Public Act 095-0479
 
SB0486 Enrolled LRB095 03620 AJO 23642 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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:
    "Eligible organization" means a not-for-profit
organization that:
        (i) has been in existence for no less than 3 years;
        (ii) has been tax exempt for no less than 3 years from
    the payment of federal taxes under Section 501(c)(3) of the
    Internal Revenue Code;
        (iii) is in compliance with registration and filing
    requirements applicable pursuant to the Charitable Trust
    Act and the Solicitation for Charity Act; and
        (iv) has a principal purpose of promoting or providing
    services that would be eligible for funding under the
    Illinois Equal Justice Act.
    "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 eligible
organizations, 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 eligible organizations.
    (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 95th General Assembly and to all actions pending on the
effective date of this amendatory Act of the 95th General
Assembly for which no court order has been entered
preliminarily approving a proposed settlement for a class of
plaintiffs.
 
    Section 99. Effective date. This Act takes effect July 1,
2008.