Full Text of SB1768 98th General Assembly
SB1768sam001 98TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 3/5/2013
| | 09800SB1768sam001 | | LRB098 08161 HEP 42035 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1768
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1768 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Section 5.826 as follows: | 6 | | (30 ILCS 105/5.826 new) | 7 | | Sec. 5.826. The Supreme Court Special Purposes Fund. | 8 | | Section 10. The Appellate Court Act is amended by changing | 9 | | Section 3 as follows:
| 10 | | (705 ILCS 25/3) (from Ch. 37, par. 27)
| 11 | | Sec. 3. Clerk's salary - destruction of records. | 12 | | (a) The ordinary and contingent
expenses of operating the | 13 | | offices of the clerks of the branches of the Appellate
Court, | 14 | | including salaries, shall be determined by the Supreme Court |
| | | 09800SB1768sam001 | - 2 - | LRB098 08161 HEP 42035 a |
|
| 1 | | and
paid from the State Treasury on the warrant of the | 2 | | Comptroller out of appropriations
made for that purpose by the | 3 | | General Assembly. The clerk of each branch
of the appellate | 4 | | court shall
perform the duties usually devolving upon clerks of | 5 | | courts in this
State, and shall provide books, stationery and | 6 | | seals for the appellate
courts, and shall be entitled to | 7 | | receive the same fees for services in
each branch of the | 8 | | appellate court as are allowed for like services in
the Supreme | 9 | | Court. All fees paid to or received by any such clerk shall
be | 10 | | paid into the Supreme Court Special Purposes Fund State | 11 | | treasury as required by Section 2 of "An Act in
relation to the | 12 | | payment and disposition of moneys received by officers
and | 13 | | employees of the State of Illinois by virtue of their office or
| 14 | | employment", approved June 9, 1911, as amended , except that any | 15 | | filing fees designated by Supreme Court Rule for alternative | 16 | | dispute resolution programs in the reviewing courts as provided | 17 | | in the Reviewing Court Alternative Dispute Resolution Act | 18 | | shall, within one month after receipt, be remitted to the State | 19 | | Treasurer for deposit in the Mandatory Arbitration Fund.
| 20 | | (b) The clerks shall, on the order and under the direction | 21 | | of the
court, destroy any or all the records certified by the | 22 | | clerk (or a
judge) of a trial court in cases finally decided | 23 | | more than 21 years
prior to the entry of the order.
| 24 | | (Source: P.A. 96-302, eff. 1-1-10.)
| 25 | | Section 15. The Clerks of Courts Act is amended by changing |
| | | 09800SB1768sam001 | - 3 - | LRB098 08161 HEP 42035 a |
|
| 1 | | Sections 28 and 29 as follows:
| 2 | | (705 ILCS 105/28)
| 3 | | Sec. 28. Supreme Court Clerk; fees. At the time of filing a | 4 | | petition or
record, the petitioner or appellant shall pay to | 5 | | the Clerk of the Supreme Court
the sum of $25. That sum shall | 6 | | be in full payment of all services of the clerk
on behalf of | 7 | | the petitioner or appellant, except the making of a complete
| 8 | | record, or copies of records, papers, or orders. The respondent | 9 | | or appellee,
before entering an appearance or filing any paper, | 10 | | shall pay to the Clerk of
the Supreme Court the sum of $15, | 11 | | which sum shall be in full payment of all
services of the clerk | 12 | | on behalf of the respondent or appellee, except the
making of a | 13 | | complete record, or copies of records, papers, or orders.
| 14 | | The fee for each official certificate and seal is $1.
| 15 | | The fee for making a complete record, copy of a record, or | 16 | | other papers
in this office is a reasonable fee per page as | 17 | | established by the
Supreme Court, except that the clerk shall
| 18 | | furnish without cost, to parties in interest or their attorneys | 19 | | of
record, copies of opinions or orders. In furtherance of the
| 20 | | public interest, the clerk may furnish copies of opinions or | 21 | | orders without
cost to other individuals or entities.
| 22 | | The fee for preparing a law license, certifying it with the | 23 | | seal,
administering the oath, and transcribing the name on the | 24 | | roll of attorneys is
$5.
| 25 | | In no event shall the clerk charge or receive any other or
|
| | | 09800SB1768sam001 | - 4 - | LRB098 08161 HEP 42035 a |
|
| 1 | | different fees than those specified in this Section, except as | 2 | | otherwise
authorized by statute. | 3 | | After the effective date of this amendatory Act of the 98th | 4 | | General Assembly, the amount of any fee collected under this | 5 | | Section may be set by Supreme Court rule, except that the | 6 | | amount of the fees collected under this Section shall remain as | 7 | | set by statute until the Supreme Court adopts rules specifying | 8 | | a higher or lower fee amount.
| 9 | | There is created the Supreme Court Special Purposes Fund, a | 10 | | special fund in the State treasury. Moneys collected under this | 11 | | Section shall be deposited into the Supreme Court Special | 12 | | Purposes Fund, to be used by the Supreme Court for: | 13 | | (1) costs associated with electronic filing and case | 14 | | management systems in the reviewing courts; and | 15 | | (2) the operation of committees and commissions | 16 | | established by the Supreme Court. | 17 | | (Source: P.A. 88-691; 89-233, eff. 1-1-96; 89-626, eff. 8-9-96; | 18 | | 89-686, eff.
