Full Text of HB0911 94th General Assembly
HB0911 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0911
Introduced 2/2/2005, by Rep. Robert W. Churchill SYNOPSIS AS INTRODUCED: |
|
5 ILCS 220/6 |
from Ch. 127, par. 746 |
|
Amends the Intergovernmental Cooperation Act. Provides that an intergovernmental self-insurance agreement, cooperative, or pool does not interfere with statutory obligations of collective bargaining. Makes it unlawful for an intergovernmental joint insurance pool or cooperative to discriminate or retaliate against public agency members that limit their participation in the pool or cooperative as a result of collective bargaining obligations. Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB0911 |
|
LRB094 03826 JAM 33837 b |
|
| 1 |
| AN ACT concerning government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Intergovernmental Cooperation Act is | 5 |
| amended by changing Section 6 as follows:
| 6 |
| (5 ILCS 220/6) (from Ch. 127, par. 746)
| 7 |
| Sec. 6. Joint self-insurance. An intergovernmental | 8 |
| contract may, among
other undertakings,
authorize public | 9 |
| agencies to jointly self-insure and authorize each public
| 10 |
| agency member of the contract to utilize its funds to pay to a | 11 |
| joint
insurance pool its costs and reserves to protect, wholly | 12 |
| or partially,
itself or any public agency member of the | 13 |
| contract against liability or
loss in the designated insurable | 14 |
| area. A joint insurance pool shall have an
annual audit | 15 |
| performed by an independent certified public accountant and | 16 |
| shall
file an annual audited financial report with the Director | 17 |
| of Insurance no later
than 150 days after the end of the pool's | 18 |
| immediately preceding fiscal year.
The
Director of Insurance | 19 |
| shall issue rules necessary to implement this audit and
report | 20 |
| requirement. The rule shall establish the due date for filing | 21 |
| the
initial annual audited financial report. Within 30 days | 22 |
| after January 1,
1991, and within 30 days after each January 1 | 23 |
| thereafter, public agencies
that are jointly self-insured to | 24 |
| protect against liability under the
Workers' Compensation Act | 25 |
| and the Workers' Occupational Diseases Act shall
file with the | 26 |
| Illinois Workers' Compensation Commission a report indicating | 27 |
| an election to
self-insure.
| 28 |
| For purposes of this Section, "public agency member" means | 29 |
| any public
agency
defined or created under this Act, any local | 30 |
| public entity as defined in
Section 1-206 of
the Local | 31 |
| Governmental and Governmental Employees Tort Immunity Act, and | 32 |
| any
public agency, authority, instrumentality, council, board, |
|
|
|
HB0911 |
- 2 - |
LRB094 03826 JAM 33837 b |
|
| 1 |
| service region,
district,
unit, bureau,
or, commission, or any | 2 |
| municipal corporation, college, or university, whether
| 3 |
| corporate or
otherwise,
and any other local governmental body | 4 |
| or similar entity that is presently
existing or
created after | 5 |
| the effective date of this amendatory Act of the 92nd General
| 6 |
| Assembly,
whether or not specified in this Section.
Only public | 7 |
| agency members with tax receipts, tax revenues, taxing
| 8 |
| authority, or other
resources sufficient to pay costs and to | 9 |
| service debt related to
intergovernmental activities
described | 10 |
| in this Section, or public agency members created by or as part | 11 |
| of a
public
agency with these powers, may enter into contracts | 12 |
| or otherwise associate among
themselves as permitted in this | 13 |
| Section.
| 14 |
| No joint insurance pool or other intergovernmental | 15 |
| cooperative shall interfere with the statutory obligation of | 16 |
| any public agency member to bargain over or to reach agreement | 17 |
| with a labor organization over a mandatory subject of | 18 |
| collective bargaining as those terms are used in the Illinois | 19 |
| Public Labor Relations Act. No intergovernmental contract of | 20 |
| insurance shall limit the rights or obligations of public | 21 |
| agency members to engage in collective bargaining, and it shall | 22 |
| be unlawful for a joint insurance pool or other | 23 |
| intergovernmental cooperative to discriminate against public | 24 |
| agency members or otherwise retaliate against such members for | 25 |
| limiting their participation in a joint insurance pool as a | 26 |
| result of a collective bargaining agreement.
| 27 |
| (Source: P.A. 92-530, eff. 2-8-02; 93-721, eff. 1-1-05.)
| 28 |
| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law.
|
|