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| [ Introduced ] | [ Enrolled ] | [ House Amendment 002 ] |
| [ Senate Amendment 001 ] |
91_SB1975eng SB1975 Engrossed 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. The 8 Attorney General may authorize, from funds available for that 9 purpose, the payment or reimbursement of reasonable and 10 appropriate legal fees incurred by any person, unit of local 11 government, or school district in defending any litigation, 12 action, or proceeding brought to recover lands within the 13 State from such person, unit of local government, or school 14 district, if the litigation, action, or proceeding is based 15 upon an allegation that the title or a beneficial interest in 16 the title is derived from an invalid federal land patent and 17 the Attorney General finds that a loss of State sovereignty 18 or jurisdiction over those lands or liability for rents or 19 damages may result if the land patent is held to be invalid. 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 SB1975 Engrossed -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 SB1975 Engrossed -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 SB1975 Engrossed -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, SB1975 Engrossed -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 SB1975 Engrossed -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 SB1975 Engrossed -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.