(745 ILCS 10/Art. I heading) ARTICLE I
- GENERAL PROVISIONS
|
(745 ILCS 10/Art. I Pt. 1 heading) PART 1.
SHORT TITLE, CONSTRUCTION
AND APPLICATION OF THE ACT
|
(745 ILCS 10/1-101) (from Ch. 85, par. 1-101)
Sec. 1-101.
This Act shall be known and may be cited as the "Local
Governmental and Governmental Employees Tort Immunity Act".
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/1-101.1) (from Ch. 85, par. 1-101.1)
Sec. 1-101.1.
(a) The purpose of this Act is to protect local public
entities and public employees from liability arising from the operation of
government. It grants only immunities and defenses.
(b) Any defense or immunity, common law or statutory, available to any
private person shall likewise be available to local public entities and
public employees.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/1-102) (from Ch. 85, par. 1-102)
Sec. 1-102.
If any provision or clause of this Act or the application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of the Act which can
be given effect without the invalid provision or application, and to
this end the provisions of this Act are declared to be severable.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/Art. I Pt. 2 heading) PART 2.
GENERAL DEFINITIONS
|
(745 ILCS 10/1-201) (from Ch. 85, par. 1-201)
Sec. 1-201.
Unless the context otherwise requires, words and terms used in
this Act have the meanings ascribed to them in the following sections of
this Part 2.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/1-202) (from Ch. 85, par. 1-202)
Sec. 1-202.
"Employee" includes a present or former officer,
member of a board, commission
or committee, agent, volunteer, servant or employee, whether or not
compensated, but does not
include an independent contractor.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/1-203) (from Ch. 85, par. 1-203)
Sec. 1-203.
"Enactment" means a constitutional provision, statute,
ordinance or regulation.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/1-204) (from Ch. 85, par. 1-204)
Sec. 1-204.
"Injury" means death, injury to a person, or damage to or loss
of property. It includes any other injury that a person may suffer to his
person, reputation, character or estate which does not result from
circumstances in which a privilege is otherwise conferred by law and which
is of such a nature that it would be actionable if inflicted by a private
person. "Injury" includes any injury alleged in a civil action, whether based upon the
Constitution of the United States or the Constitution of the State of
Illinois, and the statutes or common law of Illinois or of the United States.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/1-205) (from Ch. 85, par. 1-205)
Sec. 1-205.
"Law" includes not only enactments but also the case law
applicable within this State as determined and declared from time to time
by the courts of review of this State and of the United States.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/1-206) (from Ch. 85, par. 1-206)
Sec. 1-206. "Local public entity" includes a county, township,
municipality, municipal corporation, school district, school board,
educational service region, regional board of school trustees,
trustees of schools of townships, treasurers of schools of townships, community college district, community college board, forest
preserve district, park district, fire protection district, sanitary
district, museum district, emergency telephone system board, and all other
local governmental bodies.
"Local public entity" also includes library systems and any
intergovernmental agency or similar entity formed pursuant to the
Constitution of the State of Illinois or the Intergovernmental Cooperation
Act as well as any not-for-profit corporation organized for the purpose of
conducting public business. It does not include the State or any office,
officer, department, division, bureau, board, commission, university or
similar agency of the State.
The changes made by this amendatory Act of the 94th General Assembly do not apply to an action or proceeding accruing on or before its effective date.
(Source: P.A. 94-424, eff. 8-2-05.)
|
(745 ILCS 10/1-207) (from Ch. 85, par. 1-207)
Sec. 1-207.
"Public Employee" means an employee of a local public entity.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/1-208) (from Ch. 85, par. 1-208)
Sec. 1-208.
"Regulation" means a rule, regulation, order or standard,
having the force of law, adopted by an employee or agency of the United
States, of the State of Illinois, or of a local public entity pursuant to
authority vested by constitution, statute or ordinance in such employee or
agency to implement, interpret, or make specific the law enforced or
administered by the employee or agency.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/1-209) (from Ch. 85, par. 1-209)
Sec. 1-209.
"Statute" means an act adopted by the General Assembly of this
State or by the Congress of the United States.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/1-210) (from Ch. 85, par. 1-210)
Sec. 1-210.
"Willful and wanton conduct" as used in this Act 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.
This definition shall apply in any case where a "willful and wanton"
exception is incorporated into any immunity under this Act.
(Source: P.A. 90-805, eff. 12-2-98.)
|
(745 ILCS 10/Art. II heading) ARTICLE II
- GENERAL PROVISIONS RELATING TO IMMUNITY
|
(745 ILCS 10/Art. II Pt.1 heading) PART 1.
IMMUNITY OF LOCAL PUBLIC ENTITIES
|
(745 ILCS 10/2-101) (from Ch. 85, par. 2-101)
Sec. 2-101.
Nothing in this Act affects the right to obtain relief
other than damages against a local public entity or public employee.
Nothing in this Act affects the liability, if any, of a local public
entity or public employee, based on:
a contract;
b operation as a common carrier; and this Act does not apply to any
entity organized under or subject to the "Metropolitan Transit Authority
Act", approved April 12, 1945, as amended;
c The "Workers' Compensation Act", approved July 9, 1951, as
heretofore or hereafter amended;
d The "Workers' Occupational Diseases Act", approved July 9, 1951,
as heretofore or hereafter amended;
e Section 1-4-7 of the "Illinois Municipal Code", approved May 29,
1961, as heretofore or hereafter amended.
f The "Illinois Uniform Conviction Information Act", enacted by the
85th General Assembly, as heretofore or hereafter amended.
(Source: P.A. 85-922.)
|
(745 ILCS 10/2-102) (from Ch. 85, par. 2-102)
Sec. 2-102.
Notwithstanding any other provision of law, a local public
entity is not liable to pay punitive or exemplary damages in any action
brought directly or indirectly against it by the injured party or a third party.
In addition, no public official
is liable to pay punitive or exemplary
damages in any action arising out of an act or omission made by the public
official while serving in an official executive, legislative, quasi-legislative
or quasi-judicial capacity, brought directly or indirectly against him by the
injured party or a third party.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/2-103) (from Ch. 85, par. 2-103)
Sec. 2-103.
A local public entity is not liable for an injury caused by
adopting or failing to adopt an enactment or by failing to enforce any law.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-104) (from Ch. 85, par. 2-104)
Sec. 2-104.
A local public entity is not liable for an injury caused by the
issuance, denial, suspension or revocation of, or by the failure or refusal
to issue, deny, suspend or revoke, any permit, license, certificate,
approval, order or similar authorization where the entity or its employee
is authorized by enactment to determine whether or not such authorization
should be issued, denied, suspended or revoked.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-105) (from Ch. 85, par. 2-105)
Sec. 2-105.
A local public entity is not liable for injury caused by its
failure to make an inspection, or by reason of making an inadequate or
negligent inspection, of any property, other than its own, to determine
whether the property complies with or violates any enactment or contains or
constitutes a hazard to health or safety.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-106) (from Ch. 85, par. 2-106)
Sec. 2-106.
