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H. B. No. 427 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Schneider, Sykes
Cosponsors:
Representatives Brown, DeGeeter, Dodd, Domenick, Phillips, Yuko
A BILL
To enact section 2315.50 of the Revised Code to
declare how monetary awards in class actions that
are not paid over to members of the class are to
be used.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2315.50 of the Revised Code be
enacted to read as follows:
Sec. 2315.50. (A) This section applies to an action
maintained as a class action in which the settlement agreement or
judgment includes a monetary award, including compensatory or
punitive and exemplary damages, restitution, or any other payment
of money due from each defendant to the members of the class.
(B) It is the policy of this state, insofar as it is not
inconsistent with federal law, that, except as otherwise provided
by court order, all unpaid moneys remaining after the
distribution to the members of the class of monetary awards in
class actions described in division (A) of this section shall be
used for charitable public purposes. All of those unpaid moneys
shall be distributed to charities, nonprofit organizations, and
charitable programs selected in the action and approved by the
court. A charity, nonprofit organization, or charitable program
must be exempt from federal income taxation under section
501(c)(3) of the "Internal Revenue Code of 1986," 26 U.S.C. 1, 100
Stat. 2085, as amended in order to qualify as a recipient of the
unpaid moneys under this section.
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