|
|
|
SB2757 Enrolled |
|
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 Enrolled |
- 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 and by changing Section 8h as follows: |
17 |
| (30 ILCS 105/5.625 new) |
18 |
| Sec. 5.625. The Reviewing Court Alternative Dispute |
19 |
| Resolution Fund. |
20 |
| (30 ILCS 105/8h)
|
21 |
| Sec. 8h. Transfers to General Revenue Fund. |
22 |
| Notwithstanding any other
State law to the contrary, the |
23 |
| Director of the
Governor's Office of Management and Budget
may |
24 |
| from time to time direct the State Treasurer and Comptroller to |
25 |
| transfer
a specified sum from any fund held by the State |
26 |
| Treasurer to the General
Revenue Fund in order to help defray |
27 |
| the State's operating costs for the
fiscal year. The total |
28 |
| transfer under this Section from any fund in any
fiscal year |
29 |
| shall not exceed the lesser of 8% of the revenues to be |
30 |
| deposited
into the fund during that year or 25% of the |
31 |
| beginning balance in the fund.
No transfer may be made from a |
|
|
|
SB2757 Enrolled |
- 3 - |
LRB093 18243 LCB 46228 b |
|
|
1 |
| fund under this Section that would have the
effect of reducing |
2 |
| the available balance in the fund to an amount less than
the |
3 |
| amount remaining unexpended and unreserved from the total |
4 |
| appropriation
from that fund for that fiscal year. This Section |
5 |
| does not apply to any
funds that are restricted by federal law |
6 |
| to a specific use or to any funds in
the Motor Fuel Tax Fund ,
or |
7 |
| the Hospital Provider Fund , or the Reviewing Court Alternative |
8 |
| Dispute Resolution Fund . Notwithstanding any
other provision |
9 |
| of this Section,
the total transfer under this Section from the |
10 |
| Road Fund or the State
Construction Account Fund shall not |
11 |
| exceed 5% of the revenues to be deposited
into the fund during |
12 |
| that year.
|
13 |
| In determining the available balance in a fund, the |
14 |
| Director of the
Governor's Office of Management and Budget
may |
15 |
| include receipts, transfers into the fund, and other
resources |
16 |
| anticipated to be available in the fund in that fiscal year.
|
17 |
| The State Treasurer and Comptroller shall transfer the |
18 |
| amounts designated
under this Section as soon as may be |
19 |
| practicable after receiving the direction
to transfer from the |
20 |
| Director of the Governor's Office of Management and
Budget.
|
21 |
| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04.)
|
22 |
| Section 80. The Appellate Court Act is amended by changing |
23 |
| Section 3 as follows:
|
24 |
| (705 ILCS 25/3) (from Ch. 37, par. 27)
|
25 |
| Sec. 3. Clerk's salary - destruction of records. The |
26 |
| ordinary and contingent
expenses of operating the offices of |
27 |
| the clerks of the branches of the Appellate
Court, including |
28 |
| salaries, shall be determined by the Supreme Court and
paid |
29 |
| from the State Treasury on the warrant of the Comptroller out |
30 |
| of appropriations
made for that purpose by the General |
31 |
| Assembly. The clerk of each branch
of the appellate court shall
|
32 |
| perform the duties usually devolving upon clerks of courts in |
33 |
| this
State, and shall provide books, stationery and seals for |
34 |
| the appellate
courts, and shall be entitled to receive the same |
|
|
|
SB2757 Enrolled |
- 4 - |
LRB093 18243 LCB 46228 b |
|
|
1 |
| fees for services in
each branch of the appellate court as are |
2 |
| allowed for like services in
the Supreme Court. All fees paid |
3 |
| to or received by any such clerk shall
be paid into the State |
4 |
| treasury as required by Section 2 of "An Act in
relation to the |
5 |
| payment and disposition of moneys received by officers
and |
6 |
| employees of the State of Illinois by virtue of their office or
|
7 |
| employment", approved June 9, 1911, as amended , except that any |
8 |
| filing fees designated by Supreme Court Rule for alternative |
9 |
| dispute resolution programs in the reviewing courts as provided |
10 |
| in the Reviewing Court Alternative Dispute Resolution Act |
11 |
| shall, within one month after receipt, be remitted to the State |
12 |
| Treasurer for deposit in the Reviewing Court Alternative |
13 |
| Dispute Resolution Fund .
|
14 |
| The clerks shall, on the order and under the direction of |
15 |
| the
court, destroy any or all the records certified by the |
16 |
| clerk (or a
judge) of a trial court in cases finally decided |
17 |
| more than 21 years
prior to the entry of the order.
|
18 |
| (Source: P.A. 83-294.)
|
19 |
| Section 85. The Lawyers' Assistance Program Act amended by |
20 |
| changing Sections 5 and 10 as follows:
|
21 |
| (705 ILCS 235/5)
|
22 |
| Sec. 5. Definition. For the purposes of this Act,
"lawyers' |
23 |
| assistance program" means a program operated by
a |
24 |
| not-for-profit corporation that is exempt from the payment of
|
25 |
| federal taxes under Section 501(c)(3) of the Internal Revenue |
26 |
| Code
and that provides services that may include the provision |
27 |
| of
information on addiction and mental health impairments, |
28 |
| referrals to
treatment programs, peer assistance, prevention |
29 |
| education,
interventions, relapse prevention, and monitoring |
30 |
| of compliance with
treatment programs for attorneys and law |
31 |
| students .
|
32 |
| (Source: P.A. 92-747, eff. 7-31-02.)
|
33 |
| (705 ILCS 235/10)
|