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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 3. The Energy
Efficient Building Act is amended by |
5 | | changing Section 55 as follows: |
6 | | (20 ILCS 3125/55) |
7 | | Sec. 55. Illinois Stretch Energy Code. |
8 | | (a) The Board, in consultation with the Agency Department , |
9 | | shall create and adopt the Illinois Stretch Energy Code, to |
10 | | allow municipalities and projects authorized or funded by the |
11 | | Board to achieve more energy efficiency in buildings than the |
12 | | Illinois Energy Conservation Code through a consistent pathway |
13 | | across the State. The Illinois Stretch Energy Code shall be |
14 | | available for adoption by any municipality and shall set
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15 | | minimum energy efficiency requirements, taking the place of |
16 | | the Illinois Energy Conservation Code within any municipality |
17 | | that adopts the Illinois Stretch Energy Code. |
18 | | (b) The Illinois Stretch Energy Code shall have separate |
19 | | components for commercial and residential buildings, which may |
20 | | be adopted by the municipality jointly or separately. |
21 | | (c) The Illinois Stretch Energy Code shall apply to all |
22 | | projects to which an energy conservation code is applicable |
23 | | that are authorized or funded in any part by the Board after |
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1 | | July 1, 2024 January 1, 2024 . |
2 | | (d) Development of the Illinois Stretch Energy Code shall |
3 | | be completed and available for adoption by municipalities by |
4 | | June 30, 2024 December 31, 2023 . |
5 | | (e) Consistent with the requirements under paragraph (2.5) |
6 | | of subsection (g) of Section 8-103B of the Public Utilities |
7 | | Act and under paragraph (2) of subsection (j) of Section 8-104 |
8 | | of the Public Utilities Act, municipalities may adopt the |
9 | | Illinois Stretch Energy Code and may use utility programs to |
10 | | support compliance with the Illinois Stretch Energy Code. The |
11 | | amount of savings from such utility efforts that may be |
12 | | counted toward achievement of their annual savings goals shall |
13 | | be based on reasonable estimates of the increase in savings |
14 | | resulting from the utility efforts, relative to reasonable |
15 | | approximations of what would have occurred absent the utility |
16 | | involvement. |
17 | | (f) The Illinois Stretch Energy Code's residential |
18 | | components shall: |
19 | | (1) apply to residential buildings as defined under |
20 | | Section 10; |
21 | | (2) set performance targets using a site energy index |
22 | | with reductions relative to the 2006 International Energy |
23 | | Conservation Code; and |
24 | | (3) include stretch energy codes with site energy |
25 | | index standards and adoption dates as follows: by no later |
26 | | than June 30, 2024 December 31, 2023 , the Board shall |
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1 | | create and adopt a stretch energy code with a site energy |
2 | | index no greater than 0.50 of the 2006 International |
3 | | Energy Conservation Code; by no later than December 31, |
4 | | 2025, the Board shall create and adopt a stretch energy |
5 | | code with a site energy index no greater than 0.40 of the |
6 | | 2006 International Energy Conservation Code, unless the |
7 | | Board identifies unanticipated burdens associated with the |
8 | | stretch energy code adopted in 2023 or 2024 , in which case |
9 | | the Board may adopt a stretch energy code with a site |
10 | | energy index no greater than 0.42 of the 2006 |
11 | | International Energy Conservation Code, provided that the |
12 | | more relaxed standard has a site energy index that is at |
13 | | least 0.05 more restrictive than the 2024 International |
14 | | Energy Conservation Code; by no later than December 31, |
15 | | 2028, the Board shall create and adopt a stretch energy |
16 | | code with a site energy index no greater than 0.33 of the |
17 | | 2006 International Energy Conservation Code, unless the |
18 | | Board identifies unanticipated burdens associated with the |
19 | | stretch energy code adopted in 2025, in which case the |
20 | | Board may adopt a stretch energy code with a site energy |
21 | | index no greater than 0.35 of the 2006 International |
22 | | Energy Conservation Code, but only if that more relaxed |
23 | | standard has a site energy index that is at least 0.05 more |
24 | | restrictive than the 2027 International Energy |
25 | | Conservation Code; and by no later than December 31, 2031, |
26 | | the Board shall create and adopt a stretch energy code |
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1 | | with a site energy index no greater than 0.25 of the 2006 |
2 | | International Energy Conservation Code. |
3 | | (g) The Illinois Stretch Energy Code's commercial |
4 | | components shall: |
5 | | (1) apply to commercial buildings as defined under |
6 | | Section 10; |
7 | | (2) set performance targets using a site energy index |
8 | | with reductions relative to the 2006 International Energy |
9 | | Conservation Code; and |
10 | | (3) include stretch energy codes with site energy |
11 | | index standards and adoption dates as follows: by no later |
12 | | than June 30, 2024 December 31, 2023 , the Board shall |
13 | | create and adopt a stretch energy code with a site energy |
14 | | index no greater than 0.60 of the 2006 International |
15 | | Energy Conservation Code; by no later than December 31, |
16 | | 2025, the Board shall create and adopt a stretch energy |
17 | | code with a site energy index no greater than 0.50 of the |
18 | | 2006 International Energy Conservation Code; by no later |
19 | | than December 31, 2028, the Board shall create and adopt a |
20 | | stretch energy code with a site energy index no greater |
21 | | than 0.44 of the 2006 International Energy Conservation |
22 | | Code; and by no later than December 31, 2031, the Board |
23 | | shall create and adopt a stretch energy code with a site |
24 | | energy index no greater than 0.39 of the 2006 |
25 | | International Energy Conservation Code. |
26 | | (h) The process for the creation of the Illinois Stretch |
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1 | | Energy Code includes: |
2 | | (1) within 60 days after the effective date of this |
3 | | amendatory Act of the 102nd General Assembly, the Capital |
4 | | Development Board shall meet with the Illinois Energy Code |
5 | | Advisory Council to advise and provide technical |
6 | | assistance and recommendations to the Capital Development |
7 | | Board for the Illinois Stretch Energy Code, which shall: |
8 | | (A) advise the Capital Development Board on |
9 | | creation of interim performance targets, code |
10 | | requirements, and an implementation plan for the |
11 | | Illinois Stretch Energy Code; |
12 | | (B) recommend amendments to proposed rules issued |
13 | | by the Capital Development Board; |
14 | | (C) recommend complementary programs or policies; |
15 | | (D) complete recommendations and development for |
16 | | the Illinois Stretch Energy Code elements and |
17 | | requirements by December 31, 2023 July 31, 2023 ; |
18 | | (2) As part of its deliberations, the Illinois Energy |
19 | | Code Advisory Council shall actively solicit input from |
20 | | other energy code stakeholders and interested parties.
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21 | | (Source: P.A. 102-662, eff. 9-15-21.) |
22 | | Section 5. The Public Building Commission Act is amended |
23 | | by changing Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, |
24 | | 20.20, and 20.25 as follows: |
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1 | | (50 ILCS 20/2.5) |
2 | | (Section scheduled to be repealed on June 1, 2023)
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3 | | Sec. 2.5. Legislative policy; conditions for use of |
4 | | design-build. It is the intent of the General Assembly that a |
5 | | commission be allowed to use the design-build delivery method |
6 | | for public projects if
it is shown to be in the commission's |
7 | | best interest for that particular project. |
8 | | It shall be the policy of the commission in the |
9 | | procurement of design-build services to publicly announce all |
10 | | requirements for design-build services and to procure these |
11 | | services on the basis of demonstrated competence and |
12 | | qualifications and with due regard for the principles of |
13 | | competitive selection. |
14 | | The commission shall, prior to issuing requests for |
15 | | proposals, promulgate and publish procedures for the |
16 | | solicitation and award of contracts pursuant to this Act. |
17 | | The commission shall, for each public project or projects |
18 | | permitted under this Act, make a written determination, |
19 | | including a description as to the particular
advantages of the |
20 | | design-build procurement method, that it is in the best |
21 | | interests of the commission to enter into a design-build |
22 | | contract for the project or projects. |
23 | | In making that determination, the following factors shall |
24 | | be considered: |
25 | | (1) The probability that the design-build procurement |
26 | | method will be in the best interests of the commission by |
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1 | | providing a material savings of time or cost over the |
2 | | design-bid-build or other delivery system. |
3 | | (2) The type and size of the project and its |
4 | | suitability to the design-build procurement method. |
5 | | (3) The ability of the design-build entity to define |
6 | | and provide comprehensive scope and performance criteria |
7 | | for the project. |
8 | | The commission shall require the design-build entity to |
9 | | comply with the utilization goals established by the corporate |
10 | | authorities of the commission for minority and women business |
11 | | enterprises and to comply with Section 2-105 of the Illinois |
12 | | Human Rights Act. |
13 | | This Section is repealed on July 1, 2025 June 1, 2023 ; |
14 | | provided that any design-build contracts entered into before |
15 | | such date or any procurement of a project under this Act |
16 | | commenced before such date, and the contracts resulting from |
17 | | those procurements, shall remain effective.
