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| [ Introduced ] | [ House Amendment 002 ] |
90_HB0425ham001
LRB9001738KDksam04
1 AMENDMENT TO HOUSE BILL 425
2 AMENDMENT NO. . Amend House Bill 425 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5 Illinois Equal Justice Assistance Act.
6 Section 5. Legislative findings; purpose. The General
7 Assembly finds that:
8 (a) There is a compelling unmet need for civil legal
9 services as demonstrated by the fact that comprehensive
10 studies have found that only 20% of the legal needs of the
11 poor are being met.
12 (b) The courts are the primary forum where the State's
13 and nation's goal of equal justice for all is realized, and
14 that essential to the abiding realization of that goal is
15 the public's perception of the fairness of the courts and
16 the judicial system.
17 (c) The goal of equal justice for all is compromised and
18 the public's faith in the fairness and integrity of the
19 judicial system is undermined when one party to a dispute is
20 represented by counsel and the other party is not and when
21 other individuals are unable to access the courts at all
22 because they cannot pay for counsel.
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1 (d) The courts are overburdened by large numbers of
2 annual filings, and this burden on litigants, counsel, the
3 judiciary, and the court system itself is substantially
4 increased by the existence of cases where one or more parties
5 is unrepresented by counsel, resulting in a more expensive
6 and protracted process.
7 (e) The maintenance, operation, and actual and perceived
8 fairness of the courts are significantly enhanced when all
9 parties to a dispute have access to legal counsel who may
10 guide the litigants through settlement or other alternatives
11 to litigation. Individuals unable to obtain legal
12 representation cause all parties in the court system to
13 experience backlogs and delays, often resulting in multiple
14 court appearances, lengthier court appearances than would
15 otherwise be necessary for all parties, or both. When all
16 parties to a dispute are represented by counsel, the parties
17 proceed in a more productive and efficient manner, thereby
18 reducing the number of cases the courts must manage and
19 reducing unnecessary backlogs and delays for all litigants
20 in the court system.
21 (f) The assessment, collection, and distribution of fees
22 under this Act expands the availability of civil legal
23 services, is in the public interest, and enhances the
24 administration of justice and the courts.
25 (g) The use of the fees for the purposes prescribed by
26 this Act is consistent with the essential functions of the
27 courts.
28 Section 10. Definitions. For the purposes of this Act:
29 "Foundation" means the Illinois Equal Justice Foundation,
30 a not-for-profit corporation created by the Illinois State
31 Bar Association and the Chicago Bar Association.
32 "Civil legal services" means legal representation or
33 advice that is (1) provided in non-criminal or traffic
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1 matters that either (a) are pending in courts located within
2 the State of Illinois or (b) have a reasonable potential for
3 court action within the State of Illinois based on the nature
4 of the matter at issue, provided, however, representation and
5 advice in traffic matters shall not include representation in
6 formal court proceedings, and (2) provided to persons who
7 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 through 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 Section 15. Foundation; distribution of funds to civil
29 legal services providers.
30 (a) The Foundation shall establish and administer the
31 Illinois Equal Justice Fund. The Fund shall consist of all
32 moneys remitted to the Foundation in accordance with the
33 terms of this Act. The Foundation shall deposit all moneys
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1 received under this Act into interest bearing accounts.
2 Administration and distribution of these funds by the
3 Foundation does not alter their character as public funds nor
4 alter the fiduciary responsibilities attendant to the
5 administration of public funds.
6 (b) The Foundation may annually retain a portion of the
7 amounts it receives under this Section to reimburse the
8 Foundation for the actual cost of administering grants and
9 making the distributions required under this Act during that
10 year, but in no event shall the amount of this reimbursement
11 exceed 5% of the amounts received by the Foundation under
12 this Act for that year.
13 (c) The distribution of funds available after
14 administrative costs shall be made by the Foundation in the
15 following manner:
16 (1) The Foundation shall distribute its funds to
17 qualified civil legal services providers operating in
18 one or more counties within the State of Illinois.
