[ Back ] [ Bottom ]
91_SB0331enr
SB331 Enrolled LRB9100872MWgcC
1 AN ACT to create the Illinois Equal Justice Act, amending
2 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
SB331 Enrolled -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
SB331 Enrolled -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 collection and distribution of funds under this
6 Act promotes equal justice, is in the public interest, and
7 enhances the administration of justice and the courts.
8 (i) The use of the funds for the purposes prescribed by
9 this Act is consistent with the essential functions of the
10 courts. that, in the agricultural economy, many farmers are
11 unable to afford necessary legal services to deal with
12 financial and other personal problems. It is one of the
13 purposes of this Act to provide short-term legal assistance
14 to address the special legal needs of farmers.
15 (Source: P.A. 87-123.)
16 (30 ILCS 765/10) (from Ch. 5, par. 2050-10)
17 Sec. 10. Definitions. For the purposes of this Act:
18 "Foundation" means the Illinois Equal Justice Farm Legal
19 Assistance Foundation, a not-for-profit corporation created
20 by the Illinois State Bar Association and the Chicago Bar
21 Association.
22 "Legal information center" means a center in a judicial
23 circuit of this State operated by a not-for-profit
24 corporation that is tax exempt from the payment of federal
25 taxes under Section 501(c)(3) of the Internal Revenue Code
26 and that serves as an information center for persons
27 considering use of the judicial system in that judicial
28 circuit. Information available at each legal information
29 center may include, but not be limited to, information about
30 the organization of the court system, applicable court
31 procedures, how to obtain legal representation, alternatives
32 to the court system such as mediation or social services, the
33 applicable substantive law, self-help packets explaining the
SB331 Enrolled -4- LRB9100872MWgcC
1 court procedures and applicable law in a particular
2 substantive area, and available self-help assistance desks.
3 "Regional legal services hotline" means a program in this
4 State operated by a not-for-profit corporation that is tax
5 exempt from the payment of federal taxes under Section
6 501(c)(3) of the Internal Revenue Code and that (i) provides
7 assistance to legal information centers and this State's
8 residents, and supplements legal information centers by
9 providing information to legal information centers and this
10 State's residents that includes, but is not limited to,
11 information about the organization of the court system,
12 applicable court procedures, how to obtain legal
13 representation, alternatives to the court system such as
14 mediation or social services, the applicable substantive law,
15 self-help packets explaining the court procedures and
16 applicable law in a particular substantive area, and
17 available self-help assistance desks and (ii) coordinates and
18 provides assistance to civil legal services providers
19 operating in this State by providing coordinated intake and
20 referral services.
21 "Self-help assistance desk" means a program operated by a
22 not-for-profit corporation that is tax exempt from the
23 payment of federal taxes under Section 501(c)(3) of the
24 Internal Revenue Code and that provides legal information and
25 advice about a particular substantive area of the law to
26 litigants or potential litigants in non-criminal or traffic
27 matters who are unable to obtain or do not have legal
28 representation for a dispute involving that substantive area
29 of the law.
30 "Dispute resolution center" means a not-for-profit
31 organization that is exempt from the payment of federal taxes
32 pursuant to Section 501(c)(3) of the Internal Revenue Code
33 and that is organized to provide mediation services at no
34 charge to disputants who agree to use its services. Disputes
SB331 Enrolled -5- LRB9100872MWgcC
1 handled by a dispute resolution center may include, but not
2 be limited to, disputes referred from the court system.
3 "Mediation" means a voluntary process in which an
4 impartial mediator actively assists disputants in identifying
5 and clarifying issues of concern and in designing and
6 agreeing to solutions for those issues.
7 "Mediator" means a person who has received at least 30
8 hours of training in the areas of negotiation, nonverbal
9 communication, agreement writing, neutrality, and ethics.
10 "Civil legal services" means legal representation or
11 advice in non-criminal matters provided to eligible clients.
12 "Civil legal services provider" means a not-for-profit
13 corporation that (i) is exempt from the payment of federal
14 income tax pursuant to Section 501(c)(3) of the Internal
15 Revenue Code, (ii) is established for the purpose of
16 providing legal services that include civil legal services,
17 and (iii) either (A) employs 4 or more full-time attorneys
18 who are licensed to practice law in the State of Illinois and
19 who directly provide civil legal services or (B) provides
20 civil legal services through an organized panel of pro bono
21 attorneys.
