Bill Text: IL HB1437 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Election Code, the Illinois Act on the Aging, the Children and Family Services Act, the Grocery Initiative Act, the Illinois Lottery Law, the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois, the Illinois Power Agency Act, the Illinois Health Facilities Planning Act, the Hydrogen Economy Act, the Community Land Trust Task Force Act, the Community-Based Corrections Task Force Act, the Illinois Procurement Code, the Illinois Income Tax Act, the Counties Code, and the Park Commissioners Land Sale Act. Extends various repeal and reporting dates and other provisions in those Acts, including provisions establishing a tax credit and a mechanics lien demand and referral pilot program and authorizing the sale of property in Rockford and Joliet. Amends the Statute on Statutes. Provides that, if a bill that changes or eliminates the stated repeal date of an Act or an Article or Section of an Act is passed by the General Assembly before or within 7 calendar days after the stated repeal date (rather than if a bill that changes or eliminates the stated repeal date of an Act or an Article or Section of an Act is presented to the Governor before the stated repeal date) and, after the stated repeal date, either the Governor approves the bill, the General Assembly overrides the Governor's veto of the bill, or the bill becomes law because it is not returned by the Governor within 60 calendar days after it is presented to the Governor, then the Act, Article, or Section shall be deemed to remain in full force and effect from the stated repeal date through the date the Governor approves the bill, the General Assembly overrides the Governor's veto of the bill, or the bill becomes law because it is not returned by the Governor within 60 calendar days after it is presented to the Governor. Amends the Election Code. Provides for the continuation, validation, and re-enactment of provisions of the Code concerning the Illinois Elections and Infrastructure Integrity Task Force, which were inadvertently repealed June 1, 2025. Extends the repeal date of those provisions to July 1, 2027. Amends the Criminal Code of 2012. Provides for the continuation, validation, and re-enactment of provisions of the Code concerning the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law, which were inadvertently repealed June 1, 2025. Extends the repeal date of those provisions to July 1, 2027. Amends the Eminent Domain Act. Provides for the continuation, validation, and re-enactment of provisions of the Act concerning the quick-take powers of Menard County, which were inadvertently repealed May 31, 2025. Extends the repeal date of those provisions to July 1, 2027. Amends the Election Code. Provides that, in the case of petitions for the office of multi-township assessor, petitions shall be filed with the election authority not more than 141 (currently, 113 days) nor less than 134 days before the consolidated election. Amends the Illinois Municipal Code to make conforming changes. Amends the Downstate Forest Preserve District Act to correct an error. Amends the Park District Code. Provides that, if a district board's membership has been expanded or reduced by referendum or resolution, the additional members will be elected not earlier than 225 days (rather than 197 days) after the referendum or resolution. Amends the School Code. In the Educational Service Regions Article of the School Code, provides that, when a vacancy occurs in the office of regional superintendent of schools and more than 28 months remain in the term and the vacancy occurs at least 130 days before the next general election, appointment to fill the vacancy shall be until the next general election (rather than if more than 28 months remain in that term, the appointment shall be until the next general election). Makes changes to the effective date of Public Act 104-17. Specifies that the amendatory changes to the Prevailing Wage Act made by Public Act 104-17 take effect July 1, 2026. Amends the Metropolitan Transit Authority Act. Provides that, due to the fiscal impacts of the COVID-19 pandemic, the aggregate of all projected fare revenues from specified fares and charges received in fiscal years 2021, 2022, 2023, 2024, 2025, and 2026 (rather than 2021, 2022, 2023, 2024, and 2025) may be less than 50% of the aggregate costs of providing public transportation in those fiscal years. Provides that, due to the fiscal impacts of the COVID-19 pandemic, the aggregate of all projected fare revenues from specified fares and charges received in fiscal years 2021, 2022, 2023, 2024, 2025, and 2026 (rather than 2021, 2022, 2023, 2024, and 2025) may be less than 10% of the aggregate costs of providing ADA paratransit services in those fiscal years. Makes other changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 33)

Status: (Passed) 2025-11-21 - Public Act . . . . . . . . . 104-0434 [HB1437 Detail]

Download: Illinois-2025-HB1437-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 1.
Section 1-5. The Election Code is amended by changing
Section 1-20.1 as follows:
(10 ILCS 5/1-20.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1-20.1. Task Force to Review Eligibility to Hold
Public Office.
(a) The Task Force to Review Eligibility to Hold Public
Office is created. The purpose of the Task Force is to review
what criminal conduct precludes a person from holding public
office in this State and to make recommendations as to what
criminal conduct should preclude an individual from holding
public office.
(b) The Task Force shall be comprised of the following
members:
(1) The president of a statewide bar association or
his or her designee, the executive director of a statewide
association advocating for the advancement of civil
liberties or his or her designee, an executive director of

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

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

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

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

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

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(A) one member from a statewide organization that
advocates for older adults;
(B) one member from a national organization that
advocates for LGBTQ older adults;
(C) one member from a community-based, multi-site
healthcare organization founded to serve LGBTQ people;
(D) the director of senior services from a
community center serving LGBTQ people, or the
director's designee;
(E) one member from an HIV/AIDS service
organization;
(F) one member from an organization that is a
project incubator and think tank that is focused on
action that leads to improved outcomes and
opportunities for LGBTQ communities;
(G) one member from a labor organization that
provides care and services for older adults in
long-term care facilities;
(H) one member from a statewide association
representing long-term care facilities;
(I) 5 members from organizations that serve Black,
Asian-American, Pacific Islander, Indigenous, or
Latinx LGBTQ people;
(J) one member from a statewide organization for
people with disabilities; and
(K) 10 LGBTQ older adults, including at least:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB1437 Enrolled - 22 - LRB104 08139 SPS 18185 b
(E) Focusing on suicide prevention, youth or young
adult survivors of gun violence, and families at risk
due to domestic violence.
(F) Incorporating gun buy-back opportunities in
partnership with law enforcement, community-based
organizations, and other local stakeholders.
(3) A comprehensive evaluation to measure changes in
gun safety behaviors and the overall impact and
effectiveness of the campaign to promote safety. Metrics
to be measured include, but are not limited to, the
following:
(A) Changes in parent behavior and perception.
(B) Media campaign metrics and digital analytics.
(C) The number of people reached through each
strategy.
(D) The number of gun locks and gun safes
distributed.
(E) Changes in intentional and unintentional
firearm injury.
(c) This Section is repealed on July January 1, 2026.
(Source: P.A. 102-1067, eff. 1-1-23.)
Section 1-30. The Illinois Power Agency Act is amended by
changing Section 1-130 as follows:
(20 ILCS 3855/1-130)

