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1 | AN ACT concerning budget implementation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||||
5 | Government Services Emergency Budget Implementation Act of | ||||||||||||||||||||||||||||||
6 | 2009. | ||||||||||||||||||||||||||||||
7 | Section 5. Legislative intent. The General Assembly hereby | ||||||||||||||||||||||||||||||
8 | finds and declares that the State is confronted with an | ||||||||||||||||||||||||||||||
9 | unprecedented fiscal crisis. This Act is to be liberally | ||||||||||||||||||||||||||||||
10 | construed and interpreted in a manner that allows the State to | ||||||||||||||||||||||||||||||
11 | address the fiscal crisis for the fiscal year ending June 30, | ||||||||||||||||||||||||||||||
12 | 2010. | ||||||||||||||||||||||||||||||
13 | Section 10. The Illinois Administrative Procedure Act is | ||||||||||||||||||||||||||||||
14 | amended by changing Section 5-45 and by adding Section 1-100 as | ||||||||||||||||||||||||||||||
15 | follows: | ||||||||||||||||||||||||||||||
16 | (5 ILCS 100/1-100 new) | ||||||||||||||||||||||||||||||
17 | Sec. 1-100. Suspension of existing rules. During the period | ||||||||||||||||||||||||||||||
18 | July 1, 2009 through June 30, 2010, a State agency shall not | ||||||||||||||||||||||||||||||
19 | enforce rules that implement or are authorized by a statute to | ||||||||||||||||||||||||||||||
20 | the extent that the duties under that statute have been | ||||||||||||||||||||||||||||||
21 | suspended by law by the General Assembly or by Executive Order |
| |||||||
| |||||||
1 | of the Governor during that same time period. If the suspension | ||||||
2 | of the duties under a statute is terminated or revoked during | ||||||
3 | the period July 1, 2009 through June 30, 2010, the State agency | ||||||
4 | shall enforce the rules upon the termination or revocation of | ||||||
5 | the suspension.
| ||||||
6 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
| ||||||
7 | Sec. 5-45. Emergency rulemaking.
| ||||||
8 | (a) "Emergency" means the existence of any situation that | ||||||
9 | any agency
finds reasonably constitutes a threat to the public | ||||||
10 | interest, safety, or
welfare.
| ||||||
11 | (b) If any agency finds that an
emergency exists that | ||||||
12 | requires adoption of a rule upon fewer days than
is required by | ||||||
13 | Section 5-40 and states in writing its reasons for that
| ||||||
14 | finding, the agency may adopt an emergency rule without prior | ||||||
15 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
16 | with the Secretary of
State under Section 5-70. The notice | ||||||
17 | shall include the text of the
emergency rule and shall be | ||||||
18 | published in the Illinois Register. Consent
orders or other | ||||||
19 | court orders adopting settlements negotiated by an agency
may | ||||||
20 | be adopted under this Section. Subject to applicable | ||||||
21 | constitutional or
statutory provisions, an emergency rule | ||||||
22 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
23 | at a stated date less than 10 days
thereafter. The agency's | ||||||
24 | finding and a statement of the specific reasons
for the finding | ||||||
25 | shall be filed with the rule. The agency shall take
reasonable |
| |||||||
| |||||||
1 | and appropriate measures to make emergency rules known to the
| ||||||
2 | persons who may be affected by them.
| ||||||
3 | (c) An emergency rule may be effective for a period of not | ||||||
4 | longer than
150 days, but the agency's authority to adopt an | ||||||
5 | identical rule under Section
5-40 is not precluded. No | ||||||
6 | emergency rule may be adopted more
than once in any 24 month | ||||||
7 | period, except that this limitation on the number
of emergency | ||||||
8 | rules that may be adopted in a 24 month period does not apply
| ||||||
9 | to (i) emergency rules that make additions to and deletions | ||||||
10 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
11 | Public Aid Code or the
generic drug formulary under Section | ||||||
12 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
13 | emergency rules adopted by the Pollution Control
Board before | ||||||
14 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
15 | Facilities Act, or (iii) emergency rules adopted by the | ||||||
16 | Illinois Department of Public Health under subsections (a) | ||||||
17 | through (i) of Section 2 of the Department of Public Health Act | ||||||
18 | when necessary to protect the public's health. Two or more | ||||||
19 | emergency rules having substantially the same
purpose and | ||||||
20 | effect shall be deemed to be a single rule for purposes of this
| ||||||
21 | Section.
