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Public Act 103-0004 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 3. The Energy
Efficient Building Act is amended by | ||||
changing Section 55 as follows: | ||||
(20 ILCS 3125/55) | ||||
Sec. 55. Illinois Stretch Energy Code. | ||||
(a) The Board, in consultation with the Agency Department , | ||||
shall create and adopt the Illinois Stretch Energy Code, to | ||||
allow municipalities and projects authorized or funded by the | ||||
Board to achieve more energy efficiency in buildings than the | ||||
Illinois Energy Conservation Code through a consistent pathway | ||||
across the State. The Illinois Stretch Energy Code shall be | ||||
available for adoption by any municipality and shall set
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minimum energy efficiency requirements, taking the place of | ||||
the Illinois Energy Conservation Code within any municipality | ||||
that adopts the Illinois Stretch Energy Code. | ||||
(b) The Illinois Stretch Energy Code shall have separate | ||||
components for commercial and residential buildings, which may | ||||
be adopted by the municipality jointly or separately. | ||||
(c) The Illinois Stretch Energy Code shall apply to all | ||||
projects to which an energy conservation code is applicable | ||||
that are authorized or funded in any part by the Board after |
July 1, 2024 January 1, 2024 . | ||
(d) Development of the Illinois Stretch Energy Code shall | ||
be completed and available for adoption by municipalities by | ||
June 30, 2024 December 31, 2023 . | ||
(e) Consistent with the requirements under paragraph (2.5) | ||
of subsection (g) of Section 8-103B of the Public Utilities | ||
Act and under paragraph (2) of subsection (j) of Section 8-104 | ||
of the Public Utilities Act, municipalities may adopt the | ||
Illinois Stretch Energy Code and may use utility programs to | ||
support compliance with the Illinois Stretch Energy Code. The | ||
amount of savings from such utility efforts that may be | ||
counted toward achievement of their annual savings goals shall | ||
be based on reasonable estimates of the increase in savings | ||
resulting from the utility efforts, relative to reasonable | ||
approximations of what would have occurred absent the utility | ||
involvement. | ||
(f) The Illinois Stretch Energy Code's residential | ||
components shall: | ||
(1) apply to residential buildings as defined under | ||
Section 10; | ||
(2) set performance targets using a site energy index | ||
with reductions relative to the 2006 International Energy | ||
Conservation Code; and | ||
(3) include stretch energy codes with site energy | ||
index standards and adoption dates as follows: by no later | ||
than June 30, 2024 December 31, 2023 , the Board shall |
create and adopt a stretch energy code with a site energy | ||
index no greater than 0.50 of the 2006 International | ||
Energy Conservation Code; by no later than December 31, | ||
2025, the Board shall create and adopt a stretch energy | ||
code with a site energy index no greater than 0.40 of the | ||
2006 International Energy Conservation Code, unless the | ||
Board identifies unanticipated burdens associated with the | ||
stretch energy code adopted in 2023 or 2024 , in which case | ||
the Board may adopt a stretch energy code with a site | ||
energy index no greater than 0.42 of the 2006 | ||
International Energy Conservation Code, provided that the | ||
more relaxed standard has a site energy index that is at | ||
least 0.05 more restrictive than the 2024 International | ||
Energy Conservation Code; by no later than December 31, | ||
2028, the Board shall create and adopt a stretch energy | ||
code with a site energy index no greater than 0.33 of the | ||
2006 International Energy Conservation Code, unless the | ||
Board identifies unanticipated burdens associated with the | ||
stretch energy code adopted in 2025, in which case the | ||
Board may adopt a stretch energy code with a site energy | ||
index no greater than 0.35 of the 2006 International | ||
Energy Conservation Code, but only if that more relaxed | ||
standard has a site energy index that is at least 0.05 more | ||
restrictive than the 2027 International Energy | ||
Conservation Code; and by no later than December 31, 2031, | ||
the Board shall create and adopt a stretch energy code |
with a site energy index no greater than 0.25 of the 2006 | ||
International Energy Conservation Code. | ||
(g) The Illinois Stretch Energy Code's commercial | ||
components shall: | ||
(1) apply to commercial buildings as defined under | ||
Section 10; | ||
(2) set performance targets using a site energy index | ||
with reductions relative to the 2006 International Energy | ||
Conservation Code; and | ||
(3) include stretch energy codes with site energy | ||
index standards and adoption dates as follows: by no later | ||
than June 30, 2024 December 31, 2023 , the Board shall | ||
create and adopt a stretch energy code with a site energy | ||
index no greater than 0.60 of the 2006 International | ||
Energy Conservation Code; by no later than December 31, | ||
2025, the Board shall create and adopt a stretch energy | ||
code with a site energy index no greater than 0.50 of the | ||
2006 International Energy Conservation Code; by no later | ||
than December 31, 2028, the Board shall create and adopt a | ||
stretch energy code with a site energy index no greater | ||
than 0.44 of the 2006 International Energy Conservation | ||
Code; and by no later than December 31, 2031, the Board | ||
shall create and adopt a stretch energy code with a site | ||
energy index no greater than 0.39 of the 2006 | ||
International Energy Conservation Code. | ||
(h) The process for the creation of the Illinois Stretch |
Energy Code includes: | ||
(1) within 60 days after the effective date of this | ||
amendatory Act of the 102nd General Assembly, the Capital | ||
Development Board shall meet with the Illinois Energy Code | ||
Advisory Council to advise and provide technical | ||
assistance and recommendations to the Capital Development | ||
Board for the Illinois Stretch Energy Code, which shall: | ||
(A) advise the Capital Development Board on | ||
creation of interim performance targets, code | ||
requirements, and an implementation plan for the | ||
Illinois Stretch Energy Code; | ||
(B) recommend amendments to proposed rules issued | ||
by the Capital Development Board; | ||
(C) recommend complementary programs or policies; | ||
(D) complete recommendations and development for | ||
the Illinois Stretch Energy Code elements and | ||
requirements by December 31, 2023 July 31, 2023 ; | ||
(2) As part of its deliberations, the Illinois Energy | ||
Code Advisory Council shall actively solicit input from | ||
other energy code stakeholders and interested parties.
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(Source: P.A. 102-662, eff. 9-15-21.) | ||
Section 5. The Public Building Commission Act is amended | ||
by changing Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, | ||
20.20, and 20.25 as follows: |
(50 ILCS 20/2.5) | ||
(Section scheduled to be repealed on June 1, 2023)
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Sec. 2.5. Legislative policy; conditions for use of | ||
design-build. It is the intent of the General Assembly that a | ||
commission be allowed to use the design-build delivery method | ||
for public projects if
it is shown to be in the commission's | ||
best interest for that particular project. | ||
It shall be the policy of the commission in the | ||
procurement of design-build services to publicly announce all | ||
requirements for design-build services and to procure these | ||
services on the basis of demonstrated competence and | ||
qualifications and with due regard for the principles of | ||
competitive selection. | ||
The commission shall, prior to issuing requests for | ||
proposals, promulgate and publish procedures for the | ||
solicitation and award of contracts pursuant to this Act. | ||
The commission shall, for each public project or projects | ||
permitted under this Act, make a written determination, | ||
including a description as to the particular
advantages of the | ||
design-build procurement method, that it is in the best | ||
interests of the commission to enter into a design-build | ||
contract for the project or projects. | ||
In making that determination, the following factors shall | ||
be considered: | ||
(1) The probability that the design-build procurement | ||
method will be in the best interests of the commission by |
providing a material savings of time or cost over the | ||
design-bid-build or other delivery system. | ||
(2) The type and size of the project and its | ||
suitability to the design-build procurement method. | ||
(3) The ability of the design-build entity to define | ||
and provide comprehensive scope and performance criteria | ||
for the project. | ||
The commission shall require the design-build entity to | ||
comply with the utilization goals established by the corporate | ||
authorities of the commission for minority and women business | ||
enterprises and to comply with Section 2-105 of the Illinois | ||
Human Rights Act. | ||
This Section is repealed on July 1, 2025 June 1, 2023 ; | ||
provided that any design-build contracts entered into before | ||
such date or any procurement of a project under this Act | ||
commenced before such date, and the contracts resulting from | ||
those procurements, shall remain effective.
