Full Text of HB1726 102nd General Assembly
HB1726enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | (15 ILCS 20/50-7 rep.) | 5 | | Section 3. The State Budget Law of the Civil | 6 | | Administrative Code of Illinois is amended by repealing | 7 | | Section 50-7. | 8 | | Section 5. The State Fair Act is amended by changing | 9 | | Section 6 as follows:
| 10 | | (20 ILCS 210/6) (from Ch. 127, par. 1706)
| 11 | | Sec. 6. Policies, procedures, and powers concerning the | 12 | | operation of fairs.
| 13 | | (a) Policies. The Department shall, pursuant to the | 14 | | Illinois Administrative Procedure Act, establish by rule: | 15 | | (1) the policy for the operation
of the Illinois State | 16 | | Fair and the DuQuoin State Fair, except those operations | 17 | | regarding contests as provided for in subparagraphs (b) | 18 | | and (c) of this Section, and | 19 | | (2) the
policies and procedures for the sale, barter, | 20 | | or exchange of tickets and
for ticket refunds for | 21 | | cancelled events.
| 22 | | (b) Contests. The Department shall establish and make |
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| 1 | | available, for all contestants and other interested persons, | 2 | | sufficient copies of a premium book or other publication that | 3 | | establishes the kinds and classes of events or exhibits for | 4 | | contests at the fairs, the conditions under which contestants | 5 | | shall be entered into contests, the qualification and | 6 | | disqualification requirements of contests, the drug testing | 7 | | requirements for contests (if applicable), the premiums to be | 8 | | offered to contest winners, the manner in which certificates | 9 | | of award shall be distributed and premiums paid to contest | 10 | | winners, the penalty for violations of a rule, condition, | 11 | | instruction, or directive, and requirements of contests, | 12 | | including but not limited to the return of all premiums paid, | 13 | | the forfeiture of awards, and the prohibition of participating | 14 | | in future contests, and all other rules and requirements for | 15 | | contests. These rules, conditions, instructions, directives, | 16 | | and requirements shall be exempt from the rulemaking | 17 | | procedures of the Illinois Administrative Procedure Act. All | 18 | | such publications issued by the Department that relate to a | 19 | | contest, event, or exhibit shall be maintained as a public | 20 | | record at the Department's principal office in Springfield, | 21 | | Illinois, and made available for public inspection and copying | 22 | | during regular business hours.
| 23 | | (c) Fees. The Department shall establish and publish for | 24 | | the Illinois State Fair and
the DuQuoin State Fair a schedule | 25 | | of admission fees, entry fees, concession
fees, space rentals | 26 | | and other fees for activities offered or provided at each
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| 1 | | State Fair. These schedules of fees shall be maintained as a | 2 | | public record at the Department's principal office in | 3 | | Springfield, Illinois, and made available for public | 4 | | inspection and copying during regular business, but shall be | 5 | | exempt from the rulemaking procedures of the Illinois | 6 | | Administrative Procedure Act. | 7 | | (d) Facilities. The Department may negotiate and enter
| 8 | | into contracts for activities and use of facilities for which | 9 | | there is not an
established or published schedule. The | 10 | | contract criteria shall be established
by rule, pursuant to | 11 | | the Illinois Administrative Procedure Act. The Department may | 12 | | lease any of its facilities for activities during
the State | 13 | | Fair.
| 14 | | (e) Advertising. The Illinois State Fair in Springfield | 15 | | and the DuQuoin State Fair shall
have the power and authority | 16 | | to sell or exchange advertising rights in all of
its | 17 | | publications and printed materials. The sale of advertising | 18 | | shall be
subject to the rules promulgated by the Department, | 19 | | pursuant to the Illinois Administrative Procedure Act. All | 20 | | income derived from
the sale of advertising at the Illinois | 21 | | State Fair in Springfield shall be
deposited into the Illinois | 22 | | State Fair Fund. All income derived from the sale of
| 23 | | advertising at the DuQuoin State Fair shall be deposited into | 24 | | the Agricultural
Premium Fund.
| 25 | | (f) Veterans. On the day set aside as Veterans Day, | 26 | | honorably discharged veterans and
members of their families |
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| 1 | | shall be admitted without admission charge upon
presentation | 2 | | of identification of any of the following: honorable discharge
| 3 | | certificate, or photostatic copy thereof, or a paid up | 4 | | membership card in
any recognized veterans organization.
| 5 | | (g) Government functions. The Governor, Lieutenant | 6 | | Governor, Attorney General, Secretary of
State, Treasurer, | 7 | | Comptroller, President and Minority Leader of the Senate,
and | 8 | | Minority Leader of the House of Representatives shall be | 9 | | afforded space for
official governmental functions, without | 10 | | charge, during the State Fair and the
DuQuoin State Fair.
| 11 | | (Source: P.A. 93-1055, eff. 11-23-04.)
| 12 | | Section 10. The Illinois Promotion Act is amended by | 13 | | changing Section 4b as follows:
| 14 | | (20 ILCS 665/4b)
| 15 | | Sec. 4b. Coordinating Committee. There is created a | 16 | | Coordinating
Committee of State agencies involved with tourism | 17 | | in the State of Illinois.
The Committee shall consist of the | 18 | | Director of Commerce and
Economic Opportunity as chairman, the | 19 | | Lieutenant Governor, the Secretary of
Transportation or his or | 20 | | her designee, and the head executive officer
or his or her | 21 | | designee of the following:
the Lincoln Presidential Library; | 22 | | the
Department of Natural Resources; the
Department of
| 23 | | Agriculture; the Illinois Arts Council; the Illinois Community | 24 | | College Board;
and the Board of
Higher Education ; and the |
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| 1 | | Grape and Wine Resources Council . The Committee
shall
also | 2 | | include 4 members of the Illinois General Assembly, one of | 3 | | whom shall be
named
by the Speaker of the House of | 4 | | Representatives, one of whom shall be named by
the Minority | 5 | | Leader of the House of Representatives, one of whom who shall | 6 | | be
named by the President of the Senate, and one of whom shall | 7 | | be named by the
Minority
Leader of the Senate. The Committee | 8 | | shall meet at least quarterly and at other
times as called by | 9 | | the chair. The Committee shall coordinate the promotion and
| 10 | | development of tourism activities throughout State government.
| 11 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 12 | | (20 ILCS 1305/10-6 rep.) | 13 | | Section 15. The Department of Human Services Act is | 14 | | amended by repealing Section 10-6.
| 15 | | (20 ILCS 2310/2310-358 rep.)
| 16 | | Section 17. The Department of Public Health Powers and | 17 | | Duties Law of the
Civil Administrative Code of Illinois is | 18 | | amended by repealing Section 2310-358. | 19 | | Section 18. The Capital Spending Accountability Law is | 20 | | amended by changing Section 805 as follows: | 21 | | (20 ILCS 3020/805)
| 22 | | Sec. 805. Reports on capital spending. On or before the |
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| 1 | | forty-fifth day after the end first day of each quarterly | 2 | | period in each fiscal year, the Governor's Office of | 3 | | Management and Budget shall provide to the Comptroller, the | 4 | | Treasurer, the President and the Minority Leader of the | 5 | | Senate, and the Speaker and the Minority Leader of the House of | 6 | | Representatives a report on the status of all capital projects | 7 | | in the State. The report may be provided in both written and | 8 | | electronic format. The report must include all of the | 9 | | following: | 10 | | (1) A brief description or stated purpose of each | 11 | | capital project where applicable (as referred to in this | 12 | | Section, "project"). | 13 | | (2) The amount and source of funds (whether from bond | 14 | | funds or other revenues) appropriated for each project, | 15 | | organized into categories including roads, mass transit, | 16 | | schools, environment, civic centers and other categories | 17 | | as applicable (as referred to in this Section, "category | 18 | | or categories"), with subtotals for each category. | 19 | | (3) The date the appropriation bill relating to each | 20 | | project was signed by the Governor, organized into | 21 | | categories. | 22 | | (4) The date the written release of the Governor for | 23 | | each project was submitted to the Comptroller or is | 24 | | projected to be submitted and, if a release for any | 25 | | project has not been submitted within 6 months after its | 26 | | appropriation became law, an explanation why the project |
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| 1 | | has not yet been released, all organized into categories. | 2 | | (5) The amount of expenditures to date by the State | 3 | | relating to each project and estimated amount of total | 4 | | State expenditures and proposed schedule of future State | 5 | | expenditures relating to each project, all organized into | 6 | | categories. | 7 | | (6) A timeline for completion of each project, | 8 | | including the dates, if applicable, of execution by the | 9 | | State of any grant agreement, any required engineering or | 10 | | design work or environmental approvals, and the estimated | 11 | | or actual dates of the start and completion of | 12 | | construction, all organized into categories. Any | 13 | | substantial variances on any project from this reported | 14 | | timeline must be explained in the next quarterly report. | 15 | | (7) A summary report of the status of all projects, | 16 | | including the amount of undisbursed funds intended to be | 17 | | held or used in the next quarter.
| 18 | | (Source: P.A. 98-692, eff. 7-1-14.) | 19 | | Section 20. The State Finance Act is amended by changing | 20 | | Section 6a as follows:
| 21 | | (30 ILCS 105/6a) (from Ch. 127, par. 142a)
| 22 | | Sec. 6a.
