101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1959

 

Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/5-105  from Ch. 110, par. 5-105

    Provides that the Act may be referred to as the Reduced Filing Fees for Seniors and Veterans Act. Contains a statement of legislative purpose. Amends the Code of Civil Procedure. Provides that beginning January 1, 2020, the Supreme Court may, by rule, implement a program to offer a reduced filing fee of 50% the rate for the filing of civil cases by a person, regardless of the income of the person, who is either a: (1) senior citizen, aged 65 and older; or (2) member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces. Provides that the applicant shall apply at the time of filing and present his or her valid State identification or driver's license or armed forces identification card. Effective immediately.


LRB101 10640 LNS 55746 b

 

 

A BILL FOR

 

SB1959LRB101 10640 LNS 55746 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. References to Act; purpose.
5    (a) This Act may be referred to as the Reduced Filing Fees
6for Seniors and Veterans Act.
7    (b) The General Assembly acknowledges the contribution of
8residents of this State classified as senior citizens, aged 65
9and older, and active and inactive duty members of the United
10States Armed Forces, the Illinois National Guard, or the
11Reserves of the United States Armed Forces. In recognition of
12their services, the courts in this State will offer reduced
13filing fees for the filing of civil cases in this State.
 
14    Section 5. The Code of Civil Procedure is amended by
15changing Section 5-105 as follows:
 
16    (735 ILCS 5/5-105)  (from Ch. 110, par. 5-105)
17    (Text of Section before amendment by P.A. 100-987 and
18100-1161)
19    Sec. 5-105. Leave to sue or defend as an indigent person.
20    (a) As used in this Section:
21        (1) "Fees, costs, and charges" means payments imposed
22    on a party in connection with the prosecution or defense of

 

 

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1    a civil action, including, but not limited to: filing fees;
2    appearance fees; fees for service of process and other
3    papers served either within or outside this State,
4    including service by publication pursuant to Section 2-206
5    of this Code and publication of necessary legal notices;
6    motion fees; jury demand fees; charges for participation
7    in, or attendance at, any mandatory process or procedure
8    including, but not limited to, conciliation, mediation,
9    arbitration, counseling, evaluation, "Children First",
10    "Focus on Children" or similar programs; fees for
11    supplementary proceedings; charges for translation
12    services; guardian ad litem fees; charges for certified
13    copies of court documents; and all other processes and
14    procedures deemed by the court to be necessary to commence,
15    prosecute, defend, or enforce relief in a civil action.
16        (2) "Indigent person" means any person who meets one or
17    more of the following criteria:
18            (i) He or she is receiving assistance under one or
19        more of the following public benefits programs:
20        Supplemental Security Income (SSI), Aid to the Aged,
21        Blind and Disabled (AABD), Temporary Assistance for
22        Needy Families (TANF), Food Stamps, General
23        Assistance, Transitional Assistance, or State Children
24        and Family Assistance.
25            (ii) His or her available income is 125% or less of
26        the current poverty level as established by the United

 

 

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1        States Department of Health and Human Services, unless
2        the applicant's assets that are not exempt under Part 9
3        or 10 of Article XII of this Code are of a nature and
4        value that the court determines that the applicant is
5        able to pay the fees, costs, and charges.
6            (iii) He or she is, in the discretion of the court,
7        unable to proceed in an action without payment of fees,
8        costs, and charges and whose payment of those fees,
9        costs, and charges would result in substantial
10        hardship to the person or his or her family.
11            (iv) He or she is an indigent person pursuant to
12        Section 5-105.5 of this Code.
13    (b) On the application of any person, before, or after the
14commencement of an action, a court, on finding that the
15applicant is an indigent person, shall grant the applicant
16leave to sue or defend the action without payment of the fees,
17costs, and charges of the action.
18    (c) An application for leave to sue or defend an action as
19an indigent person shall be in writing and supported by the
20affidavit of the applicant or, if the applicant is a minor or
21an incompetent adult, by the affidavit of another person having
22knowledge of the facts. The contents of the affidavit shall be
23established by Supreme Court Rule. The court shall provide,
24through the office of the clerk of the court, simplified forms
25consistent with the requirements of this Section and applicable
26Supreme Court Rules to any person seeking to sue or defend an

 

 