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(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, | ||
eff. 8-23-19.) | ||
(50 ILCS 20/20.3) | ||
(Section scheduled to be repealed on June 1, 2023)
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Sec. 20.3. Solicitation of design-build proposals.
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(a) When the Commission elects to use the design-build | ||
delivery
method, it must
issue a notice of intent to receive | ||
proposals for the project at
least 14 days before issuing the |
request for the proposal. The Commission
must publish the | ||
advance notice in a daily newspaper of general circulation in | ||
the county where the Commission is located. The
Commission is | ||
encouraged to use publication of the notice in related | ||
construction
industry service publications. A brief | ||
description of the proposed procurement
must be included in | ||
the notice. The Commission must provide a
copy of the
request | ||
for proposal to any party requesting a copy.
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(b) The request for proposal shall be prepared for each | ||
project and must
contain, without limitation, the following | ||
information:
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(1) The name of the Commission.
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(2) A preliminary schedule for the completion of the | ||
contract.
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(3) The proposed budget for the project, the source of | ||
funds, and the
currently available funds at the time the | ||
request for proposal is submitted.
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(4) Prequalification criteria for design-build | ||
entities wishing to submit
proposals.
The Commission shall | ||
include, at a minimum, its normal
prequalification, | ||
licensing, registration, and other requirements, but | ||
nothing
contained herein precludes the use of additional | ||
prequalification criteria
by the Commission.
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(5) Material requirements of the contract, including | ||
but not limited to,
the proposed terms and conditions, | ||
required performance and payment bonds,
insurance, and the |
entity's plan to comply with the utilization goals | ||
established by the corporate authorities of the Commission | ||
for minority and women business enterprises and to comply | ||
with Section 2-105 of the Illinois Human Rights Act.
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(6) The performance criteria.
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(7) The evaluation criteria for each phase of the | ||
solicitation.
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(8) The number of entities that will be considered for | ||
the technical and
cost
evaluation phase.
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(c) The Commission may include any other relevant | ||
information
that it
chooses to supply. The design-build entity | ||
shall be entitled to rely upon the
accuracy of this | ||
documentation in the development of its proposal.
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(d) The date that proposals are due must be at least 21 | ||
calendar days after
the date of the issuance of the request for | ||
proposal. In the event the cost of
the project
is estimated to | ||
exceed $12,000,000, then the proposal due date must be at | ||
least
28 calendar days after the date of the issuance of the | ||
request for proposal.
The Commission shall include in the | ||
request for proposal a
minimum of 30 days
to develop the Phase | ||
II submissions after the selection of entities
from the Phase | ||
I evaluation is completed.
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(e) This Section is repealed on July 1, 2025 June 1, 2023 ; | ||
provided that any design-build contracts entered into before | ||
such date or any procurement of a project under this Act | ||
commenced before such date, and the contracts resulting from |
those procurements, shall remain effective.
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(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, | ||
eff. 8-23-19.) | ||
(50 ILCS 20/20.4) | ||
(Section scheduled to be repealed on June 1, 2023)
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Sec. 20.4. Development of design-build scope and | ||
performance criteria.
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(a) The Commission shall develop, with the assistance of a
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licensed design professional, a request
for proposal, which | ||
shall include scope and performance criteria.
The scope and | ||
performance criteria must be in sufficient detail and contain
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adequate information to reasonably apprise the qualified | ||
design-build entities
of the Commission's overall programmatic | ||
needs and goals,
including criteria and preliminary design | ||
plans,
general budget parameters, schedule, and delivery | ||
requirements.
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(b) Each request for proposal shall also include a | ||
description of the level
of design to be provided in the | ||
proposals. This description must include the
scope and type of | ||
renderings, drawings, and specifications that, at a minimum,
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will be required by the Commission to be produced by the
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design-build entities.
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(c) The scope and performance criteria shall be prepared | ||
by a design
professional who is an employee of the Commission, | ||
or the Commission may
contract with an independent design |
professional selected under the
Local Government Professional | ||
Services Selection Act (50 ILCS 510/) to provide these | ||
services.
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(d) The design professional that prepares the scope and | ||
performance criteria
is prohibited from participating in any | ||
design-build entity proposal for the
project.
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(e) This Section is repealed on July 1, 2025 June 1, 2023 ; | ||
provided that any design-build contracts entered into before | ||
such date or any procurement of a project under this Act | ||
commenced before such date, and the contracts resulting from | ||
those procurements, shall remain effective.
| ||
(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, | ||
eff. 8-23-19.) | ||
(50 ILCS 20/20.5) | ||
(Section scheduled to be repealed on June 1, 2023) | ||
Sec. 20.5. Procedures for design-build selection. | ||
(a) The Commission must use a two-phase procedure for the
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selection of the
successful design-build entity. Phase I of | ||
the procedure will evaluate and
shortlist the design-build | ||
entities based on qualifications, and Phase II
will
evaluate | ||
the technical and cost proposals. | ||
(b) The Commission shall include in the request for | ||
proposal
the
evaluating factors to be used in Phase I. These | ||
factors are in addition to any
prequalification requirements | ||
of design-build entities that the Commission has set
forth. |
Each request for proposal shall establish the relative | ||
importance
assigned to each evaluation factor and subfactor, | ||
including any weighting of
criteria to be employed by the | ||
Commission. The Commission must maintain a
record of the | ||
evaluation scoring to be disclosed in event of a protest
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regarding the solicitation.
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The Commission shall include the following criteria in | ||
every
Phase I
evaluation of design-build entities: (1) | ||
experience of personnel; (2)
successful
experience with | ||
similar project types; (3) financial capability; (4) | ||
timeliness
of past performance; (5) experience with similarly | ||
sized projects; (6)
successful reference checks of the firm; | ||
(7) commitment to assign personnel
for the duration of the | ||
project and qualifications of the entity's consultants; and | ||
(8) ability or past performance in meeting or exhausting good | ||
faith efforts to meet the utilization goals for minority and | ||
women business enterprises established by the corporate | ||
authorities of the Commission and in complying with Section | ||
2-105 of the Illinois Human Rights Act. The Commission may | ||
include any additional relevant criteria in Phase I that it | ||
deems necessary for a proper qualification review.
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The Commission may not consider any design-build entity | ||
for
evaluation or
award if the entity has any pecuniary | ||
interest in the project or has other
relationships or | ||
circumstances, including but not limited to, long-term
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leasehold, mutual performance, or development contracts with |
the Commission,
that may give the design-build entity a | ||
financial or tangible advantage over
other design-build | ||
entities in the preparation, evaluation, or performance of
the
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design-build contract or that create the appearance of | ||
impropriety. No design-build proposal shall be considered that | ||
does not include an entity's plan to comply with the | ||
requirements established in the minority and women business | ||
enterprises and economically disadvantaged firms established | ||
by the corporate authorities of the Commission and with | ||
Section 2-105 of the Illinois Human Rights Act.
