as the case may be,

16 instead of 6 years, so that his term will expire in the same

17 year in which the term of only one of the incumbent

18 commissioners expires. Thereafter, all commissioners shall be

19 elected for 6-year terms as provided in Section 2-12. If the

20 creation of a 7-member board results in the election of either

21 3 or 4 commissioners, pursuant to Section 2-12a of this Act, at

22 that election, 2 of them, to be determined by lot within 30

23 days after the election, shall serve for terms of 2 years

24 instead of 4 years. Thereafter, all commissioners shall be

25 elected for 4-year terms as provided in Section 2-12a of this

26 Act.
   HB1437 Enrolled  - 106 - LRB104 08139 SPS 18185 b

1  In any district where a 7-member board has been created

2 pursuant to this Section whether by referendum or by

3 resolution, the number of commissioners may later be reduced

4 to 5, but only by a referendum initiated and held in the same

5 manner as prescribed in this Section for creating a 7-member

6 board. No proposition to reduce the number of commissioners

7 shall affect the terms of any commissioners holding office at

8 the time of the referendum or to be elected within 225 197 days

9 after the referendum. If a majority of the votes cast on the

10 proposition is in favor of reducing a 7-member board to a

11 5-member board, then, at the election of commissioners next

12 following by at least 225 197 days after the date on which the

13 proposition was approved at referendum, the number of

14 commissioners to be elected shall be 2 less than the number

15 that would otherwise have been elected and whichever of the

16 following transition schedules are appropriate shall be

17 applied: (i) if this results in the election of no

18 commissioners for a 6-year term pursuant to Section 2-12 of

19 this Act, then at the next election in which 3 commissioners

20 are scheduled to be elected to 6-year terms as provided in

21 Section 2-12, one of the 3, to be determined by lot within 30

22 days after the election, shall serve for a term of 4 years or 2

23 years, as the case may be, instead of 6 years, so that his or

24 her term will expire in the same year in which the term of no

25 incumbent commissioner is scheduled to expire; thereafter, all

26 commissioners shall be elected for 6-year terms as provided in
    HB1437 Enrolled  - 107 - LRB104 08139 SPS 18185 b

 1 Section 2-12; or (ii) if the reduction to a 5-member board
 2 results in the election of one commissioner to a 4-year term,
 3 pursuant to Section 2-12a of this Act, then at the next
 4 election in which 4 commissioners are scheduled to be elected
 5 to 4-year terms as provided in Section 2-12a, one of the 4, to
 6 be determined by lot within 30 days after the election, shall
 7 serve for a term of 2 years, instead of 4 years, so that his or
 8 her term will expire in the same year in which the term of only
 9 one incumbent commissioner is scheduled to expire; thereafter,
10 all commissioners shall be elected for 4-year terms as
11 provided in Section 2-12a.
12 (Source: P.A. 103-467, eff. 8-4-23.)

13  (70 ILCS 1205/2-12a) (from Ch. 105, par. 2-12a)

14  Sec. 2-12a. Any district may provide, either by resolution

15 of the board or by referendum, that the term of commissioners

16 shall be 4 years rather than 6 years. Any such referendum shall

17 be initiated and held in the same manner as is provided by the

18 general election law for public questions authorized by

19 Article VII of the Illinois Constitution.

20  If a majority of the votes cast on the proposition is in

21 favor of a 4-year term for commissioners, or if the Board

22 adopts a resolution stating that it is acting pursuant to this

23 Section to change the term of office from 6 years to 4 years,

24 commissioners thereafter elected, commencing with the first

25 regular park district election at least 225 197 days after the
    HB1437 Enrolled       - 108 - LRB104 08139 SPS 18185 b

1 date on which the proposition for 4-year terms was approved at

2 referendum or by resolution, shall be elected for a term of 4

3 years. In order to provide for the transition from 6-year

4 terms to 4-year terms:

5   (1) If 2 commissioners on a 5-member board are to be

6   elected at the first such election and if the term of only

7   one commissioner is scheduled to expire in the year of the

8   next election at which commissioners are elected, of the 2

9   commissioners elected, one shall serve a 2-year term and

10  one a 4-year term, to be determined by lot between the 2

11  persons elected within 30 days after the election.

12  (2) On a 7-member board under Section 2-10a, if the

13  terms of only 2 commissioners are scheduled to expire in

14  the year of the second election at which commissioners are

15  elected after the first regular park district election at

16  least 225 197 days after the date on which the proposition

17  for 4-year terms was approved at referendum or by

18  resolution, then:

19  (A) if 3 commissioners are elected at the first

20  regular election, 2 of the commissioners elected shall

21  serve a 2-year term and one shall serve a 4-year term

22  to be determined by lot between persons elected within

23  30 days after the first election; or

24  (B) if 2 commissioners are elected at the first

25  regular election, those 2 commissioners elected shall

26  serve a 2-year term.
    HB1437 Enrolled  - 109 - LRB104 08139 SPS 18185 b

1   In any district where the board has created 4-year terms

2 pursuant to this Section, whether by referendum or by

3 resolution, the length of terms may later be increased to 6

4 years, but only by a referendum initiated and held in the same

5 manner as prescribed in this Section for creating 4-year

6 terms. No proposition to increase the terms of commissioners

7 shall affect any commissioner holding office at the time of

8 the referendum or to be elected within 225 197 days after the

9 referendum.

10 (Source: P.A. 103-467, eff. 8-4-23.)

11  (70 ILCS 1205/2-25) (from Ch. 105, par. 2-25)

12  Sec. 2-25. Vacancies. Whenever any member of the governing

13 board of any park district (i) dies, (ii) resigns, (iii)

14 becomes under legal disability, (iv) ceases to be a legal

15 voter in the district, (v) is convicted in any court located in

16 the United States of any infamous crime, bribery, perjury, or

17 other felony, (vi) refuses or neglects to take his or her oath

18 of office, (vii) neglects to perform the duties of his or her

19 office or attend meetings of the board for the length of time

20 as the board fixes by ordinance, or (viii) for any other reason

21 specified by law, that office may be declared vacant.

22 Vacancies shall be filled by appointment by a majority of the

23 remaining members of the board. Any person so appointed shall

24 hold his or her office until the next regular election for this

25 office, at which a member shall be elected to fill the vacancy
    HB1437 Enrolled  - 110 - LRB104 08139 SPS 18185 b

1 for the unexpired term, subject to the following conditions:

2   (1) If the vacancy occurs with less than 28 months

3   remaining in the term, the person appointed to fill the

4   vacancy shall hold his or her office until the expiration

5   of the term for which he or she has been appointed, and no

6   election to fill the vacancy shall be held.

7   (2) If the vacancy occurs with more than 28 months

8   left in the term, but less than 151 123 days before the

9   next regularly scheduled election for this office, the

10  person appointed to fill the vacancy shall hold his or her

11  office until the second regularly scheduled election for

12  the office following the appointment, at which a member

13  shall be elected to fill the vacancy for the unexpired

14  term.

15 (Source: P.A. 101-257, eff. 8-9-19; 102-558, eff. 8-20-21.)

16  Section 25-25. The School Code is amended by changing

17 Sections 3A-6 and 34-4.1 as follows:

18  (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)

19  Sec. 3A-6. Election of Superintendent for consolidated

20 region - Bond - Vacancies in any educational service region.