A local public entity is not liable for an injury caused by an
oral promise or misrepresentation of its employee, whether or not such
promise or misrepresentation is negligent or intentional.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-107) (from Ch. 85, par. 2-107)
Sec. 2-107.
A local public entity is not liable for injury caused by any
action of its employees that is libelous or slanderous or for the
provision of information either orally, in writing, by computer or any other
electronic transmission, or in a book or other
form of library material.
(Source: P.A. 89-100, eff. 1-1-96.)
|
(745 ILCS 10/2-108) (from Ch. 85, par. 2-108)
Sec. 2-108.
A local public entity is not liable for any injury caused by
the granting, or failure to grant, public welfare goods or monies.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-109) (from Ch. 85, par. 2-109)
Sec. 2-109.
A local public entity is not liable for an injury resulting
from an act or omission of its employee where the employee is not liable.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-110)
Sec. 2-110. (Repealed).
(Source: Repealed by P.A. 84-1431, eff. 8-13-65.)
|
(745 ILCS 10/2-111) (from Ch. 85, par. 2-111)
Sec. 2-111.
Nothing contained herein shall operate to deprive any
public entity of any defense heretofore existing and not described
herein.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/Art. II Pt.2 heading) PART 2.
IMMUNITY OF PUBLIC EMPLOYEES
|
(745 ILCS 10/2-201) (from Ch. 85, par. 2-201)
Sec. 2-201.
Except as otherwise provided by Statute, a public employee
serving in a position involving the determination of policy or the exercise
of discretion is not liable for an injury resulting from his act or
omission in determining policy when acting in the exercise of such
discretion even though abused.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-202) (from Ch. 85, par. 2-202)
Sec. 2-202.
A public employee is not liable for his act or omission in the
execution or enforcement of any law unless such act or omission constitutes
willful and wanton conduct.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/2-203) (from Ch. 85, par. 2-203)
Sec. 2-203.
If a public employee acts in good faith, without malice, and
under the apparent authority of an enactment that is unconstitutional,
invalid or inapplicable, he is not liable for any injury caused thereby
except to the extent that he would have been liable had the enactment been
constitutional, valid and applicable.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-204) (from Ch. 85, par. 2-204)
Sec. 2-204.
Except as otherwise provided by statute, a public employee, as
such and acting within the scope of his employment, is not liable for an
injury caused by the act or omission of another person.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-205) (from Ch. 85, par. 2-205)
Sec. 2-205.
A public employee is not liable for an injury caused by his
adoption of, or failure to adopt, an enactment, or by his failure to
enforce any law.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-206) (from Ch. 85, par. 2-206)
Sec. 2-206.
A public employee is not liable for an injury caused by his
issuance, denial, suspension or revocation of or by his failure or refusal
to issue, deny, suspend or revoke, any permit, license, certificate,
approval, order or similar authorization where he is authorized by
enactment to determine whether or not such authorization should be issued,
denied, suspended or revoked.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-207) (from Ch. 85, par. 2-207)
Sec. 2-207.
A public employee is not liable for an injury caused by his
failure to make an inspection, or by reason of making an inadequate or
negligent inspection, of any property, other than that of the local public
entity employing him, for the purpose of determining whether the property
complies with or violates any enactment or contains or constitutes a hazard
to health or safety.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-208) (from Ch. 85, par. 2-208)
Sec. 2-208.
A public employee is not liable for injury caused by his
instituting or prosecuting any judicial or administrative proceeding within
the scope of his employment, unless he acts maliciously and without
probable cause.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-209) (from Ch. 85, par. 2-209)
Sec. 2-209.
A public employee is not liable for an injury arising out of
his entry upon any property where such entry is expressly or impliedly
authorized by law.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-210) (from Ch. 85, par. 2-210)
Sec. 2-210.
A public employee acting in the scope of his employment is not
liable for an injury caused by his negligent misrepresentation or the
provision of information either orally, in writing, by computer or any other
electronic transmission, or in a book or other
form of library material.
(Source: P.A. 89-100, eff. 1-1-96.)
|
(745 ILCS 10/2-211) (from Ch. 85, par. 2-211)
Sec. 2-211.
A public employee is not liable for an injury caused by the
organization, maintenance or operation of a school safety patrol as
authorized by Section 10-22.28 of "The School Code", approved March 18,
1961, as heretofore or hereafter amended.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-212) (from Ch. 85, par. 2-212)
Sec. 2-212.
The provisions of this Part 2 which define or limit the
liability of a public employee in terms of his doing of an act or of his
failure to act apply to public employees who function jointly, in
conjunction or in collaboration with other public employees as well as
to those who function singly.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/2-213) (from Ch. 85, par. 2-213)
Sec. 2-213.
Notwithstanding any other provision of law, a public
employee is not liable to pay punitive or
exemplary damages in actions brought against the employee
based on an injury allegedly arising out of an act or omission
occurring within the scope of employment of such an employee serving in a
position involving the determination of policy or the exercise of discretion when the
injury is the result of an act or omission occurring in the performance of
any legislative, quasi-legislative or quasi-judicial function, even though abused.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/2-214)
Sec. 2-214.
Court volunteer.
(a) In this Section, "volunteer" means a person performing
uncompensated services for a court pursuant to a court order, under a program
certified by the Chief Judge of the circuit as a court volunteer program.
(b) A volunteer is not liable for his or her act or omission in
performing volunteer services pursuant to a court order, under a program
certified by the Chief Judge of the circuit as a court volunteer program,
unless the act or
omission constitutes willful and wanton conduct.
(Source: P.A. 90-746, eff. 8-14-98.)
|
(745 ILCS 10/Art. II Pt.3 heading) PART 3.
INDEMNIFICATION OF PUBLIC EMPLOYEES
|
(745 ILCS 10/2-301) (from Ch. 85, par. 2-301)
Sec. 2-301.
Nothing in this Part 3 relieves a local public entity of its
duty to indemnify or insure its employees as provided in Sections 1-4-5 and
1-4-6 of the Illinois Municipal Code, Sections 10-20.20 and 34-18.1 of The
School Code, in Sections 8-20 and 8-21 of The Park District Code, in
Sections 7.2 and 7.3 of "An Act in relation to the creation, maintenance,
operation and improvement of the Chicago Park District", approved July 10,
1933, in Section 5-1002 of the Counties Code, and in Section 22 of "An Act
in relation to the creation and management of forest preserve districts in
counties having a population of less than 3,000,000", approved June 27, 1913.
(Source: P.A. 86-1387.)
|
(745 ILCS 10/2-302) (from Ch. 85, par. 2-302)
Sec. 2-302.
If any claim or action is instituted against an employee of
a local public entity based on an injury allegedly arising out of an act or
omission occurring within the scope of his employment as such employee, the
entity may elect to do any one or more of the following:
(a) appear and defend against the claim or action;
(b) indemnify the employee or former employee for his | ||
| ||
(c) pay, or indemnify the employee or former employee | ||
| ||
(d) pay, or indemnify the employee or former employee | ||
| ||
It is hereby declared to be the public policy of this State, however,
that no local public entity may elect to indemnify an employee
for any portion of a judgment representing an award of punitive or
exemplary damages.
