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90_HB0425
SEE INDEX
Amends the Illinois Farm Legal Assistance Act. Changes
the short title of the Act to the Illinois Equal Justice
Assistance Act. Deletes all references to the Department of
Agriculture. Deletes current provisions concerning
legislative findings and reports under the Act. Changes the
name of the Foundation operating under the Act from the
Illinois Farm Legal Assistance Foundation to the Illinois
Equal Justice Foundation. Provides for the powers of the
Foundation. Provides for distribution of the Illinois Equal
Justice Fund to qualifying civil legal services providers.
Amends the State Finance Act to create the Illinois Equal
Justice Fund. Amends the Illinois Income Tax Act to create a
tax checkoff for the Illinois Equal Justice Fund. Amends the
Appellate Court Act and the Clerks of Courts Act to provide
for an Illinois Equal Justice Fund surcharge. Provides that
in the appellate courts and the Illinois Supreme Court, the
surcharges shall be set by Supreme Court Rule. Provides
surcharge fees for circuit courts. Provides that the clerks
shall collect the surcharges imposed by this amendatory Act
in the manner in which all other fees or charges are
collected. Provides for monthly remittance of the surcharges
collected to the Illinois Equal Justice Foundation for
deposit into the Illinois Equal Justice Fund. Provides that
the provisions of this amendatory Act are severable.
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LRB9001738KDks
1 AN ACT concerning legal assistance, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Farm Legal Assistance Act is
5 amended by changing the title of the Act and Sections 1, 5,
6 10, 15, 20, 25, and 35 and adding Sections 40, 45, 50, 60,
7 and 65 as follows:
8 (30 ILCS 765/1) (from Ch. 5, par. 2050-1)
9 Sec. 1. Short title. This Act may be cited as the
10 Illinois Equal Justice Farm Legal Assistance Act.
11 (Source: P.A. 87-123.)
12 (30 ILCS 765/5) (from Ch. 5, par. 2050-5)
13 Sec. 5. Legislative findings; purpose. The General
14 Assembly finds that:
15 (a) There is a compelling unmet need for civil legal
16 services as demonstrated by the fact that comprehensive
17 studies have found that only 20% of the legal needs of the
18 poor are being met.
19 (b) The courts are the primary forum where the State's
20 and nation's goal of equal justice for all is realized, and
21 that essential to the abiding realization of that goal is
22 the public's perception of the fairness of the courts and
23 the judicial system.
24 (c) The goal of equal justice for all is compromised and
25 the public's faith in the fairness and integrity of the
26 judicial system is undermined when one party to a dispute is
27 represented by counsel and the other party is not and when
28 other individuals are unable to access the courts at all
29 because they cannot pay for counsel.
30 (d) The courts are overburdened by large numbers of
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1 annual filings, and this burden on litigants, counsel, the
2 judiciary, and the court system itself is substantially
3 increased by the existence of cases where one or more parties
4 is unrepresented by counsel, resulting in a more expensive
5 and protracted process.
6 (e) The maintenance, operation, and actual and perceived
7 fairness of the courts is significantly enhanced when all
8 parties to a dispute have access to legal counsel who may
9 guide the litigants through settlement or other alternatives
10 to litigation. Individuals unable to obtain legal
11 representation cause all parties in the court system to
12 experience backlogs and delays, often resulting in multiple
13 court appearances, lengthier court appearances than would
14 otherwise be necessary for all parties, or both. When all
15 parties to a dispute are represented by counsel, the parties
16 proceed in a more productive and efficient manner, thereby
17 reducing the number of cases the courts must manage and
18 reducing unnecessary backlogs and delays for all litigants
19 in the court system.
20 (f) The assessment, collection, and distribution of fees
21 under this Act expands the availability of civil legal
22 services, is in the public interest, and enhances the
23 administration of justice and the courts.
24 (g) The use of the fees for the purposes prescribed by
25 this Act is consistent with the essential functions of the
26 courts., in the agricultural economy, many farmers are unable
27 to afford necessary legal services to deal with financial and
28 other personal problems. It is one of the purposes of this
29 Act to provide short-term legal assistance to address the
30 special legal needs of farmers.
31 (Source: P.A. 87-123.)