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

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

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

HB1437 Enrolled - 26 - LRB104 08139 SPS 18185 b
(20 ILCS 4126/35)
(Section scheduled to be repealed on December 31, 2025)
Sec. 35. Dissolution; repeal. The Task Force is dissolved
and this Act is repealed on December 31, 2026 2025.
(Source: P.A. 103-250, eff. 6-30-23; 103-811, eff. 8-9-24.)
Section 1-50. The Community-Based Corrections Task Force
Act is amended by changing Section 20 as follows:
(20 ILCS 4134/20)
Sec. 20. Report.
(a) On or before July 1, 2026 December 31, 2025, the Task
Force shall publish a final report of its findings,
developments, and recommendations and after the publication of
its final report the Task Force shall be dissolved. The report
shall, at a minimum, detail findings and recommendations
related to the duties of the Task Force and the following:
(1) information and recommendations related to the
benefits of community-based corrections and specialty
courts; and
(2) the development and implementation of a new
community-based corrections program.
(b) The final report shall be shared with the following:
(1) the General Assembly; and
(2) the Offices of the Governor and Lieutenant

HB1437 Enrolled - 27 - LRB104 08139 SPS 18185 b
Governor.
(Source: P.A. 103-982, eff. 8-9-24.)
Section 1-52. The Illinois Procurement Code is amended by
changing Sections 1-15.93 and 30-30 as follows:
(30 ILCS 500/1-15.93)
Sec. 1-15.93. Single prime. "Single prime" means the
design-bid-build procurement delivery method for a building
construction project in which the Capital Development Board or
a public institution of higher education, as defined in
Section 1-13 of this Code, is the construction agency
procuring 2 or more subdivisions of work enumerated in
paragraphs (1) through (5) of subsection (a) of Section 30-30
of this Code under a single contract. The provisions of this
Section are inoperative for public institutions of higher
education on and after January 1, 2027 2026.
(Source: P.A. 102-671, eff. 11-30-21; 102-1119, eff. 1-23-23;
103-570, eff. 1-1-24.)
(30 ILCS 500/30-30)
Sec. 30-30. Design-bid-build construction.
(a) Except as provided in subsection (a-5), for building
construction contracts in excess of $250,000, separate
specifications may be prepared for all equipment, labor, and
materials in connection with the following 5 subdivisions of

HB1437 Enrolled - 28 - LRB104 08139 SPS 18185 b
the work to be performed:
(1) plumbing;
(2) heating, piping, refrigeration, and automatic
temperature control systems, including the testing and
balancing of those systems;
(3) ventilating and distribution systems for
conditioned air, including the testing and balancing of
those systems;
(4) electric wiring; and
(5) general contract work.
Except as provided in subsection (a-5), the specifications
may be so drawn as to permit separate and independent bidding
upon each of the 5 subdivisions of work. All contracts awarded
for any part thereof may award the 5 subdivisions of work
separately to responsible and reliable persons, firms, or
corporations engaged in these classes of work. The contracts,
at the discretion of the construction agency, may be assigned
to the successful bidder on the general contract work or to the
successful bidder on the subdivision of work designated by the
construction agency before the bidding as the prime
subdivision of work, provided that all payments will be made
directly to the contractors for the 5 subdivisions of work
upon compliance with the conditions of the contract.
For single prime projects: (i) the bid of the successful
low bidder shall identify the name of the subcontractor, if
any, and the bid proposal costs for each of the 5 subdivisions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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(e) The Department, in consultation with the Department of
Revenue, shall adopt rules to administer this Section. The
aggregate amount of the tax credits that may be claimed under
this Section for qualified education expenses incurred by an
employer on behalf of a qualifying apprentice shall be limited
to $5,000,000 per calendar year. If applications for a greater
amount are received, credits shall be allowed on a first-come
first-served basis, based on the date on which each properly
completed application for a certificate of eligibility is
received by the Department. If more than one certificate is
received on the same day, the credits will be awarded based on
the time of submission for that particular day.
(f) An employer may not sell or otherwise transfer a
credit awarded under this Section to another person or
taxpayer.
(g) The employer shall provide the Department such
information as the Department may require, including, but not
limited to: (i) the name, age, and identification number of
each qualifying apprentice employed by the taxpayer during the
taxable year; (ii) the amount of qualified education expenses
incurred with respect to each qualifying apprentice; and (iii)
the name of the accredited training organization at which the
qualifying apprentice is enrolled and the qualified education
expenses are incurred.
(h) On or before July 1 of each year, the Department shall
report to the Governor and the General Assembly on the tax

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

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

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

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general circulation in the county and, if feasible, be posted
on the recorder's website and at the recorder's office or
offices.
(d) Notice of Expired Lien. If a recorder determines,
after review by legal staff or counsel, that a mechanics lien
recorded in the grantor's index or the grantee's index is an
expired lien, the recorder shall serve a Notice of Expired
Lien by certified mail to the last known address of the owner.
The owner or legal representative of the owner of the
residential property shall confirm in writing the owner's or
legal representative's belief that the lien is not involved in
pending litigation and, if there is no pending litigation, as
verified and confirmed by county court records, the owner may
request that the recorder proceed with a referral or serve a
Demand to Commence Suit.
For the purposes of this Section, a recorder shall
determine if a lien is an expired lien. A lien is expired if a
suit to enforce the lien has not been commenced or a
counterclaim has not been filed by the lienholder within 2
years after the completion date of the contract as specified
in the recorded mechanics lien. The 2-year period shall be
increased to the extent that an automatic stay under Section
362(a) of the United States Bankruptcy Code stays a suit or
counterclaim to foreclose the lien. If a work completion date
is not specified in the recorded lien, then the work
completion date is the date of recording of the mechanics

