[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB0546
New Act
735 ILCS 5/13-204 from Ch. 110, par. 13-204
745 ILCS 10/1-101.1 from Ch. 85, par. 1-101.1
745 ILCS 10/1-210 from Ch. 85, par. 1-210
745 ILCS 10/1-211 formerly 10/3-101
from Ch. 85, par. 3-101
745 ILCS 10/2-112 new
745 ILCS 10/2-201 from Ch. 85, par. 2-201
745 ILCS 10/2-202 from Ch. 85, par. 2-202
745 ILCS 10/2-214 new
745 ILCS 10/3-102 from Ch. 85, par. 3-102
745 ILCS 10/3-103 from Ch. 85, par. 3-103
745 ILCS 10/3-105 from Ch. 85, par. 3-105
745 ILCS 10/3-106 from Ch. 85, par. 3-106
745 ILCS 10/3-108 from Ch. 85, par. 3-108
745 ILCS 10/4-108 new
745 ILCS 10/3-109 rep.
Creates the Charitable, Religious, and Educational
Non-Profit Corporation Immunity Act. Provides that certain
non-profit entities are not liable for certain damages
resulting from the performance of services performed for
specified public entities under specified circumstances.
Amends the Code of Civil Procedure by providing that a
contribution or indemnity action may not be brought against a
local public entity or public employee after the limitation
period in the Local Governmental and Governmental Employees
Tort Immunity Act has expired. Amends the Local
Governmental and Governmental Employees Tort Immunity Act by
making numerous changes regarding the scope and nature of
immunities and liability under the Act. Effective
immediately.
LRB9002613WHmg
LRB9002613WHmg
1 AN ACT in relation to rights and remedies, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Charitable, Religious, and Educational Non-Profit Corporation
7 Immunity Act.
8 Section 5. Findings. It is declared to be the public
9 policy of this State to encourage the operation of non-profit
10 service corporations that are tax exempt organizations
11 operating pursuant to Section 501(c)(3) of the Internal
12 Revenue Code. These organizations are often called upon to
13 provide human services for agencies of the local, State, or
14 federal government that would enjoy some measure of immunity
15 if they provided the services directly. The availability of
16 services from non-profit corporations to carry out
17 governmental programs is beneficial to the People of
18 Illinois. The costs and availability of those services is
19 directly affected by the litigation and insurance costs borne
20 by the non-profit service providers. The General Assembly,
21 therefore, determines that it is desirable to extend to
22 Section 501(c)(3) non-profit corporations a degree of civil
23 immunity. These non-profit entities shall not be found
24 liable on account of services provided to individuals if the
25 entities have been approved by the governmental agency
26 subject to specific performance standards or operate under
27 the scope of licenses issued by the Illinois Department of
28 Children and Family Services, the Illinois Department of
29 Mental Health and Developmental Disabilities (or its
30 successor agency) or some other licensing authority. The
31 immunity made available by this Act shall apply only to
-2- LRB9002613WHmg
1 services funded by any agency of State, local, or federal
2 government.
3 Section 10. Non-profit corporation liability for damages
4 on governmental service contracts. Any non-profit
5 corporation qualified as a religious, charitable, or
6 educational organization under Section 501(c)(3) of the
7 Internal Revenue Code that provides services to individuals
8 within the scope of licenses or approvals issued by the
9 Illinois Department of Children and Family Services, the
10 Illinois Department of Mental Health and Developmental
11 Disabilities (and, on or after July 1, 1997, the Department
12 of Human Services) or some other licensing authority and
13 funded by any agency of the State of Illinois or any
14 political subdivision or by any agency of the federal
15 government shall not be liable for personal injuries
16 allegedly caused by the organization's acts or omissions
17 unless the alleged misconduct was willful or wanton.
18 Section 15. Availability of defenses. Any insurance
19 company or religious, charitable, and educational risk
20 pooling trust that provides coverage to a non-profit Section
21 501(c)(3) organization may utilize any immunities or may
22 assert any defenses to which the insured non-profit
23 organization is entitled.
24 Section 905. The Code of Civil Procedure is amended by
25 changing Section 13-204 as follows:
26 (735 ILCS 5/13-204) (from Ch. 110, par. 13-204)
27 Sec. 13-204. Contribution and indemnity.
28 (a) In instances where no underlying action seeking
29 recovery for injury to or death of a person or injury or
30 damage to property has been filed by a claimant, no action
-3- LRB9002613WHmg
1 for contribution or indemnity may be commenced with respect
2 to any payment made to that claimant more than 2 years after
3 the party seeking contribution or indemnity has made the
4 payment in discharge of his or her liability to the claimant.
