101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4951

 

Introduced 2/18/2020, by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 210/6  from Ch. 127, par. 1706
20 ILCS 665/4b
20 ILCS 1305/10-6 rep.
30 ILCS 105/6a  from Ch. 127, par. 142a
35 ILCS 5/507DDD
35 ILCS 5/507AA rep.
35 ILCS 5/507BB rep.
35 ILCS 5/507TT rep.
35 ILCS 405/13  from Ch. 120, par. 405A-13
235 ILCS 5/1-3.37 rep.
305 ILCS 40/Act rep.
705 ILCS 105/27.1b
705 ILCS 135/15-20
730 ILCS 5/5-9-1.22

    Amends the State Fair Act, the Illinois Promotion Act, the Department of Human Services Act, the State Finance Act, the Illinois Income Tax Act, the Illinois Estate and Generation-Skipping Transfer Tax Act, the Liquor Control Act of 1934, the Clerks of Courts Act, the Criminal and Traffic Assessment Act, and the Unified Code of Corrections to make various technical corrections. Effective immediately.


LRB101 18043 HLH 67481 b

 

 

A BILL FOR

 

HB4951LRB101 18043 HLH 67481 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Fair Act is amended by changing
5Section 6 as follows:
 
6    (20 ILCS 210/6)  (from Ch. 127, par. 1706)
7    Sec. 6. Policies, procedures, and powers concerning the
8operation of fairs.
9    (a) Policies. The Department shall, pursuant to the
10Illinois Administrative Procedure Act, establish by rule:
11        (1) the policy for the operation of the Illinois State
12    Fair and the DuQuoin State Fair, except those operations
13    regarding contests as provided for in subparagraphs (b) and
14    (c) of this Section, and
15        (2) the policies and procedures for the sale, barter,
16    or exchange of tickets and for ticket refunds for cancelled
17    events.
18    (b) Contests. The Department shall establish and make
19available, for all contestants and other interested persons,
20sufficient copies of a premium book or other publication that
21establishes the kinds and classes of events or exhibits for
22contests at the fairs, the conditions under which contestants
23shall be entered into contests, the qualification and

 

 

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1disqualification requirements of contests, the drug testing
2requirements for contests (if applicable), the premiums to be
3offered to contest winners, the manner in which certificates of
4award shall be distributed and premiums paid to contest
5winners, the penalty for violations of a rule, condition,
6instruction, or directive, and requirements of contests,
7including but not limited to the return of all premiums paid,
8the forfeiture of awards, and the prohibition of participating
9in future contests, and all other rules and requirements for
10contests. These rules, conditions, instructions, directives,
11and requirements shall be exempt from the rulemaking procedures
12of the Illinois Administrative Procedure Act. All such
13publications issued by the Department that relate to a contest,
14event, or exhibit shall be maintained as a public record at the
15Department's principal office in Springfield, Illinois, and
16made available for public inspection and copying during regular
17business hours.
18    (c) Fees. The Department shall establish and publish for
19the Illinois State Fair and the DuQuoin State Fair a schedule
20of admission fees, entry fees, concession fees, space rentals
21and other fees for activities offered or provided at each State
22Fair. These schedules of fees shall be maintained as a public
23record at the Department's principal office in Springfield,
24Illinois, and made available for public inspection and copying
25during regular business, but shall be exempt from the
26rulemaking procedures of the Illinois Administrative Procedure

 

 

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1Act.
2    (d) Facilities. The Department may negotiate and enter into
3contracts for activities and use of facilities for which there
4is not an established or published schedule. The contract
5criteria shall be established by rule, pursuant to the Illinois
6Administrative Procedure Act. The Department may lease any of
7its facilities for activities during the State Fair.
8    (e) Advertising. The Illinois State Fair in Springfield and
9the DuQuoin State Fair shall have the power and authority to
10sell or exchange advertising rights in all of its publications
11and printed materials. The sale of advertising shall be subject
12to the rules promulgated by the Department, pursuant to the
13Illinois Administrative Procedure Act. All income derived from
14the sale of advertising at the Illinois State Fair in
15Springfield shall be deposited into the Illinois State Fair
16Fund. All income derived from the sale of advertising at the
17DuQuoin State Fair shall be deposited into the Agricultural
18Premium Fund.
19    (f) Veterans. On the day set aside as Veterans Day,
20honorably discharged veterans and members of their families
21shall be admitted without admission charge upon presentation of
22identification of any of the following: honorable discharge
23certificate, or photostatic copy thereof, or a paid up
24membership card in any recognized veterans organization.
25    (g) Government functions. The Governor, Lieutenant
26Governor, Attorney General, Secretary of State, Treasurer,

 

 

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1Comptroller, President and Minority Leader of the Senate, and
2Minority Leader of the House of Representatives shall be
3afforded space for official governmental functions, without
4charge, during the State Fair and the DuQuoin State Fair.
5(Source: P.A. 93-1055, eff. 11-23-04.)
 
6    Section 10. The Illinois Promotion Act is amended by
7changing Section 4b as follows:
 
8    (20 ILCS 665/4b)
9    Sec. 4b. Coordinating Committee. There is created a
10Coordinating Committee of State agencies involved with tourism
11in the State of Illinois. The Committee shall consist of the
12Director of Commerce and Economic Opportunity as chairman, the
13Lieutenant Governor, the Secretary of Transportation or his or
14her designee, and the head executive officer or his or her
15designee of the following: the Lincoln Presidential Library;
16the Department of Natural Resources; the Department of
17Agriculture; the Illinois Arts Council; the Illinois Community
18College Board; and the Board of Higher Education; and the Grape
19and Wine Resources Council. The Committee shall also include 4
20members of the Illinois General Assembly, one of whom shall be
21named by the Speaker of the House of Representatives, one of
22whom shall be named by the Minority Leader of the House of
23Representatives, one of whom who shall be named by the
24President of the Senate, and one of whom shall be named by the

 

 

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1Minority Leader of the Senate. The Committee shall meet at
2least quarterly and at other times as called by the chair. The
3Committee shall coordinate the promotion and development of
4tourism activities throughout State government.
5(Source: P.A. 94-793, eff. 5-19-06.)
 
