Full Text of HB1146 95th General Assembly
HB1146ham001 95TH GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Adopted in House Comm. on Mar 14, 2007
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| AMENDMENT TO HOUSE BILL 1146
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| AMENDMENT NO. ______. Amend House Bill 1146 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The General Not For Profit Corporation Act of | 5 |
| 1986 is amended by changing Section 108.70 as follows:
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| (805 ILCS 105/108.70) (from Ch. 32, par. 108.70)
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| Sec. 108.70. Limited Liability of directors, officers , | 8 |
| board members,
and persons who serve without compensation.
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| (a) No director or officer serving without compensation, | 10 |
| other than
reimbursement for actual expenses, of a corporation | 11 |
| organized under this
Act or any predecessor Act and exempt, or | 12 |
| qualified for exemption, from
taxation pursuant to Section | 13 |
| 501(c) of the Internal Revenue Code of 1986,
as amended, shall | 14 |
| be liable, and no cause of action may be brought, for
damages | 15 |
| resulting from the exercise of judgment or discretion in | 16 |
| connection
with the duties or responsibilities of such director |
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| or officer unless the
act or omission involved willful or | 2 |
| wanton conduct.
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| (b) No director of a corporation organized under this Act
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| or any predecessor Act for the purposes identified in items | 5 |
| (14), (19),
(21) and (22) of
subsection (a) of Section 103.05 | 6 |
| of this Act, and exempt or qualified for
exemption from | 7 |
| taxation pursuant to Section 501(c) of the Internal
Revenue | 8 |
| Code of 1986, as amended, shall be liable, and no cause of | 9 |
| action
may be brought for damages resulting from the exercise | 10 |
| of judgment or
discretion in connection with the duties or | 11 |
| responsibilities of such
director, unless: (1) such director | 12 |
| earns in excess of $5,000 per year from
his duties as director, | 13 |
| other than reimbursement for actual expenses; or
(2) the act or | 14 |
| omission involved willful or wanton conduct.
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| (b-5) Except for willful and wanton conduct, no volunteer | 16 |
| board member serving without compensation, other than | 17 |
| reimbursement for actual expenses, of a corporation organized | 18 |
| under this Act or any predecessor Act and exempt, or qualified | 19 |
| for exemption, from taxation pursuant to Section 501(c)(3) of | 20 |
| the Internal Revenue Code of 1986, as amended, shall be liable, | 21 |
| and no action may be brought, for damages resulting from any | 22 |
| action of the executive director concerning the false reporting | 23 |
| of or intentional tampering with financial records of the | 24 |
| organization, where the actions of the executive director | 25 |
| result in legal action.
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| This subsection (b-5) shall not apply to any action taken |
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| by the Attorney General (i) in the exercise of his or her | 2 |
| common law or statutory power and duty to protect charitable | 3 |
| assets or (ii) in the exercise of his or her authority to | 4 |
| enforce the laws of this State that apply to trustees of a | 5 |
| charity, as that term is defined in the Charitable Trust Act | 6 |
| and the Solicitation for Charity Act.
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| (c) No person who, without compensation other than | 8 |
| reimbursement for
actual expenses, renders service to or for a | 9 |
| corporation organized under
this Act or any predecessor Act and | 10 |
| exempt or qualified for exemption
from taxation pursuant to
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| Section 501(c)(3) of the Internal Revenue Code of 1986, as | 12 |
| amended, shall
be liable, and no cause of action may be | 13 |
| brought, for damages resulting
from an act or omission in | 14 |
| rendering such services, unless the act or
omission involved | 15 |
| willful or wanton conduct.
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| (d) (Blank).
As used in this Section "willful or wanton | 17 |
| conduct" means a course
of action which shows an actual or | 18 |
| deliberate intention to cause harm or
which, if not | 19 |
| intentional, shows an utter indifference to or conscious
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| disregard for the safety of others or their property.
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| (e) Nothing in this Section is intended to bar any cause of | 22 |
| action
against the corporation or change the liability of the | 23 |
| corporation arising
out of an act or omission of any director, | 24 |
| officer or person exempt from
liability for negligence under | 25 |
| this Section.
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| (Source: P.A. 87-832.)".
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