Illinois General Assembly - Full Text of HB3214
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Full Text of HB3214  93rd General Assembly

HB3214 93rd General Assembly


093_HB3214

 
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 1        AN ACT concerning State employees.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  State  Employee Indemnification Act is
 5    amended by changing Sections 1 and 2 as follows:

 6        (5 ILCS 350/1) (from Ch. 127, par. 1301)
 7        Sec. 1.  Definitions.  For the purpose of this Act:
 8        (a)  The term "State" means the State  of  Illinois,  the
 9    General Assembly, the court, or any State office, department,
10    division,   bureau,  board,  commission,  or  committee,  the
11    governing  boards  of  the  public  institutions  of   higher
12    education  created by the State, the Illinois National Guard,
13    the Comprehensive Health Insurance Board, any poison  control
14    center  designated  under  the Poison Control System Act that
15    receives   State   funding,   or   any   other   agency    or
16    instrumentality  of  the  State.   It does not mean any local
17    public entity as that term is defined in Section 1-206 of the
18    Local Governmental and Governmental Employees  Tort  Immunity
19    Act or a pension fund.
20        (b)  The  term  "employee"  means  any  present or former
21    elected or appointed officer,  trustee  or  employee  of  the
22    State,  or of a pension fund, any present or former member of
23    the Illinois National Guard while on active duty, individuals
24    or  organizations  who  contract  with  the   Department   of
25    Corrections, the Comprehensive Health Insurance Board, or the
26    Department   of   Veterans'   Affairs  to  provide  services,
27    individuals or organizations who contract with the Department
28    of Human Services (as successor to the Department  of  Mental
29    Health  and  Developmental  Disabilities) to provide services
30    including but not limited to treatment and other services for
31    sexually violent persons, individuals  or  organizations  who
 
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 1    contract  with  the  Department of Military Affairs for youth
 2    programs,  individuals  or  organizations  who  contract   to
 3    perform  carnival  and  amusement ride safety inspections for
 4    the Department of Labor,  individual  representatives  of  or
 5    designated  organizations  authorized to represent the Office
 6    of State Long-Term Ombudsman for  the  Department  on  Aging,
 7    individual  representatives of or organizations designated by
 8    the Department on Aging in the performance of their duties as
 9    elder abuse  provider  agencies  or  regional  administrative
10    agencies  under  the Elder Abuse and Neglect Act, individuals
11    or organizations  who  perform  volunteer  services  for  the
12    State,  including,  without  limitation,  State universities,
13    where such volunteer  relationship  is  reduced  to  writing,
14    individuals  who  serve on any public entity (whether created
15    by law or administrative action) described in  paragraph  (a)
16    of  this Section, individuals or not for profit organizations
17    who, either as volunteers, where such volunteer  relationship
18    is  reduced  to  writing,  or  pursuant  to contract, furnish
19    professional  advice  or  consultation  to  any   agency   or
20    instrumentality of the State, individuals who serve as foster
21    parents  for  the  Department of Children and Family Services
22    when caring for a Department ward, and individuals who  serve
23    as arbitrators pursuant to Part 10A of Article II of the Code
24    of  Civil  Procedure  and  the  rules  of  the  Supreme Court
25    implementing Part 10A, each as now or hereafter amended,  but
26    does not mean an independent contractor except as provided in
27    this Section. The term includes an individual appointed as an
28    inspector  by  the  Director  of State Police when performing
29    duties within the scope of the activities of  a  Metropolitan
30    Enforcement   Group   or   a   law  enforcement  organization
31    established under the Intergovernmental Cooperation  Act.  An
32    individual  who  renders professional advice and consultation
33    to the State through an organization which  qualifies  as  an
34    "employee"  under  the  Act  is  also  an  employee. The term
 
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 1    includes  the  estate  or  personal  representative   of   an
 2    employee.
 3        (c)  The term "pension fund" means a retirement system or
 4    pension fund created under the Illinois Pension Code.
 5    (Source: P.A. 90-793, eff. 8-14-98; 91-726, eff. 6-2-00.)

