Bill Text: IL HB3691 | 2009-2010 | 96th General Assembly | Enrolled

---

Bill Title: Amends the State Finance Act, Appellate Court Act, and Reviewing Court Alternative Dispute Resolution Act. Eliminates the Reviewing Court Alternative Dispute Resolution Fund. Provides that any balance in the Fund shall be transferred into the Mandatory Arbitration Fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0302 [HB3691 Detail]

Download: Illinois-2009-HB3691-Enrolled.html

---

HB3691 Enrolled LRB096 07710 RCE 17811 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
(30 ILCS 105/5.630 rep.)
Section 5. The State Finance Act is amended by repealing
Section 5.630.
Section 10. The State Finance Act is amended by changing
Section 8h as follows:
(30 ILCS 105/8h)
Sec. 8h. Transfers to General Revenue Fund.
(a) Except as otherwise provided in this Section and
Section 8n of this Act, and notwithstanding any other State law
to the contrary, the Governor may, through June 30, 2007, from
time to time direct the State Treasurer and Comptroller to
transfer a specified sum from any fund held by the State
Treasurer to the General Revenue Fund in order to help defray
the State's operating costs for the fiscal year. The total
transfer under this Section from any fund in any fiscal year
shall not exceed the lesser of (i) 8% of the revenues to be
deposited into the fund during that fiscal year or (ii) an
amount that leaves a remaining fund balance of 25% of the July
1 fund balance of that fiscal year. In fiscal year 2005 only,

HB3691 Enrolled - 2 - LRB096 07710 RCE 17811 b
prior to calculating the July 1, 2004 final balances, the
Governor may calculate and direct the State Treasurer with the
Comptroller to transfer additional amounts determined by
applying the formula authorized in Public Act 93-839 to the
funds balances on July 1, 2003. No transfer may be made from a
fund under this Section that would have the effect of reducing
the available balance in the fund to an amount less than the
amount remaining unexpended and unreserved from the total
appropriation from that fund estimated to be expended for that
fiscal year. This Section does not apply to any funds that are
restricted by federal law to a specific use, to any funds in
the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the
Hospital Provider Fund, the Medicaid Provider Relief Fund, the
Teacher Health Insurance Security Fund, the Reviewing Court
Alternative Dispute Resolution Fund, the Voters' Guide Fund,
the Foreign Language Interpreter Fund, the Lawyers' Assistance
Program Fund, the Supreme Court Federal Projects Fund, the
Supreme Court Special State Projects Fund, the Supplemental
Low-Income Energy Assistance Fund, the Good Samaritan Energy
Trust Fund, the Low-Level Radioactive Waste Facility
Development and Operation Fund, the Horse Racing Equity Trust
Fund, the Metabolic Screening and Treatment Fund, or the
Hospital Basic Services Preservation Fund, or to any funds to
which Section 70-50 of the Nurse Practice Act applies. No
transfers may be made under this Section from the Pet
Population Control Fund. Notwithstanding any other provision

HB3691 Enrolled - 3 - LRB096 07710 RCE 17811 b
of this Section, for fiscal year 2004, the total transfer under
this Section from the Road Fund or the State Construction
Account Fund shall not exceed the lesser of (i) 5% of the
revenues to be deposited into the fund during that fiscal year
or (ii) 25% of the beginning balance in the fund. For fiscal
year 2005 through fiscal year 2007, no amounts may be
transferred under this Section from the Road Fund, the State
Construction Account Fund, the Criminal Justice Information
Systems Trust Fund, the Wireless Service Emergency Fund, or the
Mandatory Arbitration Fund.
In determining the available balance in a fund, the
Governor may include receipts, transfers into the fund, and
other resources anticipated to be available in the fund in that
fiscal year.
The State Treasurer and Comptroller shall transfer the
amounts designated under this Section as soon as may be
practicable after receiving the direction to transfer from the
Governor.
(a-5) Transfers directed to be made under this Section on
or before February 28, 2006 that are still pending on May 19,
2006 (the effective date of Public Act 94-774) shall be
redirected as provided in Section 8n of this Act.
(b) This Section does not apply to: (i) the Ticket For The
Cure Fund; (ii) any fund established under the Community Senior
Services and Resources Act; or (iii) on or after January 1,
2006 (the effective date of Public Act 94-511), the Child Labor

