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| [ Introduced ] | [ House Amendment 001 ] |
91_HB2036eng HB2036 Engrossed LRB9100872MWgcC 1 AN ACT to create the Illinois Equal Justice Assistance 2 Act, amending named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Farm Legal Assistance Act is 6 amended by changing Sections 1, 5, 10, 15, 20, 25, and 35 and 7 the title of the Act and by adding Sections 40, 45, and 50 as 8 follows: 9 (30 ILCS 765/Act title) 10 An Act in relation to equal justicefarm legal11 assistance. 12 (30 ILCS 765/1) (from Ch. 5, par. 2050-1) 13 Sec. 1. Short title. This Act may be cited as the 14 Illinois Equal JusticeFarm LegalAssistance Act. 15 (Source: P.A. 87-123.) 16 (30 ILCS 765/5) (from Ch. 5, par. 2050-5) 17 Sec. 5. Legislative findingspurpose. The General 18 Assembly finds: 19 (a) Equal justice is a basic right that is fundamental 20 to democracy in this State, and the integrity of this State 21 and this State's justice system depends on protecting and 22 enforcing the rights of all people. 23 (b) This State's residents must have information about 24 self-help processes and available remedies. 25 (c) The justice system must work with social services 26 providers, government agencies, and community leaders to 27 promote approaches to preventing and resolving legal 28 difficulties. 29 (d) The maintenance, operation, and fairness of the HB2036 Engrossed -2- LRB9100872MWgcC 1 courts are significantly enhanced when all parties have 2 access to basic legal information, information about the 3 court system, and information about alternative methods of 4 dispute resolution and other alternatives to the legal 5 system. Individuals unable to obtain this information who 6 are also unable to obtain legal representation cause all 7 parties in the court system to experience backlogs and 8 delays, often resulting in multiple court appearances, or 9 lengthier court appearances, or both, than would otherwise be 10 necessary for all parties. When all parties have access to 11 basic legal information, information about the court system, 12 and information about alternatives to the legal system, the 13 parties may proceed in a more productive and efficient 14 manner, thereby reducing the number of cases the courts must 15 manage and reducing unnecessary backlogs and delays in the 16 court system. 17 (e) The resolution of disputes can be costly and 18 time-consuming in the context of a formal judicial 19 proceeding. Mediation of disputes has a potential for 20 efficiently reducing the volume of cases in the court system 21 in this State. There is a compelling need for dispute 22 resolution centers to divert some matters from the court 23 system. 24 (f) The courts of Illinois are backlogged with both 25 pre-judgment and post-judgment civil cases that require 26 numerous court appearances and lengthy hearings caused in 27 part by individuals who are not represented by legal counsel. 28 The resolution of these cases often results in the 29 unrepresented party not following the court procedures and 30 orders, causing multiple court proceedings. Providing legal 31 representation to the indigent party in civil cases has a 32 great potential for efficiently reducing the volume of 33 matters that burden the court system in this State. 34 Not-for-profit legal services organizations make a HB2036 Engrossed -3- LRB9100872MWgcC 1 substantial contribution to the expeditious operation and 2 maintenance of the courts in civil cases. 3 (g) Equal justice is an integral part of the general 4 public welfare. 5 (h) The collection and distribution of funds under this 6 Act promotes equal justice, is in the public interest, and 7 enhances the administration of justice and the courts. 8 (i) The use of the funds for the purposes prescribed by 9 this Act is consistent with the essential functions of the 10 courts.that, in the agricultural economy, many farmers are11unable to afford necessary legal services to deal with12financial and other personal problems. It is one of the13purposes of this Act to provide short-term legal assistance14to address the special legal needs of farmers.15 (Source: P.A. 87-123.) 16 (30 ILCS 765/10) (from Ch. 5, par. 2050-10) 17 Sec. 10. Definitions. For the purposes of this Act: 18 "Foundation" means the Illinois Equal JusticeFarm Legal19AssistanceFoundation, a not-for-profit corporation created 20 by the Illinois State Bar Association and the Chicago Bar 21 Association. 