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

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

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

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

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

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

HB1437 Enrolled - 59 - LRB104 08139 SPS 18185 b
a county's code hearing unit must adjudicate an expired
mechanics lien referred to the unit under Section 3-5010.8.
(b) If a county does not have an administrative law judge
in its code hearing unit who is familiar with the areas of law
relating to mechanics liens, one may be appointed no later
than 3 months after the effective date of this amendatory Act
of the 100th General Assembly to adjudicate all referrals
concerning mechanics liens under Section 3-5010.8.
(c) If an administrative law judge familiar with the areas
of law relating to mechanics liens has not been appointed as
provided in subsection (b) when a mechanics lien is referred
under Section 3-5010.8 to the code hearing unit, the case
shall be removed to the proper circuit court with
jurisdiction.
(d) This Section is repealed on January 1, 2027 January 1,
2026.
(Source: P.A. 102-671, eff. 11-30-21; 103-563, eff. 11-17-23.)
Section 1-65. The Park Commissioners Land Sale Act is
amended by changing Sections 20 and 25 as follows:
(70 ILCS 1235/20)
(Section scheduled to be repealed on January 1, 2026)
Sec. 20. Elliot Golf Course.
(a) Notwithstanding any other provision of law, the
Rockford Park District may sell all or part of the property

HB1437 Enrolled - 60 - LRB104 08139 SPS 18185 b
containing the former Elliot Golf Course or other property
adjacent thereto if:
(1) the board of commissioners of the Rockford Park
District authorizes the sale by a vote of 80% or more of
all commissioners in office at the time of the vote; and
(2) the sale price equals or exceeds the average of 3
independent appraisals commissioned by the Rockford Park
District.
(b) The sale may be performed in a single transaction or
multiple independent transactions and to one or more buyers.
(c) The Public Works Department of the City of Rockford
shall have the right to review any proposed development plan
that is submitted to the Village of Cherry Valley for the
properties described in this Section in order to confirm that
the proposed development plan does not adversely impact
drainage, water detention, or flooding on the property legally
described in the perpetual flowage easement recorded as
Document Number 9509260 in the Office of the Winnebago County
Recorder on March 17, 1995. The Public Works Department of the
City of Rockford shall complete its review of any proposed
development plan under this subsection (c) within 45 days
after its receipt of that plan from the Village of Cherry
Valley.
(d) This Section is repealed January 1, 2027 January 1,
2026.
(Source: P.A. 102-923, eff. 5-27-22; 103-1059, eff. 12-20-24.)

HB1437 Enrolled - 61 - LRB104 08139 SPS 18185 b
(70 ILCS 1235/25)
(Section scheduled to be repealed on January 1, 2026)
Sec. 25. Sale of Joliet Park District land.
(a) Notwithstanding any other provision of law, the Joliet
Park District may sell Splash Station if:
(1) the board of commissioners of the Joliet Park
District authorizes the sale by a four-fifths vote of the
commissioners in office at the time of the vote; and
(2) the sale price equals or exceeds the average of 3
independent appraisals commissioned by the Joliet Park
District.
(b) This Section is repealed on January 1, 2027 January 1,
2026.
(Source: P.A. 103-499, eff. 8-4-23; 104-10, eff. 6-16-25.)
Article 5.
Section 5-5. The Statute on Statutes is amended by
changing Section 9 as follows:
(5 ILCS 70/9)
Sec. 9. Stated repeal date; presentation to Governor. If a
bill that changes or eliminates the stated repeal date of an
Act or an Article or Section of an Act is passed presented to
the Governor by the General Assembly before or within 7

HB1437 Enrolled - 62 - LRB104 08139 SPS 18185 b
calendar days after the stated repeal date and, after the
stated repeal date, either the Governor approves the bill, the
General Assembly overrides the Governor's veto of the bill, or
the bill becomes law because it is not returned by the Governor
within 60 calendar days after it is presented to the Governor,
then the Act, Article, or Section shall be deemed to remain in
full force and effect from the stated repeal date through the
date the Governor approves the bill, the General Assembly
overrides the Governor's veto of the bill, or the bill becomes
law because it is not returned by the Governor within 60
calendar days after it is presented to the Governor.
Any action taken in reliance on the continuous effect of
such an Act, Article, or Section by any person or entity is
hereby validated.
(Source: P.A. 102-687, eff. 12-17-21.)
Article 10.
Section 10-5. The Election Code is amended by adding
Section 1-21.5 and by reenacting and changing Section 1-22 as
follows:
(10 ILCS 5/1-21.5 new)
Sec. 1-21.5. Continuation and validation of Illinois
Elections and Infrastructure Integrity Task Force.
(a) The General Assembly finds and declares the following:

HB1437 Enrolled - 63 - LRB104 08139 SPS 18185 b
(1) The Illinois Elections and Infrastructure
Integrity Task Force was created by Public Act 102-1108,
effective December 21, 2022, through the addition of
Section 1-22 to this Code.
(2) When it was added to this Code by Public Act
102-1108, Section 1-22 contained a subsection (d), which
provided for the dissolution of the Illinois Elections and
Infrastructure Integrity Task Force and the repeal of
Section 1-22 on June 1, 2025.
(3) Senate Bill 2456 of the 104th General Assembly
included a provision that amended Section 1-22 of the
Election Code by extending the date for the dissolution of
the Illinois Elections and Infrastructure Integrity Task
Force and the repeal of Section 1-22 from June 1, 2025 to
June 1, 2026, but Senate Bill 2456 did not become law until
June 16, 2025.
(4) The Statute on Statutes sets forth general rules
on the repeal of statutes, but Section 1 of that Act also
states that these rules will not be observed when the
result would be "inconsistent with the manifest intent of
the General Assembly or repugnant to the context of the
statute".
(5) The actions of the General Assembly in passing
Senate Bill 2456 clearly manifested the intention of the
General Assembly to extend the date for the dissolution of
the Illinois Elections and Infrastructure Integrity Task