19 (2) The Foundation shall determine the amounts to
20 be distributed to each qualified civil legal services
21 provider based upon the following criteria:
22 (A) the number of clients served and the
23 nature of the civil legal services caseload of each
24 qualified civil legal services provider compared to
25 all other qualified civil legal services providers
26 in the State of Illinois;
27 (B) the qualified civil legal services
28 provider's satisfactory compliance with Section 45
29 of this Act;
30 (C) the qualified civil legal services
31 provider's general compliance with the following
32 standards:
33 (i) the quality, feasibility, and cost-
34 effectiveness of the applicant's legal services
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1 delivery approach as evidenced by, among other
2 things, the experience of the applicant's
3 staff with the delivery of the type of legal
4 assistance contemplated under the proposal;
5 compatibility with the American Bar
6 Association's Standards for Providers of Civil
7 Legal Services for the Poor, where applicable;
8 the applicant's compliance experience with
9 other funding sources or regulatory agencies,
10 including but not limited to federal or State
11 agencies, bar associations or foundations,
12 courts, Interest on Lawyers Trust Accounts
13 programs, and private foundations; the
14 reputations of the applicant's principals and
15 key staff; and the applicant's capacity to
16 ensure continuity in representation of eligible
17 clients with pending matters, including pending
18 matters referred from other legal services
19 providers.
20 (ii) the applicant's knowledge of the
21 various components of the legal services
22 delivery system in the State and its
23 willingness to coordinate with them as
24 appropriate, including its capacity to:
25 (I) develop and increase resources
26 from funds other than those provided
27 under this Act; and
28 (II) cooperate with State and local
29 bar associations, private attorneys, and
30 pro bono programs to increase the
31 involvement of private attorneys in the
32 delivery of legal assistance and the
33 availability of pro bono legal services
34 to eligible clients; and
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1 (iii) the applicant's knowledge and
2 willingness to cooperate with other civil
3 legal services providers, community groups,
4 public interest organizations, and human
5 services providers in a manner that is
6 consistent with the Illinois Rules of
7 Professional Conduct; and
8 (D) where applicable, the qualified civil
9 legal services provider's status as an entity
10 funded by the Legal Services Corporation.
11 (3) The Foundation shall give annual notice of the
12 amount of funds available for distribution, the
13 procedure by which qualified civil legal services
14 providers can apply for funds, and the schedule for
15 review and distribution of funds under this Act.
16 (4) The governing board of the Foundation shall
17 adopt regulations and procedures necessary to implement
18 and enforce this Act and to ensure that the funds
19 allocated under this Act are used to provide civil legal
20 services to persons found to be eligible clients under
21 this Act.
22 In adopting the regulations, the governing board
23 shall comply with the following procedures:
24 (i) the governing board shall publish a
25 preliminary draft of the regulations and
26 procedures, which shall be distributed,
27 together with notice of the comment period, to
28 members of the Foundation, potential recipients
29 of funds, and other interested parties that the
30 Foundation considers appropriate; and
31 (ii) the governing board shall allow a
32 reasonable time period for affected and
33 interested parties to present written comment
34 regarding the proposed regulations and
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1 procedures before the governing board adopts
2 final regulations and procedures.
3 (5) The Foundation shall make payments to
4 recipients on a calendar-year basis in quarterly
5 installments.
6 Section 20. Foundation; other powers. The Foundation may
7 make, enter into, and execute contracts, agreements, leases,
8 and other instruments with any person, including without
9 limitation any federal, State, or local governmental agency,
10 and may take other actions that may be necessary or
11 convenient to accomplish any purpose authorized by this Act.
12 Section 25. Foundation; acceptance of funds. The
13 Foundation has the authority to receive and accept any and
14 all grants, loans, subsidies, matching funds, reimbursements,
15 federal grant moneys, fees for services, and other things of
16 value from the federal or State government or any agency of
17 any other state or from any institution, person, firm, or
18 corporation, public or private, to be used to carry out the
19 purposes of this Act.
20 Section 30. Reports.
21 (a) Each recipient of funds for the provision of civil
22 legal services under this Act shall annually submit a report
23 to the Foundation. This report shall include either: (i)
24 an audit of the funds received from the Foundation by a
25 certified public accountant or (ii) a fiscal review approved
26 by the Foundation setting forth the manner and amount of
27 expenditures made with the funds received from the
28 Foundation and a description of the programs on which they
29 were expended. The reports shall be public records available
30 for inspection upon request.