| ||||||
22 | (d) In order to provide for the expeditious and timely | ||||||
23 | implementation
of the State's fiscal year 1999 budget, | ||||||
24 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
25 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
26 | may be adopted in
accordance with this Section by the agency |
| |||||||
| |||||||
1 | charged with administering that
provision or initiative, | ||||||
2 | except that the 24-month limitation on the adoption
of | ||||||
3 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
4 | do not apply
to rules adopted under this subsection (d). The | ||||||
5 | adoption of emergency rules
authorized by this subsection (d) | ||||||
6 | shall be deemed to be necessary for the
public interest, | ||||||
7 | safety, and welfare.
| ||||||
8 | (e) In order to provide for the expeditious and timely | ||||||
9 | implementation
of the State's fiscal year 2000 budget, | ||||||
10 | emergency rules to implement any
provision of this amendatory | ||||||
11 | Act of the 91st General Assembly
or any other budget initiative | ||||||
12 | for fiscal year 2000 may be adopted in
accordance with this | ||||||
13 | Section by the agency charged with administering that
provision | ||||||
14 | or initiative, except that the 24-month limitation on the | ||||||
15 | adoption
of emergency rules and the provisions of Sections | ||||||
16 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
17 | subsection (e). The adoption of emergency rules
authorized by | ||||||
18 | this subsection (e) shall be deemed to be necessary for the
| ||||||
19 | public interest, safety, and welfare.
| ||||||
20 | (f) In order to provide for the expeditious and timely | ||||||
21 | implementation
of the State's fiscal year 2001 budget, | ||||||
22 | emergency rules to implement any
provision of this amendatory | ||||||
23 | Act of the 91st General Assembly
or any other budget initiative | ||||||
24 | for fiscal year 2001 may be adopted in
accordance with this | ||||||
25 | Section by the agency charged with administering that
provision | ||||||
26 | or initiative, except that the 24-month limitation on the |
| |||||||
| |||||||
1 | adoption
of emergency rules and the provisions of Sections | ||||||
2 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
3 | subsection (f). The adoption of emergency rules
authorized by | ||||||
4 | this subsection (f) shall be deemed to be necessary for the
| ||||||
5 | public interest, safety, and welfare.
| ||||||
6 | (g) In order to provide for the expeditious and timely | ||||||
7 | implementation
of the State's fiscal year 2002 budget, | ||||||
8 | emergency rules to implement any
provision of this amendatory | ||||||
9 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
10 | for fiscal year 2002 may be adopted in
accordance with this | ||||||
11 | Section by the agency charged with administering that
provision | ||||||
12 | or initiative, except that the 24-month limitation on the | ||||||
13 | adoption
of emergency rules and the provisions of Sections | ||||||
14 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
15 | subsection (g). The adoption of emergency rules
authorized by | ||||||
16 | this subsection (g) shall be deemed to be necessary for the
| ||||||
17 | public interest, safety, and welfare.
| ||||||
18 | (h) In order to provide for the expeditious and timely | ||||||
19 | implementation
of the State's fiscal year 2003 budget, | ||||||
20 | emergency rules to implement any
provision of this amendatory | ||||||
21 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
22 | for fiscal year 2003 may be adopted in
accordance with this | ||||||
23 | Section by the agency charged with administering that
provision | ||||||
24 | or initiative, except that the 24-month limitation on the | ||||||
25 | adoption
of emergency rules and the provisions of Sections | ||||||
26 | 5-115 and 5-125 do not apply
to rules adopted under this |
| |||||||
| |||||||
1 | subsection (h). The adoption of emergency rules
authorized by | ||||||
2 | this subsection (h) shall be deemed to be necessary for the
| ||||||
3 | public interest, safety, and welfare.
