[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ House Amendment 001 ] |
91_HB2036
LRB9100872MWgcC
1 AN ACT to create the Illinois Equal Justice Assistance
2 Act, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Farm Legal Assistance Act is
6 amended by changing Sections 1, 5, 10, 15, 20, 25, and 35 and
7 the title of the Act and by adding Sections 40, 45, and 50 as
8 follows:
9 (30 ILCS 765/Act title)
10 An Act in relation to equal justice farm legal
11 assistance.
12 (30 ILCS 765/1) (from Ch. 5, par. 2050-1)
13 Sec. 1. Short title. This Act may be cited as the
14 Illinois Equal Justice Farm Legal Assistance Act.
15 (Source: P.A. 87-123.)
16 (30 ILCS 765/5) (from Ch. 5, par. 2050-5)
17 Sec. 5. Legislative findings purpose. The General
18 Assembly finds:
19 (a) Equal justice is a basic right that is fundamental
20 to democracy in this State, and the integrity of this State
21 and this State's justice system depends on protecting and
22 enforcing the rights of all people.
23 (b) This State's residents must have information about
24 self-help processes and available remedies.
25 (c) The justice system must work with social services
26 providers, government agencies, and community leaders to
27 promote approaches to preventing and resolving legal
28 difficulties.
29 (d) The maintenance, operation, and fairness of the
-2- LRB9100872MWgcC
1 courts are significantly enhanced when all parties have
2 access to basic legal information, information about the
3 court system, and information about alternative methods of
4 dispute resolution and other alternatives to the legal
5 system. Individuals unable to obtain this information who
6 are also unable to obtain legal representation cause all
7 parties in the court system to experience backlogs and
8 delays, often resulting in multiple court appearances, or
9 lengthier court appearances, or both, than would otherwise be
10 necessary for all parties. When all parties have access to
11 basic legal information, information about the court system,
12 and information about alternatives to the legal system, the
13 parties may proceed in a more productive and efficient
14 manner, thereby reducing the number of cases the courts must
15 manage and reducing unnecessary backlogs and delays in the
16 court system.
17 (e) The resolution of disputes can be costly and
18 time-consuming in the context of a formal judicial
19 proceeding. Mediation of disputes has a potential for
20 efficiently reducing the volume of cases in the court system
21 in this State. There is a compelling need for dispute
22 resolution centers to divert some matters from the court
23 system.
24 (f) The courts of Illinois are backlogged with both
25 pre-judgment and post-judgment civil cases that require
26 numerous court appearances and lengthy hearings caused in
27 part by individuals who are not represented by legal counsel.
28 The resolution of these cases often results in the
29 unrepresented party not following the court procedures and
30 orders, causing multiple court proceedings. Providing legal
31 representation to the indigent party in civil cases has a
32 great potential for efficiently reducing the volume of
33 matters that burden the court system in this State.
34 Not-for-profit legal services organizations make a
-3- LRB9100872MWgcC
1 substantial contribution to the expeditious operation and
2 maintenance of the courts in civil cases.
3 (g) Equal justice is an integral part of the general
4 public welfare.
5 (h) The assessment, collection, and distribution of fees
6 and other funds under this Act promotes equal justice, is in
7 the public interest, and enhances the administration of
8 justice and the courts.
9 (i) The use of the fees and other funds for the purposes
10 prescribed by this Act is consistent with the essential
11 functions of the courts. that, in the agricultural economy,
12 many farmers are unable to afford necessary legal services to
13 deal with financial and other personal problems. It is one
14 of the purposes of this Act to provide short-term legal
15 assistance to address the special legal needs of farmers.
16 (Source: P.A. 87-123.)
17 (30 ILCS 765/10) (from Ch. 5, par. 2050-10)
18 Sec. 10. Definitions. For the purposes of this Act:
19 "Foundation" means the Illinois Equal Justice Farm Legal
20 Assistance Foundation, a not-for-profit corporation created
21 by the Illinois State Bar Association and the Chicago Bar
22 Association.
23 "Legal information center" means a center in a judicial
24 circuit of this State operated by a not-for-profit
25 corporation that is tax exempt from the payment of federal
26 taxes under Section 501(c)(3) of the Internal Revenue Code
27 and that serves as an information center for persons
28 considering use of the judicial system in that judicial
29 circuit. Information available at each legal information
30 center may include, but not be limited to, information about
31 the organization of the court system, applicable court
32 procedures, how to obtain legal representation, alternatives
33 to the court system such as mediation or social services, the
-4- LRB9100872MWgcC
1 applicable substantive law, self-help packets explaining the
2 court procedures and applicable law in a particular
3 substantive area, and available self-help assistance desks.
