Public Act 0010 104TH GENERAL ASSEMBLY

SB2456 Enrolled LRB104 11425 HLH 21513 b

Public Act 104-0010

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmitted infection or any information the disclosure of which is restricted under the Illinois Sexually Transmitted Infection Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).

(q) Information prohibited from being disclosed by the Personnel Record Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) (Blank).

(u) Records and information provided to an independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.

(v-5) Records of the Firearm Owner's Identification Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent authorized under that Act.

(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being disclosed under Section 7-603.5 of the Illinois Vehicle Code.

(hh) Records that are exempt from disclosure under Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.

(mm) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.

(pp) Names and all identifying information relating to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.

(qq) Information and records held by the Department of Public Health and its authorized representatives collected under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.

(tt) Recordings made under the Children's Advocacy Center Act, except to the extent authorized under that Act.

(uu) Information that is exempt from disclosure under Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.

(ww) Information that is exempt from disclosure under Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.

(yy) Information prohibited from being disclosed under the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is prohibited from disclosure by the Illinois Police Training Act and the Illinois State Police Act.

(ccc) Records exempt from disclosure under Section 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.

(ddd) Information prohibited from being disclosed under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.

(eee) Information prohibited from being disclosed under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.

(fff) Images from cameras under the Expressway Camera Act. This subsection (fff) is inoperative on and after July 1, 2028 2025.

(ggg) Information prohibited from disclosure under paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.

(hhh) Information submitted to the Illinois State Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.

(iii) Data exempt from disclosure under Section 50 of the School Safety Drill Act.

(jjj) Information exempt from disclosure under Section 30 of the Insurance Data Security Law.

(kkk) Confidential business information prohibited from disclosure under Section 45 of the Paint Stewardship Act.

(lll) Data exempt from disclosure under Section 2-3.196 of the School Code.

(mmm) Information prohibited from being disclosed under subsection (e) of Section 1-129 of the Illinois Power Agency Act.

(nnn) Materials received by the Department of Commerce and Economic Opportunity that are confidential under the Music and Musicians Tax Credit and Jobs Act.

(ooo) Data or information provided pursuant to Section 20 of the Statewide Recycling Needs and Assessment Act.

(ppp) Information that is exempt from disclosure under Section 28-11 of the Lawful Health Care Activity Act.

(qqq) Information that is exempt from disclosure under Section 7-101 of the Illinois Human Rights Act.

(rrr) Information prohibited from being disclosed under Section 4-2 of the Uniform Money Transmission Modernization Act.

(sss) Information exempt from disclosure under Section 40 of the Student-Athlete Endorsement Rights Act.

(ttt) Audio recordings made under Section 30 of the Illinois State Police Act, except to the extent authorized under that Section.

(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, eff. 3-21-25.)

Section 10. The Election Code is amended by changing Sections 1-19, 1-21, 1-22, and 1-23 as follows:

(10 ILCS 5/1-19)

(Section scheduled to be repealed on July 1, 2025)

Sec. 1-19. Access to Voting for Persons with Disabilities Advisory Task Force.

(a) The Access to Voting for Persons with Disabilities Advisory Task Force is hereby created to review current laws and make recommendations to improve access to voting for persons with disabilities. Members of the Task Force shall be appointed as follows:

(1) Three members appointed by the Governor, one of whom shall serve as chair, and at least one with experience representing or working with persons with physical disabilities and one with experience representing or working with person with neurological or mental disabilities;

(2) Three members appointed by the President of the Senate, including at least one attorney with election law experience;

(3) Three members appointed by the Senate Minority Leader, including at least one attorney with election law experience;

(4) Three members appointed by the Speaker of the House of Representatives, including at least one attorney with election law experience;

(5) Three members appointed by the Minority Leader of the House of Representatives, including at least one attorney with election law experience.

(b) The Task Force shall hold a minimum of 4 meetings. No later than August 1, 2022, the Task Force shall produce and the State Board of Elections shall publish on its website a report with a summary of the laws and resources available for persons with disabilities seeking to exercise their right to vote. The Task Force shall produce a report with recommendations for changes to current law or recommendations for election authorities submit the report to the Governor and General Assembly no later than December 15, 2022.

