90th General Assembly
Summary of HB1101
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House Sponsors:

Senate Sponsors:

Short description: 
ATTGEN-ST EMPLYEE-INDEMNIFY                                                

Synopsis of Bill as introduced:
        Amends the State Employee Indemnification Act.  Provides that the      
   Attorney  General  shall  not  determine  an  employee's  conduct  was      
   intentional, wilful, or wanton if the employee was not disciplined  or      
   if  the  employee  contested  discipline  and  prevailed by grievance,      
   arbitration, or Civil Service Commission proceeding.  Provides that if      
   the Attorney General declines to represent the employee  or  withdraws      
   and  the  employee prevails at trial, by motion, or by settlement or a      
   court or jury finds that the act or omission was within the  scope  of      
   employment  and was not intentional, wilful, or wanton misconduct, the      
   State shall indemnify the employee for any damages awarded  and  court      
   costs  and  attorneys' fees assessed as part of a final and unreversed      
   judgment.  Provides that the State shall also pay the employee's court      
   costs, litigation expenses, and reasonable attorneys'  fees.   Deletes      
   current  provisions  concerning  indemnification  of  State employees.      
   Effective immediately.                                                      
          FISCAL NOTE (Attorney General)                                       
          No fiscal impact on operations of the Attorney General Office;       
          costs would be absorbed by existing resources. There is a sig-       
          nificant potential for liability against the State.                  
          JUDICIAL NOTE                                                        
          There would be no decrease or increase in the need for the           
          number of judges.                                                    
          STATE MANDATES FISCAL NOTE                                           
          HB1101 fails to create a State mandate.                              
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          5 ILCS 350/2                                                         
          Adds reference to:                                                   
          730 ILCS 5/5-5-6                from Ch. 38, par. 1005-5-6           
        Deletes everything. Amends the Unified Code of Corrections. Pro-       
   vides that the interest on judgments provisions of  the  Code of Civil      
   Procedure apply to judgments for restitution.                               
Last action on Bill: PUBLIC ACT.............................. 90-0465

   Last action date: 97-08-17

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   1


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