(1) The following items of income received by the | 23 | | State
Colleges and Universities under the jurisdiction of the | 24 | | Board of
Governors of State Colleges and Universities for |
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| 1 | | general operational and
educational purposes shall be paid | 2 | | into the state treasury without delay
and shall be covered | 3 | | into a special fund to be known
as the Board of Governors of | 4 | | State Colleges and Universities Income
Fund: (a) tuition, | 5 | | laboratory, library fees, and any interest which
may be earned | 6 | | thereon not later than 20 days after receipt of the
same | 7 | | without any deductions except for refunds to students for
whom | 8 | | duplicate payment has been made and to students who have
| 9 | | withdrawn after registration and who are entitled to such
| 10 | | refunds; and (b) excess income from auxiliary
enterprises and | 11 | | activities as provided in paragraph (2) of this Section,
and | 12 | | all other income arising out of any activity or purpose not
| 13 | | specified in paragraph (2) of this Section or in Section 6a-2
| 14 | | not later than 10 days after receipt of the same and without
| 15 | | any deduction whatever. Such items of income shall be either | 16 | | paid into
the State treasury or deposited into a college or | 17 | | university bank account
within the time period established for | 18 | | like amounts in Section 2 of the
State Officers and Employees | 19 | | Money Disposition Act; provided, that
if deposited into a bank | 20 | | account, such items together with interest thereon
shall be | 21 | | paid into the State treasury as provided in the preceding
| 22 | | sentence. The General Assembly shall from time to time make | 23 | | appropriations
payable from the Board of Governors of State | 24 | | Colleges and Universities
Income Fund for the support and | 25 | | improvement of such State Colleges and
Universities.
| 26 | | (2) The following items of income shall be retained by |
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| 1 | | each such
State College or University or by the Board of | 2 | | Governors of State
Colleges and Universities in its own | 3 | | treasury: endowment funds, gifts,
trust funds, and Federal | 4 | | aid; funds received in connection with
contracts with | 5 | | governmental, public or private agencies or persons, for
| 6 | | research or services including funds which are paid as | 7 | | reimbursement to
the State College or University or to the | 8 | | Board of Governors of State
Colleges and Universities and | 9 | | funds received in connection with its
operation of research | 10 | | and high technology parks; funds received in
connection with | 11 | | reserves authorized by Section 8a of "An Act to provide for
the | 12 | | management, operation, control and maintenance of the State | 13 | | Colleges
and Universities System", approved July 2, 1951, as | 14 | | amended; funds received
in connection with the retention, | 15 | | receipt, assignment, license, sale or
transfer of interests | 16 | | in, rights to, or income from discoveries,
inventions, | 17 | | patents, or copyrightable works; funds retained by the State
| 18 | | College or University under the authority of Section 6a-2, and | 19 | | funds
received from the operation of student or staff | 20 | | residence facilities,
student and staff medical and health | 21 | | programs, Union buildings, bookstores,
farms, stores, and | 22 | | other auxiliary enterprises or activities which are
| 23 | | self-supporting in whole or in part. Any income derived from | 24 | | such auxiliary
enterprises or activities which is not | 25 | | necessary to their support,
maintenance, or development shall | 26 | | not, however, be applied to any general
operational or |
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| 1 | | educational purpose but shall be paid into the State
Treasury | 2 | | as provided in paragraph (1) of this Section.
| 3 | | Whenever such funds retained by each such State College or | 4 | | University
or by the Board of Governors of State Colleges and | 5 | | Universities in its own
treasury are deposited with a bank or | 6 | | savings and loan association and the
amount of the deposit | 7 | | exceeds the amount of federal deposit insurance
coverage, a | 8 | | bond or pledged securities shall be obtained.
Only the types | 9 | | of securities which the State Treasurer may, in his
| 10 | | discretion, accept for amounts not insured by the Federal | 11 | | Deposit Insurance
Corporation or the Federal Savings and Loan | 12 | | Insurance Corporation under
Section 11 of "An Act in relation | 13 | | to State moneys", approved June 28, 1919,
as amended, may be | 14 | | accepted as pledged securities. The market value
of the bond | 15 | | or pledged securities shall at all times be equal to or greater
| 16 | | than the uninsured portion of the deposit.
| 17 | | (3) (Blank). All monies received by the Cooperative
| 18 | | Computer Center operated and maintained by Governors State | 19 | | University, in
conjunction and pursuant to contracts with | 20 | | other State universities, shall be
deposited in
the
| 21 | | Cooperative Computer Center Revolving Fund. The General
| 22 | | Assembly shall from time to time make appropriations from the | 23 | | Cooperative Computer Center Revolving Fund to be used for
| 24 | | expenditures incurred by the Cooperative Computer
Center.
| 25 | | (4) The Auditor General shall audit or cause to be audited | 26 | | the above
items of income and all other income and |
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| 1 | | expenditures of such institutions.
| 2 | | (5) Beginning on January 1, 1996, the provisions of | 3 | | paragraphs (1) and (2)
of
this Section shall be superseded by | 4 | | Section 5-35 of the Chicago State
University Law and Section | 5 | | 6a-1c of the State Finance Act with respect to
Chicago State | 6 | | University; by Section 10-35 of the Eastern Illinois | 7 | | University
Law and Section 6a-1d of the State Finance Act with | 8 | | respect to Eastern Illinois
University; by Section 15-35 of | 9 | | the Governors State University Law and Section
6a-1e of the | 10 | | State Finance Act with respect to Governors State University; | 11 | | by
Section 25-35 of the Northeastern Illinois University Law | 12 | | and Section 6a-1f of
the State Finance Act with respect to | 13 | | Northeastern Illinois University; and by
Section 35-35 of the | 14 | | Western Illinois University Law and Section 6a-1g of the
State | 15 | | Finance Act with respect to Western Illinois University. On | 16 | | January 1,
1996, all items of income and other funds | 17 | | deposited, retained, or otherwise
held under paragraphs (1) | 18 | | and (2) of this Section shall be transferred,
appropriated, | 19 | | retained and used as provided by the provisions of law cited in
| 20 | | this paragraph as superseding the provisions of paragraphs (1) | 21 | | and (2) of this
Section.
| 22 | | (Source: P.A. 89-4, eff. 1-1-96.)
| 23 | | (30 ILCS 105/5.72 rep.)
| 24 | | (30 ILCS 105/5.599 rep.)
| 25 | | (30 ILCS 105/5.748 rep.)
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| 1 | | (30 ILCS 105/6w rep.)
| 2 | | (30 ILCS 105/8k rep.) | 3 | | Section 23. The State Finance Act is amended by repealing | 4 | | Sections 5.72, 5.599, 5.748, 6w, and 8k. | 5 | | Section 25. The Illinois Income Tax Act is amended by | 6 | | changing Section 507DDD as follows: | 7 | | (35 ILCS 5/507DDD) | 8 | | Sec. 507DDD. Special Olympics Illinois and Special | 9 | | Children's Checkoff. For taxable years beginning on or after | 10 | | January 1, 2015, the Department shall print on its standard | 11 | | individual income tax form a provision indicating that if the | 12 | | taxpayer wishes to contribute to the Special Olympics Illinois | 13 | | and Special Children's Charities Checkoff Fund as authorized | 14 | | by Public Act 99-423, he or she may do so by stating the amount | 15 | | of the contribution (not less than $1) on the return and that | 16 | | the contribution will reduce the taxpayer's refund or increase | 17 | | the amount of payment to accompany the return. Failure to | 18 | | remit any amount of increased payment shall reduce the | 19 | | contribution accordingly. This Section shall not apply to an | 20 | | amended return. For the purpose of this Section, the | 21 | | Department of Revenue must distribute the moneys as provided | 22 | | in subsection 21.9(b) of the Illinois Lottery Law: (i) 75% of | 23 | | the moneys to Special Olympics Illinois to support the | 24 | | statewide training, competitions, and programs for future |
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| 1 | | Special Olympics athletes; and (ii) 25% of the moneys to | 2 | | Special Children's Charities to support the City of | 3 | | Chicago-wide training, competitions, and programs for future | 4 | | Special Olympics athletes.