31 (b) The governing board of the Foundation shall prepare
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1 an annual report to the Governor, the Senate President, the
2 Senate Minority Leader, the Speaker of the House of
3 Representatives, the Minority Leader of the House of
4 Representatives, and the Justices of the Illinois Supreme
5 Court. The report shall include (i) a statement of the total
6 receipts and a breakdown by source during each of the
7 previous 2 calendar years; (ii) a list of the names and
8 addresses of the qualified civil legal services providers
9 that are currently receiving funds and that received funds in
10 the previous year, and the amounts committed to civil legal
11 providers for the current year and paid in the previous year;
12 (iii) a breakdown of the amounts paid during the previous
13 year to civil legal services providers, and the amounts
14 committed to each civil legal services provider for the
15 current year; (iv) a breakdown of the Foundation's costs in
16 administering the Fund; and (v) a statement of the Fund
17 balance at the start and at the close of the previous
18 calendar year and the interest earned during the previous
19 calendar year. The report shall include any notices the
20 Foundation issued denying applications for funds under this
21 Act. The report, in its entirety, shall be a public record
22 and shall be made available for inspection by the Foundation
23 and the Governor upon request.
24 Section 35. Qualified legal service providers. A civil
25 legal services provider qualifies for and is entitled to
26 receive funds under this Act if it meets the following
27 criteria:
28 (1) it makes financial eligibility determinations before
29 providing civil legal services;
30 (2) it has demonstrated or demonstrates its commitment
31 to the provision of high quality civil legal services to
32 eligible clients and has demonstrated or demonstrates the
33 viability of its continued operation; and
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1 (3) it either: (a) received and expended cash funds in
2 Illinois in the previous fiscal year in the amount of at
3 least $50,000 for the provision of civil legal services, or
4 (b) it demonstrates its prospective ability to provide high
5 quality civil legal services to the indigent under the
6 criteria set forth in this Act.
7 Section 40. Responsibilities of recipients. With respect
8 to the provision of civil legal services funded under this
9 Act, each recipient shall ensure all of the following:
10 (1) the maintenance of quality service and
11 compliance with the Illinois Rules of Professional
12 Conduct; and
13 (2) compliance with this Act in the expenditure of
14 funds received under this Act.
15 No restrictions from any other funding entity may be
16 applied to funds granted to a recipient by the Foundation.
17 Section 45. Noninterference with attorneys.
18 (a) If an attorney employed by or acting under the
19 auspices of a recipient is providing civil legal services
20 that are funded in whole or in part by this Act, no person
21 may interfere with that attorney's carrying out his or her
22 professional responsibility to his or her client under the
23 Illinois Rules of Professional Conduct.
24 (b) No question of whether representation is authorized
25 or whether a client is eligible under this Act may be raised
26 or considered in or affect the disposition of any matter in
27 which a person is represented by an attorney employed by or
28 acting under the auspices of a recipient of funds under this
29 Act. Any questions regarding these issues first must be
30 raised directly with the executive director of the recipient,
31 and if not resolved, then with the Foundation.
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1 Section 50. Termination of funds; procedures.
2 (a) The Foundation may suspend or terminate funds it has
3 authorized under this Act upon its determination that a
4 recipient is not operating in compliance with the
5 requirements of this Act.
6 (b) An action by the Foundation proposing to suspend or
7 to terminate an existing grant of funds under this Act may
8 not become final until the recipient has been afforded notice
9 of the proposed action and the opportunity to be heard in
10 accordance with the procedures established by the Foundation.
11 Section 55. No other restrictions. Nothing in this Act
12 shall be construed to impose any limitations on a
13 recipient's use of funds received from a source other than
14 the Foundation. A recipient may not use funds received under
15 this Act to influence the passage or defeat of any
16 legislation, constitutional amendment, referendum,
17 initiative, or any similar procedure of the Congress or a
18 State or local legislative body. This includes payment for
19 any personal service, advertisement, telegram, telephone
20 communication, letter, printed or written matter,
21 administrative expense, or related expense associated with
22 this prohibited activity.
23 Section 70. The State Finance Act is amended by adding
24 Section 5.449 as follows:
25 (30 ILCS 105/5.449 new)
26 Sec. 5.449. The Illinois Equal Justice Fund.
27 Section 75. The Illinois Income Tax Act is amended by
28 adding Section 507R and by changing Sections 509 and 510 as
29 follows:
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1 (35 ILCS 5/507R new)
2 Sec. 507R. Illinois Equal Justice Fund checkoff. The
3 Department shall print on its standard individual income tax
4 form a provision indicating that if the taxpayer wishes to
5 contribute to the Illinois Equal Justice Fund, as authorized
6 by this amendatory Act of 1997, he or she may do so by
7 stating the amount of the contribution (not less than $1) on
8 the return and that the contribution will reduce the
9 taxpayer's refund or increase the amount of payment to
10 accompany the return. Failure to remit any amount of
11 increased payment shall reduce the contribution accordingly.
