Full Text of HB0542 97th General Assembly
HB0542ham002 97TH GENERAL ASSEMBLY | Rep. Elizabeth Hernandez Filed: 3/25/2011
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| 1 | | AMENDMENT TO HOUSE BILL 542
| 2 | | AMENDMENT NO. ______. Amend House Bill 542 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | of Insurance no later
than 150 days after the end of the pool's | 2 | | immediately preceding fiscal year.
The
Director of Insurance | 3 | | shall issue rules necessary to implement this audit and
report | 4 | | requirement. The rule shall establish the due date for filing | 5 | | the
initial annual audited financial report. Within 30 days | 6 | | after January 1,
1991, and within 30 days after each January 1 | 7 | | thereafter, public agencies
that are jointly self-insured to | 8 | | protect against liability under the
Workers' Compensation Act | 9 | | and the Workers' Occupational Diseases Act shall
file with the | 10 | | Illinois Workers' Compensation Commission a report indicating | 11 | | an election to
self-insure.
| 12 | | For purposes of this Section, "public agency member" means | 13 | | any public
agency
defined or created under this Act, any local | 14 | | public entity as defined in
Section 1-206 of
the Local | 15 | | Governmental and Governmental Employees Tort Immunity Act, and | 16 | | any
public agency, authority, instrumentality, council, board, | 17 | | service region,
district,
unit, bureau,
or, commission, or any | 18 | | municipal corporation, college, or university, whether
| 19 | | corporate or
otherwise,
and any other local governmental body | 20 | | or similar entity that is presently
existing or
created after | 21 | | the effective date of this amendatory Act of the 92nd General
| 22 | | Assembly,
whether or not specified in this Section.
Only public | 23 | | agency members with tax receipts, tax revenues, taxing
| 24 | | authority, or other
resources sufficient to pay costs and to | 25 | | service debt related to
intergovernmental activities
described | 26 | | in this Section, or public agency members created by or as part |
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| 1 | | of a
public
agency with these powers, may enter into contracts | 2 | | or otherwise associate among
themselves as permitted in this | 3 | | Section.
| 4 | | No joint insurance pool or other intergovernmental | 5 | | cooperative offering health insurance shall interfere with the | 6 | | statutory obligation of any public agency member to bargain | 7 | | over or to reach agreement with a labor organization over a | 8 | | mandatory subject of collective bargaining as those terms are | 9 | | used in the Illinois Public Labor Relations Act. No | 10 | | intergovernmental contract of insurance offering health | 11 | | insurance shall limit the rights or obligations of public | 12 | | agency members to engage in collective bargaining, and it shall | 13 | | be unlawful for a joint insurance pool or other | 14 | | intergovernmental cooperative offering health insurance to | 15 | | discriminate against public agency members or otherwise | 16 | | retaliate against such members for limiting their | 17 | | participation in a joint insurance pool as a result of a | 18 | | collective bargaining agreement.
| 19 | | No joint insurance pool or other intergovernmental | 20 | | cooperative shall require any public agency member to provide | 21 | | notice of the member's intent to withdraw from the pool or | 22 | | cooperative more than 30 days before the date upon which the | 23 | | member withdraws. | 24 | | If a public agency member of a joint insurance pool or | 25 | | intergovernmental cooperative withdraws for the sole reason of | 26 | | seeking competitive pricing and then seeks to rejoin the pool |
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| 1 | | or intergovernmental cooperative within 60 days after | 2 | | withdrawing, the member shall be allowed to rejoin the pool or | 3 | | intergovernmental cooperative without penalty and without | 4 | | being required to pay higher premiums. | 5 | | The head of any joint insurance pool or other | 6 | | intergovernmental cooperative shall be a licensed insurance | 7 | | producer in the State of Illinois. | 8 | | No joint insurance pool or other intergovernmental | 9 | | cooperative shall, after the effective date of this amendatory | 10 | | Act of the 97th General Assembly, enter into any contract for | 11 | | insurance coverage that exceeds one year in duration. | 12 | | It shall not be considered a violation of this Section for | 13 | | an intergovernmental contract of insurance relating to health | 14 | | insurance coverage, life insurance coverage, or both to permit | 15 | | the pool or cooperative, if a member withdraws employees or | 16 | | officers into a union-sponsored program, to re-price the costs | 17 | | of benefits provided to the continuing employees or officers | 18 | | based upon the same underwriting criteria used by that pool or | 19 | | cooperative in the normal course of its business, but no member | 20 | | shall be expelled from a pool or cooperative if the continuing | 21 | | employees or officers meet the general criteria required of | 22 | | other members.
| 23 | | (Source: P.A. 93-721, eff. 1-1-05; 94-685, eff. 11-2-05.)".
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