32 (30 ILCS 765/10) (from Ch. 5, par. 2050-10)
33 Sec. 10. Definitions. For the purposes of this Act:
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1 "Foundation" means the Illinois Equal Justice Farm Legal
2 Assistance Foundation, a not-for-profit corporation created
3 by the Illinois State Bar Association and the Chicago Bar
4 Association.
5 "Civil legal services" means legal representation or
6 advice in non-criminal or traffic matters provided to persons
7 who have been found eligible under financial eligibility
8 guidelines established by the civil legal services provider.
9 "Civil legal services provider" means a not-for-profit
10 corporation that is: (1) tax exempt under Section 501(a) of
11 the Internal Code as a 501(c)(3) organization; (2)
12 established for the purpose of providing civil legal
13 services; and (3) either: (i) employs one or more attorneys
14 who are licensed to practice law in the State of Illinois and
15 who directly provide civil legal services or (ii) provides
16 civil legal services by an organized panel of pro bono
17 attorneys.
18 "Eligible client" means a person who has been found
19 financially eligible for civil legal services by a civil
20 legal services provider.
21 "Pro bono attorney" means an attorney who is
22 self-employed, or employed by an entity other than a legal
23 services provider, and who represents eligible clients
24 without charge under the auspices of a civil legal services
25 provider.
26 "Recipient" means a qualified civil legal services
27 provider receiving funds under this Act.
28 "Department" means the Illinois Department of
29 Agriculture.
30 "Director" means the Illinois Director of Agriculture.
31 (Source: P.A. 87-123.)
32 (30 ILCS 765/15) (from Ch. 5, par. 2050-15)
33 Sec. 15. Foundation; distribution of funds to civil
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1 legal services providers.
2 (a) The Foundation shall establish and administer the
3 Illinois Equal Justice Fund. The Fund shall consist of all
4 moneys remitted to the Foundation in accordance with the
5 terms of this Act. The Foundation shall deposit all moneys
6 received under this Act into interest bearing accounts.
7 Administration and distribution of the grants by the
8 Foundation does not alter their character as public funds nor
9 alter the fiduciary responsibilities attendant to the
10 administration of public funds.
11 (b) The Foundation may annually retain a portion of the
12 amounts it receives under this Section to reimburse the
13 Foundation for the actual cost of administering grants and
14 making the distributions required under this Act during that
15 year, but in no event shall the amount of this reimbursement
16 exceed 5% of the amounts received by the Foundation under
17 this Act for that year.
18 (c) The distribution of funds available after
19 administrative costs shall be made by the Foundation in the
20 following manner:
21 (1) The Foundation shall distribute its funds to
22 qualified civil legal services providers operating in
23 one or more counties within the State of Illinois.
24 (2) The Foundation shall determine the amounts to
25 be distributed to each qualified civil legal services
26 provider based upon the following criteria:
27 (A) where applicable, the qualified civil
28 legal services provider's status as an entity
29 funded by the Legal Services Corporation;
30 (B) the number of clients served and the
31 nature of the civil legal services caseload of each
32 qualified civil legal services provider compared to
33 all other qualified civil legal services providers
34 in the State of Illinois;
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1 (C) the qualified civil legal services
2 provider's satisfactory compliance with Section 45
3 of this Act; and
4 (D) the qualified civil legal services
5 provider's general compliance with the following
6 standards:
7 (i) the quality, feasibility, and cost-
8 effectiveness of the applicants's legal
9 services delivery approach as evidenced by,
10 among other things, the experience of the
11 applicant's staff with the delivery of the
12 type of legal assistance contemplated under
13 the proposal; compatibility with the American
14 Bar Association's Standards for Providers of
15 Civil Legal Services for the Poor, where
16 applicable; the applicant's compliance
17 experience with other funding sources or
18 regulatory agencies, including but not limited
19 to federal or State agencies, bar associations
20 or foundations, courts, Interest on Lawyers
21 Trust Accounts programs, and private
22 foundations; the reputations of the applicant's
23 principals and key staff; and the applicant's
24 capacity to ensure continuity in
25 representation of eligible clients with
26 pending matters, including pending matters
27 referred from other legal services providers.
