SB 89 — INS CD-IIGF/CYBERSECURITY

534.2.5.

Definitions.Legislative policy;

Forconditions thefor purposesuse of thisdesign-build. Article, unless the context requires otherwise, the words and phrases defined in Sections 534.1 through 534.9 534.8 have the meanings set forth in those Sections.

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 SB0089 Enrolled - 7 - LRB103 05113 BMS 50127 b 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This Section is repealed on July 1, 2025 June 1, 2023;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.

85-576.)100-736, SB0089eff. Engrossed - 3 - LRB103 05113 BMS 50127 b (215 ILCS 5/534.9 new) Sec.

534.9.1-1-19;

Cybersecurityreenacted insurance.by P.A.

"Cybersecurity101-479, insurance"eff. means a type of insurance under Class 2 of Section 4 of this Code that involves first-party and third-party coverage, in a policy or endorsement, written on a direct, admitted basis to cover losses and loss mitigation arising out of or relating to data privacy breaches, unauthorized information network security intrusions, computer viruses, ransomware, cyber extortion, identity theft, and similar exposures.

(2158-23-19.) (50 ILCS 5/537.2)20/20.3) (from(Section Ch.scheduled to be repealed on June 1, 2023) Sec.

73,20.3. par.

1065.87-2)Solicitation Sec.of design-build proposals.

537.2.(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 SB0089 Enrolled - 8 - LRB103 05113 BMS 50127 b request for the proposal.

ObligationThe Commission must publish the advance notice in a daily newspaper of Fund.general circulation in the county where the Commission is located.

The FundCommission shallis beencouraged obligated to theuse extentpublication of the coverednotice claimsin existingrelated priorconstruction toindustry theservice entrypublications. of an Order of Liquidation against an insolvent company and arising within 30 days after the entry of such Order, or before the policy expiration date if less than 30 days after the entry of such Order, or before the insured replaces the policy or on request effects cancellation, if he does so within 30 days after the entry of such Order.

IfA thebrief entrydescription of anthe Orderproposed ofprocurement Liquidationmust occursbe onincluded orin afterthe Octobernotice. 1, 1975 and before October 1, 1977, such obligations shall not:

(i)The exceedCommission $100,000,must orprovide (ii)a includecopy anyof obligation to refund the firstrequest $100for ofproposal to any unearnedparty premiumrequesting claim;a copy.

and(b) ifThe therequest entryfor ofproposal anshall Orderbe ofprepared Liquidationfor occurseach onproject or after October 1, 1977 and beforemust Januarycontain, 1,without 1988,limitation, suchthe obligationsfollowing shallinformation: not:

(i)(1) SB0089The Engrossedname -of 4 - LRB103 05113 BMS 50127 b exceed $150,000, except that this limitation shall not apply to any workers compensation claims, or (ii) include any obligation to refund the firstCommission. $100 of any unearned premium claim;

and(2) ifA thepreliminary entryschedule offor anthe Ordercompletion of Liquidationthe occurscontract. on or after January 1, 1988 and before January 1, 2011, such obligations shall not:

(i)(3) exceedThe $300,000,proposed exceptbudget thatfor thisthe limitationproject, shall not apply to any workers compensation claims, or (ii) include any obligation to refund the firstsource $100 of anyfunds, unearnedand premiumthe claimcurrently oravailable tofunds refundat anythe unearnedtime premiumthe overrequest $10,000for underproposal anyis onesubmitted. policy.

If(4) thePrequalification entrycriteria offor andesign-build Orderentities ofwishing Liquidationto occurssubmit onproposals. or after January 1, 2011, then such obligations shall not:

(i)The exceedCommission $500,000,shall exceptinclude, thatat thisa limitationminimum, shallits notnormal applyprequalification, tolicensing, anyregistration, workersand compensationother claimsrequirements, orbut (ii)nothing includecontained anyherein obligationprecludes to refund the firstuse $100 of anyadditional unearnedprequalification premiumcriteria claimby orthe refundCommission. any unearned premium over $10,000 under any one policy.

