HB1726 Enrolled LRB102 13675 HLH 19025 b
1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		(15 ILCS 20/50-7 rep.)
5		Section 3. The State Budget Law of the Civil
6		Administrative Code of Illinois is amended by repealing
7		Section 50-7.
8		Section 5. The State Fair Act is amended by changing
9		Section 6 as follows:
10		(20 ILCS 210/6) (from Ch. 127, par. 1706)
11		Sec. 6. Policies, procedures, and powers concerning the
12		operation of fairs.
13		(a) Policies. The Department shall, pursuant to the
14		Illinois Administrative Procedure Act, establish by rule:
15		(1) the policy for the operation of the Illinois State
16		Fair and the DuQuoin State Fair, except those operations
17		regarding contests as provided for in subparagraphs (b)
18		and (c) of this Section, and
19		(2) the policies and procedures for the sale, barter,
20		or exchange of tickets and for ticket refunds for
21		cancelled events.
22		(b) Contests. The Department shall establish and make

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1		available, for all contestants and other interested persons,
2		sufficient copies of a premium book or other publication that
3		establishes the kinds and classes of events or exhibits for
4		contests at the fairs, the conditions under which contestants
5		shall be entered into contests, the qualification and
6		disqualification requirements of contests, the drug testing
7		requirements for contests (if applicable), the premiums to be
8		offered to contest winners, the manner in which certificates
9		of award shall be distributed and premiums paid to contest
10		winners, the penalty for violations of a rule, condition,
11		instruction, or directive, and requirements of contests,
12		including but not limited to the return of all premiums paid,
13		the forfeiture of awards, and the prohibition of participating
14		in future contests, and all other rules and requirements for
15		contests. These rules, conditions, instructions, directives,
16		and requirements shall be exempt from the rulemaking
17		procedures of the Illinois Administrative Procedure Act. All
18		such publications issued by the Department that relate to a
19		contest, event, or exhibit shall be maintained as a public
20		record at the Department's principal office in Springfield,
21		Illinois, and made available for public inspection and copying
22		during regular business hours.
23		(c) Fees. The Department shall establish and publish for
24		the Illinois State Fair and the DuQuoin State Fair a schedule
25		of admission fees, entry fees, concession fees, space rentals
26		and other fees for activities offered or provided at each

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1		State Fair. These schedules of fees shall be maintained as a
2		public record at the Department's principal office in
3		Springfield, Illinois, and made available for public
4		inspection and copying during regular business, but shall be
5		exempt from the rulemaking procedures of the Illinois
6		Administrative Procedure Act.
7		(d) Facilities. The Department may negotiate and enter
8		into contracts for activities and use of facilities for which
9		there is not an established or published schedule. The
10		contract criteria shall be established by rule, pursuant to
11		the Illinois Administrative Procedure Act. The Department may
12		lease any of its facilities for activities during the State
13		Fair.
14		(e) Advertising. The Illinois State Fair in Springfield
15		and the DuQuoin State Fair shall have the power and authority
16		to sell or exchange advertising rights in all of its
17		publications and printed materials. The sale of advertising
18		shall be subject to the rules promulgated by the Department,
19		pursuant to the Illinois Administrative Procedure Act. All
20		income derived from the sale of advertising at the Illinois
21		State Fair in Springfield shall be deposited into the Illinois
22		State Fair Fund. All income derived from the sale of
23		advertising at the DuQuoin State Fair shall be deposited into
24		the Agricultural Premium Fund.
25		(f) Veterans. On the day set aside as Veterans Day,
26		honorably discharged veterans and members of their families

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1		shall be admitted without admission charge upon presentation
2		of identification of any of the following: honorable discharge
3		certificate, or photostatic copy thereof, or a paid up
4		membership card in any recognized veterans organization.
5		(g) Government functions. The Governor, Lieutenant
6		Governor, Attorney General, Secretary of State, Treasurer,
7		Comptroller, President and Minority Leader of the Senate, and
8		Minority Leader of the House of Representatives shall be
9		afforded space for official governmental functions, without
10		charge, during the State Fair and the DuQuoin State Fair.
11		(Source: P.A. 93-1055, eff. 11-23-04.)
12		Section 10. The Illinois Promotion Act is amended by
13		changing Section 4b as follows:
14		(20 ILCS 665/4b)
15		Sec. 4b. Coordinating Committee. There is created a
16		Coordinating Committee of State agencies involved with tourism
17		in the State of Illinois. The Committee shall consist of the
18		Director of Commerce and Economic Opportunity as chairman, the
19		Lieutenant Governor, the Secretary of Transportation or his or
20		her designee, and the head executive officer or his or her
21		designee of the following: the Lincoln Presidential Library;
22		the Department of Natural Resources; the Department of
23		Agriculture; the Illinois Arts Council; the Illinois Community
24		College Board; and the Board of Higher Education; and the

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1		Grape and Wine Resources Council. The Committee shall also
2		include 4 members of the Illinois General Assembly, one of
3		whom shall be named by the Speaker of the House of
4		Representatives, one of whom shall be named by the Minority
5		Leader of the House of Representatives, one of whom who shall
6		be named by the President of the Senate, and one of whom shall
7		be named by the Minority Leader of the Senate. The Committee
8		shall meet at least quarterly and at other times as called by
9		the chair. The Committee shall coordinate the promotion and
10		development of tourism activities throughout State government.
11		(Source: P.A. 94-793, eff. 5-19-06.)
12		(20 ILCS 1305/10-6 rep.)
13		Section 15. The Department of Human Services Act is
14		amended by repealing Section 10-6.
15		(20 ILCS 2310/2310-358 rep.)
16		Section 17. The Department of Public Health Powers and
17		Duties Law of the Civil Administrative Code of Illinois is
18		amended by repealing Section 2310-358.
19		Section 18. The Capital Spending Accountability Law is
20		amended by changing Section 805 as follows:
21		(20 ILCS 3020/805)
22		Sec. 805. Reports on capital spending. On or before the

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1		forty-fifth day after the end first day of each quarterly
2		period in each fiscal year, the Governor's Office of
3		Management and Budget shall provide to the Comptroller, the
4		Treasurer, the President and the Minority Leader of the
5		Senate, and the Speaker and the Minority Leader of the House of
6		Representatives a report on the status of all capital projects
7		in the State. The report may be provided in both written and
8		electronic format. The report must include all of the
9		following:
10		(1) A brief description or stated purpose of each
11		capital project where applicable (as referred to in this
12		Section, "project").
13		(2) The amount and source of funds (whether from bond
14		funds or other revenues) appropriated for each project,
15		organized into categories including roads, mass transit,
16		schools, environment, civic centers and other categories
17		as applicable (as referred to in this Section, "category
18		or categories"), with subtotals for each category.
19		(3) The date the appropriation bill relating to each
20		project was signed by the Governor, organized into
21		categories.
22		(4) The date the written release of the Governor for
23		each project was submitted to the Comptroller or is
24		projected to be submitted and, if a release for any
25		project has not been submitted within 6 months after its
26		appropriation became law, an explanation why the project

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1		has not yet been released, all organized into categories.
2		(5) The amount of expenditures to date by the State
3		relating to each project and estimated amount of total
4		State expenditures and proposed schedule of future State
5		expenditures relating to each project, all organized into
6		categories.
7		(6) A timeline for completion of each project,
8		including the dates, if applicable, of execution by the
9		State of any grant agreement, any required engineering or
10		design work or environmental approvals, and the estimated
11		or actual dates of the start and completion of
12		construction, all organized into categories. Any
13		substantial variances on any project from this reported
14		timeline must be explained in the next quarterly report.
15		(7) A summary report of the status of all projects,
16		including the amount of undisbursed funds intended to be
17		held or used in the next quarter.
18		(Source: P.A. 98-692, eff. 7-1-14.)
19		Section 20. The State Finance Act is amended by changing
20		Section 6a as follows:
21		(30 ILCS 105/6a) (from Ch. 127, par. 142a)
22		Sec. 6a. (1) The following items of income received by the
23		State Colleges and Universities under the jurisdiction of the
24		Board of Governors of State Colleges and Universities for

