Bill Amendment: IL HB3933 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ACCESS TO JUSTICE ACT-VARIOUS
Status: 2015-08-05 - Public Act . . . . . . . . . 99-0281 [HB3933 Detail]
Download: Illinois-2015-HB3933-House_Amendment_005.html
Bill Title: ACCESS TO JUSTICE ACT-VARIOUS
Status: 2015-08-05 - Public Act . . . . . . . . . 99-0281 [HB3933 Detail]
Download: Illinois-2015-HB3933-House_Amendment_005.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3933
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3933, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Access to Justice Act is amended by | ||||||
6 | changing Sections 5, 10, 15, and 20 and by adding Section 7 as | ||||||
7 | follows:
| ||||||
8 | (705 ILCS 95/5)
| ||||||
9 | Sec. 5. Findings. | ||||||
10 | (a) The justice system in this State can only function | ||||||
11 | fairly and effectively when there is meaningful access to legal | ||||||
12 | information, resources, and assistance for all litigants, | ||||||
13 | regardless of their income or circumstances.
| ||||||
14 | (b) Increasing numbers of people throughout this State , | ||||||
15 | including an increasing number of active duty service members | ||||||
16 | and veterans, are coming into the courts without legal |
| |||||||
| |||||||
1 | representation for cases involving important legal matters | ||||||
2 | impacting the basics of life such as health, safety, and | ||||||
3 | shelter. In order for the courts to provide fair and efficient | ||||||
4 | administration of justice in these cases, it is critical that | ||||||
5 | people , and active duty service members and veterans in | ||||||
6 | particular, have better access to varying levels of legal | ||||||
7 | assistance appropriate for their individual circumstances , | ||||||
8 | which will reduce the number of cases the courts must manage | ||||||
9 | and reduce unnecessary backlogs and delays in the court system | ||||||
10 | for the benefit of all litigants .
| ||||||
11 | (c) An increasing number of active duty service members and | ||||||
12 | veterans in this State have a need for legal information and | ||||||
13 | assistance in a variety of matters that are often critical to | ||||||
14 | their safety and independence, yet they are often unable to | ||||||
15 | access that assistance. Providing access to legal advice and a | ||||||
16 | referral system of attorneys for veterans and active duty | ||||||
17 | service members, who often have underlying issues as a result | ||||||
18 | of their military service, increases the efficiency of the | ||||||
19 | court system and advances access to justice for everyone in | ||||||
20 | this State.
| ||||||
21 | (Source: P.A. 98-351, eff. 8-15-13.)
| ||||||
22 | (705 ILCS 95/7 new) | ||||||
23 | Sec. 7. Definitions. As used in this Act: | ||||||
24 | (a)
"Foundation" means the Illinois Equal Justice | ||||||
25 | Foundation, a not-for-profit corporation created by the |
| |||||||
| |||||||
1 | Illinois State Bar Association and the Chicago Bar Association | ||||||
2 | and recognized under the Illinois Equal Justice Act. | ||||||
3 | (b) "Illinois Access to Civil Justice Council" or "Council" | ||||||
4 | means a special advisory body created by the Foundation. The | ||||||
5 | Council consists of 7 members, appointed as follows: one by the | ||||||
6 | Lawyers Trust Fund of Illinois, one by the Chicago Bar | ||||||
7 | Foundation, one by the Illinois Bar Foundation, one by the | ||||||
8 | Illinois Department of Veterans' Affairs, one by the Illinois | ||||||
9 | Attorney General, and 2 by the Foundation or any successor | ||||||
10 | entities or agencies as designated by the Council.