21  (a) The regional superintendent to be elected under

22 Section 3A-5 shall be elected at the time provided in the

23 general election law and must possess the qualifications

24 described in Section 3-1 of this Act.
   HB1437 Enrolled         - 111 - LRB104 08139 SPS 18185 b

1  (b) The bond required under Section 3-2 shall be filed in

2 the office of the county clerk in the county where the regional

3 office is situated, and a certified copy of that bond shall be

4 filed in the office of the county clerk in each of the other

5 counties in the region.

6  (c) When a vacancy occurs in the office of regional

7 superintendent of schools of any educational service region

8 which is not located in a county which is a home rule unit,

9 such vacancy shall be filled within 60 days (i) by appointment

10 of the chairman of the county board, with the advice and

11 consent of the county board, when such vacancy occurs in a

12 single county educational service region; or (ii) by

13 appointment of a committee composed of the chairmen of the

14 county boards of those counties comprising the affected

15 educational service region when such vacancy occurs in a

16 multicounty educational service region, each committeeman to

17 be entitled to one vote for each vote that was received in the

18 county represented by such committeeman on the committee by

19 the regional superintendent of schools whose office is vacant

20 at the last election at which a regional superintendent was

21 elected to such office, and the person receiving the highest

22 number of affirmative votes from the committeemen for such

23 vacant office to be deemed the person appointed by such

24 committee to fill the vacancy. The appointee shall be a member

25 of the same political party as the regional superintendent of

26 schools the appointee succeeds was at the time such regional
    HB1437 Enrolled       - 112 - LRB104 08139 SPS 18185 b

1 superintendent of schools last was elected. The appointee

2 shall serve for the remainder of the term. However, if more

3 than 28 months remain in that term and the vacancy occurs at

4 least 130 days before the next general election, the

5 appointment shall be until the next general election, at which

6 time the vacated office shall be filled by election for the

7 remainder of the term. Nominations shall be made and any

8 vacancy in nomination shall be filled as follows:

9   (1) If the vacancy in office occurs before the first

10  date provided in Section 7-12 of the Election Code for

11  filing nomination papers for county offices for the

12  primary in the next even-numbered year following

13  commencement of the term of office in which the vacancy

14  occurs, nominations for the election for filling the

15  vacancy shall be made pursuant to Article 7 of the

16  Election Code.

17  (2) If the vacancy in office occurs during the time

18  provided in Section 7-12 of the Election Code for filing

19  nomination papers for county offices for the primary in

20  the next even-numbered year following commencement of the

21  term of office in which the vacancy occurs, the time for

22  filing nomination papers for the primary shall not be more

23  than 120 91 days nor less than 113 85 days prior to the

24  date of the primary.

25  (3) If the vacancy in office occurs after the last day

26  provided in Section 7-12 of the Election Code for filing
    HB1437 Enrolled  - 113 - LRB104 08139 SPS 18185 b

1   nomination papers for county offices for the primary in

2   the next even-numbered year following commencement of the

3   term of office in which the vacancy occurs, a vacancy in

4   nomination shall be deemed to have occurred and the county

5   central committee of each established political party (if

6   the vacancy occurs in a single county educational service

7   region) or the multi-county educational service region

8   committee of each established political party (if the

9   vacancy occurs in a multi-county educational service

10  region) shall nominate, by resolution, a candidate to fill

11  the vacancy in nomination for election to the office at

12  the general election. In the nomination proceedings to

13  fill the vacancy in nomination, each member of the county

14  central committee or the multi-county educational service

15  region committee, whichever applies, shall have the voting

16  strength as set forth in Section 7-8 or 7-8.02 of the

17  Election Code, respectively. The name of the candidate so

18  nominated shall not appear on the ballot at the general

19  primary election. The vacancy in nomination shall be

20  filled prior to the date of certification of candidates

21  for the general election.

22  (4) The resolution to fill the vacancy shall be duly

23  acknowledged before an officer qualified to take

24  acknowledgments of deeds and shall include, upon its face,

25  the following information: (A) the name of the original

26  nominee and the office vacated; (B) the date on which the
    HB1437 Enrolled  - 114 - LRB104 08139 SPS 18185 b

1   vacancy occurred; and (C) the name and address of the

2   nominee selected to fill the vacancy and the date of

3   selection. The resolution to fill the vacancy shall be

4   accompanied by a statement of candidacy, as prescribed in

5   Section 7-10 of the Election Code, completed by the

6   selected nominee, a certificate from the State Board of

7   Education, as prescribed in Section 3-1 of this Code, and

8   a receipt indicating that the nominee has filed a

9   statement of economic interests as required by the

10  Illinois Governmental Ethics Act.

11 The provisions of Sections 10-8 through 10-10.1 of the

12 Election Code relating to objections to nomination papers,

13 hearings on objections, and judicial review shall also apply

14 to and govern objections to nomination papers and resolutions

15 for filling vacancies in nomination filed pursuant to this

16 Section. Unless otherwise specified in this Section, the

17 nomination and election provided for in this Section is

18 governed by the general election law.

19  Except as otherwise provided by applicable county

20 ordinance or by law, if a vacancy occurs in the office of

21 regional superintendent of schools of an educational service

22 region that is located in a county that is a home rule unit and

23 that has a population of less than 2,000,000 inhabitants, that

24 vacancy shall be filled by the county board of such home rule

25 county.

26  Any person appointed to fill a vacancy in the office of
    HB1437 Enrolled      - 115 - LRB104 08139 SPS 18185 b

1 regional superintendent of schools of any educational service

2 region must possess the qualifications required to be elected

3 to the position of regional superintendent of schools, and

4 shall obtain a certificate of eligibility from the State

5 Superintendent of Education and file same with the county

6 clerk of the county in which the regional superintendent's

7 office is located.

8   If the regional superintendent of schools is called into

9 the active military service of the United States, his office

10 shall not be deemed to be vacant, but a temporary appointment

11 shall be made as in the case of a vacancy. The appointee shall

12 perform all the duties of the regional superintendent of

13 schools during the time the regional superintendent of schools

14 is in the active military service of the United States, and

15 shall be paid the same compensation apportioned as to the time

16 of service, and such appointment and all authority thereunder

17 shall cease upon the discharge of the regional superintendent

18 of schools from such active military service. The appointee

19 shall give the same bond as is required of a regularly elected

20 regional superintendent of schools.

21 (Source: P.A. 96-893, eff. 7-1-10.)

22  (105 ILCS 5/34-4.1)

23  Sec. 34-4.1. Nomination petitions. In addition to the

24 requirements of the general election law, the form of

25 petitions under Section 34-4 of this Code shall be
    HB1437 Enrolled          - 116 - LRB104 08139 SPS 18185 b

1 substantially as follows:

2                    NOMINATING PETITIONS

3                  (LEAVE OUT THE INAPPLICABLE PART.)

4   To the Board of Election Commissioners for the City of

5 Chicago:

6   We the undersigned, being (.... or more) of the voters

7 residing within said district, hereby petition that .... who

8 resides at .... in the City of Chicago shall be a candidate for

9 the office of .... of the Chicago Board of Education (full

10 term) (vacancy) to be voted for at the election to be held on

11 (insert date).