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1		general operational and educational purposes shall be paid
2		into the state treasury without delay and shall be covered
3		into a special fund to be known as the Board of Governors of
4		State Colleges and Universities Income Fund: (a) tuition,
5		laboratory, library fees, and any interest which may be earned
6		thereon not later than 20 days after receipt of the same
7		without any deductions except for refunds to students for whom
8		duplicate payment has been made and to students who have
9		withdrawn after registration and who are entitled to such
10		refunds; and (b) excess income from auxiliary enterprises and
11		activities as provided in paragraph (2) of this Section, and
12		all other income arising out of any activity or purpose not
13		specified in paragraph (2) of this Section or in Section 6a-2
14		not later than 10 days after receipt of the same and without
15		any deduction whatever. Such items of income shall be either
16		paid into the State treasury or deposited into a college or
17		university bank account within the time period established for
18		like amounts in Section 2 of the State Officers and Employees
19		Money Disposition Act; provided, that if deposited into a bank
20		account, such items together with interest thereon shall be
21		paid into the State treasury as provided in the preceding
22		sentence. The General Assembly shall from time to time make
23		appropriations payable from the Board of Governors of State
24		Colleges and Universities Income Fund for the support and
25		improvement of such State Colleges and Universities.
26		(2) The following items of income shall be retained by

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1		each such State College or University or by the Board of
2		Governors of State Colleges and Universities in its own
3		treasury: endowment funds, gifts, trust funds, and Federal
4		aid; funds received in connection with contracts with
5		governmental, public or private agencies or persons, for
6		research or services including funds which are paid as
7		reimbursement to the State College or University or to the
8		Board of Governors of State Colleges and Universities and
9		funds received in connection with its operation of research
10		and high technology parks; funds received in connection with
11		reserves authorized by Section 8a of "An Act to provide for the
12		management, operation, control and maintenance of the State
13		Colleges and Universities System", approved July 2, 1951, as
14		amended; funds received in connection with the retention,
15		receipt, assignment, license, sale or transfer of interests
16		in, rights to, or income from discoveries, inventions,
17		patents, or copyrightable works; funds retained by the State
18		College or University under the authority of Section 6a-2, and
19		funds received from the operation of student or staff
20		residence facilities, student and staff medical and health
21		programs, Union buildings, bookstores, farms, stores, and
22		other auxiliary enterprises or activities which are
23		self-supporting in whole or in part. Any income derived from
24		such auxiliary enterprises or activities which is not
25		necessary to their support, maintenance, or development shall
26		not, however, be applied to any general operational or

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1		educational purpose but shall be paid into the State Treasury
2		as provided in paragraph (1) of this Section.
3		Whenever such funds retained by each such State College or
4		University or by the Board of Governors of State Colleges and
5		Universities in its own treasury are deposited with a bank or
6		savings and loan association and the amount of the deposit
7		exceeds the amount of federal deposit insurance coverage, a
8		bond or pledged securities shall be obtained. Only the types
9		of securities which the State Treasurer may, in his
10		discretion, accept for amounts not insured by the Federal
11		Deposit Insurance Corporation or the Federal Savings and Loan
12		Insurance Corporation under Section 11 of "An Act in relation
13		to State moneys", approved June 28, 1919, as amended, may be
14		accepted as pledged securities. The market value of the bond
15		or pledged securities shall at all times be equal to or greater
16		than the uninsured portion of the deposit.
17		(3) (Blank). All monies received by the Cooperative
18		Computer Center operated and maintained by Governors State
19		University, in conjunction and pursuant to contracts with
20		other State universities, shall be deposited in the
21		Cooperative Computer Center Revolving Fund. The General
22		Assembly shall from time to time make appropriations from the
23		Cooperative Computer Center Revolving Fund to be used for
24		expenditures incurred by the Cooperative Computer Center.
25		(4) The Auditor General shall audit or cause to be audited
26		the above items of income and all other income and

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1		expenditures of such institutions.
2		(5) Beginning on January 1, 1996, the provisions of
3		paragraphs (1) and (2) of this Section shall be superseded by
4		Section 5-35 of the Chicago State University Law and Section
5		6a-1c of the State Finance Act with respect to Chicago State
6		University; by Section 10-35 of the Eastern Illinois
7		University Law and Section 6a-1d of the State Finance Act with
8		respect to Eastern Illinois University; by Section 15-35 of
9		the Governors State University Law and Section 6a-1e of the
10		State Finance Act with respect to Governors State University;
11		by Section 25-35 of the Northeastern Illinois University Law
12		and Section 6a-1f of the State Finance Act with respect to
13		Northeastern Illinois University; and by Section 35-35 of the
14		Western Illinois University Law and Section 6a-1g of the State
15		Finance Act with respect to Western Illinois University. On
16		January 1, 1996, all items of income and other funds
17		deposited, retained, or otherwise held under paragraphs (1)
18		and (2) of this Section shall be transferred, appropriated,
19		retained and used as provided by the provisions of law cited in
20		this paragraph as superseding the provisions of paragraphs (1)
21		and (2) of this Section.
22		(Source: P.A. 89-4, eff. 1-1-96.)
23		(30 ILCS 105/5.72 rep.)
24		(30 ILCS 105/5.599 rep.)
25		(30 ILCS 105/5.748 rep.)

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1		(30 ILCS 105/6w rep.)
2		(30 ILCS 105/8k rep.)
3		Section 23. The State Finance Act is amended by repealing
4		Sections 5.72, 5.599, 5.748, 6w, and 8k.
5		Section 25. The Illinois Income Tax Act is amended by
6		changing Section 507DDD as follows:
7		(35 ILCS 5/507DDD)
8		Sec. 507DDD. Special Olympics Illinois and Special
9		Children's Checkoff. For taxable years beginning on or after
10		January 1, 2015, the Department shall print on its standard
11		individual income tax form a provision indicating that if the
12		taxpayer wishes to contribute to the Special Olympics Illinois
13		and Special Children's Charities Checkoff Fund as authorized
14		by Public Act 99-423, he or she may do so by stating the amount
15		of the contribution (not less than $1) on the return and that
16		the contribution will reduce the taxpayer's refund or increase
17		the amount of payment to accompany the return. Failure to
18		remit any amount of increased payment shall reduce the
19		contribution accordingly. This Section shall not apply to an
20		amended return. For the purpose of this Section, the
21		Department of Revenue must distribute the moneys as provided
22		in subsection 21.9(b) of the Illinois Lottery Law: (i) 75% of
23		the moneys to Special Olympics Illinois to support the
24		statewide training, competitions, and programs for future

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1		Special Olympics athletes; and (ii) 25% of the moneys to
2		Special Children's Charities to support the City of
3		Chicago-wide training, competitions, and programs for future
4		Special Olympics athletes.
5		(Source: P.A. 99-423, eff. 8-20-15; 99-642, eff. 7-28-16.)
6		(35 ILCS 5/507AA rep.)
7		(35 ILCS 5/507BB rep.)
8		(35 ILCS 5/507TT rep.)
9		Section 30. The Illinois Income Tax Act is amended by
10		repealing Sections 507AA, 507BB, and 507TT.
11		Section 35. The Illinois Estate and Generation-Skipping
12		Transfer Tax Act is amended by changing Section 13 as follows:
13		(35 ILCS 405/13) (from Ch. 120, par. 405A-13)
14		Sec. 13. Collection by county treasurers; tax collection
15		distribution fund.
16		(a) Collection by county treasurers. Each county treasurer
17		shall transmit to the State Treasurer all taxes, interest or
18		penalties paid to the county treasurer under this Act and in
19		the county treasurer's possession as of the last day of the
20		previous month, together with a report under oath identifying
21		the taxpayer for or by whom an amount was paid. Those amounts
22		and the report shall be transmitted to and received by the
23		State Treasurer by the 10th day of each month. At the same