(c) The Members shall serve without compensation. If a vacancy occurs on the Task Force, it shall be filled according to the guidelines of the initial appointment. At the discretion of the chair, additional individuals may participate as non-voting members in the meetings of the Task Force.

(d) The State Board of Elections shall provide staff and administrative support to the Task Force.

(e) This Section is repealed on July 1, 2026 2025.

(Source: P.A. 102-668, eff. 11-15-21; 103-467, eff. 8-4-23.)

(10 ILCS 5/1-21)

(Section scheduled to be repealed on July 1, 2025)

Sec. 1-21. Public Financing of Judicial Elections Task Force.

(a) The Public Financing of Judicial Elections Task Force is hereby created for the purposes described in subsection (b). Members of the Task Force shall be appointed as follows:

(1) one member appointed by the Governor;

(2) one member appointed by the Attorney General;

(3) 2 members appointed by the President of the Senate;

(4) 2 members appointed by the Speaker of the House of Representatives;

(5) 2 members appointed by the Minority Leader of the Senate; and

(6) 2 members appointed by the Minority Leader of the House of Representatives.

(b) The Task Force shall study the feasibility of implementing a system of campaign finance that would allow public funds to be used to subsidize campaigns for candidates for judicial office in exchange for voluntary adherence by those campaigns to specified expenditure limitations. In conducting its study, the Task Force shall consider whether implementing such a system of public financing is in the best interest of the State. The Task Force may propose one or more funding sources for the public financing of judicial elections, including, but not limited to, fines, voluntary contributions, surcharges on lobbying activities, and a whistleblower fund. The Task Force shall consider the following factors:

(1) the amount of funds raised by past candidates for judicial office;

(2) the amount of funds expended by past candidates for judicial office;

(3) the disparity in the amount of funds raised by candidates for judicial office of different political parties;

(4) the amount of funds expended with respect to campaigns for judicial office by entities not affiliated with a candidate;

(5) the amount of money contributed to or expended by a committee of a political party to promote a candidate for judicial office;

(6) jurisprudence concerning campaign finance and public financing of political campaigns, both for judicial office and generally; and

(7) any other factors that the Task Force determines are related to the public financing of elections in this State.

The Task Force shall also suggest changes to current law that would be necessary to facilitate public financing of candidates for judicial office.

(c) The Task Force shall complete its study no later than June 30, 2024 and shall report its findings to the Governor and the General Assembly as soon as possible after the study is complete.

(d) The members shall serve without compensation but may be reimbursed for their expenses incurred in performing their duties. If a vacancy occurs on the Task Force, it shall be filled according to the guidelines of the initial appointment.

(e) The State Board of Elections shall provide staff and administrative support to the Task Force.

(f) As used in this Section, "judicial office" means nomination, election, or retention to the Supreme Court, the Appellate Court, or the Circuit Court.

(g) This Section is repealed on July 1, 2026 2025.

(Source: P.A. 102-909, eff. 5-27-22; 103-467, eff. 8-4-23.)

(10 ILCS 5/1-22)

(Section scheduled to be repealed on June 1, 2025)

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;

(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 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, 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 June 1, 2026 2025.

(Source: P.A. 102-1108, eff. 12-21-22.)

(10 ILCS 5/1-23)

(Section scheduled to be repealed on July 1, 2025)

Sec. 1-23. Ranked-Choice and Voting Systems Task Force.

(a) The Ranked-Choice and Voting Systems Task Force is created. The purpose of the Task Force is to review voting systems and the methods of voting, including ranked-choice voting, that could be authorized by law. The Task Force shall have the following duties:

(1) Engage election officials, interested groups, and members of the public for the purpose of assessing the adoption and implementation of ranked-choice voting in presidential primary elections beginning in 2028.

(2) Review standards used to certify or approve the use of a voting system, including the standards adopted by the U.S. Election Assistance Commission and the State Board of Elections.

(3) Advise whether the voting system used by Illinois election authorities would be able to accommodate alternative methods of voting, including, but not limited to, ranked-choice voting.

(4) Make recommendations or suggestions for changes to the Election Code or administrative rules for certification of voting systems in Illinois to accommodate alternative methods of voting, including ranked-choice voting.

