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IL SB3796

Bill

Status

Failed

1/8/2013

Primary Sponsor

Don Harmon

Click for details

Origin

Senate

97th General Assembly

AI Summary

  • Amends the Local Governmental and Governmental Employees Tort Immunity Act to require local public entities to provide indemnification for judgments, settlements, and legal defense costs upon employee request for employment-related claims.

  • Employees may retain legal representation of their choice and the local public entity must pay all reasonable attorney's fees and costs associated with the defense.

  • Indemnification applies only when: (1) the employee's action was on behalf of the local public entity; (2) litigation was not initiated by the local public entity, state, or federal government and does not involve criminal defense; and (3) litigation was not initiated by the employee.

  • Reasonable attorney's fees are determined by reference to rates paid by the local public entity to its attorneys or by the court in which the action lies.

  • Removes discretionary language allowing local entities to "elect" to defend, indemnify, or settle claims, replacing it with mandatory indemnification requirements upon employee request.

Legislative Description

LOC GOVT IMMUNITY-INDEMNITY

Last Action

Session Sine Die

1/8/2013

Committee Referrals

Assignments5/2/2012
Judiciary2/24/2012
Assignments2/10/2012

Full Bill Text

No bill text available