If(5) theMaterial entryrequirements of anthe Ordercontract, including but not limited to, the proposed terms and conditions, required performance and payment bonds, insurance, and the SB0089 Enrolled - 9 - LRB103 05113 BMS 50127 b entity's plan to comply with the utilization goals established by the corporate authorities of Liquidationthe occursCommission onfor orminority afterand Januarywomen 1,business 2023,enterprises thenand suchto obligationscomply shallwith not:Section 2-105 of the Illinois Human Rights Act.

(i)(6) exceedThe $500,000,performance exceptcriteria. that this limitation shall not apply to any workers compensation claims, or (ii) exceed without any deduction $50,000 for any unearned premium claim or refund under any one policy.

In(7) noThe eventevaluation shallcriteria thefor Fundeach bephase obligated to a policyholder or claimant in an amount in excess of the facesolicitation. amount of the policy from which the claim arises, including, but not limited to, any applicable specific or aggregate limits.

For(8) purposesThe ofnumber this Article Act, obligations arising under an insurance policy SB0089 Engrossed - 5 - LRB103 05113 BMS 50127 b written to indemnify a permissibly self-insured employer under subsection (a) of Sectionentities 4that ofwill thebe Workers'considered Compensation Act for its liability to pay workers' compensation benefits in excess of a specific or aggregate retention shall be subject to the applicabletechnical per-claimand limitscost setevaluation forthphase. in this Section.

In(c) noThe eventCommission shallmay theinclude Fundany beother obligatedrelevant toinformation paythat anit amountchooses in excess of $500,000 in the aggregate for all first-party and third-party claims under a policy or endorsement providing cybersecurity insurance as defined in Section 534.9 and arising out of or related to asupply. single insured event, regardless of the number of claims made or number of claimants.

InThe nodesign-build evententity shall the Fund be liableentitled forto anyrely interestupon on any judgment entered against the insuredaccuracy or the insolvent company, or for any other interest claim against the insured or the insolvent company, regardless of whetherthis thedocumentation insolventin company would have been obligated to pay such interest under the termsdevelopment of its policy.proposal.

(d) The Funddate shallthat beproposals liableare fordue interestmust be at theleast statutory21 ratecalendar ondays moneyafter judgmentsthe entereddate againstof the Fundissuance untilof the judgmentrequest isfor satisfied.proposal.

AnyIn obligationthe ofevent the Fundcost toof defendthe anproject insuredis shallestimated ceaseto uponexceed $12,000,000, then the Fund'sproposal paymentdue ordate tendermust ofbe anat amountleast equal28 tocalendar days after the lesserdate of the Fund'sissuance coveredof claim obligation limit or the applicablerequest policyfor limit.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 SB0089 Enrolled - 10 - LRB103 05113 BMS 50127 b those procurements, shall remain effective.

99-368,100-736, eff.

8-14-15.)1-1-19; SB0089 Engrossed - 6 - LRB103 05113 BMS 50127 b (215 ILCS 5/537.7) (from Ch.

73,reenacted par.by P.A.

1065.87-7)101-479, Sec.eff.

537.7.8-23-19.) (50 ILCS 20/20.4) (Section scheduled to be repealed on June 1, 2023) Sec.

Investigation20.4. of claims;

disposition.Development of design-build scope and performance criteria.

(a) The FundCommission shall investigatedevelop, claimswith brought against the Fundassistance andof adjust,a compromise,licensed settle,design andprofessional, paya coveredrequest claimsfor toproposal, thewhich extentshall ofinclude thescope Fund's obligation and denyperformance allcriteria. other claims.

(b) The Fundscope shalland notperformance becriteria boundmust bybe ain settlement,sufficient release,detail compromise,and waiver,contain oradequate finalinformation judgment executed or entered within 12 months prior to anreasonably orderapprise of liquidation and shall have the rightqualified todesign-build assertentities allof defenses available to the FundCommission's including,overall butprogrammatic notneeds limitedand to,goals, defensesincluding applicablecriteria to determining and enforcingpreliminary itsdesign statutoryplans, rightsgeneral andbudget obligationsparameters, toschedule, anyand claim.delivery requirements.

The(b) FundEach shallrequest befor boundproposal byshall aalso settlement,include release,a compromise,description waiver, or final judgment executed or entered more than 12 months prior to an order of liquidation, but only if the claimlevel is a covered claim and the settlement, release, compromise, waiver, or final judgment was not a result of fraud,design collusion,to default,be orprovided failurein tothe defend.proposals.