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Upon completion of the qualifications evaluation, the | ||
Commission shall
create a shortlist of the most highly | ||
qualified design-build entities. The
Commission, in its | ||
discretion, is not required to shortlist the
maximum number of
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entities as identified for Phase II evaluation, provided | ||
however, no less than
2
design-build entities nor more than 6 | ||
are selected to submit Phase II
proposals.
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The Commission shall notify the entities selected for the
| ||
shortlist in
writing. This notification shall commence the | ||
period for the preparation of the
Phase II technical and cost | ||
evaluations. The Commission must
allow sufficient
time for the | ||
shortlist entities to prepare their Phase II submittals
| ||
considering
the scope and detail requested by the Commission.
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(c) The Commission shall include in the request for | ||
proposal
the
evaluating factors to be used in the technical | ||
and cost submission components
of Phase II. Each request for |
proposal shall establish, for both the technical
and cost | ||
submission components of Phase II, the relative importance | ||
assigned to
each evaluation factor and subfactor, including | ||
any weighting of criteria to be
employed by the Commission. | ||
The Commission must
maintain a record of the
evaluation | ||
scoring to be disclosed in event of a protest regarding the
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solicitation.
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The Commission shall include the following criteria in | ||
every
Phase II
technical evaluation of design-build entities: | ||
(1) compliance with objectives
of
the
project; (2) compliance | ||
of proposed services to the request for proposal
requirements; | ||
(3) quality of products or materials proposed; (4) quality of
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design parameters; (5) design concepts; (6) innovation in | ||
meeting the scope and
performance criteria; and (7) | ||
constructability of the
proposed project. The Commission may | ||
include any additional
relevant
technical evaluation factors | ||
it deems necessary for proper selection.
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The Commission shall include the following criteria in | ||
every
Phase II cost
evaluation: the guaranteed maximum project | ||
cost and the time of
completion. The Commission may include | ||
any additional relevant
technical
evaluation factors it deems | ||
necessary for proper selection. The guaranteed maximum project | ||
cost criteria weighing factor shall not exceed 30%.
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The Commission shall directly employ or retain a licensed
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design
professional to evaluate the technical and cost | ||
submissions to determine if the
technical submissions are in |
accordance with generally
accepted industry standards.
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Upon completion of the technical submissions and cost | ||
submissions evaluation,
the Commission may award the | ||
design-build contract to the
highest
overall ranked entity.
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(d) This Section is repealed on July 1, 2025 June 1, 2023 ; | ||
provided that any design-build contracts entered into before | ||
such date or any procurement of a project under this Act | ||
commenced before such date, and the contracts resulting from | ||
those procurements, shall remain effective.
| ||
(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, | ||
eff. 8-23-19.) | ||
(50 ILCS 20/20.10) | ||
(Section scheduled to be repealed on June 1, 2023)
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Sec. 20.10. Small design-build projects. In any case | ||
where the total overall cost of the
project is estimated to be | ||
less than $12,000,000, the Commission
may combine
the | ||
two-phase procedure for design-build selection described in | ||
Section 20.5 into one combined
step, provided that all the | ||
requirements of evaluation are performed in
accordance with | ||
Section 20.5. | ||
This Section is repealed on July 1, 2025 June 1, 2023 ; | ||
provided that any design-build contracts entered into before | ||
such date or any procurement of a project under this Act | ||
commenced before such date, and the contracts resulting from | ||
those procurements, shall remain effective.
|
(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, | ||
eff. 8-23-19.) | ||
(50 ILCS 20/20.15) | ||
(Section scheduled to be repealed on June 1, 2023)
| ||
Sec. 20.15. Submission of design-build proposals. | ||
Design-build proposals must be properly identified
and sealed. | ||
Proposals may not be reviewed until after the deadline for
| ||
submission has passed as set forth in the request for | ||
proposals. All
design-build entities submitting proposals | ||
shall be disclosed after the
deadline
for submission, and all | ||
design-build entities who are selected for Phase II
evaluation | ||
shall also be disclosed at the time of that determination. | ||
Phase II design-build proposals shall include a bid bond | ||
in the form and security as designated in
the request for | ||
proposals. Proposals shall also contain a separate sealed
| ||
envelope with the cost information within the overall proposal | ||
submission.
Proposals shall include a list of all design | ||
professionals and other entities
to which any work identified | ||
in Section 30-30 of the Illinois Procurement Code as a | ||
subdivision of construction work may be subcontracted during | ||
the performance of the contract.
| ||
Proposals must meet all material requirements of the | ||
request for proposal or
they may be rejected as | ||
non-responsive. The Commission shall
have the right
to reject | ||
any and all proposals.
|
The drawings and specifications of any unsuccessful | ||
design-build proposal shall remain the property of
the | ||
design-build entity.
| ||
The Commission shall review the proposals for compliance | ||
with
the
performance criteria and evaluation factors.
| ||
Proposals may be withdrawn prior to the due date and time | ||
for submissions for any cause. After
evaluation begins by the | ||
Commission, clear and convincing
evidence of error
is required | ||
for withdrawal.
| ||
This Section is repealed on July 1, 2025 June 1, 2023 ; | ||
provided that any design-build contracts entered into before | ||
such date or any procurement of a project under this Act | ||
commenced before such date, and the contracts resulting from | ||
those procurements, shall remain effective.
| ||
(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, | ||
eff. 8-23-19.) | ||
(50 ILCS 20/20.20) | ||
(Section scheduled to be repealed on June 1, 2023)
| ||
Sec. 20.20. Design-build award. The Commission may award a | ||
design-build contract to
the highest
overall ranked entity. | ||
Notice of award shall be made in writing. Unsuccessful
| ||
entities shall also be notified in writing. The Commission may
| ||
not request a
best and final offer after the receipt of | ||
proposals. The Commission may
negotiate with the selected | ||
design-build entity after award but prior to
contract
|
execution for the purpose of securing better terms than | ||
originally proposed,
provided that the salient features of the | ||
request for proposal are not
diminished. | ||
This Section is repealed on July 1, 2025 June 1, 2023 ; | ||
provided that any design-build contracts entered into before | ||
such date or any procurement of a project under this Act | ||
commenced before such date, and the contracts resulting from | ||
those procurements, shall remain effective.
| ||
(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, | ||
eff. 8-23-19.) | ||
(50 ILCS 20/20.25) | ||
(Section scheduled to be repealed on June 1, 2023)
| ||
Sec. 20.25. Minority and female owned enterprises; total | ||
construction budget. | ||
(a) Each year, within 60 days following the end of a | ||
commission's fiscal year, the commission shall provide a | ||
report to the General Assembly addressing the utilization of | ||
minority and female owned business enterprises on design-build | ||
projects. | ||
(b) The payments for design-build projects by any | ||
commission in one fiscal year shall not exceed 50% of the | ||
moneys spent on construction projects during the same fiscal | ||
year. | ||
(c) This Section is repealed on July 1, 2025 June 1, 2023 ; | ||
provided that any design-build contracts entered into before |
such date or any procurement of a project under this Act | ||
commenced before such date, and the contracts resulting from | ||
those procurements, shall remain effective.