22 "Legal information center" means a center in a judicial 23 circuit of this State operated by a not-for-profit 24 corporation that is tax exempt from the payment of federal 25 taxes under Section 501(c)(3) of the Internal Revenue Code 26 and that serves as an information center for persons 27 considering use of the judicial system in that judicial 28 circuit. Information available at each legal information 29 center may include, but not be limited to, information about 30 the organization of the court system, applicable court 31 procedures, how to obtain legal representation, alternatives 32 to the court system such as mediation or social services, the 33 applicable substantive law, self-help packets explaining the HB2036 Engrossed -4- LRB9100872MWgcC 1 court procedures and applicable law in a particular 2 substantive area, and available self-help assistance desks. 3 "Regional legal services hotline" means a program in this 4 State operated by a not-for-profit corporation that is tax 5 exempt from the payment of federal taxes under Section 6 501(c)(3) of the Internal Revenue Code and that (i) provides 7 assistance to legal information centers and this State's 8 residents, and supplements legal information centers by 9 providing information to legal information centers and this 10 State's residents that includes, but is not limited to, 11 information about the organization of the court system, 12 applicable court procedures, how to obtain legal 13 representation, alternatives to the court system such as 14 mediation or social services, the applicable substantive law, 15 self-help packets explaining the court procedures and 16 applicable law in a particular substantive area, and 17 available self-help assistance desks and (ii) coordinates and 18 provides assistance to civil legal services providers 19 operating in this State by providing coordinated intake and 20 referral services. 21 "Self-help assistance desk" means a program operated by a 22 not-for-profit corporation that is tax exempt from the 23 payment of federal taxes under Section 501(c)(3) of the 24 Internal Revenue Code and that provides legal information and 25 advice about a particular substantive area of the law to 26 litigants or potential litigants in non-criminal or traffic 27 matters who are unable to obtain or do not have legal 28 representation for a dispute involving that substantive area 29 of the law. 30 "Dispute resolution center" means a not-for-profit 31 organization that is exempt from the payment of federal taxes 32 pursuant to Section 501(c)(3) of the Internal Revenue Code 33 and that is organized to provide mediation services at no 34 charge to disputants who agree to use its services. Disputes HB2036 Engrossed -5- LRB9100872MWgcC 1 handled by a dispute resolution center may include, but not 2 be limited to, disputes referred from the court system. 3 "Mediation" means a voluntary process in which an 4 impartial mediator actively assists disputants in identifying 5 and clarifying issues of concern and in designing and 6 agreeing to solutions for those issues. 7 "Mediator" means a person who has received at least 30 8 hours of training in the areas of negotiation, nonverbal 9 communication, agreement writing, neutrality, and ethics. 10 "Civil legal services" means legal representation or 11 advice in non-criminal or traffic matters provided to 12 eligible clients. 13 "Civil legal services provider" means a not-for-profit 14 corporation that (i) is exempt from the payment of federal 15 income tax pursuant to Section 501(c)(3) of the Internal 16 Revenue Code, (ii) is established for the purpose of 17 providing legal services that include civil legal services, 18 and (iii) either (A) employs 4 or more full-time attorneys 19 who are licensed to practice law in the State of Illinois and 20 who directly provide civil legal services or (B) provides 21 civil legal services through an organized panel of pro bono 22 attorneys. 23 "Eligible client" means an individual, not a business 24 entity, who is involved in a non-criminal or traffic matter, 25 who has been found financially eligible for civil legal 26 services by a civil legal services provider, and who has an 27 annual income that does not exceed 150% of the prevailing 28 poverty guidelines issued by the United States Department of 29 Health and Human Services. 