| 5 | | (Source: P.A. 99-423, eff. 8-20-15; 99-642, eff. 7-28-16.)
| 6 | | (35 ILCS 5/507AA rep.)
| 7 | | (35 ILCS 5/507BB rep.)
| 8 | | (35 ILCS 5/507TT rep.) | 9 | | Section 30. The Illinois Income Tax Act is amended by | 10 | | repealing Sections 507AA, 507BB, and 507TT. | 11 | | Section 35. The Illinois Estate and Generation-Skipping | 12 | | Transfer Tax Act is amended by changing Section 13 as follows:
| 13 | | (35 ILCS 405/13) (from Ch. 120, par. 405A-13)
| 14 | | Sec. 13. Collection by county treasurers; tax collection | 15 | | distribution
fund. | 16 | | (a) Collection by county treasurers. Each county treasurer | 17 | | shall
transmit to the State Treasurer all taxes, interest or | 18 | | penalties paid to
the county treasurer under this Act and in | 19 | | the county treasurer's
possession as of the last day of the | 20 | | previous
month, together with a report under oath identifying | 21 | | the taxpayer for or by
whom an amount was paid. Those amounts | 22 | | and the report shall be
transmitted to and received by the
| 23 | | State Treasurer by the 10th day of each month. At the same |
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| 1 | | time, a copy of
the report shall be
furnished to the Attorney | 2 | | General. The report shall
be in a form and contain the | 3 | | particulars as the State Treasurer may
prescribe. The State | 4 | | Treasurer shall give the county treasurer a receipt
for the | 5 | | amount transmitted to the State Treasurer. Except as provided | 6 | | in subsection (a-5) of this Section, if any county treasurer | 7 | | fails
to pay to the State Treasurer all amounts that may be due | 8 | | and payable under
this Act as required by this Section, the | 9 | | county treasurer shall pay to the
State Treasurer, as a | 10 | | penalty, a sum of money equal to the
interest on the amounts | 11 | | not paid at the rate of 1% per month from the time those
| 12 | | amounts are due by the county treasurer until those amounts | 13 | | are paid. The
sureties upon the official bond of the county | 14 | | treasurer shall be security
for the payment of the penalty. | 15 | | The penalty under this Section may
be recovered in a civil | 16 | | action against the county treasurer and his or her
sureties, | 17 | | in the name of the People of the State of Illinois, in the
| 18 | | circuit court within the county wherein the county treasurer | 19 | | is resident;
and the penalty, when recovered, shall be paid | 20 | | into the State treasury.
The civil action to recover the | 21 | | penalty shall be brought by the State
treasurer within 10 days | 22 | | after
the failure of the county treasurer to pay to the State | 23 | | Treasurer any
amounts collected by the county treasurer within | 24 | | the time required by this Act. Failure
to bring the action | 25 | | within that time shall not prevent the bringing of the
action | 26 | | thereafter. It is the duty of the State Treasurer to
make |
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| 1 | | necessary and proper investigation to determine what amounts | 2 | | should
be paid under this Act.
| 3 | | (a-5) The State Treasurer may waive penalties imposed by | 4 | | subsection (a) of this Section on a case-by-case basis if the | 5 | | State Treasurer finds that imposing penalties would be | 6 | | unreasonable or unnecessarily burdensome because the delay in | 7 | | payment was due to an incident caused by the operation of an | 8 | | extraordinary force, including, but not limited to, the | 9 | | occurrence of a natural disaster, that cannot be foreseen, | 10 | | that cannot be avoided by the exercise of due care, and for | 11 | | which no person can be held liable. | 12 | | (b) (Blank). Transfer Tax Collection Distributive Fund.
| 13 | | The Transfer Tax Collection Distributive Fund is created as a | 14 | | special fund in the
State treasury. The Fund is a continuation | 15 | | of the Fund of the same name
created under the Illinois Estate | 16 | | Tax Law, repealed by this Act. As soon
as may be after the | 17 | | first
day of each month after
the effective date of this Act, | 18 | | and before September 1, 2012, the State Treasurer
shall | 19 | | transfer from the General Revenue Fund to
the Transfer Tax | 20 | | Collection Distributive
Fund an amount equal to 6% of the net | 21 | | revenue realized from this Act
during the preceding month.
| 22 | | As soon as may be after the first day of each month, the | 23 | | State Treasurer shall
allocate among the counties of this | 24 | | State the amount available in the
Transfer Tax Collection | 25 | | Distributive Fund. The allocation to each county
shall be 6% | 26 | | of the net revenues collected by the county treasurer under
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| 1 | | this Act. The State Comptroller, pursuant to appropriation, | 2 | | shall then pay
those allocations over to the counties. As soon | 3 | | as possible after all of the required monthly allocations are | 4 | | made from the Transfer Tax Collection Distributive Fund and | 5 | | before September 1, 2012, the State Comptroller shall order | 6 | | transferred and the State Treasurer shall transfer any moneys | 7 | | remaining in the Transfer Tax Collection Distributive Fund | 8 | | from that Fund to the General Revenue Fund, and the Transfer | 9 | | Tax Collection Distributive Fund shall be dissolved.
| 10 | | (c) On and after July 1, 2012, 94% of the amounts collected | 11 | | from the taxes, interest, and penalties collected under this | 12 | | Act shall be deposited into the General Revenue Fund and 6% of | 13 | | those amounts shall be deposited into the Estate Tax Refund | 14 | | Fund, a special fund created in the State treasury. | 15 | | Moneys in the Estate Tax Refund Fund shall be expended | 16 | | exclusively for the purpose of paying refunds resulting from | 17 | | overpayment of tax liability under this Act, except that, | 18 | | whenever the State Treasurer determines that any such moneys | 19 | | in the Fund exceed the amount required for the purpose of | 20 | | paying refunds resulting from overpayment of tax liability | 21 | | under this Act, the State Treasurer may transfer any such | 22 | | excess amounts from the Estate Tax Refund Fund to the General | 23 | | Revenue Fund. | 24 | | The Treasurer shall order payment of refunds resulting | 25 | | from overpayment of tax liability under this Act from the | 26 | | Estate Tax Refund Fund only to the extent that amounts have |
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| 1 | | been deposited and retained in the Fund. | 2 | | Public Act 97-732 This amendatory Act of the 97th General | 3 | | Assembly shall constitute an irrevocable and continuing | 4 | | appropriation from the Estate Tax Refund Fund for the purpose | 5 | | of paying refunds upon the order of the Treasurer in | 6 | | accordance with the provisions of this Act and for the purpose | 7 | | of paying refunds under this Act. | 8 | | (Source: P.A. 96-1162, eff. 7-21-10; 97-732, eff. 6-30-12.)
| 9 | | Section 37. The Higher Education Veterans Service Act is | 10 | | amended by changing Section 15 as follows: | 11 | | (110 ILCS 49/15)
| 12 | | Sec. 15. Survey; coordinator; best practices report; best | 13 | | efforts.
