Illinois General Assembly - Full Text of SB0089
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Full Text of SB0089  103rd General Assembly

SB0089enr 103RD GENERAL ASSEMBLY

  
  
  

 


 
SB0089 EnrolledLRB103 05113 BMS 50127 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Energy Efficient Building Act is amended by
5changing 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,
9shall create and adopt the Illinois Stretch Energy Code, to
10allow municipalities and projects authorized or funded by the
11Board to achieve more energy efficiency in buildings than the
12Illinois Energy Conservation Code through a consistent pathway
13across the State. The Illinois Stretch Energy Code shall be
14available for adoption by any municipality and shall set
15minimum energy efficiency requirements, taking the place of
16the Illinois Energy Conservation Code within any municipality
17that adopts the Illinois Stretch Energy Code.
18    (b) The Illinois Stretch Energy Code shall have separate
19components for commercial and residential buildings, which may
20be adopted by the municipality jointly or separately.
21    (c) The Illinois Stretch Energy Code shall apply to all
22projects to which an energy conservation code is applicable
23that are authorized or funded in any part by the Board after

 

 

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1July 1, 2024 January 1, 2024.
2    (d) Development of the Illinois Stretch Energy Code shall
3be completed and available for adoption by municipalities by
4June 30, 2024 December 31, 2023.
5    (e) Consistent with the requirements under paragraph (2.5)
6of subsection (g) of Section 8-103B of the Public Utilities
7Act and under paragraph (2) of subsection (j) of Section 8-104
8of the Public Utilities Act, municipalities may adopt the
9Illinois Stretch Energy Code and may use utility programs to
10support compliance with the Illinois Stretch Energy Code. The
11amount of savings from such utility efforts that may be
12counted toward achievement of their annual savings goals shall
13be based on reasonable estimates of the increase in savings
14resulting from the utility efforts, relative to reasonable
15approximations of what would have occurred absent the utility
16involvement.
17    (f) The Illinois Stretch Energy Code's residential
18components 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
4components 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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1Energy 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
23by changing Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15,
2420.20, 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
4design-build. It is the intent of the General Assembly that a
5commission be allowed to use the design-build delivery method
6for public projects if it is shown to be in the commission's
7best interest for that particular project.
8    It shall be the policy of the commission in the
9procurement of design-build services to publicly announce all
10requirements for design-build services and to procure these
11services on the basis of demonstrated competence and
12qualifications and with due regard for the principles of
13competitive selection.
14    The commission shall, prior to issuing requests for
15proposals, promulgate and publish procedures for the
16solicitation and award of contracts pursuant to this Act.
17    The commission shall, for each public project or projects
18permitted under this Act, make a written determination,
19including a description as to the particular advantages of the
20design-build procurement method, that it is in the best
21interests of the commission to enter into a design-build
22contract for the project or projects.
23    In making that determination, the following factors shall
24be 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
9comply with the utilization goals established by the corporate
10authorities of the commission for minority and women business
11enterprises and to comply with Section 2-105 of the Illinois
12Human Rights Act.
13    This Section is repealed on July 1, 2025 June 1, 2023;
14provided that any design-build contracts entered into before
15such date or any procurement of a project under this Act
16commenced before such date, and the contracts resulting from
17those procurements, shall remain effective.
18(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
19eff. 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
24delivery method, it must issue a notice of intent to receive
25proposals for the project at least 14 days before issuing the

 

 

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1request for the proposal. The Commission must publish the
2advance notice in a daily newspaper of general circulation in
3the county where the Commission is located. The Commission is
4encouraged to use publication of the notice in related
5construction industry service publications. A brief
6description of the proposed procurement must be included in
7the notice. The Commission must provide a copy of the request
8for proposal to any party requesting a copy.
9    (b) The request for proposal shall be prepared for each
10project and must contain, without limitation, the following
11information:
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
11information that it chooses to supply. The design-build entity
12shall be entitled to rely upon the accuracy of this
13documentation in the development of its proposal.
14    (d) The date that proposals are due must be at least 21
15calendar days after the date of the issuance of the request for
16proposal. In the event the cost of the project is estimated to
17exceed $12,000,000, then the proposal due date must be at
18least 28 calendar days after the date of the issuance of the
19request for proposal. The Commission shall include in the
20request for proposal a minimum of 30 days to develop the Phase
21II submissions after the selection of entities from the Phase
22I evaluation is completed.
23    (e) This Section is repealed on July 1, 2025 June 1, 2023;
24provided that any design-build contracts entered into before
25such date or any procurement of a project under this Act
26commenced before such date, and the contracts resulting from