28 (ii) the applicant's knowledge of the
29 various components of the legal services
30 delivery system in the State and its
31 willingness to coordinate with them as
32 appropriate, including its capacity to:
33 (I) develop and increase resources
34 from funds other than those provided
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1 under this Act; and
2 (II) cooperate with State and local
3 bar associations, private attorneys, and
4 pro bono programs to increase the
5 involvement of private attorneys in the
6 delivery of legal assistance and the
7 availability of pro bono legal services
8 to eligible clients; and
9 (iii) the applicant's knowledge and
10 willingness to cooperate with other civil
11 legal services providers, community groups,
12 public interest organizations, and human
13 services providers in a manner that is
14 consistent with the Illinois Rules of
15 Professional Conduct.
16 (3) The Foundation shall give annual notice of the
17 amount of funds available for distribution, the
18 procedure by which qualified civil legal services
19 providers can apply for funds, and the schedule for
20 review and distribution of funds under this Act.
21 (4) The governing board of the Foundation shall
22 adopt regulations and procedures necessary to implement
23 and enforce this Act and to ensure that the funds
24 allocated under this Act are used to provide civil legal
25 services to persons found to be eligible clients under
26 this Act.
27 In adopting the regulations, the governing board
28 shall comply with the following procedures:
29 (i) the governing board shall publish a
30 preliminary draft of the regulations and
31 procedures, which shall be distributed,
32 together with notice of the comment period, to
33 members of the Foundation, potential
34 recipients of funds, and other interested
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1 parties that the Foundation considers
2 appropriate; and
3 (ii) the governing board shall allow a
4 reasonable time period for affected and
5 interested parties to present written comment
6 regarding the proposed regulations and
7 procedures before the governing board adopts
8 final regulations and procedures.
9 (5) The Foundation shall make payments to
10 recipients on a calendar-year basis in quarterly
11 installments. services. The Foundation shall:
12 (a) Operate a lawyer referral service that will
13 facilitate and fund direct consultation between farmers and
14 lawyers on farm-related matters, and give preference to the
15 request of a qualifying farmer for referral to an eligible
16 lawyer of the qualifying farmer's choice.
17 (b) Provide funds to other not-for-profit legal
18 assistance providers in this State to assist in establishing
19 programs to furnish legal services to farmers on farm-related
20 matters.
21 (c) Provide technical assistance and create and
22 encourage educational programs relating to legal programs of
23 Illinois farmers.
24 (Source: P.A. 87-123.)
25 (30 ILCS 765/20) (from Ch. 5, par. 2050-20)
26 Sec. 20. Powers and duties of the Foundation; other
27 powers. The Foundation may make, enter into, and execute
28 contracts, agreements, leases, and other instruments with any
29 person, including without limitation any federal, State, or
30 local governmental agency, and may take other actions that
31 may be necessary or convenient to accomplish any purpose
32 authorized by this Act.
33 (Source: P.A. 87-123.)
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1 (30 ILCS 765/25) (from Ch. 5, par. 2050-25)
2 Sec. 25. Foundation; acceptance of funds. Any assets,
3 moneys, or grants presently possessed by the Foundation shall
4 be retained by the Foundation and shall be used for the
5 purposes of this Act. The Department of Agriculture is
6 empowered to make grants of funds to the Foundation to be
7 used for the purpose of this Act. The Foundation has the
8 authority to receive and accept any and all grants, loans,
9 subsidies, matching funds, reimbursements, federal grant
10 moneys, fees for services, and other things of value from the
11 federal or State government or any agency of any other state
12 or from any institution, person, firm, or corporation, public
13 or private, to be used to carry out the purposes of this Act.
14 (Source: P.A. 87-123.)
15 (30 ILCS 765/35) (from Ch. 5, par. 2050-35)
16 Sec. 35. Reports. Report.
17 (a) Each recipient of funds for the provision of civil
18 legal services under this Act shall annually submit a report
19 to the Foundation. This report shall include either: (i)
20 an audit of the funds received from the Foundation by a
21 certified public accountant or (ii) a fiscal review approved
22 by the Foundation setting forth the manner and amount of
23 expenditures made with the funds received from the
24 Foundation and a description of the programs on which they
25 were expended. The reports shall be public records available
26 upon request.