(b) On or before June 30, 2025, the Task Force shall publish a final report of its findings and recommendations. The report shall, at a minimum, detail findings and recommendations related to the duties of the Task Force and the following:

(1) the process used in Illinois to certify voting systems, including which systems can conduct ranked-choice voting; and

(2) information about the voting system used by election authorities, including which election authorities rely on legacy hardware and software for voting and which counties and election authorities rely on equipment for voting that has not exceeded its usable life span but require a software upgrade to accommodate ranked-choice voting. In this paragraph, "legacy hardware and software" means equipment that has exceeded its usable life span.

(c) The Task Force shall consist of the following members:

(1) 4 members, appointed by the Senate President, including 2 members of the Senate and 2 members of the public;

(2) 4 members, appointed by the Speaker of the House of Representatives, including 2 members of the House of Representatives and 2 members of the public;

(3) 4 members, appointed by the Minority Leader of the Senate, including 2 members of the Senate and 2 members of the public;

(4) 4 members, appointed by the Minority Leader of the House of Representatives, including 2 members of the House of Representatives and 2 members of the public;

(5) 4 members, appointed by the Governor, including at least 2 members with knowledge and experience administering elections.

(d) Appointments to the Task Force shall be made within 30 days after the effective date of this amendatory Act of the 103rd General Assembly. Members shall serve without compensation.

(e) The Task Force shall meet at the call of a co-chair at least quarterly to fulfill its duties. At the first meeting of the Task Force, the Task Force shall elect one co-chair from the members appointed by the Senate President and one co-chair from the members appointed by the Speaker of the House of Representatives.

(f) The State Board of Elections shall provide administrative support for the Task Force.

(g) This Section is repealed, and the Task Force is dissolved, on July 1, 2026 2025.

(Source: P.A. 103-467, eff. 8-4-23; 103-563, eff. 11-17-23.)

Section 15. The Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997 is amended by changing Section 6-7 as follows:

(20 ILCS 687/6-7)

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

Sec. 6-7. Repeal. The provisions of this Law are repealed on December 31, 2030 December 31, 2025.

(Source: P.A. 101-639, eff. 6-12-20; 102-444, eff. 8-20-21.)

Section 20. The Illinois Lottery Law is amended by changing Section 7.12 as follows:

(20 ILCS 1605/7.12)

(Section scheduled to be repealed on July 1, 2025)

Sec. 7.12. Internet program.

(a) The General Assembly finds that:

(1) the consumer market in Illinois has changed since the creation of the Illinois State Lottery in 1974;

(2) the Internet has become an integral part of everyday life for a significant number of Illinois residents not only in regards to their professional life, but also in regards to personal business and communication; and

(3) the current practices of selling lottery tickets does not appeal to the new form of market participants who prefer to make purchases on the Internet at their own convenience.

It is the intent of the General Assembly to create an Internet program for the sale of lottery tickets to capture this new form of market participant.

(b) The Department shall create a program that allows an individual 18 years of age or older to purchase lottery tickets or shares on the Internet without using a Lottery retailer with on-line status, as those terms are defined by rule. The Department shall restrict the sale of lottery tickets on the Internet to transactions initiated and received or otherwise made exclusively within the State of Illinois. The Department shall adopt rules necessary for the administration of this program. These rules shall include, among other things, requirements for marketing of the Lottery to infrequent players, as well as limitations on the purchases that may be made through any one individual's lottery account. The provisions of this Act and the rules adopted under this Act shall apply to the sale of lottery tickets or shares under this program.

The Department is obligated to implement the program set forth in this Section and Sections 7.15 and 7.16. The Department may offer Lotto, Lucky Day Lotto, Mega Millions, Powerball, Pick 3, Pick 4, and other draw games that are offered at retail locations through the Internet program. The private manager shall obtain the Director's approval before providing any draw games. Any draw game tickets that are approved for sale by lottery licensees are automatically approved for sale through the Internet program. The Department shall maintain responsible gaming controls in its policies.

