Full Text of SB2368 99th General Assembly
SB2368eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Central Management Services | 5 | | Law of the
Civil Administrative Code of Illinois is amended by | 6 | | changing Sections 405-20, 405-250, and 405-410 as follows:
| 7 | | (20 ILCS 405/405-20) (was 20 ILCS 405/35.7)
| 8 | | Sec. 405-20. Fiscal policy information to Governor; | 9 | | information technology statistical research
planning. | 10 | | (a) The Department
shall be responsible for providing the | 11 | | Governor with timely,
comprehensive, and meaningful | 12 | | information pertinent to the formulation
and execution of | 13 | | fiscal policy. In performing this responsibility the
| 14 | | Department shall have the power and duty to do the following:
| 15 | | (1) Control the procurement, retention, installation,
| 16 | | maintenance,
and operation, as specified by the Director, | 17 | | of information technology electronic data
processing | 18 | | equipment and software used by State agencies in such a | 19 | | manner as to
achieve maximum economy and provide adequate | 20 | | assistance in the
development of information suitable for | 21 | | management analysis.
| 22 | | (2) Establish principles and standards of information | 23 | | technology statistical
reporting by
State agencies and |
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| 1 | | priorities for completion of research by those
agencies in | 2 | | accordance with the requirements for management analysis | 3 | | as
specified by the Director.
| 4 | | (3) Establish, through the Director, charges for | 5 | | information technology
statistical services
requested by | 6 | | State agencies and rendered by the Department.
The | 7 | | Department is likewise empowered through the Director
to | 8 | | establish prices or charges for information technology | 9 | | services rendered by the Department for all statistical | 10 | | reports purchased by
agencies and individuals not | 11 | | connected with State government.
| 12 | | (4) Instruct all State agencies as the Director may | 13 | | require to
report regularly to the Department, in the | 14 | | manner the
Director may
prescribe, their usage of | 15 | | information technology electronic information devices and | 16 | | services ,
the cost
incurred, the information produced, and | 17 | | the procedures followed in
obtaining the information. All | 18 | | State agencies shall
request of the
Director any | 19 | | information technology resources statistical
services | 20 | | requiring the use of
electronic devices and shall conform | 21 | | to the priorities assigned by the
Director in using those | 22 | | electronic devices.
| 23 | | (5) Examine the accounts , use of information | 24 | | technology resources, and statistical data of any
| 25 | | organization,
body, or agency receiving appropriations | 26 | | from the General
Assembly.
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| 1 | | (6) Install and operate a modern information system | 2 | | utilizing
equipment adequate to satisfy the requirements | 3 | | for analysis and review
as specified by the Director. | 4 | | Expenditures for information technology statistical | 5 | | services
rendered shall be reimbursed by the recipients. | 6 | | The reimbursement
shall
be determined by the Director as | 7 | | amounts sufficient to
reimburse the Technology Management | 8 | | Statistical Services Revolving Fund for expenditures
| 9 | | incurred in rendering the services.
| 10 | | (b) In addition to the other powers and duties listed in | 11 | | this Section,
the Department shall analyze the present and | 12 | | future aims, needs, and
requirements of information technology | 13 | | statistical research and planning in order to provide
for the
| 14 | | formulation of overall policy relative to the use of electronic | 15 | | data
processing equipment and software by the State of | 16 | | Illinois. In making this analysis,
the Department under the | 17 | | Director shall formulate a master plan for the use of | 18 | | information technology
statistical research , utilizing | 19 | | electronic equipment , software, and services most
| 20 | | advantageously, and advising whether electronic data | 21 | | processing
equipment and software should be leased or purchased | 22 | | by the State. The Department under
the Director shall prepare | 23 | | and submit interim reports of meaningful
developments and | 24 | | proposals for legislation to the Governor on or before
January | 25 | | 30 each year. The Department under the Director shall engage in | 26 | | a
continuing analysis and evaluation of the master plan so |
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| 1 | | developed, and
it shall be the responsibility of the Department | 2 | | to recommend from time to
time any needed amendments and | 3 | | modifications of any master plan enacted
by the General | 4 | | Assembly.
| 5 | | (c) For the purposes of this Section, Section 405-245, and
| 6 | | paragraph (4) of Section 405-10 only, "State
agencies" means | 7 | | all
departments, boards, commissions, and agencies of the State | 8 | | of Illinois
subject to the Governor.
| 9 | | (Source: P.A. 94-91, eff. 7-1-05.)
| 10 | | (20 ILCS 405/405-250) (was 20 ILCS 405/35.7a)
| 11 | | Sec. 405-250.
Information technology Statistical services ; | 12 | | use of information technology electronic data processing
| 13 | | equipment and software . The Department may make information | 14 | | technology resources statistical services and the
use of | 15 | | information technology
electronic data processing equipment | 16 | | and software , including necessary
telecommunications
lines and | 17 | | equipment, available to local governments, elected State
| 18 | | officials,
State educational institutions, and all other | 19 | | governmental units of the
State
requesting them. The Director | 20 | | is empowered to establish prices and charges
for the | 21 | | information technology resources statistical services so | 22 | | furnished and for the use of the information technology | 23 | | electronic
data processing equipment and software and | 24 | | necessary telecommunications lines and equipment.