| ||
(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, | ||
eff. 8-23-19.) | ||
Section 7. The University of Illinois Act is amended by | ||
changing Section 115 as follows:
| ||
(110 ILCS 305/115)
| ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 115. Water rates report. | ||
(a) Subject to appropriation, no later than June 30, 2023 | ||
December 1, 2022 , the Government Finance Research Center at | ||
the University of Illinois at Chicago, in coordination with an | ||
intergovernmental advisory committee, must issue a report | ||
evaluating the setting of water rates throughout the Lake | ||
Michigan service area of northeastern Illinois and, no later | ||
than December 31 1 , 2024 2023 , for the remainder of Illinois. | ||
The report must provide recommendations for policy and | ||
regulatory needs at the State and local level based on its | ||
findings. The report shall, at a minimum, address all of the | ||
following areas: | ||
(1) The components of a water bill. | ||
(2) Reasons for increases in water rates. | ||
(3) The definition of affordability throughout the |
State and any variances to that definition. | ||
(4) Evidence of rate-setting that utilizes | ||
inappropriate practices. | ||
(5) The extent to which State or local policies drive | ||
cost increases or variations in rate-settings. | ||
(6) Challenges within economically disadvantaged | ||
communities in setting water rates. | ||
(7) Opportunities for increased intergovernmental | ||
coordination for setting equitable water rates. | ||
(b) In developing the report under this Section, the | ||
Government Finance Research Center shall form an advisory | ||
committee, which shall be composed of all of the following | ||
members: | ||
(1) The Director of the Environmental Protection | ||
Agency, or his or her designee. | ||
(2) The Director of Natural Resources, or his or her | ||
designee. | ||
(3) The Director of Commerce and Economic Opportunity, | ||
or his or her designee. | ||
(4) The Attorney General, or his or her designee. | ||
(5) At least 2 members who are representatives of | ||
private water utilities operating in Illinois, appointed | ||
by the Director of the Government Finance Research Center. | ||
(6) At least 4 members who are representatives of | ||
municipal water utilities, appointed by the Director of | ||
the Government Finance Research Center. |
(7) One member who is a representative of an | ||
environmental justice advocacy organization, appointed by | ||
the Director of the Government Finance Research Center. | ||
(8) One member who is a representative of a consumer | ||
advocacy organization, appointed by the Director of the | ||
Government Finance Research Center. | ||
(9) One member who is a representative of an | ||
environmental planning organization that serves | ||
northeastern Illinois, appointed by the Director of the | ||
Government Finance Research Center. | ||
(10) The Director of the Illinois State Water Survey, | ||
or his or her designee. | ||
(11) The Chairperson of the Illinois Commerce | ||
Commission, or his or her designee. | ||
(c) After all members are appointed, the committee shall | ||
hold its first meeting at the call of the Director of the | ||
Government Finance Research Center, at which meeting the | ||
members shall select a chairperson from among themselves. | ||
After its first meeting, the committee shall meet at the call | ||
of the chairperson. Members of the committee shall serve | ||
without compensation but may be reimbursed for their | ||
reasonable and necessary expenses incurred in performing their | ||
duties. The Government Finance Research Center shall provide | ||
administrative and other support to the committee. | ||
(d) (Blank.) No later than 60 days after August 23, 2019 | ||
(the effective date of Public Act 101-562), the Government |
Finance Research Center must provide an opportunity for public | ||
comment on the questions to be addressed in the report, the | ||
metrics to be used, and the recommendations that need to be | ||
issued. | ||
(e) This Section is repealed on January 1, 2025 2024 .
| ||
(Source: P.A. 101-562, eff. 8-23-19; 102-507, eff. 8-20-21; | ||
102-558, eff. 8-20-21.)
| ||
Section 9. The Sports Wagering Act is amended by changing | ||
Section 25-25 as follows: | ||
(230 ILCS 45/25-25)
| ||
Sec. 25-25. Sports wagering authorized. | ||
(a) Notwithstanding any provision of law to the contrary, | ||
the operation of sports wagering is only lawful when conducted | ||
in accordance with the provisions of this Act and the rules of | ||
the Illinois Gaming Board and the Department of the Lottery. | ||
(b) A person placing a wager under this Act shall be at | ||
least 21 years of age. | ||
(c) A licensee under this Act may not accept a wager on a | ||
minor league sports event. | ||
(d) Except as otherwise provided in this Section, a | ||
licensee under this Act may not accept a wager for a sports | ||
event involving an Illinois collegiate team. | ||
(d-5) Beginning on the effective date of this amendatory | ||
Act of the 102nd General Assembly until July 1, 2024 July 1, |
2023 , a licensee under this Act may accept a wager for a sports | ||
event involving an Illinois collegiate team if: | ||
(1) the wager is a tier 1 wager; | ||
(2) the wager is not related to an individual | ||
athlete's performance; and | ||
(3) the wager is made in person instead of over the | ||
Internet or through a mobile application. | ||
(e) A licensee under this Act may only accept a wager from | ||
a person physically located in the State. | ||
(f) Master sports wagering licensees may use any data | ||
source for determining the results of all tier 1 sports | ||
wagers. | ||
(g) A sports governing body headquartered in the United | ||
States may notify the Board that it desires to supply official | ||
league data to master sports wagering licensees for | ||
determining the results of tier 2 sports wagers. Such | ||
notification shall be made in the form and manner as the Board | ||
may require. If a sports governing body does not notify the | ||
Board of its desire to supply official league data, a master | ||
sports wagering licensee may use any data source for | ||
determining the results of any and all tier 2 sports wagers on | ||
sports contests for that sports governing body. | ||
Within 30 days of a sports governing body notifying the | ||
Board, master sports wagering licensees shall use only | ||
official league data to determine the results of tier 2 sports | ||
wagers on sports events sanctioned by that sports governing |
body, unless: (1) the sports governing body or designee cannot | ||
provide a feed of official league data to determine the | ||
results of a particular type of tier 2 sports wager, in which | ||
case master sports wagering licensees may use any data source | ||
for determining the results of the applicable tier 2 sports | ||
wager until such time as such data feed becomes available on | ||
commercially reasonable terms; or (2) a master sports wagering | ||
licensee can demonstrate to the Board that the sports | ||
governing body or its designee cannot provide a feed of | ||
official league data to the master sports wagering licensee on | ||
commercially reasonable terms. During the pendency of the | ||
Board's determination, such master sports wagering licensee | ||
may use any data source for determining the results of any and | ||
all tier 2 sports wagers. | ||
(h) A licensee under this Act may not accept wagers on a | ||
kindergarten through 12th grade sports event.
