093_SB0114sam001

 










                                     LRB093 04912 WGH 13241 a

 1                    AMENDMENT TO SENATE BILL 114

 2        AMENDMENT NO.     .  Amend Senate Bill 114  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Code of Civil Procedure is amended by
 5    changing Sections 2-801, 2-802, and 2-803 and adding Sections
 6    2-807, 2-808, and 2-809 as follows:

 7        (735 ILCS 5/2-801) (from Ch. 110, par. 2-801)
 8        Sec. 2-801. Prerequisites for the maintenance of a  class
 9    action.
10        (a)  An  action  may be maintained as a class action only
11    in the any court sitting in the county of this State in which
12    (i) the defendant's principal office  is  located,  (ii)  the
13    plurality of class members who are Illinois residents reside,
14    or (iii) the cause of action arose for the plurality of class
15    members.  and  A party may sue or be sued as a representative
16    party of the class only if the court finds:
17             (1)  The class is so numerous that  joinder  of  all
18        members is impracticable.
19             (2)  There  are  questions  of fact or law common to
20        the class, which common questions  predominate  over  any
21        questions  affecting  only individual members and a class
22        action is superior to other  available  methods  for  the
 
                            -2-      LRB093 04912 WGH 13241 a
 1        fair  and  efficient adjudication of the controversy. The
 2        matters  pertinent  to  the  findings  include:  (A)  the
 3        interest  of  members  of  the  class   in   individually
 4        controlling   the  prosecution  or  defense  of  separate
 5        actions; (B) the extent  and  nature  of  any  litigation
 6        concerning   the  controversy  already  commenced  by  or
 7        against members of the class;  (C)  the  desirability  or
 8        undesirability  of  concentrating  the  litigation of the
 9        claims in the  particular  forum;  (D)  the  difficulties
10        likely  to  be  encountered  in the management of a class
11        action.
12             (3)  The  representative  parties  will  fairly  and
13        adequately protect the interest of the class.
14             (4)  The class action is an appropriate  method  for
15        the fair and efficient adjudication of the controversy.
16        (b)  Notwithstanding  the provisions of subsection (a), a
17    class action may be certified only if the  plurality  of  the
18    class  members  are residents of Illinois or if the plurality
19    of the class members were physically  in  Illinois  when  the
20    cause of action arose.
21    (Source: P.A. 82-280.)

22        (735 ILCS 5/2-802) (from Ch. 110, par. 2-802)
23        Sec. 2-802. Order and findings relative to the class.
24        (a)  Preliminary determinations. Before making any of the
25    determinations  set  forth  in  subsections  (b) and (c), the
26    court shall determine  whether  the  action  which  has  been
27    brought  as  a  class  action has been commenced in the court
28    sitting in  the  County  of  this  State  in  which  (i)  the
29    defendant's  principal  office is located, (ii) the plurality
30    of class members who are Illinois residents reside, or  (iii)
31    the cause of action arose for the plurality of class members,
32    and,  if  the court determines that it has not been commenced
33    in such county, the court may not permit  the  action  to  be
 
                            -3-      LRB093 04912 WGH 13241 a
 1    maintained  as a class action pursuant to subsections (b) and
 2    (c).
 3        (b)  Determination of  Class.   As  soon  as  practicable
 4    after  the  commencement  of  an  action  brought  as a class
 5    action, the court shall determine by order whether it may  be
 6    so  maintained  and describe those whom the court finds to be
 7    members of the class.  This order may be conditional and  may
 8    be amended before a decision on the merits.
 9        (c)  (b)  Class Action on Limited Issues and Sub-classes.
10    When appropriate, an action may be brought or maintained as a
11    class action with respect to particular  issues,  or  divided
12    into sub-classes  and each sub-class treated as a class.  The
13    provisions  of  this rule shall then be construed and applied
14    accordingly.
15    (Source: P.A. 82-280.)

16        (735 ILCS 5/2-803) (from Ch. 110, par. 2-803)
17        Sec. 2-803. Notice to Class Members.
18        (a)  For any class certified under this Part 8, the court
19    may direct appropriate notice to the class.
20        (b)  For any class certified under this Part 8, the court
21    must direct to class  members  the  best  notice  practicable
22    under  the  circumstances, including individual notice to all
23    members who can be identified through reasonable effort.  The
24    notice  must  concisely  and  clearly  state in plain, easily
25    understood language:
26             (1)  the nature of the action;
27             (2)  the definition of the class certified;
28             (3)  the class claims, issues, or defenses;
29             (4)  that a class member  may  enter  an  appearance
30        through counsel if the member so desires;
31             (5)  that  the court will exclude from the class any
32        member who  requests  exclusion,  stating  when  and  how
33        members may elect to be excluded; and
 
                            -4-      LRB093 04912 WGH 13241 a
 1             (6)  the binding effect of a class judgment on class
 2        members  under  this  Part  8.  in  class  cases.  Upon a
 3        determination that an action may be maintained as a class
 4        action, or at any time during the conduct of the  action,
 5        the court in its discretion may order such notice that it
 6        deems necessary to protect the interests of the class and
 7        the parties.
 8        An order entered under subsection (a) of Section 2-802 of
 9    this  Act,  determining that an action may be maintained as a
10    class action, may be conditioned  upon  the  giving  of  such
11    notice as the court deems appropriate.
12    (Source: P.A. 83-707.)

13        (735 ILCS 5/2-807 new)
14        Sec.   2-807.  Judicial  scrutiny  of  coupon  and  other
15    noncash  settlements.  The  court  may  approve  a   proposed
16    settlement  under  which  the  class  members  would  receive
17    coupons  or other similar noncash benefits or would otherwise
18    be required to expend funds to obtain  part  or  all  of  the
19    proposed  benefits only after a hearing to determine whether,
20    and making a written finding that, the  settlement  is  fair,
21    reasonable, and adequate for class members.

22        (735 ILCS 5/2-808 new)
23        Sec.  2-808.  Protection  against  loss by class members.
24    The court may approve a proposed settlement under  which  any
25    class  member  is obligated to pay sums to class counsel that
26    would result in a net loss to the class member  only  if  the
27    court  makes  a  written finding that nonmonetary benefits to
28    the class member outweigh the monetary loss.

29        (735 ILCS 5/2-809 new)
30        Sec. 2-809.  Attorney's fees. Any  attorney  representing
31    any  member  or  members  of  the  plaintiff class in a class
 
                            -5-      LRB093 04912 WGH 13241 a
 1    action may seek payment of attorney's fees and costs pursuant
 2    to a petition filed with the court of jurisdiction. The court
 3    shall make a determination based on findings of fact that the
 4    amount awarded for attorney's fees and  costs  is  reasonable
 5    and commensurate with the benefits conferred upon the members
 6    of the class represented by the attorney or attorneys who are
 7    the petitioners for fees and costs.".