Full Text of SB0089 103rd General Assembly
SB0089enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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
| 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.
| 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)
| 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.
| 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)
| 22 | | Sec. 20.3. Solicitation of design-build proposals.
| 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.
| 9 | | (b) The request for proposal shall be prepared for each | 10 | | project and must
contain, without limitation, the following | 11 | | information:
| 12 | | (1) The name of the Commission.
| 13 | | (2) A preliminary schedule for the completion of the | 14 | | contract.
| 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.
| 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.
| 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.
| 5 | | (6) The performance criteria.
| 6 | | (7) The evaluation criteria for each phase of the | 7 | | solicitation.
| 8 | | (8) The number of entities that will be considered for | 9 | | the technical and
cost
evaluation phase.
| 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.
| 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.
| 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.
| 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)
| 6 | | Sec. 20.4. Development of design-build scope and | 7 | | performance criteria.
| 8 | | (a) The Commission shall develop, with the assistance of a
| 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
| 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.
| 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,
| 21 | | will be required by the Commission to be produced by the
| 22 | | design-build entities.
| 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.
| 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.
| 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.
| 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
| 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
| 6 | | regarding the solicitation.
| 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.
| 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
| 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
| 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.
| 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
| 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.
| 18 | | The Commission shall notify the entities selected for the
| 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
| 23 | | considering
the scope and detail requested by the Commission.
| 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
| 7 | | solicitation.
| 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
| 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.
| 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%.
| 24 | | The Commission shall directly employ or retain a licensed
| 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.
| 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.
| 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.
| 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)
| 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)
| 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
| 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
| 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.
| 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.
| 4 | | The Commission shall review the proposals for compliance | 5 | | with
the
performance criteria and evaluation factors.
| 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.
| 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.
| 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)
| 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
| 22 | | entities shall also be notified in writing. The Commission may
| 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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| 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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| 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 .
| 20 | | (Source: P.A. 102-918, eff. 5-27-22.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law. |
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