 6        (5 ILCS 350/2) (from Ch. 127, par. 1302)
 7        Sec.  2.   Representation  and  indemnification  of State
 8    employees.
 9        (a)  In the event that any civil proceeding is  commenced
10    against any State employee arising out of any act or omission
11    occurring   within   the   scope   of  the  employee's  State
12    employment, the  Attorney  General  shall,  upon  timely  and
13    appropriate  notice to him by such employee, appear on behalf
14    of such employee and defend the action.  In  the  event  that
15    any  civil  proceeding is commenced against any physician who
16    is an employee  of  the  Department  of  Corrections  or  the
17    Department  of  Human Services (in a position relating to the
18    Department's mental  health  and  developmental  disabilities
19    functions) alleging death or bodily injury or other injury to
20    the  person of the complainant resulting from and arising out
21    of any act or omission occurring on or after December 3, 1977
22    within the scope  of  the  employee's  State  employment,  or
23    against any physician who is an employee of the Department of
24    Veterans'  Affairs  alleging  death or bodily injury or other
25    injury to the person of the complainant  resulting  from  and
26    arising  out of any act or omission occurring on or after the
27    effective date of this amendatory  Act  of  1988  within  the
28    scope  of  the  employee's  State employment, or in the event
29    that any civil proceeding is commenced against  any  attorney
30    who  is  an employee of the State Appellate Defender alleging
31    legal malpractice or for other  damages  resulting  from  and
32    arising  out  of  any  legal  act or omission occurring on or
33    after December 3, 1977, within the scope  of  the  employee's
 
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 1    State  employment,  or in the event that any civil proceeding
 2    is commenced  against  any  individual  or  organization  who
 3    contracts with the Department of Labor to provide services as
 4    a  carnival  and  amusement  ride  safety  inspector alleging
 5    malpractice, death or bodily injury or other  injury  to  the
 6    person  arising  out  of  any act or omission occurring on or
 7    after May 1, 1985, within the scope of that employee's  State
 8    employment,  the  Attorney  General  shall,  upon  timely and
 9    appropriate notice to him by such employee, appear on  behalf
10    of  such  employee  and  defend  the action.  Any such notice
11    shall be in writing, shall be mailed within 15 days after the
12    date of receipt by the employee of service  of  process,  and
13    shall  authorize the Attorney General to represent and defend
14    the employee in the proceeding.  The giving of this notice to
15    the Attorney General shall constitute  an  agreement  by  the
16    State  employee to cooperate with the Attorney General in his
17    defense of the action and a consent that the Attorney General
18    shall conduct the defense as he deems advisable  and  in  the
19    best  interests  of the employee, including settlement in the
20    Attorney General's discretion.  In any such  proceeding,  the
21    State  shall  pay  the court costs and litigation expenses of
22    defending such action, to the extent approved by the Attorney
23    General as reasonable, as they are incurred.
24        (b)  In the event that the  Attorney  General  determines
25    that  so  appearing  and  defending  an  employee  either (1)
26    involves an actual or potential conflict of interest, or  (2)
27    that the act or omission which gave rise to the claim was not
28    within  the  scope  of the employee's State employment or was
29    intentional,  wilful  or  wanton  misconduct,  the   Attorney
30    General shall decline in writing to appear or defend or shall
31    promptly  take appropriate action to withdraw as attorney for
32    such employee.  Upon receipt of such declination or upon such
33    withdrawal by the Attorney General on the basis of an  actual
34    or  potential  conflict  of  interest, the State employee may
 