4 "Regional legal services hotline" means a program in this
5 State operated by a not-for-profit corporation that is tax
6 exempt from the payment of federal taxes under Section
7 501(c)(3) of the Internal Revenue Code and that (i) provides
8 assistance to legal information centers and this State's
9 residents, and supplements legal information centers by
10 providing information to legal information centers and this
11 State's residents that includes, but is not limited to,
12 information about the organization of the court system,
13 applicable court procedures, how to obtain legal
14 representation, alternatives to the court system such as
15 mediation or social services, the applicable substantive law,
16 self-help packets explaining the court procedures and
17 applicable law in a particular substantive area, and
18 available self-help assistance desks and (ii) coordinates and
19 provides assistance to civil legal services providers
20 operating in this State by providing coordinated intake and
21 referral services.
22 "Self-help assistance desk" means a program operated by a
23 not-for-profit corporation that is tax exempt from the
24 payment of federal taxes under Section 501(c)(3) of the
25 Internal Revenue Code and that provides legal information and
26 advice about a particular substantive area of the law to
27 litigants or potential litigants in non-criminal or traffic
28 matters who are unable to obtain or do not have legal
29 representation for a dispute involving that substantive area
30 of the law.
31 "Dispute resolution center" means a not-for-profit
32 organization that is exempt from the payment of federal taxes
33 pursuant to Section 501(c)(3) of the Internal Revenue Code
34 and that is organized to provide mediation services at no
-5- LRB9100872MWgcC
1 charge to disputants who agree to use its services. Disputes
2 handled by a dispute resolution center may include, but not
3 be limited to, disputes referred from the court system.
4 "Mediation" means a voluntary process in which an
5 impartial mediator actively assists disputants in identifying
6 and clarifying issues of concern and in designing and
7 agreeing to solutions for those issues.
8 "Mediator" means a person who has received at least 30
9 hours of training in the areas of negotiation, nonverbal
10 communication, agreement writing, neutrality, and ethics.
11 "Civil legal services" means legal representation or
12 advice in non-criminal or traffic matters provided to
13 eligible clients.
14 "Civil legal services provider" means a not-for-profit
15 corporation that (i) is exempt from the payment of federal
16 income tax pursuant to Section 501(c)(3) of the Internal
17 Revenue Code, (ii) is established for the purpose of
18 providing legal services that include civil legal services,
19 and (iii) either (A) employs 4 or more full-time attorneys
20 who are licensed to practice law in the State of Illinois and
21 who directly provide civil legal services or (B) provides
22 civil legal services through an organized panel of pro bono
23 attorneys.
24 "Eligible client" means an individual, not a business
25 entity, who is involved in a non-criminal or traffic matter,
26 who has been found financially eligible for civil legal
27 services by a civil legal services provider, and who has an
28 annual income that does not exceed 150% of the prevailing
29 poverty guidelines issued by the United States Department of
30 Health and Human Services.
31 "Pro bono attorney" means an attorney who is
32 self-employed, or employed by an entity other than a civil
33 legal services provider, and who represents eligible clients
34 without charge under the auspices of a civil legal services
-6- LRB9100872MWgcC
1 provider.
2 "Recipient" means a legal information center, regional
3 legal services hotline, self-help assistance desk, dispute
4 resolution center, or qualified civil legal services provider
5 receiving moneys under this Act.
6 "Qualified civil legal services provider" means a civil
7 legal services provider that (i) makes financial eligibility
8 determinations before providing civil legal services; (ii)
9 has demonstrated its commitment to the provision of high
10 quality civil legal services to clients and has operated for
11 at least 2 years; and (iii) received and expended cash funds
12 in Illinois in the previous fiscal year in the amount of at
13 least $200,000 for the provision of civil legal services.
14 "Department" means the Illinois Department of
15 Agriculture.
16 "Director" means the Illinois Director of Agriculture.
17 (Source: P.A. 87-123.)
18 (30 ILCS 765/15) (from Ch. 5, par. 2050-15)
19 Sec. 15. Foundation; distribution of funds to legal
20 information centers, regional legal services hotlines,
21 dispute resolution centers, self-help assistance desks, or
22 civil legal services providers.
23 (a) The Foundation shall establish and administer the
24 Illinois Equal Justice Fund. The Fund consists of all moneys
25 remitted to the Foundation under the terms of this Act. The
26 Foundation must deposit all moneys received under this Act
27 into interest-bearing accounts. Administration and
28 distribution of these funds by the Foundation does not alter
29 their character as public funds or alter the fiduciary
30 responsibilities attendant to the administration of public
31 funds.
32 (b) The Foundation may annually retain a portion of the
33 amounts it receives under this Section, not to exceed 5% of
-7- LRB9100872MWgcC
1 the amounts received by the Foundation under this Act, to
2 reimburse the Foundation for the actual cost of administering
3 grants and making the distributions required under this Act
4 during that year.
5 (c) The distribution of moneys available after
6 administrative costs shall be made by the Foundation in the
7 following manner:
8 (1) The Foundation shall distribute moneys to legal
9 information centers that have demonstrated or demonstrate
10 an ability to provide the services described in Section
11 10 of this Act and that otherwise comply with the
12 requirements of this Act with the objective that one or
13 more legal information centers will be operated in each
14 judicial circuit of this State.