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18 | | (Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, |
19 | | eff. 8-23-19.) |
20 | | (50 ILCS 20/20.3) |
21 | | (Section scheduled to be repealed on June 1, 2023)
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22 | | Sec. 20.3. Solicitation of design-build proposals.
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23 | | (a) When the Commission elects to use the design-build |
24 | | delivery
method, it must
issue a notice of intent to receive |
25 | | proposals for the project at
least 14 days before issuing the |
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1 | | request for the proposal. The Commission
must publish the |
2 | | advance notice in a daily newspaper of general circulation in |
3 | | the county where the Commission is located. The
Commission is |
4 | | encouraged to use publication of the notice in related |
5 | | construction
industry service publications. A brief |
6 | | description of the proposed procurement
must be included in |
7 | | the notice. The Commission must provide a
copy of the
request |
8 | | for proposal to any party requesting a copy.
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9 | | (b) The request for proposal shall be prepared for each |
10 | | project and must
contain, without limitation, the following |
11 | | information:
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12 | | (1) The name of the Commission.
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13 | | (2) A preliminary schedule for the completion of the |
14 | | contract.
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15 | | (3) The proposed budget for the project, the source of |
16 | | funds, and the
currently available funds at the time the |
17 | | request for proposal is submitted.
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18 | | (4) Prequalification criteria for design-build |
19 | | entities wishing to submit
proposals.
The Commission shall |
20 | | include, at a minimum, its normal
prequalification, |
21 | | licensing, registration, and other requirements, but |
22 | | nothing
contained herein precludes the use of additional |
23 | | prequalification criteria
by the Commission.
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24 | | (5) Material requirements of the contract, including |
25 | | but not limited to,
the proposed terms and conditions, |
26 | | required performance and payment bonds,
insurance, and the |
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1 | | entity's plan to comply with the utilization goals |
2 | | established by the corporate authorities of the Commission |
3 | | for minority and women business enterprises and to comply |
4 | | with Section 2-105 of the Illinois Human Rights Act.
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5 | | (6) The performance criteria.
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6 | | (7) The evaluation criteria for each phase of the |
7 | | solicitation.
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8 | | (8) The number of entities that will be considered for |
9 | | the technical and
cost
evaluation phase.
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10 | | (c) The Commission may include any other relevant |
11 | | information
that it
chooses to supply. The design-build entity |
12 | | shall be entitled to rely upon the
accuracy of this |
13 | | documentation in the development of its proposal.
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14 | | (d) The date that proposals are due must be at least 21 |
15 | | calendar days after
the date of the issuance of the request for |
16 | | proposal. In the event the cost of
the project
is estimated to |
17 | | exceed $12,000,000, then the proposal due date must be at |
18 | | least
28 calendar days after the date of the issuance of the |
19 | | request for proposal.
The Commission shall include in the |
20 | | request for proposal a
minimum of 30 days
to develop the Phase |
21 | | II submissions after the selection of entities
from the Phase |
22 | | I evaluation is completed.
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23 | | (e) This Section is repealed on July 1, 2025 June 1, 2023 ; |
24 | | provided that any design-build contracts entered into before |
25 | | such date or any procurement of a project under this Act |
26 | | commenced before such date, and the contracts resulting from |
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1 | | those procurements, shall remain effective.
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2 | | (Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, |
3 | | eff. 8-23-19.) |
4 | | (50 ILCS 20/20.4) |
5 | | (Section scheduled to be repealed on June 1, 2023)
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6 | | Sec. 20.4. Development of design-build scope and |
7 | | performance criteria.
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8 | | (a) The Commission shall develop, with the assistance of a
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9 | | licensed design professional, a request
for proposal, which |
10 | | shall include scope and performance criteria.
The scope and |
11 | | performance criteria must be in sufficient detail and contain
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12 | | adequate information to reasonably apprise the qualified |
13 | | design-build entities
of the Commission's overall programmatic |
14 | | needs and goals,
including criteria and preliminary design |
15 | | plans,
general budget parameters, schedule, and delivery |
16 | | requirements.
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17 | | (b) Each request for proposal shall also include a |
18 | | description of the level
of design to be provided in the |
19 | | proposals. This description must include the
scope and type of |
20 | | renderings, drawings, and specifications that, at a minimum,
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21 | | will be required by the Commission to be produced by the
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22 | | design-build entities.
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23 | | (c) The scope and performance criteria shall be prepared |
24 | | by a design
professional who is an employee of the Commission, |
25 | | or the Commission may
contract with an independent design |
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1 | | professional selected under the
Local Government Professional |
2 | | Services Selection Act (50 ILCS 510/) to provide these |
3 | | services.
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4 | | (d) The design professional that prepares the scope and |
5 | | performance criteria
is prohibited from participating in any |
6 | | design-build entity proposal for the
project.
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7 | | (e) This Section is repealed on July 1, 2025 June 1, 2023 ; |
8 | | provided that any design-build contracts entered into before |
9 | | such date or any procurement of a project under this Act |
10 | | commenced before such date, and the contracts resulting from |
11 | | those procurements, shall remain effective.
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12 | | (Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, |
13 | | eff. 8-23-19.) |
14 | | (50 ILCS 20/20.5) |
15 | | (Section scheduled to be repealed on June 1, 2023) |
16 | | Sec. 20.5. Procedures for design-build selection. |
17 | | (a) The Commission must use a two-phase procedure for the
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18 | | selection of the
successful design-build entity. Phase I of |
19 | | the procedure will evaluate and
shortlist the design-build |
20 | | entities based on qualifications, and Phase II
will
evaluate |
21 | | the technical and cost proposals. |
22 | | (b) The Commission shall include in the request for |
23 | | proposal
the
evaluating factors to be used in Phase I. These |
24 | | factors are in addition to any
prequalification requirements |
25 | | of design-build entities that the Commission has set
forth. |
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1 | | Each request for proposal shall establish the relative |
2 | | importance
assigned to each evaluation factor and subfactor, |
3 | | including any weighting of
criteria to be employed by the |
4 | | Commission. The Commission must maintain a
record of the |
5 | | evaluation scoring to be disclosed in event of a protest
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6 | | regarding the solicitation.
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7 | | The Commission shall include the following criteria in |
8 | | every
Phase I
evaluation of design-build entities: (1) |
9 | | experience of personnel; (2)
successful
experience with |
10 | | similar project types; (3) financial capability; (4) |
11 | | timeliness
of past performance; (5) experience with similarly |
12 | | sized projects; (6)
successful reference checks of the firm; |
13 | | (7) commitment to assign personnel
for the duration of the |
14 | | project and qualifications of the entity's consultants; and |
15 | | (8) ability or past performance in meeting or exhausting good |
16 | | faith efforts to meet the utilization goals for minority and |
17 | | women business enterprises established by the corporate |
18 | | authorities of the Commission and in complying with Section |
19 | | 2-105 of the Illinois Human Rights Act. The Commission may |
20 | | include any additional relevant criteria in Phase I that it |
21 | | deems necessary for a proper qualification review.
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22 | | The Commission may not consider any design-build entity |
23 | | for
evaluation or
award if the entity has any pecuniary |
24 | | interest in the project or has other
relationships or |
25 | | circumstances, including but not limited to, long-term
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26 | | leasehold, mutual performance, or development contracts with |
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1 | | the Commission,
that may give the design-build entity a |
2 | | financial or tangible advantage over
other design-build |
3 | | entities in the preparation, evaluation, or performance of
the
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4 | | design-build contract or that create the appearance of |
5 | | impropriety. No design-build proposal shall be considered that |
6 | | does not include an entity's plan to comply with the |
7 | | requirements established in the minority and women business |
8 | | enterprises and economically disadvantaged firms established |
9 | | by the corporate authorities of the Commission and with |
10 | | Section 2-105 of the Illinois Human Rights Act.
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11 | | Upon completion of the qualifications evaluation, the |
12 | | Commission shall
create a shortlist of the most highly |
13 | | qualified design-build entities. The
Commission, in its |
14 | | discretion, is not required to shortlist the
maximum number of
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15 | | entities as identified for Phase II evaluation, provided |
16 | | however, no less than
2
design-build entities nor more than 6 |
17 | | are selected to submit Phase II
proposals.