The prices | 25 | | and charges shall be sufficient to reimburse the cost
of |
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| 1 | | furnishing
the services and use of equipment , software, and | 2 | | lines.
| 3 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 4 | | (20 ILCS 405/405-410)
| 5 | | Sec. 405-410. Transfer of Information Technology | 6 | | functions.
| 7 | | (a) Notwithstanding any other law to the contrary, the | 8 | | Director of Central Management Services, working in | 9 | | cooperation with
the Director of any other agency, department, | 10 | | board, or commission directly
responsible to the Governor, may | 11 | | direct the transfer, to the Department of
Central Management | 12 | | Services, of those information technology functions at that
| 13 | | agency, department, board, or commission that are suitable for | 14 | | centralization.
| 15 | | Upon receipt of the written direction to transfer | 16 | | information technology
functions to the Department of Central | 17 | | Management Services, the personnel,
equipment, and property | 18 | | (both real and personal) directly relating to the
transferred | 19 | | functions shall be transferred to the Department of Central
| 20 | | Management Services, and the relevant documents, records, and | 21 | | correspondence
shall be transferred or copied, as the Director | 22 | | may prescribe.
| 23 | | (b) Upon receiving written direction from the Director of | 24 | | Central
Management Services, the Comptroller and Treasurer are | 25 | | authorized
to transfer the unexpended balance of any |
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| 1 | | appropriations related to the
information technology functions | 2 | | transferred to the Department of Central
Management Services | 3 | | and shall make the necessary fund transfers from any
special | 4 | | fund in the State Treasury or from any other federal or State | 5 | | trust
fund held by the Treasurer to the General Revenue Fund or | 6 | | , the Technology Management Statistical Services Revolving | 7 | | Fund , or the Communications Revolving Fund, as designated by | 8 | | the Director of Central Management Services, for
use by the | 9 | | Department of Central Management Services in support of | 10 | | information
technology functions or any other related costs or | 11 | | expenses of the Department
of Central Management Services.
| 12 | | (c) The rights of employees and the State and its agencies | 13 | | under the
Personnel Code and applicable collective bargaining | 14 | | agreements or under any
pension, retirement, or annuity plan | 15 | | shall not be affected by any transfer
under this Section.
| 16 | | (d) The functions transferred to the Department of Central | 17 | | Management
Services by this Section shall be vested in and | 18 | | shall be exercised by the
Department of Central Management | 19 | | Services. Each act done in the exercise of
those functions | 20 | | shall have the same legal effect as if done by the agencies,
| 21 | | offices, divisions, departments, bureaus, boards and | 22 | | commissions from which
they were transferred.
| 23 | | Every person or other entity shall be subject to the same | 24 | | obligations and
duties and any penalties, civil or criminal, | 25 | | arising therefrom, and shall have
the same rights arising from | 26 | | the exercise of such rights, powers, and duties as
had been |
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| 1 | | exercised by the agencies, offices, divisions, departments, | 2 | | bureaus,
boards, and commissions from which they were | 3 | | transferred.
| 4 | | Whenever reports or notices are now required to be made or | 5 | | given or papers
or documents furnished or served by any person | 6 | | in regards to the functions
transferred to or upon the | 7 | | agencies, offices, divisions, departments, bureaus,
boards, | 8 | | and commissions from which the functions were transferred, the | 9 | | same
shall be made, given, furnished or served in the same | 10 | | manner to or upon the
Department of Central Management | 11 | | Services.
| 12 | | This Section does not affect any act done, ratified, or | 13 | | cancelled or any
right occurring or established or any action | 14 | | or proceeding had or commenced
in an administrative, civil, or | 15 | | criminal cause regarding the functions
transferred, but those | 16 | | proceedings may be continued by the Department of
Central | 17 | | Management Services.
| 18 | | This Section does not affect the legality of any rules in | 19 | | the Illinois
Administrative Code regarding the functions | 20 | | transferred in this Section that
are in force on the effective | 21 | | date of this Section. If necessary, however,
the affected | 22 | | agencies shall propose, adopt, or repeal rules, rule | 23 | | amendments,
and rule recodifications as appropriate to | 24 | | effectuate this Section.
| 25 | | (Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04; | 26 | | 93-1067, eff. 1-15-05.)
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| 1 | | Section 10. The State Finance Act is amended by changing | 2 | | Sections 5.12, 5.55, 6p-1, 6p-2, 6z-34, and 8.16a as follows:
| 3 | | (30 ILCS 105/5.12) (from Ch. 127, par. 141.12)
| 4 | | Sec. 5.12. The Communications Revolving Fund. This Section | 5 | | is repealed on December 31, 2016. | 6 | | (Source: Laws 1919, p. 946.)
| 7 | | (30 ILCS 105/5.55) (from Ch. 127, par. 141.55)
| 8 | | Sec. 5.55. The Technology Management Statistical Services | 9 | | Revolving Fund. | 10 | | (Source: Laws 1919, p. 946.)
| 11 | | (30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
| 12 | | Sec. 6p-1.
The Technology Management Revolving Fund | 13 | | (formerly known as the Statistical Services Revolving Fund ) | 14 | | shall be initially
financed by a transfer of funds from the | 15 | | General Revenue Fund. Thereafter,
all fees and other monies | 16 | | received by the Department of Central Management
Services in | 17 | | payment for statistical services rendered pursuant to Section
| 18 | | 405-20 of the Department of Central Management Services Law (20
| 19 | | ILCS 405/405-20) shall be paid
into
the Technology Management
| 20 | | Statistical Services Revolving Fund. On and after July 1, 2016, | 21 | | or after sufficient moneys have been received in the | 22 | | Communications Revolving Fund to pay all Fiscal Year 2016 |
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| 1 | | obligations payable from the Fund, whichever is later, all fees | 2 | | and other moneys received by the Department of Central | 3 | | Management Services in payment for communications services | 4 | | rendered pursuant to the Department of Central Management | 5 | | Services Law of the Civil Administrative Code of Illinois or | 6 | | sale of surplus State communications equipment shall be paid | 7 | | into the Technology Management Revolving Fund. The money in | 8 | | this fund shall be used
by the Department of Central Management | 9 | | Services as reimbursement for
expenditures incurred in | 10 | | rendering statistical services and, beginning July 1, 2016, as | 11 | | reimbursement for expenditures incurred in relation to | 12 | | communications services .
| 13 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 14 | | (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
| 15 | | Sec. 6p-2.
The Communications Revolving Fund shall be | 16 | | initially financed
by a transfer of funds from the General | 17 | | Revenue Fund. Thereafter, all fees
and other monies received by | 18 | | the Department of Central Management Services in
payment for | 19 | | communications services rendered pursuant to the Department of
| 20 | | Central Management Services Law or sale of surplus State | 21 | | communications
equipment shall be paid into the Communications | 22 | | Revolving Fund. Except as
otherwise provided in this Section, | 23 | | the money in this fund shall be used by the
Department of | 24 | | Central Management Services as reimbursement for expenditures
| 25 | | incurred in relation to communications services.