| ||
(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.) | ||
Section 11. The Liquor Control Act of 1934 is amended by | ||
changing Section 6-28.8 as follows: | ||
(235 ILCS 5/6-28.8) | ||
(Section scheduled to be repealed on January 3, 2024) | ||
Sec. 6-28.8. Delivery and carry out of mixed drinks | ||
permitted. | ||
(a) In this Section: |
"Cocktail" or "mixed drink" means any beverage obtained by | ||
combining ingredients alcoholic in nature, whether brewed, | ||
fermented, or distilled, with ingredients non-alcoholic in | ||
nature, such as fruit juice, lemonade, cream, or a carbonated | ||
beverage. | ||
"Original container" means, for the purposes of this | ||
Section only, a container that is (i) filled, sealed, and | ||
secured by a retail licensee's employee at the retail | ||
licensee's location with a tamper-evident lid or cap or (ii)
| ||
filled and labeled by the manufacturer and secured by the
| ||
manufacturer's original unbroken seal. | ||
"Sealed container" means a rigid container that contains a | ||
mixed drink or a single serving of wine, is new, has never been | ||
used, has a secured lid or cap designed to prevent consumption | ||
without removal of the lid or cap, and is tamper-evident. | ||
"Sealed container" includes a manufacturer's
original | ||
container as defined in this subsection. "Sealed container" | ||
does not include a container with a lid with sipping holes or | ||
openings for straws or a container made of plastic, paper, or | ||
polystyrene foam. | ||
"Tamper-evident" means a lid or cap that has been sealed | ||
with tamper-evident covers, including, but not limited to, wax | ||
dip or heat shrink wrap. | ||
(b) A cocktail, mixed drink, or single serving of wine | ||
placed in a sealed container by a retail licensee at the retail | ||
licensee's location or a manufacturer's original container may |
be transferred and sold for off-premises consumption if the | ||
following requirements are met: | ||
(1) the cocktail, mixed drink, or single serving of
| ||
wine is transferred within the licensed premises, by a | ||
curbside pickup, or by delivery by an employee of the | ||
retail licensee who: | ||
(A) has been trained in accordance with Section | ||
6-27.1 at the time of the sale; | ||
(B) is at least 21 years of age; and | ||
(C) upon delivery, verifies the age of the person | ||
to whom the cocktail, mixed drink, or single serving | ||
of wine is being delivered; | ||
(2) if the employee delivering the cocktail, mixed | ||
drink, or single serving of wine is not able to safely | ||
verify
a person's age or level of intoxication upon | ||
delivery, the employee shall cancel the sale of alcohol | ||
and return the product to the retail license holder; | ||
(3) the sealed container is placed in the trunk of the | ||
vehicle or if there is no trunk, in the vehicle's rear | ||
compartment that is not readily accessible to the | ||
passenger area; | ||
(4) except for a manufacturer's original container, a | ||
container filled and sealed at a
retail licensee's | ||
location shall be affixed with a label or tag that | ||
contains the following information: | ||
(A) the cocktail or mixed drink ingredients, type, |
and name of the alcohol; | ||
(B) the name, license number, and address of the | ||
retail licensee that filled the original container and | ||
sold the product; | ||
(C) the volume of the cocktail, mixed drink, or | ||
single serving of wine in the sealed container; and | ||
(D) the sealed container was filled less than 7 | ||
days before the date of sale; and | ||
(5) a manufacturer's original container shall be
| ||
affixed with a label or tag that contains the name,
| ||
license number, and address of the retail licensee that
| ||
sold the product. | ||
(c) Third-party delivery services are not permitted to | ||
deliver cocktails and mixed drinks under this Section. | ||
(d) If there is an executive order of the Governor in | ||
effect during a disaster, the employee delivering the mixed | ||
drink, cocktail, or single serving of wine must comply with | ||
any requirements of that executive order, including, but not | ||
limited to, wearing gloves and a mask and maintaining | ||
distancing requirements when interacting with the public. | ||
(e) Delivery or carry out of a cocktail, mixed drink, or | ||
single serving of wine is prohibited if: | ||
(1) a third party delivers the cocktail or mixed | ||
drink; | ||
(2) a container of a mixed drink, cocktail, or single | ||
serving of wine is not tamper-evident and sealed; |
(3) a container of a mixed drink, cocktail, or single | ||
serving of wine is transported in the passenger area of a | ||
vehicle; | ||
(4) a mixed drink, cocktail, or single serving of wine | ||
is delivered by a person or to a person who is under the | ||
age of 21; or | ||
(5) the person delivering a mixed drink, cocktail, or | ||
single serving of wine fails to verify the age of the | ||
person to whom the mixed drink or cocktail is being | ||
delivered. | ||
(f) Violations of this Section shall be subject to any | ||
applicable penalties, including, but not limited to, the | ||
penalties specified under Section 11-502 of the Illinois | ||
Vehicle Code. | ||
(f-5) This Section is not intended to prohibit or preempt | ||
the ability of a brew pub, tap room, or distilling pub to | ||
continue to temporarily deliver alcoholic liquor pursuant to | ||
guidance issued by the State Commission on March 19, 2020 | ||
entitled "Illinois Liquor Control Commission, COVID-19 Related | ||
Actions, Guidance on Temporary Delivery of Alcoholic Liquor". | ||
This Section shall only grant authorization to holders of | ||
State of Illinois retail liquor licenses but not to licensees | ||
that simultaneously hold any licensure or privilege to | ||
manufacture alcoholic liquors within or outside of the State | ||
of Illinois. | ||
(g) This Section is not a denial or limitation of home rule |
powers and functions under Section 6 of Article VII of the | ||
Illinois Constitution. | ||
(h) This Section is repealed on August 1, 2028 January 3, | ||
2024 .
| ||
(Source: P.A. 101-631, eff. 6-2-20; 102-8, eff. 6-2-21.) | ||
Section 12. The Clerks of Courts Act is amended by | ||
changing Section 27.1b as follows: | ||
(705 ILCS 105/27.1b) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | ||
other provision of law, all fees charged by the clerks of the | ||
circuit court for the services described in this Section shall | ||
be established, collected, and disbursed in accordance with | ||
this Section. Except as otherwise specified in this Section, | ||
all fees under this Section shall be paid in advance and | ||
disbursed by each clerk on a monthly basis. In a county with a | ||
population of over 3,000,000, units of local government and | ||
school districts shall not be required to pay fees under this | ||
Section in advance and the clerk shall instead send an | ||
itemized bill to the unit of local government or school | ||
district, within 30 days of the fee being incurred, and the | ||
unit of local government or school district shall be allowed | ||
at least 30 days from the date of the itemized bill to pay; | ||
these payments shall be disbursed by each clerk on a monthly |
basis. Unless otherwise specified in this Section, the amount | ||
of a fee shall be determined by ordinance or resolution of the | ||
county board and remitted to the county treasurer to be used | ||
for purposes related to the operation of the court system in | ||
the county. In a county with a population of over 3,000,000, | ||
any amount retained by the clerk of the circuit court or | ||
remitted to the county treasurer shall be subject to | ||
appropriation by the county board. | ||
(a) Civil cases. The fee for filing a complaint, petition, | ||
or other pleading initiating a civil action shall be as set | ||
forth in the applicable schedule under this subsection in | ||
accordance with case categories established by the Supreme | ||
Court in schedules. | ||
(1) SCHEDULE 1: not to exceed a total of $366 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $316 in any other county, except as applied to | ||
units of local government and school districts in counties | ||
with more than 3,000,000 inhabitants an amount not to | ||
exceed $190 through December 31, 2021 and $184 on and | ||
after January 1, 2022. The fees collected under this | ||
schedule shall be disbursed as follows: | ||
(A) The clerk shall retain a sum, in an amount not | ||
to exceed $55 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $45 in | ||
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court |
automation, court document storage, and administrative | ||
purposes. | ||
(B) The clerk shall remit up to $21 to the State | ||
Treasurer. The State Treasurer shall deposit the | ||
appropriate amounts, in accordance with the clerk's | ||
instructions, as follows: | ||
(i) up to $10, as specified by the Supreme | ||
