Public Act 095-0410
Public Act 0410 95TH GENERAL ASSEMBLY
|Public Act 095-0410
||LRB095 05135 AJO 25206 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Supreme Court Historic Preservation Act.
For the purpose of this Act:
"Commission" means the Supreme Court Historic Preservation
"Court" means the Illinois Supreme Court.
Supreme Court Historic Preservation
Commission; creation; commissioners; appointments; terms;
(a) The Supreme Court Historic Preservation Commission is
created within the Judicial Branch of State government.
(b) The Commission consists of 9 commissioners as follows:
(1) the Administrative Director of the Illinois Courts
shall serve as a commissioner ex officio;
(2) Two commissioners appointed by the Court, one of
whom shall be designated as the chairperson of the
Commission upon appointment;
(3) Two commissioners appointed by the Governor;
(4) Two commissioners appointed by the President of the
Senate, one of whom may not belong to the same political
party as the President; and
(5) Two commissioners appointed by the Speaker of the
House of Representatives, one of whom may not belong to the
same political party as the Speaker.
(c) The terms of the initial appointed commissioners shall
commence upon qualification. Each appointing authority shall
designate one appointee to serve for a 2-year term running
through June 30, 2009, and each appointing authority shall
designate one appointee to serve for a 4-year term running
through June 30, 2011. The commissioner designated as the
chairperson by the Court must be appointed for a 4-year term.
The initial appointments must be made within 60 days after the
effective date of this Act.
(d) After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the 4th following year.
Commissioners may be reappointed to one or more subsequent
(e) Vacancies occurring other than at the end of a term
shall be filled by the appointing
authority only for the
balance of the term of the commissioner whose office is vacant.
(f) Terms shall run regardless of whether the position is
(g) The members of the Commission shall receive no
compensation for their service, except for their actual
expenses while in the discharge of their official duties.
Commission policy, powers, and duties.
Commission shall assist and advise the Court in regard to the
acquisition, collection, documentation, preservation,
cataloging, and related matters with respect to historic
aspects of buildings, objects, artifacts, documents, and
information, regardless of form, relating to the Illinois
Supreme Court Historic Preservation Fund.
(a) The Supreme Court Historic Preservation Fund is created
as a special fund in the State treasury. Subject to
appropriation, the moneys in the Fund shall be used only by the
Commission as deemed appropriate for historic preservation and
related purposes, including the hiring of necessary staff.
(b) All moneys received by the Commission, including
without limitation, grants, gifts, donations, bequests, fees,
admissions, sales, and concessions, from any source, including
private, public, governmental, and individual, must be
deposited into the Fund. All interest that is attributable to
moneys in the Fund must be deposited into the Fund.
(c) On July 1, 2007, or as soon thereafter as may be
practical, the State Treasurer shall transfer the amount of
$5,000,000 from the General Revenue Fund to the Supreme Court
Historic Preservation Fund.
The Commission shall provide a
report of its fiscal and programmatic activities to the Court,
the Governor, and the General Assembly, on or before January
31, 2009, and annually thereafter.
The State Finance Act is amended by adding
Section 5.675 and by changing Section 8h as follows:
(30 ILCS 105/5.675 new)
The Supreme Court Historic Preservation Fund.
(30 ILCS 105/8h)
Transfers to General Revenue Fund.
(a) Except as otherwise provided in this Section and
Section 8n of this Act, and
(c), (d), or (e),
State law to the contrary, the Governor
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
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, 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
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, or the Hospital Basic Services Preservation
Fund, or to any
funds to which subsection (f) of Section 20-40
of the Nursing and Advanced Practice Nursing Act applies. No
transfers may be made under this Section from the Pet
Population Control Fund. Notwithstanding any
of this Section, for fiscal year 2004,
the total transfer under
this Section from the Road Fund or the State
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.
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
may include receipts, transfers into the fund, and
resources anticipated to be available in the fund in that
The State Treasurer and Comptroller shall transfer the
under this Section as soon as may be
practicable after receiving the direction
to transfer from the
(a-5) Transfers directed to be made under this Section on
or before February 28, 2006 that are still pending on
the effective date of
Public Act 94-774)
Act of the 94th General Assembly
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
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
(f) This Section does not apply to the Supreme Court
Historic Preservation Fund.
(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
1-15-05; 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. 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; revised 6-19-06.)
The Attorney Act is amended by changing Section
1 as follows:
(705 ILCS 205/1)
(from Ch. 13, par. 1)
No person shall be permitted to practice as an
counselor at law within this State without having
previously obtained a
license for that purpose from the Supreme
Court of this State.
No person shall receive any compensation directly or
indirectly for any
legal services other than a regularly
licensed attorney, nor may an unlicensed person advertise or
hold himself or herself out to provide legal services.
A license, as provided for herein, constitutes the person
same an attorney and counselor at law, according
to the law and customs
thereof, for and during his good
behavior in the practice and authorizes
him to demand and
receive fees for any services which he may render as an
attorney and counselor at law in this State. No person shall be
a license or renewal authorized by this Act who has
defaulted on an
educational loan guaranteed by the Illinois
Student Assistance Commission;
however, a license or renewal
may be issued to the aforementioned persons
established a satisfactory repayment record as determined by
Illinois Student Assistance Commission.
No person shall be
granted a license or renewal authorized by this Act who is
than 30 days delinquent in complying with a child support
order; a license
or renewal may be issued, however, if the
established a satisfactory repayment record as
determined (i) by the
Department of Healthcare and Family
Department of Public Aid
being enforced under Article X of the
Illinois Public Aid Code
or (ii) in all other cases by order of court or by
agreement between the custodial parent and non-custodial
No person shall be refused a license under this Act on
account of sex.
Any person practicing, charging or receiving fees for legal
or advertising or holding himself or herself out to
provide legal services within this State, either directly or
indirectly, without being licensed to
practice as herein
required, is guilty of contempt of court and shall be
accordingly, upon complaint being filed in any Circuit Court of
The remedies available include, but are not limited
to: (i) appropriate equitable relief; (ii) a civil penalty not
to exceed $5,000, which shall be paid to the Illinois Equal
Justice Foundation; and (iii) actual damages.
shall be conducted in the Courts of the
where the alleged contempt has been committed in the
manner as in cases of indirect contempt and with the right of
by the parties thereto.
The provisions of this Act shall be in addition to other
permitted by law and shall not be construed to deprive
courts of this State
of their inherent right to punish for
contempt or to restrain the
unauthorized practice of law.
Nothing in this Act shall be construed to conflict with,
amend, or modify Section 5 of the Corporation Practice of Law
Prohibition Act or prohibit representation of a
party by a
person who is not an attorney in a proceeding before either
of the Illinois Labor Relations Board under the Illinois
Public Labor Relations Act, as now or
hereafter amended, the
Illinois Educational Labor Relations Board under the
Educational Labor Relations Act, as now or hereafter amended,
State Civil Service Commission, the local Civil Service
Commissions, or the
University Civil Service Merit Board, to
the extent allowed pursuant to
rules and regulations
promulgated by those Boards and Commissions or the giving of
information, training, or advocacy or assistance in any
meetings or administrative proceedings held pursuant to the
federal Individuals with Disabilities Education Act, the
federal Rehabilitation Act of 1973, the federal Americans with
Disabilities Act of 1990, or the federal Social Security Act,
to the extent allowed by those laws or the federal regulations
or State statutes implementing those laws.
(Source: P.A. 94-659, eff. 1-1-06; revised 12-15-05.)
This Act takes effect upon
Effective Date: 8/24/2007