 

 

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1those procurements, shall remain effective.
2(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
3eff. 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
7performance criteria.
8    (a) The Commission shall develop, with the assistance of a
9licensed design professional, a request for proposal, which
10shall include scope and performance criteria. The scope and
11performance criteria must be in sufficient detail and contain
12adequate information to reasonably apprise the qualified
13design-build entities of the Commission's overall programmatic
14needs and goals, including criteria and preliminary design
15plans, general budget parameters, schedule, and delivery
16requirements.
17    (b) Each request for proposal shall also include a
18description of the level of design to be provided in the
19proposals. This description must include the scope and type of
20renderings, drawings, and specifications that, at a minimum,
21will be required by the Commission to be produced by the
22design-build entities.
23    (c) The scope and performance criteria shall be prepared
24by a design professional who is an employee of the Commission,
25or the Commission may contract with an independent design

 

 

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1professional selected under the Local Government Professional
2Services Selection Act (50 ILCS 510/) to provide these
3services.
4    (d) The design professional that prepares the scope and
5performance criteria is prohibited from participating in any
6design-build entity proposal for the project.
7    (e) This Section is repealed on July 1, 2025 June 1, 2023;
8provided that any design-build contracts entered into before
9such date or any procurement of a project under this Act
10commenced before such date, and the contracts resulting from
11those procurements, shall remain effective.
12(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
13eff. 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
18selection of the successful design-build entity. Phase I of
19the procedure will evaluate and shortlist the design-build
20entities based on qualifications, and Phase II will evaluate
21the technical and cost proposals.
22    (b) The Commission shall include in the request for
23proposal the evaluating factors to be used in Phase I. These
24factors are in addition to any prequalification requirements
25of design-build entities that the Commission has set forth.

 

 

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1Each request for proposal shall establish the relative
2importance assigned to each evaluation factor and subfactor,
3including any weighting of criteria to be employed by the
4Commission. The Commission must maintain a record of the
5evaluation scoring to be disclosed in event of a protest
6regarding the solicitation.
7    The Commission shall include the following criteria in
8every Phase I evaluation of design-build entities: (1)
9experience of personnel; (2) successful experience with
10similar project types; (3) financial capability; (4)
11timeliness of past performance; (5) experience with similarly
12sized projects; (6) successful reference checks of the firm;
13(7) commitment to assign personnel for the duration of the
14project and qualifications of the entity's consultants; and
15(8) ability or past performance in meeting or exhausting good
16faith efforts to meet the utilization goals for minority and
17women business enterprises established by the corporate
18authorities of the Commission and in complying with Section
192-105 of the Illinois Human Rights Act. The Commission may
20include any additional relevant criteria in Phase I that it
21deems necessary for a proper qualification review.
22    The Commission may not consider any design-build entity
23for evaluation or award if the entity has any pecuniary
24interest in the project or has other relationships or
25circumstances, including but not limited to, long-term
26leasehold, mutual performance, or development contracts with

 

 

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1the Commission, that may give the design-build entity a
2financial or tangible advantage over other design-build
3entities in the preparation, evaluation, or performance of the
4design-build contract or that create the appearance of
5impropriety. No design-build proposal shall be considered that
6does not include an entity's plan to comply with the
7requirements established in the minority and women business
8enterprises and economically disadvantaged firms established
9by the corporate authorities of the Commission and with
10Section 2-105 of the Illinois Human Rights Act.
11    Upon completion of the qualifications evaluation, the
12Commission shall create a shortlist of the most highly
13qualified design-build entities. The Commission, in its
14discretion, is not required to shortlist the maximum number of
15entities as identified for Phase II evaluation, provided
16however, no less than 2 design-build entities nor more than 6
17are selected to submit Phase II proposals.
18    The Commission shall notify the entities selected for the
19shortlist in writing. This notification shall commence the
20period for the preparation of the Phase II technical and cost
21evaluations. The Commission must allow sufficient time for the
22shortlist entities to prepare their Phase II submittals
23considering the scope and detail requested by the Commission.
24    (c) The Commission shall include in the request for
25proposal the evaluating factors to be used in the technical
26and cost submission components of Phase II. Each request for

