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91_SB0385enr
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1 AN ACT concerning the Illinois Clean Energy Community
2 Trust, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Employee Indemnification Act is
6 amended by changing Section 2 as follows:
7 (5 ILCS 350/2) (from Ch. 127, par. 1302)
8 Sec. 2. Representation and indemnification of State
9 employees.
10 (a) In the event that any civil proceeding is commenced
11 against any State employee arising out of any act or omission
12 occurring within the scope of the employee's State
13 employment, the Attorney General shall, upon timely and
14 appropriate notice to him by such employee, appear on behalf
15 of such employee and defend the action. In the event that
16 any civil proceeding is commenced against any physician who
17 is an employee of the Department of Corrections or the
18 Department of Human Services (in a position relating to the
19 Department's mental health and developmental disabilities
20 functions) alleging death or bodily injury or other injury to
21 the person of the complainant resulting from and arising out
22 of any act or omission occurring on or after December 3, 1977
23 within the scope of the employee's State employment, or
24 against any physician who is an employee of the Department of
25 Veterans' Affairs alleging death or bodily injury or other
26 injury to the person of the complainant resulting from and
27 arising out of any act or omission occurring on or after the
28 effective date of this amendatory Act of 1988 within the
29 scope of the employee's State employment, or in the event
30 that any civil proceeding is commenced against any attorney
31 who is an employee of the State Appellate Defender alleging
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1 legal malpractice or for other damages resulting from and
2 arising out of any legal act or omission occurring on or
3 after December 3, 1977, within the scope of the employee's
4 State employment, or in the event that any civil proceeding
5 is commenced against any individual or organization who
6 contracts with the Department of Labor to provide services as
7 a carnival and amusement ride safety inspector alleging
8 malpractice, death or bodily injury or other injury to the
9 person arising out of any act or omission occurring on or
10 after May 1, 1985, within the scope of that employee's State
11 employment, the Attorney General shall, upon timely and
12 appropriate notice to him by such employee, appear on behalf
13 of such employee and defend the action. Any such notice
14 shall be in writing, shall be mailed within 15 days after the
15 date of receipt by the employee of service of process, and
16 shall authorize the Attorney General to represent and defend
17 the employee in the proceeding. The giving of this notice to
18 the Attorney General shall constitute an agreement by the
19 State employee to cooperate with the Attorney General in his
20 defense of the action and a consent that the Attorney General
21 shall conduct the defense as he deems advisable and in the
22 best interests of the employee, including settlement in the
23 Attorney General's discretion. In any such proceeding, the
24 State shall pay the court costs and litigation expenses of
25 defending such action, to the extent approved by the Attorney
26 General as reasonable, as they are incurred.
27 (b) In the event that the Attorney General determines
28 that so appearing and defending an employee either (1)
29 involves an actual or potential conflict of interest, or (2)
30 that the act or omission which gave rise to the claim was not
31 within the scope of the employee's State employment or was
32 intentional, wilful or wanton misconduct, the Attorney
33 General shall decline in writing to appear or defend or shall
34 promptly take appropriate action to withdraw as attorney for
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1 such employee. Upon receipt of such declination or upon such
2 withdrawal by the Attorney General on the basis of an actual
3 or potential conflict of interest, the State employee may
4 employ his own attorney to appear and defend, in which event
5 the State shall pay the employee's court costs, litigation
6 expenses and attorneys' fees to the extent approved by the
7 Attorney General as reasonable, as they are incurred. In the
8 event that the Attorney General declines to appear or
9 withdraws on the grounds that the act or omission was not
10 within the scope of employment, or was intentional, wilful or
11 wanton misconduct, and a court or jury finds that the act or
12 omission of the State employee was within the scope of
13 employment and was not intentional, wilful or wanton
14 misconduct, the State shall indemnify the State employee for
15 any damages awarded and court costs and attorneys' fees
16 assessed as part of any final and unreversed judgment. In
17 such event the State shall also pay the employee's court
18 costs, litigation expenses and attorneys' fees to the extent
19 approved by the Attorney General as reasonable.
20 In the event that the defendant in the proceeding is an
21 elected State official, including members of the General
22 Assembly, the elected State official may retain his or her
23 attorney, provided that said attorney shall be reasonably
24 acceptable to the Attorney General. In such case the State
25 shall pay the elected State official's court costs,
26 litigation expenses, and attorneys' fees, to the extent
27 approved by the Attorney General as reasonable, as they are
28 incurred.