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| 1 | | On the effective date of this
amendatory Act of the 93rd | 2 | | General Assembly, or as soon as practicable
thereafter, the | 3 | | State Comptroller shall order transferred and the State
| 4 | | Treasurer shall transfer $3,000,000 from the Communications | 5 | | Revolving Fund to
the Emergency Public Health Fund to be used | 6 | | for the purposes specified in
Section 55.6a of the | 7 | | Environmental Protection Act.
| 8 | | In addition to any other transfers that may be provided for | 9 | | by law, on July 1, 2011, or as soon thereafter as practical, | 10 | | the State Comptroller shall direct and the State Treasurer | 11 | | shall transfer the sum of $5,000,000 from the General Revenue | 12 | | Fund to the Communications Revolving Fund. | 13 | | Notwithstanding any other provision of law, in addition to | 14 | | any other transfers that may be provided by law, on July 1, | 15 | | 2016, or after sufficient moneys have been received in the | 16 | | Communications Revolving Fund to pay all Fiscal Year 2016 | 17 | | obligations payable from the Fund, whichever is later, the | 18 | | State Comptroller shall direct and the State Treasurer shall | 19 | | transfer the remaining balance from the Communications | 20 | | Revolving Fund into the Technology Management Revolving Fund. | 21 | | Upon completion of the transfer, any future deposits due to | 22 | | that Fund and any outstanding obligations or liabilities of | 23 | | that Fund pass to the Technology Management Revolving Fund. | 24 | | (Source: P.A. 97-641, eff. 12-19-11.)
| 25 | | (30 ILCS 105/6z-34)
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| 1 | | Sec. 6z-34. Secretary of State Special Services Fund. There
| 2 | | is created in the State Treasury a special fund to be known as | 3 | | the Secretary of
State Special Services Fund. Moneys deposited | 4 | | into the Fund may, subject to
appropriation, be used by the | 5 | | Secretary of State for any or all of the
following purposes:
| 6 | | (1) For general automation efforts within operations | 7 | | of the Office of
Secretary of State.
| 8 | | (2) For technology applications in any form that will | 9 | | enhance the
operational capabilities of the Office of | 10 | | Secretary of State.
| 11 | | (3) To provide funds for any type of library grants | 12 | | authorized and
administered by the Secretary of State as | 13 | | State Librarian.
| 14 | | These funds are in addition to any other funds otherwise | 15 | | authorized to the
Office of Secretary of State for like or | 16 | | similar purposes.
| 17 | | On August 15, 1997, all fiscal year 1997 receipts that | 18 | | exceed the
amount of $15,000,000 shall be transferred from this | 19 | | Fund to the Statistical
Services Revolving Fund (now known as | 20 | | the Technology Management Revolving Fund) ; on August 15, 1998 | 21 | | and each year thereafter
through 2000, all
receipts from the | 22 | | fiscal year ending on the previous June 30th that exceed the
| 23 | | amount of $17,000,000 shall be transferred from this Fund to | 24 | | the Statistical
Services Revolving Fund (now known as the | 25 | | Technology Management Revolving Fund) ; on August 15, 2001 and | 26 | | each year thereafter
through 2002, all
receipts from the fiscal |
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| 1 | | year ending on the previous June 30th that exceed the
amount of | 2 | | $19,000,000 shall be transferred from this Fund to the | 3 | | Statistical
Services Revolving Fund (now known as the | 4 | | Technology Management Revolving Fund) ; and on August 15, 2003 | 5 | | and each year thereafter, all
receipts from the fiscal year | 6 | | ending on the previous June 30th that exceed the
amount of | 7 | | $33,000,000 shall be transferred from this Fund to the | 8 | | Technology Management Revolving Fund (formerly known as the | 9 | | Statistical
Services Revolving Fund ) .
| 10 | | (Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)
| 11 | | (30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)
| 12 | | Sec. 8.16a.
Appropriations for the procurement, | 13 | | installation,
retention, maintenance and operation of | 14 | | electronic data processing and
information technology devices | 15 | | and software used by state agencies subject to Section 405-20 | 16 | | of
the Department of Central Management Services Law (20 ILCS | 17 | | 405/405-20), the purchase of necessary
supplies and equipment | 18 | | and accessories thereto, and all other expenses
incident to the | 19 | | operation and maintenance of those electronic data
processing | 20 | | and information technology devices and software are payable | 21 | | from the Technology Management Statistical
Services Revolving | 22 | | Fund. However, no contract shall be entered into or
obligation | 23 | | incurred for any expenditure from the Technology Management | 24 | | Statistical Services
Revolving Fund until after the purpose and | 25 | | amount has been approved in
writing by the Director of Central |
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| 1 | | Management Services. Until there are
sufficient funds in the | 2 | | Technology Management Revolving Fund (formerly known as the | 3 | | Statistical Services Revolving Fund ) to carry out
the purposes | 4 | | of this amendatory Act of 1965, however, the State agencies
| 5 | | subject to that Section 405-20
shall, on written approval of | 6 | | the Director of Central Management
Services, pay the cost of | 7 | | operating and maintaining electronic data processing
systems | 8 | | from current appropriations as classified and standardized in | 9 | | the State Finance Act
"An Act in relation to State finance", | 10 | | approved June 10, 1919, as amended .
| 11 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 12 | | Section 15. The Illinois Insurance Code is amended by | 13 | | changing Sections 408, 408.2, 1202, and 1206 as follows:
| 14 | | (215 ILCS 5/408) (from Ch. 73, par. 1020)
| 15 | | Sec. 408. Fees and charges.
| 16 | | (1) The Director shall charge, collect and
give proper | 17 | | acquittances for the payment of the following fees and charges:
| 18 | | (a) For filing all documents submitted for the | 19 | | incorporation or
organization or certification of a | 20 | | domestic company, except for a fraternal
benefit society, | 21 | | $2,000.
| 22 | | (b) For filing all documents submitted for the | 23 | | incorporation or
organization of a fraternal benefit | 24 | | society, $500.