30 "Pro bono attorney" means an attorney who is 31 self-employed, or employed by an entity other than a civil 32 legal services provider, and who represents eligible clients 33 without charge under the auspices of a civil legal services 34 provider. HB2036 Engrossed -6- LRB9100872MWgcC 1 "Recipient" means a legal information center, regional 2 legal services hotline, self-help assistance desk, dispute 3 resolution center, or qualified civil legal services provider 4 receiving moneys under this Act. 5 "Qualified civil legal services provider" means a civil 6 legal services provider that (i) makes financial eligibility 7 determinations before providing civil legal services; (ii) 8 has demonstrated its commitment to the provision of high 9 quality civil legal services to clients and has operated for 10 at least 2 years; and (iii) received and expended cash funds 11 in Illinois in the previous fiscal year in the amount of at 12 least $200,000 for the provision of civil legal services. 13"Department" means the Illinois Department of14Agriculture.15"Director" means the Illinois Director of Agriculture.16 (Source: P.A. 87-123.) 17 (30 ILCS 765/15) (from Ch. 5, par. 2050-15) 18 Sec. 15. Foundation; distribution of funds to legal 19 information centers, regional legal services hotlines, 20 dispute resolution centers, self-help assistance desks, or 21 civil legal services providers. 22 (a) The Foundation shall establish and administer the 23 Illinois Equal Justice Fund. The Fund consists of all moneys 24 remitted to the Foundation under the terms of this Act. The 25 Foundation must deposit all moneys received under this Act 26 into interest-bearing accounts. Administration and 27 distribution of these funds by the Foundation does not alter 28 their character as public funds or alter the fiduciary 29 responsibilities attendant to the administration of public 30 funds. 31 (b) The Foundation may annually retain a portion of the 32 amounts it receives under this Section, not to exceed 5% of 33 the amounts received by the Foundation under this Act, to HB2036 Engrossed -7- LRB9100872MWgcC 1 reimburse the Foundation for the actual cost of administering 2 grants and making the distributions required under this Act 3 during that year. 4 (c) The distribution of moneys available after 5 administrative costs shall be made by the Foundation in the 6 following manner: 7 (1) The Foundation shall distribute moneys to legal 8 information centers that have demonstrated or demonstrate 9 an ability to provide the services described in Section 10 10 of this Act and that otherwise comply with the 11 requirements of this Act with the objective that one or 12 more legal information centers will be operated in each 13 judicial circuit of this State. 14 (2) The Foundation shall distribute funds to 15 regional legal services hotlines that have demonstrated 16 or demonstrate an ability to provide the services 17 described in Section 10 of this Act and that otherwise 18 comply with the requirements of this Act. 19 (3) The Foundation shall distribute funds to 20 self-help assistance desks that have demonstrated or 21 demonstrate an ability to provide the services described 22 in Section 10 of this Act and that otherwise comply with 23 the requirements of this Act. 24 (4) The Foundation shall distribute funds to 25 dispute resolution centers that have demonstrated or 26 demonstrate compliance with the requirements of Section 5 27 of the Illinois Not-For-Profit Dispute Resolution Center 28 Act. 29 (5) The Foundation shall distribute funds to 30 qualified civil legal services providers operating in one 31 or more counties within this State. The Foundation shall 32 determine the amounts to be distributed to each qualified 33 civil legal services provider based upon the following 34 criteria: HB2036 Engrossed -8- LRB9100872MWgcC 1 (A) the number of eligible clients served and 2 the nature of the civil legal services caseload of 3 each qualified civil legal services provider 4 compared to all other qualified civil legal services 5 providers in this State; 6 (B) the qualified civil legal services 7 provider's satisfactory compliance with Section 50 8 of