12-31-96.)
| 19 | | (705 ILCS 105/29)
| 20 | | Sec. 29. Salary; disposition of fees; expenditures. The | 21 | | ordinary
and contingent expenses of operating the Office of the | 22 | | Clerk of the Supreme
Court, including salaries, shall be | 23 | | determined by the Supreme Court and
paid from the State | 24 | | treasury on the warrant of the Comptroller out of
| 25 | | appropriations made for that purpose by the General Assembly.
|
| | | 09800SB1768sam001 | - 5 - | LRB098 08161 HEP 42035 a |
|
| 1 | | Except as specified under Section 28 of this Act, Section | 2 | | 12 of the Professional Service Corporation Act, Section 50-45 | 3 | | of the Limited Liability Company Act, and Section 10 of the | 4 | | Professional Association Act, all All fees and costs paid to or | 5 | | received by the Clerk of the Supreme
Court shall be paid into | 6 | | the State Treasury.
| 7 | | (Source: P.A. 89-233, eff. 1-1-96.)
| 8 | | Section 20. The Professional Service Corporation Act is | 9 | | amended by changing Section 12 as follows:
| 10 | | (805 ILCS 10/12) (from Ch. 32, par. 415-12)
| 11 | | Sec. 12.
(a) No corporation shall open, operate or maintain | 12 | | an establishment for any
of the purposes for which a | 13 | | corporation may be organized under this Act
without a | 14 | | certificate of registration from the regulating authority
| 15 | | authorized by law to license individuals to engage in the | 16 | | profession or
related professions concerned. Application for | 17 | | such registration shall be
made in writing, and shall contain | 18 | | the name and address of the corporation,
and such other | 19 | | information as may be required by the regulating authority.
| 20 | | Upon receipt of such application, the regulating authority, or | 21 | | some
administrative agency of government designated by it, | 22 | | shall make an
investigation of the corporation. If the | 23 | | regulating authority is the
Supreme Court it may designate the | 24 | | bar or legal association which
investigates and prefers charges |
| | | 09800SB1768sam001 | - 6 - | LRB098 08161 HEP 42035 a |
|
| 1 | | against lawyers to it for disciplining. If
such authority finds | 2 | | that the incorporators, officers, directors and
shareholders | 3 | | are each licensed pursuant to the laws of Illinois to engage
in | 4 | | the particular profession or related professions involved | 5 | | (except that
the secretary of the corporation need not be so | 6 | | licensed), and if no
disciplinary action is pending before it | 7 | | against any of them, and if it
appears that the corporation | 8 | | will be conducted in compliance with the law
and the | 9 | | regulations and rules of the regulating authority, such | 10 | | authority,
shall issue, upon payment of a registration fee of | 11 | | $50, a certificate of
registration.
| 12 | | Upon written application of the holder, the
regulating | 13 | | authority which originally issued the certificate of
| 14 | | registration shall renew the certificate if it finds that the | 15 | | corporation
has complied with its regulations and the | 16 | | provisions of this Act.
| 17 | | The fee for the renewal of a certificate of registration | 18 | | shall be calculated
at the rate of $40 per year.
| 19 | | The certificate of registration shall be conspicuously | 20 | | posted upon the
premises to which it is applicable, and the | 21 | | professional corporation shall
have only those offices which | 22 | | are designated by street address in the
articles of | 23 | | incorporation, or as changed by amendment of such articles. No
| 24 | | certificate of registration shall be assignable.
| 25 | | (b) Moneys collected under this Section from a professional | 26 | | corporation organized to practice law shall be deposited into |
| | | 09800SB1768sam001 | - 7 - | LRB098 08161 HEP 42035 a |
|
| 1 | | the Supreme Court Special Purposes Fund. | 2 | | (c) After the effective date of this amendatory Act of the | 3 | | 98th General Assembly, the amount of any fee collected under | 4 | | this Section from a professional corporation organized to | 5 | | practice law may be set by Supreme Court rule, except that the | 6 | | amount of the fees shall remain as set by statute until the | 7 | | Supreme Court adopts rules specifying a higher or lower fee | 8 | | amount. | 9 | | (Source: P.A. 83-863.)