5 (b) In instances where an underlying action has been
6 filed by a claimant, no action for contribution or indemnity
7 may be commenced more than 2 years after the party seeking
8 contribution or indemnity has been served with process in the
9 underlying action or more than 2 years from the time the
10 party, or his or her privy, knew or should reasonably have
11 known of an act or omission giving rise to the action for
12 contribution or indemnity, whichever period expires later.
13 (c) The applicable limitations period contained in
14 subsection (a) or (b), except as provided in subsection (f),
15 shall apply to all actions for contribution or indemnity and
16 shall preempt, as to contribution and indemnity actions only,
17 all other statutes of limitation or repose, but only to the
18 extent that the claimant in an underlying action could have
19 timely sued the party from whom contribution or indemnity is
20 sought at the time such claimant filed the underlying action,
21 or in instances where no underlying action has been filed,
22 the payment in discharge of the obligation of the party
23 seeking contribution or indemnity is made before any such
24 underlying action would have been barred by lapse of time.
25 (d) The provisions of this Section, as amended by Public
26 Act 88-538, shall be applied retroactively when substantively
27 applicable, including all pending actions without regard to
28 when the cause of action accrued; provided, however, that
29 this amendatory Act of 1994 shall not operate to affect
30 statutory limitations or repose rights of any party which
31 have fully vested prior to its effective date.
32 (e) The provisions of this Section shall not apply to
33 any action for damages in which contribution or
34 indemnification is sought from a party who is alleged to have
-4- LRB9002613WHmg
1 been negligent and whose negligence has been alleged to have
2 resulted in injuries or death by reason of medical or other
3 healing art malpractice.
4 (f) A contribution or indemnity action may not be
5 brought against a local public entity or a public employee
6 after the one year limitation period in Section 8-101 of the
7 Local Governmental and Governmental Employees Tort Immunity
8 Act has expired. As used in this Section, "local public
9 entity" and "public employee" have the meanings ascribed to
10 those terms in the Local Governmental and Governmental
11 Employees Tort Immunity Act.
12 (Source: P.A. 88-538; 89-626, eff. 8-9-96.)
13 Section 915. The Local Governmental and Governmental
14 Employees Tort Immunity Act is amended by changing Sections
15 1-101.1, 1-210, 2-201, 2-202, 3-102, 3-103, 3-105, 3-106, and
16 3-108, by adding Sections 2-112, 2-214, and 4-108, and by
17 changing and renumbering Section 3-101 as follows:
18 (745 ILCS 10/1-101.1) (from Ch. 85, par. 1-101.1)
19 Sec. 1-101.1. (a) The purpose of this Act is to protect
20 local public entities and public employees from liability
21 arising from the operation of government. It grants only
22 immunities and defenses. Nothing in this Act shall be
23 construed as creating a duty on the part of local public
24 entities or public employees. Common law doctrines, including
25 but not limited to the special duty doctrine, are not
26 exceptions to this Act.
27 (b) Any defense or immunity, common law or statutory,
28 available to any private person shall likewise be available
29 to local public entities and public employees.
30 (c) The exception to the immunities granted by this Act
31 for willful and wanton conduct does not apply unless a
32 specific provision of this Act so provides.
-5- LRB9002613WHmg
1 (d) The immunities provided in this Act apply equally to
2 discretionary and ministerial conduct, acts, or omissions,
3 and unless otherwise specifically provided in this Act, apply
4 to any theory of liability, whether based on negligence or on
5 conduct which shows an actual or deliberate intention to
6 cause harm, and whether based on nonfeasance or on
7 misfeasance.
8 (Source: P.A. 84-1431.)
9 (745 ILCS 10/1-210) (from Ch. 85, par. 1-210)
10 Sec. 1-210. "Willful and wanton conduct" as used in this
11 Act means conduct or a course of action which shows an actual
12 or deliberate intention to cause harm or which, if not
13 intentional, shows an utter indifference to or conscious
14 disregard for the safety of others or their property.
15 (Source: P.A. 84-1431.)
16 (745 ILCS 10/1-211, formerly 10/3-101) (from Ch. 85, par.
17 3-101)
18 Sec. 1-211 3-101. Property of a local public entity;
19 public property. As used in this Article unless the context
20 otherwise requires "Property of a local public entity" and
21 "public property" mean any real or personal property owned,
22 or leased, possessed, managed, maintained, used, or
23 controlled by a local public entity, but do not include
24 easements, encroachments and other property that are located
25 on its property but that it does not own, possess or lease.
26 (Source: Laws 1965, p. 2983.)
27 (745 ILCS 10/2-112 new)
28 Sec. 2-112. Pre-employment testing. A local public
29 entity is not liable for physical injuries caused during any
30 pre-employment testing of an individual who is attempting to
31 secure employment with the local public entity, unless some
-6- LRB9002613WHmg
1 act or omission by the local public entity during the
2 pre-employment testing of the individual constitutes willful
3 and wanton conduct.
