CROSS-DART-SCOTT-BIGGERT-SCULLY, ERWIN AND MEYER.
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:
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
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 0
END OF INQUIRY
Full Text Bill Status