27 (b) The governing board of the Foundation shall prepare
28 an annual report to the Governor, the Senate President, the
29 Senate Minority Leader, the Speaker of the House of
30 Representatives, the Minority Leader of the House of
31 Representatives, and the Justices of the Illinois Supreme
32 Court. The report shall include (i) a statement of the total
33 receipts during the previous 2 calendar years; (ii) a list of
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1 the names and addresses of the qualified civil legal services
2 providers that are currently receiving funds and that
3 received funds in the previous year, and the amounts
4 committed to civil legal providers for the current year and
5 paid in the previous year; (iii) a breakdown of the amounts
6 paid during the previous year to civil legal services
7 providers, and the amounts committed to each civil legal
8 services provider for the current year; (iv) a breakdown of
9 the Foundation's costs in administering the Fund; and (v) a
10 statement of the Fund balance at the start and at the close
11 of the previous calendar year and the interest earned during
12 the previous calendar year. The report shall include any
13 notices the Foundation issued denying applications for funds
14 under this Act. The report, in its entirety, shall be a
15 public record and shall be made available by the Foundation
16 and the Governor upon request. The Foundation shall submit a
17 report detailing its operations and accounting for its use of
18 grant funds, the number of farmers served under this Act and
19 the type of services performed, the number of mediations
20 performed and the results of the mediations to the Governor,
21 the President of the Senate, the Speaker of the House of
22 Representatives, the Attorney General and the Director of the
23 Department of Agriculture on or before January 1 of each
24 year.
25 (Source: P.A. 87-123.)
26 (30 ILCS 765/40 new)
27 Sec. 40. Qualified legal service providers. A civil
28 legal services provider qualifies for and is entitled to
29 receive funds under this Act if it meets the following
30 criteria:
31 (1) it makes financial eligibility determinations before
32 providing civil legal services;
33 (2) it has demonstrated or demonstrates its commitment
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1 to the provision of high quality civil legal services to
2 eligible clients and has demonstrated or demonstrates the
3 viability of its continued operation; and
4 (3) it either: (a) received and expended cash funds in
5 Illinois in the previous fiscal year in the amount of at
6 least $50,000 for the provision of civil legal services, or
7 (b) it demonstrates its prospective ability to provide high
8 quality civil legal services to the indigent under the
9 criteria set forth in this Act.
10 (30 ILCS 765/45 new)
11 Sec. 45. Responsibilities of recipients. With respect
12 to the provision of civil legal services funded under this
13 Act, each recipient shall ensure all of the following:
14 (1) the maintenance of quality service and
15 compliance with the Illinois Rules of Professional
16 Conduct; and
17 (2) compliance with this Act in the expenditure of
18 funds received under this Act.
19 No restrictions from any other funding entity may be
20 applied to funds granted to a recipient by the Foundation.
21 (30 ILCS 765/50 new)
22 Sec. 50. Noninterference with attorneys.
23 (a) If an attorney employed by or acting under the
24 auspices of a recipient is providing civil legal services
25 that are funded in whole or in part by this Act, no person
26 may interfere with that attorney's carrying out his or her
27 professional responsibility to his or her client under the
28 Illinois Rules of Professional Conduct.
29 (b) No question of whether representation is authorized
30 or whether a client is eligible under this Act may be raised
31 or considered in or affect the disposition of any matter in
32 which a person is represented by an attorney employed by or
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1 acting under the auspices of a recipient of funds under this
2 Act. Any questions regarding these issues first must be
3 raised directly with the executive director of the
4 recipient, and if not resolved, then with the Foundation.
5 (30 ILCS 765/60 new)
6 Sec. 60. Termination of funds; procedures.
7 (a) The Foundation may suspend or terminate funds it has
8 authorized under this Act upon its determination that a
9 recipient is not operating in compliance with the
10 requirements of this Act.
11 (b) An action by the Foundation proposing to suspend or
12 to terminate an existing grant of funds under this Act may
13 not become final until the recipient has been afforded notice
14 of the proposed action and the opportunity to be heard in
15 accordance with the procedures established by the Foundation.
16 (30 ILCS 765/65 new)
17 Sec. 65. No other restrictions. Nothing in this Act
18 shall be construed to impose any limitations on a
19 recipient's use of funds received from a source other than
20 the Foundation.
21 Section 10. The State Finance Act is amended by adding
22 Section 5.449 as follows:
23 (30 ILCS 105/5.449 new)
24 Sec. 5.449. The Illinois Equal Justice Fund.
25 Section 15. The Illinois Income Tax Act is amended by
26 adding Section 507R and by changing Sections 509 and 510 as
27 follows:
28 (35 ILCS 5/507R new)
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1 Sec. 507R. Illinois Equal Justice Fund checkoff. The
2 Department shall print on its standard individual income tax
3 form a provision indicating that if the taxpayer wishes to
4 contribute to the Illinois Equal Justice Fund, as authorized
5 by this amendatory Act of 1997, he or she may do so by
6 stating the amount of the contribution (not less than $1) on
7 the return and that the contribution will reduce the
8 taxpayer's refund or increase the amount of payment to
9 accompany the return. Failure to remit any amount of
10 increased payment shall reduce the contribution accordingly.
