State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 002 ]
[ Senate Amendment 001 ]

91_SB1975

 
                                              LRB9115007REdvB

 1        AN ACT concerning land claims.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Attorney General Act is amended by adding
 5    Section 4e as follows:

 6        (15 ILCS 205/4e new)
 7        Sec. 4e. Recovery of lands; payment of legal  fees.    At
 8    the  request  of  the  Governor,  the  Attorney  General  may
 9    designate   counsel  and  pay  or  reimburse  reasonable  and
10    appropriate fees and expenses of that counsel to provide  for
11    the  defense  of  any  litigation,  action, or proceeding (1)
12    brought to recover lands within the State  from  any  private
13    individual, unit of local government, or school district that
14    currently  holds title or a beneficial interest in title that
15    originally derives from a federal land patent that is alleged
16    to be invalid and (2) that the  Attorney  General  determines
17    could result in the loss of State sovereignty or jurisdiction
18    over  those  lands or liability for rents or damages accruing
19    as a result of invalidity of the federal land patent.

20        Section 10.  The State Employee Indemnification Act, also
21    known  as  "An  Act  to  provide   for   representation   and
22    indemnification  in  certain  civil  lawsuits", is amended by
23    changing Section 2 as follows:

24        (5 ILCS 350/2) (from Ch. 127, par. 1302)
25        Sec. 2.   Representation  and  indemnification  of  State
26    employees.
27        (a)  In  the event that any civil proceeding is commenced
28    against any State employee arising out of any act or omission
29    occurring  within  the  scope   of   the   employee's   State
 
                            -2-               LRB9115007REdvB
 1    employment,  the  Attorney  General  shall,  upon  timely and
 2    appropriate notice to him by such employee, appear on  behalf
 3    of  such  employee  and defend the action.  In the event that
 4    any civil proceeding is commenced against any  physician  who
 5    is  an  employee  of  the  Department  of  Corrections or the
 6    Department of Human Services (in a position relating  to  the
 7    Department's  mental  health  and  developmental disabilities
 8    functions) alleging death or bodily injury or other injury to
 9    the person of the complainant resulting from and arising  out
10    of any act or omission occurring on or after December 3, 1977
11    within  the  scope  of  the  employee's  State employment, or
12    against any physician who is an employee of the Department of
13    Veterans' Affairs alleging death or bodily  injury  or  other
14    injury  to  the  person of the complainant resulting from and
15    arising out of any act or omission occurring on or after  the
16    effective  date  of  this  amendatory  Act of 1988 within the
17    scope of the employee's State employment,  or  in  the  event
18    that  any  civil proceeding is commenced against any attorney
19    who is an employee of the State Appellate  Defender  alleging
20    legal  malpractice  or  for  other damages resulting from and
21    arising out of any legal act  or  omission  occurring  on  or
22    after  December  3,  1977, within the scope of the employee's
23    State employment, or in the event that any  civil  proceeding
24    is  commenced  against  any  individual  or  organization who
25    contracts with the Department of Labor to provide services as
26    a carnival  and  amusement  ride  safety  inspector  alleging
27    malpractice,  death  or  bodily injury or other injury to the
28    person arising out of any act or  omission  occurring  on  or
29    after  May 1, 1985, within the scope of that employee's State
30    employment, the  Attorney  General  shall,  upon  timely  and
31    appropriate  notice to him by such employee, appear on behalf
32    of such employee and defend  the  action.   Any  such  notice
33    shall be in writing, shall be mailed within 15 days after the
34    date  of  receipt  by the employee of service of process, and
 
