LEGISLATIVE IMMUNITY S.B. 273:
SUMMARY AS ENACTED
Senate Bill 273 (as enacted) PUBLIC ACT 244 of 2011
Sponsor: Senator Dave Robertson
Senate Committee: Economic Development
House Committee: Regulatory Reform
CONTENT
The bill amended Public Act 27 of 1984, which provides civil immunity to members of the Legislature, to revise a provision pertaining to a contested case under the Administrative Procedures Act.
Previously, Public Act 27 stated that a member of the Legislature could not be made a party in a contested case, as defined in Section 3(3) of the Administrative Procedures Act (APA), or any other administrative proceeding for any act done by him or her pursuant to his or her duty as a legislator. Under the bill, a member of the Legislature may not be made a party to a contested case, as defined in Section 3 of the APA, or any other administrative proceeding for any act committed by the legislator while performing his or her duty as a legislator.
(Section 3 of the APA defines "contested case" as a proceeding, including rate-making, price-fixing, and licensing, in which a determination of the legal rights, duties, or privileges of a named party is required by law to be made by an agency after an opportunity for an evidentiary hearing.)
The bill took effect on December 8, 2011.
Legislative Analyst: Suzanne Lowe
FISCAL IMPACT
The bill will have no fiscal impact on State or local government.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.