HB2976ham001 101ST GENERAL ASSEMBLY

Rep. Frances Ann Hurley

Filed: 3/20/2019

10100HB2976ham001 LRB101 09836 RPS 57925 a

AMENDMENT TO HOUSE BILL 2976

AMENDMENT NO. ______. Amend House Bill 2976 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Pension Code is amended by changing Section 22-306 as follows:

(40 ILCS 5/22-306) (from Ch. 108 1/2, par. 22-306)

Sec. 22-306. The corporate authorities of any city or the village may provide by ordinance that in case of an accident resulting in an injury to or death of a policeman or fireman in the employ of such city or village while in the performance of his duties, the officer at the head of the department or such other officer as may be designated may secure and provide proper medical care and hospital treatment for any such policeman or fireman. The city or village may incur the expense aforesaid and appropriate and pay for the same; however, a city with a population of 1,000,000 or more shall incur the expense aforesaid and appropriate and pay for the same, unless and until there is a final determination made that the accident resulting in the injury or death of the policeman or fireman did not occur while in the performance of his or her duties.

For a city with a population of 1,000,000 or more, if there is a final determination made that the accident resulting in the injury or death of the policeman or fireman in its employ was not in the performance of his or her duties, the city may recover expenses paid under this Section from the policeman or fireman, the policeman's or fireman's health plan, or any other appropriate source as if the accident was initially not deemed to be in the performance of the policeman's or fireman's duties.

If any such accident shall be due to the negligence of some person or corporation that would be liable in damages therefor, the city or village may recover any expense of medical care and hospital treatment expended by it from the person or corporation liable.

The corporate authorities of any city or village may provide by ordinance for the payment by said city or village of all or any part of the cost of a hospital plan or medical-surgical plan, or both, for the dependents of any policeman or fireman killed in the line of duty or who dies as the result of duty connected injuries, and for any policeman or fireman and his dependents, provided his retirement is caused by a duty injury or occupational disease disability and for any policeman and fireman and his dependents, provided he has reached compulsory retirement age or has served in the employ of the city or village for at least 20 years. "Dependent" as used in this paragraph shall mean the wife of the policeman or fireman and his minor children less than 20 years of age and living at home and dependent on the policeman or fireman for support.

This amendatory Act of 1971 does not apply to any city or village which is a home rule unit.

(Source: P.A. 77-754.)

Section 90. The State Mandates Act is amended by adding Section 8.43 as follows:

(30 ILCS 805/8.43 new)

Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 101st General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.".