Illinois 94th Regular Session Status: Passed Senate

SB 2284 — CIV PRO-CLASS ACTION-RESIDUAL

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

What changed in the latest version

45 added · 58 removed

Plain-language change summary

The amendment to SB 2284 clarifies how leftover funds from class action settlements should be distributed. Under the new version, any unclaimed funds will now go to not-for-profit organizations that have been operating for at least three years and focus on providing justice-related services. This change is significant because it ensures that the funds are allocated to established organizations, potentially improving access to justice for those in need, particularly low-income residents. Additionally, the previous option to award up to 50% of leftover funds to other charities has been removed, streamlining the distribution process.

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*LRB09416496AJO51757b* SB2284 94TH GENERAL ASSEMBLY State of Illinois and 2006 SB2284 Introduced 1/12/2006, by Sen.
SB2284 Engrossed LRB094 16496 AJO 51757 b AN ACT concerning civil law.
John J.
Cullerton SYNOPSIS AS INTRODUCED:
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.
LRB094 16496 AJO 51757 b A BILL FOR SB2284 LRB094 16496 AJO 51757 b AN ACT concerning civil law.
Residual funds.
Residual funds in a common fund created in a class action.
(a) As used in this Section, "residual funds" means all unclaimed funds, including uncashed checks or other unclaimed payments, that remain in a common fund created in a class action after court approved payments are made for class member claims, attorney’s fees and costs, and other distributions or reversions.
(a) Definitions.
(b) A judgment approving a proposed compromise or settlement of a class action shall establish a process and timeline for identifying and compensating members of the class and shall provide for the distribution of any residual funds to one or more nonprofit charitable organizations that have a principal purpose of promoting or providing access to justice for low income residents of the State of Illinois, 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.
As used in this Section:
(c) A contested or default judgment in a class action shall establish a process and timeline for identifying and compensating members of the class and shall provide for the distribution of any residual funds to one or more nonprofit charitable organizations that have a principal purpose of promoting or providing access to justice for low income residents of the State of Illinois.
"Eligible organization" means a not-for-profit organization that has been in existence for no less than 3 years, has been tax exempt for no less than 3 years from the payment of federal taxes under Section 501(c)(3) of the Internal Revenue Code, and has a principal purpose of promoting or providing services that would be eligible for funding under the Illinois Equal Justice Act.
(d) Nothing in this Section shall be construed to prevent a SB2284 - 2 - LRB094 16496 AJO 51757 b 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.
"Residual funds" means all unclaimed funds, including uncashed checks or other unclaimed payments, that remain in a common fund created in a class action after court-approved payments are made for the following:
(e) This Section does not apply to any class action against a public entity or a public employee.
(i) class member claims;
(ii) attorney’s fees and costs;
and (iii) any reversions to a defendant agreed upon by the parties.
(b) Settlement.
An order approving a proposed settlement of a class action that results in the creation of a common fund for the benefit of the class shall, consistent with the other Sections of this Part, establish a process for the administration of the settlement and shall provide for the distribution of any residual funds to one or more eligible organizations, except that up to 50% of the residual funds may be distributed to one or more other nonprofit charitable SB2284 Engrossed - 2 - LRB094 16496 AJO 51757 b organizations or other organizations that serve the public good if the court finds there is good cause to approve such a distribution as part of a settlement.
(c) Judgment.
A judgment in favor of the plaintiff in a class action that results in the creation of a common fund for the benefit of the class shall provide for the distribution of any residual funds to one or more eligible organizations.
(d) State and its political subdivisions.
This Section does not apply to any class action lawsuit against the State of Illinois or any of its political subdivisions.
(e) Application.
This Section applies to all actions commenced on or after the effective date of this amendatory Act of the 94th General Assembly and to all actions pending on the effective date of this amendatory Act of the 94th General Assembly.
Section 99.
Effective date.
This Act takes effect July 1, 2007.
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Action History

  1. Session Sine Die

  2. Referred to Rules Committee

  3. First Reading

  4. Chief House Sponsor Rep. John A. Fritchey

  5. Placed on Calendar Order of First Reading

  6. Arrived in House

  7. Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)

  8. Third Reading - Passed; 054-000-000

  9. Placed on Calendar Order of 3rd Reading

  10. Senate Floor Amendment No. 3 Adopted; Roskam

  11. Recalled to Second Reading

  12. Senate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 008-000-000

  13. Senate Floor Amendment No. 2 Held in Judiciary

  14. Senate Floor Amendment No. 3 Rules Refers to Judiciary

  15. Senate Floor Amendment No. 3 Referred to Rules

  16. Senate Floor Amendment No. 3 Filed with Secretary by Sen. Peter J. Roskam

  17. Senate Floor Amendment No. 2 Held in Judiciary

  18. Senate Floor Amendment No. 2 Rules Refers to Judiciary

  19. Senate Floor Amendment No. 2 Referred to Rules

  20. Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton

  21. Placed on Calendar Order of 3rd Reading February 22, 2006

  22. Second Reading

  23. Placed on Calendar Order of 2nd Reading February 16, 2006

  24. Do Pass as Amended Judiciary; 010-000-000

  25. Senate Committee Amendment No. 1 Adopted

  26. Senate Committee Amendment No. 1 Rules Refers to Judiciary

  27. Senate Committee Amendment No. 1 Referred to Rules

  28. Senate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

  29. Held in Judiciary

  30. Held in Judiciary

  31. Assigned to Judiciary

  32. Referred to Rules

  33. First Reading

  34. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • John J. Cullerton · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • John J. Cullerton

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 48005
Democrat 5000
Republican 1000
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Forby — Yea
Geo-Karis — Yea
Halvorson — Yea
Lauzen — Yea
Luechtefeld — Not Voting
Maloney — Yea
Meeks — Not Voting
Millner — Yea
Pankau — Yea
Munoz — Yea
Peterson — Yea
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Sullivan — Yea
Silverstein — Yea
Petka — Yea
Trotter — Yea
Jacobs — Yea
Viverito — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Wilhelmi — Yea
Winkel — Not Voting
Demuzio — Yea
Brady — Not Voting
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Not Voting
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2284 do?
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.
Who sponsors SB 2284?
SB 2284 is sponsored by John J. Cullerton.
What is the current status of SB 2284?
This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2284?
Track SB 2284 free on One Click Politics — get push/email alerts when it moves.

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