Public Act 095-0342
 
HB1146 Enrolled LRB095 08441 LCT 28617 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The General Not For Profit Corporation Act of
1986 is amended by changing Section 108.70 as follows:
 
    (805 ILCS 105/108.70)  (from Ch. 32, par. 108.70)
    Sec. 108.70. Limited Liability of directors, officers,
board members, and persons who serve without compensation.
    (a) No director or officer serving without compensation,
other than reimbursement for actual expenses, of a corporation
organized under this Act or any predecessor Act and exempt, or
qualified for exemption, from taxation pursuant to Section
501(c) of the Internal Revenue Code of 1986, as amended, shall
be liable, and no cause of action may be brought, for damages
resulting from the exercise of judgment or discretion in
connection with the duties or responsibilities of such director
or officer unless the act or omission involved willful or
wanton conduct.
    (b) No director of a corporation organized under this Act
or any predecessor Act for the purposes identified in items
(14), (19), (21) and (22) of subsection (a) of Section 103.05
of this Act, and exempt or qualified for exemption from
taxation pursuant to Section 501(c) of the Internal Revenue
Code of 1986, as amended, shall be liable, and no cause of
action may be brought for damages resulting from the exercise
of judgment or discretion in connection with the duties or
responsibilities of such director, unless: (1) such director
earns in excess of $5,000 per year from his duties as director,
other than reimbursement for actual expenses; or (2) the act or
omission involved willful or wanton conduct.
    (b-5) Except for willful and wanton conduct, no volunteer
board member serving without compensation, other than
reimbursement for actual expenses, of a corporation organized
under this Act or any predecessor Act and exempt, or qualified
for exemption, from taxation pursuant to Section 501(c)(3) of
the Internal Revenue Code of 1986, as amended, shall be liable,
and no action may be brought, for damages resulting from any
action of the executive director concerning the false reporting
of or intentional tampering with financial records of the
organization, where the actions of the executive director
result in legal action.
    This subsection (b-5) shall not apply to any action taken
by the Attorney General (i) in the exercise of his or her
common law or statutory power and duty to protect charitable
assets or (ii) in the exercise of his or her authority to
enforce the laws of this State that apply to trustees of a
charity, as that term is defined in the Charitable Trust Act
and the Solicitation for Charity Act.
    (c) No person who, without compensation other than
reimbursement for actual expenses, renders service to or for a
corporation organized under this Act or any predecessor Act and
exempt or qualified for exemption from taxation pursuant to
Section 501(c)(3) of the Internal Revenue Code of 1986, as
amended, shall be liable, and no cause of action may be
brought, for damages resulting from an act or omission in
rendering such services, unless the act or omission involved
willful or wanton conduct.
    (d) (Blank). As used in this Section "willful or wanton
conduct" 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.
    (e) Nothing in this Section is intended to bar any cause of
action against the corporation or change the liability of the
corporation arising out of an act or omission of any director,
officer or person exempt from liability for negligence under
this Section.
(Source: P.A. 87-832.)