The Department shall authorize the private manager to implement and administer the program pursuant to the management agreement entered into under Section 9.1 and in a manner consistent with the provisions of this Section. If a private manager has not been selected pursuant to Section 9.1 at the time the Department is obligated to implement the program, then the Department shall not proceed with the program until after the selection of the private manager, at which time the Department shall authorize the private manager to implement and administer the program pursuant to the management agreement entered into under Section 9.1 and in a manner consistent with the provisions of this Section.

Nothing in this Section shall be construed as prohibiting the Department from implementing and operating a website portal whereby individuals who are 18 years of age or older with an Illinois mailing address may apply to purchase lottery tickets via subscription. Nothing in this Section shall also be construed as prohibiting the Lottery draw game tickets authorized for sale through the Internet program under this Section from also continuing to be sold at retail locations by a lottery licensee pursuant to the Department's rules.

(c) (Blank).

(d) This Section is repealed on July 1, 2028 2025.

(Source: P.A. 101-35, eff. 6-28-19; 102-699, eff. 4-19-22.)

Section 25. The Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act is amended by changing Section 30 as follows:

(20 ILCS 4116/30)

(Section scheduled to be repealed on August 1, 2025)

Sec. 30. Repeal. This Commission is dissolved, and this Act is repealed, on August 1, 2026 2025.

(Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23; reenacted by P.A. 103-461, eff. 8-4-23; 103-563, eff. 11-17-23.)

Section 30. The Renewable Energy Component Recycling Task Force Act is amended by changing Sections 15 and 20 as follows:

(20 ILCS 4118/15)

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

Sec. 15. Duties and report.

(a) The REC Recycling Task Force shall have the following duties:

(1) Investigate options for recycling and other end of life management methods for renewable energy generation components and energy storage devices in accordance with State and federal requirements.

(2) Identify preferred methods to safely and responsibly manage end of life renewable energy generating components and energy storage devices, including the reuse or refurbishment.

(3) Consider the economic and environmental costs and benefits associated with each method of recycling or end of life management identified.

(4) Project the economically productive life cycle of various types of renewable energy generating equipment and energy storage systems currently in use or planned for development in this State and model the impact that may be expected to the State's landfill capacity if landfill disposal is permitted for all such equipment and storage systems at end of life.

(5) Survey federal and other states' and countries' regulatory requirements relating to the end of life management, decommissioning, and financial assurance requirements for owners, operators, developers, and manufacturers of renewable energy generation components and energy storage systems.

(6) Identify infrastructure that may be needed to develop a practical, effective, and cost-efficient means to collect and transport end of life renewable generation components and energy storage systems in State for reuse, refurbishment, recycling, or disposal.

(7) Receive stakeholder engagement and feedback on various recycling and end of life management proposals for renewable energy generation components and energy storage systems.

(8) Develop recommendations for legislative, administrative, or private sector action to implement recycling and end of life management for renewable energy generation components and energy storage systems.

(9) Consider the benefits of prohibiting a person from mixing renewable energy generation components and energy storage systems with municipal waste that is intended for disposal at a landfill.

(10) Consider the benefits of prohibiting a person from disposing of renewable energy generation components and energy storage systems in a sanitary landfill.

(b) The REC Recycling Task Force shall submit a final report on activities conducted pursuant to this Act with findings, including stakeholder input, to the General Assembly and the Governor's Office no later than January 1, 2026 July 1, 2025.

(Source: P.A. 102-1025, eff. 5-27-22; 103-376, eff. 7-28-23.)

(20 ILCS 4118/20)

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

Sec. 20. Repealer. This Act is repealed on July 1, 2026 December 31, 2025.

(Source: P.A. 102-1025, eff. 5-27-22.)

Section 35. The Music Therapy Advisory Board Act is amended by adding Section 20 as follows:

(20 ILCS 5070/20 new)

Sec. 20. Repeal. The Board is dissolved, and this Act is repealed, on August 1, 2025.

Section 40. The Public Building Commission Act is amended by changing Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 as follows:

(50 ILCS 20/2.5)

(Section scheduled to be repealed on July 1, 2025)

Sec. 2.5. Legislative policy; conditions for use of design-build. It is the intent of the General Assembly that a commission be allowed to use the design-build delivery method for public projects if it is shown to be in the commission's best interest for that particular project.