12 This Section shall not apply to any amended return.
13 (35 ILCS 5/509) (from Ch. 120, par. 5-509)
14 Sec. 509. Tax checkoff explanations. All individual
15 income tax return forms shall contain appropriate
16 explanations and spaces to enable the taxpayers to designate
17 contributions to the Child Abuse Prevention Fund, to the
18 Community Health Center Care Fund, to the Illinois Wildlife
19 Preservation Fund as required by the Illinois Non-Game
20 Wildlife Protection Act, to the Alzheimer's Disease Research
21 Fund as required by the Alzheimer's Disease Research Act, to
22 the Assistance to the Homeless Fund as required by this Act,
23 to the Heritage Preservation Fund as required by the Heritage
24 Preservation Act, to the Child Care Expansion Program Fund as
25 required by the Child Care Expansion Program Act, to the Ryan
26 White AIDS Victims Assistance Fund, to the Assistive
27 Technology for Persons with Disabilities Fund, to the
28 Domestic Violence Shelter and Service Fund, to the United
29 States Olympians Assistance Fund, to the Youth Drug Abuse
30 Prevention Fund, to the Persian Gulf Conflict Veterans Fund,
31 to the Literacy Advancement Fund, to the Ryan White Pediatric
32 and Adult AIDS Fund, to the Illinois Special Olympics
33 Checkoff Fund, to the Breast and Cervical Cancer Research
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1 Fund, to the Korean War Memorial Fund, to the Heart Disease
2 Treatment and Prevention Fund, to the Hemophilia Treatment
3 Fund, to the Women in Military Service Memorial Fund, to the
4 Illinois Equal Justice Fund, and to the Meals on Wheels Fund.
5 Each form shall contain a statement that the contributions
6 will reduce the taxpayer's refund or increase the amount of
7 payment to accompany the return. Failure to remit any amount
8 of increased payment shall reduce the contribution
9 accordingly.
10 If, on October 1 of any year, the total contributions to
11 any one of the funds made under this Section do not equal
12 $100,000 or more, the explanations and spaces for designating
13 contributions to the fund shall be removed from the
14 individual income tax return forms for the following and all
15 subsequent years and all subsequent contributions to the fund
16 shall be refunded to the taxpayer.
17 (Source: P.A. 88-85; 88-130; 88-459; 88-666, eff. 9-16-94;
18 88-670, eff. 12-2-94; 89-230, eff. 1-1-96; 89-324, eff.
19 8-13-95.)
20 (35 ILCS 5/510) (from Ch. 120, par. 5-510)
21 Sec. 510. Determination of amounts contributed. The
22 Department shall determine the total amount contributed to
23 each of the following: the Child Abuse Prevention Fund, the
24 Illinois Wildlife Preservation Fund, the Community Health
25 Center Care Fund, the Assistance to the Homeless Fund, the
26 Alzheimer's Disease Research Fund, the Heritage Preservation
27 Fund, the Child Care Expansion Program Fund, the Ryan White
28 AIDS Victims Assistance Fund, the Assistive Technology for
29 Persons with Disabilities Fund, the Domestic Violence Shelter
30 and Service Fund, the United States Olympians Assistance
31 Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf
32 Conflict Veterans Fund, the Literacy Advancement Fund, the
33 Ryan White Pediatric and Adult AIDS Fund, the Illinois
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1 Special Olympics Checkoff Fund, the Breast and Cervical
2 Cancer Research Fund, the Korean War Memorial Fund, the Heart
3 Disease Treatment and Prevention Fund, the Hemophilia
4 Treatment Fund, the Women in Military Service Memorial Fund,
5 the Illinois Equal Justice Fund, and the Meals on Wheels
6 Fund; and shall notify the State Comptroller and the State
7 Treasurer of the amounts to be transferred from the General
8 Revenue Fund to each fund, and upon receipt of such
9 notification the State Treasurer and Comptroller shall
10 transfer the amounts.