Court in accordance with Part 10A of Article II of | ||
the Code of Civil Procedure, into the Mandatory | ||
Arbitration Fund; | ||
(ii) $2 into the Access to Justice Fund; and | ||
(iii) $9 into the Supreme Court Special | ||
Purposes Fund. | ||
(C) The clerk shall remit a sum to the County | ||
Treasurer, in an amount not to exceed $290 in a county | ||
with a population of 3,000,000 or more and in an amount | ||
not to exceed $250 in any other county, as specified by | ||
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court | ||
system in the county. | ||
(2) SCHEDULE 2: not to exceed a total of $357 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $266 in any other county, except as applied to | ||
units of local government and school districts in counties | ||
with more than 3,000,000 inhabitants an amount not to | ||
exceed $190 through December 31, 2021 and $184 on and |
after January 1, 2022. The fees collected under this | ||
schedule shall be disbursed as follows: | ||
(A) The clerk shall retain a sum, in an amount not | ||
to exceed $55 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $45 in | ||
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court | ||
automation, court document storage, and administrative | ||
purposes. | ||
(B) The clerk shall remit up to $21 to the State | ||
Treasurer. The State Treasurer shall deposit the | ||
appropriate amounts, in accordance with the clerk's | ||
instructions, as follows: | ||
(i) up to $10, as specified by the Supreme | ||
Court in accordance with Part 10A of Article II of | ||
the Code of Civil Procedure, into the Mandatory | ||
Arbitration Fund; | ||
(ii) $2 into the Access to Justice Fund: and | ||
(iii) $9 into the Supreme Court Special | ||
Purposes Fund. | ||
(C) The clerk shall remit a sum to the County | ||
Treasurer, in an amount not to exceed $281 in a county | ||
with a population of 3,000,000 or more and in an amount | ||
not to exceed $200 in any other county, as specified by | ||
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court |
system in the county. | ||
(3) SCHEDULE 3: not to exceed a total of $265 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $89 in any other county, except as applied to units | ||
of local government and school districts in counties with | ||
more than 3,000,000 inhabitants an amount not to exceed | ||
$190 through December 31, 2021 and $184 on and after | ||
January 1, 2022. The fees collected under this schedule | ||
shall be disbursed as follows: | ||
(A) The clerk shall retain a sum, in an amount not | ||
to exceed $55 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $22 in | ||
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court | ||
automation, court document storage, and administrative | ||
purposes. | ||
(B) The clerk shall remit $11 to the State | ||
Treasurer. The State Treasurer shall deposit the | ||
appropriate amounts in accordance with the clerk's | ||
instructions, as follows: | ||
(i) $2 into the Access to Justice Fund; and | ||
(ii) $9 into the Supreme Court Special | ||
Purposes Fund. | ||
(C) The clerk shall remit a sum to the County | ||
Treasurer, in an amount not to exceed $199 in a county | ||
with a population of 3,000,000 or more and in an amount |
not to exceed $56 in any other county, as specified by | ||
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court | ||
system in the county. | ||
(4) SCHEDULE 4: $0. | ||
(b) Appearance. The fee for filing an appearance in a | ||
civil action, including a cannabis civil law action under the | ||
Cannabis Control Act, shall be as set forth in the applicable | ||
schedule under this subsection in accordance with case | ||
categories established by the Supreme Court in schedules. | ||
(1) SCHEDULE 1: not to exceed a total of $230 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $191 in any other county, except as applied to | ||
units of local government and school districts in counties | ||
with more than 3,000,000 inhabitants an amount not to | ||
exceed $75. The fees collected under this schedule shall | ||
be disbursed as follows: | ||
(A) The clerk shall retain a sum, in an amount not | ||
to exceed $50 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $45 in | ||
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court | ||
automation, court document storage, and administrative | ||
purposes. | ||
(B) The clerk shall remit up to $21 to the State | ||
Treasurer. The State Treasurer shall deposit the |
appropriate amounts, in accordance with the clerk's | ||
instructions, as follows: | ||
(i) up to $10, as specified by the Supreme | ||
Court in accordance with Part 10A of Article II of | ||
the Code of Civil Procedure, into the Mandatory | ||
Arbitration Fund; | ||
(ii) $2 into the Access to Justice Fund; and | ||
(iii) $9 into the Supreme Court Special | ||
Purposes Fund. | ||
(C) The clerk shall remit a sum to the County | ||
Treasurer, in an amount not to exceed $159 in a county | ||
with a population of 3,000,000 or more and in an amount | ||
not to exceed $125 in any other county, as specified by | ||
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court | ||
system in the county. | ||
(2) SCHEDULE 2: not to exceed a total of $130 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $109 in any other county, except as applied to | ||
units of local government and school districts in counties | ||
with more than 3,000,000 inhabitants an amount not to | ||
exceed $75. The fees collected under this schedule shall | ||
be disbursed as follows: | ||
(A) The clerk shall retain a sum, in an amount not | ||
to exceed $50 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $10 in |
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court | ||
automation, court document storage, and administrative | ||
purposes. | ||
(B) The clerk shall remit $9 to the State | ||
Treasurer, which the State Treasurer shall deposit | ||
into the Supreme Court Special Purposes Fund. | ||
(C) The clerk shall remit a sum to the County | ||
Treasurer, in an amount not to exceed $71 in a county | ||
with a population of 3,000,000 or more and in an amount | ||
not to exceed $90 in any other county, as specified by | ||
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court | ||
system in the county. | ||
(3) SCHEDULE 3: $0. | ||
(b-5) Kane County and Will County. In Kane County and Will | ||
County civil cases, there is an additional fee of up to $30 as | ||
set by the county board under Section 5-1101.3 of the Counties | ||
Code to be paid by each party at the time of filing the first | ||
pleading, paper, or other appearance; provided that no | ||
additional fee shall be required if more than one party is | ||
represented in a single pleading, paper, or other appearance. | ||
Distribution of fees collected under this subsection (b-5) | ||
shall be as provided in Section 5-1101.3 of the Counties Code. | ||
(c) Counterclaim or third party complaint. When any | ||
defendant files a counterclaim or third party complaint, as |
part of the defendant's answer or otherwise, the defendant | ||
shall pay a filing fee for each counterclaim or third party | ||
complaint in an amount equal to the filing fee the defendant | ||
would have had to pay had the defendant brought a separate | ||
action for the relief sought in the counterclaim or third | ||
party complaint, less the amount of the appearance fee, if | ||
any, that the defendant has already paid in the action in which | ||
the counterclaim or third party complaint is filed. | ||
(d) Alias summons. The clerk shall collect a fee not to | ||
exceed $6 in a county with a population of 3,000,000 or more | ||
and not to exceed $5 in any other county for each alias summons | ||
or citation issued by the clerk, except as applied to units of | ||
local government and school districts in counties with more | ||
than 3,000,000 inhabitants an amount not to exceed $5 for each | ||
alias summons or citation issued by the clerk. | ||
(e) Jury services. The clerk shall collect, in addition to | ||
other fees allowed by law, a sum not to exceed $212.50, as a | ||
fee for the services of a jury in every civil action not | ||
quasi-criminal in its nature and not a proceeding for the | ||
exercise of the right of eminent domain and in every other | ||
action wherein the right of trial by jury is or may be given by | ||
law. The jury fee shall be paid by the party demanding a jury | ||
at the time of filing the jury demand. If the fee is not paid | ||
by either party, no jury shall be called in the action or | ||
proceeding, and the action or proceeding shall be tried by the | ||
court without a jury. |
(f) Change of venue. In connection with a change of venue: | ||
(1) The clerk of the jurisdiction from which the case | ||
is transferred may charge a fee, not to exceed $40, for the | ||
preparation and certification of the record; and | ||
(2) The clerk of the jurisdiction to which the case is | ||