It shall be the policy of the commission in the procurement of design-build services to publicly announce all requirements for design-build services and to procure these services on the basis of demonstrated competence and qualifications and with due regard for the principles of competitive selection.

The commission shall, prior to issuing requests for proposals, promulgate and publish procedures for the solicitation and award of contracts pursuant to this Act.

The commission shall, for each public project or projects permitted under this Act, make a written determination, including a description as to the particular advantages of the design-build procurement method, that it is in the best interests of the commission to enter into a design-build contract for the project or projects.

In making that determination, the following factors shall be considered:

(1) The probability that the design-build procurement method will be in the best interests of the commission by providing a material savings of time or cost over the design-bid-build or other delivery system.

(2) The type and size of the project and its suitability to the design-build procurement method.

(3) The ability of the design-build entity to define and provide comprehensive scope and performance criteria for the project.

The commission shall require the design-build entity to comply with the utilization goals established by the corporate authorities of the commission for minority and women business enterprises and to comply with Section 2-105 of the Illinois Human Rights Act.

This Section is repealed on July 1, 2027 2025; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.

(Source: P.A. 103-4, eff. 5-31-23.)

(50 ILCS 20/20.3)

(Section scheduled to be repealed on July 1, 2025)

Sec. 20.3. Solicitation of design-build proposals.

(a) When the Commission elects to use the design-build delivery method, it must issue a notice of intent to receive proposals for the project at least 14 days before issuing the request for the proposal. The Commission must publish the advance notice in a daily newspaper of general circulation in the county where the Commission is located. The Commission is encouraged to use publication of the notice in related construction industry service publications. A brief description of the proposed procurement must be included in the notice. The Commission must provide a copy of the request for proposal to any party requesting a copy.

(b) The request for proposal shall be prepared for each project and must contain, without limitation, the following information:

(1) The name of the Commission.

(2) A preliminary schedule for the completion of the contract.

(3) The proposed budget for the project, the source of funds, and the currently available funds at the time the request for proposal is submitted.

(4) Prequalification criteria for design-build entities wishing to submit proposals. The Commission shall include, at a minimum, its normal prequalification, licensing, registration, and other requirements, but nothing contained herein precludes the use of additional prequalification criteria by the Commission.

(5) Material requirements of the contract, including but not limited to, the proposed terms and conditions, required performance and payment bonds, insurance, and the entity's plan to comply with the utilization goals established by the corporate authorities of the Commission for minority and women business enterprises and to comply with Section 2-105 of the Illinois Human Rights Act.

(6) The performance criteria.

(7) The evaluation criteria for each phase of the solicitation.

(8) The number of entities that will be considered for the technical and cost evaluation phase.

(c) The Commission may include any other relevant information that it chooses to supply. The design-build entity shall be entitled to rely upon the accuracy of this documentation in the development of its proposal.

(d) The date that proposals are due must be at least 21 calendar days after the date of the issuance of the request for proposal. In the event the cost of the project is estimated to exceed $12,000,000, then the proposal due date must be at least 28 calendar days after the date of the issuance of the request for proposal. The Commission shall include in the request for proposal a minimum of 30 days to develop the Phase II submissions after the selection of entities from the Phase I evaluation is completed.

(e) This Section is repealed on July 1, 2027 2025; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.

(Source: P.A. 103-4, eff. 5-31-23.)

(50 ILCS 20/20.4)

(Section scheduled to be repealed on July 1, 2025)

Sec. 20.4. Development of design-build scope and performance criteria.

(a) The Commission shall develop, with the assistance of a licensed design professional, a request for proposal, which shall include scope and performance criteria. The scope and performance criteria must be in sufficient detail and contain adequate information to reasonably apprise the qualified design-build entities of the Commission's overall programmatic needs and goals, including criteria and preliminary design plans, general budget parameters, schedule, and delivery requirements.

(b) Each request for proposal shall also include a description of the level of design to be provided in the proposals. This description must include the scope and type of renderings, drawings, and specifications that, at a minimum, will be required by the Commission to be produced by the design-build entities.