22 "Eligible client" means an individual, not a business
23 entity, who is involved in a non-criminal or traffic matter,
24 who has been found financially eligible for civil legal
25 services by a civil legal services provider, and who has an
26 annual income that does not exceed 150% of the prevailing
27 poverty guidelines issued by the United States Department of
28 Health and Human Services.
29 "Pro bono attorney" means an attorney who is
30 self-employed, or employed by an entity other than a civil
31 legal services provider, and who represents eligible clients
32 without charge under the auspices of a civil legal services
33 provider.
34 "Recipient" means a legal information center, regional
SB331 Enrolled -6- LRB9100872MWgcC
1 legal services hotline, self-help assistance desk, dispute
2 resolution center, or qualified civil legal services provider
3 receiving moneys under this Act.
4 "Qualified civil legal services provider" means a civil
5 legal services provider that (i) makes financial eligibility
6 determinations before providing civil legal services; (ii)
7 has demonstrated its commitment to the provision of high
8 quality civil legal services to clients and has operated for
9 at least 2 years; and (iii) received and expended cash funds
10 in Illinois in the previous fiscal year in the amount of at
11 least $200,000 for the provision of civil legal services.
12 "Department" means the Illinois Department of
13 Agriculture.
14 "Director" means the Illinois Director of Agriculture.
15 (Source: P.A. 87-123.)
16 (30 ILCS 765/15) (from Ch. 5, par. 2050-15)
17 Sec. 15. Foundation; distribution of funds to legal
18 information centers, regional legal services hotlines,
19 dispute resolution centers, self-help assistance desks, or
20 civil legal services providers.
21 (a) The Foundation shall establish and administer the
22 Illinois Equal Justice Fund. The Fund consists of all moneys
23 remitted to the Foundation under the terms of this Act. The
24 Foundation must deposit all moneys received under this Act
25 into interest-bearing accounts. Administration and
26 distribution of these funds by the Foundation does not alter
27 their character as public funds or alter the fiduciary
28 responsibilities attendant to the administration of public
29 funds.
30 (b) The Foundation may annually retain a portion of the
31 amounts it receives under this Section, not to exceed 5% of
32 the amounts received by the Foundation under this Act, to
33 reimburse the Foundation for the actual cost of administering
SB331 Enrolled -7- LRB9100872MWgcC
1 grants and making the distributions required under this Act
2 during that year.
3 (c) The distribution of moneys available after
4 administrative costs shall be made by the Foundation in the
5 following manner:
6 (1) The Foundation shall distribute moneys to legal
7 information centers that have demonstrated or demonstrate
8 an ability to provide the services described in Section
9 10 of this Act and that otherwise comply with the
10 requirements of this Act with the objective that one or
11 more legal information centers will be operated in each
12 judicial circuit of this State.
13 (2) The Foundation shall distribute funds to
14 regional legal services hotlines that have demonstrated
15 or demonstrate an ability to provide the services
16 described in Section 10 of this Act and that otherwise
17 comply with the requirements of this Act.
18 (3) The Foundation shall distribute funds to
19 self-help assistance desks that have demonstrated or
20 demonstrate an ability to provide the services described
21 in Section 10 of this Act and that otherwise comply with
22 the requirements of this Act.