11 This Section shall not apply to any amended return.
12 (35 ILCS 5/509) (from Ch. 120, par. 5-509)
13 Sec. 509. Tax checkoff explanations. All individual
14 income tax return forms shall contain appropriate
15 explanations and spaces to enable the taxpayers to designate
16 contributions to the Child Abuse Prevention Fund, to the
17 Community Health Center Care Fund, to the Illinois Wildlife
18 Preservation Fund as required by the Illinois Non-Game
19 Wildlife Protection Act, to the Alzheimer's Disease Research
20 Fund as required by the Alzheimer's Disease Research Act, to
21 the Assistance to the Homeless Fund as required by this Act,
22 to the Heritage Preservation Fund as required by the Heritage
23 Preservation Act, to the Child Care Expansion Program Fund as
24 required by the Child Care Expansion Program Act, to the Ryan
25 White AIDS Victims Assistance Fund, to the Assistive
26 Technology for Persons with Disabilities Fund, to the
27 Domestic Violence Shelter and Service Fund, to the United
28 States Olympians Assistance Fund, to the Youth Drug Abuse
29 Prevention Fund, to the Persian Gulf Conflict Veterans Fund,
30 to the Literacy Advancement Fund, to the Ryan White Pediatric
31 and Adult AIDS Fund, to the Illinois Special Olympics
32 Checkoff Fund, to the Breast and Cervical Cancer Research
33 Fund, to the Korean War Memorial Fund, to the Heart Disease
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1 Treatment and Prevention Fund, to the Hemophilia Treatment
2 Fund, to the Women in Military Service Memorial Fund, to the
3 Illinois Equal Justice Fund, and to the Meals on Wheels Fund.
4 Each form shall contain a statement that the contributions
5 will reduce the taxpayer's refund or increase the amount of
6 payment to accompany the return. Failure to remit any amount
7 of increased payment shall reduce the contribution
8 accordingly.
9 If, on October 1 of any year, the total contributions to
10 any one of the funds made under this Section do not equal
11 $100,000 or more, the explanations and spaces for designating
12 contributions to the fund shall be removed from the
13 individual income tax return forms for the following and all
14 subsequent years and all subsequent contributions to the fund
15 shall be refunded to the taxpayer.
16 (Source: P.A. 88-85; 88-130; 88-459; 88-666, eff. 9-16-94;
17 88-670, eff. 12-2-94; 89-230, eff. 1-1-96; 89-324, eff.
18 8-13-95.)
19 (35 ILCS 5/510) (from Ch. 120, par. 5-510)
20 Sec. 510. Determination of amounts contributed. The
21 Department shall determine the total amount contributed to
22 each of the following: the Child Abuse Prevention Fund, the
23 Illinois Wildlife Preservation Fund, the Community Health
24 Center Care Fund, the Assistance to the Homeless Fund, the
25 Alzheimer's Disease Research Fund, the Heritage Preservation
26 Fund, the Child Care Expansion Program Fund, the Ryan White
27 AIDS Victims Assistance Fund, the Assistive Technology for
28 Persons with Disabilities Fund, the Domestic Violence Shelter
29 and Service Fund, the United States Olympians Assistance
30 Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf
31 Conflict Veterans Fund, the Literacy Advancement Fund, the
32 Ryan White Pediatric and Adult AIDS Fund, the Illinois
33 Special Olympics Checkoff Fund, the Breast and Cervical
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1 Cancer Research Fund, the Korean War Memorial Fund, the Heart
2 Disease Treatment and Prevention Fund, the Hemophilia
3 Treatment Fund, the Women in Military Service Memorial Fund,
4 the Illinois Equal Justice Fund, and the Meals on Wheels
5 Fund; and shall notify the State Comptroller and the State
6 Treasurer of the amounts to be transferred from the General
7 Revenue Fund to each fund, and upon receipt of such
8 notification the State Treasurer and Comptroller shall
9 transfer the amounts.
10 (Source: P.A. 88-85; 88-130; 88-459; 88-666, eff. 9-16-94;
11 88-670, eff. 12-2-94; 89-230, eff. 1-1-96; 89-324, eff.