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18 | | The Commission shall notify the entities selected for the
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19 | | shortlist in
writing. This notification shall commence the |
20 | | period for the preparation of the
Phase II technical and cost |
21 | | evaluations. The Commission must
allow sufficient
time for the |
22 | | shortlist entities to prepare their Phase II submittals
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23 | | considering
the scope and detail requested by the Commission.
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24 | | (c) The Commission shall include in the request for |
25 | | proposal
the
evaluating factors to be used in the technical |
26 | | and cost submission components
of Phase II. Each request for |
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1 | | proposal shall establish, for both the technical
and cost |
2 | | submission components of Phase II, the relative importance |
3 | | assigned to
each evaluation factor and subfactor, including |
4 | | any weighting of criteria to be
employed by the Commission. |
5 | | The Commission must
maintain a record of the
evaluation |
6 | | scoring to be disclosed in event of a protest regarding the
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7 | | solicitation.
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8 | | The Commission shall include the following criteria in |
9 | | every
Phase II
technical evaluation of design-build entities: |
10 | | (1) compliance with objectives
of
the
project; (2) compliance |
11 | | of proposed services to the request for proposal
requirements; |
12 | | (3) quality of products or materials proposed; (4) quality of
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13 | | design parameters; (5) design concepts; (6) innovation in |
14 | | meeting the scope and
performance criteria; and (7) |
15 | | constructability of the
proposed project. The Commission may |
16 | | include any additional
relevant
technical evaluation factors |
17 | | it deems necessary for proper selection.
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18 | | The Commission shall include the following criteria in |
19 | | every
Phase II cost
evaluation: the guaranteed maximum project |
20 | | cost and the time of
completion. The Commission may include |
21 | | any additional relevant
technical
evaluation factors it deems |
22 | | necessary for proper selection. The guaranteed maximum project |
23 | | cost criteria weighing factor shall not exceed 30%.
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24 | | The Commission shall directly employ or retain a licensed
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25 | | design
professional to evaluate the technical and cost |
26 | | submissions to determine if the
technical submissions are in |
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1 | | accordance with generally
accepted industry standards.
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2 | | Upon completion of the technical submissions and cost |
3 | | submissions evaluation,
the Commission may award the |
4 | | design-build contract to the
highest
overall ranked entity.
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5 | | (d) This Section is repealed on July 1, 2025 June 1, 2023 ; |
6 | | provided that any design-build contracts entered into before |
7 | | such date or any procurement of a project under this Act |
8 | | commenced before such date, and the contracts resulting from |
9 | | those procurements, shall remain effective.
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10 | | (Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, |
11 | | eff. 8-23-19.) |
12 | | (50 ILCS 20/20.10) |
13 | | (Section scheduled to be repealed on June 1, 2023)
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14 | | Sec. 20.10. Small design-build projects. In any case |
15 | | where the total overall cost of the
project is estimated to be |
16 | | less than $12,000,000, the Commission
may combine
the |
17 | | two-phase procedure for design-build selection described in |
18 | | Section 20.5 into one combined
step, provided that all the |
19 | | requirements of evaluation are performed in
accordance with |
20 | | Section 20.5. |
21 | | This Section is repealed on July 1, 2025 June 1, 2023 ; |
22 | | provided that any design-build contracts entered into before |
23 | | such date or any procurement of a project under this Act |
24 | | commenced before such date, and the contracts resulting from |
25 | | those procurements, shall remain effective.
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1 | | (Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, |
2 | | eff. 8-23-19.) |
3 | | (50 ILCS 20/20.15) |
4 | | (Section scheduled to be repealed on June 1, 2023)
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5 | | Sec. 20.15. Submission of design-build proposals. |
6 | | Design-build proposals must be properly identified
and sealed. |
7 | | Proposals may not be reviewed until after the deadline for
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8 | | submission has passed as set forth in the request for |
9 | | proposals. All
design-build entities submitting proposals |
10 | | shall be disclosed after the
deadline
for submission, and all |
11 | | design-build entities who are selected for Phase II
evaluation |
12 | | shall also be disclosed at the time of that determination. |
13 | | Phase II design-build proposals shall include a bid bond |
14 | | in the form and security as designated in
the request for |
15 | | proposals. Proposals shall also contain a separate sealed
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16 | | envelope with the cost information within the overall proposal |
17 | | submission.
Proposals shall include a list of all design |
18 | | professionals and other entities
to which any work identified |
19 | | in Section 30-30 of the Illinois Procurement Code as a |
20 | | subdivision of construction work may be subcontracted during |
21 | | the performance of the contract.
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22 | | Proposals must meet all material requirements of the |
23 | | request for proposal or
they may be rejected as |
24 | | non-responsive. The Commission shall
have the right
to reject |
25 | | any and all proposals.
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1 | | The drawings and specifications of any unsuccessful |
2 | | design-build proposal shall remain the property of
the |
3 | | design-build entity.
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4 | | The Commission shall review the proposals for compliance |
5 | | with
the
performance criteria and evaluation factors.
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6 | | Proposals may be withdrawn prior to the due date and time |
7 | | for submissions for any cause. After
evaluation begins by the |
8 | | Commission, clear and convincing
evidence of error
is required |
9 | | for withdrawal.
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10 | | This Section is repealed on July 1, 2025 June 1, 2023 ; |
11 | | provided that any design-build contracts entered into before |
12 | | such date or any procurement of a project under this Act |
13 | | commenced before such date, and the contracts resulting from |
14 | | those procurements, shall remain effective.
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15 | | (Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, |
16 | | eff. 8-23-19.) |
17 | | (50 ILCS 20/20.20) |
18 | | (Section scheduled to be repealed on June 1, 2023)
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19 | | Sec. 20.20. Design-build award. The Commission may award a |
20 | | design-build contract to
the highest
overall ranked entity. |
21 | | Notice of award shall be made in writing. Unsuccessful
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22 | | entities shall also be notified in writing. The Commission may
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23 | | not request a
best and final offer after the receipt of |
24 | | proposals. The Commission may
negotiate with the selected |
25 | | design-build entity after award but prior to
contract
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1 | | execution for the purpose of securing better terms than |
2 | | originally proposed,
provided that the salient features of the |
3 | | request for proposal are not
diminished. |
4 | | This Section is repealed on July 1, 2025 June 1, 2023 ; |
5 | | provided that any design-build contracts entered into before |
6 | | such date or any procurement of a project under this Act |
7 | | commenced before such date, and the contracts resulting from |
8 | | those procurements, shall remain effective.
|
9 | | (Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, |
10 | | eff. 8-23-19.) |
11 | | (50 ILCS 20/20.25) |
12 | | (Section scheduled to be repealed on June 1, 2023)
|
13 | | Sec. 20.25. Minority and female owned enterprises; total |
14 | | construction budget. |
15 | | (a) Each year, within 60 days following the end of a |
16 | | commission's fiscal year, the commission shall provide a |
17 | | report to the General Assembly addressing the utilization of |
18 | | minority and female owned business enterprises on design-build |
19 | | projects. |
20 | | (b) The payments for design-build projects by any |
21 | | commission in one fiscal year shall not exceed 50% of the |
22 | | moneys spent on construction projects during the same fiscal |
23 | | year. |
24 | | (c) This Section is repealed on July 1, 2025 June 1, 2023 ; |
25 | | provided that any design-build contracts entered into before |
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1 | | such date or any procurement of a project under this Act |
2 | | commenced before such date, and the contracts resulting from |
3 | | those procurements, shall remain effective.