29 (b-5) The Attorney General may file a counterclaim on
30 behalf of a State employee, provided:
31 (1) the Attorney General determines that the State
32 employee is entitled to representation in a civil action
33 under this Section;
34 (2) the counterclaim arises out of any act or
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1 omission occurring within the scope of the employee's
2 State employment that is the subject of the civil action;
3 and
4 (3) the employee agrees in writing that if judgment
5 is entered in favor of the employee, the amount of the
6 judgment shall be applied to offset any judgment that may
7 be entered in favor of the plaintiff, and then to
8 reimburse the State treasury for court costs and
9 litigation expenses required to pursue the counterclaim.
10 The balance of the collected judgment shall be paid to
11 the State employee.
12 (c) Notwithstanding any other provision of this Section,
13 representation and indemnification of a judge under this Act
14 shall also be provided in any case where the plaintiff seeks
15 damages or any equitable relief as a result of any decision,
16 ruling or order of a judge made in the course of his or her
17 judicial or administrative duties, without regard to the
18 theory of recovery employed by the plaintiff.
19 Indemnification shall be for all damages awarded and all
20 court costs, attorney fees and litigation expenses assessed
21 against the judge. When a judge has been convicted of a crime
22 as a result of his or her intentional judicial misconduct in
23 a trial, that judge shall not be entitled to indemnification
24 and representation under this subsection in any case
25 maintained by a party who seeks damages or other equitable
26 relief as a direct result of the judge's intentional judicial
27 misconduct.
28 (d) In any such proceeding where notice in accordance
29 with this Section has been given to the Attorney General,
30 unless the court or jury finds that the conduct or inaction
31 which gave rise to the claim or cause of action was
32 intentional, wilful or wanton misconduct and was not intended
33 to serve or benefit interests of the State, the State shall
34 indemnify the State employee for any damages awarded and
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1 court costs and attorneys' fees assessed as part of any final
2 and unreversed judgment, or shall pay such judgment. Unless
3 the Attorney General determines that the conduct or inaction
4 which gave rise to the claim or cause of action was
5 intentional, wilful or wanton misconduct and was not intended
6 to serve or benefit interests of the State, the case may be
7 settled, in the Attorney General's discretion and with the
8 employee's consent, and the State shall indemnify the
9 employee for any damages, court costs and attorneys' fees
10 agreed to as part of the settlement, or shall pay such
11 settlement. Where the employee is represented by private
12 counsel, any settlement must be so approved by the Attorney
13 General and the court having jurisdiction, which shall
14 obligate the State to indemnify the employee.
15 (e) (i) Court costs and litigation expenses and other
16 costs of providing a defense or counterclaim, including
17 attorneys' fees obligated under this Section, shall be paid
18 from the State Treasury on the warrant of the Comptroller out
19 of appropriations made to the Department of Central
20 Management Services specifically designed for the payment of
21 costs, fees and expenses covered by this Section.
22 (ii) Upon entry of a final judgment against the
23 employee, or upon the settlement of the claim, the employee
24 shall cause to be served a copy of such judgment or
25 settlement, personally or by certified or registered mail
26 within thirty days of the date of entry or settlement, upon
27 the chief administrative officer of the department, office or
28 agency in which he is employed. If not inconsistent with the
29 provisions of this Section, such judgment or settlement shall
30 be certified for payment by such chief administrative officer
31 and by the Attorney General. The judgment or settlement
32 shall be paid from the State Treasury on the warrant of the
33 Comptroller out of appropriations made to the Department of
34 Central Management Services specifically designed for the
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1 payment of claims covered by this Section.
2 (f) Nothing contained or implied in this Section shall
3 operate, or be construed or applied, to deprive the State, or
4 any employee thereof, of any defense heretofore available.
5 (g) This Section shall apply regardless of whether the
6 employee is sued in his or her individual or official
7 capacity.
8 (h) This Section shall not apply to claims for bodily
9 injury or damage to property arising from motor vehicle
10 accidents.
11 (i) This Section shall apply to all proceedings filed on
12 or after its effective date, and to any proceeding pending on
13 its effective date, if the State employee gives notice to the
14 Attorney General as provided in this Section within 30 days
15 of the Act's effective date.
16 (j) The amendatory changes made to this Section by this
17 amendatory Act of 1986 shall apply to all proceedings filed
18 on or after the effective date of this amendatory Act of 1986
19 and to any proceeding pending on its effective date, if the
20 State employee gives notice to the Attorney General as
21 provided in this Section within 30 days of the effective date
22 of this amendatory Act of 1986.