this Act; and 9 (C) the qualified civil legal services 10 provider's general compliance with the following 11 standards: 12 (i) the quality, feasibility, and 13 cost-effectiveness of the civil legal services 14 provider's legal services as evidenced by, 15 among other things, the experience of the civil 16 legal services provider's staff with the 17 delivery of the type of legal assistance 18 contemplated under the proposal; compatibility 19 with the American Bar Association's Standards 20 for Providers of Civil Legal Services for the 21 Poor, where applicable; the civil legal 22 services provider's compliance experience with 23 other funding sources or regulatory agencies, 24 including but not limited to federal or State 25 agencies, bar associations or foundations, 26 courts, IOLTA programs, and private 27 foundations; the reputations of the civil legal 28 services provider's principals and key staff; 29 and the civil legal services provider's 30 capacity to ensure continuity in representation 31 of eligible clients with pending matters, 32 including pending matters referred from other 33 legal services providers; 34 (ii) the civil legal services provider's HB2036 Engrossed -9- LRB9100872MWgcC 1 knowledge of the various components of the 2 legal services delivery system in the State and 3 its willingness to coordinate with them as 4 appropriate, including its capacity to: 5 (I) develop and increase resources 6 from funds other than those provided under 7 this Act; and 8 (II) cooperate with State and local 9 bar associations, private attorneys, and 10 pro bono programs to increase the 11 involvement of private attorneys in the 12 delivery of legal assistance and the 13 availability of pro bono legal services to 14 eligible clients; and 15 (iii) the civil legal services provider's 16 knowledge and willingness to cooperate with 17 other civil legal services providers, community 18 groups, public interest organizations, and 19 human services providers in a manner that is 20 consistent with the Illinois Rules of 21 Professional Conduct. 22 (d) The Foundation must give annual notice of the amount 23 of moneys available for distribution; the procedure by which 24 legal information centers, regional legal services hotlines, 25 dispute resolution centers, self-help assistance desks, and 26 qualified civil legal services providers can apply for 27 moneys; and the schedule for review and distribution of 28 moneys under this Act. 29 (e) The governing board of the Foundation may adopt 30 regulations and procedures necessary to implement and enforce 31 this Act and to ensure that the moneys allocated under this 32 Act are used to provide services to persons in accordance 33 with the terms of this Act. 34 In adopting the regulations, the governing board must HB2036 Engrossed -10- LRB9100872MWgcC 1 comply with the following procedures: 2 (1) the governing board must publish a preliminary 3 draft of the regulations and procedures that must be 4 distributed, together with notice of the comment period, 5 to members of the Foundation, potential recipients of 6 moneys, and other interested parties that the Foundation 7 considers appropriate; and 8 (2) the governing board must allow a reasonable 9 time period for affected and interested parties to 10 present written comment regarding the proposed 11 regulations and procedures before the governing board 12 adopts final regulations and procedures. 13 (f) The Foundation shall make payments to recipients on 14 a calendar-year basis in quarterly installments.services.15The Foundation shall:16(a) Operate a lawyer referral service that will17facilitate and fund direct consultation between farmers and18lawyers on farm-related matters, and give preference to the19request of a qualifying farmer for referral to an eligible20lawyer of the qualifying farmer's choice.21(b) Provide funds to other not-for-profit legal22assistance providers in this State to assist in establishing23programs to furnish legal services to farmers on farm-related24matters.25(c) Provide technical assistance and create and26encourage educational programs relating to legal programs of27Illinois farmers.28 (Source: P.A. 87-123.) 29 (30 ILCS 765/20) (from Ch. 5, par. 2050-20) 30 Sec. 20. Other powersand duties of the Foundation. 