HB4731 EngrossedLRB098 16384 OMW 51449 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Employee Indemnification Act is
5amended 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
9General Assembly, the court, or any State office, department,
10division, bureau, board, commission, or committee, the
11governing boards of the public institutions of higher education
12created by the State, the Illinois National Guard, the
13Comprehensive Health Insurance Board, any poison control
14center designated under the Poison Control System Act that
15receives State funding, or any other agency or instrumentality
16of the State. It does not mean any local public entity as that
17term is defined in Section 1-206 of the Local Governmental and
18Governmental Employees Tort Immunity Act or a pension fund.
19    (b) The term "employee" means: any present or former
20elected or appointed officer, trustee or employee of the State,
21or of a pension fund; , any present or former commissioner or
22employee of the Executive Ethics Commission or of the
23Legislative Ethics Commission; , any present or former

 

 

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1Executive, Legislative, or Auditor General's Inspector
2General; , any present or former employee of an Office of an
3Executive, Legislative, or Auditor General's Inspector
4General; , any present or former member of the Illinois National
5Guard while on active duty; , individuals or organizations who
6contract with the Department of Corrections, the Department of
7Juvenile Justice, the Comprehensive Health Insurance Board, or
8the Department of Veterans' Affairs to provide services; ,
9individuals or organizations who contract with the Department
10of Human Services (as successor to the Department of Mental
11Health and Developmental Disabilities) to provide services
12including but not limited to treatment and other services for
13sexually violent persons; , individuals or organizations who
14contract with the Department of Military Affairs for youth
15programs; , individuals or organizations who contract to
16perform carnival and amusement ride safety inspections for the
17Department of Labor; individuals who contract with the Office
18of the State's Attorneys Appellate Prosecutor to provide legal
19services, but only when performing duties within the scope of
20the Office's prosecutorial activities; , individual
21representatives of or designated organizations authorized to
22represent the Office of State Long-Term Ombudsman for the
23Department on Aging; , individual representatives of or
24organizations designated by the Department on Aging in the
25performance of their duties as adult protective services
26agencies or regional administrative agencies under the Adult

 

 

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1Protective Services Act; , individuals or organizations
2appointed as members of a review team or the Advisory Council
3under the Adult Protective Services Act; , individuals or
4organizations who perform volunteer services for the State
5where such volunteer relationship is reduced to writing; ,
6individuals who serve on any public entity (whether created by
7law or administrative action) described in paragraph (a) of
8this Section; , individuals or not for profit organizations who,
9either as volunteers, where such volunteer relationship is
10reduced to writing, or pursuant to contract, furnish
11professional advice or consultation to any agency or
12instrumentality of the State; , individuals who serve as foster
13parents for the Department of Children and Family Services when
14caring for a Department ward; , individuals who serve as members
15of an independent team of experts under Brian's Law; , and
16individuals who serve as arbitrators pursuant to Part 10A of
17Article II of the Code of Civil Procedure and the rules of the
18Supreme Court implementing Part 10A, each as now or hereafter
19amended; the term "employee" , but does not mean an independent
20contractor except as provided in this Section. The term
21includes an individual appointed as an inspector by the
22Director of State Police when performing duties within the
23scope of the activities of a Metropolitan Enforcement Group or
24a law enforcement organization established under the
25Intergovernmental Cooperation Act. An individual who renders
26professional advice and consultation to the State through an

 

 

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1organization which qualifies as an "employee" under the Act is
2also an employee. The term includes the estate or personal
3representative of an employee.
4    (c) The term "pension fund" means a retirement system or
5pension fund created under the Illinois Pension Code.
6(Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; revised
78-9-13.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.