4 (745 ILCS 10/2-201) (from Ch. 85, par. 2-201)
5 Sec. 2-201. Discretionary Immunity for Non-Ministerial
6 Matters.
7 (a) A public employee shall not be liable for any injury
8 arising out of or resulting from the exercise of discretion
9 or judgment in the performance of or failure to perform any
10 act or omission while acting on behalf of the public entity.
11 (b) A public employe shall also possess the
12 discretionary immunity in subsection (a) in determining
13 whether to enact initially, or when enacted, whether to
14 enforce the public entity's own internal policies guidelines,
15 standards, rules, regulations, and the like. Except as
16 otherwise provided by Statute, a public employee serving in a
17 position involving the determination of policy or the
18 exercise of discretion is not liable for an injury resulting
19 from his act or omission in determining policy when acting in
20 the exercise of such discretion even though abused.
21 (Source: Laws 1965, p. 2983.)
22 (745 ILCS 10/2-202) (from Ch. 85, par. 2-202)
23 Sec. 2-202. (a) No A public employee is not liable for
24 his or her act or omission in the execution or enforcement of
25 any law unless such act or omission constitutes willful and
26 wanton conduct.
27 (b) No public employee of a police department or law
28 enforcement agency is liable for his or her act or omission
29 in the course of his or her employment or in furtherance of
30 his or her official duties unless the act or omission
31 constitutes willful and wanton conduct.
32 (c) Nothing in this Section limits or otherwise modifies
-7- LRB9002613WHmg
1 the immunities provided in Section 4-102 of this Act.
2 (Source: P.A. 84-1431.)
3 (745 ILCS 10/2-214 new)
4 Sec. 2-214. Pre-employment testing. A public employee is
5 not liable for physical injuries caused during any
6 pre-employment testing of an individual who is attempting to
7 secure employment with the public employee, unless some act
8 or omission by the public employee during the pre-employment
9 testing of the individual constitutes willful or wanton
10 conduct.
11 (745 ILCS 10/3-102) (from Ch. 85, par. 3-102)
12 Sec. 3-102. Notice of defect in premises.
13 (a) A local public entity shall not be liable for injury
14 for failure to maintain its property in reasonably safe
15 condition for intended and permitted users unless it is
16 proven that it has actual notice of the existence of the
17 unsafe condition in sufficient time to remedy the condition.
18 (b) A local public entity shall not be liable for injury
19 to intended and permitted users except for willful and wanton
20 conduct for failure to maintain its property in reasonably
21 safe condition.
22 (c) A local public entity shall not be liable for injury
23 to a person who is not an intended and permitted user of the
24 property.
25 (d) Without implied limitation, a person using public
26 property in a manner prohibited by law, rule, regulation,
27 ordinance, custom, practice, and the like is not an intended
28 or permitted user. (a) Except as otherwise provided in this
29 Article, a local public entity has the duty to exercise
30 ordinary care to maintain its property in a reasonably safe
31 condition for the use in the exercise of ordinary care of
32 people whom the entity intended and permitted to use the
-8- LRB9002613WHmg
1 property in a manner in which and at such times as it was
2 reasonably foreseeable that it would be used, and shall not
3 be liable for injury unless it is proven that it has actual
4 or constructive notice of the existence of such a condition
5 that is not reasonably safe in reasonably adequate time prior
6 to an injury to have taken measures to remedy or protect
7 against such condition.
8 (b) A public entity does not have constructive notice of
9 a condition of its property that is not reasonably safe
10 within the meaning of Section 3-102(a) if it establishes
11 either:
12 (1) The existence of the condition and its character of
13 not being reasonably safe would not have been discovered by
14 an inspection system that was reasonably adequate considering
15 the practicability and cost of inspection weighed against the
16 likelihood and magnitude of the potential danger to which
17 failure to inspect would give rise to inform the public
18 entity whether the property was safe for the use or uses for
19 which the public entity used or intended others to use the
20 public property and for uses that the public entity actually
21 knew others were making of the public property or adjacent
22 property; or
23 (2) The public entity maintained and operated such an
24 inspection system with due care and did not discover the
25 condition.
26 (Source: P.A. 84-1431.)
27 (745 ILCS 10/3-103) (from Ch. 85, par. 3-103)
28 Sec. 3-103. (a) A local public entity is not liable under
29 this Article for an injury caused by the adoption of a plan
30 or design of a construction of, or an improvement to public
31 property where the plan or design has been approved in
32 advance of the construction or improvement by the legislative
33 body of such entity or by some other body or employee
-9- LRB9002613WHmg
1 exercising discretionary authority to give such approval or
2 where such plan or design is prepared in conformity with
3 standards previously so approved. The local public entity is
4 liable, however, if after the execution of such plan or
5 design it appears from its use that it has created a
6 condition that it is not reasonably safe.