 

 

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1proposal shall establish, for both the technical and cost
2submission components of Phase II, the relative importance
3assigned to each evaluation factor and subfactor, including
4any weighting of criteria to be employed by the Commission.
5The Commission must maintain a record of the evaluation
6scoring to be disclosed in event of a protest regarding the
7solicitation.
8    The Commission shall include the following criteria in
9every Phase II technical evaluation of design-build entities:
10(1) compliance with objectives of the project; (2) compliance
11of proposed services to the request for proposal requirements;
12(3) quality of products or materials proposed; (4) quality of
13design parameters; (5) design concepts; (6) innovation in
14meeting the scope and performance criteria; and (7)
15constructability of the proposed project. The Commission may
16include any additional relevant technical evaluation factors
17it deems necessary for proper selection.
18    The Commission shall include the following criteria in
19every Phase II cost evaluation: the guaranteed maximum project
20cost and the time of completion. The Commission may include
21any additional relevant technical evaluation factors it deems
22necessary for proper selection. The guaranteed maximum project
23cost criteria weighing factor shall not exceed 30%.
24    The Commission shall directly employ or retain a licensed
25design professional to evaluate the technical and cost
26submissions to determine if the technical submissions are in

 

 

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1accordance with generally accepted industry standards.
2    Upon completion of the technical submissions and cost
3submissions evaluation, the Commission may award the
4design-build contract to the highest overall ranked entity.
5    (d) This Section is repealed on July 1, 2025 June 1, 2023;
6provided that any design-build contracts entered into before
7such date or any procurement of a project under this Act
8commenced before such date, and the contracts resulting from
9those procurements, shall remain effective.
10(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
11eff. 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
15where the total overall cost of the project is estimated to be
16less than $12,000,000, the Commission may combine the
17two-phase procedure for design-build selection described in
18Section 20.5 into one combined step, provided that all the
19requirements of evaluation are performed in accordance with
20Section 20.5.
21    This Section is repealed on July 1, 2025 June 1, 2023;
22provided that any design-build contracts entered into before
23such date or any procurement of a project under this Act
24commenced before such date, and the contracts resulting from
25those procurements, shall remain effective.

 

 

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1(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
2eff. 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.
6Design-build proposals must be properly identified and sealed.
7Proposals may not be reviewed until after the deadline for
8submission has passed as set forth in the request for
9proposals. All design-build entities submitting proposals
10shall be disclosed after the deadline for submission, and all
11design-build entities who are selected for Phase II evaluation
12shall also be disclosed at the time of that determination.
13    Phase II design-build proposals shall include a bid bond
14in the form and security as designated in the request for
15proposals. Proposals shall also contain a separate sealed
16envelope with the cost information within the overall proposal
17submission. Proposals shall include a list of all design
18professionals and other entities to which any work identified
19in Section 30-30 of the Illinois Procurement Code as a
20subdivision of construction work may be subcontracted during
21the performance of the contract.
22    Proposals must meet all material requirements of the
23request for proposal or they may be rejected as
24non-responsive. The Commission shall have the right to reject
25any and all proposals.