23 (4) The Foundation shall distribute funds to
24 dispute resolution centers that have demonstrated or
25 demonstrate compliance with the requirements of Section 5
26 of the Illinois Not-For-Profit Dispute Resolution Center
27 Act.
28 (5) The Foundation shall distribute funds to
29 qualified civil legal services providers operating in one
30 or more counties within this State. The Foundation shall
31 determine the amounts to be distributed to each qualified
32 civil legal services provider based upon the following
33 criteria:
34 (A) the number of eligible clients served and
SB331 Enrolled -8- LRB9100872MWgcC
1 the nature of the civil legal services caseload of
2 each qualified civil legal services provider
3 compared to all other qualified civil legal services
4 providers in this State;
5 (B) the qualified civil legal services
6 provider's satisfactory compliance with Section 50
7 of this Act; and
8 (C) the qualified civil legal services
9 provider's general compliance with the following
10 standards:
11 (i) the quality, feasibility, and
12 cost-effectiveness of the civil legal services
13 provider's legal services as evidenced by,
14 among other things, the experience of the civil
15 legal services provider's staff with the
16 delivery of the type of legal assistance
17 contemplated under the proposal; compatibility
18 with the American Bar Association's Standards
19 for Providers of Civil Legal Services for the
20 Poor, where applicable; the civil legal
21 services provider's compliance experience with
22 other funding sources or regulatory agencies,
23 including but not limited to federal or State
24 agencies, bar associations or foundations,
25 courts, IOLTA programs, and private
26 foundations; the reputations of the civil legal
27 services provider's principals and key staff;
28 and the civil legal services provider's
29 capacity to ensure continuity in representation
30 of eligible clients with pending matters,
31 including pending matters referred from other
32 legal services providers;
33 (ii) the civil legal services provider's
34 knowledge of the various components of the
SB331 Enrolled -9- LRB9100872MWgcC
1 legal services delivery system in the State and
2 its willingness to coordinate with them as
3 appropriate, including its capacity to:
4 (I) develop and increase resources
5 from funds other than those provided under
6 this Act; and
7 (II) cooperate with State and local
8 bar associations, private attorneys, and
9 pro bono programs to increase the
10 involvement of private attorneys in the
11 delivery of legal assistance and the
12 availability of pro bono legal services to
13 eligible clients; and
14 (iii) the civil legal services provider's
15 knowledge and willingness to cooperate with
16 other civil legal services providers, community
17 groups, public interest organizations, and
18 human services providers in a manner that is
19 consistent with the Illinois Rules of
20 Professional Conduct.
21 (d) The Foundation must give annual notice of the amount
22 of moneys available for distribution; the procedure by which
23 legal information centers, regional legal services hotlines,
24 dispute resolution centers, self-help assistance desks, and
25 qualified civil legal services providers can apply for
26 moneys; and the schedule for review and distribution of
27 moneys under this Act.
28 (e) The governing board of the Foundation may adopt
29 regulations and procedures necessary to implement and enforce
30 this Act and to ensure that the moneys allocated under this
31 Act are used to provide services to persons in accordance
32 with the terms of this Act.
33 In adopting the regulations, the governing board must
34 comply with the following procedures:
SB331 Enrolled -10- LRB9100872MWgcC
1 (1) the governing board must publish a preliminary
2 draft of the regulations and procedures that must be
3 distributed, together with notice of the comment period,
4 to members of the Foundation, potential recipients of
5 moneys, and other interested parties that the Foundation
6 considers appropriate; and
7 (2) the governing board must allow a reasonable
8 time period for affected and interested parties to
9 present written comment regarding the proposed
10 regulations and procedures before the governing board
11 adopts final regulations and procedures.
12 (f) The Foundation shall make payments to recipients on
13 a calendar-year basis in quarterly installments. services.
14 The Foundation shall:
15 (a) Operate a lawyer referral service that will
16 facilitate and fund direct consultation between farmers and
17 lawyers on farm-related matters, and give preference to the
18 request of a qualifying farmer for referral to an eligible
19 lawyer of the qualifying farmer's choice.
20 (b) Provide funds to other not-for-profit legal
21 assistance providers in this State to assist in establishing
22 programs to furnish legal services to farmers on farm-related
23 matters.
24 (c) Provide technical assistance and create and
25 encourage educational programs relating to legal programs of
26 Illinois farmers.
27 (Source: P.A. 87-123.)
28 (30 ILCS 765/20) (from Ch. 5, par. 2050-20)
29 Sec. 20. Other powers and duties of the Foundation.
30 (a) The Foundation may make, enter into, and
31 execute contracts, agreements, leases, and other
32 instruments with any person, including without limitation
33 any federal, State, or local governmental agency, and may
SB331 Enrolled -11- LRB9100872MWgcC
1 take other actions that may be necessary or convenient to
2 accomplish any purpose authorized by this Act.
3 (b) The Foundation may also undertake directly, or
4 by grant or contract, the following activities to assist
5 legal information centers, regional legal services
6 hotlines, dispute resolution centers, self-help
7 assistance desks, and qualified civil legal services
8 providers:
9 (1) provide research, training, and technical
10 assistance; and
11 (2) serve as a clearinghouse for information.
12 (Source: P.A. 87-123.)
13 (30 ILCS 765/25) (from Ch. 5, par. 2050-25)
14 Sec. 25. Acceptance of funds. Any assets, moneys, or
15 grants presently possessed by the Foundation shall be
16 retained by the Foundation and shall be used for the purposes
17 of this Act. The Department of Agriculture is empowered to
18 make grants of funds to the Foundation to be used for the
19 purpose of this Act. The Foundation has the authority to
20 receive and accept any and all grants, loans, subsidies,
21 matching funds, reimbursements, federal grant moneys, fees
22 for services, and other things of value from the federal or
23 State government or any agency of any other state or from any
24 institution, person, firm, or corporation, public or private,
25 to be used to carry out the purposes of this Act.