6    (20 ILCS 1305/10-6 rep.)
7    Section 15. The Department of Human Services Act is amended
8by repealing Section 10-6.
 
9    Section 20. The State Finance Act is amended by changing
10Section 6a as follows:
 
11    (30 ILCS 105/6a)  (from Ch. 127, par. 142a)
12    Sec. 6a. (1) The following items of income received by the
13State Colleges and Universities under the jurisdiction of the
14Board of Governors of State Colleges and Universities for
15general operational and educational purposes shall be paid into
16the state treasury without delay and shall be covered into a
17special fund to be known as the Board of Governors of State
18Colleges and Universities Income Fund: (a) tuition,
19laboratory, library fees, and any interest which may be earned
20thereon not later than 20 days after receipt of the same
21without any deductions except for refunds to students for whom
22duplicate payment has been made and to students who have
23withdrawn after registration and who are entitled to such

 

 

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1refunds; and (b) excess income from auxiliary enterprises and
2activities as provided in paragraph (2) of this Section, and
3all other income arising out of any activity or purpose not
4specified in paragraph (2) of this Section or in Section 6a-2
5not later than 10 days after receipt of the same and without
6any deduction whatever. Such items of income shall be either
7paid into the State treasury or deposited into a college or
8university bank account within the time period established for
9like amounts in Section 2 of the State Officers and Employees
10Money Disposition Act; provided, that if deposited into a bank
11account, such items together with interest thereon shall be
12paid into the State treasury as provided in the preceding
13sentence. The General Assembly shall from time to time make
14appropriations payable from the Board of Governors of State
15Colleges and Universities Income Fund for the support and
16improvement of such State Colleges and Universities.
17    (2) The following items of income shall be retained by each
18such State College or University or by the Board of Governors
19of State Colleges and Universities in its own treasury:
20endowment funds, gifts, trust funds, and Federal aid; funds
21received in connection with contracts with governmental,
22public or private agencies or persons, for research or services
23including funds which are paid as reimbursement to the State
24College or University or to the Board of Governors of State
25Colleges and Universities and funds received in connection with
26its operation of research and high technology parks; funds

 

 

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1received in connection with reserves authorized by Section 8a
2of "An Act to provide for the management, operation, control
3and maintenance of the State Colleges and Universities System",
4approved July 2, 1951, as amended; funds received in connection
5with the retention, receipt, assignment, license, sale or
6transfer of interests in, rights to, or income from
7discoveries, inventions, patents, or copyrightable works;
8funds retained by the State College or University under the
9authority of Section 6a-2, and funds received from the
10operation of student or staff residence facilities, student and
11staff medical and health programs, Union buildings,
12bookstores, farms, stores, and other auxiliary enterprises or
13activities which are self-supporting in whole or in part. Any
14income derived from such auxiliary enterprises or activities
15which is not necessary to their support, maintenance, or
16development shall not, however, be applied to any general
17operational or educational purpose but shall be paid into the
18State Treasury as provided in paragraph (1) of this Section.
19    Whenever such funds retained by each such State College or
20University or by the Board of Governors of State Colleges and
21Universities in its own treasury are deposited with a bank or
22savings and loan association and the amount of the deposit
23exceeds the amount of federal deposit insurance coverage, a
24bond or pledged securities shall be obtained. Only the types of
25securities which the State Treasurer may, in his discretion,
26accept for amounts not insured by the Federal Deposit Insurance

 

 

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1Corporation or the Federal Savings and Loan Insurance
2Corporation under Section 11 of "An Act in relation to State
3moneys", approved June 28, 1919, as amended, may be accepted as
4pledged securities. The market value of the bond or pledged
5securities shall at all times be equal to or greater than the
6uninsured portion of the deposit.
7    (3) (Blank). All monies received by the Cooperative
8Computer Center operated and maintained by Governors State
9University, in conjunction and pursuant to contracts with other
10State universities, shall be deposited in the Cooperative
11Computer Center Revolving Fund. The General Assembly shall from
12time to time make appropriations from the Cooperative Computer
13Center Revolving Fund to be used for expenditures incurred by
14the Cooperative Computer Center.
15    (4) The Auditor General shall audit or cause to be audited
16the above items of income and all other income and expenditures
17of such institutions.
18    (5) Beginning on January 1, 1996, the provisions of
19paragraphs (1) and (2) of this Section shall be superseded by
20Section 5-35 of the Chicago State University Law and Section
216a-1c of the State Finance Act with respect to Chicago State
22University; by Section 10-35 of the Eastern Illinois University
23Law and Section 6a-1d of the State Finance Act with respect to
24Eastern Illinois University; by Section 15-35 of the Governors
25State University Law and Section 6a-1e of the State Finance Act
26with respect to Governors State University; by Section 25-35 of

 

 

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1the Northeastern Illinois University Law and Section 6a-1f of
2the State Finance Act with respect to Northeastern Illinois
3University; and by Section 35-35 of the Western Illinois
4University Law and Section 6a-1g of the State Finance Act with
5respect to Western Illinois University. On January 1, 1996, all
6items of income and other funds deposited, retained, or
7otherwise held under paragraphs (1) and (2) of this Section
8shall be transferred, appropriated, retained and used as
9provided by the provisions of law cited in this paragraph as
10superseding the provisions of paragraphs (1) and (2) of this
11Section.
12(Source: P.A. 89-4, eff. 1-1-96.)
 