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1		time, a copy of the report shall be furnished to the Attorney
2		General. The report shall be in a form and contain the
3		particulars as the State Treasurer may prescribe. The State
4		Treasurer shall give the county treasurer a receipt for the
5		amount transmitted to the State Treasurer. Except as provided
6		in subsection (a-5) of this Section, if any county treasurer
7		fails to pay to the State Treasurer all amounts that may be due
8		and payable under this Act as required by this Section, the
9		county treasurer shall pay to the State Treasurer, as a
10		penalty, a sum of money equal to the interest on the amounts
11		not paid at the rate of 1% per month from the time those
12		amounts are due by the county treasurer until those amounts
13		are paid. The sureties upon the official bond of the county
14		treasurer shall be security for the payment of the penalty.
15		The penalty under this Section may be recovered in a civil
16		action against the county treasurer and his or her sureties,
17		in the name of the People of the State of Illinois, in the
18		circuit court within the county wherein the county treasurer
19		is resident; and the penalty, when recovered, shall be paid
20		into the State treasury. The civil action to recover the
21		penalty shall be brought by the State treasurer within 10 days
22		after the failure of the county treasurer to pay to the State
23		Treasurer any amounts collected by the county treasurer within
24		the time required by this Act. Failure to bring the action
25		within that time shall not prevent the bringing of the action
26		thereafter. It is the duty of the State Treasurer to make

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1		necessary and proper investigation to determine what amounts
2		should be paid under this Act.
3		(a-5) The State Treasurer may waive penalties imposed by
4		subsection (a) of this Section on a case-by-case basis if the
5		State Treasurer finds that imposing penalties would be
6		unreasonable or unnecessarily burdensome because the delay in
7		payment was due to an incident caused by the operation of an
8		extraordinary force, including, but not limited to, the
9		occurrence of a natural disaster, that cannot be foreseen,
10		that cannot be avoided by the exercise of due care, and for
11		which no person can be held liable.
12		(b) (Blank). Transfer Tax Collection Distributive Fund.
13		The Transfer Tax Collection Distributive Fund is created as a
14		special fund in the State treasury. The Fund is a continuation
15		of the Fund of the same name created under the Illinois Estate
16		Tax Law, repealed by this Act. As soon as may be after the
17		first day of each month after the effective date of this Act,
18		and before September 1, 2012, the State Treasurer shall
19		transfer from the General Revenue Fund to the Transfer Tax
20		Collection Distributive Fund an amount equal to 6% of the net
21		revenue realized from this Act during the preceding month.
22		As soon as may be after the first day of each month, the
23		State Treasurer shall allocate among the counties of this
24		State the amount available in the Transfer Tax Collection
25		Distributive Fund. The allocation to each county shall be 6%
26		of the net revenues collected by the county treasurer under

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1		this Act. The State Comptroller, pursuant to appropriation,
2		shall then pay those allocations over to the counties. As soon
3		as possible after all of the required monthly allocations are
4		made from the Transfer Tax Collection Distributive Fund and
5		before September 1, 2012, the State Comptroller shall order
6		transferred and the State Treasurer shall transfer any moneys
7		remaining in the Transfer Tax Collection Distributive Fund
8		from that Fund to the General Revenue Fund, and the Transfer
9		Tax Collection Distributive Fund shall be dissolved.
10		(c) On and after July 1, 2012, 94% of the amounts collected
11		from the taxes, interest, and penalties collected under this
12		Act shall be deposited into the General Revenue Fund and 6% of
13		those amounts shall be deposited into the Estate Tax Refund
14		Fund, a special fund created in the State treasury.
15		Moneys in the Estate Tax Refund Fund shall be expended
16		exclusively for the purpose of paying refunds resulting from
17		overpayment of tax liability under this Act, except that,
18		whenever the State Treasurer determines that any such moneys
19		in the Fund exceed the amount required for the purpose of
20		paying refunds resulting from overpayment of tax liability
21		under this Act, the State Treasurer may transfer any such
22		excess amounts from the Estate Tax Refund Fund to the General
23		Revenue Fund.
24		The Treasurer shall order payment of refunds resulting
25		from overpayment of tax liability under this Act from the
26		Estate Tax Refund Fund only to the extent that amounts have

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1		been deposited and retained in the Fund.
2		Public Act 97-732 This amendatory Act of the 97th General
3		Assembly shall constitute an irrevocable and continuing
4		appropriation from the Estate Tax Refund Fund for the purpose
5		of paying refunds upon the order of the Treasurer in
6		accordance with the provisions of this Act and for the purpose
7		of paying refunds under this Act.
8		(Source: P.A. 96-1162, eff. 7-21-10; 97-732, eff. 6-30-12.)
9		Section 37. The Higher Education Veterans Service Act is
10		amended by changing Section 15 as follows:
11		(110 ILCS 49/15)
12		Sec. 15. Survey; coordinator; best practices report; best
13		efforts.
14		(a) All public colleges and universities shall, within 60
15		days after the effective date of this Act, conduct a survey of
16		the services and programs that are provided for veterans,
17		active duty military personnel, and their families, at each of
18		their respective campuses. This survey shall enumerate and
19		fully describe the service or program that is available, the
20		number of veterans or active duty personnel using the service
21		or program, an estimated range for potential use within a
22		5-year and 10-year period, information on the location of the
23		service or program, and how its administrators may be
24		contacted. The survey shall indicate the manner or manners in

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1		which a student veteran may avail himself or herself of the
2		program's services. This survey must be made available to all
3		veterans matriculating at the college or university in the
4		form of an orientation-related guidebook.
5		Each public college and university shall make the survey
6		available on the homepage of all campus Internet links as soon
7		as practical after the completion of the survey. As soon as
8		possible after the completion of the survey, each public
9		college and university shall provide a copy of its survey to
10		the following:
11		(1) the Board of Higher Education;
12		(2) the Department of Veterans' Affairs;
13		(3) the President and Minority Leader of the Senate
14		and the Speaker and Minority Leader of the House of
15		Representatives; and
16		(4) the Governor.
17		(b) Each public college and university shall, at its
18		discretion, (i) appoint, within 6 months after the effective
19		date of this Act, an existing employee or (ii) hire a new
20		employee to serve as a Coordinator of Veterans and Military
21		Personnel Student Services on each campus of the college or
22		university that has an onsite, daily, full-time student
23		headcount above 1,000 students.
24		The Coordinator of Veterans and Military Personnel Student
25		Services shall be an ombudsperson serving the specific needs
26		of student veterans and military personnel and their families

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1		and shall serve as an advocate before the administration of
2		the college or university for the needs of student veterans.
3		The college or university shall enable the Coordinator of
4		Veterans and Military Personnel Student Services to
5		communicate directly with the senior executive administration
6		of the college or university periodically. The college or
7		university shall retain unfettered discretion to determine the
8		organizational management structure of its institution.
9		In addition to any responsibilities the college or
10		university may assign, the Coordinator of Veterans and
11		Military Personnel Student Services shall make its best
12		efforts to create a centralized source for student veterans
13		and military personnel to learn how to receive all benefit
14		programs and services for which they are eligible.
15		Each college and university campus that is required to
16		have a Coordinator of Veterans and Military Personnel Student
17		Services shall regularly and conspicuously advertise the
18		office location and , phone number of , and Internet access to
19		the Coordinator of Veterans and Military Personnel Student
20		Services, along with a brief summary of the manner in which he
21		or she can assist student veterans. The advertisement shall
22		include, but is not necessarily limited to, the following:
23		(1) advertisements on each campus' Internet home page;
24		and
25		(2) any promotional mailings for student application.
26		The Coordinator of Veterans and Military Personnel Student