(c) The scope and performance criteria shall be prepared by a design professional who is an employee of the Commission, or the Commission may contract with an independent design professional selected under the Local Government Professional Services Selection Act (50 ILCS 510/) to provide these services.

(d) The design professional that prepares the scope and performance criteria is prohibited from participating in any design-build entity proposal for the project.

(e) This Section is repealed on July 1, 2027 2025; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.

(Source: P.A. 103-4, eff. 5-31-23.)

(50 ILCS 20/20.5)

(Section scheduled to be repealed on July 1, 2025)

Sec. 20.5. Procedures for design-build selection.

(a) The Commission must use a two-phase procedure for the selection of the successful design-build entity. Phase I of the procedure will evaluate and shortlist the design-build entities based on qualifications, and Phase II will evaluate the technical and cost proposals.

(b) The Commission shall include in the request for proposal the evaluating factors to be used in Phase I. These factors are in addition to any prequalification requirements of design-build entities that the Commission has set forth. Each request for proposal shall establish the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the Commission. The Commission must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation.

The Commission shall include the following criteria in every Phase I evaluation of design-build entities: (1) experience of personnel; (2) successful experience with similar project types; (3) financial capability; (4) timeliness of past performance; (5) experience with similarly sized projects; (6) successful reference checks of the firm; (7) commitment to assign personnel for the duration of the project and qualifications of the entity's consultants; and (8) ability or past performance in meeting or exhausting good faith efforts to meet the utilization goals for minority and women business enterprises established by the corporate authorities of the Commission and in complying with Section 2-105 of the Illinois Human Rights Act. The Commission may include any additional relevant criteria in Phase I that it deems necessary for a proper qualification review.

The Commission may not consider any design-build entity for evaluation or award if the entity has any pecuniary interest in the project or has other relationships or circumstances, including but not limited to, long-term leasehold, mutual performance, or development contracts with the Commission, that may give the design-build entity a financial or tangible advantage over other design-build entities in the preparation, evaluation, or performance of the design-build contract or that create the appearance of impropriety. No design-build proposal shall be considered that does not include an entity's plan to comply with the requirements established in the minority and women business enterprises and economically disadvantaged firms established by the corporate authorities of the Commission and with Section 2-105 of the Illinois Human Rights Act.

Upon completion of the qualifications evaluation, the Commission shall create a shortlist of the most highly qualified design-build entities. The Commission, in its discretion, is not required to shortlist the maximum number of entities as identified for Phase II evaluation, provided however, no less than 2 design-build entities nor more than 6 are selected to submit Phase II proposals.

The Commission shall notify the entities selected for the shortlist in writing. This notification shall commence the period for the preparation of the Phase II technical and cost evaluations. The Commission must allow sufficient time for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the Commission.

(c) The Commission shall include in the request for proposal the evaluating factors to be used in the technical and cost submission components of Phase II. Each request for proposal shall establish, for both the technical and cost submission components of Phase II, the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the Commission. The Commission must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation.

The Commission shall include the following criteria in every Phase II technical evaluation of design-build entities: (1) compliance with objectives of the project; (2) compliance of proposed services to the request for proposal requirements; (3) quality of products or materials proposed; (4) quality of design parameters; (5) design concepts; (6) innovation in meeting the scope and performance criteria; and (7) constructability of the proposed project. The Commission may include any additional relevant technical evaluation factors it deems necessary for proper selection.

The Commission shall include the following criteria in every Phase II cost evaluation: the guaranteed maximum project cost and the time of completion. The Commission may include any additional relevant technical evaluation factors it deems necessary for proper selection. The guaranteed maximum project cost criteria weighing factor shall not exceed 30%.

The Commission shall directly employ or retain a licensed design professional to evaluate the technical and cost submissions to determine if the technical submissions are in accordance with generally accepted industry standards.

Upon completion of the technical submissions and cost submissions evaluation, the Commission may award the design-build contract to the highest overall ranked entity.

(d) This Section is repealed on July 1, 2027 2025; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.

(Source: P.A. 103-4, eff. 5-31-23.)

(50 ILCS 20/20.10)

(Section scheduled to be repealed on July 1, 2025)

Sec. 20.10. Small design-build projects. In any case where the total overall cost of the project is estimated to be less than $12,000,000, the Commission may combine the two-phase procedure for design-build selection described in Section 20.5 into one combined step, provided that all the requirements of evaluation are performed in accordance with Section 20.5.