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 1    employ his own attorney to appear and defend, in which  event
 2    the  State  shall  pay the employee's court costs, litigation
 3    expenses and attorneys' fees to the extent  approved  by  the
 4    Attorney General as reasonable, as they are incurred.  In the
 5    event  that  the  Attorney  General  declines  to  appear  or
 6    withdraws  on  the  grounds  that the act or omission was not
 7    within the scope of employment, or was intentional, wilful or
 8    wanton misconduct, and a court or jury finds that the act  or
 9    omission  of  the  State  employee  was  within  the scope of
10    employment  and  was  not  intentional,  wilful   or   wanton
11    misconduct,  the State shall indemnify the State employee for
12    any damages awarded  and  court  costs  and  attorneys'  fees
13    assessed  as  part  of any final and unreversed judgment.  In
14    such event the State shall  also  pay  the  employee's  court
15    costs,  litigation expenses and attorneys' fees to the extent
16    approved by the Attorney General as reasonable.
17        In the event that the defendant in the proceeding  is  an
18    elected  State  official,  including  members  of the General
19    Assembly, the elected State official may retain  his  or  her
20    attorney,  provided  that  said  attorney shall be reasonably
21    acceptable to the Attorney General.  In such case  the  State
22    shall   pay   the   elected  State  official's  court  costs,
23    litigation expenses,  and  attorneys'  fees,  to  the  extent
24    approved  by  the Attorney General as reasonable, as they are
25    incurred.
26        (b-5)  The Attorney General may file  a  counterclaim  on
27    behalf of a State employee, provided:
28             (1)  the  Attorney General determines that the State
29        employee is entitled to representation in a civil  action
30        under this Section;
31             (2)  the  counterclaim  arises  out  of  any  act or
32        omission occurring within the  scope  of  the  employee's
33        State employment that is the subject of the civil action;
34        and
 
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 1             (3)  the employee agrees in writing that if judgment
 2        is  entered  in  favor of the employee, the amount of the
 3        judgment shall be applied to offset any judgment that may
 4        be entered  in  favor  of  the  plaintiff,  and  then  to
 5        reimburse   the   State  treasury  for  court  costs  and
 6        litigation expenses required to pursue the  counterclaim.
 7        The  balance  of  the collected judgment shall be paid to
 8        the State employee.
 9        (c)  Notwithstanding any other provision of this Section,
10    representation and indemnification of a judge under this  Act
11    shall  also be provided in any case where the plaintiff seeks
12    damages or any equitable relief as a result of any  decision,
13    ruling  or  order of a judge made in the course of his or her
14    judicial or administrative  duties,  without  regard  to  the
15    theory    of    recovery    employed    by   the   plaintiff.
16    Indemnification shall be for  all  damages  awarded  and  all
17    court  costs,  attorney fees and litigation expenses assessed
18    against the judge. When a judge has been convicted of a crime
19    as a result of his or her intentional judicial misconduct  in
20    a  trial, that judge shall not be entitled to indemnification
21    and  representation  under  this  subsection  in   any   case
22    maintained  by  a  party who seeks damages or other equitable
23    relief as a direct result of the judge's intentional judicial
24    misconduct.
25        (d)  In any such proceeding where  notice  in  accordance
26    with  this  Section  has  been given to the Attorney General,
27    unless the court or jury finds that the conduct  or  inaction
28    which  gave  rise  to  the  claim  or  cause  of  action  was
29    intentional, wilful or wanton misconduct and was not intended
30    to  serve  or benefit interests of the State, the State shall
31    indemnify the State employee  for  any  damages  awarded  and
32    court costs and attorneys' fees assessed as part of any final
33    and  unreversed judgment, or shall pay such judgment.  Unless
34    the Attorney General determines that the conduct or  inaction
 
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 1    which  gave  rise  to  the  claim  or  cause  of  action  was
 2    intentional, wilful or wanton misconduct and was not intended
 3    to  serve  or benefit interests of the State, which includes,
 4    without  limitation,  all  the   educational,   experiential,
 5    recreational,  cultural,  teaching,  research,  service,  and
 6    extension  interests  of  State universities, 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. 90-655, eff. 7-30-98; 91-781, eff. 6-9-00.)