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1		Services shall facilitate other campus offices with the
2		promotion of programs and services that are available.
3		(c) Upon receipt of all of the surveys under subsection
4		(a) of this Section, the Board of Higher Education and the
5		Department of Veterans' Affairs shall conduct a joint review
6		of the surveys. The Department of Veterans' Affairs shall and
7		post, on any Internet home page it they may operate, a link to
8		each survey as posted on the Internet website for the college
9		or university. The Board of Higher Education shall post, on
10		any Internet home page it may operate, a link to each survey as
11		posted on the Internet website for the college or university
12		or an annual report or document containing survey information
13		for each college or university. Upon receipt of all of the
14		surveys, the Office of the Governor, through its military
15		affairs advisors, shall similarly conduct a review of the
16		surveys and post the surveys on its Internet website.
17		Following its review of the surveys, the Office of the
18		Governor shall submit an evaluation report to each college and
19		university offering suggestions and insight on the conduct of
20		student veteran-related policies and programs.
21		(d) The Board of Higher Education and the Department of
22		Veterans' Affairs may issue a best practices report to
23		highlight those programs and services that are most beneficial
24		to veterans and active duty military personnel. The report
25		shall contain a fiscal needs assessment in conjunction with
26		any program recommendations.

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1		(e) Each college and university campus that is required to
2		have a Coordinator of Veterans and Military Personnel Student
3		Services under subsection (b) of this Section shall make its
4		best efforts to create academic and social programs and
5		services for veterans and active duty military personnel that
6		will provide reasonable opportunities for academic performance
7		and success.
8		Each public college and university shall make its best
9		efforts to determine how its online educational curricula can
10		be expanded or altered to serve the needs of student veterans
11		and currently-deployed military, including a determination of
12		whether and to what extent the public colleges and
13		universities can share existing technologies to improve the
14		online curricula of peer institutions, provided such efforts
15		are both practically and economically feasible.
16		(Source: P.A. 96-133, eff. 8-7-09; revised 7-16-19.)
17		(235 ILCS 5/1-3.37 rep.)
18		Section 40. The Liquor Control Act of 1934 is amended by
19		repealing Section 1-3.37.
20		(305 ILCS 40/Act rep.)
21		Section 45. The Nursing Home Grant Assistance Act is
22		repealed.
23		Section 50. The Clerks of Courts Act is amended by

HB1726 Enrolled - 22 - LRB102 13675 HLH 19025 b
1		changing Section 27.1b as follows:
2		(705 ILCS 105/27.1b)
3		(Section scheduled to be repealed on January 1, 2022)
4		Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
5		other provision of law, all fees charged by the clerks of the
6		circuit court for the services described in this Section shall
7		be established, collected, and disbursed in accordance with
8		this Section. Except as otherwise specified in this Section,
9		all fees under this Section shall be paid in advance and
10		disbursed by each clerk on a monthly basis. In a county with a
11		population of over 3,000,000, units of local government and
12		school districts shall not be required to pay fees under this
13		Section in advance and the clerk shall instead send an
14		itemized bill to the unit of local government or school
15		district, within 30 days of the fee being incurred, and the
16		unit of local government or school district shall be allowed
17		at least 30 days from the date of the itemized bill to pay;
18		these payments shall be disbursed by each clerk on a monthly
19		basis. Unless otherwise specified in this Section, the amount
20		of a fee shall be determined by ordinance or resolution of the
21		county board and remitted to the county treasurer to be used
22		for purposes related to the operation of the court system in
23		the county. In a county with a population of over 3,000,000,
24		any amount retained by the clerk of the circuit court or
25		remitted to the county treasurer shall be subject to

HB1726 Enrolled - 23 - LRB102 13675 HLH 19025 b
1		appropriation by the county board.
2		(a) Civil cases. The fee for filing a complaint, petition,
3		or other pleading initiating a civil action shall be as set
4		forth in the applicable schedule under this subsection in
5		accordance with case categories established by the Supreme
6		Court in schedules.
7		(1) SCHEDULE 1: not to exceed a total of $366 in a
8		county with a population of 3,000,000 or more and not to
9		exceed $316 in any other county, except as applied to
10		units of local government and school districts in counties
11		with more than 3,000,000 inhabitants an amount not to
12		exceed $190 through December 31, 2021 and $184 on and
13		after January 1, 2022. The fees collected under this
14		schedule shall be disbursed as follows:
15		(A) The clerk shall retain a sum, in an amount not
16		to exceed $55 in a county with a population of
17		3,000,000 or more and in an amount not to exceed $45 in
18		any other county determined by the clerk with the
19		approval of the Supreme Court, to be used for court
20		automation, court document storage, and administrative
21		purposes.
22		(B) The clerk shall remit up to $21 to the State
23		Treasurer. The State Treasurer shall deposit the
24		appropriate amounts, in accordance with the clerk's
25		instructions, as follows:
26		(i) up to $10, as specified by the Supreme

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1		Court in accordance with Part 10A of Article II of
2		the Code of Civil Procedure, into the Mandatory
3		Arbitration Fund;
4		(ii) $2 into the Access to Justice Fund; and
5		(iii) $9 into the Supreme Court Special
6		Purposes Fund.
7		(C) The clerk shall remit a sum to the County
8		Treasurer, in an amount not to exceed $290 in a county
9		with a population of 3,000,000 or more and in an amount
10		not to exceed $250 in any other county, as specified by
11		ordinance or resolution passed by the county board,
12		for purposes related to the operation of the court
13		system in the county.
14		(2) SCHEDULE 2: not to exceed a total of $357 in a
15		county with a population of 3,000,000 or more and not to
16		exceed $266 in any other county, except as applied to
17		units of local government and school districts in counties
18		with more than 3,000,000 inhabitants an amount not to
19		exceed $190 through December 31, 2021 and $184 on and
20		after January 1, 2022. The fees collected under this
21		schedule shall be disbursed as follows:
22		(A) The clerk shall retain a sum, in an amount not
23		to exceed $55 in a county with a population of
24		3,000,000 or more and in an amount not to exceed $45 in
25		any other county determined by the clerk with the
26		approval of the Supreme Court, to be used for court

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1		automation, court document storage, and administrative
2		purposes.
3		(B) The clerk shall remit up to $21 to the State
4		Treasurer. The State Treasurer shall deposit the
5		appropriate amounts, in accordance with the clerk's
6		instructions, as follows:
7		(i) up to $10, as specified by the Supreme
8		Court in accordance with Part 10A of Article II of
9		the Code of Civil Procedure, into the Mandatory
10		Arbitration Fund;
11		(ii) $2 into the Access to Justice Fund: and
12		(iii) $9 into the Supreme Court Special
13		Purposes Fund.
14		(C) The clerk shall remit a sum to the County
15		Treasurer, in an amount not to exceed $281 in a county
16		with a population of 3,000,000 or more and in an amount
17		not to exceed $200 in any other county, as specified by
18		ordinance or resolution passed by the county board,
19		for purposes related to the operation of the court
20		system in the county.
21		(3) SCHEDULE 3: not to exceed a total of $265 in a
22		county with a population of 3,000,000 or more and not to
23		exceed $89 in any other county, except as applied to units
24		of local government and school districts in counties with
25		more than 3,000,000 inhabitants an amount not to exceed
26		$190 through December 31, 2021 and $184 on and after