If an employee of a local public entity is a defendant in any criminal action arising out of or incidental to the performance of his or her duties, the local public entity shall not provide representation for the employee in that criminal action. However, the local public entity may reimburse the employee for reasonable defense costs only if the criminal action was instituted against the employee based upon an act or omission of that employee arising out of and directly related to the lawful exercise of his or her official duty or under color of his or her authority and that action is dismissed or results in a final disposition in favor of that employee. The provisions of indemnification, as set forth above, shall be justifiably refused by the local public entity if it is determined that there exists a current insurance policy or a contract, by virtue of which the employee is entitled to a defense of the action in question. Nothing in this Act shall be construed to prohibit a local public entity from providing representation to an employee who is a witness in a criminal matter arising out of that employee's employment with the local government entity. (Source: P.A. 99-461, eff. 1-1-17.)
|
(745 ILCS 10/Art. III heading) ARTICLE III--IMMUNITY
FROM LIABILITY FOR INJURY OCCURRING IN THE USE OF
PUBLIC PROPERTY
|
(745 ILCS 10/3-101) (from Ch. 85, par. 3-101)
Sec. 3-101.
As used in this Article unless the context otherwise requires
"property of a local public entity" and "public property" mean real or
personal property owned or leased by a local public entity, but do not
include easements, encroachments and other property that are located on its
property but that it does not own, possess or lease.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/3-102) (from Ch. 85, par. 3-102)
Sec. 3-102.
(a) Except
as otherwise provided in this Article, a local
public entity has the duty to exercise ordinary care to maintain its
property in a reasonably safe condition for the use in the exercise of
ordinary care of people whom the entity intended and permitted to use the
property in a manner in which and at such times as it was reasonably
foreseeable that it would be used, and shall not be liable for injury
unless it is proven that it has actual or constructive notice of the
existence of such a condition that is not reasonably safe in reasonably
adequate
time prior to an injury to have taken measures to remedy or protect against
such condition.
(b) A public entity does not have constructive notice of a condition of
its property that is not reasonably safe within the meaning of Section
3-102(a) if it establishes either:
(1) The existence of the condition and its character of not being
reasonably safe would not have been discovered by an inspection system that
was reasonably adequate considering the practicability and cost of
inspection weighed against the likelihood and magnitude of the potential
danger to which failure to inspect would give rise to inform the public
entity whether the property was safe for the use or uses for which the
public entity used or intended others to use the public property and for
uses that the public entity actually knew others were making of the public
property or adjacent property; or
(2) The public entity maintained and operated such an inspection system
with due care and did not discover the condition.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/3-103) (from Ch. 85, par. 3-103)
Sec. 3-103.
(a) A local public entity is not liable under this Article for
an injury caused by the adoption of a plan or design of a construction of,
or an improvement to public property where the plan or design has been
approved in advance of the construction or improvement by the legislative
body of such entity or by some other body or employee exercising
discretionary authority to give such approval or where such plan or design
is prepared in conformity with standards previously so approved. The local
public entity is liable, however, if after the execution of such plan or
design it appears from its use that it has created a condition that it is
not reasonably safe.
(b) A public employee is not liable under this Article for an injury
caused by the adoption of a plan or design of a construction of, or an
improvement to public property.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/3-104) (from Ch. 85, par. 3-104)
Sec. 3-104.
Neither a local public entity nor a public employee is
liable under this Act for an injury caused by the failure to initially
provide regulatory traffic control devices, stop signs, yield right-of-way
signs, speed restriction signs, distinctive roadway markings or any other
traffic regulating or warning sign, device or marking, signs, overhead lights,
traffic separating or restraining devices or barriers.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/3-105) (from Ch. 85, par. 3-105)
Sec. 3-105.
(a) Neither a local public entity nor a public employee is liable
for an injury caused by the effect of weather conditions as such on the
use of streets, highways, alleys,
sidewalks or other public ways, or places, or the ways adjoining any of the
foregoing, or the signals, signs, markings, traffic or pedestrian control
devices, equipment or structures on or near any of the foregoing or the
ways adjoining any of the foregoing.
For the purpose of this section, the effect of weather conditions
as such includes but is not limited to the effect of wind, rain,
flood, hail, ice or snow but does not include
physical damage to or deterioration of streets, highways, alleys,
sidewalks, or other public ways or place or the ways
adjoining any of the foregoing, or the signals, signs, markings, traffic or
pedestrian control devices, equipment or structures on or near any of the
foregoing or the ways adjoining any of the foregoing resulting from weather
conditions.
(b) Without implied limitation, neither a local public entity nor a
public employee is liable for any injury caused by the failure of a local
public entity or a public employee to upgrade any existing
street, highway, alley, sidewalk or other public way or place, or the ways
adjoining any of the foregoing, or the signals, signs, markings, traffic or
pedestrian control devices, equipment or structures on or near such street,
highway, alley, sidewalk or other public way or place, or the ways
adjoining any of the foregoing from the standards, if any, which existed at
the time of the original dedication to, or acquisition of, the right of way
of such street, highway, alley, sidewalk or other public way or place, or
the ways adjoining any of the foregoing, by the first local public entity
to acquire the property or right of way, to standards which are or may be
applicable or are imposed by any government or other person or organization
between the time of such dedication and the time of such injury.
(c) Nothing in this Section shall relieve the local public entity of the
duty to exercise ordinary care in the maintenance of its property as set
forth in Section 3-102.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/3-106) (from Ch. 85, par. 3-106)
Sec. 3-106.
Neither a local public entity nor a public employee is liable
for an injury where the liability is based on the existence of a condition
of any public property intended or permitted to be used for recreational
purposes, including but not
limited to parks, playgrounds, open areas, buildings or other enclosed
recreational facilities, unless such local entity
or public employee is guilty of willful and wanton conduct proximately
causing such injury.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/3-107) (from Ch. 85, par. 3-107)
Sec. 3-107.
Neither a local public entity nor a public employee is liable
for an injury caused by a condition of: (a) Any road which provides access
to fishing, hunting, or primitive camping, recreational, or scenic areas
and which is not a (1) city, town or village street (2) county, state or
federal highway or (3) a township or other road district highway. (b) Any
hiking, riding, fishing or hunting trail.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/3-108) (from Ch. 85, par. 3-108)
Sec. 3-108.
(a) Except as otherwise provided in this Act, neither a local
public entity nor a
public employee who undertakes to supervise an activity on or the use of any
public property is liable for an injury unless the local public entity or
public employee is guilty of willful and wanton conduct in its supervision
proximately causing such injury.
