House Sponsors: CROSS-DART-SCOTT-BIGGERT-SCULLY, ERWIN AND MEYER. Short description: EQUAL JUSTICE ASSISTANCE ACT Synopsis of Bill as introduced: 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. HOUSE AMENDMENT NO. 1. Adds reference to: New Act Deletes reference to: 30 ILCS 765/1 30 ILCS 765/5 30 ILCS 765/10 30 ILCS 765/15 30 ILCS 765/20 30 ILCS 765/25 30 ILCS 765/35 30 ILCS 765/40 new 30 ILCS 765/45 new 30 ILCS 765/50 new 30 ILCS 765/60 new 30 ILCS 765/65 new 30 ILCS 765/30 rep. Deletes everything. Creates the Illinois Equal Justice Assistance Act. Reinserts provisions of the bill as introduced as a new Act (now amending the Illinois Farm legal Assistance Act). In the definition of "civil legal services", clarifies that the legal representation or advice shall be provided for non-criminal or traffic matters that either (i) are pending in courts in Illinois or (ii) have a reasonable potential for court action in Illinois based on the nature of the matter at issue, provided, however, representation and advice in traffic matters shall not include representation in formal court proceedings. Provides that the reports shall be available for inspection and shall include, within the statement of total receipts for each of the previous 2 calendar years, a breakdown by source of the receipts. Provides that a recipient may not use funds received under this Act to influence the passage or defeat of any legislation, constitutional amendment, referendum, initiative, or any similar procedure of the Congress or a State or local legislative body. This includes payment for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, administrative expense, or related expense associated with this prohibited activity. Provides that the clerks of the Appellate Courts, the circuit courts, and the Supreme Court shall remit monthly all amounts collected from the Illinois Equal Justice Fund surcharge to the State Treasurer who shall disburse the amounts monthly to the Illinois Equal Justice Foundation for deposit into the Illinois Equal Justice Fund (now the clerks remit the amounts directly to the Foundation for deposit into the Fund). Provides that intangible personal property held in a lawyer's trust account that has remained unclaimed by the owner for more than 5 years after it became payable or distributable shall be remitted to the State Treasurer who shall disburse the amounts monthly to the Foundation for deposit into the Fund (now remitted directly to the Foundation for deposit into the Fund). Provides that in all counties the clerk of the circuit court shall charge and collect the surcharge for petty offenses under the Illinois Vehicle Code or a similar local ordinance or a local ordinance governing the standing or parking of motor vehicles (now misdemeanor traffic cases). Makes other stylistic changes. STATE MANDATES FISCAL NOTE, H-AM 1 HB 425, as amended by H-am 1, fails to create a State mandate. FISCAL NOTE, H-AM 1 (Admin. Office of Ill. Courts) It is not possible to determine the amount of total fee and checkoff revenue or the amount of disbursements from the Ill. Equal Justice Foundation. JUDICIAL NOTE, H-AM 1 It is not possible to determine what impact the bill will have on the need to increase the number of judges in the state. HOUSE AMENDMENT NO. 2. Deletes reference to: 30 ILCS 105/5.449 new 35 ILCS 5/507R new 35 ILCS 5/509 35 ILCS 5/510 705 ILCS 25/19 new 705 ILCS 105/27.3d new 705 ILCS 105/28.5 new 765 ILCS 1025/9 Deletes everything. Creates the Illinois Equal Justice Assistance Act. Creates a short title only. Last action on Bill: SESSION SINE DIE Last action date: 99-01-12 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 0 END OF INQUIRY Full Text Bill Status