HB1437 Enrolled - 64 - LRB104 08139 SPS 18185 b
Force and the repeal of Section 1-22.
(6) Any construction of Section 1-22 that results in
the dissolution of the Illinois Elections and
Infrastructure Integrity Task Force and the repeal of
Section 1-22 on June 1, 2025 would be inconsistent with
the manifest intent of the General Assembly.
(b) It is hereby declared to be the intent of the General
Assembly that Section 1-22 should not be subject to repeal on
June 1, 2025 and that the repeal date of the Illinois Elections
and Infrastructure Integrity Task Force and Section 1-22 of
this Code should be further extended to July 1, 2027.
(c) Section 1-22 of this Code, therefore, shall not be
subject to repeal on June 1, 2025 and, instead, shall be deemed
to have been in continuous effect since its original effective
date and shall remain in effect until it is otherwise lawfully
repealed.
(d) All actions taken in reliance on or pursuant to
Section 1-22 by any officer or agency of State government or
any other person or entity are validated.
(e) To ensure the continuing effectiveness of the Illinois
Elections and Infrastructure Integrity Task Force, Section
1-22 is set forth in full and re-enacted by this amendatory Act
of the 104th General Assembly. This re-enactment is intended
as a continuation of the Illinois Elections and Infrastructure
Integrity Task Force and Section 1-22. It is not intended to
supersede any amendment to Section 1-22 that is enacted by the

HB1437 Enrolled - 65 - LRB104 08139 SPS 18185 b
General Assembly.
(f) In this amendatory Act of the 104th General Assembly,
the base text of the reenacted Section is set forth as amended
by Public Act 104-10. Striking and underscoring is used only
to show additional changes being made to the base text.
(g) This amendatory Act of the 104th General Assembly
applies to all claims, civil actions, and proceedings pending
on or filed on, before, or after the effective date of this
amendatory Act.
(10 ILCS 5/1-22)
Sec. 1-22. The Illinois Elections and Infrastructure
Integrity Task Force.
(a) The Illinois Elections and Infrastructure Integrity
Task Force is created. The Task Force shall consist of the
following members:
(1) 4 members appointed one each by the Speaker of the
House of Representatives, the Minority Leader of the House
of Representatives, the President of the Senate, and the
Minority Leader of the Senate;
(2) one member with subject matter expertise regarding
cybersecurity, appointed by the Minority Leader of the
House of Representatives;
(3) one member with subject matter expertise regarding
voting technology or election integrity, appointed by the
Speaker of the House;

HB1437 Enrolled - 66 - LRB104 08139 SPS 18185 b
(4) one member who is an individual with current
experience in operational cybersecurity, preferably
international operational cybersecurity, appointed by the
President of the Senate;
(5) one county clerk, appointed by the Minority Leader
of the Senate;
(6) the Chair of the Board of Election Commissioners
for the City of Chicago or the Chair's designee;
(7) the county clerk of Cook County;
(8) one election administrator, appointed by the
Governor;
(9) the Executive Director of the State Board of
Elections or the Executive Director's designee;
(10) the Secretary of State or the Secretary's
designee;
(11) the Director of the Illinois Emergency Management
Agency or the Director's designee;
(12) the Secretary of Innovation and Technology or the
Secretary's designee; and
(13) the Attorney General or the Attorney General's
designee.
(b) The Task Force shall evaluate and make recommendations
to prepare for and prevent foreign interference in elections
in advance of the 2024 election and all future elections in the
State and to prepare for and prevent potential cyberattacks on
State infrastructure. In carrying out its duties, the Task

HB1437 Enrolled - 67 - LRB104 08139 SPS 18185 b
Force shall prioritize the security of all Illinois residents
and cooperation with other states and with law enforcement to
protect United States national sovereignty. The Task Force
shall submit a report containing its findings and
recommendations to the Governor and the General Assembly not
later than January 1, 2024. The Task Force shall also submit a
report evaluating the 2024 election to the Governor and the
General Assembly not later than March 1, 2027 2025.
(c) The State Board of Elections shall provide staff and
administrative support to the Task Force.
(d) The Task Force is dissolved, and this Section is
repealed, on July 1, 2027 June 1, 2026.
(Source: P.A. 102-1108, eff. 12-21-22; 104-10, eff. 6-16-25.)
Article 15.
Section 15-5. The Criminal Code of 2012 is amended by
reenacting and changing Article 33G as follows:
(720 ILCS 5/Art. 33G heading)
ARTICLE 33G. ILLINOIS STREET GANG
AND RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS LAW
(Source: P.A. 97-686, eff. 6-11-12.)
(720 ILCS 5/33G-1)
Sec. 33G-1. Short title. This Article may be cited as the

HB1437 Enrolled - 68 - LRB104 08139 SPS 18185 b
Illinois Street Gang and Racketeer Influenced and Corrupt
Organizations Law (or "RICO").
(Source: P.A. 97-686, eff. 6-11-12.)
(720 ILCS 5/33G-2)
Sec. 33G-2. Legislative declaration. The substantial harm
inflicted on the people and economy of this State by pervasive
violent street gangs and other forms of enterprise
criminality, is legitimately a matter of grave concern to the
people of this State who have a basic right to be protected
from that criminal activity and to be given adequate remedies
to redress its harms. Whereas the current laws of this State
provide inadequate remedies, procedures and punishments, the
Illinois General Assembly hereby gives the supplemental
remedies of the Illinois Street Gang and Racketeer Influenced
and Corrupt Organizations Law full force and effect under law
for the common good of this State and its people.
(Source: P.A. 97-686, eff. 6-11-12.)
(720 ILCS 5/33G-3)
Sec. 33G-3. Definitions. As used in this Article:
(a) "Another state" means any State of the United States
(other than the State of Illinois), or the District of
Columbia, or the Commonwealth of Puerto Rico, or any territory
or possession of the United States, or any political
subdivision, or any department, agency, or instrumentality