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1		January 1, 2022. The fees collected under this schedule
2		shall be disbursed as follows:
3		(A) The clerk shall retain a sum, in an amount not
4		to exceed $55 in a county with a population of
5		3,000,000 or more and in an amount not to exceed $22 in
6		any other county determined by the clerk with the
7		approval of the Supreme Court, to be used for court
8		automation, court document storage, and administrative
9		purposes.
10		(B) The clerk shall remit $11 to the State
11		Treasurer. The State Treasurer shall deposit the
12		appropriate amounts in accordance with the clerk's
13		instructions, as follows:
14		(i) $2 into the Access to Justice Fund; and
15		(ii) $9 into the Supreme Court Special
16		Purposes Fund.
17		(C) The clerk shall remit a sum to the County
18		Treasurer, in an amount not to exceed $199 in a county
19		with a population of 3,000,000 or more and in an amount
20		not to exceed $56 in any other county, as specified by
21		ordinance or resolution passed by the county board,
22		for purposes related to the operation of the court
23		system in the county.
24		(4) SCHEDULE 4: $0.
25		(b) Appearance. The fee for filing an appearance in a
26		civil action, including a cannabis civil law action under the

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1		Cannabis Control Act, shall be as set forth in the applicable
2		schedule under this subsection in accordance with case
3		categories established by the Supreme Court in schedules.
4		(1) SCHEDULE 1: not to exceed a total of $230 in a
5		county with a population of 3,000,000 or more and not to
6		exceed $191 in any other county, except as applied to
7		units of local government and school districts in counties
8		with more than 3,000,000 inhabitants an amount not to
9		exceed $75. The fees collected under this schedule shall
10		be disbursed as follows:
11		(A) The clerk shall retain a sum, in an amount not
12		to exceed $50 in a county with a population of
13		3,000,000 or more and in an amount not to exceed $45 in
14		any other county determined by the clerk with the
15		approval of the Supreme Court, to be used for court
16		automation, court document storage, and administrative
17		purposes.
18		(B) The clerk shall remit up to $21 to the State
19		Treasurer. The State Treasurer shall deposit the
20		appropriate amounts, in accordance with the clerk's
21		instructions, as follows:
22		(i) up to $10, as specified by the Supreme
23		Court in accordance with Part 10A of Article II of
24		the Code of Civil Procedure, into the Mandatory
25		Arbitration Fund;
26		(ii) $2 into the Access to Justice Fund; and

HB1726 Enrolled - 28 - LRB102 13675 HLH 19025 b
1		(iii) $9 into the Supreme Court Special
2		Purposes Fund.
3		(C) The clerk shall remit a sum to the County
4		Treasurer, in an amount not to exceed $159 in a county
5		with a population of 3,000,000 or more and in an amount
6		not to exceed $125 in any other county, as specified by
7		ordinance or resolution passed by the county board,
8		for purposes related to the operation of the court
9		system in the county.
10		(2) SCHEDULE 2: not to exceed a total of $130 in a
11		county with a population of 3,000,000 or more and not to
12		exceed $109 in any other county, except as applied to
13		units of local government and school districts in counties
14		with more than 3,000,000 inhabitants an amount not to
15		exceed $75. The fees collected under this schedule shall
16		be disbursed as follows:
17		(A) The clerk shall retain a sum, in an amount not
18		to exceed $50 in a county with a population of
19		3,000,000 or more and in an amount not to exceed $10 in
20		any other county determined by the clerk with the
21		approval of the Supreme Court, to be used for court
22		automation, court document storage, and administrative
23		purposes.
24		(B) The clerk shall remit $9 to the State
25		Treasurer, which the State Treasurer shall deposit
26		into the Supreme Court Special Purposes Purpose Fund.

HB1726 Enrolled - 29 - LRB102 13675 HLH 19025 b
1		(C) The clerk shall remit a sum to the County
2		Treasurer, in an amount not to exceed $71 in a county
3		with a population of 3,000,000 or more and in an amount
4		not to exceed $90 in any other county, as specified by
5		ordinance or resolution passed by the county board,
6		for purposes related to the operation of the court
7		system in the county.
8		(3) SCHEDULE 3: $0.
9		(b-5) Kane County and Will County. In Kane County and Will
10		County civil cases, there is an additional fee of up to $30 as
11		set by the county board under Section 5-1101.3 of the Counties
12		Code to be paid by each party at the time of filing the first
13		pleading, paper, or other appearance; provided that no
14		additional fee shall be required if more than one party is
15		represented in a single pleading, paper, or other appearance.
16		Distribution of fees collected under this subsection (b-5)
17		shall be as provided in Section 5-1101.3 of the Counties Code.
18		(c) Counterclaim or third party complaint. When any
19		defendant files a counterclaim or third party complaint, as
20		part of the defendant's answer or otherwise, the defendant
21		shall pay a filing fee for each counterclaim or third party
22		complaint in an amount equal to the filing fee the defendant
23		would have had to pay had the defendant brought a separate
24		action for the relief sought in the counterclaim or third
25		party complaint, less the amount of the appearance fee, if
26		any, that the defendant has already paid in the action in which

HB1726 Enrolled - 30 - LRB102 13675 HLH 19025 b
1		the counterclaim or third party complaint is filed.
2		(d) Alias summons. The clerk shall collect a fee not to
3		exceed $6 in a county with a population of 3,000,000 or more
4		and not to exceed $5 in any other county for each alias summons
5		or citation issued by the clerk, except as applied to units of
6		local government and school districts in counties with more
7		than 3,000,000 inhabitants an amount not to exceed $5 for each
8		alias summons or citation issued by the clerk.
9		(e) Jury services. The clerk shall collect, in addition to
10		other fees allowed by law, a sum not to exceed $212.50, as a
11		fee for the services of a jury in every civil action not
12		quasi-criminal in its nature and not a proceeding for the
13		exercise of the right of eminent domain and in every other
14		action wherein the right of trial by jury is or may be given by
15		law. The jury fee shall be paid by the party demanding a jury
16		at the time of filing the jury demand. If the fee is not paid
17		by either party, no jury shall be called in the action or
18		proceeding, and the action or proceeding shall be tried by the
19		court without a jury.
20		(f) Change of venue. In connection with a change of venue:
21		(1) The clerk of the jurisdiction from which the case
22		is transferred may charge a fee, not to exceed $40, for the
23		preparation and certification of the record; and
24		(2) The clerk of the jurisdiction to which the case is
25		transferred may charge the same filing fee as if it were
26		the commencement of a new suit.

