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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | (30 ILCS 105/5.630 rep.)
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5 | Section 5. The State Finance Act is amended by repealing | ||||||
6 | Section 5.630. | ||||||
7 | Section 10. The State Finance Act is amended by changing | ||||||
8 | Section 8h as follows: | ||||||
9 | (30 ILCS 105/8h)
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10 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
11 | (a) Except as otherwise provided in this Section and | ||||||
12 | Section 8n of this Act, and
notwithstanding any other
State law | ||||||
13 | to the contrary, the Governor
may, through June 30, 2007, from | ||||||
14 | time to time direct the State Treasurer and Comptroller to | ||||||
15 | transfer
a specified sum from any fund held by the State | ||||||
16 | Treasurer to the General
Revenue Fund in order to help defray | ||||||
17 | the State's operating costs for the
fiscal year. The total | ||||||
18 | transfer under this Section from any fund in any
fiscal year | ||||||
19 | shall not exceed the lesser of (i) 8% of the revenues to be | ||||||
20 | deposited
into the fund during that fiscal year or (ii) an | ||||||
21 | amount that leaves a remaining fund balance of 25% of the July | ||||||
22 | 1 fund balance of that fiscal year. In fiscal year 2005 only, |
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1 | prior to calculating the July 1, 2004 final balances, the | ||||||
2 | Governor may calculate and direct the State Treasurer with the | ||||||
3 | Comptroller to transfer additional amounts determined by | ||||||
4 | applying the formula authorized in Public Act 93-839 to the | ||||||
5 | funds balances on July 1, 2003.
No transfer may be made from a | ||||||
6 | fund under this Section that would have the
effect of reducing | ||||||
7 | the available balance in the fund to an amount less than
the | ||||||
8 | amount remaining unexpended and unreserved from the total | ||||||
9 | appropriation
from that fund estimated to be expended for that | ||||||
10 | fiscal year. This Section does not apply to any
funds that are | ||||||
11 | restricted by federal law to a specific use, to any funds in
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12 | the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the | ||||||
13 | Hospital Provider Fund, the Medicaid Provider Relief Fund, the | ||||||
14 | Teacher Health Insurance Security Fund, the Reviewing Court | ||||||
15 | Alternative Dispute Resolution Fund, the Voters' Guide Fund, | ||||||
16 | the Foreign Language Interpreter Fund, the Lawyers' Assistance | ||||||
17 | Program Fund, the Supreme Court Federal Projects Fund, the | ||||||
18 | Supreme Court Special State Projects Fund, the Supplemental | ||||||
19 | Low-Income Energy Assistance Fund, the Good Samaritan Energy | ||||||
20 | Trust Fund, the Low-Level Radioactive Waste Facility | ||||||
21 | Development and Operation Fund, the Horse Racing Equity Trust | ||||||
22 | Fund, the Metabolic Screening and Treatment Fund, or the | ||||||
23 | Hospital Basic Services Preservation Fund, or to any
funds to | ||||||
24 | which Section 70-50 of the Nurse Practice Act applies. No | ||||||
25 | transfers may be made under this Section from the Pet | ||||||
26 | Population Control Fund. Notwithstanding any
other provision |
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1 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
2 | this Section from the Road Fund or the State
Construction | ||||||
3 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
4 | revenues to be deposited
into the fund during that fiscal year | ||||||
5 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
6 | year 2005 through fiscal year 2007, no amounts may be | ||||||
7 | transferred under this Section from the Road Fund, the State | ||||||
8 | Construction Account Fund, the Criminal Justice Information | ||||||
9 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
10 | Mandatory Arbitration Fund.
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11 | In determining the available balance in a fund, the | ||||||
12 | Governor
may include receipts, transfers into the fund, and | ||||||
13 | other
resources anticipated to be available in the fund in that | ||||||
14 | fiscal year.
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15 | The State Treasurer and Comptroller shall transfer the | ||||||
16 | amounts designated
under this Section as soon as may be | ||||||
17 | practicable after receiving the direction
to transfer from the | ||||||
18 | Governor.
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19 | (a-5) Transfers directed to be made under this Section on | ||||||
20 | or before February 28, 2006 that are still pending on May 19, | ||||||
21 | 2006 (the effective date of Public Act 94-774) shall be | ||||||
22 | redirected as provided in Section 8n of this Act.
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23 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
24 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
25 | Services and Resources Act; or (iii) on or after January 1, | ||||||
26 | 2006 (the effective date of Public Act 94-511), the Child Labor |
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1 | and Day and Temporary Labor Enforcement Fund. | ||||||
2 | (c) This Section does not apply to the Demutualization | ||||||
3 | Trust Fund established under the Uniform Disposition of | ||||||
4 | Unclaimed Property Act.
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5 | (d) This Section does not apply to moneys set aside in the | ||||||
6 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
7 | scholarships and residency programs under the Podiatric | ||||||
8 | Scholarship and Residency Act. | ||||||
9 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
10 | be made under this Section from, the Pension Stabilization | ||||||
11 | Fund.
