Public Act 095-0342
 		





HB1146 Enrolled
LRB095 08441 LCT 28617 b






    AN ACT concerning business.

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

 
    Section 5. The General Not For Profit Corporation Act of 
1986 is amended  by changing Section 108.70 as follows:
 



    (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 $5,000 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).
As used in this Section "willful or wanton 
conduct" means a course
of action which shows an actual or 
deliberate intention to cause harm or
which, if not 
intentional, shows an utter indifference to or conscious

disregard for the safety of others or their property.

    (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. 87-832.)