 

 

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1    The drawings and specifications of any unsuccessful
2design-build proposal shall remain the property of the
3design-build entity.
4    The Commission shall review the proposals for compliance
5with the performance criteria and evaluation factors.
6    Proposals may be withdrawn prior to the due date and time
7for submissions for any cause. After evaluation begins by the
8Commission, clear and convincing evidence of error is required
9for withdrawal.
10    This Section is repealed on July 1, 2025 June 1, 2023;
11provided that any design-build contracts entered into before
12such date or any procurement of a project under this Act
13commenced before such date, and the contracts resulting from
14those procurements, shall remain effective.
15(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
16eff. 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
20design-build contract to the highest overall ranked entity.
21Notice of award shall be made in writing. Unsuccessful
22entities shall also be notified in writing. The Commission may
23not request a best and final offer after the receipt of
24proposals. The Commission may negotiate with the selected
25design-build entity after award but prior to contract

 

 

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1execution for the purpose of securing better terms than
2originally proposed, provided that the salient features of the
3request for proposal are not diminished.
4    This Section is repealed on July 1, 2025 June 1, 2023;
5provided that any design-build contracts entered into before
6such date or any procurement of a project under this Act
7commenced before such date, and the contracts resulting from
8those procurements, shall remain effective.
9(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
10eff. 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
14construction budget.
15    (a) Each year, within 60 days following the end of a
16commission's fiscal year, the commission shall provide a
17report to the General Assembly addressing the utilization of
18minority and female owned business enterprises on design-build
19projects.
20    (b) The payments for design-build projects by any
21commission in one fiscal year shall not exceed 50% of the
22moneys spent on construction projects during the same fiscal
23year.
24    (c) This Section is repealed on July 1, 2025 June 1, 2023;
25provided that any design-build contracts entered into before

 

 

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1such date or any procurement of a project under this Act
2commenced before such date, and the contracts resulting from
3those procurements, shall remain effective.
4(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
5eff. 8-23-19.)
 
6    Section 7. The University of Illinois Act is amended by
7changing 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
12December 1, 2022, the Government Finance Research Center at
13the University of Illinois at Chicago, in coordination with an
14intergovernmental advisory committee, must issue a report
15evaluating the setting of water rates throughout the Lake
16Michigan service area of northeastern Illinois and, no later
17than December 31 1, 2024 2023, for the remainder of Illinois.
18The report must provide recommendations for policy and
19regulatory needs at the State and local level based on its
20findings. The report shall, at a minimum, address all of the
21following 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
11Government Finance Research Center shall form an advisory
12committee, which shall be composed of all of the following
13members:
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
16hold its first meeting at the call of the Director of the
17Government Finance Research Center, at which meeting the
18members shall select a chairperson from among themselves.
19After its first meeting, the committee shall meet at the call
20of the chairperson. Members of the committee shall serve
21without compensation but may be reimbursed for their
22reasonable and necessary expenses incurred in performing their
23duties. The Government Finance Research Center shall provide
24administrative 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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1Finance Research Center must provide an opportunity for public
2comment on the questions to be addressed in the report, the
3metrics to be used, and the recommendations that need to be
4issued.
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;
7102-558, eff. 8-20-21.)
 
8    Section 9. The Sports Wagering Act is amended by changing
9Section 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,
13the operation of sports wagering is only lawful when conducted
14in accordance with the provisions of this Act and the rules of
15the Illinois Gaming Board and the Department of the Lottery.
16    (b) A person placing a wager under this Act shall be at
17least 21 years of age.
18    (c) A licensee under this Act may not accept a wager on a
19minor league sports event.
20    (d) Except as otherwise provided in this Section, a
21licensee under this Act may not accept a wager for a sports
22event involving an Illinois collegiate team.
23    (d-5) Beginning on the effective date of this amendatory
24Act of the 102nd General Assembly until July 1, 2024 July 1,

 

 

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12023, a licensee under this Act may accept a wager for a sports
2event 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
9a person physically located in the State.
10    (f) Master sports wagering licensees may use any data
11source for determining the results of all tier 1 sports
12wagers.
13    (g) A sports governing body headquartered in the United
14States may notify the Board that it desires to supply official
15league data to master sports wagering licensees for
16determining the results of tier 2 sports wagers. Such
17notification shall be made in the form and manner as the Board
18may require. If a sports governing body does not notify the
19Board of its desire to supply official league data, a master
20sports wagering licensee may use any data source for
21determining the results of any and all tier 2 sports wagers on
22sports contests for that sports governing body.
23    Within 30 days of a sports governing body notifying the
24Board, master sports wagering licensees shall use only
25official league data to determine the results of tier 2 sports
26wagers on sports events sanctioned by that sports governing