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

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

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

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

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

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

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

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

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

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

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

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

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

HB1437 Enrolled - 82 - LRB104 08139 SPS 18185 b
Article 33G of this Code.
(6) Any construction of Section 33G-9 that results in
the repeal of Article 33G of this Code on June 1, 2025
would be inconsistent with the manifest intent of the
General Assembly.
(b) It is hereby declared to be the intent of the General
Assembly that Article 33G of this Code should not be subject to
repeal on June 1, 2025 and that the repeal date of Article 33G
of this Code should be further extended to July 1, 2027.
(c) Article 33G, therefore, shall not be subject to repeal
on June 1, 2025 and, instead, shall be deemed to have been in
continuous effect since its original effective date and shall
remain in effect until it is otherwise lawfully repealed.
(d) All actions taken in reliance on or pursuant to
Article 33G by any officer or agency of State government or any
other person or entity are validated.
(e) To ensure the continuing effectiveness of Article 33G
of this Code, Article 33G is set forth in full and re-enacted
by this amendatory Act of the 104th General Assembly. This
re-enactment is intended as a continuation of Article 33G. It
is not intended to supersede any amendment to Article 33G that
is enacted by the General Assembly.
(f) In this amendatory Act of the 104th General Assembly,
the base text of the reenacted Section is set forth as amended
by Public Act 104-10. Striking and underscoring is used only
to show additional changes being made to the base text.

HB1437 Enrolled - 83 - LRB104 08139 SPS 18185 b
(g) This amendatory Act of the 104th General Assembly
applies to all claims, civil actions, and proceedings pending
on or filed on, before, or after the effective date of this
amendatory Act.
Article 20.
Section 20-5. The Eminent Domain Act is amended by adding
Section 25-5-104.5 and by reenacting and changing Section
25-5-105 as follows:
(735 ILCS 30/25-5-104.5 new)
Sec. 25-5-104.5. Continuation and validation of quick-take
powers; Menard County; Athens Blacktop.
(a) The General Assembly finds and declares the following:
(1) When Section 25-5-105 was added to this Act by
Public Act 103-3, it contained a provision that called for
Section 25-5-105 to be repealed May 31, 2023, which was 2
years after the effective date of Public Act 103-3.
(2) As a result of the enactment of Public Act
103-605, the repeal date of Section 25-5-105 was extended
to May 31, 2025.
(3) Senate Bill 2456 of the 104th General Assembly
included a provision that further extended the repeal date
of Section 25-5-105 from May 31, 2025 to May 31, 2026, but
Senate Bill 2456 did not become law until June 16, 2025.

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

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

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

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

HB1437 Enrolled - 88 - LRB104 08139 SPS 18185 b
thence North 89 degrees 42 minutes 06 seconds East along
said line, 269.92 feet to the point of beginning,
containing 0.137 acres, more or less of new right of way
and 0.303 acres, more or less of existing right of way.
(b) This Section is repealed July 1, 2027 May 31, 2026 (3
years after the effective date of Public Act 103-3).
(Source: P.A. 103-3, eff. 5-31-23; 103-605, eff. 7-1-24;
104-10, eff. 6-16-25)
Article 25.
Section 25-5. The Election Code is amended by changing
Section 10-6 as follows:
(10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
Sec. 10-6. Time and manner of filing. Except as otherwise
provided in this Code, certificates of nomination and
nomination papers for the nomination of candidates for offices
to be filled by electors of the entire State, or any district
not entirely within a county, or for congressional, state
legislative or judicial offices, shall be presented to the
principal office of the State Board of Elections not more than
169 nor less than 162 days previous to the day of election for
which the candidates are nominated. The State Board of
Elections shall endorse the certificates of nomination or
nomination papers, as the case may be, and the date and hour of

HB1437 Enrolled - 89 - LRB104 08139 SPS 18185 b
presentment to it. Except as otherwise provided in this Code,
all other certificates for the nomination of candidates shall
be filed with the county clerk of the respective counties not
more than 169 but at least 162 days previous to the day of such
election. Certificates of nomination and nomination papers for
the nomination of candidates for school district offices to be
filled at consolidated elections shall be filed with the
county clerk or county board of election commissioners of the
county in which the principal office of the school district is
located not more than 141 nor less than 134 days before the
consolidated election. Except as otherwise provided in this
Code, certificates of nomination and nomination papers for the
nomination of candidates for the other offices of political
subdivisions to be filled at regular elections other than the
general election shall be filed with the local election
official of such subdivision:
(1) (blank);
(2) not more than 141 nor less than 134 days prior to
the consolidated election; or
(3) not more than 141 nor less than 134 days prior to
the general primary in the case of municipal offices to be
filled at the general primary election; or
(4) not more than 127 nor less than 120 days before the
consolidated primary in the case of municipal offices to
be elected on a nonpartisan basis pursuant to law
(including, without limitation, those municipal offices

HB1437 Enrolled - 90 - LRB104 08139 SPS 18185 b
subject to Articles 4 and 5 of the Municipal Code); or
(5) not more than 141 nor less than 134 days before the
municipal primary in even numbered years for such
nonpartisan municipal offices where annual elections are
provided; or
(6) in the case of petitions for the office of
multi-township assessor, such petitions shall be filed
with the election authority not more than 141 113 nor less
than 134 days before the consolidated election.
However, where a political subdivision's boundaries are
co-extensive with or are entirely within the jurisdiction of a
municipal board of election commissioners, the certificates of
nomination and nomination papers for candidates for such
political subdivision offices shall be filed in the office of
such Board.
(Source: P.A. 102-15, eff. 6-17-21; 103-600, eff. 7-1-24.)
Section 25-10. The Illinois Municipal Code is amended by
changing Section 3.1-10-50 as follows:
(65 ILCS 5/3.1-10-50)
Sec. 3.1-10-50. Events upon which an elective office
becomes vacant in municipality with population under 500,000.
(a) Vacancy by resignation. A resignation is not effective
unless it is in writing, signed by the person holding the
elective office, and notarized.