31 (a) The Foundation may make, enter into, and 32 execute contracts, agreements, leases, and other 33 instruments with any person, including without limitation HB2036 Engrossed -11- LRB9100872MWgcC 1 any federal, State, or local governmental agency, and may 2 take other actions that may be necessary or convenient to 3 accomplish any purpose authorized by this Act. 4 (b) The Foundation may also undertake directly, or 5 by grant or contract, the following activities to assist 6 legal information centers, regional legal services 7 hotlines, dispute resolution centers, self-help 8 assistance desks, and qualified civil legal services 9 providers: 10 (1) provide research, training, and technical 11 assistance; and 12 (2) serve as a clearinghouse for information. 13 (Source: P.A. 87-123.) 14 (30 ILCS 765/25) (from Ch. 5, par. 2050-25) 15 Sec. 25. Acceptance of funds.Any assets, moneys, or16grants presently possessed by the Foundation shall be17retained by the Foundation and shall be used for the purposes18of this Act. The Department of Agriculture is empowered to19make grants of funds to the Foundation to be used for the20purpose of this Act.The Foundation has the authority to 21 receive and accept any and all grants, loans, subsidies, 22 matching funds, reimbursements, federal grant moneys, fees 23 for services, and other things of value from the federal or 24 State government or any agency of any other state or from any 25 institution, person, firm, or corporation, public or private, 26 to be used to carry out the purposes of this Act. 27 (Source: P.A. 87-123.) 28 (30 ILCS 765/35) (from Ch. 5, par. 2050-35) 29 Sec. 35. Reports. 30 (a) Each recipient of moneys under this Act must 31 annually submit a report to the Foundation. This report must 32 include (i) either (A) an audit of the funds received from HB2036 Engrossed -12- LRB9100872MWgcC 1 the Foundation by a certified public accountant or (B) a 2 fiscal review approved by the Foundation setting forth the 3 manner and amount of expenditures made with the funds 4 received from the Foundation and (ii) a description of the 5 programs on which they were expended. The reports are public 6 records available for inspection upon request. 7 (b) The governing board of the Foundation must prepare 8 an annual report to the Governor, the President of the 9 Senate, the Minority Leader of the Senate, the Speaker of the 10 House of Representatives, the Minority Leader of the House of 11 Representatives, and the Justices of the Illinois Supreme 12 Court. The report must include (i) a statement of the total 13 receipts and a breakdown by source during each of the 14 previous 2 calendar years, (ii) a list of the names and 15 addresses of the recipients that are currently receiving 16 funds and that received funds in the previous year and the 17 amounts committed to recipients for the current year and paid 18 in the previous year, (iii) a breakdown of the amounts paid 19 during the previous year to recipients and the amounts 20 committed to each recipient for the current year, (iv) a 21 breakdown of the Foundation's costs in administering the 22 Fund, and (v) a statement of the Fund balance at the start 23 and at the close of the previous calendar-year and the 24 interest earned during the previous calendar-year. The 25 report must include any notices the Foundation issued denying 26 applications for moneys under this Act. The report, in its 27 entirety, is a public record, and the Foundation and the 28 Governor shall make the report available for inspection upon 29 request. 30Report. The Foundation shall submit a report detailing31its operations and accounting for its use of grant funds, the32number of farmers served under this Act and the type of33services performed, the number of mediations performed and34the results of the mediations to the Governor, the PresidentHB2036 Engrossed -13- LRB9100872MWgcC 1of the Senate, the Speaker of the House of Representatives,2the Attorney General and the Director of the Department of3Agriculture on or before January 1 of each year.4 (Source: P.A. 87-123.) 5 (30 ILCS 765/40 new) 6 Sec. 40. Limitations on use of funds. No funds made 7 available to a recipient may be used for the purpose of (i) 8 lobbying; (ii) encouraging political activities, labor or 9 anti-labor activities, boycotts, picketing, strikes, or 10 demonstrations; or (iii) investigative or legal compliance 11 activities unrelated to a pending dispute. 