transferred may charge the same filing fee as if it were | ||
the commencement of a new suit. | ||
(g) Petition to vacate or modify. | ||
(1) In a proceeding involving a petition to vacate or | ||
modify any final judgment or order filed within 30 days | ||
after the judgment or order was entered, except for an | ||
eviction case, small claims case, petition to reopen an | ||
estate, petition to modify, terminate, or enforce a | ||
judgment or order for child or spousal support, or | ||
petition to modify, suspend, or terminate an order for | ||
withholding, the fee shall not exceed $60 in a county with | ||
a population of 3,000,000 or more and shall not exceed $50 | ||
in any other county, except as applied to units of local | ||
government and school districts in counties with more than | ||
3,000,000 inhabitants an amount not to exceed $50. | ||
(2) In a proceeding involving a petition to vacate or | ||
modify any final judgment or order filed more than 30 days | ||
after the judgment or order was entered, except for a | ||
petition to modify, terminate, or enforce a judgment or | ||
order for child or spousal support, or petition to modify, | ||
suspend, or terminate an order for withholding, the fee |
shall not exceed $75. | ||
(3) In a proceeding involving a motion to vacate or | ||
amend a final order, motion to vacate an ex parte | ||
judgment, judgment of forfeiture, or "failure to appear" | ||
or "failure to comply" notices sent to the Secretary of | ||
State, the fee shall equal $40. | ||
(h) Appeals preparation. The fee for preparation of a | ||
record on appeal shall be based on the number of pages, as | ||
follows: | ||
(1) if the record contains no more than 100 pages, the | ||
fee shall not exceed $70 in a county with a population of | ||
3,000,000 or more and shall not exceed $50 in any other | ||
county; | ||
(2) if the record contains between 100 and 200 pages, | ||
the fee shall not exceed $100; and | ||
(3) if the record contains 200 or more pages, the | ||
clerk may collect an additional fee not to exceed 25 cents | ||
per page. | ||
(i) Remands. In any cases remanded to the circuit court | ||
from the Supreme Court or the appellate court for a new trial, | ||
the clerk shall reinstate the case with either its original | ||
number or a new number. The clerk shall not charge any new or | ||
additional fee for the reinstatement. Upon reinstatement, the | ||
clerk shall advise the parties of the reinstatement. Parties | ||
shall have the same right to a jury trial on remand and | ||
reinstatement that they had before the appeal, and no |
additional or new fee or charge shall be made for a jury trial | ||
after remand. | ||
(j) Garnishment, wage deduction, and citation. In | ||
garnishment affidavit, wage deduction affidavit, and citation | ||
petition proceedings: | ||
(1) if the amount in controversy in the proceeding is | ||
not more than $1,000, the fee may not exceed $35 in a | ||
county with a population of 3,000,000 or more and may not | ||
exceed $15 in any other county, except as applied to units | ||
of local government and school districts in counties with | ||
more than 3,000,000 inhabitants an amount not to exceed | ||
$15; | ||
(2) if the amount in controversy in the proceeding is | ||
greater than $1,000 and not more than $5,000, the fee may | ||
not exceed $45 in a county with a population of 3,000,000 | ||
or more and may not exceed $30 in any other county, except | ||
as applied to units of local government and school | ||
districts in counties with more than 3,000,000 inhabitants | ||
an amount not to exceed $30; and | ||
(3) if the amount in controversy in the proceeding is | ||
greater than $5,000, the fee may not exceed $65 in a county | ||
with a population of 3,000,000 or more and may not exceed | ||
$50 in any other county, except as applied to units of | ||
local government and school districts in counties with | ||
more than 3,000,000 inhabitants an amount not to exceed | ||
$50. |
(j-5) Debt collection. In any proceeding to collect a debt | ||
subject to the exception in item (ii) of subparagraph (A-5) of | ||
paragraph (1) of subsection (z) of this Section, the circuit | ||
court shall order and the clerk shall collect from each | ||
judgment debtor a fee of: | ||
(1) $35 if the amount in controversy in the proceeding | ||
is not more than $1,000; | ||
(2) $45 if the amount in controversy in the proceeding | ||
is greater than $1,000 and not more than $5,000; and | ||
(3) $65 if the amount in controversy in the proceeding | ||
is greater than $5,000. | ||
(k) Collections. | ||
(1) For all collections made of others, except the | ||
State and county and except in maintenance or child | ||
support cases, the clerk may collect a fee of up to 2.5% of | ||
the amount collected and turned over. | ||
(2) In child support and maintenance cases, the clerk | ||
may collect an annual fee of up to $36 from the person | ||
making payment for maintaining child support records and | ||
the processing of support orders to the State of Illinois | ||
KIDS system and the recording of payments issued by the | ||
State Disbursement Unit for the official record of the | ||
Court. This fee is in addition to and separate from | ||
amounts ordered to be paid as maintenance or child support | ||
and shall be deposited into a Separate Maintenance and | ||
Child Support Collection Fund, of which the clerk shall be |
the custodian, ex officio, to be used by the clerk to | ||
maintain child support orders and record all payments | ||
issued by the State Disbursement Unit for the official | ||
record of the Court. The clerk may recover from the person | ||
making the maintenance or child support payment any | ||
additional cost incurred in the collection of this annual | ||
fee. | ||
(3) The clerk may collect a fee of $5 for | ||
certifications made to the Secretary of State as provided | ||
in Section 7-703 of the Illinois Vehicle Code, and this | ||
fee shall be deposited into the Separate Maintenance and | ||
Child Support Collection Fund. | ||
(4) In proceedings
to foreclose the lien of delinquent | ||
real estate taxes, State's Attorneys
shall receive a fee | ||
of 10%
of the total amount realized from the sale of real | ||
estate sold in the
proceedings. The clerk shall collect | ||
the fee from the total amount realized from
the sale of the | ||
real estate sold in the proceedings and remit to the | ||
County Treasurer to be credited to the earnings of the | ||
Office of the State's Attorney. | ||
(l) Mailing. The fee for the clerk mailing documents shall | ||
not exceed $10 plus the cost of postage. | ||
(m) Certified copies. The fee for each certified copy of a | ||
judgment, after the first copy, shall not exceed $10. | ||
(n) Certification, authentication, and reproduction. | ||
(1) The fee for each certification or authentication |
for taking the acknowledgment of a deed or other | ||
instrument in writing with the seal of office shall not | ||
exceed $6. | ||
(2) The fee for reproduction of any document contained | ||
in the clerk's files shall not exceed: | ||
(A) $2 for the first page; | ||
(B) 50 cents per page for the next 19 pages; and | ||
(C) 25 cents per page for all additional pages. | ||
(o) Record search. For each record search, within a | ||
division or municipal district, the clerk may collect a search | ||
fee not to exceed $6 for each year searched. | ||
(p) Hard copy. For each page of hard copy print output, | ||
when case records are maintained on an automated medium, the | ||
clerk may collect a fee not to exceed $10 in a county with a | ||
population of 3,000,000 or more and not to exceed $6 in any | ||
other county, except as applied to units of local government | ||
and school districts in counties with more than 3,000,000 | ||
inhabitants an amount not to exceed $6. | ||
(q) Index inquiry and other records. No fee shall be | ||
charged for a single plaintiff and defendant index inquiry or | ||
single case record inquiry when this request is made in person | ||
and the records are maintained in a current automated medium, | ||
and when no hard copy print output is requested. The fees to be | ||
charged for management records, multiple case records, and | ||
multiple journal records may be specified by the Chief Judge | ||
pursuant to the guidelines for access and dissemination of |
information approved by the Supreme Court. | ||
(r) Performing a marriage. There shall be a $10 fee for | ||
performing a marriage in court. | ||
(s) Voluntary assignment. For filing each deed of | ||
voluntary assignment, the clerk shall collect a fee not to | ||
exceed $20. For recording a deed of voluntary assignment, the | ||
clerk shall collect a fee not to exceed 50 cents for each 100 | ||
words. Exceptions filed to claims presented to an assignee of | ||
a debtor who has made a voluntary assignment for the benefit of | ||
creditors shall be considered and treated, for the purpose of | ||
