Full Text of HB2377 095th General Assembly
HB2377eng 95TH 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, | 3 |
| represented in the General Assembly:
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| Section 1. Short Title. This Act may be cited as the | 5 |
| Supreme Court Historic Preservation Act. | 6 |
| Section 5. Definitions. For the purpose of this Act: | 7 |
| "Commission" means the Supreme Court Historic Preservation | 8 |
| Commission. | 9 |
| "Court" means the Illinois Supreme Court. | 10 |
| Section 10. Supreme Court Historic Preservation | 11 |
| Commission; creation; commissioners; appointments; terms; | 12 |
| compensation. | 13 |
| (a) The Supreme Court Historic Preservation Commission is | 14 |
| created within the Judicial Branch of State government. | 15 |
| (b) The Commission consists of 9 commissioners as follows: | 16 |
| (1) the Administrative Director of the Illinois Courts | 17 |
| shall serve as a commissioner ex officio; | 18 |
| (2) Two commissioners appointed by the Court, one of | 19 |
| whom shall be designated as the chairperson of the | 20 |
| Commission upon appointment; | 21 |
| (3) Two commissioners appointed by the Governor; | 22 |
| (4) Two commissioners appointed by the President of the |
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| Senate, one of whom may not belong to the same political | 2 |
| party as the President; and | 3 |
| (5) Two commissioners appointed by the Speaker of the | 4 |
| House of Representatives, one of whom may not belong to the | 5 |
| same political party as the Speaker. | 6 |
| (c) The terms of the initial appointed commissioners shall | 7 |
| commence upon qualification. Each appointing authority shall | 8 |
| designate one appointee to serve for a 2-year term running | 9 |
| through June 30, 2009, and each appointing authority shall | 10 |
| designate one appointee to serve for a 4-year term running | 11 |
| through June 30, 2011. The commissioner designated as the | 12 |
| chairperson by the Court must be appointed for a 4-year term. | 13 |
| The initial appointments must be made within 60 days after the | 14 |
| effective date of this Act. | 15 |
| (d) After the initial terms, commissioners shall serve for | 16 |
| 4-year terms commencing on July 1 of the year of appointment | 17 |
| and running through June 30 of the 4th following year. | 18 |
| Commissioners may be reappointed to one or more subsequent | 19 |
| terms. | 20 |
| (e) Vacancies occurring other than at the end of a term | 21 |
| shall be filled by the appointing
authority only for the | 22 |
| balance of the term of the commissioner whose office is vacant. | 23 |
| (f) Terms shall run regardless of whether the position is | 24 |
| filled. | 25 |
| (g) The members of the Commission shall receive no | 26 |
| compensation for their service, except for their actual |
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| expenses while in the discharge of their official duties. | 2 |
| Section 15. Commission policy, powers, and duties. The | 3 |
| Commission shall assist and advise the Court in regard to the | 4 |
| acquisition, collection, documentation, preservation, | 5 |
| cataloging, and related matters with respect to historic | 6 |
| aspects of buildings, objects, artifacts, documents, and | 7 |
| information, regardless of form, relating to the Illinois | 8 |
| judiciary. | 9 |
| Section 20. Supreme Court Historic Preservation Fund. | 10 |
| (a) The Supreme Court Historic Preservation Fund is created | 11 |
| as a special fund in the State treasury. Subject to | 12 |
| appropriation, the moneys in the Fund shall be used only by the | 13 |
| Commission as deemed appropriate for historic preservation and | 14 |
| related purposes, including the hiring of necessary staff. | 15 |
| (b) All moneys received by the Commission, including | 16 |
| without limitation, grants, gifts, donations, bequests, fees, | 17 |
| admissions, sales, and concessions, from any source, including | 18 |
| private, public, governmental, and individual, must be | 19 |
| deposited into the Fund. All interest that is attributable to | 20 |
| moneys in the Fund must be deposited into the Fund. | 21 |
| (c) On July 1, 2007, or as soon thereafter as may be | 22 |
| practical, the State Treasurer shall transfer the amount of | 23 |
| $5,000,000 from the General Revenue Fund to the Supreme Court | 24 |
| Historic Preservation Fund. |
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| Section 25. Annual report. The Commission shall provide a | 2 |
| report of its fiscal and programmatic activities to the Court, | 3 |