|
4 | | (Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, |
5 | | eff. 8-23-19.) |
6 | | Section 7. The University of Illinois Act is amended by |
7 | | changing Section 115 as follows:
|
8 | | (110 ILCS 305/115)
|
9 | | (Section scheduled to be repealed on January 1, 2024) |
10 | | Sec. 115. Water rates report. |
11 | | (a) Subject to appropriation, no later than June 30, 2023 |
12 | | December 1, 2022 , the Government Finance Research Center at |
13 | | the University of Illinois at Chicago, in coordination with an |
14 | | intergovernmental advisory committee, must issue a report |
15 | | evaluating the setting of water rates throughout the Lake |
16 | | Michigan service area of northeastern Illinois and, no later |
17 | | than December 31 1 , 2024 2023 , for the remainder of Illinois. |
18 | | The report must provide recommendations for policy and |
19 | | regulatory needs at the State and local level based on its |
20 | | findings. The report shall, at a minimum, address all of the |
21 | | following areas: |
22 | | (1) The components of a water bill. |
23 | | (2) Reasons for increases in water rates. |
24 | | (3) The definition of affordability throughout the |
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| | SB0089 Enrolled | - 20 - | LRB103 05113 BMS 50127 b |
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1 | | State and any variances to that definition. |
2 | | (4) Evidence of rate-setting that utilizes |
3 | | inappropriate practices. |
4 | | (5) The extent to which State or local policies drive |
5 | | cost increases or variations in rate-settings. |
6 | | (6) Challenges within economically disadvantaged |
7 | | communities in setting water rates. |
8 | | (7) Opportunities for increased intergovernmental |
9 | | coordination for setting equitable water rates. |
10 | | (b) In developing the report under this Section, the |
11 | | Government Finance Research Center shall form an advisory |
12 | | committee, which shall be composed of all of the following |
13 | | members: |
14 | | (1) The Director of the Environmental Protection |
15 | | Agency, or his or her designee. |
16 | | (2) The Director of Natural Resources, or his or her |
17 | | designee. |
18 | | (3) The Director of Commerce and Economic Opportunity, |
19 | | or his or her designee. |
20 | | (4) The Attorney General, or his or her designee. |
21 | | (5) At least 2 members who are representatives of |
22 | | private water utilities operating in Illinois, appointed |
23 | | by the Director of the Government Finance Research Center. |
24 | | (6) At least 4 members who are representatives of |
25 | | municipal water utilities, appointed by the Director of |
26 | | the Government Finance Research Center. |
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| | SB0089 Enrolled | - 21 - | LRB103 05113 BMS 50127 b |
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1 | | (7) One member who is a representative of an |
2 | | environmental justice advocacy organization, appointed by |
3 | | the Director of the Government Finance Research Center. |
4 | | (8) One member who is a representative of a consumer |
5 | | advocacy organization, appointed by the Director of the |
6 | | Government Finance Research Center. |
7 | | (9) One member who is a representative of an |
8 | | environmental planning organization that serves |
9 | | northeastern Illinois, appointed by the Director of the |
10 | | Government Finance Research Center. |
11 | | (10) The Director of the Illinois State Water Survey, |
12 | | or his or her designee. |
13 | | (11) The Chairperson of the Illinois Commerce |
14 | | Commission, or his or her designee. |
15 | | (c) After all members are appointed, the committee shall |
16 | | hold its first meeting at the call of the Director of the |
17 | | Government Finance Research Center, at which meeting the |
18 | | members shall select a chairperson from among themselves. |
19 | | After its first meeting, the committee shall meet at the call |
20 | | of the chairperson. Members of the committee shall serve |
21 | | without compensation but may be reimbursed for their |
22 | | reasonable and necessary expenses incurred in performing their |
23 | | duties. The Government Finance Research Center shall provide |
24 | | administrative and other support to the committee. |
25 | | (d) (Blank.) No later than 60 days after August 23, 2019 |
26 | | (the effective date of Public Act 101-562), the Government |
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1 | | Finance Research Center must provide an opportunity for public |
2 | | comment on the questions to be addressed in the report, the |
3 | | metrics to be used, and the recommendations that need to be |
4 | | issued. |
5 | | (e) This Section is repealed on January 1, 2025 2024 .
|
6 | | (Source: P.A. 101-562, eff. 8-23-19; 102-507, eff. 8-20-21; |
7 | | 102-558, eff. 8-20-21.)
|
8 | | Section 9. The Sports Wagering Act is amended by changing |
9 | | Section 25-25 as follows: |
10 | | (230 ILCS 45/25-25)
|
11 | | Sec. 25-25. Sports wagering authorized. |
12 | | (a) Notwithstanding any provision of law to the contrary, |
13 | | the operation of sports wagering is only lawful when conducted |
14 | | in accordance with the provisions of this Act and the rules of |
15 | | the Illinois Gaming Board and the Department of the Lottery. |
16 | | (b) A person placing a wager under this Act shall be at |
17 | | least 21 years of age. |
18 | | (c) A licensee under this Act may not accept a wager on a |
19 | | minor league sports event. |
20 | | (d) Except as otherwise provided in this Section, a |
21 | | licensee under this Act may not accept a wager for a sports |
22 | | event involving an Illinois collegiate team. |
23 | | (d-5) Beginning on the effective date of this amendatory |
24 | | Act of the 102nd General Assembly until July 1, 2024 July 1, |
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1 | | 2023 , a licensee under this Act may accept a wager for a sports |
2 | | event involving an Illinois collegiate team if: |
3 | | (1) the wager is a tier 1 wager; |
4 | | (2) the wager is not related to an individual |
5 | | athlete's performance; and |
6 | | (3) the wager is made in person instead of over the |
7 | | Internet or through a mobile application. |
8 | | (e) A licensee under this Act may only accept a wager from |
9 | | a person physically located in the State. |
10 | | (f) Master sports wagering licensees may use any data |
11 | | source for determining the results of all tier 1 sports |
12 | | wagers. |
13 | | (g) A sports governing body headquartered in the United |
14 | | States may notify the Board that it desires to supply official |
15 | | league data to master sports wagering licensees for |
16 | | determining the results of tier 2 sports wagers. Such |
17 | | notification shall be made in the form and manner as the Board |
18 | | may require. If a sports governing body does not notify the |
19 | | Board of its desire to supply official league data, a master |
20 | | sports wagering licensee may use any data source for |
21 | | determining the results of any and all tier 2 sports wagers on |
22 | | sports contests for that sports governing body. |
23 | | Within 30 days of a sports governing body notifying the |
24 | | Board, master sports wagering licensees shall use only |
25 | | official league data to determine the results of tier 2 sports |
26 | | wagers on sports events sanctioned by that sports governing |
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1 | | body, unless: (1) the sports governing body or designee cannot |
2 | | provide a feed of official league data to determine the |
3 | | results of a particular type of tier 2 sports wager, in which |
4 | | case master sports wagering licensees may use any data source |
5 | | for determining the results of the applicable tier 2 sports |
6 | | wager until such time as such data feed becomes available on |
7 | | commercially reasonable terms; or (2) a master sports wagering |
8 | | licensee can demonstrate to the Board that the sports |
9 | | governing body or its designee cannot provide a feed of |
10 | | official league data to the master sports wagering licensee on |
11 | | commercially reasonable terms. During the pendency of the |
12 | | Board's determination, such master sports wagering licensee |
13 | | may use any data source for determining the results of any and |
14 | | all tier 2 sports wagers. |
15 | | (h) A licensee under this Act may not accept wagers on a |
16 | | kindergarten through 12th grade sports event.