11 (Source: P.A. 88-85; 88-130; 88-459; 88-666, eff. 9-16-94;
12 88-670, eff. 12-2-94; 89-230, eff. 1-1-96; 89-324, eff.
13 8-13-95.)
14 Section 80. The Appellate Court Act is amended by adding
15 Section 19 as follows:
16 (705 ILCS 25/19 new)
17 Sec. 19. Illinois Equal Justice Fund surcharge. The
18 clerks of the Appellate Courts shall collect any surcharges
19 imposed by Supreme Court Rule for the Illinois Equal Justice
20 Fund in the manner in which the clerks collect all other fees
21 and charges. The clerks shall remit monthly all amounts
22 collected under this Section to the State Treasurer who shall
23 disburse these amounts monthly to the Illinois Equal Justice
24 Foundation for deposit into the Illinois Equal Justice Fund.
25 Section 85. The Clerks of Courts Act is amended by
26 adding Sections 27.3d and 28.5 as follows:
27 (705 ILCS 105/27.3d new)
28 Sec. 27.3d. Fee; collection and remittance.
29 (a) The clerk of the circuit court of each county having
30 a population of 3,000,000 or more shall charge and collect
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1 an Illinois Equal Justice Fund surcharge in all civil cases.
2 (1) For filing a civil case or for a confession of
3 judgment, the surcharge shall be $6, except as follows:
4 if the amount in controversy does not exceed $250, the
5 surcharge shall be $1; if the amount in controversy is
6 at least $250 but does not exceed $1,000, the surcharge
7 shall be $2; if the amount in controversy is at least
8 $1,000 but does not exceed $2,500, the surcharge shall be
9 $3; if the amount in controversy is at least $2,500 but
10 does not exceed $5,000, the surcharge shall be $4; and
11 if the amount in controversy is at least $5,000 but does
12 not exceed $15,000, the surcharge shall be $5.
13 (2) For filing a forcible entry and detainer case,
14 the surcharge shall be $4 when the plaintiff seeks
15 possession only or unites with his or her claim for
16 possession of the property a claim for rent or damages
17 or both in the amount of $15,000 or less. When the
18 plaintiff unites his or her claim for possession with a
19 claim for rent or damages or both exceeding $15,000, the
20 surcharge shall be $6.
21 (3) For filing a probate case, the surcharge shall
22 be $2 except as follows: for filing a probate case for
23 administration of an estate of a decedent or missing
24 person in which the value of real and personal property
25 exceeds $15,000, the surcharge shall be $6; and for
26 filing a probate case for administration of the estate
27 of a ward in which the value of real and personal
28 property exceeds $15,000, the surcharge shall be $4.
29 (4) For appearing in a civil action, the surcharge
30 shall be $5, except as follows: in a probate case, the
31 surcharge shall be $2 unless subparagraph (D) of
32 paragraph (3) of subsection (v) of Section 27.2a of this
33 Act is applicable, in which case no surcharge shall be
34 charged; in a forcible entry case or a case where the
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1 amount in controversy does not exceed $1,500, the
2 surcharge shall be $1; and if the amount in controversy
3 is at least $1,500 but does not exceed $15,000, the
4 surcharge shall be $2.
5 (5) The surcharge shall be in addition to all other
6 surcharges and charges of the clerk, shall be assessable
7 as costs, and shall be paid by each party at the time
8 the party files his or her first pleading in all civil
9 cases. The surcharge shall not be charged in any
10 proceeding commenced by or on behalf of the State or any
11 State agency or by a unit of local government, nor shall
12 the surcharge be charged in any proceeding to modify,
13 vacate, or enforce an existing order or judgment.
14 (b) In all counties having a population of at least
15 650,000 but not more than 3,000,000, the clerk of the
16 circuit court shall charge and collect an Illinois Equal
17 Justice Fund surcharge in all civil cases.
18 (1) For filing a civil case or for a confession of
19 judgment, the surcharge shall be $6, except as follows:
20 if the amount in controversy does not exceed $250, the
21 surcharge shall be $1; if the amount in controversy is
22 at least $250 but does not exceed $1,000, the surcharge
23 shall be $2; if the amount in controversy is at least
24 $1,000 but does not exceed $2,500, the surcharge shall be
25 $3; if the amount in controversy is at least $2,500 but
26 does not exceed $5,000, the surcharge shall be $4; and
27 if the amount in controversy is at least $5,000 but does
28 not exceed $15,000, the surcharge shall be $5.