15 (2) The Foundation shall distribute funds to
16 regional legal services hotlines that have demonstrated
17 or demonstrate an ability to provide the services
18 described in Section 10 of this Act and that otherwise
19 comply with the requirements of this Act.
20 (3) The Foundation shall distribute funds to
21 self-help assistance desks that have demonstrated or
22 demonstrate an ability to provide the services described
23 in Section 10 of this Act and that otherwise comply with
24 the requirements of this Act.
25 (4) The Foundation shall distribute funds to
26 dispute resolution centers that have demonstrated or
27 demonstrate compliance with the requirements of Section 5
28 of the Illinois Not-For-Profit Dispute Resolution Center
29 Act.
30 (5) The Foundation shall distribute funds to
31 qualified civil legal services providers operating in one
32 or more counties within this State. The Foundation shall
33 determine the amounts to be distributed to each qualified
34 civil legal services provider based upon the following
-8- LRB9100872MWgcC
1 criteria:
2 (A) the number of eligible clients served and
3 the nature of the civil legal services caseload of
4 each qualified civil legal services provider
5 compared to all other qualified civil legal services
6 providers in this State;
7 (B) the qualified civil legal services
8 provider's satisfactory compliance with Section 50
9 of this Act; and
10 (C) the qualified civil legal services
11 provider's general compliance with the following
12 standards:
13 (i) the quality, feasibility, and
14 cost-effectiveness of the civil legal services
15 provider's legal services as evidenced by,
16 among other things, the experience of the civil
17 legal services provider's staff with the
18 delivery of the type of legal assistance
19 contemplated under the proposal; compatibility
20 with the American Bar Association's Standards
21 for Providers of Civil Legal Services for the
22 Poor, where applicable; the civil legal
23 services provider's compliance experience with
24 other funding sources or regulatory agencies,
25 including but not limited to federal or State
26 agencies, bar associations or foundations,
27 courts, IOLTA programs, and private
28 foundations; the reputations of the civil legal
29 services provider's principals and key staff;
30 and the civil legal services provider's
31 capacity to ensure continuity in representation
32 of eligible clients with pending matters,
33 including pending matters referred from other
34 legal services providers;
-9- LRB9100872MWgcC
1 (ii) the civil legal services provider's
2 knowledge of the various components of the
3 legal services delivery system in the State and
4 its willingness to coordinate with them as
5 appropriate, including its capacity to:
6 (I) develop and increase resources
7 from funds other than those provided under
8 this Act; and
9 (II) cooperate with State and local
10 bar associations, private attorneys, and
11 pro bono programs to increase the
12 involvement of private attorneys in the
13 delivery of legal assistance and the
14 availability of pro bono legal services to
15 eligible clients; and
16 (iii) the civil legal services provider's
17 knowledge and willingness to cooperate with
18 other civil legal services providers, community
19 groups, public interest organizations, and
20 human services providers in a manner that is
21 consistent with the Illinois Rules of
22 Professional Conduct.
23 (d) The Foundation must give annual notice of the amount
24 of moneys available for distribution; the procedure by which
25 legal information centers, regional legal services hotlines,
26 dispute resolution centers, self-help assistance desks, and
27 qualified civil legal services providers can apply for
28 moneys; and the schedule for review and distribution of
29 moneys under this Act.
30 (e) The governing board of the Foundation may adopt
31 regulations and procedures necessary to implement and enforce
32 this Act and to ensure that the moneys allocated under this
33 Act are used to provide services to persons in accordance
34 with the terms of this Act.
-10- LRB9100872MWgcC
1 In adopting the regulations, the governing board must
2 comply with the following procedures:
3 (1) the governing board must publish a preliminary
4 draft of the regulations and procedures that must be
5 distributed, together with notice of the comment period,
6 to members of the Foundation, potential recipients of
7 moneys, and other interested parties that the Foundation
8 considers appropriate; and
9 (2) the governing board must allow a reasonable
10 time period for affected and interested parties to
11 present written comment regarding the proposed
12 regulations and procedures before the governing board
13 adopts final regulations and procedures.
14 (f) The Foundation shall make payments to recipients on
15 a calendar-year basis in quarterly installments. services.
16 The Foundation shall:
17 (a) Operate a lawyer referral service that will
18 facilitate and fund direct consultation between farmers and
19 lawyers on farm-related matters, and give preference to the
20 request of a qualifying farmer for referral to an eligible
21 lawyer of the qualifying farmer's choice.
22 (b) Provide funds to other not-for-profit legal
23 assistance providers in this State to assist in establishing
24 programs to furnish legal services to farmers on farm-related
25 matters.
26 (c) Provide technical assistance and create and
27 encourage educational programs relating to legal programs of
28 Illinois farmers.
29 (Source: P.A. 87-123.)
30 (30 ILCS 765/20) (from Ch. 5, par. 2050-20)
31 Sec. 20. Other powers and duties of the Foundation.
32 (a) The Foundation may make, enter into, and
33 execute contracts, agreements, leases, and other
-11- LRB9100872MWgcC
1 instruments with any person, including without limitation
2 any federal, State, or local governmental agency, and may
3 take other actions that may be necessary or convenient to
4 accomplish any purpose authorized by this Act.