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1		(g) Petition to vacate or modify.
2		(1) In a proceeding involving a petition to vacate or
3		modify any final judgment or order filed within 30 days
4		after the judgment or order was entered, except for an
5		eviction case, small claims case, petition to reopen an
6		estate, petition to modify, terminate, or enforce a
7		judgment or order for child or spousal support, or
8		petition to modify, suspend, or terminate an order for
9		withholding, the fee shall not exceed $60 in a county with
10		a population of 3,000,000 or more and shall not exceed $50
11		in any other county, except as applied to units of local
12		government and school districts in counties with more than
13		3,000,000 inhabitants an amount not to exceed $50.
14		(2) In a proceeding involving a petition to vacate or
15		modify any final judgment or order filed more than 30 days
16		after the judgment or order was entered, except for a
17		petition to modify, terminate, or enforce a judgment or
18		order for child or spousal support, or petition to modify,
19		suspend, or terminate an order for withholding, the fee
20		shall not exceed $75.
21		(3) In a proceeding involving a motion to vacate or
22		amend a final order, motion to vacate an ex parte
23		judgment, judgment of forfeiture, or "failure to appear"
24		or "failure to comply" notices sent to the Secretary of
25		State, the fee shall equal $40.
26		(h) Appeals preparation. The fee for preparation of a

HB1726 Enrolled - 32 - LRB102 13675 HLH 19025 b
1		record on appeal shall be based on the number of pages, as
2		follows:
3		(1) if the record contains no more than 100 pages, the
4		fee shall not exceed $70 in a county with a population of
5		3,000,000 or more and shall not exceed $50 in any other
6		county;
7		(2) if the record contains between 100 and 200 pages,
8		the fee shall not exceed $100; and
9		(3) if the record contains 200 or more pages, the
10		clerk may collect an additional fee not to exceed 25 cents
11		per page.
12		(i) Remands. In any cases remanded to the circuit court
13		from the Supreme Court or the appellate court for a new trial,
14		the clerk shall reinstate the case with either its original
15		number or a new number. The clerk shall not charge any new or
16		additional fee for the reinstatement. Upon reinstatement, the
17		clerk shall advise the parties of the reinstatement. Parties
18		shall have the same right to a jury trial on remand and
19		reinstatement that they had before the appeal, and no
20		additional or new fee or charge shall be made for a jury trial
21		after remand.
22		(j) Garnishment, wage deduction, and citation. In
23		garnishment affidavit, wage deduction affidavit, and citation
24		petition proceedings:
25		(1) if the amount in controversy in the proceeding is
26		not more than $1,000, the fee may not exceed $35 in a

HB1726 Enrolled - 33 - LRB102 13675 HLH 19025 b
1		county with a population of 3,000,000 or more and may not
2		exceed $15 in any other county, except as applied to units
3		of local government and school districts in counties with
4		more than 3,000,000 inhabitants an amount not to exceed
5		$15;
6		(2) if the amount in controversy in the proceeding is
7		greater than $1,000 and not more than $5,000, the fee may
8		not exceed $45 in a county with a population of 3,000,000
9		or more and may not exceed $30 in any other county, except
10		as applied to units of local government and school
11		districts in counties with more than 3,000,000 inhabitants
12		an amount not to exceed $30; and
13		(3) if the amount in controversy in the proceeding is
14		greater than $5,000, the fee may not exceed $65 in a county
15		with a population of 3,000,000 or more and may not exceed
16		$50 in any other county, except as applied to units of
17		local government and school districts in counties with
18		more than 3,000,000 inhabitants an amount not to exceed
19		$50.
20		(j-5) Debt collection. In any proceeding to collect a debt
21		subject to the exception in item (ii) of subparagraph (A-5) of
22		paragraph (1) of subsection (z) of this Section, the circuit
23		court shall order and the clerk shall collect from each
24		judgment debtor a fee of:
25		(1) $35 if the amount in controversy in the proceeding
26		is not more than $1,000;

HB1726 Enrolled - 34 - LRB102 13675 HLH 19025 b
1		(2) $45 if the amount in controversy in the proceeding
2		is greater than $1,000 and not more than $5,000; and
3		(3) $65 if the amount in controversy in the proceeding
4		is greater than $5,000.
5		(k) Collections.
6		(1) For all collections made of others, except the
7		State and county and except in maintenance or child
8		support cases, the clerk may collect a fee of up to 2.5% of
9		the amount collected and turned over.
10		(2) In child support and maintenance cases, the clerk
11		may collect an annual fee of up to $36 from the person
12		making payment for maintaining child support records and
13		the processing of support orders to the State of Illinois
14		KIDS system and the recording of payments issued by the
15		State Disbursement Unit for the official record of the
16		Court. This fee is in addition to and separate from
17		amounts ordered to be paid as maintenance or child support
18		and shall be deposited into a Separate Maintenance and
19		Child Support Collection Fund, of which the clerk shall be
20		the custodian, ex officio, to be used by the clerk to
21		maintain child support orders and record all payments
22		issued by the State Disbursement Unit for the official
23		record of the Court. The clerk may recover from the person
24		making the maintenance or child support payment any
25		additional cost incurred in the collection of this annual
26		fee.

HB1726 Enrolled - 35 - LRB102 13675 HLH 19025 b
1		(3) The clerk may collect a fee of $5 for
2		certifications made to the Secretary of State as provided
3		in Section 7-703 of the Illinois Vehicle Code, and this
4		fee shall be deposited into the Separate Maintenance and
5		Child Support Collection Fund.
6		(4) In proceedings to foreclose the lien of delinquent
7		real estate taxes, State's Attorneys shall receive a fee
8		of 10% of the total amount realized from the sale of real
9		estate sold in the proceedings. The clerk shall collect
10		the fee from the total amount realized from the sale of the
11		real estate sold in the proceedings and remit to the
12		County Treasurer to be credited to the earnings of the
13		Office of the State's Attorney.
14		(l) Mailing. The fee for the clerk mailing documents shall
15		not exceed $10 plus the cost of postage.
16		(m) Certified copies. The fee for each certified copy of a
17		judgment, after the first copy, shall not exceed $10.
18		(n) Certification, authentication, and reproduction.
19		(1) The fee for each certification or authentication
20		for taking the acknowledgment of a deed or other
21		instrument in writing with the seal of office shall not
22		exceed $6.
23		(2) The fee for reproduction of any document contained
24		in the clerk's files shall not exceed:
25		(A) $2 for the first page;
26		(B) 50 cents per page for the next 19 pages; and

HB1726 Enrolled - 36 - LRB102 13675 HLH 19025 b
1		(C) 25 cents per page for all additional pages.
2		(o) Record search. For each record search, within a
3		division or municipal district, the clerk may collect a search
4		fee not to exceed $6 for each year searched.
5		(p) Hard copy. For each page of hard copy print output,
6		when case records are maintained on an automated medium, the
7		clerk may collect a fee not to exceed $10 in a county with a
8		population of 3,000,000 or more and not to exceed $6 in any
9		other county, except as applied to units of local government
10		and school districts in counties with more than 3,000,000
11		inhabitants an amount not to exceed $6.
12		(q) Index inquiry and other records. No fee shall be
13		charged for a single plaintiff and defendant index inquiry or
14		single case record inquiry when this request is made in person
15		and the records are maintained in a current automated medium,
16		and when no hard copy print output is requested. The fees to be
17		charged for management records, multiple case records, and
18		multiple journal records may be specified by the Chief Judge
19		pursuant to the guidelines for access and dissemination of
20		information approved by the Supreme Court.
21		(r) Performing a marriage. There shall be a $10 fee for
22		performing a marriage in court.
23		(s) Voluntary assignment. For filing each deed of
24		voluntary assignment, the clerk shall collect a fee not to
25		exceed $20. For recording a deed of voluntary assignment, the
26		clerk shall collect a fee not to exceed 50 cents for each 100

HB1726 Enrolled - 37 - LRB102 13675 HLH 19025 b
1		words. Exceptions filed to claims presented to an assignee of
2		a debtor who has made a voluntary assignment for the benefit of
3		creditors shall be considered and treated, for the purpose of
4		taxing costs therein, as actions in which the party or parties
5		filing the exceptions shall be considered as party or parties
6		plaintiff, and the claimant or claimants as party or parties
7		defendant, and those parties respectively shall pay to the
8		clerk the same fees as provided by this Section to be paid in
9		other actions.
10		(t) Expungement petition. The clerk may collect a fee not
11		to exceed $60 for each expungement petition filed and an
12		additional fee not to exceed $4 for each certified copy of an
13		order to expunge arrest records.
14		(u) Transcripts of judgment. For the filing of a
15		transcript of judgment, the clerk may collect the same fee as
16		if it were the commencement of a new suit.
17		(v) Probate filings.
18		(1) For each account (other than one final account)
19		filed in the estate of a decedent, or ward, the fee shall
20		not exceed $25.
21		(2) For filing a claim in an estate when the amount
22		claimed is greater than $150 and not more than $500, the
23		fee shall not exceed $40 in a county with a population of
24		3,000,000 or more and shall not exceed $25 in any other
25		county; when the amount claimed is greater than $500 and
26		not more than $10,000, the fee shall not exceed $55 in a