29 (2) For filing a forcible entry and detainer case,
30 the surcharge shall be $4 when the plaintiff seeks
31 possession only or unites with his or her claim for
32 possession of the property a claim for rent or damages
33 or both in the amount of $15,000 or less. When the
34 plaintiff unites his or her claim for possession with a
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1 claim for rent or damages or both exceeding $15,000, the
2 surcharge shall be $6.
3 (3) For filing a probate case, the surcharge shall
4 be $2 except as follows: for filing a probate case for
5 administration of an estate of a decedent or missing
6 person in which the value of real and personal property
7 exceeds $15,000, the surcharge shall be $6; and for
8 filing a probate case for administration of the estate
9 of a ward in which the value of real and personal
10 property exceeds $15,000, the surcharge shall be $4.
11 (4) For appearing in a civil action, the surcharge
12 shall be $5, except as follows: in a probate case, the
13 surcharge shall be $2 unless subparagraph (D) of
14 paragraph (3) of subsection (v) of Section 27.2a of this
15 Act is applicable, in which case no surcharge shall be
16 charged; in a forcible entry case or a case where the
17 amount in controversy does not exceed $1,500, the
18 surcharge shall be $1; and if the amount in controversy
19 is at least $1,500 but does not exceed $15,000, the
20 surcharge shall be $2.
21 (5) The surcharge shall be in addition to all other
22 surcharges and charges of the clerk, shall be assessable
23 as costs, and shall be paid by each party at the time
24 the party files his or her first pleading in all civil
25 cases. The surcharge shall not be charged in any
26 proceeding commenced by or on behalf of the State or any
27 State agency or by a unit of local government, nor shall
28 the surcharge be charged in any proceeding to modify,
29 vacate, or enforce an existing order or judgment.
30 (c) In all counties having a population of at least
31 180,000 but not more than 650,000, the clerk of the circuit
32 court shall charge and collect an Illinois Equal Justice
33 Fund surcharge in all civil cases.
34 (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 is at least $15,000, the
2 surcharge shall be $2.
3 (5) The surcharge shall be in addition to all other
4 fees, surcharges, and charges of the clerk, shall be
5 assessable as costs, and shall be paid by each party at
6 the time the party files his or her first pleading in
7 all civil cases. The surcharge shall not be charged in
8 any proceeding commenced by or on behalf of the State or
9 any State agency or by a unit of local government, nor
10 shall the surcharge be charged in any proceeding to
11 modify, vacate, or enforce an existing order or
12 judgment.
13 (d) In all counties having a population of less than
14 180,000, the clerk of the circuit court shall charge and
15 collect an Illinois Equal Justice Fund surcharge in all
16 civil cases.
17 (1) For filing a civil case or for a confession of
18 judgment, the surcharge shall be $6, except as follows:
19 if the amount in controversy does not exceed $250, the
20 surcharge shall be $1; if the amount in controversy is
21 at least $250 but does not exceed $1,000, the surcharge
22 shall be $2; if the amount in controversy is at least
23 $1,000 but does not exceed $2,500, the surcharge shall be
24 $3; if the amount in controversy is at least $2,500 but
25 does not exceed $5,000, the surcharge shall be $4; and
26 if the amount in controversy is at least $5,000 but does
27 not exceed $15,000, the surcharge shall be $5.
28 (2) For filing a forcible entry and detainer case,
29 the surcharge shall be $4 when the plaintiff seeks
30 possession only or unites with his or her claim for
31 possession of the property a claim for rent or damages
32 or both in the amount of $15,000 or less. When the
33 plaintiff unites his or her claim for possession with a
34 claim for rent or damages or both exceeding $15,000, the
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1 surcharge shall be $6.
2 (3) For filing a probate case, the surcharge shall
3 be $2 except as follows: for filing a probate case for
4 administration of an estate of a decedent or missing
5 person in which the value of real and personal property
6 exceeds $15,000, the surcharge shall be $6; and for
7 filing a probate case for administration of the estate
8 of a ward in which the value of real and personal
9 property exceeds $15,000, the surcharge shall be $4.