InThis addition,description withmust respectinclude to covered claims arising from a judgment under a decision, verdict, or finding based on the defaultscope ofand thetype insolvent insurer or its failure to defend, upon application by the Fund, either on its own behalf or on behalf of anrenderings, insured,drawings, theand courtspecifications shallthat, setat asidea theminimum, judgment,will order,be decision,required verdict,by or finding, and the FundCommission shallto be permittedproduced toby defend against the claimdesign-build onentities. the merits.

(c) The samescope and performance criteria determiningshall whetherbe theprepared Fundby willa bedesign bound,professional aswho specifiedis inan thisemployee subsectionof (b),the shallCommission, applyor tothe anyCommission settlement,may release,contract with an independent design SB0089 EngrossedEnrolled - 711 - LRB103 05113 BMS 50127 b compromise,professional waiver,selected orunder final judgment entered into by a high net worth insured before the dateLocal onGovernment whichProfessional claimsServices bySelection orAct against(50 thatILCS insured510/) becameto non-exemptprovide forthese reasonsservices. specified in paragraph (iv) of subsection (b) of Section 534.3.

(c)(d) The Funddesign shallprofessional havethat theprepares right to appoint or approve and to direct legal counsel retained under liability insurance policies for the defensescope of covered claims as well as the right to appoint or approve and toperformance directcriteria legalis counselprohibited andfrom otherparticipating servicein providers under any otherdesign-build insuranceentity policiesproposal subjectfor to this Article, regardless of any limitations in the policy.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.

101-60,100-736, eff.

7-12-19.)1-1-19; (215 ILCS 5/538.2) (from Ch.

73,reenacted par.by P.A.

1065.88-2)101-479, Sec.eff.

538.2.8-23-19.) (50 ILCS 20/20.5) (Section scheduled to be repealed on June 1, 2023) Sec.

The20.5. Fund may employ or retain such persons as are necessary to handle claims, provide policy benefits and services, and perform other duties of the Fund.

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.

SB0089 Enrolled - 12 - LRB103 05113 BMS 50127 b 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 SB0089 Enrolled - 13 - LRB103 05113 BMS 50127 b 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 SB0089 Enrolled - 14 - LRB103 05113 BMS 50127 b 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 SB0089 Enrolled - 15 - LRB103 05113 BMS 50127 b 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.

77-305.)100-736, (215eff. ILCS 5/545) (from Ch.

73,1-1-19; par.

1065.95)reenacted Sec.by P.A.

545.101-479, eff.

Effect8-23-19.) of(50 paidILCS claims.20/20.10) (Section scheduled to be repealed on June 1, 2023) Sec.

(a)20.10. Every insured or claimant seeking the protection of this Article shall cooperate with the Fund to the same extent as such person would have been required to cooperate with the insolvent company.

TheSmall Funddesign-build shallprojects. have all the rights, duties and obligations under the policy to the extent of the covered claim payment, provided the Fund shall have no cause of action SB0089 Engrossed - 8 - LRB103 05113 BMS 50127 b against the insured of the insolvent company for any sums it has paid out except such causes of action as the insolvent company would have had if such sums had been paid by the insolvent company and except as provided in subsection (d) of this Section.

AnyIn personany recoveringcase underwhere thisthe Articletotal andoverall anycost insuredof whosethe liabilitiesproject areis satisfiedestimated underto thisbe Articleless shallthan be$12,000,000, deemedthe toCommission havemay assignedcombine the person'stwo-phase orprocedure insured'sfor rightsdesign-build underselection thedescribed policyin toSection the20.5 Fundinto toone thecombined extentstep, ofprovided histhat orall herthe recoveryrequirements orof satisfactionevaluation obtainedare fromperformed thein Fund'saccordance payments.with Section 20.5.

