State of Illinois
90th General Assembly

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[ Introduced ][ House Amendment 001 ]


      55 ILCS 5/3-5031          from Ch. 34, par. 3-5031
      55 ILCS 5/5-1103.5 new
          Amends the  Counties  Code.   Removes  provision  that  a
      recorder  shall be guilty of and punished for malfeasance for
      failure to perform duties.  Requires a  county  to  indemnify
      its  recorder to a maximum of $1,000,000 for damages from the
      recorder's neglect of duty.  Conditions indemnification  upon
      the  recorder's  notification  to  the  county.   Permits the
      county  to  appear  and  intervene  in  actions  against  its
      recorder for liability the county may indemnify.
HB2812 Engrossed                               LRB9008911JMsb
 1        AN ACT to amend the Counties  Code  by  changing  Section
 2    3-5031 and adding Section 5-1103.5.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Counties  Code  is  amended  by  changing
 6    Section 3-5031 and adding Section 5-1103.5 as follows:
 7        (55 ILCS 5/3-5031) (from Ch. 34, par. 3-5031)
 8        Sec.  3-5031.   Neglect  of duty and malfeasance.  If any
 9    party is injured as a  result  of  any  recorder  failing  to
10    perform  any  duty  imposed upon him or her by this Division,
11    the recorder shall be liable to the  party  for  all  damages
12    occasioned  thereby. Penalty. If any recorder shall willfully
13    fail to perform any duty imposed upon him by  this  Division,
14    he  shall  be  guilty  of malfeasance in office, and shall be
15    punished accordingly., and  shall  be  liable  to  the  party
16    injured for all damages occasioned thereby.
17    (Source: P.A. 86-962.)
18        (55 ILCS 5/5-1103.5 new)
19        Sec.  5-1103.5.  Indemnity of recorder.  If any injury to
20    a party is occasioned by  the  failure  of  any  recorder  to
21    perform  any duty imposed upon him or her as provided by law,
22    the county shall indemnify  the  recorder  for  any  judgment
23    recovered  against  him  or  her  as a result of that injury,
24    except where the injury results from the wilful misconduct of
25    the  recorder,  to  an  extent  not  to  exceed   $1,000,000,
26    including  costs of action.  Any recorder, who at the time of
27    performing such act complained of was a recorder, who is made
28    a party defendant to any such action shall, within 10 days of
29    service of process upon him or her, notify the county of  the
30    fact  that  the action has been instituted and that he or she
HB2812 Engrossed            -2-                LRB9008911JMsb
 1    has been made a party defendant to the  action.   The  notice
 2    must  be  in  writing  and filed in the office of the State's
 3    Attorney and also in the office of the county  clerk,  either
 4    by  himself  or  herself  or by his or her agent or attorney.
 5    The notice shall state in substance  that  the  recorder  has
 6    been  served  with  process  and made a party defendant to an
 7    action wherein it is claimed that a party has suffered injury
 8    occasioned by the recorder's  failure  to  perform  any  duty
 9    imposed  upon him or her by law, stating the title and number
10    of the case, the court wherein the action is pending, and the
11    date the recorder was served with process in the  action  and
12    made  a  party defendant thereto.  The county which is or may
13    be liable to indemnify the  recorder  may  intervene  in  the
14    action  against the recorder and shall be permitted to appear
15    and defend.  The duty of the county to indemnify any recorder
16    for any judgment recovered against him or her for his or  her
17    neglect  of  duty is conditioned upon receiving notice of the
18    filing of any such action  in  the  manner  and  form  herein
19    described.

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