HB1726 Enrolled - 38 - LRB102 13675 HLH 19025 b
1		county with a population of 3,000,000 or more and shall
2		not exceed $40 in any other county; and when the amount
3		claimed is more than $10,000, the fee shall not exceed $75
4		in a county with a population of 3,000,000 or more and
5		shall not exceed $60 in any other county; except the court
6		in allowing a claim may add to the amount allowed the
7		filing fee paid by the claimant.
8		(3) For filing in an estate a claim, petition, or
9		supplemental proceeding based upon an action seeking
10		equitable relief including the construction or contest of
11		a will, enforcement of a contract to make a will, and
12		proceedings involving testamentary trusts or the
13		appointment of testamentary trustees, the fee shall not
14		exceed $60.
15		(4) There shall be no fee for filing in an estate: (i)
16		the appearance of any person for the purpose of consent;
17		or (ii) the appearance of an executor, administrator,
18		administrator to collect, guardian, guardian ad litem, or
19		special administrator.
20		(5) For each jury demand, the fee shall not exceed
21		$137.50.
22		(6) For each certified copy of letters of office, of
23		court order, or other certification, the fee shall not
24		exceed $2 per page.
25		(7) For each exemplification, the fee shall not exceed
26		$2, plus the fee for certification.

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1		(8) The executor, administrator, guardian, petitioner,
2		or other interested person or his or her attorney shall
3		pay the cost of publication by the clerk directly to the
4		newspaper.
5		(9) The person on whose behalf a charge is incurred
6		for witness, court reporter, appraiser, or other
7		miscellaneous fees shall pay the same directly to the
8		person entitled thereto.
9		(10) The executor, administrator, guardian,
10		petitioner, or other interested person or his or her
11		attorney shall pay to the clerk all postage charges
12		incurred by the clerk in mailing petitions, orders,
13		notices, or other documents pursuant to the provisions of
14		the Probate Act of 1975.
15		(w) Corrections of numbers. For correction of the case
16		number, case title, or attorney computer identification
17		number, if required by rule of court, on any document filed in
18		the clerk's office, to be charged against the party that filed
19		the document, the fee shall not exceed $25.
20		(x) Miscellaneous.
21		(1) Interest earned on any fees collected by the clerk
22		shall be turned over to the county general fund as an
23		earning of the office.
24		(2) For any check, draft, or other bank instrument
25		returned to the clerk for non-sufficient funds, account
26		closed, or payment stopped, the clerk shall collect a fee

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1		of $25.
2		(y) Other fees. Any fees not covered in this Section shall
3		be set by rule or administrative order of the circuit court
4		with the approval of the Administrative Office of the Illinois
5		Courts. The clerk of the circuit court may provide services in
6		connection with the operation of the clerk's office, other
7		than those services mentioned in this Section, as may be
8		requested by the public and agreed to by the clerk and approved
9		by the Chief Judge. Any charges for additional services shall
10		be as agreed to between the clerk and the party making the
11		request and approved by the Chief Judge. Nothing in this
12		subsection shall be construed to require any clerk to provide
13		any service not otherwise required by law.
14		(y-5) Unpaid fees. Unless a court ordered payment schedule
15		is implemented or the fee requirements of this Section are
16		waived under a court order, the clerk of the circuit court may
17		add to any unpaid fees and costs under this Section a
18		delinquency amount equal to 5% of the unpaid fees that remain
19		unpaid after 30 days, 10% of the unpaid fees that remain unpaid
20		after 60 days, and 15% of the unpaid fees that remain unpaid
21		after 90 days. Notice to those parties may be made by signage
22		posting or publication. The additional delinquency amounts
23		collected under this Section shall be deposited into the
24		Circuit Court Clerk Operations and Administration Fund and
25		used to defray additional administrative costs incurred by the
26		clerk of the circuit court in collecting unpaid fees and

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1		costs.
2		(z) Exceptions.
3		(1) No fee authorized by this Section shall apply to:
4		(A) police departments or other law enforcement
5		agencies. In this Section, "law enforcement agency"
6		means: an agency of the State or agency of a unit of
7		local government which is vested by law or ordinance
8		with the duty to maintain public order and to enforce
9		criminal laws or ordinances; the Attorney General; or
10		any State's Attorney;
11		(A-5) any unit of local government or school
12		district, except in counties having a population of
13		500,000 or more the county board may by resolution set
14		fees for units of local government or school districts
15		no greater than the minimum fees applicable in
16		counties with a population less than 3,000,000;
17		provided however, no fee may be charged to any unit of
18		local government or school district in connection with
19		any action which, in whole or in part, is: (i) to
20		enforce an ordinance; (ii) to collect a debt; or (iii)
21		under the Administrative Review Law;
22		(B) any action instituted by the corporate
23		authority of a municipality with more than 1,000,000
24		inhabitants under Section 11-31-1 of the Illinois
25		Municipal Code and any action instituted under
26		subsection (b) of Section 11-31-1 of the Illinois

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1		Municipal Code by a private owner or tenant of real
2		property within 1,200 feet of a dangerous or unsafe
3		building seeking an order compelling the owner or
4		owners of the building to take any of the actions
5		authorized under that subsection;
6		(C) any commitment petition or petition for an
7		order authorizing the administration of psychotropic
8		medication or electroconvulsive therapy under the
9		Mental Health and Developmental Disabilities Code;
10		(D) a petitioner in any order of protection
11		proceeding, including, but not limited to, fees for
12		filing, modifying, withdrawing, certifying, or
13		photocopying petitions for orders of protection,
14		issuing alias summons, any related filing service, or
15		certifying, modifying, vacating, or photocopying any
16		orders of protection; or
17		(E) proceedings for the appointment of a
18		confidential intermediary under the Adoption Act.
19		(2) No fee other than the filing fee contained in the
20		applicable schedule in subsection (a) shall be charged to
21		any person in connection with an adoption proceeding.
22		(3) Upon good cause shown, the court may waive any
23		fees associated with a special needs adoption. The term
24		"special needs adoption" has the meaning provided by the
25		Illinois Department of Children and Family Services.
26		(aa) This Section is repealed on January 1, 2022.

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1		(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
2		100-1161, eff. 7-1-19; 101-645, eff. 6-26-20; revised
3		8-18-20.)
4		Section 55. The Criminal and Traffic Assessment Act is
5		amended by changing Section 15-20 as follows:
6		(705 ILCS 135/15-20)
7		(Section scheduled to be repealed on January 1, 2022)
8		Sec. 15-20. SCHEDULE 4; felony sex offenses.
9		SCHEDULE 4: For a felony or attempted felony under Article
10		11 or Section 12-33 of the Criminal Code of 2012, the Clerk of
11		the Circuit Court shall collect $1,314 and remit as follows:
12		(1) As the county's portion, $354 to the county treasurer,
13		who shall deposit the money as follows:
14		(A) $20 into the Court Automation Fund;
15		(B) $20 into the Court Document Storage Fund;
16		(C) $5 into the Circuit Court Clerk Operation and
17		Administrative Fund;
18		(D) $255 into the county's General Fund;
19		(E) $10 into the Child Advocacy Center Fund;
20		(F) $2 into the State's Attorney Records Automation
21		Fund;
22		(G) $2 into the Public Defender Records Automation
23		Fund;
24		(H) $20 into the County Jail Medical Costs Fund; and