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| 1 | | (c) For filing amendments to articles of incorporation | 2 | | and amendments to
declaration of organization, except for a | 3 | | fraternal benefit society, a
mutual benefit association, a | 4 | | burial society or a farm mutual, $200.
| 5 | | (d) For filing amendments to articles of incorporation | 6 | | of a fraternal
benefit society, a mutual benefit | 7 | | association or a burial society, $100.
| 8 | | (e) For filing amendments to articles of incorporation | 9 | | of a farm mutual,
$50.
| 10 | | (f) For filing bylaws or amendments thereto, $50.
| 11 | | (g) For filing agreement of merger or consolidation:
| 12 | | (i) for a domestic company, except
for a fraternal | 13 | | benefit society, a
mutual benefit association, a | 14 | | burial society,
or a farm mutual, $2,000.
| 15 | | (ii) for a foreign or
alien company, except for a | 16 | | fraternal
benefit society, $600.
| 17 | | (iii) for a fraternal benefit society,
a mutual | 18 | | benefit association, a burial society,
or a farm | 19 | | mutual, $200.
| 20 | | (h) For filing agreements of reinsurance by a domestic | 21 | | company, $200.
| 22 | | (i) For filing all documents submitted by a foreign or | 23 | | alien
company to be admitted to transact business or | 24 | | accredited as a
reinsurer in this State, except for a
| 25 | | fraternal benefit society, $5,000.
| 26 | | (j) For filing all documents submitted by a foreign or |
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| 1 | | alien
fraternal benefit society to be admitted to transact | 2 | | business
in this State, $500.
| 3 | | (k) For filing declaration of withdrawal of a foreign | 4 | | or
alien company, $50.
| 5 | | (l) For filing annual statement by a domestic company, | 6 | | except a fraternal benefit
society, a mutual benefit | 7 | | association, a burial society, or
a farm mutual, $200.
| 8 | | (m) For filing annual statement by a domestic fraternal | 9 | | benefit
society, $100.
| 10 | | (n) For filing annual statement by a farm mutual, a | 11 | | mutual benefit
association, or a burial society, $50.
| 12 | | (o) For issuing a certificate of authority or
renewal | 13 | | thereof except to a foreign fraternal benefit society, | 14 | | $400.
| 15 | | (p) For issuing a certificate of authority or renewal | 16 | | thereof to a foreign
fraternal benefit society, $200.
| 17 | | (q) For issuing an amended certificate of authority, | 18 | | $50.
| 19 | | (r) For each certified copy of certificate of | 20 | | authority, $20.
| 21 | | (s) For each certificate of deposit, or valuation, or | 22 | | compliance
or surety certificate, $20.
| 23 | | (t) For copies of papers or records per page, $1.
| 24 | | (u) For each certification to copies
of papers or | 25 | | records, $10.
| 26 | | (v) For multiple copies of documents or certificates |
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| 1 | | listed in
subparagraphs (r), (s), and (u) of paragraph (1) | 2 | | of this Section, $10 for
the first copy of a certificate of | 3 | | any type and $5 for each additional copy
of the same | 4 | | certificate requested at the same time, unless, pursuant to
| 5 | | paragraph (2) of this Section, the Director finds these | 6 | | additional fees
excessive.
| 7 | | (w) For issuing a permit to sell shares or increase | 8 | | paid-up
capital:
| 9 | | (i) in connection with a public stock offering, | 10 | | $300;
| 11 | | (ii) in any other case, $100.
| 12 | | (x) For issuing any other certificate required or | 13 | | permissible
under the law, $50.
| 14 | | (y) For filing a plan of exchange of the stock of a | 15 | | domestic
stock insurance company, a plan of | 16 | | demutualization of a domestic
mutual company, or a plan of | 17 | | reorganization under Article XII, $2,000.
| 18 | | (z) For filing a statement of acquisition of a
domestic | 19 | | company as defined in Section 131.4 of this Code, $2,000.
| 20 | | (aa) For filing an agreement to purchase the business | 21 | | of an
organization authorized under the Dental Service Plan | 22 | | Act
or the Voluntary Health Services Plans Act or
of a | 23 | | health maintenance
organization or a limited health | 24 | | service organization, $2,000.
| 25 | | (bb) For filing a statement of acquisition of a foreign | 26 | | or alien
insurance company as defined in Section 131.12a of |
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| 1 | | this Code, $1,000.
| 2 | | (cc) For filing a registration statement as required in | 3 | | Sections 131.13
and 131.14, the notification as required by | 4 | | Sections 131.16,
131.20a, or 141.4, or an
agreement or | 5 | | transaction required by Sections 124.2(2), 141, 141a, or
| 6 | | 141.1, $200.
| 7 | | (dd) For filing an application for licensing of:
| 8 | | (i) a religious or charitable risk pooling trust or | 9 | | a workers'
compensation pool, $1,000;
| 10 | | (ii) a workers' compensation service company, | 11 | | $500;
| 12 | | (iii) a self-insured automobile fleet, $200; or
| 13 | | (iv) a renewal of or amendment of any license | 14 | | issued pursuant to (i),
(ii), or (iii) above, $100.
| 15 | | (ee) For filing articles of incorporation for a | 16 | | syndicate to engage in
the business of insurance through | 17 | | the Illinois Insurance Exchange, $2,000.
| 18 | | (ff) For filing amended articles of incorporation for a | 19 | | syndicate engaged
in the business of insurance through the | 20 | | Illinois Insurance Exchange, $100.
| 21 | | (gg) For filing articles of incorporation for a limited | 22 | | syndicate to
join with other subscribers or limited | 23 | | syndicates to do business through
the Illinois Insurance | 24 | | Exchange, $1,000.
| 25 | | (hh) For filing amended articles of incorporation for a | 26 | | limited
syndicate to do business through the Illinois |
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| 1 | | Insurance Exchange, $100.
| 2 | | (ii) For a permit to solicit subscriptions to a | 3 | | syndicate
or limited syndicate, $100.
| 4 | | (jj) For the filing of each form as required in Section | 5 | | 143 of this
Code, $50 per form. The fee for advisory and | 6 | | rating
organizations shall be $200 per form.
| 7 | | (i) For the purposes of the form filing fee, | 8 | | filings made on insert page
basis will be considered | 9 | | one form at the time of its original submission.
| 10 | | Changes made to a form subsequent to its approval shall | 11 | | be considered a
new filing.
| 12 | | (ii) Only one fee shall be charged for a form, | 13 | | regardless of the number
of other forms or policies | 14 | | with which it will be used.
| 15 | | (iii) Fees charged for a policy filed as it will be | 16 | | issued regardless of the number of forms comprising | 17 | | that policy shall not exceed $1,500. For advisory or | 18 | | rating organizations, fees charged for a policy filed | 19 | | as it will be issued regardless of the number of forms | 20 | | comprising that policy shall not exceed $2,500.
| 21 | | (iv) The Director may by rule exempt forms from | 22 | | such fees.
| 23 | | (kk) For filing an application for licensing of a | 24 | | reinsurance
intermediary, $500.
| 25 | | (ll) For filing an application for renewal of a license | 26 | | of a reinsurance
intermediary, $200.