26 (Source: P.A. 87-123.)
27 (30 ILCS 765/35) (from Ch. 5, par. 2050-35)
28 Sec. 35. Reports.
29 (a) Each recipient of moneys under this Act must
30 annually submit a report to the Foundation. This report must
31 include (i) either (A) an audit of the funds received from
32 the Foundation by a certified public accountant or (B) a
SB331 Enrolled -12- LRB9100872MWgcC
1 fiscal review approved by the Foundation setting forth the
2 manner and amount of expenditures made with the funds
3 received from the Foundation and (ii) a description of the
4 programs on which they were expended. The reports are public
5 records available for inspection upon request.
6 (b) The governing board of the Foundation must prepare
7 an annual report to the Governor, the President of the
8 Senate, the Minority Leader of the Senate, the Speaker of the
9 House of Representatives, the Minority Leader of the House of
10 Representatives, and the Justices of the Illinois Supreme
11 Court. The report must include (i) a statement of the total
12 receipts and a breakdown by source during each of the
13 previous 2 calendar years, (ii) a list of the names and
14 addresses of the recipients that are currently receiving
15 funds and that received funds in the previous year and the
16 amounts committed to recipients for the current year and paid
17 in the previous year, (iii) a breakdown of the amounts paid
18 during the previous year to recipients and the amounts
19 committed to each recipient for the current year, (iv) a
20 breakdown of the Foundation's costs in administering the
21 Fund, and (v) a statement of the Fund balance at the start
22 and at the close of the previous calendar-year and the
23 interest earned during the previous calendar-year. The
24 report must include any notices the Foundation issued denying
25 applications for moneys under this Act. The report, in its
26 entirety, is a public record, and the Foundation and the
27 Governor shall make the report available for inspection upon
28 request.
29 Report. The Foundation shall submit a report detailing
30 its operations and accounting for its use of grant funds, the
31 number of farmers served under this Act and the type of
32 services performed, the number of mediations performed and
33 the results of the mediations to the Governor, the President
34 of the Senate, the Speaker of the House of Representatives,
SB331 Enrolled -13- LRB9100872MWgcC
1 the Attorney General and the Director of the Department of
2 Agriculture on or before January 1 of each year.
3 (Source: P.A. 87-123.)
4 (30 ILCS 765/40 new)
5 Sec. 40. Limitations on use of funds. No funds made
6 available to a recipient may be used for the purpose of (i)
7 lobbying; (ii) encouraging political activities, labor or
8 anti-labor activities, boycotts, picketing, strikes, or
9 demonstrations; or (iii) investigative or legal compliance
10 activities unrelated to a pending dispute. A recipient may
11 not use funds received under this Act to file an individual
12 action or class action under the Migrant and Seasonal
13 Agricultural Worker Protection Act (29 U.S.C. 1801 and
14 following) or other labor laws.
15 (30 ILCS 765/45 new)
16 Sec. 45. Responsibilities of recipients. With respect
17 to the provision of services funded under this Act, each
18 recipient shall ensure the following:
19 (1) the maintenance of quality service and, where
20 applicable, compliance with the Illinois Rules of
21 Professional Conduct; and
22 (2) compliance with this Act in the expenditure of
23 funds.
24 (30 ILCS 765/50 new)
25 Sec. 50. Termination of funds; procedures.
26 (a) The Foundation may suspend or terminate funds it has
27 authorized under this Act upon its determination that a
28 recipient is not operating in compliance with the
29 requirements of this Act.
30 (b) An action by the Foundation proposing to suspend or
31 to terminate an existing grant of funds under this Act may
SB331 Enrolled -14- LRB9100872MWgcC
1 not become final until the recipient has been afforded notice
2 of the proposed action and the opportunity to be heard in
3 accordance with the procedures established by the Foundation.
4
5 (30 ILCS 765/30 rep.)
6 Section 30. The Illinois Farm Legal Assistance Act is
7 amended by repealing Section 30.
8 Section 95. Severability. The provisions of this
9 amendatory Act of the 91st General Assembly are severable
10 under Section 1.31 of the Statues on Statutes.
SB331 Enrolled -15- 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 30 ILCS 765/30 rep.
[ Top ]