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IL SB3796
Bill
AI Summary
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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.
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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.
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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.
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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.
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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