12 8-13-95.)
13 Section 20. The Appellate Court Act is amended by adding
14 Section 19 as follows:
15 (705 ILCS 25/19 new)
16 Sec. 19. Illinois Equal Justice Fund surcharge. The
17 clerks of the Appellate Courts shall collect any surcharges
18 imposed by Supreme Court Rule for the Illinois Equal Justice
19 Fund in the manner in which the clerks collect all other fees
20 and charges. The clerks shall remit monthly all amounts
21 collected under this Section to the Illinois Equal Justice
22 Foundation for deposit into the Illinois Equal Justice Fund.
23 Section 25. The Clerks of Courts Act is amended by
24 adding Sections 27.3d and 28.5 as follows:
25 (705 ILCS 105/27.3d new)
26 Sec. 27.3d. Fee; collection and remittance.
27 (a) The clerk of the circuit court of each county having
28 a population of 3,000,000 or more shall charge and collect
29 an Illinois Equal Justice Fund surcharge in all civil cases.
30 (1) For filing a civil case or for a confession of
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1 judgment, the surcharge shall be $6, except as follows:
2 if the amount in controversy does not exceed $250, the
3 surcharge shall be $1; if the amount in controversy is
4 at least $250 but does not exceed $1,000, the surcharge
5 shall be $2; if the amount in controversy is at least
6 $1,000 but does not exceed $2,500, the surcharge shall be
7 $3; if the amount in controversy is at least $2,500 but
8 does not exceed $5,000, the surcharge shall be $4; and
9 if the amount in controversy is at least $5,000 but does
10 not exceed $15,000, the surcharge shall be $5.
11 (2) For filing a forcible entry and detainer case,
12 the surcharge shall be $4 when the plaintiff seeks
13 possession only or unites with his or her claim for
14 possession of the property a claim for rent or damages
15 or both in the amount of $15,000 or less. When the
16 plaintiff unites his or her claim for possession with a
17 claim for rent or damages or both exceeding $15,000, the
18 surcharge shall be $6.
19 (3) For filing a probate case, the surcharge shall
20 be $2 except as follows: for filing a probate case for
21 administration of an estate of a decedent or missing
22 person in which the value of real and personal property
23 exceeds $15,000, the surcharge shall be $6; and for
24 filing a probate case for administration of the estate
25 of a ward in which the value of real and personal
26 property exceeds $15,000, the surcharge shall be $4.
27 (4) For appearing in a civil action, the surcharge
28 shall be $5, except as follows: in a probate case, the
29 surcharge shall be $2 unless subparagraph (D) of
30 paragraph (3) of subsection (v) of Section 27.2a of this
31 Act is applicable, in which case no surcharge shall be
32 charged; in a forcible entry case or a case where the
33 amount in controversy does not exceed $1,500, the
34 surcharge shall be $1; and if the amount in controversy
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1 is at least $1,500 but does not exceed $15,000, the
2 surcharge shall be $2.
3 (5) The surcharge shall be in addition to all other
4 surcharges and charges of the clerk, shall be assessable
5 as costs, and shall be paid by each party at the time
6 the party files his or her first pleading in all civil
7 cases. The surcharge shall not be charged in any
8 proceeding commenced by or on behalf of the State or any
9 State agency or by a unit of local government, nor shall
10 the surcharge be charged in any proceeding to modify,
11 vacate, or enforce an existing order or judgment.
12 (b) In all counties having a population of at least
13 650,000 but not more than 3,000,000, the clerk of the
14 circuit court shall charge and collect an Illinois Equal
15 Justice Fund surcharge in all civil cases.
16 (1) For filing a civil case or for a confession of
17 judgment, the surcharge shall be $6, except as follows:
18 if the amount in controversy does not exceed $250, the
19 surcharge shall be $1; if the amount in controversy is
20 at least $250 but does not exceed $1,000, the surcharge
21 shall be $2; if the amount in controversy is at least
22 $1,000 but does not exceed $2,500, the surcharge shall be
23 $3; if the amount in controversy is at least $2,500 but
24 does not exceed $5,000, the surcharge shall be $4; and
25 if the amount in controversy is at least $5,000 but does
26 not exceed $15,000, the surcharge shall be $5.