| ||||||
4 | (i) In order to provide for the expeditious and timely | ||||||
5 | implementation
of the State's fiscal year 2004 budget, | ||||||
6 | emergency rules to implement any
provision of this amendatory | ||||||
7 | Act of the 93rd General Assembly
or any other budget initiative | ||||||
8 | for fiscal year 2004 may be adopted in
accordance with this | ||||||
9 | Section by the agency charged with administering that
provision | ||||||
10 | or initiative, except that the 24-month limitation on the | ||||||
11 | adoption
of emergency rules and the provisions of Sections | ||||||
12 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
13 | subsection (i). The adoption of emergency rules
authorized by | ||||||
14 | this subsection (i) shall be deemed to be necessary for the
| ||||||
15 | public interest, safety, and welfare.
| ||||||
16 | (j) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of the State's fiscal year | ||||||
18 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
19 | Implementation (Human Services) Act, emergency rules to | ||||||
20 | implement any provision of the Fiscal Year 2005 Budget | ||||||
21 | Implementation (Human Services) Act may be adopted in | ||||||
22 | accordance with this Section by the agency charged with | ||||||
23 | administering that provision, except that the 24-month | ||||||
24 | limitation on the adoption of emergency rules and the | ||||||
25 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
26 | adopted under this subsection (j). The Department of Public Aid |
| |||||||
| |||||||
1 | may also adopt rules under this subsection (j) necessary to | ||||||
2 | administer the Illinois Public Aid Code and the Children's | ||||||
3 | Health Insurance Program Act. The adoption of emergency rules | ||||||
4 | authorized by this subsection (j) shall be deemed to be | ||||||
5 | necessary for the public interest, safety, and welfare.
| ||||||
6 | (k) In order to provide for the expeditious and timely | ||||||
7 | implementation of the provisions of the State's fiscal year | ||||||
8 | 2006 budget, emergency rules to implement any provision of this | ||||||
9 | amendatory Act of the 94th General Assembly or any other budget | ||||||
10 | initiative for fiscal year 2006 may be adopted in accordance | ||||||
11 | with this Section by the agency charged with administering that | ||||||
12 | provision or initiative, except that the 24-month limitation on | ||||||
13 | the adoption of emergency rules and the provisions of Sections | ||||||
14 | 5-115 and 5-125 do not apply to rules adopted under this | ||||||
15 | subsection (k). The Department of Healthcare and Family | ||||||
16 | Services may also adopt rules under this subsection (k) | ||||||
17 | necessary to administer the Illinois Public Aid Code, the | ||||||
18 | Senior Citizens and Disabled Persons Property Tax Relief and | ||||||
19 | Pharmaceutical Assistance Act, the Senior Citizens and | ||||||
20 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
21 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
22 | Children's Health Insurance Program Act. The adoption of | ||||||
23 | emergency rules authorized by this subsection (k) shall be | ||||||
24 | deemed to be necessary for the public interest, safety, and | ||||||
25 | welfare.
| ||||||
26 | (l) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of the
State's fiscal year | ||||||
2 | 2007 budget, the Department of Healthcare and Family Services | ||||||
3 | may adopt emergency rules during fiscal year 2007, including | ||||||
4 | rules effective July 1, 2007, in
accordance with this | ||||||
5 | subsection to the extent necessary to administer the | ||||||
6 | Department's responsibilities with respect to amendments to | ||||||
7 | the State plans and Illinois waivers approved by the federal | ||||||
8 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
9 | requirements of Title XIX and Title XXI of the federal Social | ||||||
10 | Security Act. The adoption of emergency rules
authorized by | ||||||
11 | this subsection (l) shall be deemed to be necessary for the | ||||||
12 | public interest,
safety, and welfare.
| ||||||
13 | (m) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the
State's fiscal year | ||||||
15 | 2008 budget, the Department of Healthcare and Family Services | ||||||
16 | may adopt emergency rules during fiscal year 2008, including | ||||||
17 | rules effective July 1, 2008, in
accordance with this | ||||||
18 | subsection to the extent necessary to administer the | ||||||
19 | Department's responsibilities with respect to amendments to | ||||||
20 | the State plans and Illinois waivers approved by the federal | ||||||
21 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
22 | requirements of Title XIX and Title XXI of the federal Social | ||||||
23 | Security Act. The adoption of emergency rules
authorized by | ||||||
24 | this subsection (m) shall be deemed to be necessary for the | ||||||
25 | public interest,
safety, and welfare.