| 10 | | Section 25. The Limited Liability Company Act is amended by | 11 | | changing Section 50-45 as follows:
| 12 | | (805 ILCS 180/50-45)
| 13 | | Sec. 50-45. Certificate of registration; attorneys at law. | 14 | | (a) A limited
liability company that is organized to | 15 | | practice law may not engage in the
practice
of law without a | 16 | | certificate of registration from the Supreme Court of
Illinois. | 17 | | Application for registration shall be made in writing and shall
| 18 | | contain the name and address of the limited liability company | 19 | | and such other
information as may be required by the Supreme | 20 | | Court. Upon receipt of the
application, if the Supreme Court | 21 | | finds that the organizers, members, and
managers are each | 22 | | licensed to practice law, no disciplinary action is
pending | 23 | | against any of them, and
it appears that the limited liability | 24 | | company will be conducted in compliance
with the law and the |
| | | 09800SB1768sam001 | - 8 - | LRB098 08161 HEP 42035 a |
|
| 1 | | rules of the Supreme Court, the Supreme Court may issue,
upon | 2 | | payment of a registration fee of $50, a certificate of | 3 | | registration.
| 4 | | Upon written application of the certificate holder and upon | 5 | | completion of a
form prescribed by the Supreme Court, the | 6 | | Supreme Court may renew the
certificate if it finds that the | 7 | | limited liability company has complied with
the Supreme Court's | 8 | | rules and the provisions of this Act. The fee for the
renewal | 9 | | of a
certificate of registration is $40 per year.
| 10 | | The applications submitted and fees payable to the Supreme | 11 | | Court shall be in
addition to the documents, amendments, and | 12 | | reports filed with and the fees and
penalties charged by the | 13 | | Secretary of State.
| 14 | | The certificate of registration shall be conspicuously | 15 | | posted upon the
premises to which it is applicable, and the | 16 | | limited liability company may
have only those offices that are | 17 | | designated by street address in the articles
of organization or | 18 | | as changed by amendment of those articles. A certificate
of | 19 | | registration is not assignable.
| 20 | | (b) Moneys collected under this Section shall be deposited | 21 | | into the Supreme Court Special Purposes Fund. | 22 | | (c) After the effective date of this amendatory Act of the | 23 | | 98th General Assembly, the amount of any fee collected under | 24 | | this Section may be set by Supreme Court rule, except that the | 25 | | amount of the fees shall remain as set by statute until the | 26 | | Supreme Court adopts rules specifying a higher or lower fee |
| | | 09800SB1768sam001 | - 9 - | LRB098 08161 HEP 42035 a |
|
| 1 | | amount. | 2 | | (Source: P.A. 89-686, eff. 12-31-96.)
| 3 | | Section 30. The Professional Association Act is amended by | 4 | | changing Section 10 as follows:
| 5 | | (805 ILCS 305/10) (from Ch. 106 1/2, par. 110)
| 6 | | Sec. 10. Regulation of practice of law.
| 7 | | (a) The manner in which lawyers practice law under this Act | 8 | | is subject
to the powers of the Supreme Court to regulate the | 9 | | practice of law.
| 10 | | (b) A professional
association that is organized to | 11 | | practice law may not engage in the practice of
law without a | 12 | | certificate of registration from the Supreme Court of Illinois.
| 13 | | Application for registration shall be made in writing and shall | 14 | | contain the
name and address of the professional association | 15 | | and such other information as
may be required by the Supreme | 16 | | Court. Upon receipt of the application, if the
Supreme Court | 17 | | finds that the members and shareholders are each licensed to
| 18 | | practice law, no disciplinary action is pending against any of | 19 | | them, and
it appears that the professional association will be | 20 | | conducted in compliance
with the law and the rules of the | 21 | | Supreme Court, the Supreme Court may issue,
upon payment of a | 22 | | registration fee of $50, a certificate of registration.
| 23 | | Upon written application of the certificate holder and upon | 24 | | completion of a
form prescribed by the Supreme Court, the |
| | | 09800SB1768sam001 | - 10 - | LRB098 08161 HEP 42035 a |
|
| 1 | | Supreme Court may renew the
certificate if it finds that the | 2 | | professional association has complied with
the Supreme Court's | 3 | | rules and the provisions of this Act. The fee for the
renewal | 4 | | of a certificate of registration is $40 per year.
| 5 | | The certificate of registration shall be conspicuously | 6 | | posted upon the
premises to which it is applicable, and the | 7 | | professional association may have
only those offices that are | 8 | | designated by street address in the articles of
association or | 9 | | as changed by amendment of those articles. A certificate of
| 10 | | registration is not assignable.
| 11 | | (c) Moneys collected under this Section shall be deposited | 12 | | into the Supreme Court Special Purposes Fund. | 13 | | (d) After the effective date of this amendatory Act of the | 14 | | 98th General Assembly, the amount of any fee collected under | 15 | | this Section may be set by Supreme Court rule, except that the | 16 | | amount of the fees shall remain as set by statute until the | 17 | | Supreme Court adopts rules specifying a higher or lower fee | 18 | | amount. | 19 | | (Source: P.A. 89-686, eff. 12-31-96.)
| 20 | | Section 99. Effective date. This Act takes effect October | 21 | | 1, 2013.".
|
|