|
17 | | (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.) |
18 | | Section 11. The Liquor Control Act of 1934 is amended by |
19 | | changing Section 6-28.8 as follows: |
20 | | (235 ILCS 5/6-28.8) |
21 | | (Section scheduled to be repealed on January 3, 2024) |
22 | | Sec. 6-28.8. Delivery and carry out of mixed drinks |
23 | | permitted. |
24 | | (a) In this Section: |
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1 | | "Cocktail" or "mixed drink" means any beverage obtained by |
2 | | combining ingredients alcoholic in nature, whether brewed, |
3 | | fermented, or distilled, with ingredients non-alcoholic in |
4 | | nature, such as fruit juice, lemonade, cream, or a carbonated |
5 | | beverage. |
6 | | "Original container" means, for the purposes of this |
7 | | Section only, a container that is (i) filled, sealed, and |
8 | | secured by a retail licensee's employee at the retail |
9 | | licensee's location with a tamper-evident lid or cap or (ii)
|
10 | | filled and labeled by the manufacturer and secured by the
|
11 | | manufacturer's original unbroken seal. |
12 | | "Sealed container" means a rigid container that contains a |
13 | | mixed drink or a single serving of wine, is new, has never been |
14 | | used, has a secured lid or cap designed to prevent consumption |
15 | | without removal of the lid or cap, and is tamper-evident. |
16 | | "Sealed container" includes a manufacturer's
original |
17 | | container as defined in this subsection. "Sealed container" |
18 | | does not include a container with a lid with sipping holes or |
19 | | openings for straws or a container made of plastic, paper, or |
20 | | polystyrene foam. |
21 | | "Tamper-evident" means a lid or cap that has been sealed |
22 | | with tamper-evident covers, including, but not limited to, wax |
23 | | dip or heat shrink wrap. |
24 | | (b) A cocktail, mixed drink, or single serving of wine |
25 | | placed in a sealed container by a retail licensee at the retail |
26 | | licensee's location or a manufacturer's original container may |
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1 | | be transferred and sold for off-premises consumption if the |
2 | | following requirements are met: |
3 | | (1) the cocktail, mixed drink, or single serving of
|
4 | | wine is transferred within the licensed premises, by a |
5 | | curbside pickup, or by delivery by an employee of the |
6 | | retail licensee who: |
7 | | (A) has been trained in accordance with Section |
8 | | 6-27.1 at the time of the sale; |
9 | | (B) is at least 21 years of age; and |
10 | | (C) upon delivery, verifies the age of the person |
11 | | to whom the cocktail, mixed drink, or single serving |
12 | | of wine is being delivered; |
13 | | (2) if the employee delivering the cocktail, mixed |
14 | | drink, or single serving of wine is not able to safely |
15 | | verify
a person's age or level of intoxication upon |
16 | | delivery, the employee shall cancel the sale of alcohol |
17 | | and return the product to the retail license holder; |
18 | | (3) the sealed container is placed in the trunk of the |
19 | | vehicle or if there is no trunk, in the vehicle's rear |
20 | | compartment that is not readily accessible to the |
21 | | passenger area; |
22 | | (4) except for a manufacturer's original container, a |
23 | | container filled and sealed at a
retail licensee's |
24 | | location shall be affixed with a label or tag that |
25 | | contains the following information: |
26 | | (A) the cocktail or mixed drink ingredients, type, |
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1 | | and name of the alcohol; |
2 | | (B) the name, license number, and address of the |
3 | | retail licensee that filled the original container and |
4 | | sold the product; |
5 | | (C) the volume of the cocktail, mixed drink, or |
6 | | single serving of wine in the sealed container; and |
7 | | (D) the sealed container was filled less than 7 |
8 | | days before the date of sale; and |
9 | | (5) a manufacturer's original container shall be
|
10 | | affixed with a label or tag that contains the name,
|
11 | | license number, and address of the retail licensee that
|
12 | | sold the product. |
13 | | (c) Third-party delivery services are not permitted to |
14 | | deliver cocktails and mixed drinks under this Section. |
15 | | (d) If there is an executive order of the Governor in |
16 | | effect during a disaster, the employee delivering the mixed |
17 | | drink, cocktail, or single serving of wine must comply with |
18 | | any requirements of that executive order, including, but not |
19 | | limited to, wearing gloves and a mask and maintaining |
20 | | distancing requirements when interacting with the public. |
21 | | (e) Delivery or carry out of a cocktail, mixed drink, or |
22 | | single serving of wine is prohibited if: |
23 | | (1) a third party delivers the cocktail or mixed |
24 | | drink; |
25 | | (2) a container of a mixed drink, cocktail, or single |
26 | | serving of wine is not tamper-evident and sealed; |
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1 | | (3) a container of a mixed drink, cocktail, or single |
2 | | serving of wine is transported in the passenger area of a |
3 | | vehicle; |
4 | | (4) a mixed drink, cocktail, or single serving of wine |
5 | | is delivered by a person or to a person who is under the |
6 | | age of 21; or |
7 | | (5) the person delivering a mixed drink, cocktail, or |
8 | | single serving of wine fails to verify the age of the |
9 | | person to whom the mixed drink or cocktail is being |
10 | | delivered. |
11 | | (f) Violations of this Section shall be subject to any |
12 | | applicable penalties, including, but not limited to, the |
13 | | penalties specified under Section 11-502 of the Illinois |
14 | | Vehicle Code. |
15 | | (f-5) This Section is not intended to prohibit or preempt |
16 | | the ability of a brew pub, tap room, or distilling pub to |
17 | | continue to temporarily deliver alcoholic liquor pursuant to |
18 | | guidance issued by the State Commission on March 19, 2020 |
19 | | entitled "Illinois Liquor Control Commission, COVID-19 Related |
20 | | Actions, Guidance on Temporary Delivery of Alcoholic Liquor". |
21 | | This Section shall only grant authorization to holders of |
22 | | State of Illinois retail liquor licenses but not to licensees |
23 | | that simultaneously hold any licensure or privilege to |
24 | | manufacture alcoholic liquors within or outside of the State |
25 | | of Illinois. |
26 | | (g) This Section is not a denial or limitation of home rule |
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1 | | powers and functions under Section 6 of Article VII of the |
2 | | Illinois Constitution. |
3 | | (h) This Section is repealed on August 1, 2028 January 3, |
4 | | 2024 .
|
5 | | (Source: P.A. 101-631, eff. 6-2-20; 102-8, eff. 6-2-21.) |
6 | | Section 12. The Clerks of Courts Act is amended by |
7 | | changing Section 27.1b as follows: |
8 | | (705 ILCS 105/27.1b) |
9 | | (Section scheduled to be repealed on January 1, 2024) |
10 | | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any |
11 | | other provision of law, all fees charged by the clerks of the |
12 | | circuit court for the services described in this Section shall |
13 | | be established, collected, and disbursed in accordance with |
14 | | this Section. Except as otherwise specified in this Section, |
15 | | all fees under this Section shall be paid in advance and |
16 | | disbursed by each clerk on a monthly basis. In a county with a |
17 | | population of over 3,000,000, units of local government and |
18 | | school districts shall not be required to pay fees under this |
19 | | Section in advance and the clerk shall instead send an |
20 | | itemized bill to the unit of local government or school |
21 | | district, within 30 days of the fee being incurred, and the |
22 | | unit of local government or school district shall be allowed |
23 | | at least 30 days from the date of the itemized bill to pay; |
24 | | these payments shall be disbursed by each clerk on a monthly |
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1 | | basis. Unless otherwise specified in this Section, the amount |
2 | | of a fee shall be determined by ordinance or resolution of the |
3 | | county board and remitted to the county treasurer to be used |
4 | | for purposes related to the operation of the court system in |
5 | | the county. In a county with a population of over 3,000,000, |
6 | | any amount retained by the clerk of the circuit court or |
7 | | remitted to the county treasurer shall be subject to |
8 | | appropriation by the county board. |
9 | | (a) Civil cases. The fee for filing a complaint, petition, |
10 | | or other pleading initiating a civil action shall be as set |
11 | | forth in the applicable schedule under this subsection in |
12 | | accordance with case categories established by the Supreme |
13 | | Court in schedules. |
14 | | (1) SCHEDULE 1: not to exceed a total of $366 in a |
15 | | county with a population of 3,000,000 or more and not to |
16 | | exceed $316 in any other county, except as applied to |
17 | | units of local government and school districts in counties |
18 | | with more than 3,000,000 inhabitants an amount not to |
19 | | exceed $190 through December 31, 2021 and $184 on and |
20 | | after January 1, 2022. The fees collected under this |
21 | | schedule shall be disbursed as follows: |
22 | | (A) The clerk shall retain a sum, in an amount not |
23 | | to exceed $55 in a county with a population of |
24 | | 3,000,000 or more and in an amount not to exceed $45 in |
25 | | any other county determined by the clerk with the |
26 | | approval of the Supreme Court, to be used for court |
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1 | | automation, court document storage, and administrative |
2 | | purposes. |
3 | | (B) The clerk shall remit up to $21 to the State |
4 | | Treasurer. The State Treasurer shall deposit the |
5 | | appropriate amounts, in accordance with the clerk's |
6 | | instructions, as follows: |
7 | | (i) up to $10, as specified by the Supreme |
8 | | Court in accordance with Part 10A of Article II of |