| ||||||
26 | (n) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the State's fiscal year 2010 budget, | ||||||
2 | emergency rules to implement any provision of this amendatory | ||||||
3 | Act of the 96th General Assembly or any other budget initiative | ||||||
4 | for fiscal year 2010 may be adopted in accordance with this | ||||||
5 | Section by the agency charged with administering that provision | ||||||
6 | or initiative, except that the 24-month limitation on the | ||||||
7 | adoption of emergency rules and the provisions of Sections | ||||||
8 | 5-115 and 5-125 do not apply to rules adopted under this | ||||||
9 | subsection (n). The adoption of emergency rules authorized by | ||||||
10 | this subsection (n) shall be deemed to be necessary for the | ||||||
11 | public interest, safety, and welfare. | ||||||
12 | (Source: P.A. 94-48, eff. 7-1-05; 94-838, eff. 6-6-06; 95-12, | ||||||
13 | eff. 7-2-07; 95-331, eff. 8-21-07.)
| ||||||
14 | Section 15. The Department of Central Management Services | ||||||
15 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
16 | changing Section 405-105 as follows:
| ||||||
17 | (20 ILCS 405/405-105) (was 20 ILCS 405/64.1)
| ||||||
18 | Sec. 405-105. Fidelity, surety, property, and casualty | ||||||
19 | insurance. The Department
shall establish and implement a | ||||||
20 | program to coordinate
the handling of all fidelity, surety, | ||||||
21 | property, and casualty insurance
exposures of the State and the | ||||||
22 | departments, divisions, agencies,
branches,
and universities | ||||||
23 | of the State. In performing this responsibility, the
Department | ||||||
24 | shall have the power and duty to do the following:
|
| |||||||
| |||||||
1 | (1) Develop and maintain loss and exposure data on all | ||||||
2 | State
property.
| ||||||
3 | (2) Study the feasibility of establishing a self-insurance | ||||||
4 | plan
for
State property and prepare estimates of the costs of | ||||||
5 | reinsurance for
risks beyond the realistic limits of the | ||||||
6 | self-insurance.
| ||||||
7 | (3) Prepare a plan for centralizing the purchase of | ||||||
8 | property and
casualty insurance on State property under a | ||||||
9 | master policy or policies
and purchase the insurance contracted | ||||||
10 | for as provided in the
Illinois Purchasing Act.
| ||||||
11 | (4) Evaluate existing provisions for fidelity bonds | ||||||
12 | required of
State employees and recommend changes that are | ||||||
13 | appropriate
commensurate with risk experience and the | ||||||
14 | determinations respecting
self-insurance or reinsurance so as | ||||||
15 | to permit reduction of costs without
loss of coverage.
| ||||||
16 | (5) Investigate procedures for inclusion of school | ||||||
17 | districts,
public community
college districts, and other units | ||||||
18 | of local government in programs for
the centralized purchase of | ||||||
19 | insurance.
| ||||||
20 | (6) Implement recommendations of the State Property
| ||||||
21 | Insurance
Study Commission that the Department finds necessary | ||||||
22 | or desirable in
the
performance of its powers and duties under | ||||||
23 | this Section to achieve
efficient and comprehensive risk | ||||||
24 | management.
| ||||||
25 | (7) Prepare and, in the discretion of the Director, | ||||||
26 | implement a plan providing for the purchase of public
liability |
| |||||||
| |||||||
1 | insurance or for self-insurance for public liability or for a
| ||||||
2 | combination of purchased insurance and self-insurance for | ||||||
3 | public
liability (i) covering the State and drivers of motor | ||||||
4 | vehicles
owned,
leased, or controlled by the State of Illinois | ||||||
5 | pursuant to the provisions
and limitations contained in the | ||||||
6 | Illinois Vehicle Code, (ii)
covering
other public liability | ||||||
7 | exposures of the State and its employees within
the scope of | ||||||
8 | their employment, and (iii) covering drivers of motor
vehicles | ||||||
9 | not owned, leased, or controlled by the State but used by a
| ||||||
10 | State employee on State business, in excess of liability | ||||||
11 | covered by an
insurance policy obtained by the owner of the | ||||||
12 | motor vehicle or in
excess of the dollar amounts that the | ||||||
13 | Department shall
determine to be
reasonable. Any contract of | ||||||
14 | insurance let under this Law shall be
by
bid in accordance with | ||||||
15 | the procedure set forth in the Illinois
Purchasing Act. Any | ||||||
16 | provisions for self-insurance shall conform to
subdivision | ||||||
17 | (11).