 

 

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1body, unless: (1) the sports governing body or designee cannot
2provide a feed of official league data to determine the
3results of a particular type of tier 2 sports wager, in which
4case master sports wagering licensees may use any data source
5for determining the results of the applicable tier 2 sports
6wager until such time as such data feed becomes available on
7commercially reasonable terms; or (2) a master sports wagering
8licensee can demonstrate to the Board that the sports
9governing body or its designee cannot provide a feed of
10official league data to the master sports wagering licensee on
11commercially reasonable terms. During the pendency of the
12Board's determination, such master sports wagering licensee
13may use any data source for determining the results of any and
14all tier 2 sports wagers.
15    (h) A licensee under this Act may not accept wagers on a
16kindergarten 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
19changing 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
23permitted.
24    (a) In this Section:

 

 

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1    "Cocktail" or "mixed drink" means any beverage obtained by
2combining ingredients alcoholic in nature, whether brewed,
3fermented, or distilled, with ingredients non-alcoholic in
4nature, such as fruit juice, lemonade, cream, or a carbonated
5beverage.
6    "Original container" means, for the purposes of this
7Section only, a container that is (i) filled, sealed, and
8secured by a retail licensee's employee at the retail
9licensee's location with a tamper-evident lid or cap or (ii)
10filled and labeled by the manufacturer and secured by the
11manufacturer's original unbroken seal.
12    "Sealed container" means a rigid container that contains a
13mixed drink or a single serving of wine, is new, has never been
14used, has a secured lid or cap designed to prevent consumption
15without removal of the lid or cap, and is tamper-evident.
16"Sealed container" includes a manufacturer's original
17container as defined in this subsection. "Sealed container"
18does not include a container with a lid with sipping holes or
19openings for straws or a container made of plastic, paper, or
20polystyrene foam.
21    "Tamper-evident" means a lid or cap that has been sealed
22with tamper-evident covers, including, but not limited to, wax
23dip or heat shrink wrap.
24    (b) A cocktail, mixed drink, or single serving of wine
25placed in a sealed container by a retail licensee at the retail
26licensee's location or a manufacturer's original container may

 

 

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1be transferred and sold for off-premises consumption if the
2following 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,

 

 

SB0089 Enrolled- 27 -LRB103 05113 BMS 50127 b

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
14deliver cocktails and mixed drinks under this Section.
15    (d) If there is an executive order of the Governor in
16effect during a disaster, the employee delivering the mixed
17drink, cocktail, or single serving of wine must comply with
18any requirements of that executive order, including, but not
19limited to, wearing gloves and a mask and maintaining
20distancing requirements when interacting with the public.
21    (e) Delivery or carry out of a cocktail, mixed drink, or
22single 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
12applicable penalties, including, but not limited to, the
13penalties specified under Section 11-502 of the Illinois
14Vehicle Code.
15    (f-5) This Section is not intended to prohibit or preempt
16the ability of a brew pub, tap room, or distilling pub to
17continue to temporarily deliver alcoholic liquor pursuant to
18guidance issued by the State Commission on March 19, 2020
19entitled "Illinois Liquor Control Commission, COVID-19 Related
20Actions, Guidance on Temporary Delivery of Alcoholic Liquor".
21This Section shall only grant authorization to holders of
22State of Illinois retail liquor licenses but not to licensees
23that simultaneously hold any licensure or privilege to
24manufacture alcoholic liquors within or outside of the State
25of Illinois.
26    (g) This Section is not a denial or limitation of home rule

 

 

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1powers and functions under Section 6 of Article VII of the
2Illinois Constitution.
3    (h) This Section is repealed on August 1, 2028 January 3,
42024.
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
7changing 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
11other provision of law, all fees charged by the clerks of the
12circuit court for the services described in this Section shall
13be established, collected, and disbursed in accordance with
14this Section. Except as otherwise specified in this Section,
15all fees under this Section shall be paid in advance and
16disbursed by each clerk on a monthly basis. In a county with a
17population of over 3,000,000, units of local government and
18school districts shall not be required to pay fees under this
19Section in advance and the clerk shall instead send an
20itemized bill to the unit of local government or school
21district, within 30 days of the fee being incurred, and the
22unit of local government or school district shall be allowed
23at least 30 days from the date of the itemized bill to pay;
24these payments shall be disbursed by each clerk on a monthly

