90th General Assembly
Status of HB0425
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CROSS-DART-SCOTT-BIGGERT-SCULLY, ERWIN AND MEYER.

   30 ILCS 765/1             from Ch. 5, par. 2050-1                           
   30 ILCS 765/5             from Ch. 5, par. 2050-5                           
   30 ILCS 765/10            from Ch. 5, par. 2050-10                          
   30 ILCS 765/15            from Ch. 5, par. 2050-15                          
   30 ILCS 765/20            from Ch. 5, par. 2050-20                          
   30 ILCS 765/25            from Ch. 5, par. 2050-25                          
   30 ILCS 765/35            from Ch. 5, par. 2050-35                          
   30 ILCS 765/40 new                                                          
   30 ILCS 765/45 new                                                          
   30 ILCS 765/50 new                                                          
   30 ILCS 765/60 new                                                          
   30 ILCS 765/65 new                                                          
   30 ILCS 105/5.449 new                                                       
   35 ILCS 5/507R new                                                          
   35 ILCS 5/509             from Ch. 120, par. 5-509                          
   35 ILCS 5/510             from Ch. 120, par. 5-510                          
   705 ILCS 25/19 new                                                          
   705 ILCS 105/27.3d new                                                      
   705 ILCS 105/28.5 new                                                       
   765 ILCS 1025/9           from Ch. 141, par. 109                            
   30 ILCS 765/30 rep.                                                         

