103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4569

 

Introduced 1/31/2024, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 350/1  from Ch. 127, par. 1301
55 ILCS 5/3-3014.5 new

    Amends the Counties Code. Provides that the State shall indemnify and hold harmless a board-certified forensic pathologist who has been appointed or designated by a county or a county coroner's office to perform autopsies for all of the pathologist's acts, omissions, decisions, or conduct arising out of the scope of the pathologist's duties of performing autopsies for the county, except those involving willful or wanton misconduct. Provides that indemnification shall be as provided under the State Employee Indemnification Act. Amends the State Employee Indemnification Act to make conforming changes.


LRB103 36830 AWJ 66941 b

 

 

A BILL FOR

 

HB4569LRB103 36830 AWJ 66941 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Employee Indemnification Act is
5amended by changing Section 1 as follows:
 
6    (5 ILCS 350/1)  (from Ch. 127, par. 1301)
7    Sec. 1. Definitions. For the purpose of this Act:
8    (a) The term "State" means the State of Illinois, the
9General Assembly, the court, or any State office, department,
10division, bureau, board, commission, or committee, the
11governing boards of the public institutions of higher
12education created by the State, the Illinois National Guard,
13the Illinois State Guard, the Comprehensive Health Insurance
14Board, any poison control center designated under the Poison
15Control System Act that receives State funding, or any other
16agency or instrumentality of the State. It does not mean any
17local public entity as that term is defined in Section 1-206 of
18the Local Governmental and Governmental Employees Tort
19Immunity Act or a pension fund, except for a county or county
20coroner's office as it relates to the appointment or
21designation of a board-certified forensic pathologist to
22conduct autopsies for a county or county coroner's office.
23    (b) The term "employee" means: any present or former

 

 

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1elected or appointed officer, trustee or employee of the
2State, or of a pension fund; any present or former
3commissioner or employee of the Executive Ethics Commission or
4of the Legislative Ethics Commission; any present or former
5Executive, Legislative, or Auditor General's Inspector
6General; any present or former employee of an Office of an
7Executive, Legislative, or Auditor General's Inspector
8General; any present or former member of the Illinois National
9Guard while on active duty; any present or former member of the
10Illinois State Guard while on State active duty; individuals
11or organizations who contract with the Department of
12Corrections, the Department of Juvenile Justice, the
13Comprehensive Health Insurance Board, or the Department of
14Veterans' Affairs to provide services; individuals or
15organizations who contract with the Department of Human
16Services (as successor to the Department of Mental Health and
17Developmental Disabilities) to provide services including but
18not limited to treatment and other services for sexually
19violent persons; individuals or organizations who contract
20with the Department of Military Affairs for youth programs;
21individuals or organizations who contract to perform carnival
22and amusement ride safety inspections for the Department of
23Labor; individuals who contract with the Office of the State's
24Attorneys Appellate Prosecutor to provide legal services, but
25only when performing duties within the scope of the Office's
26prosecutorial activities; individual representatives of or

 

 

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1designated organizations authorized to represent the Office of
2State Long-Term Ombudsman for the Department on Aging;
3individual representatives of or organizations designated by
4the Department on Aging in the performance of their duties as
5adult protective services agencies or regional administrative
6agencies under the Adult Protective Services Act; individuals
7or organizations appointed as members of a review team or the
8Advisory Council under the Adult Protective Services Act;
9individuals or organizations who perform volunteer services
10for the State where such volunteer relationship is reduced to
11writing; individuals who serve on any public entity (whether
12created by law or administrative action) described in
13paragraph (a) of this Section; individuals or not for profit
14organizations who, either as volunteers, where such volunteer
15relationship is reduced to writing, or pursuant to contract,
16furnish professional advice or consultation to any agency or
17instrumentality of the State; individuals who serve as foster
18parents for the Department of Children and Family Services
19when caring for youth in care as defined in Section 4d of the
20Children and Family Services Act; individuals who serve as
21members of an independent team of experts under the
22Developmental Disability and Mental Health Safety Act (also
23known as Brian's Law); individuals who have been appointed or
24designated by a county or a county coroner's office to perform
25autopsies if the individuals are board-certified forensic
26pathologists; and individuals who serve as arbitrators

 

 

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1pursuant to Part 10A of Article II of the Code of Civil
2Procedure and the rules of the Supreme Court implementing Part
310A, each as now or hereafter amended; the members of the
4Certification Review Panel under the Illinois Police Training
5Act; the term "employee" does not mean an independent
6contractor except as provided in this Section. The term
7includes an individual appointed as an inspector by the
8Director of the Illinois State Police when performing duties
9within the scope of the activities of a Metropolitan
10Enforcement Group or a law enforcement organization
11established under the Intergovernmental Cooperation Act. An
12individual who renders professional advice and consultation to
13the State through an organization which qualifies as an
14"employee" under the Act is also an employee. The term
15includes the estate or personal representative of an employee.
16    (c) The term "pension fund" means a retirement system or
17pension fund created under the Illinois Pension Code.
18(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22;
19102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
20    Section 10. The Counties Code is amended by adding Section
213-3014.5 as follows:
 
22    (55 ILCS 5/3-3014.5 new)
23    Sec. 3-3014.5. Indemnification for autopsies performed by
24board-certified forensic pathologists. The State shall

 

 

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1indemnify and hold harmless a board-certified forensic
2pathologist who has been appointed or designated by a county
3or a coroner's office to perform autopsies for all of the
4pathologist's acts, omissions, decisions, or conduct arising
5out of the scope of the pathologist's duties of performing
6autopsies for the county, except those involving willful or
7wanton misconduct. The method of providing indemnification
8shall be as provided in the State Employee Indemnification
9Act.