 

 

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1basis. Unless otherwise specified in this Section, the amount
2of a fee shall be determined by ordinance or resolution of the
3county board and remitted to the county treasurer to be used
4for purposes related to the operation of the court system in
5the county. In a county with a population of over 3,000,000,
6any amount retained by the clerk of the circuit court or
7remitted to the county treasurer shall be subject to
8appropriation by the county board.
9    (a) Civil cases. The fee for filing a complaint, petition,
10or other pleading initiating a civil action shall be as set
11forth in the applicable schedule under this subsection in
12accordance with case categories established by the Supreme
13Court 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

 

 

SB0089 Enrolled- 33 -LRB103 05113 BMS 50127 b

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

 

 

SB0089 Enrolled- 34 -LRB103 05113 BMS 50127 b

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
7civil action, including a cannabis civil law action under the
8Cannabis Control Act, shall be as set forth in the applicable
9schedule under this subsection in accordance with case
10categories 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

 

 

SB0089 Enrolled- 35 -LRB103 05113 BMS 50127 b

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
17County civil cases, there is an additional fee of up to $30 as
18set by the county board under Section 5-1101.3 of the Counties
19Code to be paid by each party at the time of filing the first
20pleading, paper, or other appearance; provided that no
21additional fee shall be required if more than one party is
22represented in a single pleading, paper, or other appearance.
23Distribution of fees collected under this subsection (b-5)
24shall be as provided in Section 5-1101.3 of the Counties Code.
25    (c) Counterclaim or third party complaint. When any
26defendant files a counterclaim or third party complaint, as

 

 

SB0089 Enrolled- 37 -LRB103 05113 BMS 50127 b

1part of the defendant's answer or otherwise, the defendant
2shall pay a filing fee for each counterclaim or third party
3complaint in an amount equal to the filing fee the defendant
4would have had to pay had the defendant brought a separate
5action for the relief sought in the counterclaim or third
6party complaint, less the amount of the appearance fee, if
7any, that the defendant has already paid in the action in which
8the counterclaim or third party complaint is filed.
9    (d) Alias summons. The clerk shall collect a fee not to
10exceed $6 in a county with a population of 3,000,000 or more
11and not to exceed $5 in any other county for each alias summons
12or citation issued by the clerk, except as applied to units of
13local government and school districts in counties with more
14than 3,000,000 inhabitants an amount not to exceed $5 for each
15alias summons or citation issued by the clerk.
16    (e) Jury services. The clerk shall collect, in addition to
17other fees allowed by law, a sum not to exceed $212.50, as a
18fee for the services of a jury in every civil action not
19quasi-criminal in its nature and not a proceeding for the
20exercise of the right of eminent domain and in every other
21action wherein the right of trial by jury is or may be given by
22law. The jury fee shall be paid by the party demanding a jury
23at the time of filing the jury demand. If the fee is not paid
24by either party, no jury shall be called in the action or
25proceeding, and the action or proceeding shall be tried by the
26court 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

 

 

SB0089 Enrolled- 39 -LRB103 05113 BMS 50127 b

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
8record on appeal shall be based on the number of pages, as
9follows:
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
20from the Supreme Court or the appellate court for a new trial,
21the clerk shall reinstate the case with either its original
22number or a new number. The clerk shall not charge any new or
23additional fee for the reinstatement. Upon reinstatement, the
24clerk shall advise the parties of the reinstatement. Parties
25shall have the same right to a jury trial on remand and
26reinstatement that they had before the appeal, and no

 

 

