Public Act 096-0302
 		





HB3691 Enrolled
LRB096 07710 RCE 17811 b






    AN ACT concerning finance.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    (30 ILCS 105/5.630 rep.)

    Section 5. The State Finance Act is amended  by repealing 
Section 5.630.
 
    Section 10. The State Finance Act is amended  by changing 
Section 8h as follows:
 
    (30 ILCS 105/8h)


    Sec. 8h. Transfers to General Revenue Fund.  
    (a) Except as otherwise provided in this Section and 
Section 8n of this Act, and
notwithstanding any other
State law 
to the contrary, the Governor


may, through June 30, 2007, 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 (i) 8% of the revenues to be 
deposited
into the fund during that fiscal year or (ii) an 
amount that leaves a remaining fund balance of 25% of the July 
1 fund balance of that fiscal year. In fiscal year 2005 only, 
prior to calculating the July 1, 2004 final balances, the 
Governor may calculate and direct the State Treasurer with the 
Comptroller to transfer additional amounts determined by 
applying the formula authorized in Public Act 93-839 to the 
funds balances on July 1, 2003.
No transfer may be made from a 
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 estimated to be expended for that 
fiscal year.  This Section does not apply to any
funds that are 
restricted by federal law to a specific use, to any funds in

the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the 
Hospital Provider Fund, the Medicaid Provider Relief Fund, the 
Teacher Health Insurance Security Fund, the Reviewing Court 
Alternative Dispute Resolution Fund, the Voters' Guide Fund, 
the Foreign Language Interpreter Fund, the Lawyers' Assistance 
Program Fund, the Supreme Court Federal Projects Fund, the 
Supreme Court Special State Projects Fund, the Supplemental 
Low-Income Energy Assistance Fund, the Good Samaritan Energy 
Trust Fund, the Low-Level Radioactive Waste Facility 
Development and Operation Fund, the Horse Racing Equity Trust 
Fund, the Metabolic Screening and Treatment Fund, or the 
Hospital Basic Services Preservation Fund, or to any
funds to 
which Section 70-50 of the Nurse Practice Act applies. No 
transfers may be made under this Section from the Pet 
Population Control Fund.   Notwithstanding any
other provision 
of this Section, for fiscal year 2004,
the total transfer under 
this Section from the Road Fund or the State
Construction 
Account Fund shall not exceed the lesser of (i) 5% of the 
revenues to be deposited
into the fund during that fiscal year 
or (ii) 25% of the beginning balance in the fund.
For fiscal 
year 2005 through fiscal year 2007, no amounts may be 
transferred under this Section from the Road Fund, the State 
Construction Account Fund, the Criminal Justice Information 
Systems Trust Fund, the Wireless Service Emergency Fund, or the 
Mandatory Arbitration Fund.

    In determining the available balance in a fund, the 
Governor


may include receipts, transfers into the fund, and 
other
resources anticipated to be available in the fund in that 
fiscal year.


    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 
Governor.


    (a-5) Transfers directed to be made under this Section on 
or before February 28, 2006 that are still pending on May 19, 
2006 (the effective date of Public Act 94-774) shall be 
redirected as provided in Section 8n of this Act.

    (b) This Section does not apply to: (i) the Ticket For The 
Cure Fund; (ii) any fund established under the Community Senior 
Services and Resources Act; or (iii) on or after January 1, 
2006 (the effective date of Public Act 94-511), the Child Labor 
and Day and Temporary Labor Enforcement Fund.
    (c) This Section does not apply to the Demutualization 
Trust Fund established under the Uniform Disposition of 
Unclaimed Property Act.

    (d) This Section does not apply to moneys set aside in the 
Illinois State Podiatric Disciplinary Fund for podiatric 
scholarships and residency programs under the Podiatric 
Scholarship and Residency Act.
    (e) Subsection (a) does not apply to, and no transfer may 
be made under this Section from, the Pension Stabilization 
Fund.

    (f) Subsection (a) does not apply to, and no transfer may 
be made under this Section from, the Illinois Power Agency 
Operations Fund, the Illinois Power Agency Facilities Fund, the 
Illinois Power Agency Debt Service Fund, and the Illinois Power 
Agency Trust Fund.

    (g)
 This Section does not apply to the Veterans Service 
Organization Reimbursement Fund.

    (h)
 This Section does not apply to the Supreme Court 
Historic Preservation Fund.

    (i) This Section does not apply to, and no transfer may be 
made under this Section from, the Money Follows the Person 
Budget Transfer Fund. 
(Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, 
eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 
94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 
11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, 
eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 
94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. 
8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, 
eff. 10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08; 
95-876, eff. 8-21-08.)

 
    Section 15. The Appellate Court Act is amended  by changing 
Section 3 as follows:
 



    (705 ILCS 25/3)  (from Ch. 37, par. 27)



    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

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 
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

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 Mandatory Arbitration Reviewing 
Court Alternative Dispute Resolution Fund.

    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.

(Source: P.A. 93-801, eff. 7-22-04.)

 
    Section 20. The Reviewing Court Alternative Dispute 
Resolution Act is amended  by changing Section 10 as follows:
 
    (710 ILCS 40/10)

    Sec. 10. Reviewing Court Alternative Dispute Resolution 
Fund; Mandatory Arbitration Fund. The Reviewing Court 
Alternative Dispute Resolution Fund is eliminated. The 
Comptroller shall order and the Treasurer shall transfer all 
moneys in the Fund on the effective date of this amendatory Act 
of the 96th General Assembly into the Mandatory Arbitration 
Fund. 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. Notwithstanding any other provision of this 
Section, the Reviewing Court Alternative Dispute Resolution 
Fund may be used for any other purpose authorized by the 
Supreme Court. 
(Source: P.A. 95-707, eff. 1-11-08.)