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90_SB0721
New Act
Creates the Construction Safety Professionals Act to
immunize certified construction safety professionals from
civil liability for injuries arising from their services,
except for injuries arising from willful or wanton
misconduct. Effective immediately.
LRB9000234DPcc
LRB9000234DPcc
1 AN ACT to create the Construction Safety Professionals
2 Act.
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 Construction Safety Professionals Act.
7 Section 5. Legislative declaration. It is declared to be
8 the public policy of this State that certified construction
9 safety professionals be encouraged to meet the demand for
10 thorough and timely safety inspections at construction sites
11 across this State. Therefore, the General Assembly finds that
12 it is undesirable for construction safety professionals to be
13 subject to frivolous lawsuits that reduce the availability
14 and affordability of those professionals and, consequently,
15 the safety of structures and their occupants.
16 Section 10. Certified construction safety professional.
17 "Certified construction safety professional" means a person
18 certified, registered, or licensed by an Illinois-based or
19 national safety organization to provide construction site
20 safety services, including but not limited to conducting
21 inspections of construction sites and preparing reports and
22 making recommendations regarding the safety of construction
23 sites.
24 Section 15. Liability exemption.
25 (a) A certified construction safety professional shall
26 not be civilly liable for any injuries to person or property
27 allegedly occurring as a result of services which he or she
28 is certified to perform, unless the alleged act or omission
29 constitutes willful or wanton misconduct.
-2- LRB9000234DPcc
1 (b) As used in this Section, "willful or wanton
2 misconduct" means a course of action that shows an actual or
3 deliberate intention to cause harm or, if not intentional,
4 shows an utter indifference to or conscious disregard for the
5 safety of others or their property.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.