                            -3-               LRB9115007REdvB
 1    shall authorize the Attorney General to represent and  defend
 2    the employee in the proceeding.  The giving of this notice to
 3    the  Attorney  General  shall  constitute an agreement by the
 4    State employee to cooperate with the Attorney General in  his
 5    defense of the action and a consent that the Attorney General
 6    shall  conduct  the  defense as he deems advisable and in the
 7    best interests of the employee, including settlement  in  the
 8    Attorney  General's  discretion.  In any such proceeding, the
 9    State shall pay the court costs and  litigation  expenses  of
10    defending such action, to the extent approved by the Attorney
11    General as reasonable, as they are incurred.
12        (b)  In  the  event  that the Attorney General determines
13    that so  appearing  and  defending  an  employee  either  (1)
14    involves  an actual or potential conflict of interest, or (2)
15    that the act or omission which gave rise to the claim was not
16    within the scope of the employee's State  employment  or  was
17    intentional,   wilful  or  wanton  misconduct,  the  Attorney
18    General shall decline in writing to appear or defend or shall
19    promptly take appropriate action to withdraw as attorney  for
20    such employee.  Upon receipt of such declination or upon such
21    withdrawal  by the Attorney General on the basis of an actual
22    or potential conflict of interest,  the  State  employee  may
23    employ  his own attorney to appear and defend, in which event
24    the State shall pay the employee's  court  costs,  litigation
25    expenses  and  attorneys'  fees to the extent approved by the
26    Attorney General as reasonable, as they are incurred.  In the
27    event  that  the  Attorney  General  declines  to  appear  or
28    withdraws on the grounds that the act  or  omission  was  not
29    within the scope of employment, or was intentional, wilful or
30    wanton  misconduct, and a court or jury finds that the act or
31    omission of the  State  employee  was  within  the  scope  of
32    employment   and   was  not  intentional,  wilful  or  wanton
33    misconduct, the State shall indemnify the State employee  for
34    any  damages  awarded  and  court  costs  and attorneys' fees
 
                            -4-               LRB9115007REdvB
 1    assessed as part of any final and  unreversed  judgment.   In
 2    such  event  the  State  shall  also pay the employee's court
 3    costs, litigation expenses and attorneys' fees to the  extent
 4    approved by the Attorney General as reasonable.
 5        In  the  event that the defendant in the proceeding is an
 6    elected State official,  including  members  of  the  General
 7    Assembly,  the  elected  State official may retain his or her
 8    attorney, provided that said  attorney  shall  be  reasonably
 9    acceptable  to  the Attorney General.  In such case the State
10    shall  pay  the  elected  State   official's   court   costs,
11    litigation  expenses,  and  attorneys'  fees,  to  the extent
12    approved by the Attorney General as reasonable, as  they  are
13    incurred.
14        (b-5)  The  Attorney  General  may file a counterclaim on
15    behalf of a State employee, provided:
16             (1)  the Attorney General determines that the  State
17        employee  is entitled to representation in a civil action
18        under this Section;
19             (2)  the counterclaim  arises  out  of  any  act  or
20        omission  occurring  within  the  scope of the employee's
21        State employment that is the subject of the civil action;
22        and
23             (3)  the employee agrees in writing that if judgment
24        is entered in favor of the employee, the  amount  of  the
25        judgment shall be applied to offset any judgment that may
26        be  entered  in  favor  of  the  plaintiff,  and  then to
27        reimburse  the  State  treasury  for  court   costs   and
28        litigation  expenses required to pursue the counterclaim.
29        The balance of the collected judgment shall  be  paid  to
30        the State employee.
31        (c)  Notwithstanding any other provision of this Section,
32    representation  and indemnification of a judge under this Act
33    shall also be provided in any case where the plaintiff  seeks
34    damages  or any equitable relief as a result of any decision,
 
