|
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 |
terms. |
(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 |
filled. |
(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.
|
Section 15. Commission policy, powers, and duties. The |
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 |
judiciary.
|
Section 20. 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.
|
|
Section 25. Annual report. 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.
|
Section 90. The State Finance Act is amended by adding |
Section 5.675 and by changing Section 8h as follows:
|
(30 ILCS 105/5.675 new) |
Sec. 5.675. The Supreme Court Historic Preservation Fund.
|
(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 (c), (d), or (e),
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, 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, 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
other provision |
|
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)
this amendatory |
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 |
Fund.
|
(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.)
|
Section 95. The Attorney Act is amended by changing Section |
1 as follows:
|
|
(705 ILCS 205/1) (from Ch. 13, par. 1)
|
Sec. 1. No person shall be permitted to practice as an |
attorney or
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 |
receiving the
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 |
granted
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
who have |
established a satisfactory repayment record as determined by |
the
Illinois Student Assistance Commission.
No person shall be |
granted a license or renewal authorized by this Act who is
more |
than 30 days delinquent in complying with a child support |
order; a license
or renewal may be issued, however, if the |
person has
established a satisfactory repayment record as |
|
determined (i) by the Department of Healthcare and Family |
Services (formerly Illinois
Department of Public Aid) for cases |
being enforced under Article X of the
Illinois Public Aid Code |
or (ii) in all other cases by order of court or by
written |
agreement between the custodial parent and non-custodial |
parent.
No person shall be refused a license under this Act on |
account of sex.
|
Any person practicing, charging or receiving fees for legal |
services
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
punished |
accordingly, upon complaint being filed in any Circuit Court of
|
this State. 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. Such proceedings |
shall be conducted in the Courts of the
respective counties |
where the alleged contempt has been committed in the
same |
manner as in cases of indirect contempt and with the right of |
review
by the parties thereto.
|
The provisions of this Act shall be in addition to other |
remedies
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 |
panel
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
Illinois |
Educational Labor Relations Act, as now or hereafter amended, |
the
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.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|