| 14 | | (a) All public colleges and universities shall, within 60 | 15 | | days after the effective date of this Act, conduct a survey of | 16 | | the services and programs that are provided for veterans, | 17 | | active duty military personnel, and their families, at each of | 18 | | their respective campuses. This survey shall enumerate and | 19 | | fully describe the service or program that is available, the | 20 | | number of veterans or active duty personnel using the service | 21 | | or program, an estimated range for potential use within a | 22 | | 5-year and 10-year period, information on the location of the | 23 | | service or program, and how its administrators may be | 24 | | contacted. The survey shall indicate the manner or manners in |
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| 1 | | which a student veteran may avail himself or herself of the | 2 | | program's services. This survey must be made available to all | 3 | | veterans matriculating at the college or university in the | 4 | | form of an orientation-related guidebook. | 5 | | Each public college and university shall make the survey | 6 | | available on the homepage of all campus Internet links as soon | 7 | | as practical after the completion of the survey. As soon as | 8 | | possible after the completion of the survey, each public | 9 | | college and university shall provide a copy of its survey to | 10 | | the following: | 11 | | (1) the Board of Higher Education; | 12 | | (2) the Department of Veterans' Affairs; | 13 | | (3) the President and Minority Leader of the Senate | 14 | | and the Speaker and Minority Leader of the House of | 15 | | Representatives; and | 16 | | (4) the Governor. | 17 | | (b) Each public college and university shall, at its | 18 | | discretion, (i) appoint, within 6 months after the effective | 19 | | date of this Act, an existing employee or (ii) hire a new | 20 | | employee to serve as a Coordinator of Veterans and Military | 21 | | Personnel Student Services on each campus of the college or | 22 | | university that has an onsite, daily, full-time student | 23 | | headcount above 1,000 students. | 24 | | The Coordinator of Veterans and Military Personnel Student | 25 | | Services shall be an ombudsperson serving the specific needs | 26 | | of student veterans and military personnel and their families |
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| 1 | | and shall serve as an advocate before the administration of | 2 | | the college or university for the needs of student veterans. | 3 | | The college or university shall enable the Coordinator of | 4 | | Veterans and Military Personnel Student Services to | 5 | | communicate directly with the senior executive administration | 6 | | of the college or university periodically. The college or | 7 | | university shall retain unfettered discretion to determine the | 8 | | organizational management structure of its institution. | 9 | | In addition to any responsibilities the college or | 10 | | university may assign, the Coordinator of Veterans and | 11 | | Military Personnel Student Services shall make its best | 12 | | efforts to create a centralized source for student veterans | 13 | | and military personnel to learn how to receive all benefit | 14 | | programs and services for which they are eligible. | 15 | | Each college and university campus that is required to | 16 | | have a Coordinator of Veterans and Military Personnel Student | 17 | | Services shall regularly and conspicuously advertise the | 18 | | office location and , phone number of , and Internet access to | 19 | | the Coordinator of Veterans and Military Personnel Student | 20 | | Services, along with a brief summary of the manner in which he | 21 | | or she can assist student veterans. The advertisement shall | 22 | | include, but is not necessarily limited to, the following: | 23 | | (1) advertisements on each campus' Internet home page; | 24 | | and | 25 | | (2) any promotional mailings for student application. | 26 | | The Coordinator of Veterans and Military Personnel Student |
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| 1 | | Services shall facilitate other campus offices with the | 2 | | promotion of programs and services that are available. | 3 | | (c) Upon receipt of all of the surveys under subsection | 4 | | (a) of this Section, the Board of Higher Education and the | 5 | | Department of Veterans' Affairs shall conduct a joint review | 6 | | of the surveys . The Department of Veterans' Affairs shall and | 7 | | post, on any Internet home page it they may operate, a link to | 8 | | each survey as posted on the Internet website for the college | 9 | | or university. The Board of Higher Education shall post, on | 10 | | any Internet home page it may operate, a link to each survey as | 11 | | posted on the Internet website for the college or university | 12 | | or an annual report or document containing survey information | 13 | | for each college or university. Upon receipt of all of the | 14 | | surveys, the Office of the Governor, through its military | 15 | | affairs advisors, shall similarly conduct a review of the | 16 | | surveys and post the surveys on its Internet website . | 17 | | Following its review of the surveys, the Office of the | 18 | | Governor shall submit an evaluation report to each college and | 19 | | university offering suggestions and insight on the conduct of | 20 | | student veteran-related policies and programs. | 21 | | (d) The Board of Higher Education and the Department of | 22 | | Veterans' Affairs may issue a best practices report to | 23 | | highlight those programs and services that are most beneficial | 24 | | to veterans and active duty military personnel. The report | 25 | | shall contain a fiscal needs assessment in conjunction with | 26 | | any program recommendations. |
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| 1 | | (e) Each college and university campus that is required to | 2 | | have a Coordinator of Veterans and Military Personnel Student | 3 | | Services under subsection (b) of this Section shall make its | 4 | | best efforts to create academic and social programs and | 5 | | services for veterans and active duty military personnel that | 6 | | will provide reasonable opportunities for academic performance | 7 | | and success. | 8 | | Each public college and university shall make its best | 9 | | efforts to determine how its online educational curricula can | 10 | | be expanded or altered to serve the needs of student veterans | 11 | | and currently-deployed military, including a determination of | 12 | | whether and to what extent the public colleges and | 13 | | universities can share existing technologies to improve the | 14 | | online curricula of peer institutions, provided such efforts | 15 | | are both practically and economically feasible.
| 16 | | (Source: P.A. 96-133, eff. 8-7-09; revised 7-16-19.)
| 17 | | (235 ILCS 5/1-3.37 rep.)
| 18 | | Section 40. The Liquor Control Act of 1934 is amended by | 19 | | repealing Section 1-3.37.
| 20 | | (305 ILCS 40/Act rep.)
| 21 | | Section 45. The Nursing Home Grant Assistance Act is | 22 | | repealed. | 23 | | Section 50. The Clerks of Courts Act is amended by |
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| 1 | | changing Section 27.1b as follows: | 2 | | (705 ILCS 105/27.1b) | 3 | | (Section scheduled to be repealed on January 1, 2022) | 4 | | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | 5 | | other provision of law, all fees charged by the clerks of the | 6 | | circuit court for the services described in this Section shall | 7 | | be established, collected, and disbursed in accordance with | 8 | | this Section. Except as otherwise specified in this Section, | 9 | | all fees under this Section shall be paid in advance and | 10 | | disbursed by each clerk on a monthly basis. In a county with a | 11 | | population of over 3,000,000, units of local government and | 12 | | school districts shall not be required to pay fees under this | 13 | | Section in advance and the clerk shall instead send an | 14 | | itemized bill to the unit of local government or school | 15 | | district, within 30 days of the fee being incurred, and the | 16 | | unit of local government or school district shall be allowed | 17 | | at least 30 days from the date of the itemized bill to pay; | 18 | | these payments shall be disbursed by each clerk on a monthly | 19 | | basis. Unless otherwise specified in this Section, the amount | 20 | | of a fee shall be determined by ordinance or resolution of the | 21 | | county board and remitted to the county treasurer to be used | 22 | | for purposes related to the operation of the court system in | 23 | | the county. In a county with a population of over 3,000,000, | 24 | | any amount retained by the clerk of the circuit court or | 25 | | remitted to the county treasurer shall be subject to |
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| 1 | | appropriation by the county board. | 2 | | (a) Civil cases. The fee for filing a complaint, petition, | 3 | | or other pleading initiating a civil action shall be as set | 4 | | forth in the applicable schedule under this subsection in | 5 | | accordance with case categories established by the Supreme | 6 | | Court in schedules. | 7 | | (1) SCHEDULE 1: not to exceed a total of $366 in a | 8 | | county with a population of 3,000,000 or more and not to | 9 | | exceed $316 in any other county, except as applied to | 10 | | units of local government and school districts in counties | 11 | | with more than 3,000,000 inhabitants an amount not to | 12 | | exceed $190 through December 31, 2021 and $184 on and | 13 | | after January 1, 2022. The fees collected under this | 14 | | schedule shall be disbursed as follows: | 15 | | (A) The clerk shall retain a sum, in an amount not | 16 | | to exceed $55 in a county with a population of | 17 | | 3,000,000 or more and in an amount not to exceed $45 in | 18 | | any other county determined by the clerk with the | 19 | | approval of the Supreme Court, to be used for court | 20 | | automation, court document storage, and administrative | 21 | | purposes. | 22 | | (B) The clerk shall remit up to $21 to the State | 23 | | Treasurer. The State Treasurer shall deposit the | 24 | | appropriate amounts, in accordance with the clerk's | 25 | | instructions, as follows: | 26 | | (i) up to $10, as specified by the Supreme |
