Full Text of SB1726 098th General Assembly
SB1726 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1726 Introduced 2/15/2013, by Sen. John G. Mulroe SYNOPSIS AS INTRODUCED: |
| 5 ILCS 220/6 | from Ch. 127, par. 746 |
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Amends the Intergovernmental Cooperation Act. Provides that any intergovernmental contract for joint self-insurance among public agency members that is executed, amended, or renewed on or after the effective date of the amendatory Act must authorize a public agency member to terminate its participation in the joint insurance pool or intergovernmental cooperative after giving written notice to the joint insurance pool or intergovernmental cooperative (i) at least 90 days before terminating its participation in the joint insurance pool or intergovernmental cooperative or (ii) after some shorter period of time if mutually agreed upon by the parties to the contract.
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| | A BILL FOR |
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| 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 |
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| 1 | | protect against liability under the
Workers' Compensation Act | 2 | | and the Workers' Occupational Diseases Act shall
file with the | 3 | | Illinois Workers' Compensation Commission a report indicating | 4 | | an election to
self-insure.
| 5 | | For purposes of this Section, "public agency member" means | 6 | | any public
agency
defined or created under this Act, any local | 7 | | public entity as defined in
Section 1-206 of
the Local | 8 | | Governmental and Governmental Employees Tort Immunity Act, and | 9 | | any
public agency, authority, instrumentality, council, board, | 10 | | service region,
district,
unit, bureau,
or, commission, or any | 11 | | municipal corporation, college, or university, whether
| 12 | | corporate or
otherwise,
and any other local governmental body | 13 | | or similar entity that is presently
existing or
created after | 14 | | the effective date of this amendatory Act of the 92nd General
| 15 | | Assembly,
whether or not specified in this Section.
Only public | 16 | | agency members with tax receipts, tax revenues, taxing
| 17 | | authority, or other
resources sufficient to pay costs and to | 18 | | service debt related to
intergovernmental activities
described | 19 | | in this Section, or public agency members created by or as part | 20 | | of a
public
agency with these powers, may enter into contracts | 21 | | or otherwise associate among
themselves as permitted in this | 22 | | Section.
| 23 | | No joint insurance pool or other intergovernmental | 24 | | cooperative offering health insurance shall interfere with the | 25 | | statutory obligation of any public agency member to bargain | 26 | | over or to reach agreement with a labor organization over a |
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| 1 | | mandatory subject of collective bargaining as those terms are | 2 | | used in the Illinois Public Labor Relations Act. No | 3 | | intergovernmental contract of insurance offering health | 4 | | insurance shall limit the rights or obligations of public | 5 | | agency members to engage in collective bargaining, and it shall | 6 | | be unlawful for a joint insurance pool or other | 7 | | intergovernmental cooperative offering health insurance to | 8 | | discriminate against public agency members or otherwise | 9 | | retaliate against such members for limiting their | 10 | | participation in a joint insurance pool as a result of a | 11 | | collective bargaining agreement.
| 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 | | Any intergovernmental contract for joint self-insurance | 24 | | among public agency members that is executed, amended, or | 25 | | renewed on or after the effective date of this amendatory Act | 26 | | of the 98th General Assembly shall authorize a public agency |
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| 1 | | member to terminate its participation in the joint insurance | 2 | | pool or intergovernmental cooperative after giving written | 3 | | notice to the joint insurance pool or intergovernmental | 4 | | cooperative (i) at least 90 days before terminating its | 5 | | participation in the joint insurance pool or intergovernmental | 6 | | cooperative or (ii) after some shorter period of time if | 7 | | mutually agreed upon by the parties to the contract. | 8 | | (Source: P.A. 93-721, eff. 1-1-05; 94-685, eff. 11-2-05.)
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