10 (4) For appearing in a civil action, the surcharge
11 shall be $5, except as follows: in a probate case, the
12 surcharge shall be $2 unless subparagraph (D) of
13 paragraph (3) of subsection (v) of Section 27.2a of this
14 Act is applicable, in which case no surcharge shall be
15 charged; in a forcible entry case or a case where the
16 amount in controversy does not exceed $1,500, the
17 surcharge shall be $1; and if the amount in controversy
18 is at least $1,500 but does not is at least $15,000, the
19 surcharge shall be $2.
20 (5) The surcharge shall be in addition to all other
21 fees, surcharges, and charges of the clerk, shall be
22 assessable as costs, and shall be paid by each party at
23 the time the party files his or her first pleading in
24 all civil cases. The surcharge shall not be charged in
25 any proceeding commenced by or on behalf of the State or
26 any State agency or by a unit of local government, nor
27 shall the surcharge be charged in any proceeding to
28 modify, vacate, or enforce an existing order or
29 judgment.
30 (e) In all counties, the clerk of the circuit court also
31 shall charge and collect an Illinois Equal Justice Fund
32 surcharge of $2 for petty offenses under the Illinois Vehicle
33 Code or a similar local ordinance or a local ordinance
34 governing the standing or parking of motor vehicles. This
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1 surcharge shall be assessed against the defendant for petty
2 offenses under the Illinois Vehicle Code or a similar local
3 ordinance or a local ordinance governing the standing or
4 parking of motor vehicles upon a plea of guilty, stipulation
5 of facts, or finding of guilty, resulting in a judgment or
6 conviction, or order of supervision, or sentence of
7 probation without entry of judgment. No surcharge shall be
8 imposed or collected, however, in petty traffic cases in
9 which fines are paid without a court appearance.
10 (f) The clerk of the circuit court shall collect the
11 surcharges imposed under this Section in the manner in which
12 the clerk collects all other fees or charges. The clerk
13 shall remit monthly all amounts collected under this Section
14 to the State Treasurer who shall disburse these amounts
15 monthly to the Illinois Equal Justice Foundation for deposit
16 into the Illinois Equal Justice Fund.
17 (705 ILCS 105/28.5 new)
18 Sec. 28.5. Supreme Court Clerk; Illinois Equal Justice
19 Fund surcharge. The Clerk of the Supreme Court shall collect
20 any surcharges imposed by Supreme Court Rule for the
21 Illinois Equal Justice Fund in the manner in which the Clerk
22 collects all other fees and charges. The Clerk shall remit
23 monthly all amounts collected under this Section to the State
24 Treasurer who shall disburse these amounts monthly to the
25 Illinois Equal Justice Foundation for deposit into the
26 Illinois Equal Justice Fund.
27 Section 90. The Uniform Disposition of Unclaimed
28 Property Act is amended by changing Section 9 as follows:
29 (765 ILCS 1025/9) (from Ch. 141, par. 109)
30 Sec. 9. All intangible personal property, not otherwise
31 covered by this Act, including any income or increment
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1 thereon that the owner would be entitled to and deducting any
2 lawful charges, that is held or owing in this State in the
3 ordinary course of the holder's business and has remained
4 unclaimed by the owner for more than 5 years after it became
5 payable or distributable is presumed abandoned. Before
6 reporting and delivering property as required under this Act,
7 a business association may deduct from the amount of
8 otherwise reportable intangible personal property the
9 economic loss suffered by it in connection with that
10 intangible personal property arising from transactions
11 involving the sale of tangible personal property at retail.
12 Except as provided in Section 10.5, this provision shall not
13 apply to intangible personal property held prior to October
14 1, 1968 by business associations. Property remitted to the
15 State pursuant to this Act, prior to the effective date of
16 this amendatory Act of 1982, shall not be affected by this
17 amendatory Act of 1982.
18 This Act shall not apply to abandoned funds held in a
19 lawyer's trust account established under Supreme Court
20 Rules. Intangible personal property held in a lawyer's trust
21 account established under Supreme Court Rules that has
22 remained unclaimed by the owner for more than 5 years after
23 it became payable or distributable shall be remitted to the
24 State Treasurer who shall disburse these amounts monthly to
25 the Illinois Equal Justice Foundation for deposit into the
26 Illinois Equal Justice Fund.
27 (Source: P.A. 87-925; 88-435.)
28 Section 95. Severability. The provisions of this
29 amendatory Act of 1997 are severable under Section 1.31 of
30 the Statues on Statutes.".