(b)This TheSection Fundis andrepealed any similar organization in another state shall be recognized as claimants in the liquidation of an insolvent company for any amounts paid by them on coveredJuly claims1, obligations2025 asJune determined1, under2023; this Article or similar laws in other states and shall receive dividends at the priority set forth in paragraph (d) of subsection (1) of Section 205 of this Code;

provided that if,any atdesign-build thecontracts timeentered thatinto thebefore liquidatorsuch issuesdate aor cut-offany noticeprocurement to the Fund in anticipation of closing the estate, a reserveproject hasunder beenthis establishedAct bycommenced thebefore Fund,such ordate, any similar organization in another state, for the amount of their future administrative expenses and loss development associated with unpaid reported pending claims, these reserves will be deemed to have been paid as of the datecontracts ofresulting thefrom noticethose andprocurements, payment shall beremain madeeffective. accordingly.

The liquidator of an insolvent company shall be bound by determinations of covered claim eligibility under the Act and by settlements of claims made by the Fund or a similar SB0089 EngrossedEnrolled - 916 - LRB103 05113 BMS 50127 b organization(Source: in another state on the receipt of certification of such payments, to the extent those determinations or settlements satisfy obligations of the Fund, but the receiver shall not be bound in any way by those determinations or settlements to the extent that there remains a claim in the estate for amounts in excess of the payments by the Fund.

InP.A. submitting their claim for covered claim payments the Fund and any similar organization in another state shall not be subject to the requirements of Sections 208 and 209 of this Code and shall not be affected by the failure of the person receiving a covered claim payment to file a proof of claim.

(c)100-736, Theeff. expenses of the Fund and of any similar organization in any other state, other than expenses incurred in the performance of duties under Section 547 or similar duties under the statute governing a similar organization in another state, shall be accorded priority over all claims against the estate, except as provided for in paragraph (a) of subsection (1) of Section 205 of this Code.

The1-1-19; liquidator shall make prompt reimbursement to the Fund and any similar organization for such expense payments.

(d)reenacted Theby FundP.A. has the right to recover from the following persons the amount of any covered claims (as determined without regard to the exemption in paragraph (iv) of subsection (b) of Section 534.3) and allocated claims expenses which the Fund paid or incurred on behalf of such person in satisfaction, in whole or in part, of liability obligations of SB0089 Engrossed - 10 - LRB103 05113 BMS 50127 b such person to any other person:

(i)101-479, anyeff. insured whose net worth on December 31 of the year next preceding the date the company becomes an insolvent company exceeds $25,000,000;

provided8-23-19.) that(50 anILCS insured's20/20.15) net(Section worthscheduled onto such date shall be deemedrepealed to include the aggregate net worth of the insured and all of its affiliates as calculated on aJune consolidated1, basis.2023) Sec.

(ii)20.15. any insured who is an affiliate of the insolvent company.

TheSubmission Fund may also, at its sole discretion and without assumption of anydesign-build ongoingproposals. duty to do so, pay any workers compensation claims or any other third-party claims or any cybersecurity insurance obligations covered by a policy of an insolvent company on behalf of a high net worth insured as defined in paragraph (iv) of subsection (b) of Section 534.3.

InDesign-build thatproposals case,must thebe Fundproperly shallidentified recover from the high net worth insured under this Section for all amounts paid on its behalf, all allocated claim adjusted expenses related to such claims, the Fund's attorney's fees, and allsealed. court costs in any action necessary to collect the full amount to the Fund's reimbursement under this Section.

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.

SB0089 Enrolled - 17 - LRB103 05113 BMS 50127 b 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.

100-410,100-736, eff.

8-25-17;1-1-19;

101-60,reenacted eff.by P.A.

7-12-19.)101-479, Sectioneff. 99.

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 SB0089 Enrolled - 18 - LRB103 05113 BMS 50127 b 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 SB0089 Enrolled - 19 - LRB103 05113 BMS 50127 b 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 SB0089 Enrolled - 20 - LRB103 05113 BMS 50127 b 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.

SB0089 Enrolled - 21 - LRB103 05113 BMS 50127 b (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 SB0089 Enrolled - 22 - LRB103 05113 BMS 50127 b 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, SB0089 Enrolled - 23 - LRB103 05113 BMS 50127 b 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.

SB0089 Enrolled - 47 - LRB103 05113 BMS 50127 b (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 SB0089 Enrolled - 48 - LRB103 05113 BMS 50127 b 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;