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91_SB0331eng
SB331 Engrossed 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
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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
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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
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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
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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 or traffic matters provided to
12 eligible clients.
13 "Civil legal services provider" means a not-for-profit
14 corporation that (i) is exempt from the payment of federal
15 income tax pursuant to Section 501(c)(3) of the Internal
16 Revenue Code, (ii) is established for the purpose of
17 providing legal services that include civil legal services,
18 and (iii) either (A) employs 4 or more full-time attorneys
19 who are licensed to practice law in the State of Illinois and
20 who directly provide civil legal services or (B) provides
21 civil legal services through an organized panel of pro bono
22 attorneys.
23 "Eligible client" means an individual, not a business
24 entity, who is involved in a non-criminal or traffic matter,
25 who has been found financially eligible for civil legal
26 services by a civil legal services provider, and who has an
27 annual income that does not exceed 150% of the prevailing
28 poverty guidelines issued by the United States Department of
29 Health and Human Services.
30 "Pro bono attorney" means an attorney who is
31 self-employed, or employed by an entity other than a civil
32 legal services provider, and who represents eligible clients
33 without charge under the auspices of a civil legal services
34 provider.
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1 "Recipient" means a legal information center, regional
2 legal services hotline, self-help assistance desk, dispute
3 resolution center, or qualified civil legal services provider
4 receiving moneys under this Act.
5 "Qualified civil legal services provider" means a civil
6 legal services provider that (i) makes financial eligibility
7 determinations before providing civil legal services; (ii)
8 has demonstrated its commitment to the provision of high
9 quality civil legal services to clients and has operated for
10 at least 2 years; and (iii) received and expended cash funds
11 in Illinois in the previous fiscal year in the amount of at
12 least $200,000 for the provision of civil legal services.
13 "Department" means the Illinois Department of
14 Agriculture.
15 "Director" means the Illinois Director of Agriculture.
16 (Source: P.A. 87-123.)
17 (30 ILCS 765/15) (from Ch. 5, par. 2050-15)
18 Sec. 15. Foundation; distribution of funds to legal
19 information centers, regional legal services hotlines,
20 dispute resolution centers, self-help assistance desks, or
21 civil legal services providers.
22 (a) The Foundation shall establish and administer the
23 Illinois Equal Justice Fund. The Fund consists of all moneys
24 remitted to the Foundation under the terms of this Act. The
25 Foundation must deposit all moneys received under this Act
26 into interest-bearing accounts. Administration and
27 distribution of these funds by the Foundation does not alter
28 their character as public funds or alter the fiduciary
29 responsibilities attendant to the administration of public
30 funds.
31 (b) The Foundation may annually retain a portion of the
32 amounts it receives under this Section, not to exceed 5% of
33 the amounts received by the Foundation under this Act, to
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1 reimburse the Foundation for the actual cost of administering
2 grants and making the distributions required under this Act
3 during that year.
4 (c) The distribution of moneys available after
5 administrative costs shall be made by the Foundation in the
6 following manner:
7 (1) The Foundation shall distribute moneys to legal
8 information centers that have demonstrated or demonstrate
9 an ability to provide the services described in Section
10 10 of this Act and that otherwise comply with the
11 requirements of this Act with the objective that one or
12 more legal information centers will be operated in each
13 judicial circuit of this State.
14 (2) The Foundation shall distribute funds to
15 regional legal services hotlines that have demonstrated
16 or demonstrate an ability to provide the services
17 described in Section 10 of this Act and that otherwise
18 comply with the requirements of this Act.
19 (3) The Foundation shall distribute funds to
20 self-help assistance desks that have demonstrated or
21 demonstrate an ability to provide the services described
22 in Section 10 of this Act and that otherwise comply with
23 the requirements of this Act.