12  Name: .................. Address: ...................

13  In the designation of the name of a candidate on a petition

14 for nomination, the candidate's given name or names, initial

15 or initials, a nickname by which the candidate is commonly

16 known, or a combination thereof may be used in addition to the

17 candidate's surname. If a candidate has changed his or her

18 name, whether by a statutory or common law procedure in

19 Illinois or any other jurisdiction, within 3 years before the

20 last day for filing the petition, then (i) the candidate's

21 name on the petition must be followed by "formerly known as

22 (list all prior names during the 3-year period) until name

23 changed on (list date of each such name change)" and (ii) the

24 petition must be accompanied by the candidate's affidavit

25 stating the candidate's previous names during the period

26 specified in clause (i) and the date or dates each of those
    HB1437 Enrolled  - 117 - LRB104 08139 SPS 18185 b

1 names was changed; failure to meet these requirements shall be

2 grounds for denying certification of the candidate's name for

3 the ballot, but these requirements do not apply to name

4 changes to conform a candidate's name to the candidate's

5 identity or name changes resulting from adoption to assume an

6 adoptive parent's or parents' surname, marriage or civil union

7 to assume a spouse's surname, or dissolution of marriage or

8 civil union or declaration of invalidity of marriage to assume

9 a former surname. No other designation, such as a political

10 slogan, as defined by Section 7-17 of the Election Code, title

11 or degree, or nickname suggesting or implying possession of a

12 title, degree or professional status, or similar information

13 may be used in connection with the candidate's surname.

14  All petitions for the nomination of members of the Chicago

15 Board of Education shall be filed with the board of election

16 commissioners of the jurisdiction in which the principal

17 office of the school district is located and within the time

18 provided for by Article 7 of the Election Code, except that

19 petitions for the nomination of members of the Chicago Board

20 of Education for the 2024 general election shall be prepared,

21 filed, and certified as outlined in Article 10 of the Election

22 Code. The board of election commissioners shall receive and

23 file only those petitions that include a statement of

24 candidacy, the required number of voter signatures, the

25 notarized signature of the petition circulator, and a receipt

26 from the county clerk showing that the candidate has filed a
    HB1437 Enrolled  - 118 - LRB104 08139 SPS 18185 b

1 statement of economic interests interest on or before the last

2 day to file as required by the Illinois Governmental Ethics

3 Act. The board of election commissioners may have petition

4 forms available for issuance to potential candidates and may

5 give notice of the petition filing period by publication in a

6 newspaper of general circulation within the school district

7 not less than 10 days prior to the first day of filing. The

8 board of election commissioners shall make certification to

9 the proper election authorities in accordance with the general

10 election law.

11  The board of election commissioners of the jurisdiction in

12 which the principal office of the school district is located

13 shall notify the candidates for whom a petition for nomination

14 is filed or the appropriate committee of the obligations under

15 the Campaign Financing Act as provided in the general election

16 law. Such notice shall be given on a form prescribed by the

17 State Board of Elections and in accordance with the

18 requirements of the general election law. The board of

19 election commissioners shall within 7 days of filing or on the

20 last day for filing, whichever is earlier, acknowledge to the

21 petitioner in writing the office's acceptance of the petition.

22  A candidate for membership on the Chicago Board of

23 Education who has petitioned for nomination to fill a full

24 term and to fill a vacant term to be voted upon at the same

25 election must withdraw his or her petition for nomination from

26 either the full term or the vacant term by written
    HB1437 Enrolled         - 119 - LRB104 08139 SPS 18185 b

1 declaration.

2   Nomination petitions are not valid unless the candidate

3 named therein files with the board of election commissioners a

4 receipt from the county clerk showing that the candidate has

5 filed a statement of economic interests as required by the

6 Illinois Governmental Ethics Act. Such receipt shall be so

7 filed either previously during the calendar year in which his

8 or her nomination papers were filed or within the period for

9 the filing of nomination papers in accordance with the general

10 election law.

11 (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21;

12 103-467, eff. 8-4-23; 103-584, eff. 3-18-24; revised 6-27-25.)

13                         Article 35.

14  Section 35-5. "AN ACT concerning employment", approved

15 June 30, 2025, (Public Act 104-17) is amended by changing

16 Section 99 as follows:

17  (P.A. 104-17, Sec. 99)

18  Sec. 99. Effective date. This Act takes effect upon

19 becoming law, except that Section 10 takes effect July 1,

20 2026.

21 (Source: P.A. 104-17, eff. 6-30-2025.)

22                         Article 40.
   HB1437 Enrolled  - 120 - LRB104 08139 SPS 18185 b

1  Section 40-5. The Regional Transportation Authority Act is

2 amended by changing Sections 4.01 and 4.09 as follows:

3  (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)

4  Sec. 4.01. Budget and Program.

5  (a) The Board shall control the finances of the Authority.

6 It shall by ordinance adopted by the affirmative vote of at

7 least 12 of its then Directors (i) appropriate money to

8 perform the Authority's purposes and provide for payment of

9 debts and expenses of the Authority, (ii) take action with

10 respect to the budget and two-year financial plan of each

11 Service Board, as provided in Section 4.11, and (iii) adopt an

12 Annual Budget and Two-Year Financial Plan for the Authority

13 that includes the annual budget and two-year financial plan of

14 each Service Board that has been approved by the Authority.

15 The Annual Budget and Two-Year Financial Plan shall contain a

16 statement of the funds estimated to be on hand for the

17 Authority and each Service Board at the beginning of the

18 fiscal year, the funds estimated to be received from all

19 sources for such year, the estimated expenses and obligations

20 of the Authority and each Service Board for all purposes,

21 including expenses for contributions to be made with respect

22 to pension and other employee benefits, and the funds

23 estimated to be on hand at the end of such year. The fiscal

24 year of the Authority and each Service Board shall begin on
HB1437 Enrolled  - 121 - LRB104 08139 SPS 18185 b

 1 January 1st and end on the succeeding December 31st. By July
 2 1st of each year the Director of the Illinois Governor's
 3 Office of Management and Budget (formerly Bureau of the
 4 Budget) shall submit to the Authority an estimate of revenues
 5 for the next fiscal year of the Authority to be collected from
 6 the taxes imposed by the Authority and the amounts to be
 7 available in the Public Transportation Fund and the Regional
 8 Transportation Authority Occupation and Use Tax Replacement
 9 Fund and the amounts otherwise to be appropriated by the State
10 to the Authority for its purposes. The Authority shall file a
11 copy of its Annual Budget and Two-Year Financial Plan with the
12 General Assembly and the Governor after its adoption. Before
13 the proposed Annual Budget and Two-Year Financial Plan is
14 adopted, the Authority shall hold at least one public hearing
15 thereon in the metropolitan region, and shall meet with the
16 county board or its designee of each of the several counties in
17 the metropolitan region. After conducting such hearings and
18 holding such meetings and after making such changes in the
19 proposed Annual Budget and Two-Year Financial Plan as the
20 Board deems appropriate, the Board shall adopt its annual
21 appropriation and Annual Budget and Two-Year Financial Plan
22 ordinance. The ordinance may be adopted only upon the
23 affirmative votes of 12 of its then Directors. The ordinance
24 shall appropriate such sums of money as are deemed necessary
25 to defray all necessary expenses and obligations of the
26 Authority, specifying purposes and the objects or programs for
    HB1437 Enrolled       - 122 - LRB104 08139 SPS 18185 b

1 which appropriations are made and the amount appropriated for

2 each object or program. Additional appropriations, transfers

3 between items and other changes in such ordinance may be made

4 from time to time by the Board upon the affirmative votes of 12

5 of its then Directors.

