Bill Text: IL SB0089 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Energy Efficient Building Act. Requires the Capital Development Board to consult with the Illinois Environmental Protection Agency to create and adopt the Illinois Stretch Energy Code. Extends various deadlines related to the Code. Amends the Public Building Commission Act. Extends the repeal date for various provisions in the Act from June 1, 2023, to July 1, 2025. Amends the University of Illinois Act. Extends the date by which the Government Finance Research Center at the University of Illinois at Chicago must issue specified water rate reports. Amends the Sports Wagering Act. Extends the date through which a provision concerning a licensee accepting a wager for a sports event involving an Illinois collegiate team is permitted. Amends the Liquor Control Act of 1934. Extends the date through which a provision concerning the delivery and carry out of mixed drinks is permitted. Amends the Criminal and Traffic Assessment Act. Repeals the Act's repealer. Amends the Criminal Code of 2012. Extends the repeal date for the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law from June 11, 2023, to June 1, 2025. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2023-05-31 - Added as Co-Sponsor Sen. Sara Feigenholtz [SB0089 Detail]

Download: Illinois-2023-SB0089-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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
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.
(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)
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.
(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)
Sec. 20.3. Solicitation of design-build proposals.
(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.
(b) The request for proposal shall be prepared for each
project and must contain, without limitation, the following
information:
(1) The name of the Commission.
(2) A preliminary schedule for the completion of the
contract.
(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.
(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.
(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.
(6) The performance criteria.
(7) The evaluation criteria for each phase of the
solicitation.
(8) The number of entities that will be considered for
the technical and cost evaluation phase.
(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.
(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.
(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.
(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)
Sec. 20.4. Development of design-build scope and
performance criteria.
(a) The Commission shall develop, with the assistance of a
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
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.
(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,
will be required by the Commission to be produced by the
design-build entities.
(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.
(d) The design professional that prepares the scope and
performance criteria is prohibited from participating in any
design-build entity proposal for the project.
(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
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
regarding the solicitation.
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.
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
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
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.
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
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.
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.
(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
solicitation.
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
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.
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%.
The Commission shall directly employ or retain a licensed
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.
Upon completion of the technical submissions and cost
submissions evaluation, the Commission may award the
design-build contract to the highest overall ranked entity.
(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)
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)
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.

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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

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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)
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.
(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

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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

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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,

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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

SB0089 Enrolled - 24 - LRB103 05113 BMS 50127 b
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:

SB0089 Enrolled - 25 - LRB103 05113 BMS 50127 b
"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

SB0089 Enrolled - 26 - LRB103 05113 BMS 50127 b
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,

SB0089 Enrolled - 27 - LRB103 05113 BMS 50127 b
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;

SB0089 Enrolled - 28 - LRB103 05113 BMS 50127 b
(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

SB0089 Enrolled - 29 - LRB103 05113 BMS 50127 b
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

SB0089 Enrolled - 30 - LRB103 05113 BMS 50127 b
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

SB0089 Enrolled - 31 - LRB103 05113 BMS 50127 b
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

SB0089 Enrolled - 32 - LRB103 05113 BMS 50127 b
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

SB0089 Enrolled - 33 - LRB103 05113 BMS 50127 b
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

SB0089 Enrolled - 34 - LRB103 05113 BMS 50127 b
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

SB0089 Enrolled - 35 - LRB103 05113 BMS 50127 b
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

SB0089 Enrolled - 36 - LRB103 05113 BMS 50127 b
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

SB0089 Enrolled - 37 - LRB103 05113 BMS 50127 b
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.

SB0089 Enrolled - 38 - LRB103 05113 BMS 50127 b
(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

SB0089 Enrolled - 39 - LRB103 05113 BMS 50127 b
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

SB0089 Enrolled - 40 - LRB103 05113 BMS 50127 b
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.

SB0089 Enrolled - 41 - LRB103 05113 BMS 50127 b
(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

SB0089 Enrolled - 42 - LRB103 05113 BMS 50127 b
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

SB0089 Enrolled - 43 - LRB103 05113 BMS 50127 b
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

SB0089 Enrolled - 44 - LRB103 05113 BMS 50127 b
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

SB0089 Enrolled - 45 - LRB103 05113 BMS 50127 b
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.

SB0089 Enrolled - 46 - LRB103 05113 BMS 50127 b
(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

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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

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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.)