Illinois General Assembly - Bill Status for SB2284
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 Bill Status of SB2284  98th General Assembly


Short Description:  CIV PRO-CLASS ACTION-RESIDUAL

Senate Sponsors
Sen. John J. Cullerton

House Sponsors
(Rep. John A. Fritchey)

Last Action
DateChamber Action
  1/9/2007SenateSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/2-807 new


Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that, in a class action, residual funds remaining in a common fund shall be distributed to one or more nonprofit charitable organizations that have a principal purpose of promoting or providing access to justice for low income residents, except that up to 50% of the residual funds may be distributed to one or more other nonprofit charitable organizations that the court approves as part of a settlement if the court finds there is good cause to do so. Provides that the new provisions shall not be construed to prevent a court, in a class action that does not create a common fund, from approving distributions to nonprofit charitable organizations that promote or provide access to justice for low income residents of the State of Illinois. Provides that the new provisions do not apply to any class action against a public entity or a public employee.

Senate Committee Amendment No. 1
Deletes everything after the enacting clause. Amends the Code of Civil Procedure. Provides that residual funds in a class action common fund that remain after payments are made for class members' claims, attorney's fees and costs, and any agreed reversions to a defendant, shall be paid to nonprofit charitable organizations. An order that approves a proposed settlement of a class action shall establish a process for the administration of the settlement and provide for the distribution of any residual funds to one or more nonprofit charitable organizations that principally promote or provide access to justice for low-income Illinois residents or that serve the public good, if the court finds good cause for such a distribution as part of the settlement. This Section does not apply to any class action against the State or any of its political subdivisions. Applies to all cases pending on the effective date of this amendatory Act and all cases commenced on or after the effective date. Effective July 1, 2007.

Senate Floor Amendment No. 3
Further amends the Code of Civil Procedure. Adds a definition for "eligible organization" which means a not-for-profit organization that for 3 years has existed and been exempt from federal taxes under Section 501(c)(3) of the Internal Revenue Code, and that would be eligible for funding under the Illinois Equal Justice Act. Provides that residual funds created pursuant to a settlement shall be distributed to one or more "eligible organizations" (at present, to one or more nonprofit charitable organizations that have a principal purpose of providing access to justice for low-income Illinois residents), except that up to 50% may be distributed to one or more charitable organizations upon a finding of good cause by the court to approve that distribution. Provides that residual funds created pursuant to a judgment shall be distributed to one or more "eligible organizations" (at present, to one or more nonprofit charitable organizations that have a principal purpose of providing access to justice for low-income Illinois residents).

Actions 
DateChamber Action
  1/12/2006SenateFiled with Secretary by Sen. John J. Cullerton
  1/12/2006SenateFirst Reading
  1/12/2006SenateReferred to Rules
  1/19/2006SenateAssigned to Judiciary
  2/1/2006SenateHeld in Judiciary
  2/8/2006SenateHeld in Judiciary
  2/9/2006SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
  2/9/2006SenateSenate Committee Amendment No. 1 Referred to Rules
  2/14/2006SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  2/14/2006SenateSenate Committee Amendment No. 1 Adopted
  2/15/2006SenateDo Pass as Amended Judiciary; 010-000-000
  2/15/2006SenatePlaced on Calendar Order of 2nd Reading February 16, 2006
  2/16/2006SenateSecond Reading
  2/16/2006SenatePlaced on Calendar Order of 3rd Reading February 22, 2006
  2/22/2006SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
  2/22/2006SenateSenate Floor Amendment No. 2 Referred to Rules
  2/23/2006SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary
  2/24/2006SenateSenate Floor Amendment No. 2 Held in Judiciary
  2/28/2006SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Peter J. Roskam
  2/28/2006SenateSenate Floor Amendment No. 3 Referred to Rules
  2/28/2006SenateSenate Floor Amendment No. 3 Rules Refers to Judiciary
  3/1/2006SenateSenate Floor Amendment No. 2 Held in Judiciary
  3/1/2006SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 008-000-000
  3/2/2006SenateRecalled to Second Reading
  3/2/2006SenateSenate Floor Amendment No. 3 Adopted; Roskam
  3/2/2006SenatePlaced on Calendar Order of 3rd Reading
  3/2/2006SenateThird Reading - Passed; 054-000-000
  3/2/2006SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  3/2/2006HouseArrived in House
  3/2/2006HousePlaced on Calendar Order of First Reading
  3/2/2006HouseChief House Sponsor Rep. John A. Fritchey
  3/2/2006HouseFirst Reading
  3/2/2006HouseReferred to Rules Committee
  1/9/2007SenateSession Sine Die

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