6   (b) The Annual Budget and Two-Year Financial Plan shall

7 show a balance between anticipated revenues from all sources

8 and anticipated expenses including funding of operating

9 deficits or the discharge of encumbrances incurred in prior

10 periods and payment of principal and interest when due, and

11 shall show cash balances sufficient to pay with reasonable

12 promptness all obligations and expenses as incurred.

13  The Annual Budget and Two-Year Financial Plan must show:

14  (i) that the level of fares and charges for mass

15  transportation provided by, or under grant or purchase of

16  service contracts of, the Service Boards is sufficient to

17  cause the aggregate of all projected fare revenues from

18  such fares and charges received in each fiscal year to

19  equal at least 50% of the aggregate costs of providing

20  such public transportation in such fiscal year. However,

21  due to the fiscal impacts of the COVID-19 pandemic, the

22  aggregate of all projected fare revenues from such fares

23  and charges received in fiscal years 2021, 2022, 2023,

24  2024, and 2025, and 2026 may be less than 50% of the

25  aggregate costs of providing such public transportation in

26  those fiscal years. "Fare revenues" include the proceeds
    HB1437 Enrolled  - 123 - LRB104 08139 SPS 18185 b

1   of all fares and charges for services provided,

2   contributions received in connection with public

3   transportation from units of local government other than

4   the Authority, except for contributions received by the

5   Chicago Transit Authority from a real estate transfer tax

6   imposed under subsection (i) of Section 8-3-19 of the

7   Illinois Municipal Code, and from the State pursuant to

8   subsection (i) of Section 2705-305 of the Department of

9   Transportation Law (20 ILCS 2705/2705-305), and all other

10  operating revenues properly included consistent with

11  generally accepted accounting principles but do not

12  include: the proceeds of any borrowings, and, beginning

13  with the 2007 fiscal year, all revenues and receipts,

14  including but not limited to fares and grants received

15  from the federal, State or any unit of local government or

16  other entity, derived from providing ADA paratransit

17  service pursuant to Section 2.30 of the Regional

18  Transportation Authority Act. "Costs" include all items

19  properly included as operating costs consistent with

20  generally accepted accounting principles, including

21  administrative costs, but do not include: depreciation;

22  payment of principal and interest on bonds, notes or other

23  evidences of obligation for borrowed money issued by the

24  Authority; payments with respect to public transportation

25  facilities made pursuant to subsection (b) of Section 2.20

26  of this Act; any payments with respect to rate protection
    HB1437 Enrolled  - 124 - LRB104 08139 SPS 18185 b

1   contracts, credit enhancements or liquidity agreements

2   made under Section 4.14; any other cost to which it is

3   reasonably expected that a cash expenditure will not be

4   made; costs for passenger security including grants,

5   contracts, personnel, equipment and administrative

6   expenses, except in the case of the Chicago Transit

7   Authority, in which case the term does not include costs

8   spent annually by that entity for protection against crime

9   as required by Section 27a of the Metropolitan Transit

10  Authority Act; the payment by the Chicago Transit

11  Authority of Debt Service, as defined in Section 12c of

12  the Metropolitan Transit Authority Act, on bonds or notes

13  issued pursuant to that Section; the payment by the

14  Commuter Rail Division of debt service on bonds issued

15  pursuant to Section 3B.09; expenses incurred by the

16  Suburban Bus Division for the cost of new public

17  transportation services funded from grants pursuant to

18  Section 2.01e of this amendatory Act of the 95th General

19  Assembly for a period of 2 years from the date of

20  initiation of each such service; costs as exempted by the

21  Board for projects pursuant to Section 2.09 of this Act;

22  or, beginning with the 2007 fiscal year, expenses related

23  to providing ADA paratransit service pursuant to Section

24  2.30 of the Regional Transportation Authority Act; and in

25  fiscal years 2008 through 2012 inclusive, costs in the

26  amount of $200,000,000 in fiscal year 2008, reducing by
    HB1437 Enrolled  - 125 - LRB104 08139 SPS 18185 b

1   $40,000,000 in each fiscal year thereafter until this

2   exemption is eliminated; and

3   (ii) that the level of fares charged for ADA

4   paratransit services is sufficient to cause the aggregate

5   of all projected revenues from such fares charged and

6   received in each fiscal year to equal at least 10% of the

7   aggregate costs of providing such ADA paratransit

8   services. However, due to the fiscal impacts of the

9   COVID-19 pandemic, the aggregate of all projected fare

10  revenues from such fares and charges received in fiscal

11  years 2021, 2022, 2023, 2024, and 2025, and 2026 may be

12  less than 10% of the aggregate costs of providing such ADA

13  paratransit services in those fiscal years. For purposes

14  of this Act, the percentages in this subsection (b)(ii)

15  shall be referred to as the "system generated ADA

16  paratransit services revenue recovery ratio". For purposes

17  of the system generated ADA paratransit services revenue

18  recovery ratio, "costs" shall include all items properly

19  included as operating costs consistent with generally

20  accepted accounting principles. However, the Board may

21  exclude from costs an amount that does not exceed the

22  allowable "capital costs of contracting" for ADA

23  paratransit services pursuant to the Federal Transit

24  Administration guidelines for the Urbanized Area Formula

25  Program.

26  The Authority shall file a statement certifying that the
    HB1437 Enrolled  - 126 - LRB104 08139 SPS 18185 b

1 Service Boards published the data described in subsection

2 (b-5) with the General Assembly and the Governor after

3 adoption of the Annual Budget and Two-Year Financial Plan

4 required by subsection (a). If the Authority fails to file a

5 statement certifying publication of the data, then the

6 appropriations to the Department of Transportation for grants

7 to the Authority intended to reimburse the Service Boards for

8 providing free and reduced fares shall be withheld.

9   (b-5) For fiscal years 2024 and 2025, the Service Boards

10 must publish a monthly comprehensive set of data regarding

11 transit service and safety. The data included shall include

12 information to track operations including:

13       (1) staffing levels, including numbers of budgeted

14  positions, current positions employed, hired staff,

15  attrition, staff in training, and absenteeism rates;

16       (2) scheduled service and delivered service, including

17  percentage of scheduled service delivered by day, service

18  by mode of transportation, service by route and rail line,

19  total number of revenue miles driven, excess wait times by

20  day, by mode of transportation, by bus route, and by stop;

21  and

22       (3) safety on the system, including the number of

23  incidents of crime and code of conduct violations on

24  system, any performance measures used to evaluate the

25  effectiveness of investments in private security, safety

26  equipment, and other security investments in the system.
   HB1437 Enrolled        - 127 - LRB104 08139 SPS 18185 b

1  If no performance measures exist to evaluate the

2  effectiveness of these safety investments, the Service

3  Boards and Authority shall develop and publish these

4  performance measures.

5  The Authority and Service Boards shall solicit input and

6 ideas on publishing data on the service reliability,

7 operations, and safety of the system from the public and

8 groups representing transit riders, workers, and businesses.

9  (c) The actual administrative expenses of the Authority

10 for the fiscal year commencing January 1, 1985 may not exceed

11 $5,000,000. The actual administrative expenses of the

12 Authority for the fiscal year commencing January 1, 1986, and

13 for each fiscal year thereafter shall not exceed the maximum

14 administrative expenses for the previous fiscal year plus 5%.

