Full Text of SB0077 94th General Assembly
SB0077sam001 94TH GENERAL ASSEMBLY
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Sen. Debbie DeFrancesco Halvorson
Filed: 3/8/2005
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| AMENDMENT TO SENATE BILL 77
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| AMENDMENT NO. ______. Amend Senate Bill 77 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Intergovernmental Cooperation Act is | 5 |
| amended by changing Section 6 as follows:
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| (5 ILCS 220/6) (from Ch. 127, par. 746)
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| 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
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| 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 |
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| and the Workers' Occupational Diseases Act shall
file with the | 2 |
| Illinois Workers' Compensation Commission a report indicating | 3 |
| an election to
self-insure.
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| For purposes of this Section, "public agency member" means | 5 |
| any public
agency
defined or created under this Act, any local | 6 |
| public entity as defined in
Section 1-206 of
the Local | 7 |
| Governmental and Governmental Employees Tort Immunity Act, and | 8 |
| any
public agency, authority, instrumentality, council, board, | 9 |
| service region,
district,
unit, bureau,
or, commission, or any | 10 |
| municipal corporation, college, or university, whether
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| corporate or
otherwise,
and any other local governmental body | 12 |
| or similar entity that is presently
existing or
created after | 13 |
| the effective date of this amendatory Act of the 92nd General
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| Assembly,
whether or not specified in this Section.
Only public | 15 |
| agency members with tax receipts, tax revenues, taxing
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| authority, or other
resources sufficient to pay costs and to | 17 |
| service debt related to
intergovernmental activities
described | 18 |
| in this Section, or public agency members created by or as part | 19 |
| of a
public
agency with these powers, may enter into contracts | 20 |
| or otherwise associate among
themselves as permitted in this | 21 |
| Section.
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| No joint insurance pool or other intergovernmental | 23 |
| cooperative offering health insurance shall interfere with the | 24 |
| statutory obligation of any public agency member to bargain | 25 |
| over or to reach agreement with a labor organization over a | 26 |
| mandatory subject of collective bargaining as those terms are | 27 |
| used in the Illinois Public Labor Relations Act. No | 28 |
| intergovernmental contract of insurance offering health | 29 |
| insurance shall limit the rights or obligations of public | 30 |
| agency members to engage in collective bargaining, and it shall | 31 |
| be unlawful for a joint insurance pool or other | 32 |
| intergovernmental cooperative offering health insurance to | 33 |
| discriminate against public agency members or otherwise | 34 |
| retaliate against such members for limiting their |
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| participation in a joint insurance pool as a result of a | 2 |
| collective bargaining agreement.
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| It shall not be considered a violation of this Section for | 4 |
| an intergovernmental contract of insurance relating to health | 5 |
| insurance coverage, life insurance coverage, or both to permit | 6 |
| the pool or cooperative, if a member withdraws employees or | 7 |
| officers into a union-sponsored program, to re-price the costs | 8 |
| of benefits provided to the continuing employees or officers | 9 |
| based upon the same underwriting criteria used by that pool or | 10 |
| cooperative in the normal course of its business, but no member | 11 |
| shall be expelled from a pool or cooperative if the continuing | 12 |
| employees or officers meet the general criteria required of | 13 |
| other members.
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| (Source: P.A. 92-530, eff. 2-8-02; 93-721, eff. 1-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
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