State of Illinois
92nd General Assembly

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 1        AN ACT concerning indemnification.

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

 4        Section 5.  The State  Employee  Indemnification  Act  is
 5    amended by changing Section 1 as follows:

 6        (5 ILCS 350/1) (from Ch. 127, par. 1301)
 7        Sec. 1.  Definitions.  For the purpose of this Act:
 8        (a)  The  term  "State"  means the State of Illinois, the
 9    General Assembly, the court, or any State office, department,
10    division,  bureau,  board,  commission,  or  committee,   the
11    governing   boards  of  the  public  institutions  of  higher
12    education created by the State, the Illinois National  Guard,
13    the  Comprehensive  Health  Insurance Board, any metropolitan
14    enforcement group  established  under  the  Intergovernmental
15    Cooperation  Act,  any poison control center designated under
16    the Poison Control System Act that receives State funding, or
17    any other agency or instrumentality of the  State.   It  does
18    not  mean  any local public entity as that term is defined in
19    Section 1-206 of  the  Local  Governmental  and  Governmental
20    Employees Tort Immunity Act or a pension fund.
21        (b)  The  term  "employee"  means  any  present or former
22    elected or appointed officer,  trustee  or  employee  of  the
23    State,  or of a pension fund, any present or former member of
24    the Illinois National Guard while on active duty, individuals
25    or  organizations  who  contract  with  the   Department   of
26    Corrections, the Comprehensive Health Insurance Board, or the
27    Department   of   Veterans'   Affairs  to  provide  services,
28    individuals or organizations who contract with the Department
29    of Human Services (as successor to the Department  of  Mental
30    Health  and  Developmental  Disabilities) to provide services
31    including but not limited to treatment and other services for
                            -2-                LRB9206814JMcs
 1    sexually violent persons, individuals  or  organizations  who
 2    contract  with  the  Department of Military Affairs for youth
 3    programs,  individuals  or  organizations  who  contract   to
 4    perform  carnival  and  amusement ride safety inspections for
 5    the Department of Labor,  individual  representatives  of  or
 6    designated  organizations  authorized to represent the Office
 7    of State Long-Term Ombudsman for  the  Department  on  Aging,
 8    individual  representatives of or organizations designated by
 9    the Department on Aging in the performance of their duties as
10    elder abuse  provider  agencies  or  regional  administrative
11    agencies  under  the Elder Abuse and Neglect Act, individuals
12    or organizations who perform volunteer services for the State
13    where such volunteer  relationship  is  reduced  to  writing,
14    individuals  who  serve on any public entity (whether created
15    by law or administrative action) described in  paragraph  (a)
16    of  this Section, individuals or not for profit organizations
17    who, either as volunteers, where such volunteer  relationship
18    is  reduced  to  writing,  or  pursuant  to contract, furnish
19    professional  advice  or  consultation  to  any   agency   or
20    instrumentality of the State, individuals who serve as foster
21    parents  for  the  Department of Children and Family Services
22    when caring for a Department ward, and individuals who  serve
23    as arbitrators pursuant to Part 10A of Article II of the Code
24    of  Civil  Procedure  and  the  rules  of  the  Supreme Court
25    implementing Part 10A, each as now or hereafter amended,  but
26    does not mean an independent contractor except as provided in
27    this Section. The term includes an individual appointed as an
28    inspector  by  the  Director  of State Police when performing
29    duties within the scope of the activities of  a  Metropolitan
30    Enforcement   Group   or   a   law  enforcement  organization
31    established under the Intergovernmental Cooperation  Act.  An
32    individual  who  renders professional advice and consultation
33    to the State through an organization which  qualifies  as  an
34    "employee"  under  the  Act  is  also  an  employee. The term
                            -3-                LRB9206814JMcs
 1    includes  the  estate  or  personal  representative   of   an
 2    employee.
 3        (c)  The term "pension fund" means a retirement system or
 4    pension fund created under the Illinois Pension Code.
 5    (Source: P.A. 90-793, eff. 8-14-98; 91-726, eff. 6-2-00.)

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