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| 1 | | (2) When printed copies or numerous copies of the same | 2 | | paper or records
are furnished or certified, the Director may | 3 | | reduce such fees for copies
if he finds them excessive. He may, | 4 | | when he considers it in the public
interest, furnish without | 5 | | charge to state insurance departments and persons
other than | 6 | | companies, copies or certified copies of reports of | 7 | | examinations
and of other papers and records.
| 8 | | (3) The expenses incurred in any performance
examination | 9 | | authorized by law shall be paid by the company or person being
| 10 | | examined. The charge shall be reasonably related to the cost of | 11 | | the
examination including but not limited to compensation of | 12 | | examiners,
electronic data processing costs, supervision and | 13 | | preparation of an
examination report and lodging and travel | 14 | | expenses.
All lodging and travel expenses shall be in accord
| 15 | | with the applicable travel regulations as published by the | 16 | | Department of
Central Management Services and approved by the | 17 | | Governor's Travel Control
Board, except that out-of-state | 18 | | lodging and travel expenses related to
examinations authorized | 19 | | under Section 132 shall be in accordance with
travel rates | 20 | | prescribed under paragraph 301-7.2 of the Federal Travel
| 21 | | Regulations, 41 C.F.R. 301-7.2, for reimbursement of | 22 | | subsistence expenses
incurred during official travel. All | 23 | | lodging and travel expenses may be reimbursed directly upon | 24 | | authorization of the
Director. With the exception of the
direct | 25 | | reimbursements authorized by the
Director, all performance | 26 | | examination charges collected by the
Department shall be paid
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| 1 | | to the Insurance Producer Administration Fund,
however, the | 2 | | electronic data processing costs
incurred by the Department in | 3 | | the performance of any examination shall be
billed directly to | 4 | | the company being examined for payment to the
Technology | 5 | | Management Statistical Services Revolving Fund.
| 6 | | (4) At the time of any service of process on the Director
| 7 | | as attorney for such service, the Director shall charge and | 8 | | collect the
sum of $20, which may be recovered as taxable costs | 9 | | by
the party to the suit or action causing such service to be | 10 | | made if he prevails
in such suit or action.
| 11 | | (5) (a) The costs incurred by the Department of Insurance
| 12 | | in conducting any hearing authorized by law shall be assessed | 13 | | against the
parties to the hearing in such proportion as the | 14 | | Director of Insurance may
determine upon consideration of all | 15 | | relevant circumstances including: (1)
the nature of the | 16 | | hearing; (2) whether the hearing was instigated by, or
for the | 17 | | benefit of a particular party or parties; (3) whether there is | 18 | | a
successful party on the merits of the proceeding; and (4) the | 19 | | relative levels
of participation by the parties.
| 20 | | (b) For purposes of this subsection (5) costs incurred | 21 | | shall
mean the hearing officer fees, court reporter fees, and | 22 | | travel expenses
of Department of Insurance officers and | 23 | | employees; provided however, that
costs incurred shall not | 24 | | include hearing officer fees or court reporter
fees unless the | 25 | | Department has retained the services of independent
| 26 | | contractors or outside experts to perform such functions.
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| 1 | | (c) The Director shall make the assessment of costs | 2 | | incurred as part of
the final order or decision arising out of | 3 | | the proceeding; provided, however,
that such order or decision | 4 | | shall include findings and conclusions in support
of the | 5 | | assessment of costs. This subsection (5) shall not be construed | 6 | | as
permitting the payment of travel expenses unless calculated | 7 | | in accordance
with the applicable travel regulations of the | 8 | | Department
of Central Management Services, as approved by the | 9 | | Governor's Travel Control
Board. The Director as part of such | 10 | | order or decision shall require all
assessments for hearing | 11 | | officer fees and court reporter fees, if any, to
be paid | 12 | | directly to the hearing officer or court reporter by the | 13 | | party(s)
assessed for such costs. The assessments for travel | 14 | | expenses of Department
officers and employees shall be | 15 | | reimbursable to the
Director of Insurance for
deposit to the | 16 | | fund out of which those expenses had been paid.
| 17 | | (d) The provisions of this subsection (5) shall apply in | 18 | | the case of any
hearing conducted by the Director of Insurance | 19 | | not otherwise specifically
provided for by law.
| 20 | | (6) The Director shall charge and collect an annual | 21 | | financial
regulation fee from every domestic company for | 22 | | examination and analysis of
its financial condition and to fund | 23 | | the internal costs and expenses of the
Interstate Insurance | 24 | | Receivership Commission as may be allocated to the State
of | 25 | | Illinois and companies doing an insurance business in this | 26 | | State pursuant to
Article X of the Interstate Insurance |
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| 1 | | Receivership Compact. The fee shall be
the greater fixed amount | 2 | | based upon
the combination of nationwide direct premium income | 3 | | and
nationwide reinsurance
assumed premium
income or upon | 4 | | admitted assets calculated under this subsection as follows:
| 5 | | (a) Combination of nationwide direct premium income | 6 | | and
nationwide reinsurance assumed premium.