5 (b) The Foundation may also undertake directly, or
6 by grant or contract, the following activities to assist
7 legal information centers, regional legal services
8 hotlines, dispute resolution centers, self-help
9 assistance desks, and qualified civil legal services
10 providers :
11 (1) provide research, training, and technical
12 assistance; and
13 (2) serve as a clearinghouse for information.
14 (Source: P.A. 87-123.)
15 (30 ILCS 765/25) (from Ch. 5, par. 2050-25)
16 Sec. 25. Acceptance of funds. Any assets, moneys, or
17 grants presently possessed by the Foundation shall be
18 retained by the Foundation and shall be used for the purposes
19 of this Act. The Department of Agriculture is empowered to
20 make grants of funds to the Foundation to be used for the
21 purpose of this Act. The Foundation has the authority to
22 receive and accept any and all grants, loans, subsidies,
23 matching funds, reimbursements, federal grant moneys, fees
24 for services, and other things of value from the federal or
25 State government or any agency of any other state or from any
26 institution, person, firm, or corporation, public or private,
27 to be used to carry out the purposes of this Act.
28 (Source: P.A. 87-123.)
29 (30 ILCS 765/35) (from Ch. 5, par. 2050-35)
30 Sec. 35. Reports.
31 (a) Each recipient of moneys under this Act must
32 annually submit a report to the Foundation. This report must
-12- LRB9100872MWgcC
1 include (i) either (A) an audit of the funds received from
2 the Foundation by a certified public accountant or (B) a
3 fiscal review approved by the Foundation setting forth the
4 manner and amount of expenditures made with the funds
5 received from the Foundation and (ii) a description of the
6 programs on which they were expended. The reports are public
7 records available for inspection upon request.
8 (b) The governing board of the Foundation must prepare
9 an annual report to the Governor, the President of the
10 Senate, the Minority Leader of the Senate, the Speaker of the
11 House of Representatives, the Minority Leader of the House of
12 Representatives, and the Justices of the Illinois Supreme
13 Court. The report must include (i) a statement of the total
14 receipts and a breakdown by source during each of the
15 previous 2 calendar years, (ii) a list of the names and
16 addresses of the recipients that are currently receiving
17 funds and that received funds in the previous year and the
18 amounts committed to recipients for the current year and paid
19 in the previous year, (iii) a breakdown of the amounts paid
20 during the previous year to recipients and the amounts
21 committed to each recipient for the current year, (iv) a
22 breakdown of the Foundation's costs in administering the
23 Fund, and (v) a statement of the Fund balance at the start
24 and at the close of the previous calendar-year and the
25 interest earned during the previous calendar-year. The
26 report must include any notices the Foundation issued denying
27 applications for moneys under this Act. The report, in its
28 entirety, is a public record, and the Foundation and the
29 Governor shall make the report available for inspection upon
30 request.
31 Report. The Foundation shall submit a report detailing
32 its operations and accounting for its use of grant funds, the
33 number of farmers served under this Act and the type of
34 services performed, the number of mediations performed and
-13- LRB9100872MWgcC
1 the results of the mediations to the Governor, the President
2 of the Senate, the Speaker of the House of Representatives,
3 the Attorney General and the Director of the Department of
4 Agriculture on or before January 1 of each year.
5 (Source: P.A. 87-123.)
6 (30 ILCS 765/40 new)
7 Sec. 40. Limitations on use of funds. No funds made
8 available to a recipient may be used for the purpose of (i)
9 lobbying; (ii) encouraging political activities, labor or
10 anti-labor activities, boycotts, picketing, strikes, or
11 demonstrations; or (iii) investigative or legal compliance
12 activities unrelated to a pending dispute.
13 (30 ILCS 765/45 new)
14 Sec. 45. Responsibilities of recipients. With respect
15 to the provision of services funded under this Act, each
16 recipient shall ensure the following:
17 (1) the maintenance of quality service and, where
18 applicable, compliance with the Illinois Rules of
19 Professional Conduct; and
20 (2) compliance with this Act in the expenditure of
21 funds.
22 (30 ILCS 765/50 new)
23 Sec. 50. Termination of funds; procedures.
24 (a) The Foundation may suspend or terminate funds it has
25 authorized under this Act upon its determination that a
26 recipient is not operating in compliance with the
27 requirements of this Act.
28 (b) An action by the Foundation proposing to suspend or
29 to terminate an existing grant of funds under this Act may
30 not become final until the recipient has been afforded notice
31 of the proposed action and the opportunity to be heard in
-14- LRB9100872MWgcC
1 accordance with the procedures established by the Foundation.