This Section is repealed on July 1, 2027 2025; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.

(Source: P.A. 103-4, eff. 5-31-23.)

(50 ILCS 20/20.15)

(Section scheduled to be repealed on July 1, 2025)

Sec. 20.15. Submission of design-build proposals. Design-build proposals must be properly identified and sealed. Proposals may not be reviewed until after the deadline for submission has passed as set forth in the request for proposals. All design-build entities submitting proposals shall be disclosed after the deadline for submission, and all design-build entities who are selected for Phase II evaluation shall also be disclosed at the time of that determination.

Phase II design-build proposals shall include a bid bond in the form and security as designated in the request for proposals. Proposals shall also contain a separate sealed envelope with the cost information within the overall proposal submission. Proposals shall include a list of all design professionals and other entities to which any work identified in Section 30-30 of the Illinois Procurement Code as a subdivision of construction work may be subcontracted during the performance of the contract.

Proposals must meet all material requirements of the request for proposal or they may be rejected as non-responsive. The Commission shall have the right to reject any and all proposals.

The drawings and specifications of any unsuccessful design-build proposal shall remain the property of the design-build entity.

The Commission shall review the proposals for compliance with the performance criteria and evaluation factors.

Proposals may be withdrawn prior to the due date and time for submissions for any cause. After evaluation begins by the Commission, clear and convincing evidence of error is required for withdrawal.

This Section is repealed on July 1, 2027 2025; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.

(Source: P.A. 103-4, eff. 5-31-23.)

(50 ILCS 20/20.20)

(Section scheduled to be repealed on July 1, 2025)

Sec. 20.20. Design-build award. The Commission may award a design-build contract to the highest overall ranked entity. Notice of award shall be made in writing. Unsuccessful entities shall also be notified in writing. The Commission may not request a best and final offer after the receipt of proposals. The Commission may negotiate with the selected design-build entity after award but prior to contract execution for the purpose of securing better terms than originally proposed, provided that the salient features of the request for proposal are not diminished.

This Section is repealed on July 1, 2027 2025; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.

(Source: P.A. 103-4, eff. 5-31-23.)

(50 ILCS 20/20.25)

(Section scheduled to be repealed on July 1, 2025)

Sec. 20.25. Minority and female owned enterprises; total construction budget.

(a) Each year, within 60 days following the end of a commission's fiscal year, the commission shall provide a report to the General Assembly addressing the utilization of minority and female owned business enterprises on design-build projects.

(b) The payments for design-build projects by any commission in one fiscal year shall not exceed 50% of the moneys spent on construction projects during the same fiscal year.

(c) This Section is repealed on July 1, 2027 2025; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.

(Source: P.A. 103-4, eff. 5-31-23.)

Section 45. The Park Commissioners Land Sale Act is amended by changing Section 25 as follows:

(70 ILCS 1235/25)

(Section scheduled to be repealed on June 30, 2025)

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, 2026 June 30, 2025.

(Source: P.A. 103-499, eff. 8-4-23.)

Section 50. The Expressway Camera Act is amended by changing Section 90 as follows:

(605 ILCS 140/90)

(Section scheduled to be repealed on July 1, 2025)

Sec. 90. Repeal. This Act is repealed on July 1, 2028 2025.

(Source: P.A. 101-42, eff. 1-1-20; 102-1042, eff. 6-3-22; 102-1043, eff. 6-3-22.)

Section 55. The Criminal Code of 2012 is amended by changing Section 33G-9 as follows:

(720 ILCS 5/33G-9)

(Section scheduled to be repealed on June 1, 2025)

Sec. 33G-9. Repeal. This Article is repealed on June 1, 2027 2025.

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

Section 60. The Eminent Domain Act is amended by changing Section 25-5-105 as follows:

(735 ILCS 30/25-5-105)

(Section scheduled to be repealed on May 31, 2025)

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

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

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; 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 May 31, 2026 2025 (3 2 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.)

Section 99. Effective date. This Act takes effect upon becoming law.