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1		(I) $20 into the Probation and Court Services Fund.
2		(2) As the State's portion, $960 to the State Treasurer,
3		who shall deposit the money as follows:
4		(A) $520 into the State Police Operations Assistance
5		Fund;
6		(B) $100 into the Violent Crime Victims Assistance
7		Fund;
8		(C) $200 into the Sexual Assault Services Fund;
9		(D) $100 into the Domestic Violence Shelter and
10		Service Services Fund;
11		(E) $5 into the State Police Merit Board Public Safety
12		Fund; and
13		(F) $35 into the Traffic and Criminal Conviction
14		Surcharge Fund.
15		(Source: P.A. 100-987, eff. 7-1-19.)
16		Section 60. The Unified Code of Corrections is amended by
17		changing Sections 5-4-3a and 5-9-1.22 as follows:
18		(730 ILCS 5/5-4-3a)
19		Sec. 5-4-3a. DNA testing backlog accountability.
20		(a) On or before August 1 of each year, the Department of
21		State Police shall report to the Governor and both houses of
22		the General Assembly the following information:
23		(1) the extent of the backlog of cases awaiting
24		testing or awaiting DNA analysis by that Department,

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1		including but not limited to those tests conducted under
2		Section 5-4-3, as of June 30 of the previous fiscal year,
3		with the backlog being defined as all cases awaiting
4		forensic testing whether in the physical custody of the
5		State Police or in the physical custody of local law
6		enforcement, provided that the State Police have written
7		notice of any evidence in the physical custody of local
8		law enforcement prior to June 1 of that year; and
9		(2) what measures have been and are being taken to
10		reduce that backlog and the estimated costs or
11		expenditures in doing so.
12		(b) The information reported under this Section shall be
13		made available to the public, at the time it is reported, on
14		the official web site of the Department of State Police.
15		(c) Beginning January 1, 2016, the Department of State
16		Police shall quarterly report on the status of the processing
17		of forensic biology and DNA evidence submitted to the
18		Department of State Police Laboratory for analysis. The report
19		shall be submitted to the Governor and the General Assembly,
20		and shall be posted on the Department of State Police website.
21		The report shall include the following for each State Police
22		Laboratory location and any laboratory to which the Department
23		of State Police has outsourced evidence for testing:
24		(1) For forensic biology submissions, report both
25		total assignment case and sexual assault or abuse
26		assignment case (as defined by the Sexual Assault Evidence

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1		Submission Act) figures for:
2		(A) The number of assignments cases received in
3		the preceding quarter.
4		(B) The number of assignments cases completed in
5		the preceding quarter.
6		(C) The number of assignments cases waiting
7		analysis.
8		(D) The number of assignments cases sent for
9		outsourcing.
10		(E) The number of assignments cases waiting
11		analysis that were received within the past 30 days.
12		(F) The number of assignments cases waiting
13		analysis that were received 31 to 90 days prior.
14		(G) The number of assignments cases waiting
15		analysis that were received 91 to 180 days prior.
16		(H) The number of assignments cases waiting
17		analysis that were received 181 to 365 days prior.
18		(I) The number of assignments cases waiting
19		analysis that were received more than 365 days prior.
20		(J) (Blank). The number of cases forwarded for DNA
21		analyses.
22		(2) (Blank). For DNA submissions, report both total
23		case and sexual assault or abuse case (as defined by the
24		Sexual Assault Evidence Submission Act) figures for:
25		(A) The number of cases received in the preceding
26		quarter.

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1		(B) The number of cases completed in the preceding
2		quarter.
3		(C) The number of cases waiting analysis.
4		(D) The number of cases sent for outsourcing.
5		(E) The number of cases waiting analysis that were
6		received within the past 30 days.
7		(F) The number of cases waiting analysis that were
8		received 31 to 90 days prior.
9		(G) The number of cases waiting analysis that were
10		received 91 to 180 days prior.
11		(H) The number of cases waiting analysis that were
12		received 181 to 365 days prior.
13		(I) The number of cases waiting analysis that were
14		received more than 365 days prior.
15		(3) For all other categories of testing (e.g., drug
16		chemistry, firearms/toolmark, footwear/tire track, latent
17		prints, toxicology, and trace chemistry analysis):
18		(A) The number of assignments cases received in
19		the preceding quarter.
20		(B) The number of assignments cases completed in
21		the preceding quarter.
22		(C) The number of assignments cases waiting
23		analysis.
24		(4) For the Combined DNA Index System (CODIS), report
25		both total assignment case and sexual assault or abuse
26		assignment case (as defined by the Sexual Assault Evidence

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1		Submission Act) figures for subparagraphs (D), (E), and
2		(F) of this paragraph (4):
3		(A) The number of new offender samples received in
4		the preceding quarter.
5		(B) The number of offender samples uploaded to
6		CODIS in the preceding quarter.
7		(C) The number of offender samples awaiting
8		analysis.
9		(D) The number of unknown DNA case profiles
10		uploaded to CODIS in the preceding quarter.
11		(E) The number of CODIS hits in the preceding
12		quarter.
13		(F) The number of forensic evidence submissions
14		submitted to confirm a previously reported CODIS hit.
15		(5) For each category of testing, report the number of
16		trained forensic scientists and the number of forensic
17		scientists in training.
18		As used in this subsection (c), "completed" means
19		completion of both the analysis of the evidence and the
20		provision of the results to the submitting law enforcement
21		agency.
22		(d) The provisions of this subsection (d), other than this
23		sentence, are inoperative on and after January 1, 2019 or 2
24		years after the effective date of this amendatory Act of the
25		99th General Assembly, whichever is later. In consultation
26		with and subject to the approval of the Chief Procurement

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1		Officer, the Department of State Police may obtain contracts
2		for services, commodities, and equipment to assist in the
3		timely completion of forensic biology, DNA, drug chemistry,
4		firearms/toolmark, footwear/tire track, latent prints,
5		toxicology, microscopy, trace chemistry, and Combined DNA
6		Index System (CODIS) analysis. Contracts to support the
7		delivery of timely forensic science services are not subject
8		to the provisions of the Illinois Procurement Code, except for
9		Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
10		that Code, provided that the Chief Procurement Officer may, in
11		writing with justification, waive any certification required
12		under Article 50 of the Illinois Procurement Code. For any
13		contracts for services which are currently provided by members
14		of a collective bargaining agreement, the applicable terms of
15		the collective bargaining agreement concerning subcontracting
16		shall be followed.
17		(Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17.)
18		(730 ILCS 5/5-9-1.22)
19		Sec. 5-9-1.22. Fee; Roadside Memorial Fund. A person who
20		is convicted or receives a disposition of court supervision
21		for a violation of Section 11-501 of the Illinois Vehicle Code
22		shall, in addition to any other disposition, penalty, or fine
23		imposed, pay a fee of $50 which shall be collected by the clerk
24		of the court and then remitted to the State Treasurer for
25		deposit into the Roadside Memorial Fund, a special fund that

HB1726 Enrolled - 50 - LRB102 13675 HLH 19025 b
1		is created in the State treasury. However, the court may waive
2		the fee if full restitution is complied with. Subject to
3		appropriation, all moneys in the Roadside Memorial Fund shall
4		be used by the Department of Transportation to pay fees
5		imposed under subsection (f) of Section 20 of the Roadside
6		Memorial Act.
7		This Section is substantially the same as Section 5-9-1.18
8		5-9-1.8 of the Unified Code of Corrections, which Section was
9		repealed by Public Act 100-987, and shall be construed as a
10		continuation of the fee established by that prior law, and not
11		as a new or different fee.
12		(Source: P.A. 101-10, eff. 6-5-19.)
13		Section 99. Effective date. This Act takes effect upon
14		becoming law.