(b) Except as otherwise provided in this Act, neither a local public entity
nor a public employee is liable for an injury caused by a failure to supervise
an activity on or the use of any public property unless the employee or the
local public entity has a duty to provide supervision imposed by common law,
statute, ordinance, code or regulation and the local public entity or public
employee is guilty of willful and wanton conduct in its failure to provide
supervision proximately causing such injury.
(Source: P.A. 90-805, eff. 12-2-98.)
|
(745 ILCS 10/3-109) (from Ch. 85, par. 3-109)
Sec. 3-109.
(a) Neither a local public entity nor a public employee is
liable to any person who participates in a hazardous recreational activity,
including any person who assists the participant, or to any spectator who
knew or reasonably should have known that the hazardous recreational
activity created a substantial risk of injury to himself or herself and was
voluntarily in the place of risk, or having the ability to do so failed to
leave, for any damage or injury to property or persons arising out of that
hazardous recreational activity.
(b) As used in this Section, "hazardous recreational activity" means a
recreational activity conducted on property of a local public entity which
creates a substantial (as distinguished from a minor, trivial, or
insignificant) risk of injury to a participant or a spectator.
"Hazardous recreational activity" also means:
(1) Water contact activities, except diving, in | ||
| ||
(2) Diving at any place or from any structure where | ||
| ||
(3) Animal racing, archery, bicycle racing or | ||
| ||
(c) Notwithstanding the provisions of subsection (a), this Section does
not limit liability which would otherwise exist for any of the following:
(1) Failure of the local public entity or public | ||
| ||
(2) An act of willful and wanton conduct by a public | ||
| ||
Nothing in this subsection creates a duty of care or basis of liability
for personal injury or for damage to personal property.
(d) Nothing in this Section shall limit the liability of an independent
concessionaire, or any person or organization other than the local public
entity or public employee, whether or not the person or organization has a
contractual relationship with the public entity to use the public property, for
injuries or damages suffered in any case as a result of the operation of a
hazardous recreational activity on public property by the concessionaire,
person, or organization.
(Source: P.A. 89-111, eff. 7-7-95; 89-502, eff. 6-28-96.)
|
(745 ILCS 10/3-110) (from Ch. 85, par. 3-110)
Sec. 3-110.
Neither a local public entity nor a public employee is
liable for any injury occurring on, in, or adjacent to any waterway, lake,
pond, river or stream not owned, supervised, maintained, operated, managed
or controlled by the local public entity.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/Art. IV heading) ARTICLE IV--POLICE
AND CORRECTIONAL ACTIVITIES
|
(745 ILCS 10/4-101) (from Ch. 85, par. 4-101)
Sec. 4-101.
As used in this Article, "prisoner" means a person held in
custody.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/4-102) (from Ch. 85, par. 4-102)
Sec. 4-102.
Neither a local public entity nor a public employee is liable
for failure to establish a police department or otherwise provide police
protection service or, if police protection service is provided, for
failure to provide adequate police protection or service, failure to
prevent the commission of crimes, failure to detect or solve crimes,
and failure to identify or apprehend criminals.
This immunity is not waived by a contract for private security service,
but cannot be transferred to any non-public entity or employee.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/4-103) (from Ch. 85, par. 4-103)
Sec. 4-103.
Neither a local public entity nor a public employee is liable
for failure to provide a jail, detention or correctional facility, or if
such facility is provided, for failure to provide sufficient equipment,
personnel, supervision or facilities therein. Nothing in
this Section requires the periodic inspection of prisoners.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/4-104) (from Ch. 85, par. 4-104)
Sec. 4-104.
Neither a local public entity nor a public employee acting
within the scope of his employment is liable for interfering with the right
of a prisoner to obtain a judicial determination or review of the legality
of his confinement, but a public employee and the local public entity where
the employee is acting within the scope of his employment is liable for
injury proximately caused by his intentional and unjustifiable interference
with such right.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/4-105) (from Ch. 85, par. 4-105)
Sec. 4-105.
Neither a local public entity nor a public employee is liable
for injury proximately caused by the failure of the employee to furnish or
obtain medical care for a prisoner in his custody; but this Section shall not
apply where the employee, acting within the scope
of his employment, knows
from his observation of conditions that the prisoner is in
need of immediate medical care
and, through willful and wanton conduct, fails to take reasonable
action to summon medical care. Nothing in this
Section requires the periodic inspection of prisoners.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/4-106) (from Ch. 85, par. 4-106)
Sec. 4-106.
Neither a local public entity nor a public employee is liable
for:
(a) Any injury resulting from determining to parole or release a
prisoner, to revoke his or her parole or release, or the terms and conditions of
his or her parole or release.
(b) Any injury inflicted by an escaped or escaping prisoner.
(Source: P.A. 98-558, eff. 1-1-14.)
|
(745 ILCS 10/4-107) (from Ch. 85, par. 4-107)
Sec. 4-107.
Neither a local public entity nor a public employee is liable
for an injury caused by the failure to make an arrest or by releasing a
person in custody.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/Art. V heading) ARTICLE V
- FIRE PROTECTION AND RESCUE SERVICES
|
(745 ILCS 10/5-101) (from Ch. 85, par. 5-101)
Sec. 5-101.
Neither a local public entity nor a public employee is liable
for failure to establish a fire department or otherwise to provide fire
protection, rescue or other emergency service.
As used in this Article, "rescue services" includes, but is not limited
to, the operation of an ambulance as defined in the Emergency Medical
Services (EMS) Systems Act.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/5-102) (from Ch. 85, par. 5-102)
Sec. 5-102.
Neither a local public entity that has undertaken to provide
fire protection service nor any of its employees is liable for an injury
resulting from the failure to suppress or contain a fire or from the
failure to provide or maintain sufficient personnel, equipment or other
fire protection facilities.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/5-103) (from Ch. 85, par. 5-103)
Sec. 5-103.
(a) Neither a local public entity, nor a public employee acting
in the scope of his employment, is liable for an injury resulting from the
condition of fire protection or firefighting equipment or facilities.
Nothing in this section shall exonerate a public entity from liability for
negligence by reason of the condition of a motor vehicle while it is
traveling on public ways.
(b) Neither a local public entity nor a
public employee acting in the scope of his employment, is liable for an
injury caused by an act or omission of a public employee while engaged in
fighting a fire.
However, this Section shall not apply if the injury is caused by the
willful and wanton conduct of the public employee.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/5-104) (from Ch. 85, par. 5-104)
Sec. 5-104.
Except as provided in this Article, no trustee, officer or
employee of a fire protection district or fire department having a mutual
aid agreement with such district, nor any such fire protection district
or department, shall be liable for damage caused to bridges and roads thereon,
owned by the State or by a unit of local government, when such damage is
caused by fire fighting equipment crossing bridges and roads thereon, for
which load limits are lower than the weight of such equipment, when responding
to an alarm or returning therefrom.
(Source: P.A. 80-839.)
|
(745 ILCS 10/5-106) (from Ch. 85, par. 5-106)
Sec. 5-106.