9 | | the Code of Civil Procedure, into the Mandatory |
10 | | Arbitration Fund; |
11 | | (ii) $2 into the Access to Justice Fund; and |
12 | | (iii) $9 into the Supreme Court Special |
13 | | Purposes Fund. |
14 | | (C) The clerk shall remit a sum to the County |
15 | | Treasurer, in an amount not to exceed $290 in a county |
16 | | with a population of 3,000,000 or more and in an amount |
17 | | not to exceed $250 in any other county, as specified by |
18 | | ordinance or resolution passed by the county board, |
19 | | for purposes related to the operation of the court |
20 | | system in the county. |
21 | | (2) SCHEDULE 2: not to exceed a total of $357 in a |
22 | | county with a population of 3,000,000 or more and not to |
23 | | exceed $266 in any other county, except as applied to |
24 | | units of local government and school districts in counties |
25 | | with more than 3,000,000 inhabitants an amount not to |
26 | | exceed $190 through December 31, 2021 and $184 on and |
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1 | | after January 1, 2022. The fees collected under this |
2 | | schedule shall be disbursed as follows: |
3 | | (A) The clerk shall retain a sum, in an amount not |
4 | | to exceed $55 in a county with a population of |
5 | | 3,000,000 or more and in an amount not to exceed $45 in |
6 | | any other county determined by the clerk with the |
7 | | approval of the Supreme Court, to be used for court |
8 | | automation, court document storage, and administrative |
9 | | purposes. |
10 | | (B) The clerk shall remit up to $21 to the State |
11 | | Treasurer. The State Treasurer shall deposit the |
12 | | appropriate amounts, in accordance with the clerk's |
13 | | instructions, as follows: |
14 | | (i) up to $10, as specified by the Supreme |
15 | | Court in accordance with Part 10A of Article II of |
16 | | the Code of Civil Procedure, into the Mandatory |
17 | | Arbitration Fund; |
18 | | (ii) $2 into the Access to Justice Fund: and |
19 | | (iii) $9 into the Supreme Court Special |
20 | | Purposes Fund. |
21 | | (C) The clerk shall remit a sum to the County |
22 | | Treasurer, in an amount not to exceed $281 in a county |
23 | | with a population of 3,000,000 or more and in an amount |
24 | | not to exceed $200 in any other county, as specified by |
25 | | ordinance or resolution passed by the county board, |
26 | | for purposes related to the operation of the court |
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1 | | system in the county. |
2 | | (3) SCHEDULE 3: not to exceed a total of $265 in a |
3 | | county with a population of 3,000,000 or more and not to |
4 | | exceed $89 in any other county, except as applied to units |
5 | | of local government and school districts in counties with |
6 | | more than 3,000,000 inhabitants an amount not to exceed |
7 | | $190 through December 31, 2021 and $184 on and after |
8 | | January 1, 2022. The fees collected under this schedule |
9 | | shall be disbursed as follows: |
10 | | (A) The clerk shall retain a sum, in an amount not |
11 | | to exceed $55 in a county with a population of |
12 | | 3,000,000 or more and in an amount not to exceed $22 in |
13 | | any other county determined by the clerk with the |
14 | | approval of the Supreme Court, to be used for court |
15 | | automation, court document storage, and administrative |
16 | | purposes. |
17 | | (B) The clerk shall remit $11 to the State |
18 | | Treasurer. The State Treasurer shall deposit the |
19 | | appropriate amounts in accordance with the clerk's |
20 | | instructions, as follows: |
21 | | (i) $2 into the Access to Justice Fund; and |
22 | | (ii) $9 into the Supreme Court Special |
23 | | Purposes Fund. |
24 | | (C) The clerk shall remit a sum to the County |
25 | | Treasurer, in an amount not to exceed $199 in a county |
26 | | with a population of 3,000,000 or more and in an amount |
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1 | | not to exceed $56 in any other county, as specified by |
2 | | ordinance or resolution passed by the county board, |
3 | | for purposes related to the operation of the court |
4 | | system in the county. |
5 | | (4) SCHEDULE 4: $0. |
6 | | (b) Appearance. The fee for filing an appearance in a |
7 | | civil action, including a cannabis civil law action under the |
8 | | Cannabis Control Act, shall be as set forth in the applicable |
9 | | schedule under this subsection in accordance with case |
10 | | categories established by the Supreme Court in schedules. |
11 | | (1) SCHEDULE 1: not to exceed a total of $230 in a |
12 | | county with a population of 3,000,000 or more and not to |
13 | | exceed $191 in any other county, except as applied to |
14 | | units of local government and school districts in counties |
15 | | with more than 3,000,000 inhabitants an amount not to |
16 | | exceed $75. The fees collected under this schedule shall |
17 | | be disbursed as follows: |
18 | | (A) The clerk shall retain a sum, in an amount not |
19 | | to exceed $50 in a county with a population of |
20 | | 3,000,000 or more and in an amount not to exceed $45 in |
21 | | any other county determined by the clerk with the |
22 | | approval of the Supreme Court, to be used for court |
23 | | automation, court document storage, and administrative |
24 | | purposes. |
25 | | (B) The clerk shall remit up to $21 to the State |
26 | | Treasurer. The State Treasurer shall deposit the |
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1 | | appropriate amounts, in accordance with the clerk's |
2 | | instructions, as follows: |
3 | | (i) up to $10, as specified by the Supreme |
4 | | Court in accordance with Part 10A of Article II of |
5 | | the Code of Civil Procedure, into the Mandatory |
6 | | Arbitration Fund; |
7 | | (ii) $2 into the Access to Justice Fund; and |
8 | | (iii) $9 into the Supreme Court Special |
9 | | Purposes Fund. |
10 | | (C) The clerk shall remit a sum to the County |
11 | | Treasurer, in an amount not to exceed $159 in a county |
12 | | with a population of 3,000,000 or more and in an amount |
13 | | not to exceed $125 in any other county, as specified by |
14 | | ordinance or resolution passed by the county board, |
15 | | for purposes related to the operation of the court |
16 | | system in the county. |
17 | | (2) SCHEDULE 2: not to exceed a total of $130 in a |
18 | | county with a population of 3,000,000 or more and not to |
19 | | exceed $109 in any other county, except as applied to |
20 | | units of local government and school districts in counties |
21 | | with more than 3,000,000 inhabitants an amount not to |
22 | | exceed $75. The fees collected under this schedule shall |
23 | | be disbursed as follows: |
24 | | (A) The clerk shall retain a sum, in an amount not |
25 | | to exceed $50 in a county with a population of |
26 | | 3,000,000 or more and in an amount not to exceed $10 in |
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1 | | any other county determined by the clerk with the |
2 | | approval of the Supreme Court, to be used for court |
3 | | automation, court document storage, and administrative |
4 | | purposes. |
5 | | (B) The clerk shall remit $9 to the State |
6 | | Treasurer, which the State Treasurer shall deposit |
7 | | into the Supreme Court Special Purposes Fund. |
8 | | (C) The clerk shall remit a sum to the County |
9 | | Treasurer, in an amount not to exceed $71 in a county |
10 | | with a population of 3,000,000 or more and in an amount |
11 | | not to exceed $90 in any other county, as specified by |
12 | | ordinance or resolution passed by the county board, |
13 | | for purposes related to the operation of the court |
14 | | system in the county. |
15 | | (3) SCHEDULE 3: $0. |
16 | | (b-5) Kane County and Will County. In Kane County and Will |
17 | | County civil cases, there is an additional fee of up to $30 as |
18 | | set by the county board under Section 5-1101.3 of the Counties |
19 | | Code to be paid by each party at the time of filing the first |
20 | | pleading, paper, or other appearance; provided that no |
21 | | additional fee shall be required if more than one party is |
22 | | represented in a single pleading, paper, or other appearance. |
23 | | Distribution of fees collected under this subsection (b-5) |
24 | | shall be as provided in Section 5-1101.3 of the Counties Code. |
25 | | (c) Counterclaim or third party complaint. When any |
26 | | defendant files a counterclaim or third party complaint, as |
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1 | | part of the defendant's answer or otherwise, the defendant |
2 | | shall pay a filing fee for each counterclaim or third party |
3 | | complaint in an amount equal to the filing fee the defendant |
4 | | would have had to pay had the defendant brought a separate |
5 | | action for the relief sought in the counterclaim or third |
6 | | party complaint, less the amount of the appearance fee, if |
7 | | any, that the defendant has already paid in the action in which |
8 | | the counterclaim or third party complaint is filed. |
9 | | (d) Alias summons. The clerk shall collect a fee not to |
10 | | exceed $6 in a county with a population of 3,000,000 or more |
11 | | and not to exceed $5 in any other county for each alias summons |
12 | | or citation issued by the clerk, except as applied to units of |
13 | | local government and school districts in counties with more |
14 | | than 3,000,000 inhabitants an amount not to exceed $5 for each |
15 | | alias summons or citation issued by the clerk. |
16 | | (e) Jury services. The clerk shall collect, in addition to |
17 | | other fees allowed by law, a sum not to exceed $212.50, as a |
18 | | fee for the services of a jury in every civil action not |
19 | | quasi-criminal in its nature and not a proceeding for the |
20 | | exercise of the right of eminent domain and in every other |
21 | | action wherein the right of trial by jury is or may be given by |
22 | | law. The jury fee shall be paid by the party demanding a jury |
23 | | at the time of filing the jury demand. If the fee is not paid |
24 | | by either party, no jury shall be called in the action or |
