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| [ Engrossed ] | [ House Amendment 001 ] |
90_HB2812
55 ILCS 5/3-5031 from Ch. 34, par. 3-5031
55 ILCS 5/5-1103.5 new
Amends the Counties Code. Removes provision that a
recorder shall be guilty of and punished for malfeasance for
failure to perform duties. Requires a county to indemnify
its recorder to a maximum of $1,000,000 for damages from the
recorder's neglect of duty. Conditions indemnification upon
the recorder's notification to the county. Permits the
county to appear and intervene in actions against its
recorder for liability the county may indemnify.
LRB9008911JMsb
LRB9008911JMsb
1 AN ACT to amend the Counties Code by changing Section
2 3-5031 and adding Section 5-1103.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 3-5031 and adding Section 5-1103.5 as follows:
7 (55 ILCS 5/3-5031) (from Ch. 34, par. 3-5031)
8 Sec. 3-5031. Neglect of duty. If any party is injured
9 as a result of any recorder failing to perform any duty
10 imposed upon him or her by this Division, the recorder shall
11 be liable to the party for all damages occasioned thereby.
12 Penalty. If any recorder shall fail to perform any duty
13 imposed upon him by this Division, he shall be guilty of
14 malfeasance in office, and shall be punished accordingly, and
15 shall be liable to the party injured for all damages
16 occasioned thereby.
17 (Source: P.A. 86-962.)
18 (55 ILCS 5/5-1103.5 new)
19 Sec. 5-1103.5. Indemnity of recorder. If any injury to
20 a party is occasioned by the failure of any recorder to
21 perform any duty imposed upon him or her as provided by law,
22 the county shall indemnify the recorder for any judgment
23 recovered against him or her as a result of that injury,
24 except where the injury results from the wilful misconduct of
25 the recorder, to an extent not to exceed $1,000,000,
26 including costs of action. Any recorder, who at the time of
27 performing such act complained of was a recorder, who is made
28 a party defendant to any such action shall, within 10 days of
29 service of process upon him or her, notify the county of the
30 fact that the action has been instituted and that he or she
-2- LRB9008911JMsb
1 has been made a party defendant to the action. The notice
2 must be in writing and filed in the office of the State's
3 Attorney and also in the office of the county clerk, either
4 by himself or herself or by his or her agent or attorney.
5 The notice shall state in substance that the recorder has
6 been served with process and made a party defendant to an
7 action wherein it is claimed that a party has suffered injury
8 occasioned by the recorder's failure to perform any duty
9 imposed upon him or her by law, stating the title and number
10 of the case, the court wherein the action is pending, and the
11 date the recorder was served with process in the action and
12 made a party defendant thereto. The county which is or may
13 be liable to indemnify the recorder may intervene in the
14 action against the recorder and shall be permitted to appear
15 and defend. The duty of the county to indemnify any recorder
16 for any judgment recovered against him or her for his or her
17 neglect of duty is conditioned upon receiving notice of the
18 filing of any such action in the manner and form herein
19 described.