HB5069 101ST GENERAL ASSEMBLY

LRB101 17879 LNS 67315 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5069

Introduced 2/18/2020, by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:

710 ILCS 20/3	from Ch. 37, par. 853
710 ILCS 20/4	from Ch. 37, par. 854

Amends the Illinois Not-For-Profit Dispute Resolution Center Act. Changes the dispute resolution fund fee charged and collected by the clerks of the circuit court to $2 (rather than $1). Provides that in no event shall the disbursement to a dispute resolution center in one year exceed $300,000 (rather than $200,000).

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Not-For-Profit Dispute Resolution Center Act is amended by changing Sections 3 and 4 as follows:

(710 ILCS 20/3) (from Ch. 37, par. 853)

Sec. 3. (a) In judicial circuits which include a county with a population of over 2,000,000 inhabitants, a dispute resolution fund shall be established.

(b) In any other judicial circuit a dispute resolution fund shall be established upon a finding by the Chief Judge of the circuit that:

(1) A dispute resolution center would significantly enhance the administration of justice in that circuit; and

(2) A dispute resolution center exists or should be created in the judicial circuit.

(c) In each judicial circuit in which a dispute resolution fund is established, the clerks of the circuit court shall charge and collect a dispute resolution fund fee of $2 $1, such fee to be paid by the party initiating the action at the time of filing the first pleading in all civil cases. Such fees shall not be charged in any proceeding commenced by or on behalf of a unit of local government.

Such fees shall be in addition to all other fees and charges of such clerks, shall be assessable as costs, and shall be remitted by such clerks monthly to the county treasurers, and shall be disbursed monthly by the county treasurer to the dispute resolution fund established under this Section. Each such clerk shall commence such charges and collections upon receipt of written notice from the Chief Judge of the judicial circuit that a dispute resolution fund has been established.

(d) Each dispute resolution fund established under this Section shall be administered by the Chief Judge of the judicial circuit in which the fund is established.

(Source: P.A. 85-756.)

(710 ILCS 20/4) (from Ch. 37, par. 854)

Sec. 4. (a) Subject to the supervisory authority of the Supreme Court, the Chief Judge of each judicial circuit in which a dispute resolution fund has been established shall annually make grant disbursements from the fund to dispute resolution centers within the judicial circuit which meet the criteria in Section 4 of this Act.

(b) Disbursements by the Chief Judge shall be made to qualified dispute resolution centers within a judicial circuit based on each center's proportionate share of the total number of cases resolved by all qualified centers in that circuit during the year prior to application.

(c) In no event shall the disbursement to any dispute resolution center in one year exceed $300,000 $200,000. Any amounts collected under Section 3 but not disbursed in a particular year shall:

(1) in single-county judicial circuits, be paid to the county treasurer for the administration of justice in the judicial circuit; and

(2) in judicial circuits of more than one county, be paid to the county treasurers of each county of the judicial circuit for the administration of justice in the judicial circuit, in amounts in proportion to the amounts of the disbursements made by each of the county treasurers to the fund during the year.

(d) A dispute resolution center may accept funds from other public entities or private sources.

(Source: P.A. 85-756.)