Except for willful or wanton conduct, neither a local
public entity, nor a public employee
acting within the scope of his employment, is liable for an injury caused
by the negligent operation of a motor vehicle or firefighting or rescue
equipment, when responding to an emergency call, including transportation
of a person to a medical facility.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/Art. VI heading) ARTICLE VI--MEDICAL,
HOSPITAL AND PUBLIC HEALTH ACTIVITIES
|
(745 ILCS 10/6-101) (from Ch. 85, par. 6-101)
Sec. 6-101. As used in this Article, unless the context otherwise requires:
(a) "Medical facility" includes a hospital, infirmary, clinic,
dispensary, mental institution or similar facility.
(b) "Mental institution" means any medical facility or part of any
medical facility used primarily for the care or treatment of persons
committed for mental illness or addiction.
(c) "Public health clinic" means an outpatient program conducted by a
locally based not-for-profit corporation, or by any
local board of health whose health department is recognized by, and has a
designation status established by, the Illinois Department of Public Health and complies with the Public Health Standing Orders Act.
(d) "Public health standing orders physician" means a person licensed to practice
medicine in all its branches in Illinois and who, under an agreement with
a locally based not-for-profit corporation which conducts a public
health clinic which provides among its services free medical services to
indigent persons unable to pay for their own medical care, or
a
local board of health, provides medical oversight to a public health clinic
in accordance with the following:
(1) reviews the standing orders for the public health | ||
| ||
(2) reviews the standing orders, as amended, with the | ||
| ||
(3) participates in a site visit of a clinic covered | ||
| ||
(4) signs standing orders for medical procedures | ||
| ||
(5) is available for consultation with the | ||
| ||
(e) The changes to this Section made by this amendatory Act of the 97th General Assembly apply only to causes of actions accruing on or after the effective date of this amendatory Act of the 97th General Assembly. (Source: P.A. 97-589, eff. 1-1-12.)
|
(745 ILCS 10/6-102)
Sec. 6-102. (Repealed).
(Source: Repealed by P.A. 84-1431, eff. 8-13-65.)
|
(745 ILCS 10/6-103) (from Ch. 85, par. 6-103)
Sec. 6-103.
Neither a local public entity nor a public employee acting
within the scope of his employment is liable for interfering with the right
of an inmate of a medical facility operated or maintained by the local
public entity to obtain a judicial determination or review of the legality
of his confinement but a public employee and the local public entity where
the employee is acting within the scope of his employment is liable for
injury proximately caused by his intentional and unjustifiable interference
with such right.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/6-104) (from Ch. 85, par. 6-104)
Sec. 6-104.
(a) Neither a local public entity nor a public employee is
liable for an injury resulting from the policy decision to perform or not
to perform any act to promote the public health of the community by
preventing disease or controlling the communication of disease within the
community if such decision was the result of the exercise of discretion
vested in the local public entity or the public employee, whether or not
such discretion was abused.
(b) Neither a local public entity nor a public employee is liable for an
injury caused by an act or omission in carrying out with due care a
decision described in subdivision (a).
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/6-105) (from Ch. 85, par. 6-105)
Sec. 6-105.
Neither a local public entity nor a public employee acting
within the scope of his employment is liable for injury caused by the
failure to make a physical or mental examination, or to make an adequate
physical or mental examination of any person for the purpose of determining
whether such person has a disease or physical or mental condition that
would constitute a hazard to the health or safety of himself or others.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/6-106) (from Ch. 85, par. 6-106)
Sec. 6-106.
(a) Neither a local public entity nor a public employee acting
within the scope of his employment is liable for injury resulting from
diagnosing or failing to diagnose that a person is afflicted with mental or
physical illness or addiction or from failing to prescribe for mental or
physical illness or addiction.
(b) Neither a local public entity nor a public employee acting within
the scope of his employment is liable for administering with due care the
treatment prescribed for mental or physical illness or addiction.
(c) Nothing in this section exonerates a public employee who has
undertaken to prescribe for mental or physical illness or addiction from
liability for injury proximately caused by his negligence or by his
wrongful act in so prescribing or exonerates a local public entity whose
employee, while acting in the scope of his employment, so causes such an
injury.
(d) Nothing in this section exonerates a public employee from liability
for injury proximately caused by his negligent or wrongful act or omission
in administering any treatment prescribed for mental or physical illness or
addiction or exonerates a local public entity whose employee, while acting
in the scope of his employment, so causes such an injury.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/6-107) (from Ch. 85, par. 6-107)
Sec. 6-107.
(a) Neither a local public entity nor a public employee acting
within the scope of his employment is liable for any injury resulting from
determining in accordance with any applicable enactment:
(1) Whether to confine a person for mental illness or | ||
| ||
(2) The terms and conditions of confinement for | ||
| ||
(3) Whether to parole or release a person from | ||
| ||
A public employee is not liable for carrying out a determination
described in this subdivision (a).
(b) Nothing in this Section exonerates a public employee from liability
for false arrest or false imprisonment.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(745 ILCS 10/6-108) (from Ch. 85, par. 6-108)
Sec. 6-108.
Neither a local public entity nor a public employee is liable
for an injury caused by or to an escaping or escaped mental patient.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/6-109) (from Ch. 85, par. 6-109)
Sec. 6-109.
Neither a local public entity nor a public employee
acting in the scope of his employment is liable for an injury resulting
from the failure to admit a person to a medical facility operated or
maintained by a local public entity.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/6-110) (from Ch. 85, par. 6-110)
Sec. 6-110.
Public health standing orders physicians providing medical oversight to a
public health clinic in conformance with an agreement with a locally based
not-for-profit corporation which conducts a public health clinic, or with a local board of
health, whether compensated or not, shall be considered employees of a
local public entity for the purpose of affording them the protections of this Act.
The changes to this Section made by this amendatory Act of the 97th General Assembly apply only to causes of actions accruing on or after the effective date of this amendatory Act of the 97th General Assembly. (Source: P.A. 97-589, eff. 1-1-12.)
|
(745 ILCS 10/Art. VIA heading) ARTICLE VIA.
PUBLIC AND COMMUNITY SERVICE PROGRAMS
|
(745 ILCS 10/6A-101)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 6A-101.
Definitions.
As used in this Article, "public or community
service" means uncompensated labor for a non-profit organization or public body
whose purpose is to enhance physical or mental stability, environmental quality
or the social welfare and which agrees to accept public or community service
from offenders or those adjudged liable for civil violations of a local public
entity and to report on the progress of the public or community service to the
court.
(Source: P.A. 89-7, eff. 3-9-95.)
|
(745 ILCS 10/6A-105)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 6A-105.
Exemption from liability.
Neither a local public entity nor
a public employee acting within the scope of his or her employment is liable
for any injury or loss a person might receive while performing public or
community service as ordered by the court, nor shall a local public entity or a
public employee acting within the scope of his or her employment be liable for
any tortious acts of any person performing public or community service for a
violation of a penal, quasi-criminal, or civil ordinance of a local public
entity, except for willful and wanton misconduct or gross negligence on the
part of
the local public entity or public employee.