24 (4) The Foundation shall distribute funds to
25 dispute resolution centers that have demonstrated or
26 demonstrate compliance with the requirements of Section 5
27 of the Illinois Not-For-Profit Dispute Resolution Center
28 Act.
29 (5) The Foundation shall distribute funds to
30 qualified civil legal services providers operating in one
31 or more counties within this State. The Foundation shall
32 determine the amounts to be distributed to each qualified
33 civil legal services provider based upon the following
34 criteria:
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1 (A) the number of eligible clients served and
2 the nature of the civil legal services caseload of
3 each qualified civil legal services provider
4 compared to all other qualified civil legal services
5 providers in this State;
6 (B) the qualified civil legal services
7 provider's satisfactory compliance with Section 50
8 of this Act; and
9 (C) the qualified civil legal services
10 provider's general compliance with the following
11 standards:
12 (i) the quality, feasibility, and
13 cost-effectiveness of the civil legal services
14 provider's legal services as evidenced by,
15 among other things, the experience of the civil
16 legal services provider's staff with the
17 delivery of the type of legal assistance
18 contemplated under the proposal; compatibility
19 with the American Bar Association's Standards
20 for Providers of Civil Legal Services for the
21 Poor, where applicable; the civil legal
22 services provider's compliance experience with
23 other funding sources or regulatory agencies,
24 including but not limited to federal or State
25 agencies, bar associations or foundations,
26 courts, IOLTA programs, and private
27 foundations; the reputations of the civil legal
28 services provider's principals and key staff;
29 and the civil legal services provider's
30 capacity to ensure continuity in representation
31 of eligible clients with pending matters,
32 including pending matters referred from other
33 legal services providers;
34 (ii) the civil legal services provider's
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1 knowledge of the various components of the
2 legal services delivery system in the State and
3 its willingness to coordinate with them as
4 appropriate, including its capacity to:
5 (I) develop and increase resources
6 from funds other than those provided under
7 this Act; and
8 (II) cooperate with State and local
9 bar associations, private attorneys, and
10 pro bono programs to increase the
11 involvement of private attorneys in the
12 delivery of legal assistance and the
13 availability of pro bono legal services to
14 eligible clients; and
15 (iii) the civil legal services provider's
16 knowledge and willingness to cooperate with
17 other civil legal services providers, community
18 groups, public interest organizations, and
19 human services providers in a manner that is
20 consistent with the Illinois Rules of
21 Professional Conduct.
22 (d) The Foundation must give annual notice of the amount
23 of moneys available for distribution; the procedure by which
24 legal information centers, regional legal services hotlines,
25 dispute resolution centers, self-help assistance desks, and
26 qualified civil legal services providers can apply for
27 moneys; and the schedule for review and distribution of
28 moneys under this Act.
29 (e) The governing board of the Foundation may adopt
30 regulations and procedures necessary to implement and enforce
31 this Act and to ensure that the moneys allocated under this
32 Act are used to provide services to persons in accordance
33 with the terms of this Act.
34 In adopting the regulations, the governing board must
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1 comply with the following procedures:
2 (1) the governing board must publish a preliminary
3 draft of the regulations and procedures that must be
4 distributed, together with notice of the comment period,
5 to members of the Foundation, potential recipients of
6 moneys, and other interested parties that the Foundation
7 considers appropriate; and
8 (2) the governing board must allow a reasonable
9 time period for affected and interested parties to
10 present written comment regarding the proposed
11 regulations and procedures before the governing board
12 adopts final regulations and procedures.
13 (f) The Foundation shall make payments to recipients on
14 a calendar-year basis in quarterly installments. services.
15 The Foundation shall:
16 (a) Operate a lawyer referral service that will
17 facilitate and fund direct consultation between farmers and
18 lawyers on farm-related matters, and give preference to the
19 request of a qualifying farmer for referral to an eligible
20 lawyer of the qualifying farmer's choice.
21 (b) Provide funds to other not-for-profit legal
22 assistance providers in this State to assist in establishing
23 programs to furnish legal services to farmers on farm-related
24 matters.
25 (c) Provide technical assistance and create and
26 encourage educational programs relating to legal programs of
27 Illinois farmers.
28 (Source: P.A. 87-123.)
29 (30 ILCS 765/20) (from Ch. 5, par. 2050-20)
30 Sec. 20. Other powers and duties of the Foundation.
31 (a) The Foundation may make, enter into, and
32 execute contracts, agreements, leases, and other
33 instruments with any person, including without limitation
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1 any federal, State, or local governmental agency, and may
2 take other actions that may be necessary or convenient to
3 accomplish any purpose authorized by this Act.
4 (b) The Foundation may also undertake directly, or
5 by grant or contract, the following activities to assist
6 legal information centers, regional legal services
7 hotlines, dispute resolution centers, self-help
8 assistance desks, and qualified civil legal services
9 providers:
10 (1) provide research, training, and technical
11 assistance; and
12 (2) serve as a clearinghouse for information.
13 (Source: P.A. 87-123.)