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1action who indicates an inability to pay the fees, costs, and
2charges of the action. The application and supporting affidavit
3may be incorporated into one simplified form. The clerk of the
4court shall post in a conspicuous place in the courthouse a
5notice no smaller than 8.5 x 11 inches, using no smaller than
630-point typeface printed in English and in Spanish, advising
7the public that they may ask the court for permission to sue or
8defend a civil action without payment of fees, costs, and
9charges. The notice shall be substantially as follows:
10        "If you are unable to pay the fees, costs, and charges
11    of an action you may ask the court to allow you to proceed
12    without paying them. Ask the clerk of the court for forms."
13    (d) The court shall rule on applications under this Section
14in a timely manner based on information contained in the
15application unless the court, in its discretion, requires the
16applicant to personally appear to explain or clarify
17information contained in the application. If the court finds
18that the applicant is an indigent person, the court shall enter
19an order permitting the applicant to sue or defend without
20payment of fees, costs, or charges. If the application is
21denied, the court shall enter an order to that effect stating
22the specific reasons for the denial. The clerk of the court
23shall promptly mail or deliver a copy of the order to the
24applicant.
25    (e) The clerk of the court shall not refuse to accept and
26file any complaint, appearance, or other paper presented by the

 

 

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1applicant if accompanied by an application to sue or defend in
2forma pauperis, and those papers shall be considered filed on
3the date the application is presented. If the application is
4denied, the order shall state a date certain by which the
5necessary fees, costs, and charges must be paid. The court, for
6good cause shown, may allow an applicant whose application is
7denied to defer payment of fees, costs, and charges, make
8installment payments, or make payment upon reasonable terms and
9conditions stated in the order. The court may dismiss the
10claims or defenses of any party failing to pay the fees, costs,
11or charges within the time and in the manner ordered by the
12court. A determination concerning an application to sue or
13defend in forma pauperis shall not be construed as a ruling on
14the merits.
15    (f) The court may order an indigent person to pay all or a
16portion of the fees, costs, or charges waived pursuant to this
17Section out of moneys recovered by the indigent person pursuant
18to a judgment or settlement resulting from the civil action.
19However, nothing in this Section shall be construed to limit
20the authority of a court to order another party to the action
21to pay the fees, costs, or charges of the action.
22    (g) A court, in its discretion, may appoint counsel to
23represent an indigent person, and that counsel shall perform
24his or her duties without fees, charges, or reward.
25    (h) Nothing in this Section shall be construed to affect
26the right of a party to sue or defend an action in forma

 

 

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1pauperis without the payment of fees, costs, or charges, or the
2right of a party to court-appointed counsel, as authorized by
3any other provision of law or by the rules of the Illinois
4Supreme Court.
5    (i) The provisions of this Section are severable under
6Section 1.31 of the Statute on Statutes.
7(Source: P.A. 97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)
 
8    (Text of Section after amendment by P.A. 100-987 and
9100-1161)
10    Sec. 5-105. Waiver of court fees, costs, and charges.
11    (a) As used in this Section:
12        (1) "Fees, costs, and charges" means payments imposed
13    on a party in connection with the prosecution or defense of
14    a civil action, including, but not limited to: fees set
15    forth in Section 27.1b of the Clerks of Courts Act; fees
16    for service of process and other papers served either
17    within or outside this State, including service by
18    publication pursuant to Section 2-206 of this Code and
19    publication of necessary legal notices; motion fees;
20    charges for participation in, or attendance at, any
21    mandatory process or procedure including, but not limited
22    to, conciliation, mediation, arbitration, counseling,
23    evaluation, "Children First", "Focus on Children" or
24    similar programs; fees for supplementary proceedings;
25    charges for translation services; guardian ad litem fees;

 

 

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1    and all other processes and procedures deemed by the court
2    to be necessary to commence, prosecute, defend, or enforce
3    relief in a civil action.
4        (2) "Indigent person" means any person who meets one or
5    more of the following criteria:
6            (i) He or she is receiving assistance under one or
7        more of the following means-based governmental public
8        benefits programs: Supplemental Security Income (SSI),
9        Aid to the Aged, Blind and Disabled (AABD), Temporary
10        Assistance for Needy Families (TANF), Supplemental
11        Nutrition Assistance Program (SNAP), General
12        Assistance, Transitional Assistance, or State Children
13        and Family Assistance.
14            (ii) His or her available personal income is 125%
15        or less of the current poverty level, unless the
16        applicant's assets that are not exempt under Part 9 or
17        10 of Article XII of this Code are of a nature and
18        value that the court determines that the applicant is
19        able to pay the fees, costs, and charges.
20            (iii) He or she is, in the discretion of the court,
21        unable to proceed in an action without payment of fees,
22        costs, and charges and whose payment of those fees,
23        costs, and charges would result in substantial
24        hardship to the person or his or her family.
25            (iv) He or she is an indigent person pursuant to
26        Section 5-105.5 of this Code.

