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Public Act 103-0004 |
SB0089 Enrolled | LRB103 05113 BMS 50127 b |
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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 |
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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 |
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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 |
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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 |
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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: |
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(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 |
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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 |
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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 |
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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 |
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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 |
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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.
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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 20/20.5) |
(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. |
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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 |
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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
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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
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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 |
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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 |
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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.
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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 20/20.15) |
(Section scheduled to be repealed on June 1, 2023)
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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
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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
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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.
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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.
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The drawings and specifications of any unsuccessful |
design-build proposal shall remain the property of
the |
design-build entity.
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The Commission shall review the proposals for compliance |
with
the
performance criteria and evaluation factors.
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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.
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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)
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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
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entities shall also be notified in writing. The Commission may
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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
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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)
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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 |
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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.) |
Section 7. The University of Illinois Act is amended by |
changing Section 115 as follows:
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(110 ILCS 305/115)
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(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 |
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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. |
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(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 .
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(Source: P.A. 101-562, eff. 8-23-19; 102-507, eff. 8-20-21; |
102-558, eff. 8-20-21.)
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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 |
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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. |
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(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. |
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(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 |
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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. |