SB2284sam001 94TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 2/9/2006

09400SB2284sam001 LRB094 16496 AJO 55670 a

AMENDMENT TO SENATE BILL 2284

AMENDMENT NO. ______. Amend Senate Bill 2284 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by adding Section 2-807 as follows:

(735 ILCS 5/2-807 new)

Sec. 2-807. Residual funds in a common fund created in a class action.

(a) Definitions. As used in this Section, "residual funds" means all unclaimed funds, including uncashed checks or other unclaimed payments, that remain in a common fund created in a class action after court-approved payments are made for the following:

(i) class member claims;

(ii) attorney's fees and costs; and

(iii) any reversions to a defendant agreed upon by the parties.

(b) Settlement. An order approving a proposed settlement of a class action that results in the creation of a common fund for the benefit of the class shall, consistent with the other Sections of this Part, establish a process for the administration of the settlement and shall provide for the distribution of any residual funds to one or more nonprofit charitable organizations that have a principal purpose of promoting or providing access to justice for low-income residents of the State of Illinois, except that up to 50% of the residual funds may be distributed to one or more other nonprofit charitable organizations or other organizations that serve the public good if the court finds there is good cause to approve such a distribution as part of a settlement.

(c) Judgment. A judgment in favor of the plaintiff in a class action that results in the creation of a common fund for the benefit of the class shall provide for the distribution of any residual funds to one or more nonprofit charitable organizations that have a principal purpose of promoting or providing access to justice for low-income residents of the State of Illinois.

(d) State and its political subdivisions. This Section does not apply to any class action lawsuit against the State of Illinois or any of its political subdivisions.

(e) Application. This Section applies to all actions commenced on or after the effective date of this amendatory Act of the 94th General Assembly and to all actions pending on the effective date of this amendatory Act of the 94th General Assembly.

Section 99. Effective date. This Act takes effect July 1, 2007.".