23 (k) This Act applies to all State officials who are
24 serving as trustees, or their appointing authorities, of a
25 clean energy community trust or as members of a
26 not-for-profit foundation or corporation established pursuant
27 to Section 16-111.1 of the Public Utilities Act.
28 (Source: P.A. 89-507, eff. 7-1-97; 89-688, eff. 6-1-97;
29 90-655, eff. 7-30-98.)
30 Section 10. The Public Utilities Act is amended by
31 changing Section 16-111.1 as follows:
32 (220 ILCS 5/16-111.1)
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1 Sec. 16-111.1. Illinois Clean Energy Community Trust.
2 (a) An electric utility which has sold or transferred
3 generating facilities in a transaction to which subsection
4 (k) of Section 16-111 applies is authorized to establish an
5 Illinois clean energy community trust or foundation for the
6 purposes of providing financial support and assistance to
7 entities, public or private, within the State of Illinois
8 including, but not limited to, units of State and local
9 government, educational institutions, corporations, and
10 charitable, educational, environmental and community
11 organizations, for programs and projects that benefit the
12 public by improving energy efficiency, developing renewable
13 energy resources, supporting other energy related projects
14 that improve the State's environmental quality, and
15 supporting projects and programs intended to preserve or
16 enhance the natural habitats and wildlife areas of the State.
17 Provided, however, that the trust or foundation funds shall
18 not be used for the remediation of environmentally impaired
19 property. The trust or foundation may also assist in
20 identifying other energy and environmental grant
21 opportunities.
22 (b) Such trust or foundation shall be governed by a
23 declaration of trust or articles of incorporation and bylaws
24 which shall, at a minimum, provide that:
25 (1) There shall be 6 voting trustees of the trust
26 or foundation, one of whom shall be appointed by the
27 Governor, one of whom shall be appointed by the President
28 of the Illinois Senate, one of whom shall be appointed by
29 the Minority Leader of the Illinois Senate, one of whom
30 shall be appointed by the Speaker of the Illinois House
31 of Representatives, one of whom shall be appointed by the
32 Minority Leader of the Illinois House of Representatives,
33 and one of whom shall be appointed by the electric
34 utility establishing the trust or foundation, provided
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1 that the voting trustee appointed by the utility shall be
2 a representative of a recognized environmental action
3 group selected by the utility. The Governor shall
4 designate select one of the 6 voting trustees to serve
5 as, once appointed, to be the first chairman of the trust
6 or foundation, who shall serve as chairman of the trust
7 or foundation at the pleasure of the Governor pending the
8 first election of officers. In addition, there shall be 4
9 non-voting trustees, one of whom shall be appointed by
10 the Director of the Department of Commerce and Community
11 Affairs, one of whom shall be appointed by the Director
12 of the Illinois Environmental Protection Agency, one of
13 whom shall be appointed by the Director of the Department
14 of Natural Resources, and one of whom shall be appointed
15 by the electric utility establishing the trust or
16 foundation, provided that the non-voting trustee
17 appointed by the utility shall bring financial expertise
18 to the trust or foundation and shall have appropriate
19 credentials therefor.
20 (2) All voting trustees and the non-voting trustee
21 with financial expertise shall be entitled to
22 compensation for their services as trustees, provided,
23 however, that no member of the General Assembly and no
24 employee of the electric utility establishing the trust
25 or foundation serving as a voting trustee shall receive
26 any compensation for his or her services as a trustee,
27 and provided further that the compensation to the
28 chairman of the trust shall not exceed $25,000 annually
29 and the compensation to any other trustee shall not
30 exceed $20,000 annually. All trustees shall be entitled
31 to reimbursement for reasonable expenses incurred on
32 behalf of the trust in the performance of their duties as
33 trustees. All such compensation and reimbursements shall
34 be paid out of the trust.
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1 (3) Trustees shall be appointed within 30 days
2 after the creation of the trust or foundation and shall
3 serve for a term of 5 years commencing upon the date of
4 their respective appointments, until their respective
5 successors are appointed and qualified.
6 (4) A vacancy in the office of trustee shall be
7 filled by the person holding the office responsible for
8 appointing the trustee whose death or resignation creates
9 the vacancy, and a trustee appointed to fill a vacancy
10 shall serve the remainder of the term of the trustee
11 whose resignation or death created the vacancy.
12 (5) The trust or foundation shall have an
13 indefinite term, and shall terminate at such time as no
14 trust assets remain.