| the Governor, and the General Assembly, on or before January | 4 |
| 31, 2009, and annually thereafter. | 5 |
| Section 90. The State Finance Act is amended by adding | 6 |
| Section 5.675 and by changing Section 8h as follows: | 7 |
| (30 ILCS 105/5.675 new) | 8 |
| Sec. 5.675. The Supreme Court Historic Preservation Fund. | 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 (c), (d), or (e),
notwithstanding | 13 |
| any other
State law to the contrary, the Governor
may, through | 14 |
| June 30, 2007, from time to time direct the State Treasurer and | 15 |
| Comptroller to transfer
a specified sum from any fund held by | 16 |
| the State Treasurer to the General
Revenue Fund in order to | 17 |
| help defray the State's operating costs for the
fiscal year. | 18 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 20 |
| revenues to be deposited
into the fund during that fiscal year | 21 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 22 |
| of the July 1 fund balance of that fiscal year. In fiscal year |
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| 2005 only, prior to calculating the July 1, 2004 final | 2 |
| balances, the Governor may calculate and direct the State | 3 |
| Treasurer with the Comptroller to transfer additional amounts | 4 |
| determined by applying the formula authorized in Public Act | 5 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 6 |
| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 8 |
| amount less than
the amount remaining unexpended and unreserved | 9 |
| from the total appropriation
from that fund estimated to be | 10 |
| expended for that fiscal year. This Section does not apply to | 11 |
| any
funds that are restricted by federal law to a specific use, | 12 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity | 13 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | 14 |
| Provider Relief Fund, the Teacher Health Insurance Security | 15 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, | 16 |
| the Voters' Guide Fund, the Foreign Language Interpreter Fund, | 17 |
| the Lawyers' Assistance Program Fund, the Supreme Court Federal | 18 |
| Projects Fund, the Supreme Court Special State Projects Fund, | 19 |
| the Supplemental Low-Income Energy Assistance Fund, the Good | 20 |
| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | 21 |
| Facility Development and Operation Fund, the Horse Racing | 22 |
| Equity Trust Fund, or the Hospital Basic Services Preservation | 23 |
| Fund, or to any
funds to which subsection (f) of Section 20-40 | 24 |
| of the Nursing and Advanced Practice Nursing 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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| 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)
this amendatory | 22 |
| Act of the 94th General Assembly shall be redirected as | 23 |
| provided in Section 8n of this Act.
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| (b) This Section does not apply to: (i) the Ticket For The | 25 |
| Cure Fund; (ii) any fund established under the Community Senior | 26 |
| Services and Resources Act; or (iii) on or after January 1, |
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| 2006 (the effective date of Public Act 94-511), the Child Labor | 2 |
| and Day and Temporary Labor Enforcement Fund. | 3 |
| (c) This Section does not apply to the Demutualization | 4 |
| Trust Fund established under the Uniform Disposition of | 5 |
| Unclaimed Property Act.
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| (d) This Section does not apply to moneys set aside in the | 7 |
| Illinois State Podiatric Disciplinary Fund for podiatric | 8 |
| scholarships and residency programs under the Podiatric | 9 |
| Scholarship and Residency Act. | 10 |
| (e) Subsection (a) does not apply to, and no transfer may | 11 |
| be made under this Section from, the Pension Stabilization | 12 |
| Fund.
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| (f) This Section does not apply to the Supreme Court | 14 |
| Historic Preservation Fund.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 16 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 17 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 18 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | 19 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 20 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | 21 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | 22 |
| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | 23 |
| eff. 6-6-06; revised 6-19-06.)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law. |
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