13    Section 25. The Illinois Income Tax Act is amended by
14changing Section 507DDD as follows:
 
15    (35 ILCS 5/507DDD)
16    Sec. 507DDD. Special Olympics Illinois and Special
17Children's Checkoff. For taxable years beginning on or after
18January 1, 2015, the Department shall print on its standard
19individual income tax form a provision indicating that if the
20taxpayer wishes to contribute to the Special Olympics Illinois
21and Special Children's Charities Checkoff Fund as authorized by
22Public Act 99-423, he or she may do so by stating the amount of
23the contribution (not less than $1) on the return and that the
24contribution will reduce the taxpayer's refund or increase the

 

 

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1amount of payment to accompany the return. Failure to remit any
2amount of increased payment shall reduce the contribution
3accordingly. This Section shall not apply to an amended return.
4For the purpose of this Section, the Department of Revenue must
5distribute the moneys as provided in subsection 21.9(b) of the
6Illinois Lottery Law: (i) 75% of the moneys to Special Olympics
7Illinois to support the statewide training, competitions, and
8programs for future Special Olympics athletes; and (ii) 25% of
9the moneys to Special Children's Charities to support the City
10of Chicago-wide training, competitions, and programs for
11future Special Olympics athletes.
12(Source: P.A. 99-423, eff. 8-20-15; 99-642, eff. 7-28-16.)
 
13    (35 ILCS 5/507AA rep.)
14    (35 ILCS 5/507BB rep.)
15    (35 ILCS 5/507TT rep.)
16    Section 30. The Illinois Income Tax Act is amended by
17repealing Sections 507AA, 507BB, and 507TT.
 
18    Section 35. The Illinois Estate and Generation-Skipping
19Transfer Tax Act is amended by changing Section 13 as follows:
 
20    (35 ILCS 405/13)  (from Ch. 120, par. 405A-13)
21    Sec. 13. Collection by county treasurers; tax collection
22distribution fund.
23    (a) Collection by county treasurers. Each county treasurer

 

 

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1shall transmit to the State Treasurer all taxes, interest or
2penalties paid to the county treasurer under this Act and in
3the county treasurer's possession as of the last day of the
4previous month, together with a report under oath identifying
5the taxpayer for or by whom an amount was paid. Those amounts
6and the report shall be transmitted to and received by the
7State Treasurer by the 10th day of each month. At the same
8time, a copy of the report shall be furnished to the Attorney
9General. The report shall be in a form and contain the
10particulars as the State Treasurer may prescribe. The State
11Treasurer shall give the county treasurer a receipt for the
12amount transmitted to the State Treasurer. Except as provided
13in subsection (a-5) of this Section, if any county treasurer
14fails to pay to the State Treasurer all amounts that may be due
15and payable under this Act as required by this Section, the
16county treasurer shall pay to the State Treasurer, as a
17penalty, a sum of money equal to the interest on the amounts
18not paid at the rate of 1% per month from the time those
19amounts are due by the county treasurer until those amounts are
20paid. The sureties upon the official bond of the county
21treasurer shall be security for the payment of the penalty. The
22penalty under this Section may be recovered in a civil action
23against the county treasurer and his or her sureties, in the
24name of the People of the State of Illinois, in the circuit
25court within the county wherein the county treasurer is
26resident; and the penalty, when recovered, shall be paid into

 

 

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1the State treasury. The civil action to recover the penalty
2shall be brought by the State treasurer within 10 days after
3the failure of the county treasurer to pay to the State
4Treasurer any amounts collected by the county treasurer within
5the time required by this Act. Failure to bring the action
6within that time shall not prevent the bringing of the action
7thereafter. It is the duty of the State Treasurer to make
8necessary and proper investigation to determine what amounts
9should be paid under this Act.
10    (a-5) The State Treasurer may waive penalties imposed by
11subsection (a) of this Section on a case-by-case basis if the
12State Treasurer finds that imposing penalties would be
13unreasonable or unnecessarily burdensome because the delay in
14payment was due to an incident caused by the operation of an
15extraordinary force, including, but not limited to, the
16occurrence of a natural disaster, that cannot be foreseen, that
17cannot be avoided by the exercise of due care, and for which no
18person can be held liable.
19    (b) (Blank). Transfer Tax Collection Distributive Fund.
20The Transfer Tax Collection Distributive Fund is created as a
21special fund in the State treasury. The Fund is a continuation
22of the Fund of the same name created under the Illinois Estate
23Tax Law, repealed by this Act. As soon as may be after the
24first day of each month after the effective date of this Act,
25and before September 1, 2012, the State Treasurer shall
26transfer from the General Revenue Fund to the Transfer Tax

 

 

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1Collection Distributive Fund an amount equal to 6% of the net
2revenue realized from this Act during the preceding month.
3    As soon as may be after the first day of each month, the
4State Treasurer shall allocate among the counties of this State
5the amount available in the Transfer Tax Collection
6Distributive Fund. The allocation to each county shall be 6% of
7the net revenues collected by the county treasurer under this
8Act. The State Comptroller, pursuant to appropriation, shall
9then pay those allocations over to the counties. As soon as
10possible after all of the required monthly allocations are made
11from the Transfer Tax Collection Distributive Fund and before
12September 1, 2012, the State Comptroller shall order
13transferred and the State Treasurer shall transfer any moneys
14remaining in the Transfer Tax Collection Distributive Fund from
15that Fund to the General Revenue Fund, and the Transfer Tax
16Collection Distributive Fund shall be dissolved.
17    (c) On and after July 1, 2012, 94% of the amounts collected
18from the taxes, interest, and penalties collected under this
19Act shall be deposited into the General Revenue Fund and 6% of
20those amounts shall be deposited into the Estate Tax Refund
21Fund, a special fund created in the State treasury.
22    Moneys in the Estate Tax Refund Fund shall be expended
23exclusively for the purpose of paying refunds resulting from
24overpayment of tax liability under this Act, except that,
25whenever the State Treasurer determines that any such moneys in
26the Fund exceed the amount required for the purpose of paying

 

 

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1refunds resulting from overpayment of tax liability under this
2Act, the State Treasurer may transfer any such excess amounts
3from the Estate Tax Refund Fund to the General Revenue Fund.
4    The Treasurer shall order payment of refunds resulting from
5overpayment of tax liability under this Act from the Estate Tax
6Refund Fund only to the extent that amounts have been deposited
7and retained in the Fund.
8    Public Act 97-732 This amendatory Act of the 97th General
9Assembly shall constitute an irrevocable and continuing
10appropriation from the Estate Tax Refund Fund for the purpose
11of paying refunds upon the order of the Treasurer in accordance
12with the provisions of this Act and for the purpose of paying
13refunds under this Act.
14(Source: P.A. 96-1162, eff. 7-21-10; 97-732, eff. 6-30-12.)
 