15 (6) The trust or foundation shall be funded in the
16 minimum amount of $250,000,000, with the allocation and
17 disbursement of funds for the various purposes for which
18 the trust or foundation is established to be determined
19 by the trustees in accordance with the declaration of
20 trust or the articles of incorporation and bylaws;
21 provided, however, that this amount may be reduced by up
22 to $25,000,000 if, at the time the trust or foundation is
23 funded, a corresponding amount is contributed by the
24 electric utility establishing the trust or foundation to
25 the Board of Trustees of Southern Illinois University for
26 the purpose of funding programs or projects related to
27 clean coal and provided further that $25,000,000 of the
28 amount contributed to the trust or foundation shall be
29 available to fund programs or projects related to clean
30 coal.
31 (7) The trust or foundation shall be authorized to
32 employ an executive director and other employees, to
33 enter into leases, contracts and other obligations on
34 behalf of the trust or foundation, and to incur expenses
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1 that the trustees deem necessary or appropriate for the
2 fulfillment of the purposes for which the trust or
3 foundation is established, provided, however, that
4 salaries and administrative expenses incurred on behalf
5 of the trust or foundation shall not exceed $500,000 in
6 the first fiscal year after the trust or foundation is
7 established and shall not exceed $1,000,000 in each
8 subsequent fiscal year.
9 (8) The trustees may create and appoint advisory
10 boards or committees to assist them with the
11 administration of the trust or foundation, and to advise
12 and make recommendations to them regarding the
13 contribution and disbursement of the trust or foundation
14 funds.
15 (c)(1) In addition to the allocation and disbursement of
16 funds for the purposes set forth in subsection (a) of
17 this Section, the trustees of the trust or foundation
18 shall annually contribute funds in amounts set forth in
19 subparagraph (2) of this subsection to the Citizens
20 Utility Board created by the Citizens Utility Board Act;
21 provided, however, that any such funds shall be used
22 solely for the representation of the interests of utility
23 consumers before the Illinois Commerce Commission, the
24 Federal Energy Regulatory Commission, and the Federal
25 Communications Commission and for the provision of
26 consumer education on utility service and prices and on
27 benefits and methods of energy conservation. Provided,
28 however, that no part of such funds shall be used to
29 support (i) any lobbying activity, (ii) activities
30 related to fundraising, (iii) advertising or other
31 marketing efforts regarding a particular utility, or (iv)
32 solicitation of support for, or advocacy of, a particular
33 position regarding any specific utility or a utility's
34 docketed proceeding.
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1 (2) In the calendar year in which the trust or
2 foundation is first funded, the trustees shall contribute
3 $1,000,000 to the Citizens Utility Board within 60 days
4 after such trust or foundation is established; provided,
5 however, that such contribution shall be made after
6 December 31, 1999. In each of the 6 calendar years
7 subsequent to the first contribution, if the trust or
8 foundation is in existence, the trustees shall contribute
9 to the Citizens Utility Board an amount equal to the
10 total expenditures by such organization in the prior
11 calendar year, as set forth in the report filed by the
12 Citizens Utility Board with the chairman of such trust or
13 foundation as required by subparagraph (3) of this
14 subsection. Such subsequent contributions shall be made
15 within 30 days of submission by the Citizens Utility
16 Board of such report to the Chairman of the trust or
17 foundation, but in no event shall any annual contribution
18 by the trustees to the Citizens Utility Board exceed
19 $1,000,000. Following such 7-year period, an Illinois
20 statutory consumer protection agency may petition the
21 trust or foundation for contributions to fund
22 expenditures of the type identified in paragraph (1), but
23 in no event shall annual contributions by the trust or
24 foundation for such expenditures exceed $1,000,000.
25 (3) The Citizens Utility Board shall file a report
26 with the chairman of such trust or foundation for each
27 year in which it expends any funds received from the
28 trust or foundation setting forth the amount of any
29 expenditures (regardless of the source of funds for such
30 expenditures) for: (i) the representation of the
31 interests of utility consumers before the Illinois
32 Commerce Commission, the Federal Energy Regulatory
33 Commission, and the Federal Communications Commission,
34 and (ii) the provision of consumer education on utility
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1 service and prices and on benefits and methods of energy
2 conservation. Such report shall separately state the
3 total amount of expenditures for the purposes or
4 activities identified by items (i) and (ii) of this
5 paragraph, the name and address of the external recipient
6 of any such expenditure, if applicable, and the specific
7 purposes or activities (including internal purposes or
8 activities) for which each expenditure was made. Any
9 report required by this subsection shall be filed with
10 the chairman of such trust or foundation no later than
11 March 31 of the year immediately following the year for
12 which the report is required.
13 (Source: P.A. 91-50, eff. 6-30-99.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.
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