14 (30 ILCS 765/25) (from Ch. 5, par. 2050-25)
15 Sec. 25. Acceptance of funds. Any assets, moneys, or
16 grants presently possessed by the Foundation shall be
17 retained by the Foundation and shall be used for the purposes
18 of this Act. The Department of Agriculture is empowered to
19 make grants of funds to the Foundation to be used for the
20 purpose of this Act. The Foundation has the authority to
21 receive and accept any and all grants, loans, subsidies,
22 matching funds, reimbursements, federal grant moneys, fees
23 for services, and other things of value from the federal or
24 State government or any agency of any other state or from any
25 institution, person, firm, or corporation, public or private,
26 to be used to carry out the purposes of this Act.
27 (Source: P.A. 87-123.)
28 (30 ILCS 765/35) (from Ch. 5, par. 2050-35)
29 Sec. 35. Reports.
30 (a) Each recipient of moneys under this Act must
31 annually submit a report to the Foundation. This report must
32 include (i) either (A) an audit of the funds received from
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1 the Foundation by a certified public accountant or (B) a
2 fiscal review approved by the Foundation setting forth the
3 manner and amount of expenditures made with the funds
4 received from the Foundation and (ii) a description of the
5 programs on which they were expended. The reports are public
6 records available for inspection upon request.
7 (b) The governing board of the Foundation must prepare
8 an annual report to the Governor, the President of the
9 Senate, the Minority Leader of the Senate, the Speaker of the
10 House of Representatives, the Minority Leader of the House of
11 Representatives, and the Justices of the Illinois Supreme
12 Court. The report must include (i) a statement of the total
13 receipts and a breakdown by source during each of the
14 previous 2 calendar years, (ii) a list of the names and
15 addresses of the recipients that are currently receiving
16 funds and that received funds in the previous year and the
17 amounts committed to recipients for the current year and paid
18 in the previous year, (iii) a breakdown of the amounts paid
19 during the previous year to recipients and the amounts
20 committed to each recipient for the current year, (iv) a
21 breakdown of the Foundation's costs in administering the
22 Fund, and (v) a statement of the Fund balance at the start
23 and at the close of the previous calendar-year and the
24 interest earned during the previous calendar-year. The
25 report must include any notices the Foundation issued denying
26 applications for moneys under this Act. The report, in its
27 entirety, is a public record, and the Foundation and the
28 Governor shall make the report available for inspection upon
29 request.
30 Report. The Foundation shall submit a report detailing
31 its operations and accounting for its use of grant funds, the
32 number of farmers served under this Act and the type of
33 services performed, the number of mediations performed and
34 the results of the mediations to the Governor, the President
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1 of the Senate, the Speaker of the House of Representatives,
2 the Attorney General and the Director of the Department of
3 Agriculture on or before January 1 of each year.
4 (Source: P.A. 87-123.)
5 (30 ILCS 765/40 new)
6 Sec. 40. Limitations on use of funds. No funds made
7 available to a recipient may be used for the purpose of (i)
8 lobbying; (ii) encouraging political activities, labor or
9 anti-labor activities, boycotts, picketing, strikes, or
10 demonstrations; or (iii) investigative or legal compliance
11 activities unrelated to a pending dispute.
12 (30 ILCS 765/45 new)
13 Sec. 45. Responsibilities of recipients. With respect
14 to the provision of services funded under this Act, each
15 recipient shall ensure the following:
16 (1) the maintenance of quality service and, where
17 applicable, compliance with the Illinois Rules of
18 Professional Conduct; and
19 (2) compliance with this Act in the expenditure of
20 funds.
21 (30 ILCS 765/50 new)
22 Sec. 50. Termination of funds; procedures.
23 (a) The Foundation may suspend or terminate funds it has
24 authorized under this Act upon its determination that a
25 recipient is not operating in compliance with the
26 requirements of this Act.
27 (b) An action by the Foundation proposing to suspend or
28 to terminate an existing grant of funds under this Act may
29 not become final until the recipient has been afforded notice
30 of the proposed action and the opportunity to be heard in
31 accordance with the procedures established by the Foundation.
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1
2 Sec. 10. The Illinois Income Tax Act is amended by
3 adding Section 507U and by changing Sections 509 and 510 as
4 follows:
5 (35 ILCS 5/507U new)
6 Sec. 507U. Illinois Equal Justice Fund checkoff. The
7 Department shall print on its standard individual income tax
8 form a provision indicating that if the taxpayer wishes to
9 contribute to the Illinois Equal Justice Fund, as authorized
10 by this amendatory Act of the 91st General Assembly, he or
11 she may do so by stating the amount of the contribution (not
12 less than $1) on the return and that the contribution will
13 reduce the taxpayer's refund or increase the amount of
14 payment to accompany the return. Failure to remit any
15 amount of increased payment shall reduce the contribution
16 accordingly. This Section shall not apply to any amended
17 return.