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| 1 | | Court in accordance with Part 10A of Article II of | 2 | | the Code of Civil Procedure, into the Mandatory | 3 | | Arbitration Fund; | 4 | | (ii) $2 into the Access to Justice Fund; and | 5 | | (iii) $9 into the Supreme Court Special | 6 | | Purposes Fund. | 7 | | (C) The clerk shall remit a sum to the County | 8 | | Treasurer, in an amount not to exceed $290 in a county | 9 | | with a population of 3,000,000 or more and in an amount | 10 | | not to exceed $250 in any other county, as specified by | 11 | | ordinance or resolution passed by the county board, | 12 | | for purposes related to the operation of the court | 13 | | system in the county. | 14 | | (2) SCHEDULE 2: not to exceed a total of $357 in a | 15 | | county with a population of 3,000,000 or more and not to | 16 | | exceed $266 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 $281 in a county | 16 | | with a population of 3,000,000 or more and in an amount | 17 | | not to exceed $200 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 | | (3) SCHEDULE 3: not to exceed a total of $265 in a | 22 | | county with a population of 3,000,000 or more and not to | 23 | | exceed $89 in any other county, except as applied to units | 24 | | of local government and school districts in counties with | 25 | | more than 3,000,000 inhabitants an amount not to exceed | 26 | | $190 through December 31, 2021 and $184 on and after |
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| 1 | | January 1, 2022. The fees collected under this schedule | 2 | | 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 $22 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 $11 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) $2 into the Access to Justice Fund; and | 15 | | (ii) $9 into the Supreme Court Special | 16 | | Purposes Fund. | 17 | | (C) The clerk shall remit a sum to the County | 18 | | Treasurer, in an amount not to exceed $199 in a county | 19 | | with a population of 3,000,000 or more and in an amount | 20 | | not to exceed $56 in any other county, as specified by | 21 | | ordinance or resolution passed by the county board, | 22 | | for purposes related to the operation of the court | 23 | | system in the county. | 24 | | (4) SCHEDULE 4: $0. | 25 | | (b) Appearance. The fee for filing an appearance in a | 26 | | civil action, including a cannabis civil law action under the |
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| 1 | | Cannabis Control Act, shall be as set forth in the applicable | 2 | | schedule under this subsection in accordance with case | 3 | | categories established by the Supreme Court in schedules. | 4 | | (1) SCHEDULE 1: not to exceed a total of $230 in a | 5 | | county with a population of 3,000,000 or more and not to | 6 | | exceed $191 in any other county, except as applied to | 7 | | units of local government and school districts in counties | 8 | | with more than 3,000,000 inhabitants an amount not to | 9 | | exceed $75. The fees collected under this schedule shall | 10 | | be disbursed as follows: | 11 | | (A) The clerk shall retain a sum, in an amount not | 12 | | to exceed $50 in a county with a population of | 13 | | 3,000,000 or more and in an amount not to exceed $45 in | 14 | | any other county determined by the clerk with the | 15 | | approval of the Supreme Court, to be used for court | 16 | | automation, court document storage, and administrative | 17 | | purposes. | 18 | | (B) The clerk shall remit up to $21 to the State | 19 | | Treasurer. The State Treasurer shall deposit the | 20 | | appropriate amounts, in accordance with the clerk's | 21 | | instructions, as follows: | 22 | | (i) up to $10, as specified by the Supreme | 23 | | Court in accordance with Part 10A of Article II of | 24 | | the Code of Civil Procedure, into the Mandatory | 25 | | Arbitration Fund; | 26 | | (ii) $2 into the Access to Justice Fund; and |
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| 1 | | (iii) $9 into the Supreme Court Special | 2 | | Purposes Fund. | 3 | | (C) The clerk shall remit a sum to the County | 4 | | Treasurer, in an amount not to exceed $159 in a county | 5 | | with a population of 3,000,000 or more and in an amount | 6 | | not to exceed $125 in any other county, as specified by | 7 | | ordinance or resolution passed by the county board, | 8 | | for purposes related to the operation of the court | 9 | | system in the county. | 10 | | (2) SCHEDULE 2: not to exceed a total of $130 in a | 11 | | county with a population of 3,000,000 or more and not to | 12 | | exceed $109 in any other county, except as applied to | 13 | | units of local government and school districts in counties | 14 | | with more than 3,000,000 inhabitants an amount not to | 15 | | exceed $75. The fees collected under this schedule shall | 16 | | be disbursed as follows: | 17 | | (A) The clerk shall retain a sum, in an amount not | 18 | | to exceed $50 in a county with a population of | 19 | | 3,000,000 or more and in an amount not to exceed $10 in | 20 | | any other county determined by the clerk with the | 21 | | approval of the Supreme Court, to be used for court | 22 | | automation, court document storage, and administrative | 23 | | purposes. | 24 | | (B) The clerk shall remit $9 to the State | 25 | | Treasurer, which the State Treasurer shall deposit | 26 | | into the Supreme Court Special Purposes Purpose Fund. |
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| 1 | | (C) The clerk shall remit a sum to the County | 2 | | Treasurer, in an amount not to exceed $71 in a county | 3 | | with a population of 3,000,000 or more and in an amount | 4 | | not to exceed $90 in any other county, as specified by | 5 | | ordinance or resolution passed by the county board, | 6 | | for purposes related to the operation of the court | 7 | | system in the county. | 8 | | (3) SCHEDULE 3: $0. | 9 | | (b-5) Kane County and Will County. In Kane County and Will | 10 | | County civil cases, there is an additional fee of up to $30 as | 11 | | set by the county board under Section 5-1101.3 of the Counties | 12 | | Code to be paid by each party at the time of filing the first | 13 | | pleading, paper, or other appearance; provided that no | 14 | | additional fee shall be required if more than one party is | 15 | | represented in a single pleading, paper, or other appearance. | 16 | | Distribution of fees collected under this subsection (b-5) | 17 | | shall be as provided in Section 5-1101.3 of the Counties Code. | 18 | | (c) Counterclaim or third party complaint. When any | 19 | | defendant files a counterclaim or third party complaint, as | 20 | | part of the defendant's answer or otherwise, the defendant | 21 | | shall pay a filing fee for each counterclaim or third party | 22 | | complaint in an amount equal to the filing fee the defendant | 23 | | would have had to pay had the defendant brought a separate | 24 | | action for the relief sought in the counterclaim or third | 25 | | party complaint, less the amount of the appearance fee, if | 26 | | any, that the defendant has already paid in the action in which |
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| 1 | | the counterclaim or third party complaint is filed. | 2 | | (d) Alias summons. The clerk shall collect a fee not to | 3 | | exceed $6 in a county with a population of 3,000,000 or more | 4 | | and not to exceed $5 in any other county for each alias summons | 5 | | or citation issued by the clerk, except as applied to units of | 6 | | local government and school districts in counties with more | 7 | | than 3,000,000 inhabitants an amount not to exceed $5 for each | 8 | | alias summons or citation issued by the clerk. | 9 | | (e) Jury services. The clerk shall collect, in addition to | 10 | | other fees allowed by law, a sum not to exceed $212.50, as a | 11 | | fee for the services of a jury in every civil action not | 12 | | quasi-criminal in its nature and not a proceeding for the | 13 | | exercise of the right of eminent domain and in every other | 14 | | action wherein the right of trial by jury is or may be given by | 15 | | law. The jury fee shall be paid by the party demanding a jury | 16 | | at the time of filing the jury demand. If the fee is not paid | 17 | | by either party, no jury shall be called in the action or | 18 | | proceeding, and the action or proceeding shall be tried by the | 19 | | court without a jury. | 20 | | (f) Change of venue. In connection with a change of venue: | 21 | | (1) The clerk of the jurisdiction from which the case | 22 | | is transferred may charge a fee, not to exceed $40, for the | 23 | | preparation and certification of the record; and | 24 | | (2) The clerk of the jurisdiction to which the case is | 25 | | transferred may charge the same filing fee as if it were | 26 | | the commencement of a new suit. |
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| 1 | | (g) Petition to vacate or modify. | 2 | | (1) In a proceeding involving a petition to vacate or | 3 | | modify any final judgment or order filed within 30 days | 4 | | after the judgment or order was entered, except for an | 5 | | eviction case, small claims case, petition to reopen an | 6 | | estate, petition to modify, terminate, or enforce a | 7 | | judgment or order for child or spousal support, or | 8 | | petition to modify, suspend, or terminate an order for | 9 | | withholding, the fee shall not exceed $60 in a county with | 10 | | a population of 3,000,000 or more and shall not exceed $50 | 11 | | in any other county, except as applied to units of local | 12 | | government and school districts in counties with more than | 13 | | 3,000,000 inhabitants an amount not to exceed $50. | 14 | | (2) In a proceeding involving a petition to vacate or | 15 | | modify any final judgment or order filed more than 30 days | 16 | | after the judgment or order was entered, except for a | 17 | | petition to modify, terminate, or enforce a judgment or | 18 | | order for child or spousal support, or petition to modify, | 19 | | suspend, or terminate an order for withholding, the fee | 20 | | shall not exceed $75. | 21 | | (3) In a proceeding involving a motion to vacate or | 22 | | amend a final order, motion to vacate an ex parte | 23 | | judgment, judgment of forfeiture, or "failure to appear" | 24 | | or "failure to comply" notices sent to the Secretary of | 25 | | State, the fee shall equal $40. | 26 | | (h) Appeals preparation. The fee for preparation of a |