 

 

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1        (3) "Poverty level" means the current poverty level as
2    established by the United States Department of Health and
3    Human Services.
4    (b) On the application of any person, before or after the
5commencement of an action:
6        (1) If the court finds that the applicant is an
7    indigent person, the court shall grant the applicant a full
8    fees, costs, and charges waiver entitling him or her to sue
9    or defend the action without payment of any of the fees,
10    costs, and charges.
11        (2) If the court finds that the applicant satisfies any
12    of the criteria contained in items (i), (ii), or (iii) of
13    this subdivision (b)(2), the court shall grant the
14    applicant a partial fees, costs, and charges waiver
15    entitling him or her to sue or defend the action upon
16    payment of the applicable percentage of the assessments,
17    costs, and charges of the action, as follows:
18            (i) the court shall waive 75% of all fees, costs,
19        and charges if the available income of the applicant is
20        greater than 125% but does not exceed 150% of the
21        poverty level, unless the assets of the applicant that
22        are not exempt under Part 9 or 10 of Article XII of
23        this Code are such that the applicant is able, without
24        undue hardship, to pay a greater portion of the fees,
25        costs, and charges;
26            (ii) the court shall waive 50% of all fees, costs,

 

 

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1        and charges if the available income is greater than
2        150% but does not exceed 175% of the poverty level,
3        unless the assets of the applicant that are not exempt
4        under Part 9 or 10 of Article XII of this Code are such
5        that the applicant is able, without undue hardship, to
6        pay a greater portion of the fees, costs, and charges;
7        and
8            (iii) the court shall waive 25% of all fees, costs,
9        and charges if the available income of the applicant is
10        greater than 175% but does not exceed 200% of the
11        current poverty level, unless the assets of the
12        applicant that are not exempt under Part 9 or 10 of
13        Article XII of this Code are such that the applicant is
14        able, without undue hardship, to pay a greater portion
15        of the fees, costs, and charges.
16    (c) An application for waiver of court fees, costs, and
17charges shall be in writing and signed by the applicant, or, if
18the applicant is a minor or an incompetent adult, by another
19person having knowledge of the facts. The contents of the
20application for waiver of court fees, costs, and charges, and
21the procedure for the decision of the applications, shall be
22established by Supreme Court Rule. Factors to consider in
23evaluating an application shall include:
24        (1) the applicant's receipt of needs based
25    governmental public benefits, including Supplemental
26    Security Income (SSI); Aid to the Aged, Blind and Disabled

 

 

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1    (ADBD); Temporary Assistance for Needy Families (TANF);
2    Supplemental Nutrition Assistance Program (SNAP or "food
3    stamps"); General Assistance; Transitional Assistance; or
4    State Children and Family Assistance;
5        (2) the employment status of the applicant and amount
6    of monthly income, if any;
7        (3) income received from the applicant's pension,
8    Social Security benefits, unemployment benefits, and other
9    sources;
10        (4) income received by the applicant from other
11    household members;
12        (5) the applicant's monthly expenses, including rent,
13    home mortgage, other mortgage, utilities, food, medical,
14    vehicle, childcare, debts, child support, and other
15    expenses; and
16        (6) financial affidavits or other similar supporting
17    documentation provided by the applicant showing that
18    payment of the imposed fees, costs, and charges would
19    result in substantial hardship to the applicant or the
20    applicant's family.
21    (c-5) The court shall provide, through the office of the
22clerk of the court, the application for waiver of court fees,
23costs, and charges to any person seeking to sue or defend an
24action who indicates an inability to pay the fees, costs, and
25charges of the action. The clerk of the court shall post in a
26conspicuous place in the courthouse a notice no smaller than

 

 

SB1959- 11 -LRB101 10640 LNS 55746 b

18.5 x 11 inches, using no smaller than 30-point typeface
2printed in English and in Spanish, advising the public that
3they may ask the court for permission to sue or defend a civil
4action without payment of fees, costs, and charges. The notice
5shall be substantially as follows:
6        "If you are unable to pay the fees, costs, and charges
7    of an action you may ask the court to allow you to proceed
8    without paying them. Ask the clerk of the court for forms."
9    (d) (Blank).
10    (e) The clerk of the court shall not refuse to accept and
11file any complaint, appearance, or other paper presented by the
12applicant if accompanied by an application for waiver of court
13fees, costs, and charges, and those papers shall be considered
14filed on the date the application is presented. If the
15application is denied or a partial fees, costs, and charges
16waiver is granted, the order shall state a date certain by
17which the necessary fees, costs, and charges must be paid. For
18good cause shown, the court may allow an applicant who receives
19a partial fees, costs, and charges waiver to defer payment of
20fees, costs, and charges, make installment payments, or make
21payment upon reasonable terms and conditions stated in the
22order. The court may dismiss the claims or strike the defenses
23of any party failing to pay the fees, costs, and charges within
24the time and in the manner ordered by the court. A judicial
25ruling on an application for waiver of court assessments does
26not constitute a decision of a substantial issue in the case

