Full Text of SB2757 93rd General Assembly
SB2757enr 93RD GENERAL ASSEMBLY
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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 | 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. |
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| 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)
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| 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 |
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| 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.
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| 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.
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| 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.
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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 | 23 |
| 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 | 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
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| 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 |
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| 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
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| 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 .
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| 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.
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| (Source: P.A. 83-294.)
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| Section 85. The Lawyers' Assistance Program Act amended by | 20 |
| 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' | 23 |
| assistance program" means a program operated by
a | 24 |
| 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 | 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 .
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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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| Sec. 10. Support for lawyers' assistance programs. The | 2 |
| Illinois Supreme Court may support programs that provide | 3 |
| assistance
to attorneys and law students who are addicted to or | 4 |
| abuse alcohol or other drugs or
who are in need of mental | 5 |
| health assistance.
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| (Source: P.A. 92-747, eff. 7-31-02.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
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