| 7 | | (i) $150, if the premium is less than $500,000 and | 8 | | there is
no
reinsurance assumed premium;
| 9 | | (ii) $750, if the premium is $500,000 or more, but | 10 | | less
than $5,000,000
and there is no reinsurance | 11 | | assumed premium; or if the premium is less than
| 12 | | $5,000,000 and the reinsurance assumed premium is less | 13 | | than $10,000,000;
| 14 | | (iii) $3,750, if the premium is less than | 15 | | $5,000,000 and
the reinsurance
assumed premium is | 16 | | $10,000,000 or more;
| 17 | | (iv) $7,500, if the premium is $5,000,000 or more, | 18 | | but
less than
$10,000,000;
| 19 | | (v) $18,000, if the premium is $10,000,000 or more, | 20 | | but
less than $25,000,000;
| 21 | | (vi) $22,500, if the premium is $25,000,000 or | 22 | | more, but
less
than $50,000,000;
| 23 | | (vii) $30,000, if the premium is $50,000,000 or | 24 | | more,
but less than $100,000,000;
| 25 | | (viii) $37,500, if the premium is $100,000,000 or | 26 | | more.
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| 1 | | (b) Admitted assets.
| 2 | | (i) $150, if admitted assets are less than | 3 | | $1,000,000;
| 4 | | (ii) $750, if admitted assets are $1,000,000 or | 5 | | more, but
less than
$5,000,000;
| 6 | | (iii) $3,750, if admitted assets are $5,000,000 or | 7 | | more,
but less than
$25,000,000;
| 8 | | (iv) $7,500, if admitted assets are $25,000,000 or | 9 | | more,
but less than
$50,000,000;
| 10 | | (v) $18,000, if admitted assets are $50,000,000 or | 11 | | more,
but less than
$100,000,000;
| 12 | | (vi) $22,500, if admitted assets are $100,000,000 | 13 | | or
more, but less
than $500,000,000;
| 14 | | (vii) $30,000, if admitted assets are $500,000,000 | 15 | | or
more, but less
than $1,000,000,000;
| 16 | | (viii) $37,500, if admitted assets are | 17 | | $1,000,000,000
or more.
| 18 | | (c) The sum of financial regulation fees charged to the | 19 | | domestic
companies of the same affiliated group shall not | 20 | | exceed $250,000
in the aggregate in any single year and | 21 | | shall be billed by the Director to
the member company | 22 | | designated by the
group.
| 23 | | (7) The Director shall charge and collect an annual | 24 | | financial regulation
fee from every foreign or alien company, | 25 | | except fraternal benefit
societies, for the
examination and | 26 | | analysis of its financial condition and to fund the internal
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| 1 | | costs and expenses of the Interstate Insurance Receivership | 2 | | Commission as may
be allocated to the State of Illinois and | 3 | | companies doing an insurance business
in this State pursuant to | 4 | | Article X of the Interstate Insurance Receivership
Compact.
The | 5 | | fee shall be a fixed amount based upon Illinois direct premium | 6 | | income
and nationwide reinsurance assumed premium income in | 7 | | accordance with the
following schedule:
| 8 | | (a) $150, if the premium is less than $500,000 and | 9 | | there is
no
reinsurance assumed premium;
| 10 | | (b) $750, if the premium is $500,000 or more, but less | 11 | | than
$5,000,000
and there is no reinsurance assumed | 12 | | premium;
or if the premium is less than $5,000,000 and the | 13 | | reinsurance assumed
premium is less than $10,000,000;
| 14 | | (c) $3,750, if the premium is less than $5,000,000 and | 15 | | the
reinsurance
assumed premium is $10,000,000 or more;
| 16 | | (d) $7,500, if the premium is $5,000,000 or more, but | 17 | | less
than
$10,000,000;
| 18 | | (e) $18,000, if the premium is $10,000,000 or more, but
| 19 | | less than
$25,000,000;
| 20 | | (f) $22,500, if the premium is $25,000,000 or more, but
| 21 | | less than
$50,000,000;
| 22 | | (g) $30,000, if the premium is $50,000,000 or more, but
| 23 | | less than
$100,000,000;
| 24 | | (h) $37,500, if the premium is $100,000,000 or more.
| 25 | | The sum of financial regulation fees under this subsection | 26 | | (7)
charged to the foreign or alien companies within the same |
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| 1 | | affiliated group
shall not exceed $250,000 in the aggregate in | 2 | | any single year
and shall be
billed by the Director to the | 3 | | member company designated by the group.
| 4 | | (8) Beginning January 1, 1992, the financial regulation | 5 | | fees imposed
under subsections (6) and (7)
of this Section | 6 | | shall be paid by each company or domestic affiliated group
| 7 | | annually. After January
1, 1994, the fee shall be billed by | 8 | | Department invoice
based upon the company's
premium income or | 9 | | admitted assets as shown in its annual statement for the
| 10 | | preceding calendar year. The invoice is due upon
receipt and | 11 | | must be paid no later than June 30 of each calendar year. All
| 12 | | financial
regulation fees collected by the Department shall be | 13 | | paid to the Insurance
Financial Regulation Fund. The Department | 14 | | may not collect financial
examiner per diem charges from | 15 | | companies subject to subsections (6) and (7)
of this Section | 16 | | undergoing financial examination
after June 30, 1992.
| 17 | | (9) In addition to the financial regulation fee required by | 18 | | this
Section, a company undergoing any financial examination | 19 | | authorized by law
shall pay the following costs and expenses | 20 | | incurred by the Department:
electronic data processing costs, | 21 | | the expenses authorized under Section 131.21
and
subsection (d) | 22 | | of Section 132.4 of this Code, and lodging and travel expenses.
| 23 | | Electronic data processing costs incurred by the | 24 | | Department in the
performance of any examination shall be | 25 | | billed directly to the company
undergoing examination for | 26 | | payment to the Technology Management Statistical Services |
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| 1 | | Revolving
Fund. Except for direct reimbursements authorized by | 2 | | the Director or
direct payments made under Section 131.21 or | 3 | | subsection (d) of Section
132.4 of this Code, all financial | 4 | | regulation fees and all financial
examination charges | 5 | | collected by the Department shall be paid to the
Insurance | 6 | | Financial Regulation Fund.
| 7 | | All lodging and travel expenses shall be in accordance with | 8 | | applicable
travel regulations published by the Department of | 9 | | Central Management
Services and approved by the Governor's | 10 | | Travel Control Board, except that
out-of-state lodging and | 11 | | travel expenses related to examinations authorized
under | 12 | | Sections 132.1 through 132.7 shall be in accordance
with travel | 13 | | rates prescribed
under paragraph 301-7.2 of the Federal Travel | 14 | | Regulations, 41 C.F.R. 301-7.2,
for reimbursement of | 15 | | subsistence expenses incurred during official travel.