29        Section  10.   The  Department  of   Central   Management
30    Services  Law of the Civil Administrative Code of Illinois is
31    amended by changing Section 405-105 as follows:

32        (20 ILCS 405/405-105) (was 20 ILCS 405/64.1)
 
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 1        Sec. 405-105.  Fidelity, surety, property,  and  casualty
 2    insurance.  The  Department  shall  establish and implement a
 3    program to coordinate the handling of all  fidelity,  surety,
 4    property,  and  casualty insurance exposures of the State and
 5    the   departments,   divisions,   agencies,   branches,   and
 6    universities   of   the   State.     In    performing    this
 7    responsibility,  the Department shall have the power and duty
 8    to do the following:
 9        (1)  Develop and maintain loss and exposure data  on  all
10    State property.
11        (2)  Study    the    feasibility    of   establishing   a
12    self-insurance plan for State property and prepare  estimates
13    of  the  costs  of reinsurance for risks beyond the realistic
14    limits of the self-insurance.
15        (3)  Prepare a plan  for  centralizing  the  purchase  of
16    property  and  casualty  insurance  on State property under a
17    master  policy  or  policies  and  purchase   the   insurance
18    contracted for as provided in the Illinois Purchasing Act.
19        (4)  Evaluate  existing  provisions  for  fidelity  bonds
20    required  of  State  employees and recommend changes that are
21    appropriate  commensurate  with  risk  experience   and   the
22    determinations respecting self-insurance or reinsurance so as
23    to permit reduction of costs without loss of coverage.
24        (5)  Investigate   procedures  for  inclusion  of  school
25    districts, public  community  college  districts,  and  other
26    units  of  local  government  in programs for the centralized
27    purchase of insurance.
28        (6)  Implement  recommendations  of  the  State  Property
29    Insurance  Study  Commission  that   the   Department   finds
30    necessary  or  desirable in the performance of its powers and
31    duties  under  this  Section   to   achieve   efficient   and
32    comprehensive risk management.
33        (7)  Prepare  and,  in  the  discretion  of the Director,
34    implement a   plan  providing  for  the  purchase  of  public
 
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 1    liability   insurance   or   for  self-insurance  for  public
 2    liability or for a combination of  purchased   insurance  and
 3    self-insurance  for  public  liability (i) covering the State
 4    and drivers of motor vehicles owned, leased, or controlled by
 5    the  State  of  Illinois  pursuant  to  the  provisions   and
 6    limitations  contained  in  the  Illinois  Vehicle Code, (ii)
 7    covering other public liability exposures of  the  State  and
 8    its employees within the scope of their employment, and (iii)
 9    covering  drivers  of  motor  vehicles  not owned, leased, or
10    controlled by the State but used by a State employee on State
11    business, including, without limitation,  traditional  credit
12    and    non-credit    programs,    extension   services,   and
13    institutionally-approved activities  and  services  of  State
14    universities,  in excess of liability covered by an insurance
15    policy obtained by the owner  of  the  motor  vehicle  or  in
16    excess  of  the  dollar  amounts  that  the  Department shall
17    determine to be reasonable.  Any contract  of  insurance  let
18    under  this  Law  shall  be  by  bid  in  accordance with the
19    procedure set forth in  the  Illinois  Purchasing  Act.   Any
20    provisions  for  self-insurance  shall conform to subdivision
21    (11).
22        The term "employee" as used in this subdivision  (7)  and
23    in subdivision (11) means a person while in the employ of the
24    State  who  is  a member of the staff or personnel of a State
25    agency, bureau,  board,  commission,  committee,  department,
26    university,  or  college  or  who is a State officer, elected
27    official, commissioner, member of or ex officio member  of  a
28    State   agency,   bureau,   board,   commission,   committee,
29    department,  university,  or  college,  or  a  member  of the
30    National Guard while on active duty pursuant to orders of the
31    Governor of the State of Illinois, or any other person  while
32    using  a  licensed motor vehicle owned, leased, or controlled
33    by the State of Illinois with the authorization of the  State
34    of  Illinois, provided the actual use of the motor vehicle is
 