15    (235 ILCS 5/1-3.37 rep.)
16    Section 40. The Liquor Control Act of 1934 is amended by
17repealing Section 1-3.37.
 
18    (305 ILCS 40/Act rep.)
19    Section 45. The Nursing Home Grant Assistance Act is
20repealed.
 
21    Section 50. The Clerks of Courts Act is amended by changing
22Section 27.1b as follows:
 

 

 

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1    (705 ILCS 105/27.1b)
2    (Section scheduled to be repealed on January 1, 2021)
3    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
4other provision of law, all fees charged by the clerks of the
5circuit court for the services described in this Section shall
6be established, collected, and disbursed in accordance with
7this Section. Except as otherwise specified in this Section,
8all fees under this Section shall be paid in advance and
9disbursed by each clerk on a monthly basis. In a county with a
10population of over 3,000,000, units of local government and
11school districts shall not be required to pay fees under this
12Section in advance and the clerk shall instead send an itemized
13bill to the unit of local government or school district, within
1430 days of the fee being incurred, and the unit of local
15government or school district shall be allowed at least 30 days
16from the date of the itemized bill to pay; these payments shall
17be disbursed by each clerk on a monthly basis. Unless otherwise
18specified in this Section, the amount of a fee shall be
19determined by ordinance or resolution of the county board and
20remitted to the county treasurer to be used for purposes
21related to the operation of the court system in the county. In
22a county with population of over 3,000,000, any amount retained
23by the clerk of the circuit court or remitted to the county
24treasurer shall be subject to appropriation by the county
25board.
26    (a) Civil cases. The fee for filing a complaint, petition,

 

 

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1or other pleading initiating a civil action shall be as set
2forth in the applicable schedule under this subsection in
3accordance with case categories established by the Supreme
4Court in schedules.
5        (1) SCHEDULE 1: not to exceed a total of $366 in a
6    county with a population of 3,000,000 or more and not to
7    exceed $316 in any other county, except as applied to units
8    of local government and school districts in counties with
9    more than 3,000,000 inhabitants an amount not to exceed
10    $190 through December 31, 2021 and $184 on and after
11    January 1, 2022. The fees collected under this schedule
12    shall be disbursed as follows:
13            (A) The clerk shall retain a sum, in an amount not
14        to exceed $55 in a county with a population of
15        3,000,000 or more and in an amount not to exceed $45 in
16        any other county determined by the clerk with the
17        approval of the Supreme Court, to be used for court
18        automation, court document storage, and administrative
19        purposes.
20            (B) The clerk shall remit up to $21 to the State
21        Treasurer. The State Treasurer shall deposit the
22        appropriate amounts, in accordance with the clerk's
23        instructions, as follows:
24                (i) up to $10, as specified by the Supreme
25            Court in accordance with Part 10A of Article II of
26            the Code of Civil Procedure, into the Mandatory

 

 

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1            Arbitration Fund;
2                (ii) $2 into the Access to Justice Fund; and
3                (iii) $9 into the Supreme Court Special
4            Purposes Fund.
5            (C) The clerk shall remit a sum to the County
6        Treasurer, in an amount not to exceed $290 in a county
7        with a population of 3,000,000 or more and in an amount
8        not to exceed $250 in any other county, as specified by
9        ordinance or resolution passed by the county board, for
10        purposes related to the operation of the court system
11        in the county.
12        (2) SCHEDULE 2: not to exceed a total of $357 in a
13    county with a population of 3,000,000 or more and not to
14    exceed $266 in any other county, except as applied to units
15    of local government and school districts in counties with
16    more than 3,000,000 inhabitants an amount not to exceed
17    $190 through December 31, 2021 and $184 on and after
18    January 1, 2022. The fees collected under this schedule
19    shall be disbursed as follows:
20            (A) The clerk shall retain a sum, in an amount not
21        to exceed $55 in a county with a population of
22        3,000,000 or more and in an amount not to exceed $45 in
23        any other county determined by the clerk with the
24        approval of the Supreme Court, to be used for court
25        automation, court document storage, and administrative
26        purposes.

 

 

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1            (B) The clerk shall remit up to $21 to the State
2        Treasurer. The State Treasurer shall deposit the
3        appropriate amounts, in accordance with the clerk's
4        instructions, as follows:
5                (i) up to $10, as specified by the Supreme
6            Court in accordance with Part 10A of Article II of
7            the Code of Civil Procedure, into the Mandatory
8            Arbitration Fund;
9                (ii) $2 into the Access to Justice Fund: and
10                (iii) $9 into the Supreme Court Special
11            Purposes Fund.
12            (C) The clerk shall remit a sum to the County
13        Treasurer, in an amount not to exceed $281 in a county
14        with a population of 3,000,000 or more and in an amount
15        not to exceed $200 in any other county, as specified by
16        ordinance or resolution passed by the county board, for
17        purposes related to the operation of the court system
18        in the county.
19        (3) SCHEDULE 3: not to exceed a total of $265 in a
20    county with a population of 3,000,000 or more and not to
21    exceed $89 in any other county, except as applied to units
22    of local government and school districts in counties with
23    more than 3,000,000 inhabitants an amount not to exceed
24    $190 through December 31, 2021 and $184 on and after
25    January 1, 2022. The fees collected under this schedule
26    shall be disbursed as follows:

 

 

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1            (A) The clerk shall retain a sum, in an amount not
2        to exceed $55 in a county with a population of
3        3,000,000 or more and in an amount not to exceed $22 in
4        any other county determined by the clerk with the
5        approval of the Supreme Court, to be used for court
6        automation, court document storage, and administrative
7        purposes.
8            (B) The clerk shall remit $11 to the State
9        Treasurer. The State Treasurer shall deposit the
10        appropriate amounts in accordance with the clerk's
11        instructions, as follows:
12                (i) $2 into the Access to Justice Fund; and
13                (ii) $9 into the Supreme Court Special
14            Purposes Fund.
15            (C) The clerk shall remit a sum to the County
16        Treasurer, in an amount not to exceed $199 in a county
17        with a population of 3,000,000 or more and in an amount
18        not to exceed $56 in any other county, as specified by
19        ordinance or resolution passed by the county board, for
20        purposes related to the operation of the court system
21        in the county.
22        (4) SCHEDULE 4: $0.
23    (b) Appearance. The fee for filing an appearance in a civil
24action, including a cannabis civil law action under the
25Cannabis Control Act, shall be as set forth in the applicable
26schedule under this subsection in accordance with case