2
3 Sec. 10. The Illinois Income Tax Act is amended by
4 adding Section 507U and by changing Sections 509 and 510 as
5 follows:
6 (35 ILCS 5/507U new)
7 Sec. 507U. Illinois Equal Justice Fund checkoff. The
8 Department shall print on its standard individual income tax
9 form a provision indicating that if the taxpayer wishes to
10 contribute to the Illinois Equal Justice Fund, as authorized
11 by this amendatory Act of the 91st General Assembly, he or
12 she may do so by stating the amount of the contribution (not
13 less than $1) on the return and that the contribution will
14 reduce the taxpayer's refund or increase the amount of
15 payment to accompany the return. Failure to remit any
16 amount of increased payment shall reduce the contribution
17 accordingly. This Section shall not apply to any amended
18 return.
19 (35 ILCS 5/509) (from Ch. 120, par. 5-509)
20 Sec. 509. Tax checkoff explanations. All individual
21 income tax return forms shall contain appropriate
22 explanations and spaces to enable the taxpayers to designate
23 contributions to the Child Abuse Prevention Fund, to the
24 Community Health Center Care Fund, to the Illinois Wildlife
25 Preservation Fund as required by the Illinois Non-Game
26 Wildlife Protection Act, to the Alzheimer's Disease Research
27 Fund as required by the Alzheimer's Disease Research Act, to
28 the Assistance to the Homeless Fund as required by this Act,
29 to the Heritage Preservation Fund as required by the Heritage
30 Preservation Act, to the Child Care Expansion Program Fund as
31 required by the Child Care Expansion Program Act, to the Ryan
-15- LRB9100872MWgcC
1 White AIDS Victims Assistance Fund, to the Assistive
2 Technology for Persons with Disabilities Fund, to the
3 Domestic Violence Shelter and Service Fund, to the United
4 States Olympians Assistance Fund, to the Youth Drug Abuse
5 Prevention Fund, to the Persian Gulf Conflict Veterans Fund,
6 to the Literacy Advancement Fund, to the Ryan White Pediatric
7 and Adult AIDS Fund, to the Illinois Special Olympics
8 Checkoff Fund, to the Breast and Cervical Cancer Research
9 Fund, to the Korean War Memorial Fund, to the Heart Disease
10 Treatment and Prevention Fund, to the Hemophilia Treatment
11 Fund, to the Mental Health Research Fund, to the Children's
12 Cancer Fund, to the American Diabetes Association Fund, to
13 the Women in Military Service Memorial Fund, to the Illinois
14 Equal Justice Fund, and to the Meals on Wheels Fund. Each
15 form shall contain a statement that the contributions will
16 reduce the taxpayer's refund or increase the amount of
17 payment to accompany the return. Failure to remit any amount
18 of increased payment shall reduce the contribution
19 accordingly.
20 If, on October 1 of any year, the total contributions to
21 any one of the funds made under this Section do not equal
22 $100,000 or more, the explanations and spaces for designating
23 contributions to the fund shall be removed from the
24 individual income tax return forms for the following and all
25 subsequent years and all subsequent contributions to the fund
26 shall be refunded to the taxpayer.
27 (Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95;
28 90-171, eff. 7-23-97; revised 10-31-98.)
29 (35 ILCS 5/510) (from Ch. 120, par. 5-510)
30 Sec. 510. Determination of amounts contributed. The
31 Department shall determine the total amount contributed to
32 each of the following: the Child Abuse Prevention Fund, the
33 Illinois Wildlife Preservation Fund, the Community Health
-16- LRB9100872MWgcC
1 Center Care Fund, the Assistance to the Homeless Fund, the
2 Alzheimer's Disease Research Fund, the Heritage Preservation
3 Fund, the Child Care Expansion Program Fund, the Ryan White
4 AIDS Victims Assistance Fund, the Assistive Technology for
5 Persons with Disabilities Fund, the Domestic Violence Shelter
6 and Service Fund, the United States Olympians Assistance
7 Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf
8 Conflict Veterans Fund, the Literacy Advancement Fund, the
9 Ryan White Pediatric and Adult AIDS Fund, the Illinois
10 Special Olympics Checkoff Fund, the Breast and Cervical
11 Cancer Research Fund, the Korean War Memorial Fund, the Heart
12 Disease Treatment and Prevention Fund, the Hemophilia
13 Treatment Fund, the Mental Health Research Fund, the
14 Children's Cancer Fund, the American Diabetes Association
15 Fund, the Women in Military Service Memorial Fund, the
16 Illinois Equal Justice Fund, and the Meals on Wheels Fund;
17 and shall notify the State Comptroller and the State
18 Treasurer of the amounts to be transferred from the General
19 Revenue Fund to each fund, and upon receipt of such
20 notification the State Treasurer and Comptroller shall
21 transfer the amounts.
22 (Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95;
23 90-171, eff. 7-23-97.)
