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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
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.
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21 | (Source: P.A. 102-662, eff. 9-15-21.) | ||||||
22 | Section 5. The Public Building Commission Act is amended | ||||||
23 | by changing Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, | ||||||
24 | 20.20, and 20.25 as follows: |
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| |||||||
1 | (50 ILCS 20/2.5) | ||||||
2 | (Section scheduled to be repealed on June 1, 2023)
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3 | Sec. 2.5. Legislative policy; conditions for use of | ||||||
4 | design-build. It is the intent of the General Assembly that a | ||||||
5 | commission be allowed to use the design-build delivery method | ||||||
6 | for public projects if
it is shown to be in the commission's | ||||||
7 | best interest for that particular project. | ||||||
8 | It shall be the policy of the commission in the | ||||||
9 | procurement of design-build services to publicly announce all | ||||||
10 | requirements for design-build services and to procure these | ||||||
11 | services on the basis of demonstrated competence and | ||||||
12 | qualifications and with due regard for the principles of | ||||||
13 | competitive selection. | ||||||
14 | The commission shall, prior to issuing requests for | ||||||
15 | proposals, promulgate and publish procedures for the | ||||||
16 | solicitation and award of contracts pursuant to this Act. | ||||||
17 | The commission shall, for each public project or projects | ||||||
18 | permitted under this Act, make a written determination, | ||||||
19 | including a description as to the particular
advantages of the | ||||||
20 | design-build procurement method, that it is in the best | ||||||
21 | interests of the commission to enter into a design-build | ||||||
22 | contract for the project or projects. | ||||||
23 | In making that determination, the following factors shall | ||||||
24 | be considered: | ||||||
25 | (1) The probability that the design-build procurement | ||||||
26 | method will be in the best interests of the commission by |
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1 | providing a material savings of time or cost over the | ||||||
2 | design-bid-build or other delivery system. | ||||||
3 | (2) The type and size of the project and its | ||||||
4 | suitability to the design-build procurement method. | ||||||
5 | (3) The ability of the design-build entity to define | ||||||
6 | and provide comprehensive scope and performance criteria | ||||||
7 | for the project. | ||||||
8 | The commission shall require the design-build entity to | ||||||
9 | comply with the utilization goals established by the corporate | ||||||
10 | authorities of the commission for minority and women business | ||||||
11 | enterprises and to comply with Section 2-105 of the Illinois | ||||||
12 | Human Rights Act. | ||||||
13 | This Section is repealed on July 1, 2025 June 1, 2023 ; | ||||||
14 | provided that any design-build contracts entered into before | ||||||
15 | such date or any procurement of a project under this Act | ||||||
16 | commenced before such date, and the contracts resulting from | ||||||
17 | those procurements, shall remain effective.
| ||||||
18 | (Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, | ||||||
19 | eff. 8-23-19.) | ||||||
20 | (50 ILCS 20/20.3) | ||||||
21 | (Section scheduled to be repealed on June 1, 2023)
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22 | Sec. 20.3. Solicitation of design-build proposals.
| ||||||
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.
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15 | (3) The proposed budget for the project, the source of | ||||||
16 | funds, and the
currently available funds at the time the | ||||||
17 | request for proposal is submitted.
| ||||||
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)
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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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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: |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
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8 | (Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; | ||||||
9 | 102-278, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. | ||||||
10 | 5-13-22.) | ||||||
11 | (705 ILCS 135/20-5 rep.) | ||||||
12 | Section 14. The Criminal and Traffic Assessment Act is | ||||||
13 | amended by repealing Section 20-5. | ||||||
14 | Section 15. The Criminal Code of 2012 is amended by | ||||||
15 | changing Section 33G-9 as follows: | ||||||
16 | (720 ILCS 5/33G-9) | ||||||
17 | (Section scheduled to be repealed on June 11, 2023) | ||||||
18 | Sec. 33G-9. Repeal. This Article is repealed on June 1, | ||||||
19 | 2025 June 11, 2023 .
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20 | (Source: P.A. 102-918, eff. 5-27-22.)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law. |