All | 16 | | lodging and travel expenses may be
reimbursed directly upon the | 17 | | authorization of the Director.
| 18 | | In the case of an organization or person not subject to the | 19 | | financial
regulation fee, the expenses incurred in any | 20 | | financial examination authorized
by law shall be paid by the | 21 | | organization or person being examined. The charge
shall be | 22 | | reasonably related to the cost of the examination including, | 23 | | but not
limited to, compensation of examiners and other costs | 24 | | described in this
subsection.
| 25 | | (10) Any company, person, or entity failing to make any | 26 | | payment of $150
or more as required under this Section shall be |
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| 1 | | subject to the penalty and
interest provisions provided for in | 2 | | subsections (4) and (7)
of Section 412.
| 3 | | (11) Unless otherwise specified, all of the fees collected | 4 | | under this
Section shall be paid into the Insurance Financial | 5 | | Regulation Fund.
| 6 | | (12) For purposes of this Section:
| 7 | | (a) "Domestic company" means a company as defined in | 8 | | Section 2 of this
Code which is incorporated or organized | 9 | | under the laws of this State, and in
addition includes a | 10 | | not-for-profit corporation authorized under the Dental
| 11 | | Service Plan Act or the Voluntary Health
Services Plans | 12 | | Act, a health maintenance organization, and a
limited
| 13 | | health service organization.
| 14 | | (b) "Foreign company" means a company as defined in | 15 | | Section 2 of this
Code which is incorporated or organized | 16 | | under the laws of any state of the
United States other than | 17 | | this State and in addition includes a health
maintenance | 18 | | organization and a limited health service organization | 19 | | which is
incorporated or organized under the laws
of any | 20 | | state of the United States other than this State.
| 21 | | (c) "Alien company" means a company as defined in | 22 | | Section 2 of this Code
which is incorporated or organized | 23 | | under the laws of any country other than
the United States.
| 24 | | (d) "Fraternal benefit society" means a corporation, | 25 | | society, order,
lodge or voluntary association as defined | 26 | | in Section 282.1 of this
Code.
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| 1 | | (e) "Mutual benefit association" means a company, | 2 | | association or
corporation authorized by the Director to do | 3 | | business in this State under
the provisions of Article | 4 | | XVIII of this Code.
| 5 | | (f) "Burial society" means a person, firm, | 6 | | corporation, society or
association of individuals | 7 | | authorized by the Director to do business in
this State | 8 | | under the provisions of Article XIX of this Code.
| 9 | | (g) "Farm mutual" means a district, county and township | 10 | | mutual insurance
company authorized by the Director to do | 11 | | business in this State under the
provisions of the Farm | 12 | | Mutual Insurance Company Act of 1986.
| 13 | | (Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11; | 14 | | 97-813, eff. 7-13-12; 98-463, eff. 8-16-13.)
| 15 | | (215 ILCS 5/408.2) (from Ch. 73, par. 1020.2)
| 16 | | Sec. 408.2. Statistical Services. Any public record, or any | 17 | | data obtained
by the Department of Insurance, which is subject | 18 | | to public inspection or
copying and which is maintained on a | 19 | | computer processible medium, may be
furnished in a computer | 20 | | processed or computer processible medium upon the
written | 21 | | request of any applicant and the payment of a reasonable fee
| 22 | | established by the Director sufficient to cover the total cost | 23 | | of the
Department for processing, maintaining and generating | 24 | | such computer
processible records or data, except to the extent | 25 | | of any salaries or
compensation of Department officers or |
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| 1 | | employees.
| 2 | | The Director of Insurance is specifically authorized to | 3 | | contract with
members of the public at large, enter waiver | 4 | | agreements, or otherwise enter
written agreements for the | 5 | | purpose of assuring public access to the
Department's computer | 6 | | processible records or data, or for the purpose of
restricting, | 7 | | controlling or limiting such access where necessary to protect
| 8 | | the confidentiality of individuals, companies or other | 9 | | entities identified
by such documents.
| 10 | | All fees collected by the Director under this Section 408.2 | 11 | | shall be
deposited in the Technology Management Statistical | 12 | | Services Revolving Fund and credited to the
account of the | 13 | | Department of Insurance. Any surplus funds remaining in
such | 14 | | account at the close of any fiscal year shall be delivered to | 15 | | the
State Treasurer for deposit in the Insurance Financial | 16 | | Regulation Fund.
| 17 | | (Source: P.A. 84-989.)
| 18 | | (215 ILCS 5/1202) (from Ch. 73, par. 1065.902)
| 19 | | Sec. 1202. Duties. The Director shall:
| 20 | | (a) determine the relationship of insurance premiums | 21 | | and related income
as compared to insurance costs and | 22 | | expenses and provide such information to
the General | 23 | | Assembly and the general public;
| 24 | | (b) study the insurance system in the State of | 25 | | Illinois, and recommend
to the General Assembly what it |
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| 1 | | deems to be the most appropriate and
comprehensive cost | 2 | | containment system for the State;
| 3 | | (c) respond to the requests by agencies of government | 4 | | and the General
Assembly for special studies and analysis | 5 | | of data collected pursuant to
this Article. Such reports | 6 | | shall be made available in a form prescribed by
the | 7 | | Director. The Director may also determine a fee to be | 8 | | charged to the
requesting agency to cover the direct and | 9 | | indirect costs for producing such
a report, and shall | 10 | | permit affected insurers the right to review the
accuracy | 11 | | of the report before it is released. The fees shall
be | 12 | | deposited
into the Technology Management Statistical | 13 | | Services Revolving Fund and credited to the account
of the | 14 | | Department of Insurance;
| 15 | | (d) make an interim report to the General Assembly no | 16 | | later than August
15, 1987, and an a annual report to the | 17 | | General Assembly no later than July 1
every year thereafter | 18 | | which shall include the Director's findings and
| 19 | | recommendations regarding its duties as provided under | 20 | | subsections (a),
(b), and (c) of this Section.