15 "Administrative expenses" are defined for purposes of this

16 Section as all expenses except: (1) capital expenses and

17 purchases of the Authority on behalf of the Service Boards;

18 (2) payments to Service Boards; and (3) payment of principal

19 and interest on bonds, notes or other evidence of obligation

20 for borrowed money issued by the Authority; (4) costs for

21 passenger security including grants, contracts, personnel,

22 equipment and administrative expenses; (5) payments with

23 respect to public transportation facilities made pursuant to

24 subsection (b) of Section 2.20 of this Act; and (6) any

25 payments with respect to rate protection contracts, credit

26 enhancements or liquidity agreements made pursuant to Section
   HB1437 Enrolled  - 128 - LRB104 08139 SPS 18185 b

1 4.14.

2  (d) This subsection applies only until the Department

3 begins administering and enforcing an increased tax under

4 Section 4.03(m) as authorized by this amendatory Act of the

5 95th General Assembly. After withholding 15% of the proceeds

6 of any tax imposed by the Authority and 15% of money received

7 by the Authority from the Regional Transportation Authority

8 Occupation and Use Tax Replacement Fund, the Board shall

9 allocate the proceeds and money remaining to the Service

10 Boards as follows: (1) an amount equal to 85% of the proceeds

11 of those taxes collected within the City of Chicago and 85% of

12 the money received by the Authority on account of transfers to

13 the Regional Transportation Authority Occupation and Use Tax

14 Replacement Fund from the County and Mass Transit District

15 Fund attributable to retail sales within the City of Chicago

16 shall be allocated to the Chicago Transit Authority; (2) an

17 amount equal to 85% of the proceeds of those taxes collected

18 within Cook County outside the City of Chicago and 85% of the

19 money received by the Authority on account of transfers to the

20 Regional Transportation Authority Occupation and Use Tax

21 Replacement Fund from the County and Mass Transit District

22 Fund attributable to retail sales within Cook County outside

23 of the city of Chicago shall be allocated 30% to the Chicago

24 Transit Authority, 55% to the Commuter Rail Board and 15% to

25 the Suburban Bus Board; and (3) an amount equal to 85% of the

26 proceeds of the taxes collected within the Counties of DuPage,
    HB1437 Enrolled  - 129 - LRB104 08139 SPS 18185 b

1 Kane, Lake, McHenry and Will shall be allocated 70% to the

2 Commuter Rail Board and 30% to the Suburban Bus Board.

3   (e) This subsection applies only until the Department

4 begins administering and enforcing an increased tax under

5 Section 4.03(m) as authorized by this amendatory Act of the

6 95th General Assembly. Moneys received by the Authority on

7 account of transfers to the Regional Transportation Authority

8 Occupation and Use Tax Replacement Fund from the State and

9 Local Sales Tax Reform Fund shall be allocated among the

10 Authority and the Service Boards as follows: 15% of such

11 moneys shall be retained by the Authority and the remaining

12 85% shall be transferred to the Service Boards as soon as may

13 be practicable after the Authority receives payment. Moneys

14 which are distributable to the Service Boards pursuant to the

15 preceding sentence shall be allocated among the Service Boards

16 on the basis of each Service Board's distribution ratio. The

17 term "distribution ratio" means, for purposes of this

18 subsection (e) of this Section 4.01, the ratio of the total

19 amount distributed to a Service Board pursuant to subsection

20 (d) of Section 4.01 for the immediately preceding calendar

21 year to the total amount distributed to all of the Service

22 Boards pursuant to subsection (d) of Section 4.01 for the

23 immediately preceding calendar year.

24  (f) To carry out its duties and responsibilities under

25 this Act, the Board shall employ staff which shall: (1)

26 propose for adoption by the Board of the Authority rules for
    HB1437 Enrolled  - 130 - LRB104 08139 SPS 18185 b

1 the Service Boards that establish (i) forms and schedules to

2 be used and information required to be provided with respect

3 to a five-year capital program, annual budgets, and two-year

4 financial plans and regular reporting of actual results

5 against adopted budgets and financial plans, (ii) financial

6 practices to be followed in the budgeting and expenditure of

7 public funds, (iii) assumptions and projections that must be

8 followed in preparing and submitting its annual budget and

9 two-year financial plan or a five-year capital program; (2)

10 evaluate for the Board public transportation programs operated

11 or proposed by the Service Boards and transportation agencies

12 in terms of the goals and objectives set out in the Strategic

13 Plan; (3) keep the Board and the public informed of the extent

14 to which the Service Boards and transportation agencies are

15 meeting the goals and objectives adopted by the Authority in

16 the Strategic Plan; and (4) assess the efficiency or adequacy

17 of public transportation services provided by a Service Board

18 and make recommendations for change in that service to the end

19 that the moneys available to the Authority may be expended in

20 the most economical manner possible with the least possible

21 duplication.

22  (g) All Service Boards, transportation agencies,

23 comprehensive planning agencies, including the Chicago

24 Metropolitan Agency for Planning, or transportation planning

25 agencies in the metropolitan region shall furnish to the

26 Authority such information pertaining to public transportation
    HB1437 Enrolled        - 131 - LRB104 08139 SPS 18185 b

1 or relevant for plans therefor as it may from time to time

2 require. The Executive Director, or his or her designee,

3 shall, for the purpose of securing any such information

4 necessary or appropriate to carry out any of the powers and

5 responsibilities of the Authority under this Act, have access

6 to, and the right to examine, all books, documents, papers or

7 records of a Service Board or any transportation agency

8 receiving funds from the Authority or Service Board, and such

9 Service Board or transportation agency shall comply with any

10 request by the Executive Director, or his or her designee,

11 within 30 days or an extended time provided by the Executive

12 Director.

13  (h) No Service Board shall undertake any capital

14 improvement which is not identified in the Five-Year Capital

15 Program.

16  (i) Each Service Board shall furnish to the Board access

17 to its financial information including, but not limited to,

18 audits and reports. The Board shall have real-time access to

19 the financial information of the Service Boards; however, the

20 Board shall be granted read-only access to the Service Board's

21 financial information.

22 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)

23  (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)