| ||||||
18 | The term "employee" as used in this subdivision (7) and in | ||||||
19 | subdivision
(11)
means a person while in the employ of the | ||||||
20 | State who is a member of the
staff or personnel of a State | ||||||
21 | agency, bureau, board, commission,
committee, department, | ||||||
22 | university, or college or who is a State officer,
elected | ||||||
23 | official, commissioner, member of or ex officio member of a
| ||||||
24 | State agency, bureau, board, commission, committee, | ||||||
25 | department,
university, or college, or a member of the National | ||||||
26 | Guard while on active
duty pursuant to orders of the Governor |
| |||||||
| |||||||
1 | of the State of Illinois, or any
other person while using a | ||||||
2 | licensed motor vehicle owned, leased, or
controlled by the | ||||||
3 | State of Illinois with the authorization of the State
of | ||||||
4 | Illinois, provided the actual use of the motor vehicle is
| ||||||
5 | within the scope of that
authorization and within the course of | ||||||
6 | State service.
| ||||||
7 | Subsequent to payment of a claim on behalf of an employee | ||||||
8 | pursuant to this
Section and after reasonable advance written | ||||||
9 | notice to the employee, the
Director may exclude the employee | ||||||
10 | from future coverage or limit the
coverage under the plan if | ||||||
11 | (i) the Director determines that the
claim
resulted from an | ||||||
12 | incident in which the employee was grossly negligent or
had | ||||||
13 | engaged in willful and wanton misconduct or (ii) the
Director
| ||||||
14 | determines that the employee is no longer an acceptable risk | ||||||
15 | based on a
review of prior accidents in which the employee was | ||||||
16 | at fault and for which
payments were made pursuant to this | ||||||
17 | Section.
| ||||||
18 | The Director is authorized to
promulgate administrative | ||||||
19 | rules that may be necessary to
establish and
administer the | ||||||
20 | plan.
| ||||||
21 | Appropriations from the Road Fund shall be used to pay auto | ||||||
22 | liability claims
and related expenses involving employees of | ||||||
23 | the Department of Transportation,
the Illinois State Police, | ||||||
24 | and the Secretary of State.
| ||||||
25 | (8) Charge, collect, and receive from all other agencies of
| ||||||
26 | the State
government fees or monies equivalent to the cost of |
| |||||||
| |||||||
1 | purchasing the insurance.
| ||||||
2 | (9) Establish, through the Director, charges for risk
| ||||||
3 | management
services
rendered to State agencies by the | ||||||
4 | Department.
The State agencies so charged shall reimburse the | ||||||
5 | Department by vouchers drawn
against their respective
| ||||||
6 | appropriations. The reimbursement shall be determined by the | ||||||
7 | Director as
amounts sufficient to reimburse the Department
for | ||||||
8 | expenditures incurred in rendering the service.
| ||||||
9 | The Department shall charge the
employing State agency or | ||||||
10 | university for workers' compensation payments for
temporary | ||||||
11 | total disability paid to any employee after the employee has
| ||||||
12 | received temporary total disability payments for 120 days if | ||||||
13 | the employee's
treating physician has issued a release to | ||||||
14 | return to work with restrictions
and the employee is able to | ||||||
15 | perform modified duty work but the employing
State agency or
| ||||||
16 | university does not return the employee to work at modified | ||||||
17 | duty. Modified
duty shall be duties assigned that may or may | ||||||
18 | not be delineated
as part of the duties regularly performed by | ||||||
19 | the employee. Modified duties
shall be assigned within the | ||||||
20 | prescribed restrictions established by the
treating physician | ||||||
21 | and the physician who performed the independent medical
| ||||||
22 | examination. The amount of all reimbursements
shall be | ||||||
23 | deposited into the Workers' Compensation Revolving Fund which | ||||||
24 | is
hereby created as a revolving fund in the State treasury. In | ||||||
25 | addition to any other purpose authorized by law, moneys in the | ||||||
26 | Fund
shall be used, subject to appropriation, to pay these or |
| |||||||
| |||||||
1 | other temporary
total disability claims of employees of State | ||||||
2 | agencies and universities.
