Full Text of SB2757 93rd General Assembly
SB2757eng 93RD GENERAL ASSEMBLY
|
|
|
SB2757 Engrossed |
|
LRB093 18243 LCB 46228 b |
|
| 1 |
| AN ACT concerning courts.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 1. Short title. This Act may be cited as the | 5 |
| Reviewing Court Alternative Dispute Resolution Act. | 6 |
| Section 5. Purpose. Conflict resolution techniques such as | 7 |
| mediation, settlement conferences, arbitration, and other | 8 |
| alternative forms of dispute resolution may reduce costs for | 9 |
| civil litigants and simplify issues and reduce caseloads in the | 10 |
| reviewing courts. The purpose of this Act is to facilitate the | 11 |
| funding of alternative dispute resolution programs in the | 12 |
| reviewing courts should the Supreme Court, in its discretion, | 13 |
| adopt rules to establish such programs in Illinois. | 14 |
| Section 10. Reviewing Court Alternative Dispute Resolution | 15 |
| Fund. The Reviewing Court Alternative Dispute Resolution Fund | 16 |
| is created as a special fund in the State Treasury. The Supreme | 17 |
| Court may designate an amount to be included in the filing fees | 18 |
| collected by the clerks of the Appellate Court for the funding | 19 |
| of alternative dispute resolution programs in the reviewing | 20 |
| courts. The portion of the filing fees designated for | 21 |
| alternative dispute resolution programs in the reviewing | 22 |
| courts shall be remitted within one month after receipt to the | 23 |
| State Treasurer for deposit in the Reviewing Court Alternative | 24 |
| Dispute Resolution Fund. All money in the Reviewing Court | 25 |
| Alternative Dispute Resolution Fund shall be maintained in | 26 |
| separate accounts for each Appellate Court district that has | 27 |
| established approved alternative dispute resolution programs | 28 |
| pursuant to Supreme Court rule and used, subject to | 29 |
| appropriation, by the Supreme Court solely for the purpose of | 30 |
| funding alternative dispute resolution programs in the | 31 |
| reviewing courts. |
|
|
|
SB2757 Engrossed |
- 2 - |
LRB093 18243 LCB 46228 b |
|
| 1 |
| Section 15. Alternative Dispute Resolution Programs in the | 2 |
| Reviewing Courts. The practice, procedure, and administration | 3 |
| of alternative dispute resolution programs in the reviewing | 4 |
| courts shall be as provided by Supreme Court rule. The Uniform | 5 |
| Arbitration Act, the Uniform Mediation Act, and other statutory | 6 |
| provisions relating to arbitration, mediation, or other forms | 7 |
| of alternative dispute resolution shall not be applicable to | 8 |
| any alternative dispute resolution program in the reviewing | 9 |
| courts, except as provided by Supreme Court rule. | 10 |
| Section 20. Expenses. The expenses of conducting | 11 |
| alternative dispute resolution programs in the reviewing | 12 |
| courts shall be determined by the Supreme Court and paid from | 13 |
| the State Treasury on the warrant of the Comptroller out of | 14 |
| appropriations made for that purpose by the General Assembly. | 15 |
| Section 70. The State Finance Act is amended by adding | 16 |
| Section 5.625 as follows: | 17 |
| (30 ILCS 105/5.625 new) | 18 |
| Sec. 5.625. The Reviewing Court Alternative Dispute | 19 |
| Resolution Fund. | 20 |
| Section 80. The Appellate Court Act is amended by changing | 21 |
| Section 3 as follows:
| 22 |
| (705 ILCS 25/3) (from Ch. 37, par. 27)
| 23 |
| Sec. 3. Clerk's salary - destruction of records. The | 24 |
| ordinary and contingent
expenses of operating the offices of | 25 |
| the clerks of the branches of the Appellate
Court, including | 26 |
| salaries, shall be determined by the Supreme Court and
paid | 27 |
| from the State Treasury on the warrant of the Comptroller out | 28 |
| of appropriations
made for that purpose by the General | 29 |
| Assembly. The clerk of each branch
of the appellate court shall
| 30 |
| perform the duties usually devolving upon clerks of courts in |
|
|
|
SB2757 Engrossed |
- 3 - |
LRB093 18243 LCB 46228 b |
|
| 1 |
| this
State, and shall provide books, stationery and seals for | 2 |
| the appellate
courts, and shall be entitled to receive the same | 3 |
| fees for services in
each branch of the appellate court as are | 4 |
| allowed for like services in
the Supreme Court. At the time of | 5 |
| filing a petition or record, the petitioner or appellant shall | 6 |
| pay to the Clerk of the Appellate Court the sum of $25, plus | 7 |
| the amount designated for alternative dispute resolution | 8 |
| programs in the reviewing courts as provided in the Reviewing | 9 |
| Court Alternative Dispute Resolution Act. The respondent or | 10 |
| appellee, before entering an appearance or filing any paper, | 11 |
| shall pay to the Clerk of the Appellate Court the sum of $15, | 12 |
| plus the amount designated for alternative dispute resolution | 13 |
| programs in the reviewing courts as provided in the Reviewing | 14 |
| Court Alternative Dispute Resolution Act. All fees paid to or | 15 |
| received by any such clerk shall
be paid into the State | 16 |
| treasury as required by Section 2 of "An Act in
relation to the | 17 |
| payment and disposition of moneys received by officers
and | 18 |
| employees of the State of Illinois by virtue of their office or
| 19 |
| employment", approved June 9, 1911, as amended , except that the | 20 |
| portion of filing fees designated for alternative dispute | 21 |
| resolution programs in the reviewing courts as provided in the | 22 |
| Reviewing Court Alternative Dispute Resolution Act shall, | 23 |
| within one month after receipt, be remitted to the State | 24 |
| Treasurer for deposit in the Reviewing Court Alternative | 25 |
| Dispute Resolution Fund .
| 26 |
| The clerks shall, on the order and under the direction of | 27 |
| the
court, destroy any or all the records certified by the | 28 |
| clerk (or a
judge) of a trial court in cases finally decided | 29 |
| more than 21 years
prior to the entry of the order.
| 30 |
| (Source: P.A. 83-294.)
| 31 |
| Section 85. The Lawyers' Assistance Program Act amended by | 32 |
| changing Sections 5 and 10 as follows:
| 33 |
| (705 ILCS 235/5)
| 34 |
| Sec. 5. Definition. For the purposes of this Act,
"lawyers' |
|
|
|
SB2757 Engrossed |
- 4 - |
LRB093 18243 LCB 46228 b |
|
| 1 |
| assistance program" means a program operated by
a | 2 |
| not-for-profit corporation that is exempt from the payment of
| 3 |
| federal taxes under Section 501(c)(3) of the Internal Revenue | 4 |
| Code
and that provides services that may include the provision | 5 |
| of
information on addiction and mental health impairments, | 6 |
| referrals to
treatment programs, peer assistance, prevention | 7 |
| education,
interventions, relapse prevention, and monitoring | 8 |
| of compliance with
treatment programs for attorneys and law | 9 |
| students .
| 10 |
| (Source: P.A. 92-747, eff. 7-31-02.)
| 11 |
| (705 ILCS 235/10)
| 12 |
| Sec. 10. Support for lawyers' assistance programs. The | 13 |
| Illinois Supreme Court may support programs that provide | 14 |
| assistance
to attorneys and law students who are addicted to or | 15 |
| abuse alcohol or other drugs or
who are in need of mental | 16 |
| health assistance.
| 17 |
| (Source: P.A. 92-747, eff. 7-31-02.)
| 18 |
| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
|
|