HB2552ham001 94TH GENERAL ASSEMBLY

Rep. Karen May

Filed: 4/12/2005

09400HB2552ham001 LRB094 08257 LCB 44961 a

AMENDMENT TO HOUSE BILL 2552

AMENDMENT NO. ______. Amend House Bill 2552 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by adding Sections 2-807 and 2-808 as follows:

(735 ILCS 5/2-807 new)

Sec. 2-807. Unpaid residue.

(a) It is the intent of the General Assembly in enacting this Section to ensure that the unpaid residue in class action litigation is distributed, to the extent possible, in a manner designed either to further the purposes of the underlying cause of action or to promote access to justice for all citizens of the State of Illinois. The General Assembly finds that the use of funds collected pursuant to this Section for these purposes is in the public interest, is a proper use of the funds, and is consistent with essential public and governmental purposes.

(b) Except as provided in subsection (c), prior to the entry of any judgment in a class action maintained pursuant to Section 8-802 of this Act, the court shall determine the total amount payable to all class members if all class members are paid the amount to which they are entitled pursuant to the judgment. The judgment shall direct the defendant to pay the sum of the unpaid residue, plus interest on that sum at the legal rate of interest from the date of entry of the initial judgment, to nonprofit organizations or foundations to support projects that promote access to justice for Illinois residents or will benefit the class or similarly situated persons consistent with the objectives and purposes of the underlying cause of action. If the class action litigation was brought pursuant to any Illinois environmental statute, then the court shall amend the judgment to direct the defendant to pay the sum of the unpaid residue, plus interest on that sum at the legal rate of interest from the date of entry of the initial judgment, into the Illinois Class Action Environmental Trust Fund, which is created as a special Fund in the State treasury. The court shall ensure that the distribution of any unpaid residue derived from multistate or national cases brought under an Illinois law shall provide substantial or commensurate benefit to Illinois consumers.

(c) This Section does not apply to any class action brought against any public entity or any public employee. This Section shall not be construed to abrogate any equitable or cy pres remedy that may be available in any class action with regard to all or part of the residue.

(d) The Illinois Class Action Environmental Trust Fund shall, subject to appropriation, be allocated pursuant to this Section.

(735 ILCS 5/2-808 new)

Sec. 2-808. Illinois Class Action Environmental Trust Fund Board. There is hereby created the Illinois Class Action Environmental Trust Fund Board. The Board shall be chaired by the Lieutenant Governor and also include the Director of Public Health, the Director of Agriculture, the Director of Natural Resources, and the Director of the Environmental Protection Agency, or their designees. The Board shall have the authority to promulgate rules governing the allocation of monies received for the Illinois Class Action Environmental Trust Fund.

Section 5.640. The State Finance Act is amended by adding Section 5.640 as follows:

(30 ILCS 105/5.640 new)

Sec. 5.640. The Illinois Class Action Environmental Trust Fund.

Section 99. Effective date. This Act takes effect upon becoming law.".