(Source: P.A. 89-7, eff. 3-9-95.)
|
(745 ILCS 10/Art. VII heading) ARTICLE VII--TORT
LIABILITY UNDER
AGREEMENTS BETWEEN LOCAL PUBLIC ENTITIES
|
(745 ILCS 10/7-101) (from Ch. 85, par. 7-101)
Sec. 7-101.
When permitted by law to transfer any of its functions or
services to, to lease its property to or to perform any function,
service or act with or for any other local public entity or employee
thereof by agreement with such other local public entity, a local public
entity may agree with the other entity as to the manner in which
liability for an injury resulting from such function, service or act is
to be allocated or shared. Such agreement may be expressed by
resolution, contract, lease, ordinance or in any other manner provided
by law.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/7-102) (from Ch. 85, par. 7-102)
Sec. 7-102.
As part of any agreement under this Article, the local
public entities may provide for contribution or indemnification by any
or all of the local public entities that are parties to the agreement
upon any liability arising out of the performance of the agreement.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/7-103) (from Ch. 85, par. 7-103)
Sec. 7-103.
This Article applies to any agreement between local
public entities whether entered into before or after the effective date
of this Act. Nothing in this Article affects the right of recovery of a
person injured by a local public entity or by its employee.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/Art. VIII heading) ARTICLE VIII--ACTIONS
AGAINST LOCAL PUBLIC ENTITIES AND PUBLIC
EMPLOYEES--LIMITATIONS, NOTICE
|
(745 ILCS 10/8-101) (from Ch. 85, par. 8-101)
Sec. 8-101.
Limitation.
(a) No civil action other than an action described in subsection (b)
may be
commenced
in any court against a local
entity or any of its employees for any injury unless it is commenced
within one year from the date that the
injury was received or the cause of action accrued.
(b) No action for damages for injury or death against any
local public entity or public employee, whether based upon tort, or breach of
contract, or
otherwise, arising out of patient care shall be brought more than 2 years
after the date on which the claimant knew, or through the use of reasonable
diligence should have known, or received notice in writing of the existence
of the injury or death for which damages are sought in the action,
whichever of those dates occurs first, but in no event shall such an action be
brought more than 4 years after the date on which occurred the act or
omission or occurrence alleged in the action to have been the cause of
the injury or death.
(c) For purposes of this
Article, the term "civil action" includes any
action, whether based upon the common law or statutes or Constitution of
this State.
(d) The changes made by this amendatory Act of the 93rd General Assembly
apply
to an action or proceeding pending on or
after this amendatory Act's effective date, unless those changes (i)
take away or impair a vested right that was acquired under
existing law or (ii) with regard to a past transaction or past consideration,
create a new obligation, impose a new duty, or attach a
new disability.
(Source: P.A. 93-11, eff. 6-4-03.)
|
(745 ILCS 10/8-102)
Sec. 8-102. (Repealed).
(Source: Repealed by P.A. 84-1431, eff. 8-13-65.)
|
(745 ILCS 10/8-103) (from Ch. 85, par. 8-103)
Sec. 8-103.
If the notice under Section 8-102 is not served as provided
therein, any such civil action commenced against a local public entity, or
against any of its employees whose act or omission committed while acting
in the scope of his employment as such employee caused the injury, shall be
dismissed and the person to whom such cause of injury accrued shall be
forever barred from further suing.
(Source: Laws 1965, p. 2983.)
|
(745 ILCS 10/Art. IX heading) ARTICLE IX--PAYMENT
OF CLAIMS AND JUDGMENT
|
(745 ILCS 10/9-101) (from Ch. 85, par. 9-101)
Sec. 9-101.
As used in this Article:
(a) "Board" means the governing body of a local taxing entity.
(b) "Fiscal year" means the fiscal year prescribed for a local
public entity or adopted by the local public entity as authorized by
law.
(c) "Local taxing entity" means a local public entity that has the
power to levy or have levied on its behalf taxes or assessments upon property
within the territory of
the entity.
(d) "Tort judgment" means a final judgment founded on an injury, as
defined by this Act, proximately caused by a negligent or wrongful act
or omission of a local public entity or an employee of a local public entity
while acting within the scope of his employment.
(e) "Settlement" means a payment based on an injury or event which a local
public entity reasonably believes might have been caused by a negligent
or wrongful act or omission of the local public entity or an employee
while acting within the scope of his employment.
(f) "Claims service" means any arrangement whereby skilled personnel are
employed or retained to investigate, settle, or defend an injury or
event which is alleged to have been caused by, or which a local public entity
reasonably believes might have been caused by, a negligent or wrongful act
or omission of the local public entity or an employee while acting within
the scope of his employment. The term "claims service" shall include, but
not be limited to, loss control before or after an injury or event and the
retention of independent legal counsel for purposes of defending claims
under this Act.
(Source: P.A. 80-1341.)
|
(745 ILCS 10/9-102) (from Ch. 85, par. 9-102)
Sec. 9-102.
A local public entity is empowered and directed to pay any
tort judgment or settlement for compensatory damages (and may pay any
associated attorney's fees and costs) for which it or an employee while
acting within the scope of his employment is liable in the manner provided
in this Article.
All other provisions of this Article, including but not limited to the
payment of judgments and settlements in installments, the issuance of
bonds, the maintenance of rates and charges, and the levy of taxes shall be
equally applicable to judgments or settlements relating to both a local
public entity or an employee and those undertakings assumed by a local
public entity in intergovernmental joint self-insurance contracts.
A local public entity may make payments to settle or compromise a claim
or action which has been or might be filed or instituted against it when
the governing body or person vested by law or ordinance with authority to
make over-all policy decisions for such entity considers it advisable to
enter into such a settlement or compromise.
(Source: P.A. 92-810, eff. 8-21-02.)
|
(745 ILCS 10/9-103) (from Ch. 85, par. 9-103)
Sec. 9-103. (a) A local public entity may protect itself against any property damage or against any liability or loss which may
be imposed upon it or one
of its employees for a tortious act under Federal or State common or statutory
law, or imposed upon it under the Workers' Compensation Act, the Workers'
Occupational Diseases Act, or the Unemployment Insurance Act by means
including, but not limited to, insurance, individual or joint self-insurance,
including all operating and administrative costs and expenses directly
associated therewith, claims services and risk management directly attributable
to loss prevention and loss reduction, legal services directly
attributable to the
insurance, self-insurance, or joint self-insurance program,
educational, inspectional, and supervisory services directly relating
to
loss
prevention and loss reduction, or participation in a reciprocal insurer as
provided in
Sections 72, 76 and 81 of the Illinois Insurance Code. Insurance shall be
carried with a company authorized by the Department of Insurance to write
such insurance coverage in Illinois.