| ||||||
3 | Beginning with fiscal year 1996, all amounts recovered by | ||||||
4 | the
Department through subrogation in workers' compensation | ||||||
5 | and workers'
occupational disease cases shall be
deposited into | ||||||
6 | the Workers' Compensation Revolving Fund created under
this | ||||||
7 | subdivision (9).
| ||||||
8 | (10) Establish rules, procedures, and forms to be used by
| ||||||
9 | State agencies
in the administration and payment of workers' | ||||||
10 | compensation claims.
The Department shall initially evaluate | ||||||
11 | and determine the compensability of
any injury that is
the | ||||||
12 | subject of a workers' compensation claim and provide for the
| ||||||
13 | administration and payment of such a claim for all State | ||||||
14 | agencies. The
Director may delegate to any agency with the | ||||||
15 | agreement of the agency head
the responsibility for evaluation, | ||||||
16 | administration, and payment of that
agency's claims.
| ||||||
17 | (11) Any plan for public liability self-insurance | ||||||
18 | implemented
under this
Section shall provide that (i) the | ||||||
19 | Department
shall attempt to settle and may settle any public | ||||||
20 | liability claim filed
against the State of Illinois or any | ||||||
21 | public liability claim filed
against a State employee on the | ||||||
22 | basis of an occurrence in the course of
the employee's State | ||||||
23 | employment; (ii) any settlement of
such a claim is not subject | ||||||
24 | to fiscal year limitations and must be
approved by the Director | ||||||
25 | and, in cases of
settlements exceeding $100,000, by the | ||||||
26 | Governor; and (iii) a
settlement of
any public liability claim |
| |||||||
| |||||||
1 | against the State or a State employee shall
require an | ||||||
2 | unqualified release of any right of action against the State
| ||||||
3 | and the employee for acts within the scope of the employee's | ||||||
4 | employment
giving rise to the claim.
| ||||||
5 | Whenever and to the extent that a State
employee operates a | ||||||
6 | motor vehicle or engages in other activity covered
by | ||||||
7 | self-insurance under this Section, the State of Illinois shall
| ||||||
8 | defend, indemnify, and hold harmless the employee against any | ||||||
9 | claim in
tort filed against the employee for acts or omissions | ||||||
10 | within the scope
of the employee's employment in any proper | ||||||
11 | judicial forum and not
settled pursuant
to this subdivision | ||||||
12 | (11), provided that this obligation of
the State of
Illinois | ||||||
13 | shall not exceed a maximum liability of $2,000,000 for any
| ||||||
14 | single occurrence in connection with the operation of a motor | ||||||
15 | vehicle or
$100,000 per person per occurrence for any other | ||||||
16 | single occurrence,
or $500,000 for any single occurrence in | ||||||
17 | connection with the provision of
medical care by a licensed | ||||||
18 | physician employee.
| ||||||
19 | Any
claims against the State of Illinois under a | ||||||
20 | self-insurance plan that
are not settled pursuant to this | ||||||
21 | subdivision (11) shall be
heard and
determined by the Court of | ||||||
22 | Claims and may not be filed or adjudicated
in any other forum. | ||||||
23 | The Attorney General of the State of Illinois or
the Attorney | ||||||
24 | General's designee shall be the attorney with respect
to all | ||||||
25 | public liability
self-insurance claims that are not settled | ||||||
26 | pursuant to this
subdivision (11)
and therefore result in |
| |||||||
| |||||||
1 | litigation. The payment of any award of the
Court of Claims | ||||||
2 | entered against the State relating to any public
liability | ||||||
3 | self-insurance claim shall act as a release against any State
| ||||||
4 | employee involved in the occurrence.
