Full Text of HB3691 096th General Assembly
HB3691enr 96TH GENERAL ASSEMBLY
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HB3691 Enrolled |
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| AN ACT concerning finance.
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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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| (30 ILCS 105/5.630 rep.)
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| 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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| 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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| 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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| 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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HB3691 Enrolled |
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| 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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| 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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| 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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| (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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| (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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| 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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| (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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| (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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| (g)
This Section does not apply to the Veterans Service | 18 |
| Organization Reimbursement Fund.
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| (h)
This Section does not apply to the Supreme Court | 20 |
| Historic Preservation Fund.
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| (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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| 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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| Section 15. The Appellate Court Act is amended by changing | 8 |
| 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 | 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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| 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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HB3691 Enrolled |
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| 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 | 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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| 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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| (Source: P.A. 93-801, eff. 7-22-04.)
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| 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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| 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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HB3691 Enrolled |
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LRB096 07710 RCE 17811 b |
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| 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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