HB1437 Enrolled - 91 - LRB104 08139 SPS 18185 b
(1) Unconditional resignation. An unconditional
resignation by a person holding the elective office may
specify a future date, not later than 60 days after the
date the resignation is received by the officer authorized
to fill the vacancy, at which time it becomes operative,
but the resignation may not be withdrawn after it is
received by the officer authorized to fill the vacancy.
The effective date of a resignation that does not specify
a future date at which it becomes operative is the date the
resignation is received by the officer authorized to fill
the vacancy. The effective date of a resignation that has
a specified future effective date is that specified future
date or the date the resignation is received by the
officer authorized to fill the vacancy, whichever date
occurs later.
(2) Conditional resignation. A resignation that does
not become effective unless a specified event occurs can
be withdrawn at any time prior to the occurrence of the
specified event, but if not withdrawn, the effective date
of the resignation is the date of the occurrence of the
specified event or the date the resignation is received by
the officer authorized to fill the vacancy, whichever date
occurs later.
(3) Vacancy upon the effective date. For the purpose
of determining the time period that would require an
election to fill the vacancy by resignation or the

HB1437 Enrolled - 92 - LRB104 08139 SPS 18185 b
commencement of the 60-day time period referred to in
subsection (e), the resignation of an elected officer is
deemed to have created a vacancy as of the effective date
of the resignation.
(4) Duty of the clerk. If a resignation is delivered
to the clerk of the municipality, the clerk shall forward
a certified copy of the written resignation to the
official who is authorized to fill the vacancy within 7
business days after receipt of the resignation.
(b) Vacancy by death or disability. A vacancy occurs in an
office by reason of the death of the incumbent. The date of the
death may be established by the date shown on the death
certificate. A vacancy occurs in an office by permanent
physical or mental disability rendering the person incapable
of performing the duties of the office. The corporate
authorities have the authority to make the determination
whether an officer is incapable of performing the duties of
the office because of a permanent physical or mental
disability. A finding of mental disability shall not be made
prior to the appointment by a court of a guardian ad litem for
the officer or until a duly licensed doctor certifies, in
writing, that the officer is mentally impaired to the extent
that the officer is unable to effectively perform the duties
of the office. If the corporate authorities find that an
officer is incapable of performing the duties of the office
due to permanent physical or mental disability, that person is

HB1437 Enrolled - 93 - LRB104 08139 SPS 18185 b
removed from the office and the vacancy of the office occurs on
the date of the determination.
(c) Vacancy by other causes.
(1) Abandonment and other causes. A vacancy occurs in
an office by reason of abandonment of office; removal from
office; or failure to qualify; or more than temporary
removal of residence from the municipality; or in the case
of an alderperson of a ward or councilman or trustee of a
district, more than temporary removal of residence from
the ward or district, as the case may be. The corporate
authorities have the authority to determine whether a
vacancy under this subsection has occurred. If the
corporate authorities determine that a vacancy exists, the
office is deemed vacant as of the date of that
determination for all purposes including the calculation
under subsections (e), (f), and (g).
(2) Guilty of a criminal offense. An admission of
guilt of a criminal offense that upon conviction would
disqualify the municipal officer from holding the office,
in the form of a written agreement with State or federal
prosecutors to plead guilty to a felony, bribery, perjury,
or other infamous crime under State or federal law,
constitutes a resignation from that office, effective on
the date the plea agreement is made. For purposes of this
Section, a conviction for an offense that disqualifies a
municipal officer from holding that office occurs on the

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

HB1437 Enrolled - 95 - LRB104 08139 SPS 18185 b
the duties of the municipal clerk required under this
paragraph (4).
(B) In the event that the municipal official
chooses to contest the debt, a hearing shall be held
within 30 days of the municipal clerk's receipt of the
written notice of contest from the municipal official.
An appointed municipal hearing officer shall preside
over the hearing, and shall hear testimony and accept
evidence relevant to the existence of the debt owed by
the municipal officer to the municipality.
(C) Upon the conclusion of the hearing, the
hearing officer shall make a determination on the
basis of the evidence presented as to whether or not
the municipal official is in arrears of a debt to the
municipality. The determination shall be in writing
and shall be designated as findings, decision, and
order. The findings, decision, and order shall
include: (i) the hearing officer's findings of fact;
(ii) a decision of whether or not the municipal
official is in arrears of a debt to the municipality
based upon the findings of fact; and (iii) an order
that either directs the municipal official to pay the
debt within 30 days or be disqualified and his or her
office vacated or dismisses the matter if a debt owed
to the municipality is not proved. A copy of the
hearing officer's written determination shall be

HB1437 Enrolled - 96 - LRB104 08139 SPS 18185 b
served upon the municipal official in open proceedings
before the hearing officer. If the municipal official
does not appear for receipt of the written
determination, the written determination shall be
deemed to have been served on the municipal official
on the date when a copy of the written determination is
personally served on the municipal official or on the
date when a copy of the written determination is
deposited in the United States mail, postage prepaid,
addressed to the municipal official at the address on
record with the municipality.
(D) A municipal official aggrieved by the
determination of a hearing officer may secure judicial
review of such determination in the circuit court of
the county in which the hearing was held. The
municipal official seeking judicial review must file a
petition with the clerk of the court and must serve a
copy of the petition upon the municipality by
registered or certified mail within 5 days after
service of the determination of the hearing officer.
The petition shall contain a brief statement of the
reasons why the determination of the hearing officer
should be reversed. The municipal official shall file
proof of service with the clerk of the court. No answer
to the petition need be filed, but the municipality
shall cause the record of proceedings before the

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

HB1437 Enrolled - 98 - LRB104 08139 SPS 18185 b
(G) For purposes of this paragraph, a "debt" shall
mean an arrearage in a definitely ascertainable and
quantifiable amount after service of written notice
thereof, in the payment of any indebtedness due to the
municipality, which has been adjudicated before a
tribunal with jurisdiction over the matter. A
municipal official is considered in arrears of a debt
to a municipality if a debt is more than 30 days
overdue from the date the debt was due.
(d) Election of an acting mayor or acting president. The
election of an acting mayor or acting president pursuant to
subsection (f) or (g) does not create a vacancy in the original
office of the person on the city council or as a trustee, as
the case may be, unless the person resigns from the original
office following election as acting mayor or acting president.
If the person resigns from the original office following
election as acting mayor or acting president, then the
original office must be filled pursuant to the terms of this
Section and the acting mayor or acting president shall
exercise the powers of the mayor or president and shall vote
and have veto power in the manner provided by law for a mayor
or president. If the person does not resign from the original
office following election as acting mayor or acting president,
then the acting mayor or acting president shall exercise the
powers of the mayor or president but shall be entitled to vote
only in the manner provided for as the holder of the original