(a-5) A local public entity may
individually or jointly self-insure provided it complies with any other
statutory requirements specifically related to individual or joint
self-insurance by local public entities. Whenever the terms "self-insure"
or "self-insurance" are utilized within this Act, such term shall apply to
both individual and joint self-insurance. The expenditure of funds of a
local public entity to protect itself or its employees against liability is
proper for any local public entity.
A local public entity that has individually self-insured may establish
reserves for
expected losses for any liability or loss for which the local public entity is
authorized to purchase insurance under this Act. The decision of the local
public entity to establish a reserve and the amount of the reserve shall be
based on reasonable actuarial or insurance underwriting evidence. Property
taxes shall not be levied or extended if the effect is
to increase the reserve beyond 125% of the actuary's or insurance underwriter's
estimated ultimate losses at the 95% confidence level. Certification of the
amount of the reserve shall be made by the independent auditor, actuary, or
insurance underwriter and
included in an annual report.
The annual report shall also list all expenditures from the reserve
or from property taxes levied or extended for tort immunity purposes. Total
claims payments and total reserves must be listed in aggregate amounts. All
other expenditures must be identified individually.
A local public entity
that maintains a self-insurance reserve or that levies and extends a property
tax for tort immunity purposes must include in its audit or annual report any
expenditures made
from
the property tax levy or self-insurance reserve within the scope of the
audit or annual report.
(b) A local public entity may contract for or purchase any of the
guaranteed fund certificates or shares of guaranteed capital as provided
for in Section 56 of the Illinois Insurance Code. The expenditure of
funds of the local public entity for said contract or purchase is proper
for any local public entity.
(c) Any insurance company that provides insurance coverage to a local
public entity shall utilize any immunities or may assert any defenses to
which the insured local public entity or its employees are entitled.
Public entities which are individually or jointly self-insured shall be
entitled to assert all of the immunities provided by this Act or by common
law or statute on behalf of themselves or their employees unless the local
public entities shall elect by action of their corporate authorities or
specifically contract to waive in whole or in part such immunities.
(d) Within 30 days after January 1, 1991, and within 30 days after
each January 1 thereafter, local public entities that are individually or
jointly self-insured to protect against liability under the Workers'
Compensation Act and the Workers' Occupational Diseases Act shall file with
the Illinois Workers' Compensation Commission a report indicating an election to self-insure.
(Source: P.A. 93-721, eff. 1-1-05.)
|
(745 ILCS 10/9-104) (from Ch. 85, par. 9-104)
Sec. 9-104.
(a) Subject to subsection (b) of this Section, if a local
public entity does not pay a tort judgment
during the fiscal year in which it becomes final and if, in the opinion
of its governing body, the payment of the judgment creates an
unreasonable financial hardship for the local public entity it shall pay
the balance of the judgment, with interest
thereon, in installments.
(b) The court which enters judgment shall order that the governing
body pay the judgment, with interest thereon, in not
exceeding 10 annual installments if both of the following conditions are satisfied:
(1) The governing body of the local public entity has adopted an
ordinance or resolution finding that an unreasonable hardship will result
unless the judgment is paid in installments.
(2) The court, after hearing, has found that payment of the judgment
in installments as ordered by the court is necessary to avoid an
unreasonable hardship.
(c) Each installment payment shall be of an equal portion of the
principal of the judgment except that where a judgment
is $500,000 or more the court may, upon a showing by the
plaintiff of an extraordinary need for immediate funds in order to secure
medical necessities immediately after judgment including, but not limited
to, equipment, supplies, medication, residence or other items, order that
unequal payments of the principal of the judgment be made in
proportions to be determined by the court, but in no event shall any
increase in a payment cause such payment to be greater than 50% of the
judgment. The local public entity, in its discretion, may
prepay any one or more installments or any part of an installment.
(d) A local public entity shall have the power to enter into a
settlement agreement subject to a term not to exceed the period of years
negotiated by the parties.
(Source: P.A. 84-1431.)
|
(745 ILCS 10/9-105) (from Ch. 85, par. 9-105)
Sec. 9-105.
The board of a local taxing entity may, instead of
following the procedure under subdivision (b) of Section 9-104 or when
it considers the action advisable, issue general obligation or revenue
bonds without referendum for the purpose of creating a reserve for or
for the payment of any cost, liability or loss against which
such entity may protect itself or self-insure pursuant to Section 9-103 or for
the
payment of which such entity may levy a tax pursuant to Section 9-107,
including any or
all tort judgments or settlements entered against or
entered into by the entity or by or against another local public entity
or an employee of that other public entity while acting within the scope of
employment, either individually or where the local public entities have
joined in an intergovernmental joint self-insurance contract which among
other undertakings authorizes each local public entity to utilize its funds
to protect, wholly or partially, any other local public entity or its
employees against liability or loss in accordance with the
intergovernmental contract. Such bonds may be
issued in an amount necessary to fund a reserve
created for any or all of the above described purposes including the
discharge of obligations
under such judgments or settlements. Such bonds shall not be considered
debt under any statutory limitation, and may be issued in an amount,
including existing
indebtedness, in excess of any heretofore or hereafter imposed statutory
limitation as to debt but subject to constitutional limits.
Any bonds issued under this Section as limited bonds as defined in Section
3
of the Local Government Debt Reform Act shall comply with the requirements of
the Bond Issue Notification Act.
(Source: P.A. 89-655, eff. 1-1-97.)
|
(745 ILCS 10/9-106) (from Ch. 85, par. 9-106)
Sec. 9-106.
A local public entity that derives revenue for its
maintenance and operation from rates and charges made for services or
facilities it provides shall in each fiscal year make rates and charges
or both, or otherwise provide funds, in an amount sufficient to pay all
its tort judgments and settlements in accordance with this Article and
its obligations under the Workers' Compensation Act, the
Workers' Occupational Diseases Act and the Unemployment Insurance Act.
(Source: P.A. 82-783.)
|
(745 ILCS 10/9-107) (from Ch. 85, par. 9-107)
Sec. 9-107. Policy; tax levy.
(a) The General Assembly finds that the purpose of this Section is to
provide an extraordinary tax for funding expenses relating to (i) tort liability,
(ii) liability relating to actions brought under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or the Environmental Protection Act, but only until December 31, 2010, (iii) insurance, and (iv) risk management programs. Thus, the tax has been excluded from
various limitations otherwise applicable to tax levies. Notwithstanding the
extraordinary nature of the tax authorized by this Section, however, it has
become apparent that some units of
local government are using the tax revenue to fund expenses more properly paid
from general operating funds. These uses of the revenue are inconsistent with
the limited purpose of the tax authorization.
Therefore, the General Assembly declares, as a matter of policy, that (i) the
use of the tax revenue authorized by this Section for purposes not expressly
authorized under this Act is improper and (ii) the provisions of this Section
shall be strictly construed
consistent with this declaration and the Act's express purposes.