 

 

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1under Section 2-1001 of this Code.
2    (f) The order granting a full or partial fees, costs, and
3charges waiver shall expire after one year. Upon expiration of
4the waiver, or a reasonable period of time before expiration,
5the party whose fees, costs, and charges were waived may file
6another application for waiver and the court shall consider the
7application in accordance with the applicable Supreme Court
8Rule.
9    (f-5) If, before or at the time of final disposition of the
10case, the court obtains information, including information
11from the court file, suggesting that a person whose fees,
12costs, and charges were initially waived was not entitled to a
13full or partial waiver at the time of application, the court
14may require the person to appear at a court hearing by giving
15the applicant no less than 10 days' written notice of the
16hearing and the specific reasons why the initial waiver might
17be reconsidered. The court may require the applicant to provide
18reasonably available evidence, including financial
19information, to support his or her eligibility for the waiver,
20but the court shall not require submission of information that
21is unrelated to the criteria for eligibility and application
22requirements set forth in subdivision (b)(1) or (b)(2) of this
23Section. If the court finds that the person was not initially
24entitled to any waiver, the person shall pay all fees, costs,
25and charges relating to the civil action, including any
26previously waived fees, costs, and charges. The order may state

 

 

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1terms of payment in accordance with subsection (e). The court
2shall not conduct a hearing under this subsection more often
3than once every 6 months.
4    (f-10) If, before or at the time of final disposition of
5the case, the court obtains information, including information
6from the court file, suggesting that a person who received a
7full or partial waiver has experienced a change in financial
8condition so that he or she is no longer eligible for that
9waiver, the court may require the person to appear at a court
10hearing by giving the applicant no less than 10 days' written
11notice of the hearing and the specific reasons why the waiver
12might be reconsidered. The court may require the person to
13provide reasonably available evidence, including financial
14information, to support his or her continued eligibility for
15the waiver, but shall not require submission of information
16that is unrelated to the criteria for eligibility and
17application requirements set forth in subdivisions (b)(1) and
18(b)(2) of this Section. If the court enters an order finding
19that the person is no longer entitled to a waiver, or is
20entitled to a partial waiver different than that which the
21person had previously received, the person shall pay the
22requisite fees, costs, and charges from the date of the order
23going forward. The order may state terms of payment in
24accordance with subsection (e) of this Section. The court shall
25not conduct a hearing under this subsection more often than
26once every 6 months.

 

 

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1    (g) A court, in its discretion, may appoint counsel to
2represent an indigent person, and that counsel shall perform
3his or her duties without fees, charges, or reward.
4    (h) Nothing in this Section shall be construed to affect
5the right of a party to sue or defend an action in forma
6pauperis without the payment of fees, costs, charges, or the
7right of a party to court-appointed counsel, as authorized by
8any other provision of law or by the rules of the Illinois
9Supreme Court. Nothing in this Section shall be construed to
10limit the authority of a court to order another party to the
11action to pay the fees, costs, and charges of the action.
12    (h-5) If a party is represented by a civil legal services
13provider or an attorney in a court-sponsored pro bono program
14as defined in Section 5-105.5 of this Code, the attorney
15representing that party shall file a certification with the
16court in accordance with Supreme Court Rule 298 and that party
17shall be allowed to sue or defend without payment of fees,
18costs, and charges without filing an application under this
19Section.
20    (h-10) If an attorney files an appearance on behalf of a
21person whose fees, costs, and charges were initially waived
22under this Section, the attorney must pay all fees, costs, and
23charges relating to the civil action, including any previously
24waived fees, costs, and charges, unless the attorney is either
25a civil legal services provider, representing his or her client
26as part of a court-sponsored pro bono program as defined in

 

 

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1Section 5-105.1 of this Code, or appearing under a limited
2scope appearance in accordance with Supreme Court Rule
313(c)(6).
4    (i) The provisions of this Section are severable under
5Section 1.31 of the Statute on Statutes.
6    (j) Beginning January 1 2020, the Supreme Court may, by
7rule, implement a program to offer a reduced filing fee of 50%
8the rate for the filing of civil cases by a person, regardless
9of the income of the person, who is either a: (1) senior
10citizen, aged 65 and older; or (2) member of the United States
11Armed Forces, the Illinois National Guard, or the Reserves of
12the United States Armed Forces. An applicant for a fee waiver
13shall apply at the time of filing and present his or her valid
14State identification or driver's license or armed forces
15identification card. The identification card is required at the
16time of filing each civil case.
17(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.
 
25    Section 99. Effective date. This Act takes effect upon

 

 

SB1959- 16 -LRB101 10640 LNS 55746 b

1becoming law.