Illinois 2023-2024 Regular Session

Illinois House Bill HB0994

Introduced
1/12/23  
Introduced
1/12/23  
Refer
2/28/23  
Refer
1/12/23  
Refer
3/10/23  
Refer
2/28/23  

Caption

STATE EMPLOYEE INDEMNIFICATION

Impact

If enacted, this bill would alter the landscape of legal protections for state employees, providing broader indemnification in civil claims. This means that employees may receive state-funded legal representation even in cases where there is a claim of wrongdoing unless it is definitively proven that their conduct was malicious or beyond the bounds of acceptable behavior. The implications of this bill suggest a movement toward increased support for public servants, facilitating their ability to act decisively in situations that could lead to litigation.

Summary

House Bill 0994 aims to amend the State Employee Indemnification Act in Illinois by removing provisions that previously allowed the Attorney General to decline representation for state employees in civil proceedings if the actions leading to the claims were intentional, willful, or wanton. The change is intended to enhance the protection of state employees against personal liability in cases arising from their official duties, ultimately ensuring that they can perform their roles without the fear of personal legal repercussions as long as their actions fall within the scope of their employment.

Contention

Notably, there is potential for contention surrounding this amendment, particularly concerning the balance of accountability and protection for state employees. Critics may argue that by removing the Attorney General's ability to decline representation in cases involving alleged intentional misconduct, the state could inadvertently shield employees from accountability in egregious cases. Supporters, however, counter that this will allow employees to focus on their responsibilities without fear of being personally sued for unintentional mistakes made in good faith during their employment.

Companion Bills

No companion bills found.

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