HB1437 Enrolled - 99 - LRB104 08139 SPS 18185 b
office and shall not have the power to veto. If the person does
not resign from the original office following election as
acting mayor or acting president, and if that person's
original term of office has not expired when a mayor or
president is elected and has qualified for office, the acting
mayor or acting-president shall return to the original office
for the remainder of the term thereof.
(e) Appointment to fill alderperson or trustee vacancy. An
appointment by the mayor or president or acting mayor or
acting president, as the case may be, of a qualified person as
described in Section 3.1-10-5 of this Code to fill a vacancy in
the office of alderperson or trustee must be made within 60
days after the vacancy occurs. Once the appointment of the
qualified person has been forwarded to the corporate
authorities, the corporate authorities shall act upon the
appointment within 30 days. If the appointment fails to
receive the advice and consent of the corporate authorities
within 30 days, the mayor or president or acting mayor or
acting president shall appoint and forward to the corporate
authorities a second qualified person as described in Section
3.1-10-5. Once the appointment of the second qualified person
has been forwarded to the corporate authorities, the corporate
authorities shall act upon the appointment within 30 days. If
the appointment of the second qualified person also fails to
receive the advice and consent of the corporate authorities,
then the mayor or president or acting mayor or acting

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

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

HB1437 Enrolled - 102 - LRB104 08139 SPS 18185 b
consent of the city council or the board of trustees, as
the case may be.
(g) Vacancies in municipal offices with 2-year terms. In
the case of an elective municipal office with a 2-year term, if
the vacancy occurs before the period to file petitions for at
least 130 days before the general municipal election next
scheduled under the general election law, the vacancy shall be
filled for the remainder of the term at that general municipal
election. If the vacancy occurs after the period to file
petitions for less than 130 days before the general municipal
election, then:
(1) Mayor or president. If the vacancy is in the
office of mayor or president, the vacancy must be filled
by the corporate authorities electing one of their members
as acting mayor or acting president. Except as set forth
in subsection (d), the acting mayor or acting president
shall perform the duties and possess all the rights and
powers of the mayor or president until a mayor or
president is elected at the next general municipal
election and has qualified. However, in villages with a
population of less than 5,000, if each of the trustees
either declines the election as acting president or is not
elected by a majority vote of the trustees presently
holding office, then the trustees may elect, as acting
president, any other village resident who is qualified to
hold municipal office, and the acting president shall

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB1437 Enrolled - 126 - LRB104 08139 SPS 18185 b
Service Boards published the data described in subsection
(b-5) with the General Assembly and the Governor after
adoption of the Annual Budget and Two-Year Financial Plan
required by subsection (a). If the Authority fails to file a
statement certifying publication of the data, then the
appropriations to the Department of Transportation for grants
to the Authority intended to reimburse the Service Boards for
providing free and reduced fares shall be withheld.
(b-5) For fiscal years 2024 and 2025, the Service Boards
must publish a monthly comprehensive set of data regarding
transit service and safety. The data included shall include
information to track operations including:
(1) staffing levels, including numbers of budgeted
positions, current positions employed, hired staff,
attrition, staff in training, and absenteeism rates;
(2) scheduled service and delivered service, including
percentage of scheduled service delivered by day, service
by mode of transportation, service by route and rail line,
total number of revenue miles driven, excess wait times by
day, by mode of transportation, by bus route, and by stop;
and
(3) safety on the system, including the number of
incidents of crime and code of conduct violations on
system, any performance measures used to evaluate the
effectiveness of investments in private security, safety
equipment, and other security investments in the system.

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

HB1437 Enrolled - 128 - LRB104 08139 SPS 18185 b
4.14.
(d) This subsection applies only until the Department
begins administering and enforcing an increased tax under
Section 4.03(m) as authorized by this amendatory Act of the
95th General Assembly. After withholding 15% of the proceeds
of any tax imposed by the Authority and 15% of money received
by the Authority from the Regional Transportation Authority
Occupation and Use Tax Replacement Fund, the Board shall
allocate the proceeds and money remaining to the Service
Boards as follows: (1) an amount equal to 85% of the proceeds
of those taxes collected within the City of Chicago and 85% of
the money received by the Authority on account of transfers to
the Regional Transportation Authority Occupation and Use Tax
Replacement Fund from the County and Mass Transit District
Fund attributable to retail sales within the City of Chicago
shall be allocated to the Chicago Transit Authority; (2) an
amount equal to 85% of the proceeds of those taxes collected
within Cook County outside the City of Chicago and 85% of the
money received by the Authority on account of transfers to the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund from the County and Mass Transit District
Fund attributable to retail sales within Cook County outside
of the city of Chicago shall be allocated 30% to the Chicago
Transit Authority, 55% to the Commuter Rail Board and 15% to
the Suburban Bus Board; and (3) an amount equal to 85% of the
proceeds of the taxes collected within the Counties of DuPage,

HB1437 Enrolled - 129 - LRB104 08139 SPS 18185 b
Kane, Lake, McHenry and Will shall be allocated 70% to the
Commuter Rail Board and 30% to the Suburban Bus Board.
(e) This subsection applies only until the Department
begins administering and enforcing an increased tax under
Section 4.03(m) as authorized by this amendatory Act of the
95th General Assembly. Moneys received by the Authority on
account of transfers to the Regional Transportation Authority
Occupation and Use Tax Replacement Fund from the State and
Local Sales Tax Reform Fund shall be allocated among the
Authority and the Service Boards as follows: 15% of such
moneys shall be retained by the Authority and the remaining
85% shall be transferred to the Service Boards as soon as may
be practicable after the Authority receives payment. Moneys
which are distributable to the Service Boards pursuant to the
preceding sentence shall be allocated among the Service Boards
on the basis of each Service Board's distribution ratio. The
term "distribution ratio" means, for purposes of this
subsection (e) of this Section 4.01, the ratio of the total
amount distributed to a Service Board pursuant to subsection
(d) of Section 4.01 for the immediately preceding calendar
year to the total amount distributed to all of the Service
Boards pursuant to subsection (d) of Section 4.01 for the
immediately preceding calendar year.
(f) To carry out its duties and responsibilities under
this Act, the Board shall employ staff which shall: (1)
propose for adoption by the Board of the Authority rules for