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 1    within the scope of that authorization and within the  course
 2    of State service.
 3        Subsequent to payment of a claim on behalf of an employee
 4    pursuant to this Section and after reasonable advance written
 5    notice to the employee, the Director may exclude the employee
 6    from  future coverage or limit the coverage under the plan if
 7    (i) the Director determines that the claim resulted  from  an
 8    incident  in  which the employee was grossly negligent or had
 9    engaged in willful and wanton misconduct or (ii) the Director
10    determines that the employee is no longer an acceptable  risk
11    based  on  a  review of prior accidents in which the employee
12    was at fault and for which payments  were  made  pursuant  to
13    this Section.
14        The  Director  is authorized to promulgate administrative
15    rules that may be necessary to establish and  administer  the
16    plan.
17        Appropriations  from  the  Road Fund shall be used to pay
18    auto  liability  claims  and   related   expenses   involving
19    employees  of  the Department of Transportation, the Illinois
20    State Police, and the Secretary of State.
21        (8)  Charge, collect, and receive from all other agencies
22    of the State government fees or monies equivalent to the cost
23    of purchasing the insurance.
24        (9)  Establish, through the Director,  charges  for  risk
25    management   services  rendered  to  State  agencies  by  the
26    Department. The State agencies so charged shall reimburse the
27    Department  by  vouchers  drawn  against   their   respective
28    appropriations.  The reimbursement shall be determined by the
29    Director  as  amounts  sufficient to reimburse the Department
30    for expenditures incurred in rendering the service.
31        The Department shall charge the employing State agency or
32    university for workers' compensation payments  for  temporary
33    total  disability paid to any employee after the employee has
34    received temporary total disability payments for 120 days  if
 
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 1    the  employee's  treating  physician  has issued a release to
 2    return to work with restrictions and the employee is able  to
 3    perform  modified duty work but the employing State agency or
 4    university does not return the employee to work  at  modified
 5    duty.  Modified duty shall be duties assigned that may or may
 6    not  be  delineated as part of the duties regularly performed
 7    by the employee.  Modified duties shall  be  assigned  within
 8    the  prescribed  restrictions  established  by  the  treating
 9    physician  and  the  physician  who performed the independent
10    medical examination.  The amount of all reimbursements  shall
11    be  deposited  into  the Workers' Compensation Revolving Fund
12    which is hereby created  as  a  special  fund  in  the  State
13    treasury.   Moneys  in  the  Fund  shall  be used, subject to
14    appropriation,  to  pay  these  or  other   temporary   total
15    disability   claims   of  employees  of  State  agencies  and
16    universities.
17        Beginning with fiscal year 1996, all amounts recovered by
18    the Department through subrogation in  workers'  compensation
19    and  workers'  occupational  disease cases shall be deposited
20    into the Workers' Compensation Revolving Fund  created  under
21    this subdivision (9).
22        (10)  Establish  rules,  procedures, and forms to be used
23    by State  agencies  in  the  administration  and  payment  of
24    workers' compensation claims.  The Department shall initially
25    evaluate  and determine the compensability of any injury that
26    is the subject of a workers' compensation claim  and  provide
27    for  the  administration  and payment of such a claim for all
28    State agencies.  The Director may delegate to any agency with
29    the agreement of  the  agency  head  the  responsibility  for
30    evaluation,  administration,  and  payment  of  that agency's
31    claims.
32        (11)  Any  plan  for  public   liability   self-insurance
33    implemented  under  this  Section  shall provide that (i) the
34    Department shall attempt to settle and may settle any  public
 
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 1    liability  claim  filed  against the State of Illinois or any
 2    public liability claim filed against a State employee on  the
 3    basis  of an occurrence in the course of the employee's State
 4    employment; (ii) any settlement  of  such  a  claim  must  be
 5    approved  by  the  Director  and,  in  cases  of  settlements
 6    exceeding  $100,000,  by the Governor; and (iii) a settlement
 7    of any public liability claim against the State  or  a  State
 8    employee shall require an unqualified release of any right of
 9    action against the State and the employee for acts within the
10    scope of the employee's employment giving rise to the claim.
11        Whenever and to the extent that a State employee operates
12    a   motor  vehicle  or  engages  in other activity covered by
13    self-insurance under this  Section,  the  State  of  Illinois
14    shall  defend,  indemnify,  and  hold  harmless  the employee
15    against any claim in tort filed against the employee for acts
16    or omissions within the scope of the employee's employment in
17    any proper judicial forum and not settled  pursuant  to  this
18    subdivision  (11), provided that this obligation of the State
19    of  Illinois  shall  not  exceed  a  maximum   liability   of
20    $2,000,000  for  any single occurrence in connection with the
21    operation of a motor  vehicle  or  $100,000  per  person  per
22    occurrence  for  any other single occurrence, or $500,000 for
23    any single occurrence in connection  with  the  provision  of
24    medical care by a licensed physician employee.
25        Any   claims  against  the  State  of  Illinois  under  a
26    self-insurance plan that are not  settled  pursuant  to  this
27    subdivision  (11)  shall be heard and determined by the Court
28    of  Claims and may not be filed or adjudicated in  any  other
29    forum.   The Attorney General of the State of Illinois or the
30    Attorney  General's  designee  shall  be  the  attorney  with
31    respect to all public liability  self-insurance  claims  that
32    are  not  settled  pursuant  to  this  subdivision  (11)  and
33    therefore  result in litigation.  The payment of any award of
34    the Court of Claims entered against the State relating to any
 