7 (b) A public employee is not liable under this Article
8 for an injury caused by the adoption of a plan or design of a
9 construction of, or an improvement to public property.
10 (Source: Laws 1965, p. 2983.)
11 (745 ILCS 10/3-105) (from Ch. 85, par. 3-105)
12 Sec. 3-105. (a) Neither a local public entity nor a
13 public employee is liable for an injury caused by the effect
14 of weather conditions as such on the use of streets,
15 highways, alleys, sidewalks or other public ways, or places,
16 or the ways adjoining any of the foregoing, or the signals,
17 signs, markings, traffic or pedestrian control devices,
18 equipment or structures on or near any of the foregoing or
19 the ways adjoining any of the foregoing. For the purpose of
20 this section, the effect of weather conditions as such
21 includes but is not limited to the effect of wind, rain,
22 flood, hail, ice or snow but does not include physical damage
23 to or deterioration of streets, highways, alleys, sidewalks,
24 or other public ways or place or the ways adjoining any of
25 the foregoing, or the signals, signs, markings, traffic or
26 pedestrian control devices, equipment or structures on or
27 near any of the foregoing or the ways adjoining any of the
28 foregoing resulting from weather conditions.
29 (b) Without implied limitation, neither a local public
30 entity nor a public employee is liable for any injury caused
31 by the failure of a local public entity or a public employee
32 to upgrade any of its property, or the facilities and
33 improvements on that property, to current standards existing
-10- LRB9002613WHmg
1 street, highway, alley, sidewalk or other public way or
2 place, or the ways adjoining any of the foregoing, or the
3 signals, signs, markings, traffic or pedestrian control
4 devices, equipment or structures on or near such street,
5 highway, alley, sidewalk or other public way or place, or the
6 ways adjoining any of the foregoing from the standards, if
7 any, which existed at the time of the original dedication to,
8 or acquisition of, the right of way of such street, highway,
9 alley, sidewalk or other public way or place, or the ways
10 adjoining any of the foregoing, by the first local public
11 entity to acquire the property or right of way, to standards
12 which are or may be applicable or are imposed by any
13 government or other person or organization between the time
14 of such dedication and the time of such injury.
15 (c) Nothing in this Section shall relieve the local
16 public entity of the duty to exercise ordinary care in the
17 maintenance of its property as set forth in Section 3-102.
18 (Source: P.A. 84-1431.)
19 (745 ILCS 10/3-106) (from Ch. 85, par. 3-106)
20 Sec. 3-106. Public property intended or permitted to be
21 used for recreational purposes. Neither a local public entity
22 nor a public employee is liable for an injury where the
23 liability is in any way related to based on the existence of
24 a condition, maintenance, repair, control, or use of any
25 public property intended or permitted to be used for
26 recreational purposes, including but not limited to parks,
27 playgrounds, open areas, buildings or other enclosed
28 recreational facilities, unless such local entity or public
29 employee is guilty of willful and wanton conduct proximately
30 causing such injury.
31 As used in this Section, "recreational purposes" include
32 but are not limited to any activity involving amusement,
33 athletics, diversion, entertainment, exercise, fitness,
-11- LRB9002613WHmg
1 physical education, play, pleasure, relaxation, training, or
2 sport. "Recreational purposes" need include only one of the
3 purposes of the public property for this immunity to apply.
4 (Source: P.A. 84-1431.)
5 (745 ILCS 10/3-108) (from Ch. 85, par. 3-108)
6 Sec. 3-108. (a) Except as otherwise provided by this Act
7 and subject to subdivision (b) neither a local public entity
8 nor a public employee is liable for an injury caused by a
9 failure to supervise an activity on or the use of any public
10 property, including, without limitation, the failure to
11 supervise or oversee a municipal construction project.
12 (b) Where a local public entity or public employee
13 designates a part of public property to be used for purposes
14 of swimming and establishes and designates by notice posted
15 upon the premises the hours of such use, the entity or public
16 employee is liable only for an injury proximately caused by
17 its failure to provide supervision during the said hours
18 posted.
19 (Source: Laws 1965, p. 2983.)
20 (745 ILCS 10/4-108 new)
21 Sec. 4-108. Criminal or intentionally tortious conduct.
22 Neither a local public entity nor a public employee is liable
23 for any injury caused or contributed to by the criminal or
24 intentionally tortious conduct of another person.
25 (745 ILCS 10/3-109 rep.)
26 Section 920. The Local Governmental and Governmental
27 Employees Tort Immunity Act is amended by repealing Section
28 3-109.
29 Section 999. Effective date. This Act takes effect upon
30 becoming law.