 

 

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1categories established by the Supreme Court in schedules.
2        (1) SCHEDULE 1: not to exceed a total of $230 in a
3    county with a population of 3,000,000 or more and not to
4    exceed $191 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    $75. The fees collected under this schedule shall be
8    disbursed as follows:
9            (A) The clerk shall retain a sum, in an amount not
10        to exceed $50 in a county with a population of
11        3,000,000 or more and in an amount not to exceed $45 in
12        any other county determined by the clerk with the
13        approval of the Supreme Court, to be used for court
14        automation, court document storage, and administrative
15        purposes.
16            (B) The clerk shall remit up to $21 to the State
17        Treasurer. The State Treasurer shall deposit the
18        appropriate amounts, in accordance with the clerk's
19        instructions, as follows:
20                (i) up to $10, as specified by the Supreme
21            Court in accordance with Part 10A of Article II of
22            the Code of Civil Procedure, into the Mandatory
23            Arbitration Fund;
24                (ii) $2 into the Access to Justice Fund; and
25                (iii) $9 into the Supreme Court Special
26            Purposes Fund.

 

 

HB4951- 21 -LRB101 18043 HLH 67481 b

1            (C) The clerk shall remit a sum to the County
2        Treasurer, in an amount not to exceed $159 in a county
3        with a population of 3,000,000 or more and in an amount
4        not to exceed $125 in any other county, as specified by
5        ordinance or resolution passed by the county board, for
6        purposes related to the operation of the court system
7        in the county.
8        (2) SCHEDULE 2: not to exceed a total of $130 in a
9    county with a population of 3,000,000 or more and not to
10    exceed $109 in any other county, except as applied to units
11    of local government and school districts in counties with
12    more than 3,000,000 inhabitants an amount not to exceed
13    $75. The fees collected under this schedule shall be
14    disbursed as follows:
15            (A) The clerk shall retain a sum, in an amount not
16        to exceed $50 in a county with a population of
17        3,000,000 or more and in an amount not to exceed $10 in
18        any other county determined by the clerk with the
19        approval of the Supreme Court, to be used for court
20        automation, court document storage, and administrative
21        purposes.
22            (B) The clerk shall remit $9 to the State
23        Treasurer, which the State Treasurer shall deposit
24        into the Supreme Court Special Purposes Purpose Fund.
25            (C) The clerk shall remit a sum to the County
26        Treasurer, in an amount not to exceed $71 in a county

 

 

HB4951- 22 -LRB101 18043 HLH 67481 b

1        with a population of 3,000,000 or more and in an amount
2        not to exceed $90 in any other county, as specified by
3        ordinance or resolution passed by the county board, for
4        purposes related to the operation of the court system
5        in the county.
6        (3) SCHEDULE 3: $0.
7    (b-5) Kane County and Will County. In Kane County and Will
8County civil cases, there is an additional fee of up to $30 as
9set by the county board under Section 5-1101.3 of the Counties
10Code to be paid by each party at the time of filing the first
11pleading, paper, or other appearance; provided that no
12additional fee shall be required if more than one party is
13represented in a single pleading, paper, or other appearance.
14Distribution of fees collected under this subsection (b-5)
15shall be as provided in Section 5-1101.3 of the Counties Code.
16    (c) Counterclaim or third party complaint. When any
17defendant files a counterclaim or third party complaint, as
18part of the defendant's answer or otherwise, the defendant
19shall pay a filing fee for each counterclaim or third party
20complaint in an amount equal to the filing fee the defendant
21would have had to pay had the defendant brought a separate
22action for the relief sought in the counterclaim or third party
23complaint, less the amount of the appearance fee, if any, that
24the defendant has already paid in the action in which the
25counterclaim or third party complaint is filed.
26    (d) Alias summons. The clerk shall collect a fee not to

 

 

HB4951- 23 -LRB101 18043 HLH 67481 b

1exceed $6 in a county with a population of 3,000,000 or more
2and not to exceed $5 in any other county for each alias summons
3or citation issued by the clerk, except as applied to units of
4local government and school districts in counties with more
5than 3,000,000 inhabitants an amount not to exceed $5 for each
6alias summons or citation issued by the clerk.
7    (e) Jury services. The clerk shall collect, in addition to
8other fees allowed by law, a sum not to exceed $212.50, as a
9fee for the services of a jury in every civil action not
10quasi-criminal in its nature and not a proceeding for the
11exercise of the right of eminent domain and in every other
12action wherein the right of trial by jury is or may be given by
13law. The jury fee shall be paid by the party demanding a jury
14at the time of filing the jury demand. If the fee is not paid by
15either party, no jury shall be called in the action or
16proceeding, and the action or proceeding shall be tried by the
17court without a jury.
18    (f) Change of venue. In connection with a change of venue:
19        (1) The clerk of the jurisdiction from which the case
20    is transferred may charge a fee, not to exceed $40, for the
21    preparation and certification of the record; and
22        (2) The clerk of the jurisdiction to which the case is
23    transferred may charge the same filing fee as if it were
24    the commencement of a new suit.
25    (g) Petition to vacate or modify.
26        (1) In a proceeding involving a petition to vacate or

 

 