18 (35 ILCS 5/509) (from Ch. 120, par. 5-509)
19 Sec. 509. Tax checkoff explanations. All individual
20 income tax return forms shall contain appropriate
21 explanations and spaces to enable the taxpayers to designate
22 contributions to the Child Abuse Prevention Fund, to the
23 Community Health Center Care Fund, to the Illinois Wildlife
24 Preservation Fund as required by the Illinois Non-Game
25 Wildlife Protection Act, to the Alzheimer's Disease Research
26 Fund as required by the Alzheimer's Disease Research Act, to
27 the Assistance to the Homeless Fund as required by this Act,
28 to the Heritage Preservation Fund as required by the Heritage
29 Preservation Act, to the Child Care Expansion Program Fund as
30 required by the Child Care Expansion Program Act, to the Ryan
31 White AIDS Victims Assistance Fund, to the Assistive
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1 Technology for Persons with Disabilities Fund, to the
2 Domestic Violence Shelter and Service Fund, to the United
3 States Olympians Assistance Fund, to the Youth Drug Abuse
4 Prevention Fund, to the Persian Gulf Conflict Veterans Fund,
5 to the Literacy Advancement Fund, to the Ryan White Pediatric
6 and Adult AIDS Fund, to the Illinois Special Olympics
7 Checkoff Fund, to the Breast and Cervical Cancer Research
8 Fund, to the Korean War Memorial Fund, to the Heart Disease
9 Treatment and Prevention Fund, to the Hemophilia Treatment
10 Fund, to the Mental Health Research Fund, to the Children's
11 Cancer Fund, to the American Diabetes Association Fund, to
12 the Women in Military Service Memorial Fund, to the Illinois
13 Equal Justice Fund, and to the Meals on Wheels Fund. Each
14 form shall contain a statement that the contributions will
15 reduce the taxpayer's refund or increase the amount of
16 payment to accompany the return. Failure to remit any amount
17 of increased payment shall reduce the contribution
18 accordingly.
19 If, on October 1 of any year, the total contributions to
20 any one of the funds made under this Section do not equal
21 $100,000 or more, the explanations and spaces for designating
22 contributions to the fund shall be removed from the
23 individual income tax return forms for the following and all
24 subsequent years and all subsequent contributions to the fund
25 shall be refunded to the taxpayer.
26 (Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95;
27 90-171, eff. 7-23-97; revised 10-31-98.)
28 (35 ILCS 5/510) (from Ch. 120, par. 5-510)
29 Sec. 510. Determination of amounts contributed. The
30 Department shall determine the total amount contributed to
31 each of the following: the Child Abuse Prevention Fund, the
32 Illinois Wildlife Preservation Fund, the Community Health
33 Center Care Fund, the Assistance to the Homeless Fund, the
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1 Alzheimer's Disease Research Fund, the Heritage Preservation
2 Fund, the Child Care Expansion Program Fund, the Ryan White
3 AIDS Victims Assistance Fund, the Assistive Technology for
4 Persons with Disabilities Fund, the Domestic Violence Shelter
5 and Service Fund, the United States Olympians Assistance
6 Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf
7 Conflict Veterans Fund, the Literacy Advancement Fund, the
8 Ryan White Pediatric and Adult AIDS Fund, the Illinois
9 Special Olympics Checkoff Fund, the Breast and Cervical
10 Cancer Research Fund, the Korean War Memorial Fund, the Heart
11 Disease Treatment and Prevention Fund, the Hemophilia
12 Treatment Fund, the Mental Health Research Fund, the
13 Children's Cancer Fund, the American Diabetes Association
14 Fund, the Women in Military Service Memorial Fund, the
15 Illinois Equal Justice Fund, and the Meals on Wheels Fund;
16 and shall notify the State Comptroller and the State
17 Treasurer of the amounts to be transferred from the General
18 Revenue Fund to each fund, and upon receipt of such
19 notification the State Treasurer and Comptroller shall
20 transfer the amounts.
21 (Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95;
22 90-171, eff. 7-23-97.)
23 (30 ILCS 765/30 rep.)
24 Section 30. The Illinois Farm Legal Assistance Act is
25 amended by repealing Section 30.
26 Section 95. Severability. The provisions of this
27 amendatory Act of the 91st General Assembly are severable
28 under Section 1.31 of the Statues on Statutes.
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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 30 ILCS 765/30 rep.
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