24  Sec. 4.09. Public Transportation Fund and the Regional

25 Transportation Authority Occupation and Use Tax Replacement
   HB1437 Enrolled  - 132 - LRB104 08139 SPS 18185 b

1 Fund.

2  (a)(1) Except as otherwise provided in paragraph (4), as

3 soon as possible after the first day of each month, beginning

4 July 1, 1984, upon certification of the Department of Revenue,

5 the Comptroller shall order transferred and the Treasurer

6 shall transfer from the General Revenue Fund to a special fund

7 in the State Treasury to be known as the Public Transportation

8 Fund an amount equal to 25% of the net revenue, before the

9 deduction of the serviceman and retailer discounts pursuant to

10 Section 9 of the Service Occupation Tax Act and Section 3 of

11 the Retailers' Occupation Tax Act, realized from any tax

12 imposed by the Authority pursuant to Sections 4.03 and 4.03.1

13 and 25% of the amounts deposited into the Regional

14 Transportation Authority tax fund created by Section 4.03 of

15 this Act, from the County and Mass Transit District Fund as

16 provided in Section 6z-20 of the State Finance Act and 25% of

17 the amounts deposited into the Regional Transportation

18 Authority Occupation and Use Tax Replacement Fund from the

19 State and Local Sales Tax Reform Fund as provided in Section

20 6z-17 of the State Finance Act. On the first day of the month

21 following the date that the Department receives revenues from

22 increased taxes under Section 4.03(m) as authorized by Public

23 Act 95-708, in lieu of the transfers authorized in the

24 preceding sentence, upon certification of the Department of

25 Revenue, the Comptroller shall order transferred and the

26 Treasurer shall transfer from the General Revenue Fund to the
HB1437 Enrolled  - 133 - LRB104 08139 SPS 18185 b

 1 Public Transportation Fund an amount equal to 25% of the net
 2 revenue, before the deduction of the serviceman and retailer
 3 discounts pursuant to Section 9 of the Service Occupation Tax
 4 Act and Section 3 of the Retailers' Occupation Tax Act,
 5 realized from (i) 80% of the proceeds of any tax imposed by the
 6 Authority at a rate of 1.25% in Cook County, (ii) 75% of the
 7 proceeds of any tax imposed by the Authority at the rate of 1%
 8 in Cook County, and (iii) one-third of the proceeds of any tax
 9 imposed by the Authority at the rate of 0.75% in the Counties
10 of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
11 Section 4.03, and 25% of the net revenue realized from any tax
12 imposed by the Authority pursuant to Section 4.03.1, and 25%
13 of the amounts deposited into the Regional Transportation
14 Authority tax fund created by Section 4.03 of this Act from the
15 County and Mass Transit District Fund as provided in Section
16 6z-20 of the State Finance Act, and 25% of the amounts
17 deposited into the Regional Transportation Authority
18 Occupation and Use Tax Replacement Fund from the State and
19 Local Sales Tax Reform Fund as provided in Section 6z-17 of the
20 State Finance Act. As used in this Section, net revenue
21 realized for a month shall be the revenue collected by the
22 State pursuant to Sections 4.03 and 4.03.1 during the previous
23 month from within the metropolitan region, less the amount
24 paid out during that same month as refunds to taxpayers for
25 overpayment of liability in the metropolitan region under
26 Sections 4.03 and 4.03.1.
   HB1437 Enrolled  - 134 - LRB104 08139 SPS 18185 b

1  Notwithstanding any provision of law to the contrary,

2 beginning on July 6, 2017 (the effective date of Public Act

3 100-23), those amounts required under this paragraph (1) of

4 subsection (a) to be transferred by the Treasurer into the

5 Public Transportation Fund from the General Revenue Fund shall

6 be directly deposited into the Public Transportation Fund as

7 the revenues are realized from the taxes indicated.

8  (2) Except as otherwise provided in paragraph (4), on

9 February 1, 2009 (the first day of the month following the

10 effective date of Public Act 95-708) and each month

11 thereafter, upon certification by the Department of Revenue,

12 the Comptroller shall order transferred and the Treasurer

13 shall transfer from the General Revenue Fund to the Public

14 Transportation Fund an amount equal to 5% of the net revenue,

15 before the deduction of the serviceman and retailer discounts

16 pursuant to Section 9 of the Service Occupation Tax Act and

17 Section 3 of the Retailers' Occupation Tax Act, realized from

18 any tax imposed by the Authority pursuant to Sections 4.03 and

19 4.03.1 and certified by the Department of Revenue under

20 Section 4.03(n) of this Act to be paid to the Authority and 5%

21 of the amounts deposited into the Regional Transportation

22 Authority tax fund created by Section 4.03 of this Act from the

23 County and Mass Transit District Fund as provided in Section

24 6z-20 of the State Finance Act, and 5% of the amounts deposited

25 into the Regional Transportation Authority Occupation and Use

26 Tax Replacement Fund from the State and Local Sales Tax Reform
    HB1437 Enrolled  - 135 - LRB104 08139 SPS 18185 b

1 Fund as provided in Section 6z-17 of the State Finance Act, and

2 5% of the revenue realized by the Chicago Transit Authority as

3 financial assistance from the City of Chicago from the

4 proceeds of any tax imposed by the City of Chicago under

5 Section 8-3-19 of the Illinois Municipal Code.

6   Notwithstanding any provision of law to the contrary,

7 beginning on July 6, 2017 (the effective date of Public Act

8 100-23), those amounts required under this paragraph (2) of

9 subsection (a) to be transferred by the Treasurer into the

10 Public Transportation Fund from the General Revenue Fund shall

11 be directly deposited into the Public Transportation Fund as

12 the revenues are realized from the taxes indicated.

13  (3) Except as otherwise provided in paragraph (4), as soon

14 as possible after the first day of January, 2009 and each month

15 thereafter, upon certification of the Department of Revenue

16 with respect to the taxes collected under Section 4.03, the

17 Comptroller shall order transferred and the Treasurer shall

18 transfer from the General Revenue Fund to the Public

19 Transportation Fund an amount equal to 25% of the net revenue,

20 before the deduction of the serviceman and retailer discounts

21 pursuant to Section 9 of the Service Occupation Tax Act and

22 Section 3 of the Retailers' Occupation Tax Act, realized from

23 (i) 20% of the proceeds of any tax imposed by the Authority at

24 a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any

25 tax imposed by the Authority at the rate of 1% in Cook County,

26 and (iii) one-third of the proceeds of any tax imposed by the
    HB1437 Enrolled         - 136 - LRB104 08139 SPS 18185 b

1 Authority at the rate of 0.75% in the Counties of DuPage, Kane,

2 Lake, McHenry, and Will, all pursuant to Section 4.03, and the

3 Comptroller shall order transferred and the Treasurer shall

4 transfer from the General Revenue Fund to the Public

5 Transportation Fund (iv) an amount equal to 25% of the revenue

6 realized by the Chicago Transit Authority as financial

7 assistance from the City of Chicago from the proceeds of any

8 tax imposed by the City of Chicago under Section 8-3-19 of the

9 Illinois Municipal Code.

10  Notwithstanding any provision of law to the contrary,

11 beginning on July 6, 2017 (the effective date of Public Act

12 100-23), those amounts required under this paragraph (3) of

13 subsection (a) to be transferred by the Treasurer into the

14 Public Transportation Fund from the General Revenue Fund shall

15 be directly deposited into the Public Transportation Fund as

16 the revenues are realized from the taxes indicated.

17  (4) Notwithstanding any provision of law to the contrary,

18 for the State fiscal year beginning July 1, 2024 and each State

19 fiscal year thereafter, the first $150,000,000 that would have

20 otherwise been transferred from the General Revenue Fund and

21 deposited into the Public Transportation Fund as provided in

22 paragraphs (1), (2), and (3) of this subsection (a) shall

23 instead be transferred from the Road Fund by the Treasurer

24 upon certification by the Department of Revenue and order of

25 the Comptroller. For the State fiscal year beginning July 1,

26 2024, only, the next $75,000,000 that would have otherwise
    HB1437 Enrolled  - 137 - LRB104 08139 SPS 18185 b

1 been transferred from the General Revenue Fund and deposited

2 into the Public Transportation Fund as provided in paragraphs

3 (1), (2), and (3) of this subsection (a) shall instead be

4 transferred from the Road Fund and deposited into the Public

5 Transportation Fund by the Treasurer upon certification by the

6 Department of Revenue and order of the Comptroller. The funds

7 authorized and transferred pursuant to this amendatory Act of

8 the 103rd General Assembly are not intended or planned for

9 road construction projects. For the State fiscal year

10 beginning July 1, 2024, only, the next $50,000,000 that would

11 have otherwise been transferred from the General Revenue Fund

12 and deposited into the Public Transportation Fund as provided

13 in paragraphs (1), (2), and (3) of this subsection (a) shall

14 instead be transferred from the Underground Storage Tank Fund

15 and deposited into the Public Transportation Fund by the

16 Treasurer upon certification by the Department of Revenue and

17 order of the Comptroller. The remaining balance shall be

18 deposited each State fiscal year as otherwise provided in

19 paragraphs (1), (2), and (3) of this subsection (a).