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1    modify any final judgment or order filed within 30 days
2    after the judgment or order was entered, except for an
3    eviction case, small claims case, petition to reopen an
4    estate, petition to modify, terminate, or enforce a
5    judgment or order for child or spousal support, or petition
6    to modify, suspend, or terminate an order for withholding,
7    the fee shall not exceed $60 in a county with a population
8    of 3,000,000 or more and shall not exceed $50 in any other
9    county, except as applied to units of local government and
10    school districts in counties with more than 3,000,000
11    inhabitants an amount not to exceed $50.
12        (2) In a proceeding involving a petition to vacate or
13    modify any final judgment or order filed more than 30 days
14    after the judgment or order was entered, except for a
15    petition to modify, terminate, or enforce a judgment or
16    order for child or spousal support, or petition to modify,
17    suspend, or terminate an order for withholding, the fee
18    shall not exceed $75.
19        (3) In a proceeding involving a motion to vacate or
20    amend a final order, motion to vacate an ex parte judgment,
21    judgment of forfeiture, or "failure to appear" or "failure
22    to comply" notices sent to the Secretary of State, the fee
23    shall equal $40.
24    (h) Appeals preparation. The fee for preparation of a
25record on appeal shall be based on the number of pages, as
26follows:

 

 

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1        (1) if the record contains no more than 100 pages, the
2    fee shall not exceed $70 in a county with a population of
3    3,000,000 or more and shall not exceed $50 in any other
4    county;
5        (2) if the record contains between 100 and 200 pages,
6    the fee shall not exceed $100; and
7        (3) if the record contains 200 or more pages, the clerk
8    may collect an additional fee not to exceed 25 cents per
9    page.
10    (i) Remands. In any cases remanded to the circuit court
11from the Supreme Court or the appellate court for a new trial,
12the clerk shall reinstate the case with either its original
13number or a new number. The clerk shall not charge any new or
14additional fee for the reinstatement. Upon reinstatement, the
15clerk shall advise the parties of the reinstatement. Parties
16shall have the same right to a jury trial on remand and
17reinstatement that they had before the appeal, and no
18additional or new fee or charge shall be made for a jury trial
19after remand.
20    (j) Garnishment, wage deduction, and citation. In
21garnishment affidavit, wage deduction affidavit, and citation
22petition proceedings:
23        (1) if the amount in controversy in the proceeding is
24    not more than $1,000, the fee may not exceed $35 in a
25    county with a population of 3,000,000 or more and may not
26    exceed $15 in any other county, except as applied to units

 

 

HB4951- 26 -LRB101 18043 HLH 67481 b

1    of local government and school districts in counties with
2    more than 3,000,000 inhabitants an amount not to exceed
3    $15;
4        (2) if the amount in controversy in the proceeding is
5    greater than $1,000 and not more than $5,000, the fee may
6    not exceed $45 in a county with a population of 3,000,000
7    or more and may not exceed $30 in any other county, except
8    as applied to units of local government and school
9    districts in counties with more than 3,000,000 inhabitants
10    an amount not to exceed $30; and
11        (3) if the amount in controversy in the proceeding is
12    greater than $5,000, the fee may not exceed $65 in a county
13    with a population of 3,000,000 or more and may not exceed
14    $50 in any other county, except as applied to units of
15    local government and school districts in counties with more
16    than 3,000,000 inhabitants an amount not to exceed $50.
17    (j-5) Debt collection. In any proceeding to collect a debt
18subject to the exception in item (ii) of subparagraph (A-5) of
19paragraph (1) of subsection (z) of this Section, the circuit
20court shall order and the clerk shall collect from each
21judgment debtor a fee of:
22        (1) $35 if the amount in controversy in the proceeding
23    is not more than $1,000;
24        (2) $45 if the amount in controversy in the proceeding
25    is greater than $1,000 and not more than $5,000; and
26        (3) $65 if the amount in controversy in the proceeding

 

 

HB4951- 27 -LRB101 18043 HLH 67481 b

1    is greater than $5,000.
2    (k) Collections.
3        (1) For all collections made of others, except the
4    State and county and except in maintenance or child support
5    cases, the clerk may collect a fee of up to 2.5% of the
6    amount collected and turned over.
7        (2) In child support and maintenance cases, the clerk
8    may collect an annual fee of up to $36 from the person
9    making payment for maintaining child support records and
10    the processing of support orders to the State of Illinois
11    KIDS system and the recording of payments issued by the
12    State Disbursement Unit for the official record of the
13    Court. This fee is in addition to and separate from amounts
14    ordered to be paid as maintenance or child support and
15    shall be deposited into a Separate Maintenance and Child
16    Support Collection Fund, of which the clerk shall be the
17    custodian, ex officio, to be used by the clerk to maintain
18    child support orders and record all payments issued by the
19    State Disbursement Unit for the official record of the
20    Court. The clerk may recover from the person making the
21    maintenance or child support payment any additional cost
22    incurred in the collection of this annual fee.
23        (3) The clerk may collect a fee of $5 for
24    certifications made to the Secretary of State as provided
25    in Section 7-703 of the Illinois Vehicle Code, and this fee
26    shall be deposited into the Separate Maintenance and Child

 

 

HB4951- 28 -LRB101 18043 HLH 67481 b

1    Support Collection Fund.
2        (4) In proceedings to foreclose the lien of delinquent
3    real estate taxes, State's Attorneys shall receive a fee of
4    10% of the total amount realized from the sale of real
5    estate sold in the proceedings. The clerk shall collect the
6    fee from the total amount realized from the sale of the
7    real estate sold in the proceedings and remit to the County
8    Treasurer to be credited to the earnings of the Office of
9    the State's Attorney.
10    (l) Mailing. The fee for the clerk mailing documents shall
11not exceed $10 plus the cost of postage.
12    (m) Certified copies. The fee for each certified copy of a
13judgment, after the first copy, shall not exceed $10.
14    (n) Certification, authentication, and reproduction.
15        (1) The fee for each certification or authentication
16    for taking the acknowledgment of a deed or other instrument
17    in writing with the seal of office shall not exceed $6.
18        (2) The fee for reproduction of any document contained
19    in the clerk's files shall not exceed:
20            (A) $2 for the first page;
21            (B) 50 cents per page for the next 19 pages; and
22            (C) 25 cents per page for all additional pages.
23    (o) Record search. For each record search, within a
24division or municipal district, the clerk may collect a search
25fee not to exceed $6 for each year searched.
26    (p) Hard copy. For each page of hard copy print output,