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12 | (f) Subsection (a) does not apply to, and no transfer may | ||||||
13 | be made under this Section from, the Illinois Power Agency | ||||||
14 | Operations Fund, the Illinois Power Agency Facilities Fund, the | ||||||
15 | Illinois Power Agency Debt Service Fund, and the Illinois Power | ||||||
16 | Agency Trust Fund.
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17 | (g)
This Section does not apply to the Veterans Service | ||||||
18 | Organization Reimbursement Fund.
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19 | (h)
This Section does not apply to the Supreme Court | ||||||
20 | Historic Preservation Fund.
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21 | (i) This Section does not apply to, and no transfer may be | ||||||
22 | made under this Section from, the Money Follows the Person | ||||||
23 | Budget Transfer Fund. | ||||||
24 | (Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, | ||||||
25 | eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; | ||||||
26 | 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. |
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1 | 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, | ||||||
2 | eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; | ||||||
3 | 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. | ||||||
4 | 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, | ||||||
5 | eff. 10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08; | ||||||
6 | 95-876, eff. 8-21-08.)
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7 | Section 15. The Appellate Court Act is amended by changing | ||||||
8 | Section 3 as follows:
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9 | (705 ILCS 25/3) (from Ch. 37, par. 27)
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10 | Sec. 3. Clerk's salary - destruction of records. The | ||||||
11 | ordinary and contingent
expenses of operating the offices of | ||||||
12 | the clerks of the branches of the Appellate
Court, including | ||||||
13 | salaries, shall be determined by the Supreme Court and
paid | ||||||
14 | from the State Treasury on the warrant of the Comptroller out | ||||||
15 | of appropriations
made for that purpose by the General | ||||||
16 | Assembly. The clerk of each branch
of the appellate court shall
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17 | perform the duties usually devolving upon clerks of courts in | ||||||
18 | this
State, and shall provide books, stationery and seals for | ||||||
19 | the appellate
courts, and shall be entitled to receive the same | ||||||
20 | fees for services in
each branch of the appellate court as are | ||||||
21 | allowed for like services in
the Supreme Court. All fees paid | ||||||
22 | to or received by any such clerk shall
be paid into the State | ||||||
23 | treasury as required by Section 2 of "An Act in
relation to the | ||||||
24 | payment and disposition of moneys received by officers
and |
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1 | employees of the State of Illinois by virtue of their office or
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2 | employment", approved June 9, 1911, as amended, except that any | ||||||
3 | filing fees designated by Supreme Court Rule for alternative | ||||||
4 | dispute resolution programs in the reviewing courts as provided | ||||||
5 | in the Reviewing Court Alternative Dispute Resolution Act | ||||||
6 | shall, within one month after receipt, be remitted to the State | ||||||
7 | Treasurer for deposit in the Mandatory Arbitration Reviewing | ||||||
8 | Court Alternative Dispute Resolution Fund.
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9 | The clerks shall, on the order and under the direction of | ||||||
10 | the
court, destroy any or all the records certified by the | ||||||
11 | clerk (or a
judge) of a trial court in cases finally decided | ||||||
12 | more than 21 years
prior to the entry of the order.
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13 | (Source: P.A. 93-801, eff. 7-22-04.)
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14 | Section 20. The Reviewing Court Alternative Dispute | ||||||
15 | Resolution Act is amended by changing Section 10 as follows: | ||||||
16 | (710 ILCS 40/10)
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17 | Sec. 10. Reviewing Court Alternative Dispute Resolution | ||||||
18 | Fund ; Mandatory Arbitration Fund . The Reviewing Court | ||||||
19 | Alternative Dispute Resolution Fund is eliminated. The | ||||||
20 | Comptroller shall order and the Treasurer shall transfer all | ||||||
21 | moneys in the Fund on the effective date of this amendatory Act | ||||||
22 | of the 96th General Assembly into the Mandatory Arbitration | ||||||
23 | Fund. created as a special fund in the State Treasury. The | ||||||
24 | Supreme Court may designate an amount to be included in the |
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1 | filing fees collected by the clerks of the Appellate Court for | ||||||
2 | the funding of alternative dispute resolution programs in the | ||||||
3 | reviewing courts. The portion of the filing fees designated for | ||||||
4 | alternative dispute resolution programs in the reviewing | ||||||
5 | courts shall be remitted within one month after receipt to the | ||||||
6 | State Treasurer for deposit in the Reviewing Court Alternative | ||||||
7 | Dispute Resolution Fund. All money in the Reviewing Court | ||||||
8 | Alternative Dispute Resolution Fund shall be maintained in | ||||||
9 | separate accounts for each Appellate Court district that has | ||||||
10 | established approved alternative dispute resolution programs | ||||||
11 | pursuant to Supreme Court rule and used, subject to | ||||||
12 | appropriation, by the Supreme Court solely for the purpose of | ||||||
13 | funding alternative dispute resolution programs in the | ||||||
14 | reviewing courts. Notwithstanding any other provision of this | ||||||
15 | Section, the Reviewing Court Alternative Dispute Resolution | ||||||
16 | Fund may be used for any other purpose authorized by the | ||||||
17 | Supreme Court. | ||||||
18 | (Source: P.A. 95-707, eff. 1-11-08.)
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