CIV PRO-CLASS ACTION-RESIDUAL Senate SponsorsSen. John J. Cullerton House Sponsors(Rep. Lou Lang) 8/27/2007SenatePublic Act . . . . . . . . . 95-0479 735 ILCS 5/2-807 newAmends 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.Senate Committee Amendment No. 1 Replaces everything after the enacting clause with substantially similar provisions, but with changes that include the following: (1) provides that class action residual funds remaining in a common fund shall be distributed to one or more "eligible" nonprofit organizations, except that up to 50% of the residual funds may be distributed to nonprofit charitable organizations that serve the public good if the court approves; (2) defines "eligible organization" as a not-for-profit organization that has been in existence and been a tax exempt Section 501(c)(3) organization for at least 3 years; and (3) provides that the Section does not apply to any class action against the State or any political subdivision (instead of a public entity or a public employee). Effective July 1, 2008.Senate Floor Amendment No. 4 Replaces everything after the enacting clause with substantially similar provisions, except for the following: defines "eligible organization" as a not-for-profit organization that existed for at least 3 years as a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code, is in compliance with the Charitable Trust Act and the Solicitation for Charity Act, and which has a principal purpose of providing services eligible for funding under the Illinois Equal Justice Act; provides that residual funds remaining in a common fund in a class action shall be distributed to one or more eligible organizations (instead of nonprofit charitable organizations that have a principal purpose of promoting or providing access to justice for low income residents); provides that the Section applies to all actions commenced on or after the effective date and to all actions pending on the effective date. Effective July 1, 2008.House Amendment No. 1 Further amends the Code of Civil Procedure. Provides that the new Section concerning residual funds in a class action common fund applies to all actions pending on the effective date for which no court order has been entered preliminarily approving a proposed settlement for a class of plaintiffs (instead of applies to all actions pending on the effective date). 2/8/2007SenateFiled with Secretary by Sen. John J. Cullerton 2/8/2007SenateFirst Reading 2/8/2007SenateReferred to Rules 2/21/2007SenateAssigned to Judiciary Civil Law 2/22/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton 2/22/2007SenateSenate Committee Amendment No. 1 Referred to Rules 2/28/2007SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton 2/28/2007SenateSenate Committee Amendment No. 2 Referred to Rules 2/28/2007SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary Civil Law 2/28/2007SenateSenate Committee Amendment No. 1 Adopted 3/1/2007SenateDo Pass as Amended Judiciary Civil Law; 010-000-000 3/1/2007SenatePlaced on Calendar Order of 2nd Reading March 2, 2007 3/2/2007SenateSecond Reading 3/2/2007SenatePlaced on Calendar Order of 3rd Reading March 6, 2007 3/7/2007SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. John J. Cullerton 3/7/2007SenateSenate Floor Amendment No. 3 Referred to Rules 3/14/2007SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. John J. Cullerton 3/14/2007SenateSenate Floor Amendment No. 4 Referred to Rules 3/21/2007SenateSenate Floor Amendment No. 4 Rules Refers to Judiciary Civil Law 3/22/2007SenateSenate Floor Amendment No. 4 Recommend Do Adopt Judiciary Civil Law; 008-000-000 3/23/2007SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. John J. Cullerton 3/23/2007SenateSenate Floor Amendment No. 5 Referred to Rules 3/27/2007SenateSenate Floor Amendment No. 5 Rules Refers to Judiciary Civil Law 3/28/2007SenateSenate Floor Amendment No. 5 Held in Judiciary Civil Law 3/29/2007SenateRecalled to Second Reading 3/29/2007SenateSenate Floor Amendment No. 4 Adopted; Cullerton 3/29/2007SenatePlaced on Calendar Order of 3rd Reading 3/29/2007SenateThird Reading - Passed; 058-000-000 3/29/2007SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a) 3/29/2007SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a) 3/29/2007SenateSenate Floor Amendment No. 5 Tabled Pursuant to Rule 5-4(a) 3/30/2007HouseArrived in House 3/30/2007HousePlaced on Calendar Order of First Reading 4/17/2007HouseChief House Sponsor Rep. Lou Lang 4/17/2007HouseFirst Reading 4/17/2007HouseReferred to Rules Committee 4/30/2007HouseAssigned to Judiciary I - Civil Law Committee 5/16/2007HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee 5/16/2007HouseHouse Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote 5/16/2007HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 012-000-000 5/16/2007HousePlaced on Calendar 2nd Reading - Short Debate 5/24/2007HouseSecond Reading - Short Debate 5/24/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/29/2007HouseThird Reading - Short Debate - Passed 116-000-000 5/30/2007SenateSecretary's Desk - Concurrence House Amendment(s) 01 5/30/2007SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01 - May 31, 2007 5/30/2007SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton 5/30/2007SenateHouse Amendment No. 1 Motion to Concur Referred to Rules 5/30/2007SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Judiciary Civil Law 5/31/2007SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Civil Law; 008-000-000 5/31/2007SenateHouse Amendment No. 1 Senate Concurs 058-000-000 5/31/2007SenatePassed Both Houses 6/29/2007SenateSent to the Governor 8/27/2007SenateGovernor Approved 8/27/2007SenateEffective Date July 1, 2008 8/27/2007SenatePublic Act . . . . . . . . . 95-0479