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Public Act 093-0801
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| SB2757 Enrolled |
LRB093 18243 LCB 46228 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Reviewing Court Alternative Dispute Resolution Act.
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Section 5. Purpose. Conflict resolution techniques such as |
mediation, settlement conferences, arbitration, and other |
alternative forms of dispute resolution may reduce costs for |
civil litigants and simplify issues and reduce caseloads in the |
reviewing courts. The purpose of this Act is to facilitate the |
funding of alternative dispute resolution programs in the |
reviewing courts should the Supreme Court, in its discretion, |
adopt rules to establish such programs in Illinois.
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Section 10. Reviewing Court Alternative Dispute Resolution |
Fund. The Reviewing Court Alternative Dispute Resolution Fund |
is created as a special fund in the State Treasury. The Supreme |
Court may designate an amount to be included in the filing fees |
collected by the clerks of the Appellate Court for the funding |
of alternative dispute resolution programs in the reviewing |
courts. The portion of the filing fees designated for |
alternative dispute resolution programs in the reviewing |
courts shall be remitted within one month after receipt to the |
State Treasurer for deposit in the Reviewing Court Alternative |
Dispute Resolution Fund. All money in the Reviewing Court |
Alternative Dispute Resolution Fund shall be maintained in |
separate accounts for each Appellate Court district that has |
established approved alternative dispute resolution programs |
pursuant to Supreme Court rule and used, subject to |
appropriation, by the Supreme Court solely for the purpose of |
funding alternative dispute resolution programs in the |
reviewing courts.
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Section 15. Alternative Dispute Resolution Programs in the |
Reviewing Courts. The practice, procedure, and administration |
of alternative dispute resolution programs in the reviewing |
courts shall be as provided by Supreme Court rule. The Uniform |
Arbitration Act, the Uniform Mediation Act, and other statutory |
provisions relating to arbitration, mediation, or other forms |
of alternative dispute resolution shall not be applicable to |
any alternative dispute resolution program in the reviewing |
courts, except as provided by Supreme Court rule.
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Section 20. Expenses. The expenses of conducting |
alternative dispute resolution programs in the reviewing |
courts shall be determined by the Supreme Court and paid from |
the State Treasury on the warrant of the Comptroller out of |
appropriations made for that purpose by the General Assembly.
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Section 70. The State Finance Act is amended by adding |
Section 5.625 and by changing Section 8h as follows:
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(30 ILCS 105/5.625 new) |
Sec. 5.625. The Reviewing Court Alternative Dispute |
Resolution Fund.
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(30 ILCS 105/8h)
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Sec. 8h. Transfers to General Revenue Fund. |
Notwithstanding any other
State law to the contrary, the |
Director of the
Governor's Office of Management and Budget
may |
from time to time direct the State Treasurer and Comptroller to |
transfer
a specified sum from any fund held by the State |
Treasurer to the General
Revenue Fund in order to help defray |
the State's operating costs for the
fiscal year. The total |
transfer under this Section from any fund in any
fiscal year |
shall not exceed the lesser of 8% of the revenues to be |
deposited
into the fund during that year or 25% of the |
beginning balance in the fund.
No transfer may be made from a |
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fund under this Section that would have the
effect of reducing |
the available balance in the fund to an amount less than
the |
amount remaining unexpended and unreserved from the total |
appropriation
from that fund for that fiscal year. This Section |
does not apply to any
funds that are restricted by federal law |
to a specific use or to any funds in
the Motor Fuel Tax Fund,
or |
the Hospital Provider Fund, or the Reviewing Court Alternative |
Dispute Resolution Fund. Notwithstanding any
other provision |
of this Section,
the total transfer under this Section from the |
Road Fund or the State
Construction Account Fund shall not |
exceed 5% of the revenues to be deposited
into the fund during |
that year.
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In determining the available balance in a fund, the |
Director of the
Governor's Office of Management and Budget
may |
include receipts, transfers into the fund, and other
resources |
anticipated to be available in the fund in that fiscal year.
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The State Treasurer and Comptroller shall transfer the |
amounts designated
under this Section as soon as may be |
practicable after receiving the direction
to transfer from the |
Director of the Governor's Office of Management and
Budget.
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(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04.)
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Section 80. The Appellate Court Act is amended by changing |
Section 3 as follows:
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(705 ILCS 25/3) (from Ch. 37, par. 27)
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Sec. 3. Clerk's salary - destruction of records. The |
ordinary and contingent
expenses of operating the offices of |
the clerks of the branches of the Appellate
Court, including |
salaries, shall be determined by the Supreme Court and
paid |
from the State Treasury on the warrant of the Comptroller out |
of appropriations
made for that purpose by the General |
Assembly. The clerk of each branch
of the appellate court shall
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perform the duties usually devolving upon clerks of courts in |
this
State, and shall provide books, stationery and seals for |
the appellate
courts, and shall be entitled to receive the same |
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fees for services in
each branch of the appellate court as are |
allowed for like services in
the Supreme Court. All fees paid |
to or received by any such clerk shall
be paid into the State |
treasury as required by Section 2 of "An Act in
relation to the |
payment and disposition of moneys received by officers
and |
employees of the State of Illinois by virtue of their office or
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employment", approved June 9, 1911, as amended, except that any |
filing fees designated by Supreme Court Rule for alternative |
dispute resolution programs in the reviewing courts as provided |
in the Reviewing Court Alternative Dispute Resolution Act |
shall, within one month after receipt, be remitted to the State |
Treasurer for deposit in the Reviewing Court Alternative |
Dispute Resolution Fund.
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The clerks shall, on the order and under the direction of |
the
court, destroy any or all the records certified by the |
clerk (or a
judge) of a trial court in cases finally decided |
more than 21 years
prior to the entry of the order.
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(Source: P.A. 83-294.)
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Section 85. The Lawyers' Assistance Program Act amended by |
changing Sections 5 and 10 as follows:
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(705 ILCS 235/5)
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Sec. 5. Definition. For the purposes of this Act,
"lawyers' |
assistance program" means a program operated by
a |
not-for-profit corporation that is exempt from the payment of
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federal taxes under Section 501(c)(3) of the Internal Revenue |
Code
and that provides services that may include the provision |
of
information on addiction and mental health impairments, |
referrals to
treatment programs, peer assistance, prevention |
education,
interventions, relapse prevention, and monitoring |
of compliance with
treatment programs for attorneys and law |
students.
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(Source: P.A. 92-747, eff. 7-31-02.)
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(705 ILCS 235/10)
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