 

 

HB4951- 29 -LRB101 18043 HLH 67481 b

1when case records are maintained on an automated medium, the
2clerk may collect a fee not to exceed $10 in a county with a
3population of 3,000,000 or more and not to exceed $6 in any
4other county, except as applied to units of local government
5and school districts in counties with more than 3,000,000
6inhabitants an amount not to exceed $6.
7    (q) Index inquiry and other records. No fee shall be
8charged for a single plaintiff and defendant index inquiry or
9single case record inquiry when this request is made in person
10and the records are maintained in a current automated medium,
11and when no hard copy print output is requested. The fees to be
12charged for management records, multiple case records, and
13multiple journal records may be specified by the Chief Judge
14pursuant to the guidelines for access and dissemination of
15information approved by the Supreme Court.
16    (r) Performing a marriage. There shall be a $10 fee for
17performing a marriage in court.
18    (s) Voluntary assignment. For filing each deed of voluntary
19assignment, the clerk shall collect a fee not to exceed $20.
20For recording a deed of voluntary assignment, the clerk shall
21collect a fee not to exceed 50 cents for each 100 words.
22Exceptions filed to claims presented to an assignee of a debtor
23who has made a voluntary assignment for the benefit of
24creditors shall be considered and treated, for the purpose of
25taxing costs therein, as actions in which the party or parties
26filing the exceptions shall be considered as party or parties

 

 

HB4951- 30 -LRB101 18043 HLH 67481 b

1plaintiff, and the claimant or claimants as party or parties
2defendant, and those parties respectively shall pay to the
3clerk the same fees as provided by this Section to be paid in
4other actions.
5    (t) Expungement petition. The clerk may collect a fee not
6to exceed $60 for each expungement petition filed and an
7additional fee not to exceed $4 for each certified copy of an
8order to expunge arrest records.
9    (u) Transcripts of judgment. For the filing of a transcript
10of judgment, the clerk may collect the same fee as if it were
11the commencement of a new suit.
12    (v) Probate filings.
13        (1) For each account (other than one final account)
14    filed in the estate of a decedent, or ward, the fee shall
15    not exceed $25.
16        (2) For filing a claim in an estate when the amount
17    claimed is greater than $150 and not more than $500, the
18    fee shall not exceed $40 in a county with a population of
19    3,000,000 or more and shall not exceed $25 in any other
20    county; when the amount claimed is greater than $500 and
21    not more than $10,000, the fee shall not exceed $55 in a
22    county with a population of 3,000,000 or more and shall not
23    exceed $40 in any other county; and when the amount claimed
24    is more than $10,000, the fee shall not exceed $75 in a
25    county with a population of 3,000,000 or more and shall not
26    exceed $60 in any other county; except the court in

 

 

HB4951- 31 -LRB101 18043 HLH 67481 b

1    allowing a claim may add to the amount allowed the filing
2    fee paid by the claimant.
3        (3) For filing in an estate a claim, petition, or
4    supplemental proceeding based upon an action seeking
5    equitable relief including the construction or contest of a
6    will, enforcement of a contract to make a will, and
7    proceedings involving testamentary trusts or the
8    appointment of testamentary trustees, the fee shall not
9    exceed $60.
10        (4) There shall be no fee for filing in an estate: (i)
11    the appearance of any person for the purpose of consent; or
12    (ii) the appearance of an executor, administrator,
13    administrator to collect, guardian, guardian ad litem, or
14    special administrator.
15        (5) For each jury demand, the fee shall not exceed
16    $137.50.
17        (6) For each certified copy of letters of office, of
18    court order, or other certification, the fee shall not
19    exceed $2 per page.
20        (7) For each exemplification, the fee shall not exceed
21    $2, plus the fee for certification.
22        (8) The executor, administrator, guardian, petitioner,
23    or other interested person or his or her attorney shall pay
24    the cost of publication by the clerk directly to the
25    newspaper.
26        (9) The person on whose behalf a charge is incurred for

 

 

HB4951- 32 -LRB101 18043 HLH 67481 b

1    witness, court reporter, appraiser, or other miscellaneous
2    fees shall pay the same directly to the person entitled
3    thereto.
4        (10) The executor, administrator, guardian,
5    petitioner, or other interested person or his or her
6    attorney shall pay to the clerk all postage charges
7    incurred by the clerk in mailing petitions, orders,
8    notices, or other documents pursuant to the provisions of
9    the Probate Act of 1975.
10    (w) Corrections of numbers. For correction of the case
11number, case title, or attorney computer identification
12number, if required by rule of court, on any document filed in
13the clerk's office, to be charged against the party that filed
14the document, the fee shall not exceed $25.
15    (x) Miscellaneous.
16        (1) Interest earned on any fees collected by the clerk
17    shall be turned over to the county general fund as an
18    earning of the office.
19        (2) For any check, draft, or other bank instrument
20    returned to the clerk for non-sufficient funds, account
21    closed, or payment stopped, the clerk shall collect a fee
22    of $25.
23    (y) Other fees. Any fees not covered in this Section shall
24be set by rule or administrative order of the circuit court
25with the approval of the Administrative Office of the Illinois
26Courts. The clerk of the circuit court may provide services in

 

 

HB4951- 33 -LRB101 18043 HLH 67481 b

1connection with the operation of the clerk's office, other than
2those services mentioned in this Section, as may be requested
3by the public and agreed to by the clerk and approved by the
4Chief Judge. Any charges for additional services shall be as
5agreed to between the clerk and the party making the request
6and approved by the Chief Judge. Nothing in this subsection
7shall be construed to require any clerk to provide any service
8not otherwise required by law.
9    (y-5) Unpaid fees. Unless a court ordered payment schedule
10is implemented or the fee requirements of this Section are
11waived under a court order, the clerk of the circuit court may
12add to any unpaid fees and costs under this Section a
13delinquency amount equal to 5% of the unpaid fees that remain
14unpaid after 30 days, 10% of the unpaid fees that remain unpaid
15after 60 days, and 15% of the unpaid fees that remain unpaid
16after 90 days. Notice to those parties may be made by signage
17posting or publication. The additional delinquency amounts
18collected under this Section shall be deposited into the
19Circuit Court Clerk Operations and Administration Fund and used
20to defray additional administrative costs incurred by the clerk
21of the circuit court in collecting unpaid fees and costs.
22    (z) Exceptions.
23        (1) No fee authorized by this Section shall apply to:
24            (A) police departments or other law enforcement
25        agencies. In this Section, "law enforcement agency"
26        means: an agency of the State or agency of a unit of