27 (2) For filing a forcible entry and detainer case,
28 the surcharge shall be $4 when the plaintiff seeks
29 possession only or unites with his or her claim for
30 possession of the property a claim for rent or damages
31 or both in the amount of $15,000 or less. When the
32 plaintiff unites his or her claim for possession with a
33 claim for rent or damages or both exceeding $15,000, the
34 surcharge shall be $6.
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1 (3) For filing a probate case, the surcharge shall
2 be $2 except as follows: for filing a probate case for
3 administration of an estate of a decedent or missing
4 person in which the value of real and personal property
5 exceeds $15,000, the surcharge shall be $6; and for
6 filing a probate case for administration of the estate
7 of a ward in which the value of real and personal
8 property exceeds $15,000, the surcharge shall be $4.
9 (4) For appearing in a civil action, the surcharge
10 shall be $5, except as follows: in a probate case, the
11 surcharge shall be $2 unless subparagraph (D) of
12 paragraph (3) of subsection (v) of Section 27.2a of this
13 Act is applicable, in which case no surcharge shall be
14 charged; in a forcible entry case or a case where the
15 amount in controversy does not exceed $1,500, the
16 surcharge shall be $1; and if the amount in controversy
17 is at least $1,500 but does not exceed $15,000, the
18 surcharge shall be $2.
19 (5) The surcharge shall be in addition to all other
20 surcharges and charges of the clerk, shall be assessable
21 as costs, and shall be paid by each party at the time
22 the party files his or her first pleading in all civil
23 cases. The surcharge shall not be charged in any
24 proceeding commenced by or on behalf of the State or any
25 State agency or by a unit of local government, nor shall
26 the surcharge be charged in any proceeding to modify,
27 vacate, or enforce an existing order or judgment.
28 (c) In all counties having a population of at least
29 180,000 but not more than 650,000, the clerk of the circuit
30 court shall charge and collect an Illinois Equal Justice
31 Fund surcharge in all civil cases.
32 (1) For filing a civil case or for a confession of
33 judgment, the surcharge shall be $6, except as follows:
34 if the amount in controversy does not exceed $250, the
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1 surcharge shall be $1; if the amount in controversy is
2 at least $250 but does not exceed $1,000, the surcharge
3 shall be $2; if the amount in controversy is at least
4 $1,000 but does not exceed $2,500, the surcharge shall be
5 $3; if the amount in controversy is at least $2,500 but
6 does not exceed $5,000, the surcharge shall be $4; and
7 if the amount in controversy is at least $5,000 but does
8 not exceed $15,000, the surcharge shall be $5.
9 (2) For filing a forcible entry and detainer case,
10 the surcharge shall be $4 when the plaintiff seeks
11 possession only or unites with his or her claim for
12 possession of the property a claim for rent or damages
13 or both in the amount of $15,000 or less. When the
14 plaintiff unites his or her claim for possession with a
15 claim for rent or damages or both exceeding $15,000, the
16 surcharge shall be $6.
17 (3) For filing a probate case, the surcharge shall
18 be $2 except as follows: for filing a probate case for
19 administration of an estate of a decedent or missing
20 person in which the value of real and personal property
21 exceeds $15,000, the surcharge shall be $6; and for
22 filing a probate case for administration of the estate
23 of a ward in which the value of real and personal
24 property exceeds $15,000, the surcharge shall be $4.
25 (4) For appearing in a civil action, the surcharge
26 shall be $5, except as follows: in a probate case, the
27 surcharge shall be $2 unless subparagraph (D) of
28 paragraph (3) of subsection (v) of Section 27.2a of this
29 Act is applicable, in which case no surcharge shall be
30 charged; in a forcible entry case or a case where the
31 amount in controversy does not exceed $1,500, the
32 surcharge shall be $1; and if the amount in controversy
33 is at least $1,500 but does not is at least $15,000, the
34 surcharge shall be $2.
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1 (5) The surcharge shall be in addition to all other
2 fees, surcharges, and charges of the clerk, shall be
3 assessable as costs, and shall be paid by each party at
4 the time the party files his or her first pleading in
5 all civil cases. The surcharge shall not be charged in
6 any proceeding commenced by or on behalf of the State or
7 any State agency or by a unit of local government, nor
8 shall the surcharge be charged in any proceeding to
9 modify, vacate, or enforce an existing order or
10 judgment.