        Amends the Illinois Farm Legal Assistance Act.  Changes the short      
   title of the  Act  to  the  Illinois  Equal  Justice  Assistance  Act.      
   Deletes  all  references  to  the  Department of Agriculture.  Deletes      
   current provisions concerning legislative findings and  reports  under      
   the  Act.   Changes the name of the Foundation operating under the Act      
   from the Illinois Farm Legal Assistance  Foundation  to  the  Illinois      
   Equal  Justice Foundation.  Provides for the powers of the Foundation.      
   Provides for distribution  of  the  Illinois  Equal  Justice  Fund  to      
   qualifying  civil  legal services providers.  Amends the State Finance      
   Act to create the Illinois Equal Justice Fund.   Amends  the  Illinois      
   Income Tax Act to create a tax checkoff for the Illinois Equal Justice      
   Fund.   Amends the Appellate Court Act and the Clerks of Courts Act to      
   provide for an Illinois Equal Justice Fund surcharge.   Provides  that      
   in the appellate courts and the Illinois Supreme Court, the surcharges      
   shall  be  set  by  Supreme  Court  Rule.  Provides surcharge fees for      
   circuit courts.  Provides that the clerks shall collect the surcharges      
   imposed by this amendatory Act in the manner in which all  other  fees      
   or  charges  are  collected.   Provides  for monthly remittance of the      
   surcharges collected to the  Illinois  Equal  Justice  Foundation  for      
   deposit  into  the  Illinois  Equal  Justice  Fund.  Provides that the      
   provisions of this amendatory Act are severable.                            
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          New Act                                                              
          Deletes reference to:                                                
          30 ILCS 765/1                                                        
          30 ILCS 765/5                                                        
          30 ILCS 765/10                                                       
          30 ILCS 765/15                                                       
          30 ILCS 765/20                                                       
          30 ILCS 765/25                                                       
          30 ILCS 765/35                                                       
          30 ILCS 765/40 new                                                   
          30 ILCS 765/45 new                                                   
          30 ILCS 765/50 new                                                   
          30 ILCS 765/60 new                                                   
          30 ILCS 765/65 new                                                   
          30 ILCS 765/30 rep.                                                  
        Deletes everything. Creates the Illinois Equal Justice Assistance      
   Act.  Reinserts provisions of the bill as introduced as a new Act (now      
   amending the Illinois Farm legal Assistance Act). In the definition of      
   "civil legal services", clarifies that  the  legal  representation  or      
   advice  shall  be  provided  for  non-criminal or traffic matters that      
   either (i) are pending in courts in Illinois or (ii) have a reasonable      
   potential for court action in Illinois based  on  the  nature  of  the      
   matter  at  issue,  provided,  however,  representation  and advice in      
   traffic matters shall  not  include  representation  in  formal  court      
   proceedings.   Provides  that  the  reports  shall  be  available  for      
   inspection  and  shall include, within the statement of total receipts      
   for each of the previous 2 calendar years, a breakdown  by  source  of      
   the  receipts.  Provides  that  a recipient may not use funds received      
   under this Act to influence the passage or defeat of any  legislation,      
   constitutional  amendment,  referendum,  initiative,  or  any  similar      
   procedure  of the Congress or a State or local legislative body.  This      
   includes payment for any personal  service,  advertisement,  telegram,      
   telephone   communication,   letter,   printed   or   written  matter,      
   administrative  expense,  or  related  expense  associated  with  this      
   prohibited activity. Provides that the clerks of the Appellate Courts,      
   the circuit courts, and the Supreme  Court  shall  remit  monthly  all      
   amounts  collected  from  the Illinois Equal Justice Fund surcharge to      
   the State Treasurer who shall disburse  the  amounts  monthly  to  the      
   Illinois  Equal Justice Foundation for deposit into the Illinois Equal      
   Justice Fund (now  the  clerks  remit  the  amounts  directly  to  the      
   Foundation  for  deposit  into  the  Fund).   Provides that intangible      
   personal property held in a lawyer's trust account that  has  remained      
   unclaimed  by  the owner for more than 5 years after it became payable      
   or distributable shall be remitted to the State  Treasurer  who  shall      
   disburse  the  amounts  monthly to the Foundation for deposit into the      
   Fund (now remitted directly to the Foundation  for  deposit  into  the      
   Fund).   Provides  that in all counties the clerk of the circuit court      
   shall charge and collect the surcharge for petty  offenses  under  the      
   Illinois  Vehicle  Code  or  a  similar  local  ordinance  or  a local      
   ordinance governing the standing or parking  of  motor  vehicles  (now      
   misdemeanor traffic cases).  Makes other stylistic changes.                 
          STATE MANDATES FISCAL NOTE, H-AM 1                                   
          HB 425, as amended by H-am 1, fails to create a State mandate.       
          FISCAL NOTE, H-AM 1 (Admin. Office of Ill. Courts)                   
          It is not possible to determine the amount of total fee and          
          checkoff revenue or the amount of disbursements from the Ill.        
          Equal Justice Foundation.                                            
          JUDICIAL NOTE, H-AM 1                                                
          It is not possible to determine what impact the bill will have       
          on the need to increase the number of judges in the state.           
        HOUSE AMENDMENT NO. 2.                                                 
          Deletes reference to:                                                
          30 ILCS 105/5.449 new                                                
          35 ILCS 5/507R new                                                   
          35 ILCS 5/509                                                        
          35 ILCS 5/510                                                        
          705 ILCS 25/19 new                                                   
          705 ILCS 105/27.3d new                                               
          705 ILCS 105/28.5 new                                                
          765 ILCS 1025/9                                                      
        Deletes  everything.   Creates   the   Illinois   Equal   Justice      
   Assistance Act.  Creates a short title only.                                
   97-01-30  H  FIRST READING                                                  
   97-01-30  H  PRIMARY SPONSOR CHANGED TO               CROSS                 
   97-01-30  H  ADDED AS A JOINT SPONSOR                 DART                  
   97-01-30  H  ADDED AS A CO-SPONSOR                    SCOTT                 
   97-01-30  H  ADDED AS A CO-SPONSOR                    BIGGERT               
   97-01-30  H  ADDED AS A CO-SPONSOR                    SCULLY                
   97-01-30  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   97-02-05  H       ASSIGNED TO COMMITTEE               JUD-CIVIL LAW         
   97-03-20  H                             AMENDMENT NO. 01-JUD-CIVIL LAW H    
   97-03-20  H                                   ADOPTED                       
   97-03-20  H  DO PASS AMENDED/SHORT DEBATE             008-002-000   HJUA    
   97-03-20  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   97-04-08  H  SECOND READING-SHORT DEBATE                                    
   97-04-08  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-04-09  H  ADDED AS A CO-SPONSOR                    ERWIN                 
   97-04-09  H  ADDED AS A CO-SPONSOR                    MEYER                 
   97-04-15  H  STATE MANDATES FISCAL NOTE FILED         AS AMENDED            
   97-04-15  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-04-16  H                             AMENDMENT NO. 02-DART               
   97-04-16  H                     AMENDMENT REFERRED TO HRUL                  
   97-04-16  H                             AMENDMENT NO. 02-DART               
   97-04-16  H                                BE ADOPTED HRUL                  
   97-04-16  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-04-18  H                         FISCAL NOTE FILED AS AMENDED            
   97-04-18  H                       JUDICIAL NOTE FILED AS AMENDED            
   97-04-18  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-04-19  H                             AMENDMENT NO. 02-CROSS              
   97-04-19  H                                   ADOPTED                       
   97-04-19  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-04-23  H  RECALLED TO SECOND READING-SHORT DEBATE                        
   97-04-23  H                             AMENDMENT NO. 03-CROSS              
   97-04-23  H                     AMENDMENT REFERRED TO HRUL                  
   97-04-23  H                             AMENDMENT NO. 03-CROSS              
   97-04-23  H                           RULES REFERS TO HJUA                  
   97-04-23  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-04-25  H  RE-REFERRED TO RULES COMM/RULE 19(A)     RULES         HRUL    
   99-01-12  H  SESSION SINE DIE                                               

   END OF INQUIRY 



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