| ||||||
11 | (705 ILCS 95/10)
| ||||||
12 | Sec. 10. Pilot programs. | ||||||
13 | (a) The Illinois Access to Civil Justice Council shall | ||||||
14 | General Assembly encourages the Supreme Court to develop : (i) a | ||||||
15 | pilot program to create a statewide military personnel and | ||||||
16 | veterans' legal assistance hotline and coordinated network of | ||||||
17 | legal support resources ; and (ii) a pilot program to provide | ||||||
18 | court-based legal assistance within a circuit court in each | ||||||
19 | appellate district of this State . | ||||||
20 | (a-5) The Supreme Court Access to Justice Commission may | ||||||
21 | develop a pilot program to provide court-based legal assistance | ||||||
22 | services. | ||||||
23 | (b) The General Assembly recommends that the rules | ||||||
24 | developing the pilot programs: | ||||||
25 | (1) provide intake, screening, and varying levels of |
| |||||||
| |||||||
1 | legal assistance to ensure that the parties served by these | ||||||
2 | programs have meaningful access to justice; | ||||||
3 | (2) gather information on the outcomes associated with | ||||||
4 | providing the services described in paragraph (1) of this | ||||||
5 | subsection; and | ||||||
6 | (3) guard against the involuntary waiver of rights or | ||||||
7 | disposition by default.
| ||||||
8 | (Source: P.A. 98-351, eff. 8-15-13.)
| ||||||
9 | (705 ILCS 95/15)
| ||||||
10 | Sec. 15. Access to Justice Fund. | ||||||
11 | (a) The Access to Justice Fund is created as a special fund | ||||||
12 | in the State treasury. The Fund shall consist of fees collected | ||||||
13 | under Section 27.3g of the Clerks of Courts Act. Moneys Subject | ||||||
14 | to appropriation, moneys in the Access to Justice Fund shall be | ||||||
15 | appropriated to the Attorney General for disbursements to the | ||||||
16 | Foundation. The Foundation shall use the moneys to make grants | ||||||
17 | and distributions used by the Supreme Court for the | ||||||
18 | administration of the pilot programs created under this Act. | ||||||
19 | Grants or distributions made under this Act to the Foundation | ||||||
20 | are subject to the requirements of the Illinois Grant Funds | ||||||
21 | Recovery Act. | ||||||
22 | (b) In accordance with the requirements of the Illinois | ||||||
23 | Equal Justice Act, the Foundation may make grants, enter into | ||||||
24 | contracts, and take other actions recommended by the Council to | ||||||
25 | effectuate the pilot programs and comply with the other |
| |||||||
| |||||||
1 | requirements of this Act. | ||||||
2 | (c) The governing board of the Foundation must prepare and | ||||||
3 | submit an annual report to the Governor, the President of the | ||||||
4 | Senate, the Minority Leader of the Senate, the Speaker of the | ||||||
5 | House of Representatives, the Minority Leader of the House of | ||||||
6 | Representatives, and the Justices of the Illinois Supreme | ||||||
7 | Court. The report must include: (i) a statement of the total | ||||||
8 | receipts and a breakdown by source during each of the previous | ||||||
9 | 2 calendar years; (ii) a list of the names and addresses of the | ||||||
10 | recipients that are currently receiving grants or | ||||||
11 | distributions and that received grants or distributions in the | ||||||
12 | previous year and the amounts committed to recipients for the | ||||||
13 | current year and paid in the previous year; (iii) a breakdown | ||||||
14 | of the amounts of grants or distributions paid during the | ||||||
15 | previous year to recipients and the amounts committed to each | ||||||
16 | recipient for the current year; (iv) a breakdown of the | ||||||
17 | Foundation's costs in administering the Fund; (v) a statement | ||||||
18 | of the Fund balance at the start and at the close of the | ||||||
19 | previous year and the interest earned during the previous year; | ||||||
20 | and (vi) any notices the Foundation issued denying applications | ||||||
21 | for grants or distributions under this Act. The report, in its | ||||||
22 | entirety, is a public record, and the Foundation and the | ||||||
23 | Governor shall make the report available for inspection upon | ||||||
24 | request. | ||||||
25 | (d) The Foundation may annually retain a portion of the | ||||||
26 | disbursements it receives under this Section to reimburse the |
| |||||||
| |||||||
1 | Foundation for the actual cost of administering the Council and | ||||||
2 | for making the grants and distributions pursuant to this Act | ||||||
3 | during that year. | ||||||
4 | (e) No moneys distributed by the Foundation from the Access | ||||||
5 | to Justice Fund may be directly or indirectly used for lobbying | ||||||
6 | activities, as defined in Section 2 of the Lobbyist | ||||||
7 | Registration Act or as defined in any ordinance or resolution | ||||||
8 | of a municipality, county, or other unit of local government in | ||||||
9 | Illinois.
