State of Illinois
91st General Assembly
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91_SB0331eng

 
SB331 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   justice   farm   legal
11    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 Justice Farm Legal Assistance Act.
15    (Source: P.A. 87-123.)

16        (30 ILCS 765/5) (from Ch. 5, par. 2050-5)
17        Sec.  5.  Legislative  findings  purpose.   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
 
SB331 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
 
SB331 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 are
11    unable to  afford  necessary  legal  services  to  deal  with
12    financial  and  other  personal  problems.   It is one of the
13    purposes of this Act to provide short-term  legal  assistance
14    to 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 Justice Farm Legal
19    Assistance Foundation, 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
 
SB331 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
 
SB331 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.
 
SB331 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   of
14    Agriculture.
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
 
SB331 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:
 
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 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
 
SB331 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
 
SB331 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.
15    The Foundation shall:
16        (a)  Operate  a  lawyer  referral   service   that   will
17    facilitate  and  fund direct consultation between farmers and
18    lawyers on farm-related matters, and give preference  to  the
19    request  of  a  qualifying farmer for referral to an eligible
20    lawyer of the qualifying farmer's choice.
21        (b)  Provide  funds   to   other   not-for-profit   legal
22    assistance  providers in this State to assist in establishing
23    programs to furnish legal services to farmers on farm-related
24    matters.
25        (c)  Provide  technical   assistance   and   create   and
26    encourage  educational programs relating to legal programs of
27    Illinois farmers.
28    (Source: P.A. 87-123.)

29        (30 ILCS 765/20) (from Ch. 5, par. 2050-20)
30        Sec. 20. Other powers and 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
 
SB331 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,  or
16    grants   presently  possessed  by  the  Foundation  shall  be
17    retained by the Foundation and shall be used for the purposes
18    of this Act.  The Department of Agriculture is  empowered  to
19    make  grants  of  funds  to the Foundation to be used for the
20    purpose 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
 
SB331 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.
30        Report.  The  Foundation  shall submit a report detailing
31    its operations and accounting for its use of grant funds, the
32    number of farmers served under  this  Act  and  the  type  of
33    services  performed,  the  number of mediations performed and
34    the results of the mediations to the Governor, the  President
 
SB331 Engrossed             -13-              LRB9100872MWgcC
 1    of  the  Senate, the Speaker of the House of Representatives,
 2    the Attorney General and the Director of  the  Department  of
 3    Agriculture 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.
 
SB331 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
 
SB331 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
 
SB331 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        (30 ILCS 765/30 rep.)
24        Section 30.  The Illinois Farm Legal  Assistance  Act  is
25    amended by repealing Section 30.

26        Section   95.  Severability.    The  provisions  of  this
27    amendatory Act of the 91st  General  Assembly  are  severable
28    under Section 1.31 of the  Statues on Statutes.
 
SB331 Engrossed             -17-              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    30 ILCS 765/30 rep.

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