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| 1 | | record on appeal shall be based on the number of pages, as | 2 | | follows: | 3 | | (1) if the record contains no more than 100 pages, the | 4 | | fee shall not exceed $70 in a county with a population of | 5 | | 3,000,000 or more and shall not exceed $50 in any other | 6 | | county; | 7 | | (2) if the record contains between 100 and 200 pages, | 8 | | the fee shall not exceed $100; and | 9 | | (3) if the record contains 200 or more pages, the | 10 | | clerk may collect an additional fee not to exceed 25 cents | 11 | | per page. | 12 | | (i) Remands. In any cases remanded to the circuit court | 13 | | from the Supreme Court or the appellate court for a new trial, | 14 | | the clerk shall reinstate the case with either its original | 15 | | number or a new number. The clerk shall not charge any new or | 16 | | additional fee for the reinstatement. Upon reinstatement, the | 17 | | clerk shall advise the parties of the reinstatement. Parties | 18 | | shall have the same right to a jury trial on remand and | 19 | | reinstatement that they had before the appeal, and no | 20 | | additional or new fee or charge shall be made for a jury trial | 21 | | after remand. | 22 | | (j) Garnishment, wage deduction, and citation. In | 23 | | garnishment affidavit, wage deduction affidavit, and citation | 24 | | petition proceedings: | 25 | | (1) if the amount in controversy in the proceeding is | 26 | | not more than $1,000, the fee may not exceed $35 in a |
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| 1 | | county with a population of 3,000,000 or more and may not | 2 | | exceed $15 in any other county, except as applied to units | 3 | | of local government and school districts in counties with | 4 | | more than 3,000,000 inhabitants an amount not to exceed | 5 | | $15; | 6 | | (2) if the amount in controversy in the proceeding is | 7 | | greater than $1,000 and not more than $5,000, the fee may | 8 | | not exceed $45 in a county with a population of 3,000,000 | 9 | | or more and may not exceed $30 in any other county, except | 10 | | as applied to units of local government and school | 11 | | districts in counties with more than 3,000,000 inhabitants | 12 | | an amount not to exceed $30; and | 13 | | (3) if the amount in controversy in the proceeding is | 14 | | greater than $5,000, the fee may not exceed $65 in a county | 15 | | with a population of 3,000,000 or more and may not exceed | 16 | | $50 in any other county, except as applied to units of | 17 | | local government and school districts in counties with | 18 | | more than 3,000,000 inhabitants an amount not to exceed | 19 | | $50. | 20 | | (j-5) Debt collection. In any proceeding to collect a debt | 21 | | subject to the exception in item (ii) of subparagraph (A-5) of | 22 | | paragraph (1) of subsection (z) of this Section, the circuit | 23 | | court shall order and the clerk shall collect from each | 24 | | judgment debtor a fee of: | 25 | | (1) $35 if the amount in controversy in the proceeding | 26 | | is not more than $1,000; |
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| 1 | | (2) $45 if the amount in controversy in the proceeding | 2 | | is greater than $1,000 and not more than $5,000; and | 3 | | (3) $65 if the amount in controversy in the proceeding | 4 | | is greater than $5,000. | 5 | | (k) Collections. | 6 | | (1) For all collections made of others, except the | 7 | | State and county and except in maintenance or child | 8 | | support cases, the clerk may collect a fee of up to 2.5% of | 9 | | the amount collected and turned over. | 10 | | (2) In child support and maintenance cases, the clerk | 11 | | may collect an annual fee of up to $36 from the person | 12 | | making payment for maintaining child support records and | 13 | | the processing of support orders to the State of Illinois | 14 | | KIDS system and the recording of payments issued by the | 15 | | State Disbursement Unit for the official record of the | 16 | | Court. This fee is in addition to and separate from | 17 | | amounts ordered to be paid as maintenance or child support | 18 | | and shall be deposited into a Separate Maintenance and | 19 | | Child Support Collection Fund, of which the clerk shall be | 20 | | the custodian, ex officio, to be used by the clerk to | 21 | | maintain child support orders and record all payments | 22 | | issued by the State Disbursement Unit for the official | 23 | | record of the Court. The clerk may recover from the person | 24 | | making the maintenance or child support payment any | 25 | | additional cost incurred in the collection of this annual | 26 | | fee. |
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| 1 | | (3) The clerk may collect a fee of $5 for | 2 | | certifications made to the Secretary of State as provided | 3 | | in Section 7-703 of the Illinois Vehicle Code, and this | 4 | | fee shall be deposited into the Separate Maintenance and | 5 | | Child Support Collection Fund. | 6 | | (4) In proceedings
to foreclose the lien of delinquent | 7 | | real estate taxes, State's Attorneys
shall receive a fee | 8 | | of 10%
of the total amount realized from the sale of real | 9 | | estate sold in the
proceedings. The clerk shall collect | 10 | | the fee from the total amount realized from
the sale of the | 11 | | real estate sold in the proceedings and remit to the | 12 | | County Treasurer to be credited to the earnings of the | 13 | | Office of the State's Attorney. | 14 | | (l) Mailing. The fee for the clerk mailing documents shall | 15 | | not exceed $10 plus the cost of postage. | 16 | | (m) Certified copies. The fee for each certified copy of a | 17 | | judgment, after the first copy, shall not exceed $10. | 18 | | (n) Certification, authentication, and reproduction. | 19 | | (1) The fee for each certification or authentication | 20 | | for taking the acknowledgment of a deed or other | 21 | | instrument in writing with the seal of office shall not | 22 | | exceed $6. | 23 | | (2) The fee for reproduction of any document contained | 24 | | in the clerk's files shall not exceed: | 25 | | (A) $2 for the first page; | 26 | | (B) 50 cents per page for the next 19 pages; and |
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| 1 | | (C) 25 cents per page for all additional pages. | 2 | | (o) Record search. For each record search, within a | 3 | | division or municipal district, the clerk may collect a search | 4 | | fee not to exceed $6 for each year searched. | 5 | | (p) Hard copy. For each page of hard copy print output, | 6 | | when case records are maintained on an automated medium, the | 7 | | clerk may collect a fee not to exceed $10 in a county with a | 8 | | population of 3,000,000 or more and not to exceed $6 in any | 9 | | other county, except as applied to units of local government | 10 | | and school districts in counties with more than 3,000,000 | 11 | | inhabitants an amount not to exceed $6. | 12 | | (q) Index inquiry and other records. No fee shall be | 13 | | charged for a single plaintiff and defendant index inquiry or | 14 | | single case record inquiry when this request is made in person | 15 | | and the records are maintained in a current automated medium, | 16 | | and when no hard copy print output is requested. The fees to be | 17 | | charged for management records, multiple case records, and | 18 | | multiple journal records may be specified by the Chief Judge | 19 | | pursuant to the guidelines for access and dissemination of | 20 | | information approved by the Supreme Court. | 21 | | (r) Performing a marriage. There shall be a $10 fee for | 22 | | performing a marriage in court. | 23 | | (s) Voluntary assignment. For filing each deed of | 24 | | voluntary assignment, the clerk shall collect a fee not to | 25 | | exceed $20. For recording a deed of voluntary assignment, the | 26 | | clerk shall collect a fee not to exceed 50 cents for each 100 |
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| 1 | | words. Exceptions filed to claims presented to an assignee of | 2 | | a debtor who has made a voluntary assignment for the benefit of | 3 | | creditors shall be considered and treated, for the purpose of | 4 | | taxing costs therein, as actions in which the party or parties | 5 | | filing the exceptions shall be considered as party or parties | 6 | | plaintiff, and the claimant or claimants as party or parties | 7 | | defendant, and those parties respectively shall pay to the | 8 | | clerk the same fees as provided by this Section to be paid in | 9 | | other actions. | 10 | | (t) Expungement petition. The clerk may collect a fee not | 11 | | to exceed $60 for each expungement petition filed and an | 12 | | additional fee not to exceed $4 for each certified copy of an | 13 | | order to expunge arrest records. | 14 | | (u) Transcripts of judgment. For the filing of a | 15 | | transcript of judgment, the clerk may collect the same fee as | 16 | | if it were the commencement of a new suit. | 17 | | (v) Probate filings. | 18 | | (1) For each account (other than one final account) | 19 | | filed in the estate of a decedent, or ward, the fee shall | 20 | | not exceed $25. | 21 | | (2) For filing a claim in an estate when the amount | 22 | | claimed is greater than $150 and not more than $500, the | 23 | | fee shall not exceed $40 in a county with a population of | 24 | | 3,000,000 or more and shall not exceed $25 in any other | 25 | | county; when the amount claimed is greater than $500 and | 26 | | not more than $10,000, the fee shall not exceed $55 in a |