25 | | proceeding, and the action or proceeding shall be tried by the |
26 | | court without a jury. |
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1 | | (f) Change of venue. In connection with a change of venue: |
2 | | (1) The clerk of the jurisdiction from which the case |
3 | | is transferred may charge a fee, not to exceed $40, for the |
4 | | preparation and certification of the record; and |
5 | | (2) The clerk of the jurisdiction to which the case is |
6 | | transferred may charge the same filing fee as if it were |
7 | | the commencement of a new suit. |
8 | | (g) Petition to vacate or modify. |
9 | | (1) In a proceeding involving a petition to vacate or |
10 | | modify any final judgment or order filed within 30 days |
11 | | after the judgment or order was entered, except for an |
12 | | eviction case, small claims case, petition to reopen an |
13 | | estate, petition to modify, terminate, or enforce a |
14 | | judgment or order for child or spousal support, or |
15 | | petition to modify, suspend, or terminate an order for |
16 | | withholding, the fee shall not exceed $60 in a county with |
17 | | a population of 3,000,000 or more and shall not exceed $50 |
18 | | in any other county, except as applied to units of local |
19 | | government and school districts in counties with more than |
20 | | 3,000,000 inhabitants an amount not to exceed $50. |
21 | | (2) In a proceeding involving a petition to vacate or |
22 | | modify any final judgment or order filed more than 30 days |
23 | | after the judgment or order was entered, except for a |
24 | | petition to modify, terminate, or enforce a judgment or |
25 | | order for child or spousal support, or petition to modify, |
26 | | suspend, or terminate an order for withholding, the fee |
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1 | | shall not exceed $75. |
2 | | (3) In a proceeding involving a motion to vacate or |
3 | | amend a final order, motion to vacate an ex parte |
4 | | judgment, judgment of forfeiture, or "failure to appear" |
5 | | or "failure to comply" notices sent to the Secretary of |
6 | | State, the fee shall equal $40. |
7 | | (h) Appeals preparation. The fee for preparation of a |
8 | | record on appeal shall be based on the number of pages, as |
9 | | follows: |
10 | | (1) if the record contains no more than 100 pages, the |
11 | | fee shall not exceed $70 in a county with a population of |
12 | | 3,000,000 or more and shall not exceed $50 in any other |
13 | | county; |
14 | | (2) if the record contains between 100 and 200 pages, |
15 | | the fee shall not exceed $100; and |
16 | | (3) if the record contains 200 or more pages, the |
17 | | clerk may collect an additional fee not to exceed 25 cents |
18 | | per page. |
19 | | (i) Remands. In any cases remanded to the circuit court |
20 | | from the Supreme Court or the appellate court for a new trial, |
21 | | the clerk shall reinstate the case with either its original |
22 | | number or a new number. The clerk shall not charge any new or |
23 | | additional fee for the reinstatement. Upon reinstatement, the |
24 | | clerk shall advise the parties of the reinstatement. Parties |
25 | | shall have the same right to a jury trial on remand and |
26 | | reinstatement that they had before the appeal, and no |
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1 | | additional or new fee or charge shall be made for a jury trial |
2 | | after remand. |
3 | | (j) Garnishment, wage deduction, and citation. In |
4 | | garnishment affidavit, wage deduction affidavit, and citation |
5 | | petition proceedings: |
6 | | (1) if the amount in controversy in the proceeding is |
7 | | not more than $1,000, the fee may not exceed $35 in a |
8 | | county with a population of 3,000,000 or more and may not |
9 | | exceed $15 in any other county, except as applied to units |
10 | | of local government and school districts in counties with |
11 | | more than 3,000,000 inhabitants an amount not to exceed |
12 | | $15; |
13 | | (2) if the amount in controversy in the proceeding is |
14 | | greater than $1,000 and not more than $5,000, the fee may |
15 | | not exceed $45 in a county with a population of 3,000,000 |
16 | | or more and may not exceed $30 in any other county, except |
17 | | as applied to units of local government and school |
18 | | districts in counties with more than 3,000,000 inhabitants |
19 | | an amount not to exceed $30; and |
20 | | (3) if the amount in controversy in the proceeding is |
21 | | greater than $5,000, the fee may not exceed $65 in a county |
22 | | with a population of 3,000,000 or more and may not exceed |
23 | | $50 in any other county, except as applied to units of |
24 | | local government and school districts in counties with |
25 | | more than 3,000,000 inhabitants an amount not to exceed |
26 | | $50. |
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1 | | (j-5) Debt collection. In any proceeding to collect a debt |
2 | | subject to the exception in item (ii) of subparagraph (A-5) of |
3 | | paragraph (1) of subsection (z) of this Section, the circuit |
4 | | court shall order and the clerk shall collect from each |
5 | | judgment debtor a fee of: |
6 | | (1) $35 if the amount in controversy in the proceeding |
7 | | is not more than $1,000; |
8 | | (2) $45 if the amount in controversy in the proceeding |
9 | | is greater than $1,000 and not more than $5,000; and |
10 | | (3) $65 if the amount in controversy in the proceeding |
11 | | is greater than $5,000. |
12 | | (k) Collections. |
13 | | (1) For all collections made of others, except the |
14 | | State and county and except in maintenance or child |
15 | | support cases, the clerk may collect a fee of up to 2.5% of |
16 | | the amount collected and turned over. |
17 | | (2) In child support and maintenance cases, the clerk |
18 | | may collect an annual fee of up to $36 from the person |
19 | | making payment for maintaining child support records and |
20 | | the processing of support orders to the State of Illinois |
21 | | KIDS system and the recording of payments issued by the |
22 | | State Disbursement Unit for the official record of the |
23 | | Court. This fee is in addition to and separate from |
24 | | amounts ordered to be paid as maintenance or child support |
25 | | and shall be deposited into a Separate Maintenance and |
26 | | Child Support Collection Fund, of which the clerk shall be |
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1 | | the custodian, ex officio, to be used by the clerk to |
2 | | maintain child support orders and record all payments |
3 | | issued by the State Disbursement Unit for the official |
4 | | record of the Court. The clerk may recover from the person |
5 | | making the maintenance or child support payment any |
6 | | additional cost incurred in the collection of this annual |
7 | | fee. |
8 | | (3) The clerk may collect a fee of $5 for |
9 | | certifications made to the Secretary of State as provided |
10 | | in Section 7-703 of the Illinois Vehicle Code, and this |
11 | | fee shall be deposited into the Separate Maintenance and |
12 | | Child Support Collection Fund. |
13 | | (4) In proceedings
to foreclose the lien of delinquent |
14 | | real estate taxes, State's Attorneys
shall receive a fee |
15 | | of 10%
of the total amount realized from the sale of real |
16 | | estate sold in the
proceedings. The clerk shall collect |
17 | | the fee from the total amount realized from
the sale of the |
18 | | real estate sold in the proceedings and remit to the |
19 | | County Treasurer to be credited to the earnings of the |
20 | | Office of the State's Attorney. |
21 | | (l) Mailing. The fee for the clerk mailing documents shall |
22 | | not exceed $10 plus the cost of postage. |
23 | | (m) Certified copies. The fee for each certified copy of a |
24 | | judgment, after the first copy, shall not exceed $10. |
25 | | (n) Certification, authentication, and reproduction. |
26 | | (1) The fee for each certification or authentication |
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1 | | for taking the acknowledgment of a deed or other |
2 | | instrument in writing with the seal of office shall not |
3 | | exceed $6. |
4 | | (2) The fee for reproduction of any document contained |
5 | | in the clerk's files shall not exceed: |
6 | | (A) $2 for the first page; |
7 | | (B) 50 cents per page for the next 19 pages; and |
8 | | (C) 25 cents per page for all additional pages. |
9 | | (o) Record search. For each record search, within a |
10 | | division or municipal district, the clerk may collect a search |
11 | | fee not to exceed $6 for each year searched. |
12 | | (p) Hard copy. For each page of hard copy print output, |
13 | | when case records are maintained on an automated medium, the |
14 | | clerk may collect a fee not to exceed $10 in a county with a |
15 | | population of 3,000,000 or more and not to exceed $6 in any |
16 | | other county, except as applied to units of local government |
17 | | and school districts in counties with more than 3,000,000 |
18 | | inhabitants an amount not to exceed $6. |
19 | | (q) Index inquiry and other records. No fee shall be |
20 | | charged for a single plaintiff and defendant index inquiry or |
21 | | single case record inquiry when this request is made in person |
22 | | and the records are maintained in a current automated medium, |
23 | | and when no hard copy print output is requested. The fees to be |
24 | | charged for management records, multiple case records, and |
25 | | multiple journal records may be specified by the Chief Judge |
26 | | pursuant to the guidelines for access and dissemination of |
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1 | | information approved by the Supreme Court. |
2 | | (r) Performing a marriage. There shall be a $10 fee for |
3 | | performing a marriage in court. |
4 | | (s) Voluntary assignment. For filing each deed of |
5 | | voluntary assignment, the clerk shall collect a fee not to |
6 | | exceed $20. For recording a deed of voluntary assignment, the |
7 | | clerk shall collect a fee not to exceed 50 cents for each 100 |
8 | | words. Exceptions filed to claims presented to an assignee of |