HB1437 Enrolled - 130 - LRB104 08139 SPS 18185 b
the Service Boards that establish (i) forms and schedules to
be used and information required to be provided with respect
to a five-year capital program, annual budgets, and two-year
financial plans and regular reporting of actual results
against adopted budgets and financial plans, (ii) financial
practices to be followed in the budgeting and expenditure of
public funds, (iii) assumptions and projections that must be
followed in preparing and submitting its annual budget and
two-year financial plan or a five-year capital program; (2)
evaluate for the Board public transportation programs operated
or proposed by the Service Boards and transportation agencies
in terms of the goals and objectives set out in the Strategic
Plan; (3) keep the Board and the public informed of the extent
to which the Service Boards and transportation agencies are
meeting the goals and objectives adopted by the Authority in
the Strategic Plan; and (4) assess the efficiency or adequacy
of public transportation services provided by a Service Board
and make recommendations for change in that service to the end
that the moneys available to the Authority may be expended in
the most economical manner possible with the least possible
duplication.
(g) All Service Boards, transportation agencies,
comprehensive planning agencies, including the Chicago
Metropolitan Agency for Planning, or transportation planning
agencies in the metropolitan region shall furnish to the
Authority such information pertaining to public transportation

HB1437 Enrolled - 131 - LRB104 08139 SPS 18185 b
or relevant for plans therefor as it may from time to time
require. The Executive Director, or his or her designee,
shall, for the purpose of securing any such information
necessary or appropriate to carry out any of the powers and
responsibilities of the Authority under this Act, have access
to, and the right to examine, all books, documents, papers or
records of a Service Board or any transportation agency
receiving funds from the Authority or Service Board, and such
Service Board or transportation agency shall comply with any
request by the Executive Director, or his or her designee,
within 30 days or an extended time provided by the Executive
Director.
(h) No Service Board shall undertake any capital
improvement which is not identified in the Five-Year Capital
Program.
(i) Each Service Board shall furnish to the Board access
to its financial information including, but not limited to,
audits and reports. The Board shall have real-time access to
the financial information of the Service Boards; however, the
Board shall be granted read-only access to the Service Board's
financial information.
(Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
Sec. 4.09. Public Transportation Fund and the Regional
Transportation Authority Occupation and Use Tax Replacement

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

HB1437 Enrolled - 133 - LRB104 08139 SPS 18185 b
Public Transportation Fund an amount equal to 25% of the net
revenue, before the deduction of the serviceman and retailer
discounts pursuant to Section 9 of the Service Occupation Tax
Act and Section 3 of the Retailers' Occupation Tax Act,
realized from (i) 80% of the proceeds of any tax imposed by the
Authority at a rate of 1.25% in Cook County, (ii) 75% of the
proceeds of any tax imposed by the Authority at the rate of 1%
in Cook County, and (iii) one-third of the proceeds of any tax
imposed by the Authority at the rate of 0.75% in the Counties
of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
Section 4.03, and 25% of the net revenue realized from any tax
imposed by the Authority pursuant to Section 4.03.1, and 25%
of the amounts deposited into the Regional Transportation
Authority tax fund created by Section 4.03 of this Act from the
County and Mass Transit District Fund as provided in Section
6z-20 of the State Finance Act, and 25% of the amounts
deposited into the Regional Transportation Authority
Occupation and Use Tax Replacement Fund from the State and
Local Sales Tax Reform Fund as provided in Section 6z-17 of the
State Finance Act. As used in this Section, net revenue
realized for a month shall be the revenue collected by the
State pursuant to Sections 4.03 and 4.03.1 during the previous
month from within the metropolitan region, less the amount
paid out during that same month as refunds to taxpayers for
overpayment of liability in the metropolitan region under
Sections 4.03 and 4.03.1.

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

HB1437 Enrolled - 135 - LRB104 08139 SPS 18185 b
Fund as provided in Section 6z-17 of the State Finance Act, and
5% of the revenue realized by the Chicago Transit Authority as
financial assistance from the City of Chicago from the
proceeds of any tax imposed by the City of Chicago under
Section 8-3-19 of the Illinois Municipal Code.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this paragraph (2) of
subsection (a) to be transferred by the Treasurer into the
Public Transportation Fund from the General Revenue Fund shall
be directly deposited into the Public Transportation Fund as
the revenues are realized from the taxes indicated.
(3) Except as otherwise provided in paragraph (4), as soon
as possible after the first day of January, 2009 and each month
thereafter, upon certification of the Department of Revenue
with respect to the taxes collected under Section 4.03, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund an amount equal to 25% of the net revenue,
before the deduction of the serviceman and retailer discounts
pursuant to Section 9 of the Service Occupation Tax Act and
Section 3 of the Retailers' Occupation Tax Act, realized from
(i) 20% of the proceeds of any tax imposed by the Authority at
a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
tax imposed by the Authority at the rate of 1% in Cook County,
and (iii) one-third of the proceeds of any tax imposed by the

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

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

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

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

HB1437 Enrolled - 140 - LRB104 08139 SPS 18185 b
1990 $5,000,000;
1991 $5,000,000;
1992 $10,000,000;
1993 $10,000,000;
1994 $20,000,000;
1995 $30,000,000;
1996 $40,000,000;
1997 $50,000,000;
1998 $55,000,000; and
each year thereafter $55,000,000.
(c-5) The State shall provide financial assistance
("Additional Financial Assistance") in addition to the
Additional State Assistance provided by subsection (c) and the
amounts transferred to the Authority from the General Revenue
Fund under subsection (a) of this Section. Additional
Financial Assistance provided by this subsection shall be
calculated as provided in subsection (d), but shall in no
event exceed the following specified amounts with respect to
the following State fiscal years:
2000 $0;
2001 $16,000,000;
2002 $35,000,000;
2003 $54,000,000;
2004 $73,000,000;
2005 $93,000,000; and
each year thereafter $100,000,000.

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

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

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

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

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

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

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

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