24 Section 15. The Appellate Court Act is amended by adding
25 Section 19 as follows:
26 (705 ILCS 25/19 new)
27 Sec. 20. Illinois Equal Justice Fund surcharge. The
28 clerks of the Appellate Courts shall collect any surcharges
29 imposed by Supreme Court Rule for the Illinois Equal Justice
30 Fund in the manner in which the clerks collect all other fees
31 and charges. The clerks shall remit monthly all amounts
32 collected under this Section to the State Treasurer who shall
-17- LRB9100872MWgcC
1 disburse these amounts monthly to the Illinois Equal Justice
2 Foundation for deposit into the Illinois Equal Justice Fund.
3 Section 20. The Clerks of Courts Act is amended by
4 adding Sections 27.3d and 28.5 as follows:
5 (705 ILCS 105/27.3d new)
6 Sec. 27.3d. Fee; collection and remittance.
7 (a) The clerk of the circuit court of each county having
8 a population of 3,000,000 or more shall charge and collect
9 an Illinois Equal Justice Fund surcharge in all civil cases.
10 (1) For filing a civil case or for a confession of
11 judgment, the surcharge is $6, except as follows: if the
12 amount in controversy does not exceed $250, the surcharge
13 is $1; if the amount in controversy is at least $250 but
14 does not exceed $1,000, the surcharge is $2; if the
15 amount in controversy is at least $1,000 but does not
16 exceed $2,500, the surcharge is $3; if the amount in
17 controversy is at least $2,500 but does not exceed
18 $5,000, the surcharge is $4; and if the amount in
19 controversy is at least $5,000 but does not exceed
20 $15,000, the surcharge is $5.
21 (2) For filing a forcible entry and detainer case,
22 the surcharge is $4 when the plaintiff seeks possession
23 only or unites with his or her claim for possession of
24 the property a claim for rent or damages or both in the
25 amount of $15,000 or less. When the plaintiff unites
26 his or her claim for possession with a claim for rent or
27 damages or both exceeding $15,000, the surcharge is $6.
28 (3) For filing a probate case, the surcharge is $2
29 except as follows: for filing a probate case for
30 administration of an estate of a decedent or missing
31 person in which the value of real and personal property
32 exceeds $15,000, the surcharge is $6; and for filing a
-18- LRB9100872MWgcC
1 probate case for administration of the estate of a ward
2 in which the value of real and personal property exceeds
3 $15,000, the surcharge is $4.
4 (4) For appearing in a civil action, the surcharge
5 is $5, except as follows: in a probate case, the
6 surcharge is $2 unless subparagraph (D) of paragraph (3)
7 of subsection (v) of Section 27.2a of this Act is
8 applicable, in which case no surcharge may be charged;
9 in a forcible entry case or a case where the amount in
10 controversy does not exceed $1,500, the surcharge is $1;
11 and if the amount in controversy is at least $1,500 but
12 does not exceed $15,000, the surcharge is $2.
13 (5) The surcharge is in addition to all other
14 surcharges and charges of the clerk, may be assessable as
15 costs, and must be paid by each party at the time the
16 party files his or her first pleading in all civil
17 cases. The surcharge may not be charged in any
18 proceeding commenced by or on behalf of the State or any
19 State agency or by a unit of local government, nor may
20 the surcharge be charged in any proceeding to modify,
21 vacate, or enforce an existing order or judgment.
22 (b) In all counties having a population of at least
23 650,000 but not more than 3,000,000, the clerk of the
24 circuit court shall charge and collect an Illinois Equal
25 Justice Fund surcharge in all civil cases.
26 (1) For filing a civil case or for a confession of
27 judgment, the surcharge is $6, except as follows: if the
28 amount in controversy does not exceed $250, the surcharge
29 is $1; if the amount in controversy is at least $250 but
30 does not exceed $1,000, the surcharge is $2; if the
31 amount in controversy is at least $1,000 but does not
32 exceed $2,500, the surcharge is $3; if the amount in
33 controversy is at least $2,500 but does not exceed
34 $5,000, the surcharge is $4; and if the amount in
-19- LRB9100872MWgcC
1 controversy is at least $5,000 but does not exceed
2 $15,000, the surcharge is $5.
3 (2) For filing a forcible entry and detainer case,
4 the surcharge is $4 when the plaintiff seeks possession
5 only or unites with his or her claim for possession of
6 the property a claim for rent or damages or both in the
7 amount of $15,000 or less. When the plaintiff unites
8 his or her claim for possession with a claim for rent or
9 damages or both exceeding $15,000, the surcharge is $6.
10 (3) For filing a probate case, the surcharge is $2
11 except as follows: for filing a probate case for
12 administration of an estate of a decedent or missing
13 person in which the value of real and personal property
14 exceeds $15,000, the surcharge is $6; and for filing a
15 probate case for administration of the estate of a ward
16 in which the value of real and personal property exceeds
17 $15,000, the surcharge is $4.
18 (4) For appearing in a civil action, the surcharge
19 is $5, except as follows: in a probate case, the
20 surcharge is $2 unless subparagraph (D) of paragraph (3)
21 of subsection (v) of Section 27.2a of this Act is
22 applicable, in which case no surcharge may be charged;
23 in a forcible entry case or a case where the amount in
24 controversy does not exceed $1,500, the surcharge is $1;
25 and if the amount in controversy is at least $1,500 but
26 does not exceed $15,000, the surcharge is $2.