9 | | a debtor who has made a voluntary assignment for the benefit of |
10 | | creditors shall be considered and treated, for the purpose of |
11 | | taxing costs therein, as actions in which the party or parties |
12 | | filing the exceptions shall be considered as party or parties |
13 | | plaintiff, and the claimant or claimants as party or parties |
14 | | defendant, and those parties respectively shall pay to the |
15 | | clerk the same fees as provided by this Section to be paid in |
16 | | other actions. |
17 | | (t) Expungement petition. The clerk may collect a fee not |
18 | | to exceed $60 for each expungement petition filed and an |
19 | | additional fee not to exceed $4 for each certified copy of an |
20 | | order to expunge arrest records. |
21 | | (u) Transcripts of judgment. For the filing of a |
22 | | transcript of judgment, the clerk may collect the same fee as |
23 | | if it were the commencement of a new suit. |
24 | | (v) Probate filings. |
25 | | (1) For each account (other than one final account) |
26 | | filed in the estate of a decedent, or ward, the fee shall |
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1 | | not exceed $25. |
2 | | (2) For filing a claim in an estate when the amount |
3 | | claimed is greater than $150 and not more than $500, the |
4 | | fee shall not exceed $40 in a county with a population of |
5 | | 3,000,000 or more and shall not exceed $25 in any other |
6 | | county; when the amount claimed is greater than $500 and |
7 | | not more than $10,000, the fee shall not exceed $55 in a |
8 | | county with a population of 3,000,000 or more and shall |
9 | | not exceed $40 in any other county; and when the amount |
10 | | claimed is more than $10,000, the fee shall not exceed $75 |
11 | | in a county with a population of 3,000,000 or more and |
12 | | shall not exceed $60 in any other county; except the court |
13 | | in allowing a claim may add to the amount allowed the |
14 | | filing fee paid by the claimant. |
15 | | (3) For filing in an estate a claim, petition, or |
16 | | supplemental proceeding based upon an action seeking |
17 | | equitable relief including the construction or contest of |
18 | | a will, enforcement of a contract to make a will, and |
19 | | proceedings involving testamentary trusts or the |
20 | | appointment of testamentary trustees, the fee shall not |
21 | | exceed $60. |
22 | | (4) There shall be no fee for filing in an estate: (i) |
23 | | the appearance of any person for the purpose of consent; |
24 | | or (ii) the appearance of an executor, administrator, |
25 | | administrator to collect, guardian, guardian ad litem, or |
26 | | special administrator. |
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1 | | (5) For each jury demand, the fee shall not exceed |
2 | | $137.50. |
3 | | (6) For each certified copy of letters of office, of |
4 | | court order, or other certification, the fee shall not |
5 | | exceed
$2 per page. |
6 | | (7) For each exemplification, the fee shall not exceed |
7 | | $2, plus the fee for certification. |
8 | | (8) The executor, administrator, guardian, petitioner, |
9 | | or other interested person or his or her attorney shall |
10 | | pay the cost of publication by the clerk directly to the |
11 | | newspaper. |
12 | | (9) The person on whose behalf a charge is incurred |
13 | | for witness, court reporter, appraiser, or other |
14 | | miscellaneous fees shall pay the same directly to the |
15 | | person entitled thereto. |
16 | | (10) The executor, administrator, guardian, |
17 | | petitioner, or other interested person or his or her |
18 | | attorney shall pay to the clerk all postage charges |
19 | | incurred by the clerk in mailing petitions, orders, |
20 | | notices, or other documents pursuant to the provisions of |
21 | | the Probate Act of 1975. |
22 | | (w) Corrections of numbers. For correction of the case |
23 | | number, case title, or attorney computer identification |
24 | | number, if required by rule of court, on any document filed in |
25 | | the clerk's office, to be charged against the party that filed |
26 | | the document, the fee shall not exceed $25. |
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1 | | (x) Miscellaneous. |
2 | | (1) Interest earned on any fees collected by the clerk |
3 | | shall be turned over to the county general fund as an |
4 | | earning of the office. |
5 | | (2) For any check, draft, or other bank instrument |
6 | | returned to the clerk for non-sufficient funds, account |
7 | | closed, or payment stopped, the clerk shall collect a fee |
8 | | of $25. |
9 | | (y) Other fees. Any fees not covered in this Section shall |
10 | | be set by rule or administrative order of the circuit court |
11 | | with the approval of the Administrative Office of the Illinois |
12 | | Courts. The clerk of the circuit court may provide services in |
13 | | connection with the operation of the clerk's office, other |
14 | | than those services mentioned in this Section, as may be |
15 | | requested by the public and agreed to by the clerk and approved |
16 | | by the Chief Judge. Any charges for additional services shall |
17 | | be as agreed to between the clerk and the party making the |
18 | | request and approved by the Chief Judge. Nothing in this |
19 | | subsection shall be construed to require any clerk to provide |
20 | | any service not otherwise required by law. |
21 | | (y-5) Unpaid fees. Unless a court ordered payment schedule |
22 | | is implemented or the fee
requirements of this Section are |
23 | | waived under a court order, the clerk of
the circuit court may |
24 | | add to any unpaid fees and costs under this Section a |
25 | | delinquency
amount equal to 5% of the unpaid fees that remain |
26 | | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid |
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1 | | after 60 days, and 15% of the unpaid fees
that remain unpaid |
2 | | after 90 days. Notice to those parties may be made by
signage |
3 | | posting or publication. The additional delinquency amounts |
4 | | collected under this Section shall
be deposited into the |
5 | | Circuit Court Clerk Operations and Administration Fund and |
6 | | used to defray additional administrative costs incurred by the |
7 | | clerk of the
circuit court in collecting unpaid fees and |
8 | | costs. |
9 | | (z) Exceptions. |
10 | | (1) No fee authorized by this Section shall apply to: |
11 | | (A) police departments or other law enforcement |
12 | | agencies. In this Section, "law enforcement agency" |
13 | | means: an agency of the State or agency of a unit of |
14 | | local government which is vested by law or ordinance |
15 | | with the duty to maintain public order and to enforce |
16 | | criminal laws or ordinances; the Attorney General; or |
17 | | any State's Attorney; |
18 | | (A-5) any unit of local government or school |
19 | | district, except in counties having a population of |
20 | | 500,000 or more the county board may by resolution set |
21 | | fees for units of local government or school districts |
22 | | no greater than the minimum fees applicable in |
23 | | counties with a population less than 3,000,000; |
24 | | provided however, no fee may be charged to any unit of |
25 | | local government or school district in connection with |
26 | | any action which, in whole or in part, is: (i) to |
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1 | | enforce an ordinance; (ii) to collect a debt; or (iii) |
2 | | under the Administrative Review Law; |
3 | | (B) any action instituted by the corporate |
4 | | authority of a municipality with more than 1,000,000 |
5 | | inhabitants under Section 11-31-1 of the Illinois |
6 | | Municipal Code and any action instituted under |
7 | | subsection (b) of Section 11-31-1 of the Illinois |
8 | | Municipal Code by a private owner or tenant of real |
9 | | property within 1,200 feet of a dangerous or unsafe |
10 | | building seeking an order compelling the owner or |
11 | | owners of the building to take any of the actions |
12 | | authorized under that subsection; |
13 | | (C) any commitment petition or petition for an |
14 | | order authorizing the administration of psychotropic |
15 | | medication or electroconvulsive therapy under the |
16 | | Mental Health and Developmental Disabilities Code; |
17 | | (D) a petitioner in any order of protection |
18 | | proceeding, including, but not limited to, fees for |
19 | | filing, modifying, withdrawing, certifying, or |
20 | | photocopying petitions for orders of protection, |
21 | | issuing alias summons, any related filing service, or |
22 | | certifying, modifying, vacating, or photocopying any |
23 | | orders of protection; or |
24 | | (E) proceedings for the appointment of a |
25 | | confidential intermediary under the Adoption Act. |
26 | | (2) No fee other than the filing fee contained in the |
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1 | | applicable schedule in subsection (a) shall be charged to |
2 | | any person in connection with an adoption proceeding. |
3 | | (3) Upon good cause shown, the court may waive any |
4 | | fees associated with a special needs adoption. The term |
5 | | "special needs adoption" has the meaning provided by the |
6 | | Illinois Department of Children and Family Services. |
7 | | (aa) This Section is repealed on January 1, 2024.
|
8 | | (Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; |
9 | | 102-278, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. |
10 | | 5-13-22.) |
11 | | (705 ILCS 135/20-5 rep.) |
12 | | Section 14. The Criminal and Traffic Assessment Act is |
13 | | amended by repealing Section 20-5. |
14 | | Section 15. The Criminal Code of 2012 is amended by |
15 | | changing Section 33G-9 as follows: |
16 | | (720 ILCS 5/33G-9) |
17 | | (Section scheduled to be repealed on June 11, 2023) |
18 | | Sec. 33G-9. Repeal. This Article is repealed on June 1, |
19 | | 2025 June 11, 2023 .
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20 | | (Source: P.A. 102-918, eff. 5-27-22.)
|
21 | | Section 99. Effective date. This Act takes effect upon |
22 | | becoming law. |