20  (5) (Blank).

21  (6) (Blank).

22  (7) For State fiscal year 2020 only, notwithstanding any

23 provision of law to the contrary, the total amount of revenue

24 and deposits under this Section attributable to revenues

25 realized during State fiscal year 2020 shall be reduced by 5%.

26  (8) For State fiscal year 2021 only, notwithstanding any
   HB1437 Enrolled  - 138 - LRB104 08139 SPS 18185 b

1 provision of law to the contrary, the total amount of revenue

2 and deposits under this Section attributable to revenues

3 realized during State fiscal year 2021 shall be reduced by 5%.

4  (b)(1) All moneys deposited in the Public Transportation

5 Fund and the Regional Transportation Authority Occupation and

6 Use Tax Replacement Fund, whether deposited pursuant to this

7 Section or otherwise, are allocated to the Authority, except

8 for amounts appropriated to the Office of the Executive

9 Inspector General as authorized by subsection (h) of Section

10 4.03.3 and amounts transferred to the Audit Expense Fund

11 pursuant to Section 6z-27 of the State Finance Act. The

12 Comptroller, as soon as possible after each monthly transfer

13 provided in this Section and after each deposit into the

14 Public Transportation Fund, shall order the Treasurer to pay

15 to the Authority out of the Public Transportation Fund the

16 amount so transferred or deposited. Any Additional State

17 Assistance and Additional Financial Assistance paid to the

18 Authority under this Section shall be expended by the

19 Authority for its purposes as provided in this Act. The

20 balance of the amounts paid to the Authority from the Public

21 Transportation Fund shall be expended by the Authority as

22 provided in Section 4.03.3. The Comptroller, as soon as

23 possible after each deposit into the Regional Transportation

24 Authority Occupation and Use Tax Replacement Fund provided in

25 this Section and Section 6z-17 of the State Finance Act, shall

26 order the Treasurer to pay to the Authority out of the Regional
    HB1437 Enrolled  - 139 - LRB104 08139 SPS 18185 b

1 Transportation Authority Occupation and Use Tax Replacement

2 Fund the amount so deposited. Such amounts paid to the

3 Authority may be expended by it for its purposes as provided in

4 this Act. The provisions directing the distributions from the

5 Public Transportation Fund and the Regional Transportation

6 Authority Occupation and Use Tax Replacement Fund provided for

7 in this Section shall constitute an irrevocable and continuing

8 appropriation of all amounts as provided herein. The State

9 Treasurer and State Comptroller are hereby authorized and

10 directed to make distributions as provided in this Section.

11 (2) Provided, however, no moneys deposited under subsection

12 (a) of this Section shall be paid from the Public

13 Transportation Fund to the Authority or its assignee for any

14 fiscal year until the Authority has certified to the Governor,

15 the Comptroller, and the Mayor of the City of Chicago that it

16 has adopted for that fiscal year an Annual Budget and Two-Year

17 Financial Plan meeting the requirements in Section 4.01(b).

18  (c) In recognition of the efforts of the Authority to

19 enhance the mass transportation facilities under its control,

20 the State shall provide financial assistance ("Additional

21 State Assistance") in excess of the amounts transferred to the

22 Authority from the General Revenue Fund under subsection (a)

23 of this Section. Additional State Assistance shall be

24 calculated as provided in subsection (d), but shall in no

25 event exceed the following specified amounts with respect to

26 the following State fiscal years:
    HB1437 Enrolled  - 140 - LRB104 08139 SPS 18185 b

1   1990             $5,000,000;

2   1991             $5,000,000;

3   1992             $10,000,000;

4   1993             $10,000,000;

5   1994             $20,000,000;

6   1995             $30,000,000;

7   1996             $40,000,000;

8   1997             $50,000,000;

9   1998             $55,000,000; and

10  each year thereafter $55,000,000.

11  (c-5) The State shall provide financial assistance

12 ("Additional Financial Assistance") in addition to the

13 Additional State Assistance provided by subsection (c) and the

14 amounts transferred to the Authority from the General Revenue

15 Fund under subsection (a) of this Section. Additional

16 Financial Assistance provided by this subsection shall be

17 calculated as provided in subsection (d), but shall in no

18 event exceed the following specified amounts with respect to

19 the following State fiscal years:

20  2000             $0;

21  2001             $16,000,000;

22  2002             $35,000,000;

23  2003             $54,000,000;

24  2004             $73,000,000;

25  2005             $93,000,000; and

26  each year thereafter $100,000,000.
    HB1437 Enrolled     - 141 - LRB104 08139 SPS 18185 b

1   (d) Beginning with State fiscal year 1990 and continuing

2 for each State fiscal year thereafter, the Authority shall

3 annually certify to the State Comptroller and State Treasurer,

4 separately with respect to each of subdivisions (g)(2) and

5 (g)(3) of Section 4.04 of this Act, the following amounts:

6   (1) The amount necessary and required, during the

7   State fiscal year with respect to which the certification

8   is made, to pay its obligations for debt service on all

9   outstanding bonds or notes issued by the Authority under

10  subdivisions (g)(2) and (g)(3) of Section 4.04 of this

11  Act.

12  (2) An estimate of the amount necessary and required

13  to pay its obligations for debt service for any bonds or

14  notes which the Authority anticipates it will issue under

15  subdivisions (g)(2) and (g)(3) of Section 4.04 during that

16  State fiscal year.

17  (3) Its debt service savings during the preceding

18  State fiscal year from refunding or advance refunding of

19  bonds or notes issued under subdivisions (g)(2) and (g)(3)

20  of Section 4.04.

21  (4) The amount of interest, if any, earned by the

22  Authority during the previous State fiscal year on the

23  proceeds of bonds or notes issued pursuant to subdivisions

24  (g)(2) and (g)(3) of Section 4.04, other than refunding or

25  advance refunding bonds or notes.

26  The certification shall include a specific schedule of
    HB1437 Enrolled  - 142 - LRB104 08139 SPS 18185 b

1 debt service payments, including the date and amount of each

2 payment for all outstanding bonds or notes and an estimated

3 schedule of anticipated debt service for all bonds and notes

4 it intends to issue, if any, during that State fiscal year,

5 including the estimated date and estimated amount of each

6 payment.

7   Immediately upon the issuance of bonds for which an

8 estimated schedule of debt service payments was prepared, the

9 Authority shall file an amended certification with respect to

10 item (2) above, to specify the actual schedule of debt service

11 payments, including the date and amount of each payment, for

12 the remainder of the State fiscal year.