(b) A local public entity may annually levy or have levied on
its behalf taxes upon all taxable property within its territory at
a rate that will produce a sum that will be sufficient to:
(i) pay the cost
of insurance, individual or joint self-insurance (including
reserves thereon), including all operating and administrative costs and
expenses directly associated therewith, claims services and risk management
directly attributable to loss prevention and loss reduction, legal services
directly attributable
to the insurance, self-insurance, or joint self-insurance program, and
educational, inspectional, and supervisory
services directly relating to loss prevention and loss reduction, participation
in a reciprocal
insurer as provided in Sections 72, 76, and 81 of the Illinois Insurance Code,
or participation in a
reciprocal insurer, all as provided in settlements or judgments under
Section 9-102, including all costs and reserves directly attributable to
being a member of an insurance
pool, under Section 9-103; (ii) pay the costs of and principal
and interest on bonds issued under Section 9-105; (iii) pay judgments
and settlements under Section 9-104 of this Act; (iv) discharge
obligations under Section 34-18.1 of the School
Code or make transfers under Section 17-2A of the School Code; (v) pay judgments and settlements under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Environmental Protection Act, but only until December 31, 2010; (vi) pay the costs authorized by the Metro-East Sanitary District Act of 1974 as provided in subsection (a) of Section 5-1 of that Act; and (vii)
pay the cost of
risk management programs.
Provided it complies with any other applicable
statutory requirements, the local public entity may self-insure and
establish reserves for expected losses for any property damage or for any
liability or loss for which
the local public entity is authorized to levy or have levied on its behalf
taxes for the purchase of insurance or the payment of judgments or
settlements under this Section. The decision of the board to establish a
reserve shall be based on reasonable actuarial or insurance underwriting
evidence and subject to the limits and reporting provisions in Section
9-103.
If a school district was a member of a joint-self-health-insurance
cooperative that had more liability in outstanding claims than revenue to pay
those claims, the school board of that district may by resolution
make a one-time transfer from any fund in which tort immunity moneys are
maintained to the fund
or funds from which
payments to a joint-self-health-insurance
cooperative can
be or have been made of an amount not to exceed the amount of the
liability claim that the school district
owes to the joint-self-health-insurance cooperative or that the school district
paid within the 2 years immediately preceding the effective date of this
amendatory Act
of the 92nd General Assembly.
Funds raised pursuant to this Section shall, unless lawfully transferred as provided in Section 17-2A of the School Code, only be used for the purposes
specified in this Act, including protection against and reduction of any
liability or loss described
hereinabove and under
Federal or State common or statutory law, the Workers' Compensation Act,
the Workers' Occupational Diseases Act and the Unemployment Insurance Act.
Funds
raised pursuant to this Section may be invested in any manner in which
other funds of local public entities may be invested under Section 2 of the
Public Funds Investment Act. Interest on such
funds shall be used only for purposes for which the funds can be used or,
if surplus, must be used for abatement of property
taxes levied by the local taxing entity.
A local public entity may enter into intergovernmental contracts with a
term of not to exceed 12 years for the provision of joint self-insurance
which contracts may include an obligation to pay a proportional share of a
general obligation or revenue bond or other debt instrument issued by a
local public entity which is a party to the intergovernmental contract and
is authorized by the terms of the contract to issue the bond or other debt
instrument. Funds due under such contracts shall not be considered debt
under any constitutional or statutory limitation and the local public
entity may levy or have levied on its behalf taxes to pay for its
proportional share under the contract. Funds raised pursuant to
intergovernmental contracts for the provision of joint self-insurance may
only be used for the payment of any cost, liability or loss against which
a local public entity may protect itself or self-insure pursuant to Section
9-103 or for the payment of which such entity may levy a tax pursuant to
this Section, including tort judgments or settlements, costs
associated with the issuance, retirement or refinancing of the bonds or
other debt instruments, the repayment of the principal or interest of the
bonds or other debt instruments, the costs of the administration of the
joint self-insurance fund, consultant, and risk care management programs or
the costs of insurance. Any surplus returned to the local public entity
under the terms of the intergovernmental contract shall be used only for
purposes set forth in subsection (a) of Section 9-103 and Section 9-107 or for
abatement of property
taxes levied by the local taxing entity.
Any tax levied under this Section shall be levied and collected in
like manner with the general taxes of the entity and shall be exclusive
of and in addition to the amount of tax that entity is now or may
hereafter be authorized to levy for general purposes under any statute
which may limit the amount of tax which that entity may levy for general
purposes. The county clerk of the county in which any part of the
territory of the local taxing entity is located, in reducing tax levies
under the provisions of any Act concerning the levy and extension of
taxes, shall not consider any tax provided for by this Section as a part
of the general tax levy for the purposes of the entity nor include such
tax within any limitation of the percent of the assessed valuation upon
which taxes are required to be extended for such entity.
With respect to taxes levied under this Section, either before, on, or
after the effective date of this amendatory Act of 1994:
(1) Those taxes are excepted from and shall not be | ||
| ||
(2) Those taxes that a local public entity has levied | ||
| ||
(3) Paragraphs (1) and (2) do not apply to a hospital | ||
| ||
Revenues derived from such tax shall be paid to the treasurer of the
local taxing entity as collected and used for the purposes of this
Section and of Section 9-102, 9-103, 9-104 or 9-105, as the case may
be. If payments on account of such taxes are insufficient during any
year to meet such purposes, the entity may issue tax anticipation
warrants against the current tax levy in the manner provided by statute.
(Source: P.A. 99-922, eff. 1-17-17.)
|
(745 ILCS 10/Art. X heading) ARTICLE X--REPEALER;
EFFECTIVE DATE
|
(745 ILCS 10/10-101) (from Ch. 85, par. 10-101)
Sec. 10-101.
The following Acts and parts of Acts are repealed:
Sections 1-4-1, 1-4-2, 1-4-3, of the "Illinois Municipal Code", approved
May 29, 1961, as amended;
Section 3a, (Immunity) as added by House Bill No. 1640 of the
Seventy-First General Assembly, of "An Act to provide for the creation and
management of forest preserve districts and repealing certain acts therein
named", approved June 27, 1913, as amended;
"An Act relating to damages recoverable in actions for torts of park
districts", approved July 9, 1959, as amended;
Section 2a as added by Act approved July 22, 1959 of "An Act in relation
to the creation, maintenance, operation and improvement of the Chicago Park
District", approved July 10, 1933, as amended;
Section 23 of the "Chicago Regional Port District Act", approved June 6,
1951, as amended;
Section 26 of the "Waukegan Port District Act", approved June 30, 1955
as amended;
Section 25 of the "Joliet Regional Port District Act", approved July 6,
1957, as amended;
Section 26 of the "Tri-City Regional Port District Act", approved April
1, 1959, as amended;
Section 26 of the "Seneca Regional Port District Act", approved August
9, 1961, as amended;
Section 26 of the "Shawneetown Regional Port District Act", approved
August 9, 1961, as amended;
Section 30 of the "Southwest Regional Port District Act", approved
August 9, 1961, as amended;
Section 8.5a of the "Housing Authorities Act", approved March 19, 1934,
as amended.
(Source: P.A. 87-895.)
|