12 (30 ILCS 765/45 new) 13 Sec. 45. Responsibilities of recipients. With respect 14 to the provision of services funded under this Act, each 15 recipient shall ensure the following: 16 (1) the maintenance of quality service and, where 17 applicable, compliance with the Illinois Rules of 18 Professional Conduct; and 19 (2) compliance with this Act in the expenditure of 20 funds. 21 (30 ILCS 765/50 new) 22 Sec. 50. Termination of funds; procedures. 23 (a) The Foundation may suspend or terminate funds it has 24 authorized under this Act upon its determination that a 25 recipient is not operating in compliance with the 26 requirements of this Act. 27 (b) An action by the Foundation proposing to suspend or 28 to terminate an existing grant of funds under this Act may 29 not become final until the recipient has been afforded notice 30 of the proposed action and the opportunity to be heard in 31 accordance with the procedures established by the Foundation. HB2036 Engrossed -14- LRB9100872MWgcC 1 2 Sec. 10. The Illinois Income Tax Act is amended by 3 adding Section 507U and by changing Sections 509 and 510 as 4 follows: 5 (35 ILCS 5/507U new) 6 Sec. 507U. Illinois Equal Justice Fund checkoff. The 7 Department shall print on its standard individual income tax 8 form a provision indicating that if the taxpayer wishes to 9 contribute to the Illinois Equal Justice Fund, as authorized 10 by this amendatory Act of the 91st General Assembly, he or 11 she may do so by stating the amount of the contribution (not 12 less than $1) on the return and that the contribution will 13 reduce the taxpayer's refund or increase the amount of 14 payment to accompany the return. Failure to remit any 15 amount of increased payment shall reduce the contribution 16 accordingly. This Section shall not apply to any amended 17 return. 18 (35 ILCS 5/509) (from Ch. 120, par. 5-509) 19 Sec. 509. Tax checkoff explanations. All individual 20 income tax return forms shall contain appropriate 21 explanations and spaces to enable the taxpayers to designate 22 contributions to the Child Abuse Prevention Fund, to the 23 Community Health Center Care Fund, to the Illinois Wildlife 24 Preservation Fund as required by the Illinois Non-Game 25 Wildlife Protection Act, to the Alzheimer's Disease Research 26 Fund as required by the Alzheimer's Disease Research Act, to 27 the Assistance to the Homeless Fund as required by this Act, 28 to the Heritage Preservation Fund as required by the Heritage 29 Preservation Act, to the Child Care Expansion Program Fund as 30 required by the Child Care Expansion Program Act, to the Ryan 31 White AIDS Victims Assistance Fund, to the Assistive HB2036 Engrossed -15- LRB9100872MWgcC 1 Technology for Persons with Disabilities Fund, to the 2 Domestic Violence Shelter and Service Fund, to the United 3 States Olympians Assistance Fund, to the Youth Drug Abuse 4 Prevention Fund, to the Persian Gulf Conflict Veterans Fund, 5 to the Literacy Advancement Fund, to the Ryan White Pediatric 6 and Adult AIDS Fund, to the Illinois Special Olympics 7 Checkoff Fund, to the Breast and Cervical Cancer Research 8 Fund, to the Korean War Memorial Fund, to the Heart Disease 9 Treatment and Prevention Fund, to the Hemophilia Treatment 10 Fund, to the Mental Health Research Fund, to the Children's 11 Cancer Fund, to the American Diabetes Association Fund, to 12 the Women in Military Service Memorial Fund, to the Illinois 13 Equal Justice Fund, and to the Meals on Wheels Fund. Each 14 form shall contain a statement that the contributions will 15 reduce the taxpayer's refund or increase the amount of 16 payment to accompany the return. Failure to remit any amount 17 of increased payment shall reduce the contribution 18 accordingly. 19 If, on October 1 of any year, the total contributions to 20 any one of the funds made under this Section do not equal 21 $100,000 or more, the explanations and spaces for designating 22 contributions to the fund shall be removed from the 23 individual income tax return forms for the following and all 24 subsequent years and all subsequent contributions to the fund 25 shall be refunded to the taxpayer. 26 (Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95; 27 90-171, eff. 7-23-97; revised 10-31-98.) 