13  On the first day of each month of the State fiscal year in

14 which there are bonds outstanding with respect to which the

15 certification is made, the State Comptroller shall order

16 transferred and the State Treasurer shall transfer from the

17 Road Fund to the Public Transportation Fund the Additional

18 State Assistance and Additional Financial Assistance in an

19 amount equal to the aggregate of (i) one-twelfth of the sum of

20 the amounts certified under items (1) and (3) above less the

21 amount certified under item (4) above, plus (ii) the amount

22 required to pay debt service on bonds and notes issued during

23 the fiscal year, if any, divided by the number of months

24 remaining in the fiscal year after the date of issuance, or

25 some smaller portion as may be necessary under subsection (c)

26 or (c-5) of this Section for the relevant State fiscal year,
    HB1437 Enrolled   - 143 - LRB104 08139 SPS 18185 b

1 plus (iii) any cumulative deficiencies in transfers for prior

2 months, until an amount equal to the sum of the amounts

3 certified under items (1) and (3) above, plus the actual debt

4 service certified under item (2) above, less the amount

5 certified under item (4) above, has been transferred; except

6 that these transfers are subject to the following limits:

7   (A) In no event shall the total transfers in any State

8   fiscal year relating to outstanding bonds and notes issued

9   by the Authority under subdivision (g)(2) of Section 4.04

10  exceed the lesser of the annual maximum amount specified

11  in subsection (c) or the sum of the amounts certified

12  under items (1) and (3) above, plus the actual debt

13  service certified under item (2) above, less the amount

14  certified under item (4) above, with respect to those

15  bonds and notes.

16  (B) In no event shall the total transfers in any State

17  fiscal year relating to outstanding bonds and notes issued

18  by the Authority under subdivision (g)(3) of Section 4.04

19  exceed the lesser of the annual maximum amount specified

20  in subsection (c-5) or the sum of the amounts certified

21  under items (1) and (3) above, plus the actual debt

22  service certified under item (2) above, less the amount

23  certified under item (4) above, with respect to those

24  bonds and notes.

25  The term "outstanding" does not include bonds or notes for

26 which refunding or advance refunding bonds or notes have been
    HB1437 Enrolled            - 144 - LRB104 08139 SPS 18185 b

1 issued.

2   (e) Neither Additional State Assistance nor Additional

3 Financial Assistance may be pledged, either directly or

4 indirectly as general revenues of the Authority, as security

5 for any bonds issued by the Authority. The Authority may not

6 assign its right to receive Additional State Assistance or

7 Additional Financial Assistance, or direct payment of

8 Additional State Assistance or Additional Financial

9 Assistance, to a trustee or any other entity for the payment of

10 debt service on its bonds.

11  (f) The certification required under subsection (d) with

12 respect to outstanding bonds and notes of the Authority shall

13 be filed as early as practicable before the beginning of the

14 State fiscal year to which it relates. The certification shall

15 be revised as may be necessary to accurately state the debt

16 service requirements of the Authority.

17  (g) Within 6 months of the end of each fiscal year, the

18 Authority shall determine:

19         (i) whether the aggregate of all system generated

20  revenues for public transportation in the metropolitan

21  region which is provided by, or under grant or purchase of

22  service contracts with, the Service Boards equals 50% of

23  the aggregate of all costs of providing such public

24  transportation. "System generated revenues" include all

25  the proceeds of fares and charges for services provided,

26  contributions received in connection with public
    HB1437 Enrolled  - 145 - LRB104 08139 SPS 18185 b

1   transportation from units of local government other than

2   the Authority, except for contributions received by the

3   Chicago Transit Authority from a real estate transfer tax

4   imposed under subsection (i) of Section 8-3-19 of the

5   Illinois Municipal Code, and from the State pursuant to

6   subsection (i) of Section 2705-305 of the Department of

7   Transportation Law, and all other revenues properly

8   included consistent with generally accepted accounting

9   principles but may not include: the proceeds from any

10  borrowing, and, beginning with the 2007 fiscal year, all

11  revenues and receipts, including but not limited to fares

12  and grants received from the federal, State or any unit of

13  local government or other entity, derived from providing

14  ADA paratransit service pursuant to Section 2.30 of the

15  Regional Transportation Authority Act. "Costs" include all

16  items properly included as operating costs consistent with

17  generally accepted accounting principles, including

18  administrative costs, but do not include: depreciation;

19  payment of principal and interest on bonds, notes or other

20  evidences of obligations for borrowed money of the

21  Authority; payments with respect to public transportation

22  facilities made pursuant to subsection (b) of Section

23  2.20; any payments with respect to rate protection

24  contracts, credit enhancements or liquidity agreements

25  made under Section 4.14; any other cost as to which it is

26  reasonably expected that a cash expenditure will not be
    HB1437 Enrolled  - 146 - LRB104 08139 SPS 18185 b

1   made; costs for passenger security including grants,

2   contracts, personnel, equipment and administrative

3   expenses, except in the case of the Chicago Transit

4   Authority, in which case the term does not include costs

5   spent annually by that entity for protection against crime

6   as required by Section 27a of the Metropolitan Transit

7   Authority Act; the costs of Debt Service paid by the

8   Chicago Transit Authority, as defined in Section 12c of

9   the Metropolitan Transit Authority Act, or bonds or notes

10  issued pursuant to that Section; the payment by the

11  Commuter Rail Division of debt service on bonds issued

12  pursuant to Section 3B.09; expenses incurred by the

13  Suburban Bus Division for the cost of new public

14  transportation services funded from grants pursuant to

15  Section 2.01e of this Act for a period of 2 years from the

16  date of initiation of each such service; costs as exempted

17  by the Board for projects pursuant to Section 2.09 of this

18  Act; or, beginning with the 2007 fiscal year, expenses

19  related to providing ADA paratransit service pursuant to

20  Section 2.30 of the Regional Transportation Authority Act;

21  or in fiscal years 2008 through 2012 inclusive, costs in

22  the amount of $200,000,000 in fiscal year 2008, reducing

23  by $40,000,000 in each fiscal year thereafter until this

24  exemption is eliminated. If said system generated revenues

25  are less than 50% of said costs, the Board shall remit an

26  amount equal to the amount of the deficit to the State;
    HB1437 Enrolled        - 147 - LRB104 08139 SPS 18185 b

1   however, due to the fiscal impacts from the COVID-19

2   pandemic, for fiscal years 2021, 2022, 2023, 2024, and

3   2025, and 2026, no such payment shall be required. The

4   Treasurer shall deposit any such payment in the Road Fund;

5   and

6        (ii) whether, beginning with the 2007 fiscal year, the

7   aggregate of all fares charged and received for ADA

8   paratransit services equals the system generated ADA

9   paratransit services revenue recovery ratio percentage of

10  the aggregate of all costs of providing such ADA

11  paratransit services.

12  (h) If the Authority makes any payment to the State under

13 paragraph (g), the Authority shall reduce the amount provided

14 to a Service Board from funds transferred under paragraph (a)

15 in proportion to the amount by which that Service Board failed

16 to meet its required system generated revenues recovery ratio.

17 A Service Board which is affected by a reduction in funds under

18 this paragraph shall submit to the Authority concurrently with

19 its next due quarterly report a revised budget incorporating

20 the reduction in funds. The revised budget must meet the

21 criteria specified in clauses (i) through (vi) of Section

22 4.11(b)(2). The Board shall review and act on the revised

23 budget as provided in Section 4.11(b)(3).

24 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24;

25 103-588, eff. 6-5-24.)
         HB1437 Enrolled     - 148 - LRB104 08139 SPS 18185 b
1                         Article 99.

2  Section 99-99. Effective date. This Act takes effect upon

3 becoming law.
Every fact on this page links to its source, starting with the official bill record.