27 (5) The surcharge is in addition to all other
28 surcharges and charges of the clerk, may be assessable as
29 costs, and must be paid by each party at the time the
30 party files his or her first pleading in all civil cases.
31 The surcharge may not be charged in any proceeding
32 commenced by or on behalf of the State or any State
33 agency or by a unit of local government, nor may the
34 surcharge be charged in any proceeding to modify, vacate,
-20- LRB9100872MWgcC
1 or enforce an existing order or judgment.
2 (c) In all counties having a population of at least
3 180,000 but not more than 650,000, the clerk of the circuit
4 court shall charge and collect an Illinois Equal Justice
5 Fund surcharge in all civil cases.
6 (1) For filing a civil case or for a confession of
7 judgment, the surcharge is $6, except as follows: if the
8 amount in controversy does not exceed $250, the surcharge
9 is $1; if the amount in controversy is at least $250 but
10 does not exceed $1,000, the surcharge is $2; if the
11 amount in controversy is at least $1,000 but does not
12 exceed $2,500, the surcharge is $3; if the amount in
13 controversy is at least $2,500 but does not exceed
14 $5,000, the surcharge is $4; and if the amount in
15 controversy is at least $5,000 but does not exceed
16 $15,000, the surcharge is $5.
17 (2) For filing a forcible entry and detainer case,
18 the surcharge is $4 when the plaintiff seeks possession
19 only or unites with his or her claim for possession of
20 the property a claim for rent or damages or both in the
21 amount of $15,000 or less. When the plaintiff unites
22 his or her claim for possession with a claim for rent or
23 damages or both exceeding $15,000, the surcharge is $6.
24 (3) For filing a probate case, the surcharge is $2
25 except as follows: for filing a probate case for
26 administration of an estate of a decedent or missing
27 person in which the value of real and personal property
28 exceeds $15,000, the surcharge is $6; and for filing a
29 probate case for administration of the estate of a ward
30 in which the value of real and personal property exceeds
31 $15,000, the surcharge is $4.
32 (4) For appearing in a civil action, the surcharge
33 is $5, except as follows: in a probate case, the
34 surcharge is $2 unless subparagraph (D) of paragraph (3)
-21- LRB9100872MWgcC
1 of subsection (v) of Section 27.2a of this Act is
2 applicable, in which case no surcharge may be charged;
3 in a forcible entry case or a case where the amount in
4 controversy does not exceed $1,500, the surcharge is $1;
5 and if the amount in controversy is at least $1,500 but
6 does not exceed $15,000, the surcharge is $2.
7 (5) The surcharge is in addition to all other fees,
8 surcharges, and charges of the clerk, may be assessable
9 as costs, and must be paid by each party at the time the
10 party files his or her first pleading in all civil cases.
11 The surcharge may not be charged in any proceeding
12 commenced by or on behalf of the State or any State
13 agency or by a unit of local government, nor may the
14 surcharge be charged in any proceeding to modify, vacate,
15 or enforce an existing order or judgment.
16 (d) In all counties having a population of less than
17 180,000, the clerk of the circuit court shall charge and
18 collect an Illinois Equal Justice Fund surcharge in all civil
19 cases.
20 (1) For filing a civil case or for a confession of
21 judgment, the surcharge is $6, except as follows: if the
22 amount in controversy does not exceed $250, the
23 surcharge is $1; if the amount in controversy is at least
24 $250 but does not exceed $1,000, the surcharge is $2; if
25 the amount in controversy is at least $1,000 but does not
26 exceed $2,500, the surcharge is $3; if the amount in
27 controversy is at least $2,500 but does not exceed
28 $5,000, the surcharge is $4; and if the amount in
29 controversy is at least $5,000 but does not exceed
30 $15,000, the surcharge is $5.
31 (2) For filing a forcible entry and detainer case,
32 the surcharge is $4 when the plaintiff seeks possession
33 only or unites with his or her claim for possession of
34 the property a claim for rent or damages or both in the
-22- LRB9100872MWgcC
1 amount of $15,000 or less. When the plaintiff unites his
2 or her claim for possession with a claim for rent or
3 damages or both exceeding $15,000, the surcharge is $6.
4 (3) For filing a probate case, the surcharge is $2
5 except as follows: for filing a probate case for
6 administration of an estate of a decedent or missing
7 person in which the value of real and personal property
8 exceeds $15,000, the surcharge is $6; and for filing a
9 probate case for administration of the estate of a ward
10 in which the value of real and personal property exceeds
11 $15,000, the surcharge is $4.
12 (4) For appearing in a civil action, the surcharge
13 is $5, except as follows: in a probate case, the
14 surcharge is $2 unless subparagraph (D) of paragraph (3)
15 of subsection (v) of Section 27.2a of this Act is
16 applicable, in which case no surcharge may be charged; in
17 a forcible entry case or a case where the amount in
18 controversy does not exceed $1,500, the surcharge is $1;
19 and if the amount in controversy is at least $1,500 but
20 does not exceed $15,000, the surcharge is $2.