SB0089 Enrolled- 40 -LRB103 05113 BMS 50127 b

1additional or new fee or charge shall be made for a jury trial
2after remand.
3    (j) Garnishment, wage deduction, and citation. In
4garnishment affidavit, wage deduction affidavit, and citation
5petition 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
2subject to the exception in item (ii) of subparagraph (A-5) of
3paragraph (1) of subsection (z) of this Section, the circuit
4court shall order and the clerk shall collect from each
5judgment 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
22not exceed $10 plus the cost of postage.
23    (m) Certified copies. The fee for each certified copy of a
24judgment, 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
10division or municipal district, the clerk may collect a search
11fee not to exceed $6 for each year searched.
12    (p) Hard copy. For each page of hard copy print output,
13when case records are maintained on an automated medium, the
14clerk may collect a fee not to exceed $10 in a county with a
15population of 3,000,000 or more and not to exceed $6 in any
16other county, except as applied to units of local government
17and school districts in counties with more than 3,000,000
18inhabitants an amount not to exceed $6.
19    (q) Index inquiry and other records. No fee shall be
20charged for a single plaintiff and defendant index inquiry or
21single case record inquiry when this request is made in person
22and the records are maintained in a current automated medium,
23and when no hard copy print output is requested. The fees to be
24charged for management records, multiple case records, and
25multiple journal records may be specified by the Chief Judge
26pursuant to the guidelines for access and dissemination of

 

 

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1information approved by the Supreme Court.
2    (r) Performing a marriage. There shall be a $10 fee for
3performing a marriage in court.
4    (s) Voluntary assignment. For filing each deed of
5voluntary assignment, the clerk shall collect a fee not to
6exceed $20. For recording a deed of voluntary assignment, the
7clerk shall collect a fee not to exceed 50 cents for each 100
8words. Exceptions filed to claims presented to an assignee of
9a debtor who has made a voluntary assignment for the benefit of
10creditors shall be considered and treated, for the purpose of
11taxing costs therein, as actions in which the party or parties
12filing the exceptions shall be considered as party or parties
13plaintiff, and the claimant or claimants as party or parties
14defendant, and those parties respectively shall pay to the
15clerk the same fees as provided by this Section to be paid in
16other actions.
17    (t) Expungement petition. The clerk may collect a fee not
18to exceed $60 for each expungement petition filed and an
19additional fee not to exceed $4 for each certified copy of an
20order to expunge arrest records.
21    (u) Transcripts of judgment. For the filing of a
22transcript of judgment, the clerk may collect the same fee as
23if 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
23number, case title, or attorney computer identification
24number, if required by rule of court, on any document filed in
25the clerk's office, to be charged against the party that filed
26the 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
10be set by rule or administrative order of the circuit court
11with the approval of the Administrative Office of the Illinois
12Courts. The clerk of the circuit court may provide services in
13connection with the operation of the clerk's office, other
14than those services mentioned in this Section, as may be
15requested by the public and agreed to by the clerk and approved
16by the Chief Judge. Any charges for additional services shall
17be as agreed to between the clerk and the party making the
18request and approved by the Chief Judge. Nothing in this
19subsection shall be construed to require any clerk to provide
20any service not otherwise required by law.
21    (y-5) Unpaid fees. Unless a court ordered payment schedule
22is implemented or the fee requirements of this Section are
23waived under a court order, the clerk of the circuit court may
24add to any unpaid fees and costs under this Section a
25delinquency amount equal to 5% of the unpaid fees that remain
26unpaid after 30 days, 10% of the unpaid fees that remain unpaid

 

 

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1after 60 days, and 15% of the unpaid fees that remain unpaid
2after 90 days. Notice to those parties may be made by signage
3posting or publication. The additional delinquency amounts
4collected under this Section shall be deposited into the
5Circuit Court Clerk Operations and Administration Fund and
6used to defray additional administrative costs incurred by the
7clerk of the circuit court in collecting unpaid fees and
8costs.
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

 

 

SB0089 Enrolled- 50 -LRB103 05113 BMS 50127 b

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;
9102-278, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff.
105-13-22.)
 
11    (705 ILCS 135/20-5 rep.)
12    Section 14. The Criminal and Traffic Assessment Act is
13amended by repealing Section 20-5.
 
14    Section 15. The Criminal Code of 2012 is amended by
15changing 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,
192025 June 11, 2023.
20(Source: P.A. 102-918, eff. 5-27-22.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.