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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
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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
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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
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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,
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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
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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
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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.