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1 | AN ACT concerning local government. | |||||||||||||||||||||
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 Illinois State Guard, the Comprehensive Health Insurance | |||||||||||||||||||||
14 | Board, any poison control center designated under the Poison | |||||||||||||||||||||
15 | Control System Act that receives State funding, or any other | |||||||||||||||||||||
16 | agency or instrumentality of the State. It does not mean any | |||||||||||||||||||||
17 | local public entity as that term is defined in Section 1-206 of | |||||||||||||||||||||
18 | the Local Governmental and Governmental Employees Tort | |||||||||||||||||||||
19 | Immunity Act or a pension fund , except for a county or county | |||||||||||||||||||||
20 | coroner's office as it relates to the appointment or | |||||||||||||||||||||
21 | designation of a board-certified forensic pathologist to | |||||||||||||||||||||
22 | conduct autopsies for a county or county coroner's office . | |||||||||||||||||||||
23 | (b) The term "employee" means: any present or former |
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1 | elected or appointed officer, trustee or employee of the | ||||||
2 | State, or of a pension fund; any present or former | ||||||
3 | commissioner or employee of the Executive Ethics Commission or | ||||||
4 | of the Legislative Ethics Commission; any present or former | ||||||
5 | Executive, Legislative, or Auditor General's Inspector | ||||||
6 | General; any present or former employee of an Office of an | ||||||
7 | Executive, Legislative, or Auditor General's Inspector | ||||||
8 | General; any present or former member of the Illinois National | ||||||
9 | Guard while on active duty; any present or former member of the | ||||||
10 | Illinois State Guard while on State active duty; individuals | ||||||
11 | or organizations who contract with the Department of | ||||||
12 | Corrections, the Department of Juvenile Justice, the | ||||||
13 | Comprehensive Health Insurance Board, or the Department of | ||||||
14 | Veterans' Affairs to provide services; individuals or | ||||||
15 | organizations who contract with the Department of Human | ||||||
16 | Services (as successor to the Department of Mental Health and | ||||||
17 | Developmental Disabilities) to provide services including but | ||||||
18 | not limited to treatment and other services for sexually | ||||||
19 | violent persons; individuals or organizations who contract | ||||||
20 | with the Department of Military Affairs for youth programs; | ||||||
21 | individuals or organizations who contract to perform carnival | ||||||
22 | and amusement ride safety inspections for the Department of | ||||||
23 | Labor; individuals who contract with the Office of the State's | ||||||
24 | Attorneys Appellate Prosecutor to provide legal services, but | ||||||
25 | only when performing duties within the scope of the Office's | ||||||
26 | prosecutorial activities; individual representatives of or |
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1 | designated organizations authorized to represent the Office of | ||||||
2 | State Long-Term Ombudsman for the Department on Aging; | ||||||
3 | individual representatives of or organizations designated by | ||||||
4 | the Department on Aging in the performance of their duties as | ||||||
5 | adult protective services agencies or regional administrative | ||||||
6 | agencies under the Adult Protective Services Act; individuals | ||||||
7 | or organizations appointed as members of a review team or the | ||||||
8 | Advisory Council under the Adult Protective Services Act; | ||||||
9 | individuals or organizations who perform volunteer services | ||||||
10 | for the State where such volunteer relationship is reduced to | ||||||
11 | writing; individuals who serve on any public entity (whether | ||||||
12 | created by law or administrative action) described in | ||||||
13 | paragraph (a) of this Section; individuals or not for profit | ||||||
14 | organizations who, either as volunteers, where such volunteer | ||||||
15 | relationship is reduced to writing, or pursuant to contract, | ||||||
16 | furnish professional advice or consultation to any agency or | ||||||
17 | instrumentality of the State; individuals who serve as foster | ||||||
18 | parents for the Department of Children and Family Services | ||||||
19 | when caring for youth in care as defined in Section 4d of the | ||||||
20 | Children and Family Services Act; individuals who serve as | ||||||
21 | members of an independent team of experts under the | ||||||
22 | Developmental Disability and Mental Health Safety Act (also | ||||||
23 | known as Brian's Law); individuals who have been appointed or | ||||||
24 | designated by a county or a county coroner's office to perform | ||||||
25 | autopsies if the individuals are board-certified forensic | ||||||
26 | pathologists; and individuals who serve as arbitrators |
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1 | pursuant to Part 10A of Article II of the Code of Civil | ||||||
2 | Procedure and the rules of the Supreme Court implementing Part | ||||||
3 | 10A, each as now or hereafter amended; the members of the | ||||||
4 | Certification Review Panel under the Illinois Police Training | ||||||
5 | Act; the term "employee" does not mean an independent | ||||||
6 | contractor except as provided in this Section. The term | ||||||
7 | includes an individual appointed as an inspector by the | ||||||
8 | Director of the Illinois State Police when performing duties | ||||||
9 | within the scope of the activities of a Metropolitan | ||||||
10 | Enforcement Group or a law enforcement organization | ||||||
11 | established under the Intergovernmental Cooperation Act. An | ||||||
12 | individual who renders professional advice and consultation to | ||||||
13 | the State through an organization which qualifies as an | ||||||
14 | "employee" under the Act is also an employee. The term | ||||||
15 | includes the estate or personal representative of an employee. | ||||||
16 | (c) The term "pension fund" means a retirement system or | ||||||
17 | pension fund created under the Illinois Pension Code. | ||||||
18 | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22; | ||||||
19 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) | ||||||
20 | Section 10. The Counties Code is amended by adding Section | ||||||
21 | 3-3014.5 as follows: | ||||||
22 | (55 ILCS 5/3-3014.5 new) | ||||||
23 | Sec. 3-3014.5. Indemnification for autopsies performed by | ||||||
24 | board-certified forensic pathologists. The State shall |
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1 | indemnify and hold harmless a board-certified forensic | ||||||
2 | pathologist who has been appointed or designated by a county | ||||||
3 | or a coroner's office to perform autopsies for all of the | ||||||
4 | pathologist's acts, omissions, decisions, or conduct arising | ||||||
5 | out of the scope of the pathologist's duties of performing | ||||||
6 | autopsies for the county, except those involving willful or | ||||||
7 | wanton misconduct. The method of providing indemnification | ||||||
8 | shall be as provided in the State Employee Indemnification | ||||||
9 | Act. |