11 (d) In all counties, the clerk of the circuit court also
12 shall charge and collect an Illinois Equal Justice Fund
13 surcharge of $2 in misdemeanor traffic cases. This surcharge
14 shall be assessed against the defendant in misdemeanor
15 traffic cases upon a plea of guilty, stipulation of facts, or
16 finding of guilty, resulting in a judgment or conviction, or
17 order of supervision, or sentence of probation without entry
18 of judgment. No surcharge shall be imposed or collected,
19 however, in misdemeanor traffic cases in which fines are paid
20 without a court appearance.
21 (e) The clerk of the circuit court shall collect the
22 surcharges imposed under this Section in the manner in which
23 the clerk collects all other fees or charges. The clerk
24 shall remit monthly all amounts collected under this Section
25 to the Illinois Equal Justice Foundation for deposit into the
26 Illinois Equal Justice Fund.
27 (705 ILCS 105/28.5 new)
28 Sec. 28.5. Supreme Court Clerk; Illinois Equal Justice
29 Fund surcharge. The Clerk of the Supreme Court shall collect
30 any surcharges imposed by Supreme Court Rule for the
31 Illinois Equal Justice Fund in the manner in which the Clerk
32 collects all other fees and charges. The Clerk shall remit
33 monthly all amounts collected under this Section into the
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1 Illinois Equal Justice Foundation for deposit into the
2 Illinois Equal Justice Fund.
3 Section 30. The Uniform Disposition of Unclaimed
4 Property Act is amended by changing Section 9 as follows:
5 (765 ILCS 1025/9) (from Ch. 141, par. 109)
6 Sec. 9. All intangible personal property, not otherwise
7 covered by this Act, including any income or increment
8 thereon that the owner would be entitled to and deducting any
9 lawful charges, that is held or owing in this State in the
10 ordinary course of the holder's business and has remained
11 unclaimed by the owner for more than 5 years after it became
12 payable or distributable is presumed abandoned. Before
13 reporting and delivering property as required under this Act,
14 a business association may deduct from the amount of
15 otherwise reportable intangible personal property the
16 economic loss suffered by it in connection with that
17 intangible personal property arising from transactions
18 involving the sale of tangible personal property at retail.
19 Except as provided in Section 10.5, this provision shall not
20 apply to intangible personal property held prior to October
21 1, 1968 by business associations. Property remitted to the
22 State pursuant to this Act, prior to the effective date of
23 this amendatory Act of 1982, shall not be affected by this
24 amendatory Act of 1982.
25 This Act shall not apply to abandoned funds held in a
26 lawyer's trust account established under Supreme Court
27 Rules. Intangible personal property held in a lawyer's trust
28 account established under Supreme Court Rules that has
29 remained unclaimed by the owner for more than 5 years after
30 it became payable or distributable shall be remitted to the
31 Illinois Equal Justice Foundation for deposit into the
32 Illinois Equal Justice Fund.
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1 (Source: P.A. 87-925; 88-435.)
2 (30 ILCS 765/30 rep.)
3 Section 35. The Illinois Farm Legal Assistance Act is
4 amended by repealing Section 30.
5 Section 40. Severability. The provisions of this
6 amendatory Act of 1997 are severable under Section 1.31 of
7 the Statues on Statutes.
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1 INDEX
2 Statutes amended in order of appearance
3 30 ILCS 765/1 from Ch. 5, par. 2050-1
4 30 ILCS 765/5 from Ch. 5, par. 2050-5
5 30 ILCS 765/10 from Ch. 5, par. 2050-10
6 30 ILCS 765/15 from Ch. 5, par. 2050-15
7 30 ILCS 765/20 from Ch. 5, par. 2050-20
8 30 ILCS 765/25 from Ch. 5, par. 2050-25
9 30 ILCS 765/35 from Ch. 5, par. 2050-35
10 30 ILCS 765/40 new
11 30 ILCS 765/45 new
12 30 ILCS 765/50 new
13 30 ILCS 765/60 new
14 30 ILCS 765/65 new
15 30 ILCS 105/5.449 new
16 35 ILCS 5/507R new
17 35 ILCS 5/509 from Ch. 120, par. 5-509
18 35 ILCS 5/510 from Ch. 120, par. 5-510
19 705 ILCS 25/19 new
20 705 ILCS 105/27.3d new
21 705 ILCS 105/28.5 new
22 765 ILCS 1025/9 from Ch. 141, par. 109
23 30 ILCS 765/30 rep.