| 21 | | (Source: P.A. 98-226, eff. 1-1-14; revised 10-21-15.)
| 22 | | (215 ILCS 5/1206) (from Ch. 73, par. 1065.906)
| 23 | | Sec. 1206. Expenses. The companies required to file reports | 24 | | under this
Article shall pay a reasonable fee established by | 25 | | the Director sufficient
to cover the total cost of the |
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| 1 | | Department incident to or associated
with the administration | 2 | | and enforcement of this Article, including the
collection, | 3 | | analysis and distribution of the insurance cost data, the
| 4 | | conversion of hard copy reports to tape, and the compilation | 5 | | and
analysis of basic reports.
The Director may establish a | 6 | | schedule of fees for this purpose.
Expenses for additional | 7 | | reports shall be billed
to those requesting the reports. Any | 8 | | such fees collected under this Section
shall be paid to the | 9 | | Director of Insurance and deposited into the
Technology | 10 | | Management Statistical Services Revolving Fund and credited to | 11 | | the account of the
Department of Insurance.
| 12 | | (Source: P.A. 84-1431.)
| 13 | | Section 20. The Workers' Compensation Act is amended by | 14 | | changing Section 17 as follows:
| 15 | | (820 ILCS 305/17) (from Ch. 48, par. 138.17)
| 16 | | Sec. 17. The Commission shall cause to be printed and | 17 | | furnish free of
charge upon request by any employer or employee | 18 | | such blank forms as may
facilitate or promote efficient | 19 | | administration and the performance of
the duties of the | 20 | | Commission. It shall provide a proper record in which
shall be | 21 | | entered and indexed the name of any employer who shall file a
| 22 | | notice of declination or withdrawal under this Act, and the | 23 | | date of the
filing thereof; and a proper record in which shall | 24 | | be entered and
indexed the name of any employee who shall file |
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| 1 | | such notice of
declination or withdrawal, and the date of the | 2 | | filing thereof; and such
other notices as may be required by | 3 | | this Act; and records in which shall
be recorded all | 4 | | proceedings, orders and awards had or made by the
Commission or | 5 | | by the arbitration committees, and such other books or
records | 6 | | as it shall deem
necessary, all such records to be kept in the
| 7 | | office of the Commission.
| 8 | | The Commission may destroy all papers and documents which | 9 | | have been
on file for more than 5 years where there is no claim | 10 | | for compensation
pending or where more than 2 years have | 11 | | elapsed since the termination of
the compensation period.
| 12 | | The Commission shall compile and distribute to interested | 13 | | persons aggregate
statistics, taken from any records and | 14 | | reports in the possession of the
Commission. The aggregate | 15 | | statistics shall not give the names or otherwise
identify | 16 | | persons sustaining injuries or disabilities or the employer of
| 17 | | any injured person or person with a disability.
| 18 | | The Commission is authorized to establish reasonable fees | 19 | | and methods
of payment limited to covering only the costs to | 20 | | the Commission for processing,
maintaining and generating | 21 | | records or data necessary for the computerized
production of | 22 | | documents, records and other materials except to the extent
of | 23 | | any salaries or compensation of Commission officers or | 24 | | employees.
| 25 | | All fees collected by the Commission under this Section | 26 | | shall be deposited
in the Technology Management Statistical |
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| 1 | | Services Revolving Fund and credited to the account of
the | 2 | | Illinois Workers' Compensation Commission.
| 3 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 4 | | Section 25. The Workers' Occupational Diseases Act is | 5 | | amended by changing Section 17 as follows:
| 6 | | (820 ILCS 310/17) (from Ch. 48, par. 172.52)
| 7 | | Sec. 17. The Commission shall cause to be printed and shall | 8 | | furnish
free of charge upon request by any employer or employee | 9 | | such blank forms
as it shall deem requisite to facilitate or | 10 | | promote the efficient
administration of this Act, and the | 11 | | performance of the duties of the
Commission. It shall provide a | 12 | | proper record in which shall be entered
and indexed the name of | 13 | | any employer who shall file a notice of election
under this | 14 | | Act, and the date of the filing thereof; and a proper record
in | 15 | | which shall be entered and indexed the name of any employee who | 16 | | shall
file a notice of election, and the date of the filing | 17 | | thereof; and such
other notices as may be required by this Act; | 18 | | and records in which shall
be recorded all proceedings, orders | 19 | | and awards had or made by the
Commission, or by the arbitration | 20 | | committees, and such other books or
records as it shall deem | 21 | | necessary, all such records to be kept in the
office of the | 22 | | Commission. The Commission, in its discretion, may destroy
all | 23 | | papers and documents except notices of election and waivers | 24 | | which
have been on file for more than five years where there is |
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| 1 | | no claim for
compensation pending, or where more than two years | 2 | | have elapsed since
the termination of the compensation period.
| 3 | | The Commission shall compile and distribute to interested | 4 | | persons aggregate
statistics, taken from any records and | 5 | | reports in the possession of the
Commission. The aggregate | 6 | | statistics shall not give the names or otherwise
identify | 7 | | persons sustaining injuries or disabilities or the employer of
| 8 | | any injured person or person with a disability.
| 9 | | The Commission is authorized to establish reasonable fees | 10 | | and methods
of payment limited to covering only the costs to | 11 | | the Commission for processing,
maintaining and generating | 12 | | records or data necessary for the computerized
production of | 13 | | documents, records and other materials except to the extent
of | 14 | | any salaries or compensation of Commission officers or | 15 | | employees.
| 16 | | All fees collected by the Commission under this Section | 17 | | shall be deposited
in the Technology Management Statistical | 18 | | Services Revolving Fund and credited to the account of
the | 19 | | Illinois Workers' Compensation Commission.
| 20 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 21 | | Section 99. Effective date. This Act takes effect on July | 22 | | 1, 2016.
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