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| 1 | | county with a population of 3,000,000 or more and shall | 2 | | not exceed $40 in any other county; and when the amount | 3 | | claimed is more than $10,000, the fee shall not exceed $75 | 4 | | in a county with a population of 3,000,000 or more and | 5 | | shall not exceed $60 in any other county; except the court | 6 | | in allowing a claim may add to the amount allowed the | 7 | | filing fee paid by the claimant. | 8 | | (3) For filing in an estate a claim, petition, or | 9 | | supplemental proceeding based upon an action seeking | 10 | | equitable relief including the construction or contest of | 11 | | a will, enforcement of a contract to make a will, and | 12 | | proceedings involving testamentary trusts or the | 13 | | appointment of testamentary trustees, the fee shall not | 14 | | exceed $60. | 15 | | (4) There shall be no fee for filing in an estate: (i) | 16 | | the appearance of any person for the purpose of consent; | 17 | | or (ii) the appearance of an executor, administrator, | 18 | | administrator to collect, guardian, guardian ad litem, or | 19 | | special administrator. | 20 | | (5) For each jury demand, the fee shall not exceed | 21 | | $137.50. | 22 | | (6) For each certified copy of letters of office, of | 23 | | court order, or other certification, the fee shall not | 24 | | exceed
$2 per page. | 25 | | (7) For each exemplification, the fee shall not exceed | 26 | | $2, plus the fee for certification. |
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| 1 | | (8) The executor, administrator, guardian, petitioner, | 2 | | or other interested person or his or her attorney shall | 3 | | pay the cost of publication by the clerk directly to the | 4 | | newspaper. | 5 | | (9) The person on whose behalf a charge is incurred | 6 | | for witness, court reporter, appraiser, or other | 7 | | miscellaneous fees shall pay the same directly to the | 8 | | person entitled thereto. | 9 | | (10) The executor, administrator, guardian, | 10 | | petitioner, or other interested person or his or her | 11 | | attorney shall pay to the clerk all postage charges | 12 | | incurred by the clerk in mailing petitions, orders, | 13 | | notices, or other documents pursuant to the provisions of | 14 | | the Probate Act of 1975. | 15 | | (w) Corrections of numbers. For correction of the case | 16 | | number, case title, or attorney computer identification | 17 | | number, if required by rule of court, on any document filed in | 18 | | the clerk's office, to be charged against the party that filed | 19 | | the document, the fee shall not exceed $25. | 20 | | (x) Miscellaneous. | 21 | | (1) Interest earned on any fees collected by the clerk | 22 | | shall be turned over to the county general fund as an | 23 | | earning of the office. | 24 | | (2) For any check, draft, or other bank instrument | 25 | | returned to the clerk for non-sufficient funds, account | 26 | | closed, or payment stopped, the clerk shall collect a fee |
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| 1 | | of $25. | 2 | | (y) Other fees. Any fees not covered in this Section shall | 3 | | be set by rule or administrative order of the circuit court | 4 | | with the approval of the Administrative Office of the Illinois | 5 | | Courts. The clerk of the circuit court may provide services in | 6 | | connection with the operation of the clerk's office, other | 7 | | than those services mentioned in this Section, as may be | 8 | | requested by the public and agreed to by the clerk and approved | 9 | | by the Chief Judge. Any charges for additional services shall | 10 | | be as agreed to between the clerk and the party making the | 11 | | request and approved by the Chief Judge. Nothing in this | 12 | | subsection shall be construed to require any clerk to provide | 13 | | any service not otherwise required by law. | 14 | | (y-5) Unpaid fees. Unless a court ordered payment schedule | 15 | | is implemented or the fee
requirements of this Section are | 16 | | waived under a court order, the clerk of
the circuit court may | 17 | | add to any unpaid fees and costs under this Section a | 18 | | delinquency
amount equal to 5% of the unpaid fees that remain | 19 | | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid | 20 | | after 60 days, and 15% of the unpaid fees
that remain unpaid | 21 | | after 90 days. Notice to those parties may be made by
signage | 22 | | posting or publication. The additional delinquency amounts | 23 | | collected under this Section shall
be deposited into the | 24 | | Circuit Court Clerk Operations and Administration Fund and | 25 | | used to defray additional administrative costs incurred by the | 26 | | clerk of the
circuit court in collecting unpaid fees and |
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| 1 | | costs. | 2 | | (z) Exceptions. | 3 | | (1) No fee authorized by this Section shall apply to: | 4 | | (A) police departments or other law enforcement | 5 | | agencies. In this Section, "law enforcement agency" | 6 | | means: an agency of the State or agency of a unit of | 7 | | local government which is vested by law or ordinance | 8 | | with the duty to maintain public order and to enforce | 9 | | criminal laws or ordinances; the Attorney General; or | 10 | | any State's Attorney; | 11 | | (A-5) any unit of local government or school | 12 | | district, except in counties having a population of | 13 | | 500,000 or more the county board may by resolution set | 14 | | fees for units of local government or school districts | 15 | | no greater than the minimum fees applicable in | 16 | | counties with a population less than 3,000,000; | 17 | | provided however, no fee may be charged to any unit of | 18 | | local government or school district in connection with | 19 | | any action which, in whole or in part, is: (i) to | 20 | | enforce an ordinance; (ii) to collect a debt; or (iii) | 21 | | under the Administrative Review Law; | 22 | | (B) any action instituted by the corporate | 23 | | authority of a municipality with more than 1,000,000 | 24 | | inhabitants under Section 11-31-1 of the Illinois | 25 | | Municipal Code and any action instituted under | 26 | | subsection (b) of Section 11-31-1 of the Illinois |
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| 1 | | Municipal Code by a private owner or tenant of real | 2 | | property within 1,200 feet of a dangerous or unsafe | 3 | | building seeking an order compelling the owner or | 4 | | owners of the building to take any of the actions | 5 | | authorized under that subsection; | 6 | | (C) any commitment petition or petition for an | 7 | | order authorizing the administration of psychotropic | 8 | | medication or electroconvulsive therapy under the | 9 | | Mental Health and Developmental Disabilities Code; | 10 | | (D) a petitioner in any order of protection | 11 | | proceeding, including, but not limited to, fees for | 12 | | filing, modifying, withdrawing, certifying, or | 13 | | photocopying petitions for orders of protection, | 14 | | issuing alias summons, any related filing service, or | 15 | | certifying, modifying, vacating, or photocopying any | 16 | | orders of protection; or | 17 | | (E) proceedings for the appointment of a | 18 | | confidential intermediary under the Adoption Act. | 19 | | (2) No fee other than the filing fee contained in the | 20 | | applicable schedule in subsection (a) shall be charged to | 21 | | any person in connection with an adoption proceeding. | 22 | | (3) Upon good cause shown, the court may waive any | 23 | | fees associated with a special needs adoption. The term | 24 | | "special needs adoption" has the meaning provided by the | 25 | | Illinois Department of Children and Family Services. | 26 | | (aa) This Section is repealed on January 1, 2022.
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| 1 | | (Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19; | 2 | | 100-1161, eff. 7-1-19; 101-645, eff. 6-26-20; revised | 3 | | 8-18-20.) | 4 | | Section 55. The Criminal and Traffic Assessment Act is | 5 | | amended by changing Section 15-20 as follows: | 6 | | (705 ILCS 135/15-20)
| 7 | | (Section scheduled to be repealed on January 1, 2022) | 8 | | Sec. 15-20. SCHEDULE 4; felony sex offenses. | 9 | | SCHEDULE 4: For a felony or attempted felony under Article | 10 | | 11 or Section 12-33 of the Criminal Code of 2012, the Clerk of | 11 | | the Circuit Court shall collect $1,314 and remit as follows: | 12 | | (1)
As the county's portion, $354 to the county treasurer, | 13 | | who shall deposit the money as follows: | 14 | | (A) $20 into the Court Automation Fund; | 15 | | (B) $20 into the Court Document Storage Fund; | 16 | | (C) $5 into the Circuit Court Clerk Operation and | 17 | | Administrative Fund; | 18 | | (D) $255 into the county's General Fund; | 19 | | (E)
$10 into the Child Advocacy Center Fund; | 20 | | (F)
$2 into the State's Attorney Records Automation | 21 | | Fund; | 22 | | (G)
$2 into the Public Defender Records Automation | 23 | | Fund; | 24 | | (H) $20 into the County Jail Medical Costs Fund; and |
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| 1 | | (I)
$20 into the Probation and Court Services Fund. | 2 | | (2)
As the State's portion, $960 to the State Treasurer, | 3 | | who shall deposit the money as follows:
| 4 | | (A)
$520 into the State Police Operations Assistance | 5 | | Fund; | 6 | | (B)
$100 into the Violent Crime Victims Assistance | 7 | | Fund; | 8 | | (C)
$200 into the Sexual Assault Services Fund; | 9 | | (D) $100 into the Domestic Violence Shelter and | 10 | | Service Services Fund; | 11 | | (E) $5 into the State Police Merit Board Public Safety | 12 | | Fund; and | 13 | | (F) $35 into the Traffic and Criminal Conviction | 14 | | Surcharge Fund.