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 1    public liability self-insurance claim shall act as a  release
 2    against any State employee involved in the occurrence.
 3        (12)  Administer  a  plan the purpose of which is to make
 4    payments  on  final  settlements  or   final   judgments   in
 5    accordance  with the State Employee Indemnification Act.  The
 6    plan shall be funded through appropriations from the  General
 7    Revenue Fund specifically designated for that purpose, except
 8    that indemnification expenses for employees of the Department
 9    of   Transportation,  the  Illinois  State  Police,  and  the
10    Secretary of State shall be paid from  the  Road  Fund.   The
11    term "employee" as used in this subdivision (12) has the same
12    meaning  as  under  subsection  (b) of Section 1 of the State
13    Employee  Indemnification   Act.    Subject   to   sufficient
14    appropriation,  the  Director  shall  approve  payment of any
15    claim presented to the Director that is supported by a  final
16    settlement  or  final  judgment when the Attorney General and
17    the chief officer of the public body against  whose  employee
18    the  claim  or  cause  of  action  is asserted certify to the
19    Director that the claim  is  in  accordance  with  the  State
20    Employee  Indemnification  Act  and  that they approve of the
21    payment.  In no event shall an amount in excess  of  $150,000
22    be paid from this plan to or for the benefit of any claimant.
23        (13)  Administer  a  plan the purpose of which is to make
24    payments on final settlements or final judgments for employee
25    wage claims in situations where there  was  an  appropriation
26    relevant  to the wage claim, the fiscal year and lapse period
27    have expired, and sufficient funds were available to pay  the
28    claim.   The plan shall be funded through appropriations from
29    the General Revenue Fund  specifically  designated  for  that
30    purpose.
31        Subject  to  sufficient  appropriation,  the  Director is
32    authorized to pay any wage claim presented  to  the  Director
33    that  is  supported  by  a final settlement or final judgment
34    when the chief officer of  the  State  agency  employing  the
 
                            -15-     LRB093 06216 BDD 11952 b
 1    claimant  certifies to the Director that the claim is a valid
 2    wage claim and that the fiscal year  and  lapse  period  have
 3    expired.   Payment for claims that are properly submitted and
 4    certified as valid by the  Director  shall  include  interest
 5    accrued  at the rate of 7% per annum from the forty-fifth day
 6    after the claims are received by the Department  or  45  days
 7    from  the date on which the amount of payment is agreed upon,
 8    whichever is later, until the date the claims  are  submitted
 9    to the Comptroller for payment. When the Attorney General has
10    filed an appearance in any proceeding concerning a wage claim
11    settlement or judgment, the Attorney General shall certify to
12    the  Director that the wage claim is valid before any payment
13    is made.  In no event shall an amount in excess  of  $150,000
14    be paid from this plan to or for the benefit of any claimant.
15        Nothing in Public Act 84-961 shall be construed to affect
16    in  any  manner  the  jurisdiction  of  the  Court  of Claims
17    concerning wage claims made against the State of Illinois.
18        (14)  Prepare and, in the  discretion  of  the  Director,
19    implement  a program for self-insurance for official fidelity
20    and surety bonds for officers and employees as authorized  by
21    the Official Bond Act.
22    (Source: P.A. 91-239, eff. 1-1-00.)