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1		AN ACT concerning finance.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		(30 ILCS 105/5.630 rep.)
5		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)
10		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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1		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
12		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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1		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.
11		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.
15		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.
19		(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.
23		(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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1		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.
5		(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.
12		(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.
17		(g) This Section does not apply to the Veterans Service
18		Organization Reimbursement Fund.
19		(h) This Section does not apply to the Supreme Court
20		Historic Preservation Fund.
21		(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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1		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.)
7		Section 15. The Appellate Court Act is amended by changing
8		Section 3 as follows:
9		(705 ILCS 25/3) (from Ch. 37, par. 27)
10		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
17		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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1		employees of the State of Illinois by virtue of their office or
2		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.
9		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.
13		(Source: P.A. 93-801, eff. 7-22-04.)
14		Section 20. The Reviewing Court Alternative Dispute
15		Resolution Act is amended by changing Section 10 as follows:
16		(710 ILCS 40/10)
17		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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1		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.)