| ||||||
10 | (f) The Foundation may make, enter into, and execute | ||||||
11 | contracts, agreements, leases, and other instruments with any | ||||||
12 | person, including without limitation any federal, State, or | ||||||
13 | local governmental agency, and may take other actions that may | ||||||
14 | be necessary or convenient to accomplish any purpose authorized | ||||||
15 | by this Act. | ||||||
16 | (g) The Foundation has the authority to receive and accept | ||||||
17 | any and all grants, loans, subsidies, matching funds, | ||||||
18 | reimbursements, federal grant moneys, fees for services, and | ||||||
19 | other things of value from the federal or State government or | ||||||
20 | any agency of any other state or from any institution, person, | ||||||
21 | firm, or corporation, public or private, to be used to carry | ||||||
22 | out the purposes of this Act. | ||||||
23 | (Source: P.A. 98-351, eff. 8-15-13.)
| ||||||
24 | (705 ILCS 95/20)
| ||||||
25 | Sec. 20. Evaluation. The Council Supreme Court shall study |
| |||||||
| |||||||
1 | the effectiveness of the pilot programs implemented under this | ||||||
2 | Act and submit a report to the Supreme Court, Governor, and | ||||||
3 | General Assembly by June 1, 2021 2017 . The report shall include | ||||||
4 | the number of people served by the veteran and active military | ||||||
5 | legal hotline and pro bono program and data on how the pilot | ||||||
6 | programs expanded access to justice and the impact on | ||||||
7 | government programs and community resources in each pilot | ||||||
8 | program and data on the impact of varying levels of legal | ||||||
9 | assistance on access to justice, the effect on fair and | ||||||
10 | efficient court administration, and the impact on government | ||||||
11 | programs and community resources . This report shall describe | ||||||
12 | the benefits of providing legal assistance to those who were | ||||||
13 | previously unrepresented, both for the clients , the military | ||||||
14 | and veteran service organizations, and civil legal aid | ||||||
15 | programs, and the courts, and shall describe strategies and | ||||||
16 | recommendations for maximizing the benefit of that | ||||||
17 | representation in the future. The report shall include an | ||||||
18 | assessment of the continuing unmet needs and, if available, | ||||||
19 | data regarding those unmet needs.
| ||||||
20 | (Source: P.A. 98-351, eff. 8-15-13.)
| ||||||
21 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
22 | Section 27.3g as follows:
| ||||||
23 | (705 ILCS 105/27.3g) | ||||||
24 | (Section scheduled to be repealed on August 15, 2018) |
| |||||||
| |||||||
1 | Sec. 27.3g. Pilot program; Access to Justice Act. | ||||||
2 | (a) On and after September 1, 2015 If the Supreme Court | ||||||
3 | develops a pilot program to provide court-based legal | ||||||
4 | assistance in accordance with Section 10 of the Access to | ||||||
5 | Justice Act , all clerks of the circuit court shall charge and | ||||||
6 | collect at the time of filing the first pleading, paper, or | ||||||
7 | other appearance filed by each party in all civil cases, in | ||||||
8 | addition to any other fees, a fee of $5 $10 , but no additional | ||||||
9 | fee shall be required if more than one party is represented in | ||||||
10 | a single pleading, paper, or other appearance. Fees received by | ||||||
11 | the clerk of the circuit court under this Section shall be | ||||||
12 | remitted by the clerk of the circuit court to the State | ||||||
13 | Treasurer , within one month after receipt, to the Supreme Court | ||||||
14 | for deposit into the Access to Justice Fund created under | ||||||
15 | Section 15 of the Access to Justice Act. | ||||||
16 | (b) This Section is repealed on September 1, 2020 5 years | ||||||
17 | after the effective date of this amendatory Act of the 98th | ||||||
18 | General Assembly .
| ||||||
19 | (Source: P.A. 98-351, eff. 8-15-13.)
| ||||||
20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
|