Sen. Jil Tracy

Amends the Illinois Controlled Substances Act. Changes from 3 years to 5 years the added sentence for the knowing manufacture or delivery, or possession with intent to manufacture or deliver a controlled substance when the substance containing the controlled substance contains any amount of fentanyl. Provides that excluding violations of the Act when the controlled substance is fentanyl, for any person sentenced to a term of imprisonment with respect to violations of the knowing possession of a controlled substance, when the substance containing the controlled substance contains any amount of fentanyl, 3 years shall be added to the term of imprisonment imposed by the court, and the maximum sentence for the offense shall be increased by 3 years.

Amends the School Code. Beginning with the 2025-2026 school year, requires a school board to allow a student who resides in the school district but attends a nonpublic school to participate in extracurricular athletic activities sponsored by the district without being required to enroll or complete coursework at a public school within the district if certain conditions are met. Effective immediately.

Amends the Election Code. In provisions requiring election authorities to automatically register a voter, requires the election authority to act within 90 days of receipt of information from the National Change of Address database. Requires county clerks and the Board of Election Commissioners to complete verifications of voter registrations after a consolidated election in an odd-numbered year but before the first day of candidate circulation for candidate filing for the following primary election in an even-numbered year (rather than at least once in every 2 years). Requires the county clerks and the Board of Election Commissioners to certify to the State Board of Elections that the verification has been conducted and completed within 30 days of completion of the verification. Requires the State Board of Elections to establish training materials and guidelines for judges of elections to be incorporated into the training course established by an election authority. Requires an election authority with a public website to ensure that its vote by mail processing procedures are published on its public website and accessible to the public no less than 120 days before a general election, a general primary election, or a consolidated election. Provides that vote by mail ballots received after the election are subject to audit by the State Board of Elections and provides the auditing guidelines. Provides that the State central committee chair of each established political party shall be given prior written notice of the time and place of the random selection procedure and may be represented at the procedure. Provides that if tally sheets to be delivered to the office of the county clerk by judges of elections are delayed more than 5 hours after the closing of the polls, the designated judges from each of the 2 major political parties shall subscribe to a written affidavit explaining the delay. Requires the county clerk to keep any affidavits for one year and allows certified copies to be used as evidence in all courts, proceedings, and election contests. Requires the affidavits to also appear on an election authority's post on its website along with the number of uncounted votes.

Amends the Illinois State Auditing Act. Provides that, in calendar years 2025, 2030, 2035, 2040, and 2045, the Auditor General shall conduct a performance audit of (i) the programs and procurement activities administered by the Illinois Power Agency to implement the Renewable Portfolio Standard and (ii) the Adjustable Block program established under the Illinois Power Agency Act. Provides that the performance audits shall address several questions related to renewable energy, solar vendors, and other issues. Provides that performance audits shall each include physical inspections of 3 random solar sites funded through the Adjustable Block program. Provides that the Auditor General shall consult with energy experts in the audit process and may employ an energy consulting firm. Provides for the Auditor General to report findings and recommendations. Repeals the provisions added by this amendatory Act on July 1, 2046. Effective immediately.

Amends the Counties Code. Provides that the owner of a commercial wind energy facility or commercial solar energy facility must compensate landowners if the facility adversely affects the flow of water within the landowner's land, including, but not limited to, by affecting a drainage tile.

Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Makes certain changes concerning estates that contain qualified farm property. Provides that, for the purposes of calculating the State Death Tax Credit, those estates are subject to an exemption of $6,000,000 (rather than an exclusion amount of $4,000,000), which shall be deducted from the net estate value after the net estate value is computed in accordance with the Act. Provides that the exemption shall be adjusted each year according to the increase in the Consumer Price Index. Makes changes concerning the calculation of the deceased spousal unused exclusion amount for those estates. Provides for a special use valuation to provide that the value of the qualified farm property shall be calculated without regard to certain limitations under the Internal Revenue Code. Makes changes concerning the definition of "qualified heir".

Amends the Military Veterans Assistance Act. Expands the Act to allow for the formation of multi-county Veterans Assistance Commissions. Provides that veteran service organizations located in 2 or more adjacent counties having a population of 60,000 or less may enter into an agreement to come together and jointly form a multi-county Veterans Assistance Commission to serve the adjacent counties in accordance with the Act. Provides that a multi-county Veterans Assistance Commission may also be formed under an agreement between an existing county Veterans Assistance Commission and a veteran service organization located in an adjacent county that is without a veterans assistance commission and has a population of 60,000 or less. Requires an agreement to form and maintain a multi-county Veterans Assistance Commission to set forth: (i) the distribution of funding with respect to each member county; (ii) the location of the Commission's office; (iii) the type of services provided; (iv) the superintendent selection or appointment process; (v) Commission rules and policies; and (vi) the composition of delegates and alternates on the Commission. Provides that multi-county Veterans Assistance Commissions shall have the same powers and duties under the Act as Veterans Assistance Commissions that serve one county. Makes corresponding changes in the Counties Code, the Illinois Public Aid Code, the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act. Effective immediately.

Amends the Solicitation of Charity Act and the Charitable Trust Act. Requires the Attorney General to accept reports that are required under these Acts electronically. Effective immediately.

Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Provides that, for persons dying on or after January 1, 2026, if a valid election has been made under the Internal Revenue Code allowing a person to take into account a federal deceased spousal unused exclusion amount for the purposes of calculating the person's federal estate tax, then the person's Illinois exclusion amount shall include the Illinois deceased spousal unused exclusion amount for the deceased spouse with respect to whom the federal election was made. Effective immediately.

Amends the Open Space Lands Acquisition and Development Act. Provides that the Department of Natural Resources shall prioritize projects that incorporate construction, materials, designs, products, or technologies that increase accessibility and usability beyond the highest standards established under the federal Americans with Disabilities Act (ADA) or federal regulations promulgated under that Act. Requires the Department to adopt rules to establish this priority within its grant application review process under the Open Space Lands Acquisition and Development Act. Effective immediately.