95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0486


 
Introduced 2/8/2007, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		













735 ILCS 5/2-807 new










    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.  Effective January 1, 2008.
















LRB095 03620 AJO 23642 b

















 


 


A BILL FOR









 











SB0486

LRB095 03620 AJO 23642 b






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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Code of Civil Procedure is amended  by adding 
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Section 2-807 as follows:
 
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    (735 ILCS 5/2-807  new)
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    Sec. 2-807. Residual funds.
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    (a) As used in this Section,  "residual funds" means all 
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unclaimed funds, including uncashed checks or other unclaimed 
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payments, that remain in a  common fund created in a class 
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action after court approved payments are made for class member 
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claims, attorney's fees and costs, and other distributions or 
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reversions.
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    (b) A judgment approving a proposed compromise or 
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settlement of a class action shall establish a process and 
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timeline for identifying and compensating members of the class 
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and shall provide for the distribution of any residual funds to 
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one or more nonprofit charitable organizations that have a 
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principal purpose of promoting or providing access to justice 
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for low income residents of the State of Illinois, except that 
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up to 50% of the residual funds may be distributed to one or 
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more other nonprofit charitable organizations that the court 
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approves as part of a settlement if the court finds there is 
 


 






SB0486
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good cause to do so.

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    (c) A contested or default judgment in a class action shall 
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establish a process and timeline for identifying and 
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compensating members of the class and shall provide for the 
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distribution of any residual funds to one or more nonprofit 
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charitable organizations that have a principal purpose of 
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promoting or providing access to justice for low income 
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residents of the State of Illinois.

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    (d) Nothing in this Section shall be construed to prevent a 
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court, in a class action that does not create a common fund,  
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from approving distributions to nonprofit charitable 
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organizations that promote or provide access to justice for low 
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income residents of the State of Illinois.

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    (e) This Section does not apply to any class action against 
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a public entity or a public employee.


 
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    Section 99. Effective date. This Act takes effect January 
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1, 2008.