HB3691 Enrolled - 4 - LRB096 07710 RCE 17811 b
and Day and Temporary Labor Enforcement Fund.
(c) This Section does not apply to the Demutualization
Trust Fund established under the Uniform Disposition of
Unclaimed Property Act.
(d) This Section does not apply to moneys set aside in the
Illinois State Podiatric Disciplinary Fund for podiatric
scholarships and residency programs under the Podiatric
Scholarship and Residency Act.
(e) Subsection (a) does not apply to, and no transfer may
be made under this Section from, the Pension Stabilization
Fund.
(f) Subsection (a) does not apply to, and no transfer may
be made under this Section from, the Illinois Power Agency
Operations Fund, the Illinois Power Agency Facilities Fund, the
Illinois Power Agency Debt Service Fund, and the Illinois Power
Agency Trust Fund.
(g) This Section does not apply to the Veterans Service
Organization Reimbursement Fund.
(h) This Section does not apply to the Supreme Court
Historic Preservation Fund.
(i) This Section does not apply to, and no transfer may be
made under this Section from, the Money Follows the Person
Budget Transfer Fund.
(Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511,
eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05;
94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff.

HB3691 Enrolled - 5 - LRB096 07710 RCE 17811 b
11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773,
eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06;
94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff.
8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639,
eff. 10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08;
95-876, eff. 8-21-08.)
Section 15. The Appellate Court Act is amended by changing
Section 3 as follows:
(705 ILCS 25/3) (from Ch. 37, par. 27)
Sec. 3. Clerk's salary - destruction of records. The
ordinary and contingent expenses of operating the offices of
the clerks of the branches of the Appellate Court, including
salaries, shall be determined by the Supreme Court and paid
from the State Treasury on the warrant of the Comptroller out
of appropriations made for that purpose by the General
Assembly. The clerk of each branch of the appellate court shall
perform the duties usually devolving upon clerks of courts in
this State, and shall provide books, stationery and seals for
the appellate courts, and shall be entitled to receive the same
fees for services in each branch of the appellate court as are
allowed for like services in the Supreme Court. All fees paid
to or received by any such clerk shall be paid into the State
treasury as required by Section 2 of "An Act in relation to the
payment and disposition of moneys received by officers and

HB3691 Enrolled - 6 - LRB096 07710 RCE 17811 b
employees of the State of Illinois by virtue of their office or
employment", approved June 9, 1911, as amended, except that any
filing fees designated by Supreme Court Rule for alternative
dispute resolution programs in the reviewing courts as provided
in the Reviewing Court Alternative Dispute Resolution Act
shall, within one month after receipt, be remitted to the State
Treasurer for deposit in the Mandatory Arbitration Reviewing
Court Alternative Dispute Resolution Fund.
The clerks shall, on the order and under the direction of
the court, destroy any or all the records certified by the
clerk (or a judge) of a trial court in cases finally decided
more than 21 years prior to the entry of the order.
(Source: P.A. 93-801, eff. 7-22-04.)
Section 20. The Reviewing Court Alternative Dispute
Resolution Act is amended by changing Section 10 as follows:
(710 ILCS 40/10)
Sec. 10. Reviewing Court Alternative Dispute Resolution
Fund; Mandatory Arbitration Fund. The Reviewing Court
Alternative Dispute Resolution Fund is eliminated. The
Comptroller shall order and the Treasurer shall transfer all
moneys in the Fund on the effective date of this amendatory Act
of the 96th General Assembly into the Mandatory Arbitration
Fund. created as a special fund in the State Treasury. The
Supreme Court may designate an amount to be included in the

HB3691 Enrolled - 7 - LRB096 07710 RCE 17811 b
filing fees collected by the clerks of the Appellate Court for
the funding of alternative dispute resolution programs in the
reviewing courts. The portion of the filing fees designated for
alternative dispute resolution programs in the reviewing
courts shall be remitted within one month after receipt to the
State Treasurer for deposit in the Reviewing Court Alternative
Dispute Resolution Fund. All money in the Reviewing Court
Alternative Dispute Resolution Fund shall be maintained in
separate accounts for each Appellate Court district that has
established approved alternative dispute resolution programs
pursuant to Supreme Court rule and used, subject to
appropriation, by the Supreme Court solely for the purpose of
funding alternative dispute resolution programs in the
reviewing courts. Notwithstanding any other provision of this
Section, the Reviewing Court Alternative Dispute Resolution
Fund may be used for any other purpose authorized by the
Supreme Court.
(Source: P.A. 95-707, eff. 1-11-08.)