Sen. John J. Cullerton
Filed: 2/9/2006
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2284 




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

 
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    "Section 5. The Code of Civil Procedure is amended  by 
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adding Section 2-807 as follows:
 
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    (735 ILCS 5/2-807  new)
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    Sec. 2-807. Residual funds in a common fund created in a 
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class action.
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    (a) Definitions.  As used in this Section, "residual funds" 
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means all unclaimed funds, including uncashed checks or other 
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unclaimed payments, that remain in a common fund created in a 
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class action after court-approved payments are made for the 
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following:
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        (i) class member claims;
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        (ii) attorney's fees and costs; and
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        (iii) any reversions to a defendant agreed upon by the 
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    parties.
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    (b) Settlement.  An order approving a proposed settlement of 
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a class action that results in the creation of a common fund 
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for the benefit of the class shall, consistent with the other 
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Sections of this Part, establish a process for the 
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administration of the settlement 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, except that up to 50% of 
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the residual funds may be distributed to one or more other 
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nonprofit charitable organizations or other organizations that 
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serve the public good if the court finds there is good cause to 
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approve such a distribution as part of a settlement.
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    (c) Judgment.  A judgment in favor of the plaintiff in a 
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class action that results in the creation of a common fund for 
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the benefit of the class shall provide for the distribution of 
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any residual funds to one or more nonprofit charitable 
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organizations that have a principal purpose of promoting or 
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providing access to justice for low-income residents of the 
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State of Illinois.
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    (d) State and its political subdivisions.  This Section does 
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not apply to any class action lawsuit against the State of 
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Illinois or any of its political subdivisions.
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    (e) Application. This Section applies to all actions 
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commenced on or after the effective date of this amendatory Act 
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of the 94th General Assembly and to all actions pending on the 
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effective date of this amendatory Act of the 94th General 
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Assembly.

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