 

 

HB4951- 34 -LRB101 18043 HLH 67481 b

1        local government which is vested by law or ordinance
2        with the duty to maintain public order and to enforce
3        criminal laws or ordinances; the Attorney General; or
4        any State's Attorney;
5            (A-5) any unit of local government or school
6        district, except in counties having a population of
7        500,000 or more the county board may by resolution set
8        fees for units of local government or school districts
9        no greater than the minimum fees applicable in counties
10        with a population less than 3,000,000; provided
11        however, no fee may be charged to any unit of local
12        government or school district in connection with any
13        action which, in whole or in part, is: (i) to enforce
14        an ordinance; (ii) to collect a debt; or (iii) under
15        the Administrative Review Law;
16            (B) any action instituted by the corporate
17        authority of a municipality with more than 1,000,000
18        inhabitants under Section 11-31-1 of the Illinois
19        Municipal Code and any action instituted under
20        subsection (b) of Section 11-31-1 of the Illinois
21        Municipal Code by a private owner or tenant of real
22        property within 1,200 feet of a dangerous or unsafe
23        building seeking an order compelling the owner or
24        owners of the building to take any of the actions
25        authorized under that subsection;
26            (C) any commitment petition or petition for an

 

 

HB4951- 35 -LRB101 18043 HLH 67481 b

1        order authorizing the administration of psychotropic
2        medication or electroconvulsive therapy under the
3        Mental Health and Developmental Disabilities Code;
4            (D) a petitioner in any order of protection
5        proceeding, including, but not limited to, fees for
6        filing, modifying, withdrawing, certifying, or
7        photocopying petitions for orders of protection,
8        issuing alias summons, any related filing service, or
9        certifying, modifying, vacating, or photocopying any
10        orders of protection; or
11            (E) proceedings for the appointment of a
12        confidential intermediary under the Adoption Act.
13        (2) No fee other than the filing fee contained in the
14    applicable schedule in subsection (a) shall be charged to
15    any person in connection with an adoption proceeding.
16        (3) Upon good cause shown, the court may waive any fees
17    associated with a special needs adoption. The term "special
18    needs adoption" has the meaning provided by the Illinois
19    Department of Children and Family Services.
20    (aa) This Section is repealed on January 1, 2021.
21(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
22100-1161, eff. 7-1-19.)
 
23    Section 55. The Criminal and Traffic Assessment Act is
24amended by changing Section 15-20 as follows:
 

 

 

HB4951- 36 -LRB101 18043 HLH 67481 b

1    (705 ILCS 135/15-20)
2    (Section scheduled to be repealed on January 1, 2021)
3    Sec. 15-20. SCHEDULE 4; felony sex offenses.
4    SCHEDULE 4: For a felony or attempted felony under Article
511 or Section 12-33 of the Criminal Code of 2012, the Clerk of
6the Circuit Court shall collect $1,314 and remit as follows:
7    (1) As the county's portion, $354 to the county treasurer,
8who shall deposit the money as follows:
9        (A) $20 into the Court Automation Fund;
10        (B) $20 into the Court Document Storage Fund;
11        (C) $5 into the Circuit Court Clerk Operation and
12    Administrative Fund;
13        (D) $255 into the county's General Fund;
14        (E) $10 into the Child Advocacy Center Fund;
15        (F) $2 into the State's Attorney Records Automation
16    Fund;
17        (G) $2 into the Public Defender Records Automation
18    Fund;
19        (H) $20 into the County Jail Medical Costs Fund; and
20        (I) $20 into the Probation and Court Services Fund.
21    (2) As the State's portion, $960 to the State Treasurer,
22who shall deposit the money as follows:
23        (A) $520 into the State Police Operations Assistance
24    Fund;
25        (B) $100 into the Violent Crime Victims Assistance
26    Fund;

 

 

HB4951- 37 -LRB101 18043 HLH 67481 b

1        (C) $200 into the Sexual Assault Services Fund;
2        (D) $100 into the Domestic Violence Shelter and Service
3    Services Fund;
4        (E) $5 into the State Police Merit Board Public Safety
5    Fund; and
6        (F) $35 into the Traffic and Criminal Conviction
7    Surcharge Fund.
8(Source: P.A. 100-987, eff. 7-1-19.)
 
9    Section 60. The Unified Code of Corrections is amended by
10changing Section 5-9-1.22 as follows:
 
11    (730 ILCS 5/5-9-1.22)
12    Sec. 5-9-1.22. Fee; Roadside Memorial Fund. A person who is
13convicted or receives a disposition of court supervision for a
14violation of Section 11-501 of the Illinois Vehicle Code shall,
15in addition to any other disposition, penalty, or fine imposed,
16pay a fee of $50 which shall be collected by the clerk of the
17court and then remitted to the State Treasurer for deposit into
18the Roadside Memorial Fund, a special fund that is created in
19the State treasury. However, the court may waive the fee if
20full restitution is complied with. Subject to appropriation,
21all moneys in the Roadside Memorial Fund shall be used by the
22Department of Transportation to pay fees imposed under
23subsection (f) of Section 20 of the Roadside Memorial Act.
24    This Section is substantially the same as Section 5-9-1.18

 

 

HB4951- 38 -LRB101 18043 HLH 67481 b

15-9-1.8 of the Unified Code of Corrections, which Section was
2repealed by Public Act 100-987, and shall be construed as a
3continuation of the fee established by that prior law, and not
4as a new or different fee.
5(Source: P.A. 101-10, eff. 6-5-19.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.