| 15 | | (Source: P.A. 100-987, eff. 7-1-19 .) | 16 | | Section 60. The Unified Code of Corrections is amended by | 17 | | changing Sections 5-4-3a and 5-9-1.22 as follows: | 18 | | (730 ILCS 5/5-4-3a) | 19 | | Sec. 5-4-3a. DNA testing backlog accountability. | 20 | | (a) On or before August 1 of each year, the Department of | 21 | | State Police shall report to the Governor and both houses of | 22 | | the General Assembly the following information: | 23 | | (1) the extent of the backlog of cases awaiting | 24 | | testing or awaiting DNA analysis by that Department, |
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| 1 | | including but not limited to those tests conducted under | 2 | | Section 5-4-3, as of June 30 of the previous fiscal year, | 3 | | with the backlog being defined as all cases awaiting | 4 | | forensic testing whether in the physical custody of the | 5 | | State Police or in the physical custody of local law | 6 | | enforcement, provided that the State Police have written | 7 | | notice of any evidence in the physical custody of local | 8 | | law enforcement prior to June 1 of that year; and | 9 | | (2) what measures have been and are being taken to | 10 | | reduce that backlog and the estimated costs or | 11 | | expenditures in doing so. | 12 | | (b) The information reported under this Section shall be | 13 | | made available to the public, at the time it is reported, on | 14 | | the official web site of the Department of State Police.
| 15 | | (c) Beginning January 1, 2016, the Department of State | 16 | | Police shall quarterly report on the status of the processing | 17 | | of forensic biology and DNA evidence submitted to the | 18 | | Department of State Police Laboratory for analysis. The report | 19 | | shall be submitted to the Governor and the General Assembly, | 20 | | and shall be posted on the Department of State Police website. | 21 | | The report shall include the following for each State Police | 22 | | Laboratory location and any laboratory to which the Department | 23 | | of State Police has outsourced evidence for testing: | 24 | | (1) For forensic biology submissions, report both | 25 | | total assignment case and sexual assault or abuse | 26 | | assignment case (as defined by the Sexual Assault Evidence |
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| 1 | | Submission Act) figures for: | 2 | | (A) The number of assignments cases received in | 3 | | the preceding quarter. | 4 | | (B) The number of assignments cases completed in | 5 | | the preceding quarter. | 6 | | (C) The number of assignments cases waiting | 7 | | analysis. | 8 | | (D) The number of assignments cases sent for | 9 | | outsourcing. | 10 | | (E) The number of assignments cases waiting | 11 | | analysis that were received within the past 30 days. | 12 | | (F) The number of assignments cases waiting | 13 | | analysis that were received 31 to 90 days prior. | 14 | | (G) The number of assignments cases waiting | 15 | | analysis that were received 91 to 180 days prior. | 16 | | (H) The number of assignments cases waiting | 17 | | analysis that were received 181 to 365 days prior. | 18 | | (I) The number of assignments cases waiting | 19 | | analysis that were received more than 365 days prior. | 20 | | (J) (Blank). The number of cases forwarded for DNA | 21 | | analyses. | 22 | | (2) (Blank). For DNA submissions, report both total | 23 | | case and sexual assault or abuse case (as defined by the | 24 | | Sexual Assault Evidence Submission Act) figures for: | 25 | | (A) The number of cases received in the preceding | 26 | | quarter. |
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| 1 | | (B) The number of cases completed in the preceding | 2 | | quarter. | 3 | | (C) The number of cases waiting analysis. | 4 | | (D) The number of cases sent for outsourcing. | 5 | | (E) The number of cases waiting analysis that were | 6 | | received within the past 30 days. | 7 | | (F) The number of cases waiting analysis that were | 8 | | received 31 to 90 days prior. | 9 | | (G) The number of cases waiting analysis that were | 10 | | received 91 to 180 days prior. | 11 | | (H) The number of cases waiting analysis that were | 12 | | received 181 to 365 days prior. | 13 | | (I) The number of cases waiting analysis that were | 14 | | received more than 365 days prior. | 15 | | (3) For all other categories of testing (e.g., drug | 16 | | chemistry, firearms/toolmark, footwear/tire track, latent | 17 | | prints, toxicology, and trace chemistry analysis): | 18 | | (A) The number of assignments cases received in | 19 | | the preceding quarter. | 20 | | (B) The number of assignments cases completed in | 21 | | the preceding quarter. | 22 | | (C) The number of assignments cases waiting | 23 | | analysis. | 24 | | (4) For the Combined DNA Index System (CODIS), report | 25 | | both total assignment case and sexual assault or abuse | 26 | | assignment case (as defined by the Sexual Assault Evidence |
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| 1 | | Submission Act) figures for subparagraphs (D), (E), and | 2 | | (F) of this paragraph (4): | 3 | | (A) The number of new offender samples received in | 4 | | the preceding quarter. | 5 | | (B) The number of offender samples uploaded to | 6 | | CODIS in the preceding quarter. | 7 | | (C) The number of offender samples awaiting | 8 | | analysis. | 9 | | (D) The number of unknown DNA case profiles | 10 | | uploaded to CODIS in the preceding quarter. | 11 | | (E) The number of CODIS hits in the preceding | 12 | | quarter. | 13 | | (F) The number of forensic evidence submissions | 14 | | submitted to confirm a previously reported CODIS hit. | 15 | | (5) For each category of testing, report the number of | 16 | | trained forensic scientists and the number of forensic | 17 | | scientists in training. | 18 | | As used in this subsection (c), "completed" means | 19 | | completion of both the analysis of the evidence and the | 20 | | provision of the results to the submitting law enforcement | 21 | | agency. | 22 | | (d) The provisions of this subsection (d), other than this | 23 | | sentence, are inoperative on and after January 1, 2019 or 2 | 24 | | years after the effective date of this amendatory Act of the | 25 | | 99th General Assembly, whichever is later. In consultation | 26 | | with and subject to the approval of the Chief Procurement |
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| 1 | | Officer, the Department of State Police may obtain contracts | 2 | | for services, commodities, and equipment to assist in the | 3 | | timely completion of forensic biology, DNA, drug chemistry, | 4 | | firearms/toolmark, footwear/tire track, latent prints, | 5 | | toxicology, microscopy, trace chemistry, and Combined DNA | 6 | | Index System (CODIS) analysis. Contracts to support the | 7 | | delivery of timely forensic science services are not subject | 8 | | to the provisions of the Illinois Procurement Code, except for | 9 | | Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of | 10 | | that Code, provided that the Chief Procurement Officer may, in | 11 | | writing with justification, waive any certification required | 12 | | under Article 50 of the Illinois Procurement Code. For any | 13 | | contracts for services which are currently provided by members | 14 | | of a collective bargaining agreement, the applicable terms of | 15 | | the collective bargaining agreement concerning subcontracting | 16 | | shall be followed. | 17 | | (Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17 .) | 18 | | (730 ILCS 5/5-9-1.22) | 19 | | Sec. 5-9-1.22. Fee; Roadside Memorial Fund. A person who | 20 | | is convicted or receives a disposition of court supervision | 21 | | for a violation of
Section 11-501 of the Illinois Vehicle Code | 22 | | shall, in addition to any other
disposition, penalty, or fine | 23 | | imposed, pay a fee of
$50 which shall
be collected by the clerk | 24 | | of the court and then remitted to the State Treasurer for | 25 | | deposit into the Roadside Memorial Fund, a special fund that |
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| 1 | | is created in the State treasury. However, the court may waive | 2 | | the fee if full restitution is complied with. Subject to | 3 | | appropriation, all moneys in the Roadside Memorial Fund shall | 4 | | be used by the Department of Transportation to pay fees | 5 | | imposed under subsection (f) of Section 20 of the Roadside | 6 | | Memorial Act. | 7 | | This Section is substantially the same as Section
5-9-1.18 | 8 | | 5-9-1.8 of the Unified Code of Corrections, which Section was | 9 | | repealed by
Public Act 100-987, and shall be construed as a
| 10 | | continuation of the fee established by that prior law, and not | 11 | | as a new or different
fee.
| 12 | | (Source: P.A. 101-10, eff. 6-5-19.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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