21 (5) The surcharge is in addition to all other fees,
22 surcharges, and charges of the clerk, may be assessable
23 as costs, and must be paid by each party at the time the
24 party files his or her first pleading in all civil cases.
25 The surcharge may not be charged in any proceeding
26 commenced by or on behalf of the State or any State
27 agency or by a unit of local government, nor may the
28 surcharge be charged in any proceeding to modify, vacate,
29 or enforce an existing order or judgment.
30 (e) In all counties, the clerk of the circuit court also
31 shall charge and collect an Illinois Equal Justice Fund
32 surcharge of $2 for traffic offenses that are not felonies.
33 This surcharge shall be assessed against the defendant for
34 traffic offenses that are not felonies upon a plea of guilty,
-23- LRB9100872MWgcC
1 stipulation of facts, or finding of guilty, resulting in a
2 judgment or conviction, or order of supervision, or sentence
3 of probation without entry of judgment. No surcharge may be
4 imposed or collected, however, in traffic cases that are not
5 felonies in which fines are paid without a court appearance.
6 (f) The clerk of the circuit court shall collect the
7 surcharges imposed under this Section in the manner in which
8 the clerk collects all other fees or charges. The clerk
9 shall remit monthly all amounts collected under this Section
10 to the State Treasurer who shall disburse these amounts
11 monthly to the Illinois Equal Justice Foundation for deposit
12 into the Illinois Equal Justice Fund.
13 (705 ILCS 105/28.5 new)
14 Sec. 28.5. Supreme Court Clerk; Illinois Equal Justice
15 Fund surcharge. The Clerk of the Supreme Court shall collect
16 any surcharges imposed by Supreme Court Rule for the
17 Illinois Equal Justice Fund in the manner in which the Clerk
18 collects all other fees and charges. The Clerk shall remit
19 monthly all amounts collected under this Section to the State
20 Treasurer who shall disburse these amounts monthly to the
21 Illinois Equal Justice Foundation for deposit into the
22 Illinois Equal Justice Fund.
23 Section 25. The Uniform Disposition of Unclaimed
24 Property Act is amended by changing Section 9 as follows:
25 (765 ILCS 1025/9) (from Ch. 141, par. 109)
26 Sec. 9. All personal property, not otherwise covered by
27 this Act, including any income or increment thereon that the
28 owner would be entitled to and deducting any lawful charges,
29 that has remained unclaimed by the owner for more than 5
30 years is presumed abandoned. Before reporting and delivering
31 property as required under this Act, a business association
-24- LRB9100872MWgcC
1 may deduct from the amount of otherwise reportable intangible
2 personal property the economic loss suffered by it in
3 connection with that intangible personal property arising
4 from transactions involving the sale of tangible personal
5 property at retail. Except as provided in Section 10.5, this
6 provision shall not apply to personal property held prior to
7 October 1, 1968 by business associations. Property remitted
8 to the State pursuant to this Act, prior to the effective
9 date of this amendatory Act of 1982, shall not be affected by
10 this amendatory Act of 1982.
11 This Act shall not apply to abandoned funds held in a
12 lawyer's trust account established under Supreme Court
13 Rules. Intangible personal property held in a lawyer's trust
14 account established under Supreme Court Rules that has
15 remained unclaimed by the owner for more than 5 years after
16 it became payable or distributable shall be remitted to the
17 State Treasurer who shall disburse these amounts monthly to
18 the Illinois Equal Justice Foundation for deposit into the
19 Illinois Equal Justice Fund.
20 (Source: P.A. 90-167, eff. 7-23-97.)
21 (30 ILCS 765/30 rep.)
22 Section 30. The Illinois Farm Legal Assistance Act is
23 amended by repealing Section 30.
24 Section 95. Severability. The provisions of this
25 amendatory Act of the 91st General Assembly are severable
26 under Section 1.31 of the Statues on Statutes.
-25- LRB9100872MWgcC
1 INDEX
2 Statutes amended in order of appearance
3 30 ILCS 765/Act title
4 30 ILCS 765/1 from Ch. 5, par. 2050-1
5 30 ILCS 765/5 from Ch. 5, par. 2050-5
6 30 ILCS 765/10 from Ch. 5, par. 2050-10
7 30 ILCS 765/15 from Ch. 5, par. 2050-15
8 30 ILCS 765/20 from Ch. 5, par. 2050-20
9 30 ILCS 765/25 from Ch. 5, par. 2050-25
10 30 ILCS 765/35 from Ch. 5, par. 2050-35
11 30 ILCS 765/40 new
12 30 ILCS 765/45 new
13 30 ILCS 765/50 new
14 35 ILCS 5/507U new
15 35 ILCS 5/509 from Ch. 120, par. 5-509
16 35 ILCS 5/510 from Ch. 120, par. 5-510
17 705 ILCS 25/19 new
18 705 ILCS 105/27.3d new
19 705 ILCS 105/28.5 new
20 765 ILCS 1025/9 from Ch. 141, par. 109
21 30 ILCS 765/30 rep.