| ||||||
5 | (12) Administer a plan the purpose of which is to make | ||||||
6 | payments
on final
settlements or final judgments in accordance | ||||||
7 | with the State Employee
Indemnification Act. The plan shall be | ||||||
8 | funded through appropriations from the
General Revenue Fund | ||||||
9 | specifically designated for that purpose, except that
| ||||||
10 | indemnification expenses for employees of the Department of | ||||||
11 | Transportation,
the Illinois State Police, and the Secretary of | ||||||
12 | State
shall be paid
from the Road
Fund. The term "employee" as | ||||||
13 | used in this subdivision (12) has the same
meaning as under | ||||||
14 | subsection (b) of Section 1 of the State Employee
| ||||||
15 | Indemnification Act. Subject to sufficient appropriation, the | ||||||
16 | Director shall approve payment of any claim , without regard to | ||||||
17 | fiscal year limitations, presented to
the Director
that is | ||||||
18 | supported by a final settlement or final judgment when the | ||||||
19 | Attorney
General and the chief officer of the public body | ||||||
20 | against whose employee the
claim or cause of action is asserted | ||||||
21 | certify to the Director that
the claim is in
accordance with | ||||||
22 | the State Employee Indemnification Act and that they
approve
of | ||||||
23 | the payment. In no event shall an amount in excess of $150,000 | ||||||
24 | be paid from
this plan to or for the benefit of any claimant.
| ||||||
25 | (13) Administer a plan the purpose of which is to make | ||||||
26 | payments
on final
settlements or final judgments for employee |
| |||||||
| |||||||
1 | wage claims in situations where
there was an appropriation | ||||||
2 | relevant to the wage claim, the fiscal year
and lapse period | ||||||
3 | have expired, and sufficient funds were available
to
pay the | ||||||
4 | claim. The plan shall be funded through
appropriations from the | ||||||
5 | General Revenue Fund specifically designated for
that purpose.
| ||||||
6 | Subject to sufficient appropriation, the Director is | ||||||
7 | authorized to pay any wage claim presented to the
Director
that | ||||||
8 | is supported by a final settlement or final judgment when the | ||||||
9 | chief
officer of the State agency employing the claimant | ||||||
10 | certifies to the
Director that
the claim is a valid wage claim | ||||||
11 | and that the fiscal year and lapse period
have expired. Payment | ||||||
12 | for claims that are properly submitted and certified
as valid | ||||||
13 | by the Director
shall include interest accrued at the rate of | ||||||
14 | 7% per annum from the
forty-fifth day after the claims are | ||||||
15 | received by the Department or 45 days from the date on which | ||||||
16 | the amount of payment
is agreed upon, whichever is later, until | ||||||
17 | the date the claims are submitted
to the Comptroller for | ||||||
18 | payment. When the Attorney General has filed an
appearance in | ||||||
19 | any proceeding concerning a wage claim settlement or
judgment, | ||||||
20 | the Attorney General shall certify to the Director that the | ||||||
21 | wage claim is valid before any payment is
made. In no event | ||||||
22 | shall an amount in excess of $150,000 be paid from this
plan to | ||||||
23 | or for the benefit of any claimant.
| ||||||
24 | Nothing in Public Act 84-961 shall be construed to affect | ||||||
25 | in any manner the jurisdiction of the
Court of Claims | ||||||
26 | concerning wage claims made against the State of Illinois.
|
| |||||||
| |||||||
1 | (14) Prepare and, in the discretion of the Director, | ||||||
2 | implement a program for
self-insurance for official
fidelity | ||||||
3 | and surety bonds for officers and employees as authorized by | ||||||
4 | the
Official Bond Act.
| ||||||
5 | (Source: P.A. 93-839, eff. 7-30-04.)
| ||||||
6 | (30 ILCS 608/Act rep.)
| ||||||
7 | Section 90. The State Facilities Closure Act is repealed.
| ||||||
8 | Section 97. Severability. The provisions of this Act are | ||||||
9 | severable under Section 1.31 of the Statute on Statutes. | ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law. |