                            -5-               LRB9115007REdvB
 1    ruling or order of a judge made in the course of his  or  her
 2    judicial  or  administrative  duties,  without  regard to the
 3    theory   of   recovery    employed    by    the    plaintiff.
 4    Indemnification  shall  be  for  all  damages awarded and all
 5    court costs, attorney fees and litigation  expenses  assessed
 6    against the judge. When a judge has been convicted of a crime
 7    as  a result of his or her intentional judicial misconduct in
 8    a trial, that judge shall not be entitled to  indemnification
 9    and   representation   under  this  subsection  in  any  case
10    maintained by a party who seeks damages  or  other  equitable
11    relief as a direct result of the judge's intentional judicial
12    misconduct.
13        (d)  In  any  such  proceeding where notice in accordance
14    with this Section has been given  to  the  Attorney  General,
15    unless  the  court or jury finds that the conduct or inaction
16    which  gave  rise  to  the  claim  or  cause  of  action  was
17    intentional, wilful or wanton misconduct and was not intended
18    to serve or benefit interests of the State, the  State  shall
19    indemnify  the  State  employee  for  any damages awarded and
20    court costs and attorneys' fees assessed as part of any final
21    and unreversed judgment, or shall pay such judgment.   Unless
22    the  Attorney General determines that the conduct or inaction
23    which  gave  rise  to  the  claim  or  cause  of  action  was
24    intentional, wilful or wanton misconduct and was not intended
25    to serve or benefit interests of the State, the case  may  be
26    settled,  in  the  Attorney General's discretion and with the
27    employee's  consent,  and  the  State  shall  indemnify   the
28    employee  for  any  damages,  court costs and attorneys' fees
29    agreed to as part  of  the  settlement,  or  shall  pay  such
30    settlement.   Where  the  employee  is represented by private
31    counsel, any settlement must be so approved by  the  Attorney
32    General  and  the  court  having  jurisdiction,  which  shall
33    obligate the State to indemnify the employee.
34        (e) (i)  Court  costs  and  litigation expenses and other
 
                            -6-               LRB9115007REdvB
 1    costs of  providing  a  defense  or  counterclaim,  including
 2    attorneys'  fees  obligated  under this Section, and all fees
 3    and expenses of counsel incurred  under  Section  4e  of  the
 4    Attorney  General  Act, shall be paid from the State Treasury
 5    on the warrant of the Comptroller out of appropriations  made
 6    to the Department of Central Management Services specifically
 7    designed  for the payment of costs, fees and expenses covered
 8    by this Section.
 9        (ii)  Upon  entry  of  a  final  judgment   against   the
10    employee,  or  upon the settlement of the claim, the employee
11    shall  cause  to  be  served  a  copy  of  such  judgment  or
12    settlement, personally or by  certified  or  registered  mail
13    within  thirty  days of the date of entry or settlement, upon
14    the chief administrative officer of the department, office or
15    agency in which he is employed.  If not inconsistent with the
16    provisions of this Section, such judgment or settlement shall
17    be certified for payment by such chief administrative officer
18    and by the Attorney  General.   The  judgment  or  settlement
19    shall  be  paid from the State Treasury on the warrant of the
20    Comptroller out of appropriations made to the  Department  of
21    Central  Management  Services  specifically  designed for the
22    payment of claims covered by this Section.
23        (f)  Nothing contained or implied in this  Section  shall
24    operate, or be construed or applied, to deprive the State, or
25    any employee thereof, of any defense heretofore available.
26        (g)  This  Section  shall apply regardless of whether the
27    employee is  sued  in  his  or  her  individual  or  official
28    capacity.
29        (h)  This  Section  shall  not apply to claims for bodily
30    injury or damage  to  property  arising  from  motor  vehicle
31    accidents.
32        (i)  This Section shall apply to all proceedings filed on
33    or after its effective date, and to any proceeding pending on
34    its effective date, if the State employee gives notice to the
 
                            -7-               LRB9115007REdvB
 1    Attorney  General  as provided in this Section within 30 days
 2    of the Act's effective date.
 3        (j)  The amendatory changes made to this Section by  this
 4    amendatory  Act  of 1986 shall apply to all proceedings filed
 5    on or after the effective date of this amendatory Act of 1986
 6    and to any proceeding pending on its effective date,  if  the
 7    State  employee  gives  notice  to  the  Attorney  General as
 8    provided in this Section within 30 days of the effective date
 9    of this amendatory Act of 1986.
10        (k)  This Act applies to  all  State  officials  who  are
11    serving  as  trustees,  or their appointing authorities, of a
12    clean  energy  community   trust   or   as   members   of   a
13    not-for-profit foundation or corporation established pursuant
14    to Section 16-111.1 of the Public Utilities Act.
15    (Source: P.A. 90-655, eff. 7-30-98; 91-781, eff. 6-9-00.)

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.

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