28 (35 ILCS 5/510) (from Ch. 120, par. 5-510) 29 Sec. 510. Determination of amounts contributed. The 30 Department shall determine the total amount contributed to 31 each of the following: the Child Abuse Prevention Fund, the 32 Illinois Wildlife Preservation Fund, the Community Health 33 Center Care Fund, the Assistance to the Homeless Fund, the HB2036 Engrossed -16- LRB9100872MWgcC 1 Alzheimer's Disease Research Fund, the Heritage Preservation 2 Fund, the Child Care Expansion Program Fund, the Ryan White 3 AIDS Victims Assistance Fund, the Assistive Technology for 4 Persons with Disabilities Fund, the Domestic Violence Shelter 5 and Service Fund, the United States Olympians Assistance 6 Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf 7 Conflict Veterans Fund, the Literacy Advancement Fund, the 8 Ryan White Pediatric and Adult AIDS Fund, the Illinois 9 Special Olympics Checkoff Fund, the Breast and Cervical 10 Cancer Research Fund, the Korean War Memorial Fund, the Heart 11 Disease Treatment and Prevention Fund, the Hemophilia 12 Treatment Fund, the Mental Health Research Fund, the 13 Children's Cancer Fund, the American Diabetes Association 14 Fund, the Women in Military Service Memorial Fund, the 15 Illinois Equal Justice Fund, and the Meals on Wheels Fund; 16 and shall notify the State Comptroller and the State 17 Treasurer of the amounts to be transferred from the General 18 Revenue Fund to each fund, and upon receipt of such 19 notification the State Treasurer and Comptroller shall 20 transfer the amounts. 21 (Source: P.A. 89-230, eff. 1-1-96; 89-324, eff. 8-13-95; 22 90-171, eff. 7-23-97.) 23 Section 25. The Uniform Disposition of Unclaimed 24 Property Act is amended by changing Section 9 as follows: 25 (765 ILCS 1025/9) (from Ch. 141, par. 109) 26 Sec. 9. All personal property, not otherwise covered by 27 this Act, including any income or increment thereon that the 28 owner would be entitled to and deducting any lawful charges, 29 that has remained unclaimed by the owner for more than 5 30 years is presumed abandoned. Before reporting and delivering 31 property as required under this Act, a business association 32 may deduct from the amount of otherwise reportable intangible HB2036 Engrossed -17- LRB9100872MWgcC 1 personal property the economic loss suffered by it in 2 connection with that intangible personal property arising 3 from transactions involving the sale of tangible personal 4 property at retail. Except as provided in Section 10.5, this 5 provision shall not apply to personal property held prior to 6 October 1, 1968 by business associations. Property remitted 7 to the State pursuant to this Act, prior to the effective 8 date of this amendatory Act of 1982, shall not be affected by 9 this amendatory Act of 1982. 10 This Act shall not apply to abandoned funds held in a 11 lawyer's trust account established under Supreme Court 12 Rules. Intangible personal property held in a lawyer's trust 13 account established under Supreme Court Rules that has 14 remained unclaimed by the owner for more than 5 years after 15 it became payable or distributable shall be remitted to the 16 State Treasurer who shall disburse these amounts monthly to 17 the Illinois Equal Justice Foundation for deposit into the 18 Illinois Equal Justice Fund. 19 (Source: P.A. 90-167, eff. 7-23-97.) 20 (30 ILCS 765/30 rep.) 21 Section 30. The Illinois Farm Legal Assistance Act is 22 amended by repealing Section 30. 23 Section 95. Severability. The provisions of this 24 amendatory Act of the 91st General Assembly are severable 25 under Section 1.31 of the Statute on Statutes. HB2036 Engrossed -18- LRB9100872MWgcC 1 INDEX 2 Statutes amended in order of appearance 3 30 ILCS 765/Act title 4 30 ILCS 765/1 from Ch. 5, par. 2050-1 5 30 ILCS 765/5 from Ch. 5, par. 2050-5 6 30 ILCS 765/10 from Ch. 5, par. 2050-10 7 30 ILCS 765/15 from Ch. 5, par. 2050-15 8 30 ILCS 765/20 from Ch. 5, par. 2050-20 9 30 ILCS 765/25 from Ch. 5, par. 2050-25 10 30 ILCS 765/35 from Ch. 5, par. 2050-35 11 30 ILCS 765/40 new 12 30 ILCS 765/45 new 13 30 ILCS 765/50 new 14 35 ILCS 5/507U new 15 35 ILCS 5/509 from Ch. 120, par. 5-509 16 35 ILCS 5/510 from Ch. 120, par. 5-510 17 705 ILCS 25/19 new 18 705 ILCS 105/27.3d new 19 705 ILCS 105/28.5 new 20 765 ILCS 1025/9 from Ch. 141, par. 109 21 30 ILCS 765/30 rep.