Illinois Compiled Statutes
ILCS Listing
Public
Acts Search
Guide
Disclaimer
Information maintained by the Legislative
Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
805 ILCS 105/108.70
(805 ILCS 105/108.70) (from Ch. 32, par. 108.70)
Sec. 108.70. Limited Liability of directors, officers, board members,
and persons who serve without compensation. (a) No director or officer serving without compensation, other than
reimbursement for actual expenses, of a corporation organized under this
Act or any predecessor Act and exempt, or qualified for exemption, from
taxation pursuant to Section 501(c) of the Internal Revenue Code of 1986,
as amended, shall be liable, and no cause of action may be brought, for
damages resulting from the exercise of judgment or discretion in connection
with the duties or responsibilities of such director or officer unless the
act or omission involved willful or wanton conduct.
(b) No director of a corporation organized under this Act
or any predecessor Act for the purposes identified in items (14), (19),
(21) and (22) of
subsection (a) of Section 103.05 of this Act, and exempt or qualified for
exemption from taxation pursuant to Section 501(c) of the Internal
Revenue Code of 1986, as amended, shall be liable, and no cause of action
may be brought for damages resulting from the exercise of judgment or
discretion in connection with the duties or responsibilities of such
director, unless: (1) such director earns in excess of $25,000 per year from
his duties as director, other than reimbursement for actual expenses; or
(2) the act or omission involved willful or wanton conduct.
(b-5) Except for willful and wanton conduct, no volunteer board member serving without compensation, other than reimbursement for actual expenses, of a corporation organized under this Act or any predecessor Act and exempt, or qualified for exemption, from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, shall be liable, and no action may be brought, for damages resulting from any action of the executive director concerning the false reporting of or intentional tampering with financial records of the organization, where the actions of the executive director result in legal action.
This subsection (b-5) shall not apply to any action taken by the Attorney General (i) in the exercise of his or her common law or statutory power and duty to protect charitable assets or (ii) in the exercise of his or her authority to enforce the laws of this State that apply to trustees of a charity, as that term is defined in the Charitable Trust Act and the Solicitation for Charity Act.
(c) No person who, without compensation other than reimbursement for
actual expenses, renders service to or for a corporation organized under
this Act or any predecessor Act and exempt or qualified for exemption
from taxation pursuant to
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, shall
be liable, and no cause of action may be brought, for damages resulting
from an act or omission in rendering such services, unless the act or
omission involved willful or wanton conduct.
(d) (Blank).
(e) Nothing in this Section is intended to bar any cause of action
against the corporation or change the liability of the corporation arising
out of an act or omission of any director, officer or person exempt from
liability for negligence under this Section.
(Source: P.A. 95-342, eff. 1-1-08; 96-649, eff. 1-1-10.)
|
|