taxing costs therein, as actions in which the party or parties | ||
filing the exceptions shall be considered as party or parties | ||
plaintiff, and the claimant or claimants as party or parties | ||
defendant, and those parties respectively shall pay to the | ||
clerk the same fees as provided by this Section to be paid in | ||
other actions. | ||
(t) Expungement petition. The clerk may collect a fee not | ||
to exceed $60 for each expungement petition filed and an | ||
additional fee not to exceed $4 for each certified copy of an | ||
order to expunge arrest records. | ||
(u) Transcripts of judgment. For the filing of a | ||
transcript of judgment, the clerk may collect the same fee as | ||
if it were the commencement of a new suit. | ||
(v) Probate filings. | ||
(1) For each account (other than one final account) | ||
filed in the estate of a decedent, or ward, the fee shall |
not exceed $25. | ||
(2) For filing a claim in an estate when the amount | ||
claimed is greater than $150 and not more than $500, the | ||
fee shall not exceed $40 in a county with a population of | ||
3,000,000 or more and shall not exceed $25 in any other | ||
county; when the amount claimed is greater than $500 and | ||
not more than $10,000, the fee shall not exceed $55 in a | ||
county with a population of 3,000,000 or more and shall | ||
not exceed $40 in any other county; and when the amount | ||
claimed is more than $10,000, the fee shall not exceed $75 | ||
in a county with a population of 3,000,000 or more and | ||
shall not exceed $60 in any other county; except the court | ||
in allowing a claim may add to the amount allowed the | ||
filing fee paid by the claimant. | ||
(3) For filing in an estate a claim, petition, or | ||
supplemental proceeding based upon an action seeking | ||
equitable relief including the construction or contest of | ||
a will, enforcement of a contract to make a will, and | ||
proceedings involving testamentary trusts or the | ||
appointment of testamentary trustees, the fee shall not | ||
exceed $60. | ||
(4) There shall be no fee for filing in an estate: (i) | ||
the appearance of any person for the purpose of consent; | ||
or (ii) the appearance of an executor, administrator, | ||
administrator to collect, guardian, guardian ad litem, or | ||
special administrator. |
(5) For each jury demand, the fee shall not exceed | ||
$137.50. | ||
(6) For each certified copy of letters of office, of | ||
court order, or other certification, the fee shall not | ||
exceed
$2 per page. | ||
(7) For each exemplification, the fee shall not exceed | ||
$2, plus the fee for certification. | ||
(8) The executor, administrator, guardian, petitioner, | ||
or other interested person or his or her attorney shall | ||
pay the cost of publication by the clerk directly to the | ||
newspaper. | ||
(9) The person on whose behalf a charge is incurred | ||
for witness, court reporter, appraiser, or other | ||
miscellaneous fees shall pay the same directly to the | ||
person entitled thereto. | ||
(10) The executor, administrator, guardian, | ||
petitioner, or other interested person or his or her | ||
attorney shall pay to the clerk all postage charges | ||
incurred by the clerk in mailing petitions, orders, | ||
notices, or other documents pursuant to the provisions of | ||
the Probate Act of 1975. | ||
(w) Corrections of numbers. For correction of the case | ||
number, case title, or attorney computer identification | ||
number, if required by rule of court, on any document filed in | ||
the clerk's office, to be charged against the party that filed | ||
the document, the fee shall not exceed $25. |
(x) Miscellaneous. | ||
(1) Interest earned on any fees collected by the clerk | ||
shall be turned over to the county general fund as an | ||
earning of the office. | ||
(2) For any check, draft, or other bank instrument | ||
returned to the clerk for non-sufficient funds, account | ||
closed, or payment stopped, the clerk shall collect a fee | ||
of $25. | ||
(y) Other fees. Any fees not covered in this Section shall | ||
be set by rule or administrative order of the circuit court | ||
with the approval of the Administrative Office of the Illinois | ||
Courts. The clerk of the circuit court may provide services in | ||
connection with the operation of the clerk's office, other | ||
than those services mentioned in this Section, as may be | ||
requested by the public and agreed to by the clerk and approved | ||
by the Chief Judge. Any charges for additional services shall | ||
be as agreed to between the clerk and the party making the | ||
request and approved by the Chief Judge. Nothing in this | ||
subsection shall be construed to require any clerk to provide | ||
any service not otherwise required by law. | ||
(y-5) Unpaid fees. Unless a court ordered payment schedule | ||
is implemented or the fee
requirements of this Section are | ||
waived under a court order, the clerk of
the circuit court may | ||
add to any unpaid fees and costs under this Section a | ||
delinquency
amount equal to 5% of the unpaid fees that remain | ||
unpaid after 30 days, 10% of
the unpaid fees that remain unpaid |
after 60 days, and 15% of the unpaid fees
that remain unpaid | ||
after 90 days. Notice to those parties may be made by
signage | ||
posting or publication. The additional delinquency amounts | ||
collected under this Section shall
be deposited into the | ||
Circuit Court Clerk Operations and Administration Fund and | ||
used to defray additional administrative costs incurred by the | ||
clerk of the
circuit court in collecting unpaid fees and | ||
costs. | ||
(z) Exceptions. | ||
(1) No fee authorized by this Section shall apply to: | ||
(A) police departments or other law enforcement | ||
agencies. In this Section, "law enforcement agency" | ||
means: an agency of the State or agency of a unit of | ||
local government which is vested by law or ordinance | ||
with the duty to maintain public order and to enforce | ||
criminal laws or ordinances; the Attorney General; or | ||
any State's Attorney; | ||
(A-5) any unit of local government or school | ||
district, except in counties having a population of | ||
500,000 or more the county board may by resolution set | ||
fees for units of local government or school districts | ||
no greater than the minimum fees applicable in | ||
counties with a population less than 3,000,000; | ||
provided however, no fee may be charged to any unit of | ||
local government or school district in connection with | ||
any action which, in whole or in part, is: (i) to |
enforce an ordinance; (ii) to collect a debt; or (iii) | ||
under the Administrative Review Law; | ||
(B) any action instituted by the corporate | ||
authority of a municipality with more than 1,000,000 | ||
inhabitants under Section 11-31-1 of the Illinois | ||
Municipal Code and any action instituted under | ||
subsection (b) of Section 11-31-1 of the Illinois | ||
Municipal Code by a private owner or tenant of real | ||
property within 1,200 feet of a dangerous or unsafe | ||
building seeking an order compelling the owner or | ||
owners of the building to take any of the actions | ||
authorized under that subsection; | ||
(C) any commitment petition or petition for an | ||
order authorizing the administration of psychotropic | ||
medication or electroconvulsive therapy under the | ||
Mental Health and Developmental Disabilities Code; | ||
(D) a petitioner in any order of protection | ||
proceeding, including, but not limited to, fees for | ||
filing, modifying, withdrawing, certifying, or | ||
photocopying petitions for orders of protection, | ||
issuing alias summons, any related filing service, or | ||
certifying, modifying, vacating, or photocopying any | ||
orders of protection; or | ||
(E) proceedings for the appointment of a | ||
confidential intermediary under the Adoption Act. | ||
(2) No fee other than the filing fee contained in the |
applicable schedule in subsection (a) shall be charged to | ||
any person in connection with an adoption proceeding. | ||
(3) Upon good cause shown, the court may waive any | ||
fees associated with a special needs adoption. The term | ||
"special needs adoption" has the meaning provided by the | ||
Illinois Department of Children and Family Services. | ||
(aa) This Section is repealed on January 1, 2024.
| ||
(Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; | ||
102-278, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. | ||
5-13-22.) | ||
(705 ILCS 135/20-5 rep.) | ||
Section 14. The Criminal and Traffic Assessment Act is | ||
amended by repealing Section 20-5. | ||
Section 15. The Criminal Code of 2012 is amended by | ||
changing Section 33G-9 as follows: | ||
(720 ILCS 5/33G-9) | ||
(Section scheduled to be repealed on June 11, 2023) | ||
Sec. 33G-9. Repeal. This Article is repealed on June 1, | ||
2025 June 11, 2023 .
| ||
(Source: P.A. 102-918, eff. 5-27-22.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |