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LRB095 03911 NHT 23944 b |
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| AN ACT to revise the law by combining multiple enactments |
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| and making technical corrections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Nature of this Act. |
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| (a) This Act may be cited as the First 2007 General |
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| Revisory Act. |
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| (b) This Act is not intended to make any substantive change |
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| in the law. It reconciles conflicts that have arisen from |
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| multiple amendments and enactments and makes technical |
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| corrections and revisions in the law. |
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| This Act revises and, where appropriate, renumbers certain |
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| Sections that have been added or amended by more than one |
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| Public Act. In certain cases in which a repealed Act or Section |
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| has been replaced with a successor law, this Act may |
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| incorporate amendments to the repealed Act or Section into the |
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| successor law. This Act also corrects errors, revises |
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| cross-references, and deletes obsolete text. |
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| (c) In this Act, the reference at the end of each amended |
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| Section indicates the sources in the Session Laws of Illinois |
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| that were used in the preparation of the text of that Section. |
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| The text of the Section included in this Act is intended to |
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| include the different versions of the Section found in the |
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| Public Acts included in the list of sources, but may not |
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LRB095 03911 NHT 23944 b |
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| include other versions of the Section to be found in Public |
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| Acts not included in the list of sources. The list of sources |
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| is not a part of the text of the Section. |
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| (d) Public Acts 92-520 through 94-1068 were considered in |
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| the preparation of the combining revisories included in this |
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| Act. Many of these combining revisories contain no striking or |
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| underscoring because no additional changes are being made in |
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| the material that is being combined. |
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| Section 5. The Regulatory Sunset Act is amended by changing |
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| Sections 4.17, 4.22, 4.23, 4.24, 4.26, and 4.27 as follows:
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| (5 ILCS 80/4.17)
|
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| Sec. 4.17. Acts repealed on January 1, 2007. The following |
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| are repealed on
January 1, 2007:
|
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| Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, |
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| XVII,
XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois |
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| Insurance Code.
|
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| The Medical Practice Act of 1987.
|
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| The Environmental Health Practitioner Licensing Act.
|
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| (Source: P.A. 94-754, eff. 5-10-06; 94-787, eff. 5-19-06; |
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| 94-870, eff. 6-16-06; 94-956, eff. 6-27-06; revised 8-3-06.)
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| (5 ILCS 80/4.22)
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| Sec. 4.22. Acts Act repealed on January 1, 2012. The |
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| following
Acts are Act is repealed on January 1, 2012:
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SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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| The Detection of Deception Examiners Act.
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| The Home Inspector License Act.
|
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| The Interior Design Title Act.
|
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| The Massage Licensing Act.
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| The Petroleum Equipment Contractors Licensing Act.
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| The Professional Boxing Act.
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| The Real Estate Appraiser Licensing Act of 2002.
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| The Water Well and Pump Installation Contractor's License |
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| Act.
|
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| (Source: P.A. 92-104, eff. 7-20-01; 92-180, eff. 7-1-02; |
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| 92-239, eff. 8-3-01;
92-453, eff. 8-21-01; 92-499, eff. 1-1-02; |
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| 92-500, eff. 12-18-01; 92-618, eff.
7-11-02; 92-651, eff. |
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| 7-11-02; 92-860, eff. 6-1-03; revised 1-18-03.)
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| (5 ILCS 80/4.23)
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| Sec. 4.23. Acts and Sections
Act Section repealed on |
| 16 |
| January 1,
2013. The following Acts and Sections of Acts are
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| Act Section is
repealed on January 1, 2013:
|
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| The Dietetic and Nutrition Services Practice Act.
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| The Elevator Safety and Regulation Act.
|
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| The Funeral Directors and Embalmers Licensing Code.
|
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| The Naprapathic Practice Act.
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| The Professional Counselor and Clinical Professional |
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| Counselor
Licensing Act.
|
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| The Wholesale Drug Distribution Licensing Act.
|
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| Section 2.5 of the Illinois Plumbing License Law.
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LRB095 03911 NHT 23944 b |
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| (Source: P.A. 92-586, eff. 6-26-02; 92-641, eff. 7-11-02; |
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| 92-642, eff.
7-11-02; 92-655, eff. 7-16-02; 92-719, eff. |
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| 7-25-02; 92-778, eff. 8-6-02;
92-873, eff. 6-1-03; revised |
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| 1-18-03.)
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| (5 ILCS 80/4.24)
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| Sec. 4.24. Acts repealed on January 1, 2014. The following
|
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| Acts are repealed
on January 1, 2014:
|
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| The Electrologist Licensing Act.
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| The Illinois Certified Shorthand Reporters Act of 1984.
|
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| The Illinois Occupational Therapy Practice Act.
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| The Illinois Public Accounting Act.
|
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| The Private Detective, Private Alarm, Private Security, |
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| and Locksmith Act
of 2004.
|
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| The Registered Surgical Assistant and Registered Surgical |
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| Technologist
Title Protection Act.
|
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| The Veterinary Medicine and Surgery Practice Act of 2004.
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| (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03; |
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| 93-280, eff. 7-1-04;
93-281, eff. 12-31-03; 93-438, eff. |
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| 8-5-03; 93-460, eff. 8-8-03; 93-461, eff.
8-8-03; revised |
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| 10-29-04.)
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| (5 ILCS 80/4.26)
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| Sec. 4.26. Acts
Act repealed on January 1, 2016. The |
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| following Acts are
Act is repealed on January 1, 2016: |
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| The Illinois Athletic Trainers Practice Act.
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SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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| The Illinois Roofing Industry Licensing Act.
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| The Illinois Dental Practice Act.
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| The Collection Agency Act.
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| The Barber, Cosmetology, Esthetics, and Nail Technology |
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| Act of 1985.
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| The Respiratory Care Practice Act.
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| The Hearing Instrument Consumer Protection Act.
|
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| The Illinois Physical Therapy Act.
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| The Professional Geologist Licensing Act. |
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| (Source: P.A. 94-246, eff. 1-1-06; 94-254, eff. 7-19-05; |
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| 94-409, eff. 12-31-05; 94-414, eff. 12-31-05; 94-451, eff. |
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| 12-31-05; 94-523, eff. 1-1-06; 94-527, eff. 12-31-05; 94-651, |
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| eff. 1-1-06; 94-708, eff. 12-5-05; revised 12-8-05.) |
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| (5 ILCS 80/4.27) |
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| Sec. 4.27. Acts
Act repealed on January 1, 2017. The |
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| following Acts are
Act is repealed on January 1, 2017:
|
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| The Illinois Optometric Practice Act of 1987. |
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| The Clinical Psychologist Licensing Act. |
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| The Boiler and Pressure Vessel Repairer Regulation Act. |
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| (Source: P.A. 94-787, eff. 5-19-06; 94-870, eff. 6-16-06; |
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| 94-956, eff. 6-27-06; revised 8-3-06.)
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| (5 ILCS 80/4.13 rep.)
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| (5 ILCS 80/4.14 rep.)
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| (5 ILCS 80/4.16 rep.)
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SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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| (5 ILCS 80/4.19a rep.)
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| Section 7. The Regulatory Sunset Act is amended by |
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| repealing Sections 4.13, 4.14, 4.16, and 4.19a. |
| 4 |
| Section 10. The Illinois Administrative Procedure Act is |
| 5 |
| amended by changing Sections 1-5, 1-20, 5-45, and 10-65 as |
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| follows:
|
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| (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
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| Sec. 1-5. Applicability.
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| (a) This Act applies to every agency as defined in this |
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| Act.
Beginning January 1, 1978, in case of conflict between the |
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| provisions of
this Act and the Act creating or conferring power |
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| on an agency, this Act
shall control. If, however, an agency |
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| (or its predecessor in the case of
an agency that has been |
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| consolidated or reorganized) has existing procedures
on July 1, |
| 15 |
| 1977, specifically for contested cases or licensing, those |
| 16 |
| existing
provisions control, except that this exception |
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| respecting contested
cases and licensing does not apply if the |
| 18 |
| Act creating or conferring
power on the agency adopts by |
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| express reference the provisions of this
Act. Where the Act |
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| creating or conferring power on an agency
establishes |
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| administrative procedures not covered by this Act, those
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| procedures shall remain in effect.
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| (b) The provisions of this Act do not apply to (i) |
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| preliminary
hearings, investigations, or practices where no |
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SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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| final determinations
affecting State funding are made by the |
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| State Board of Education, (ii) legal
opinions issued under |
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| Section 2-3.7 of the School Code, (iii) as to State
colleges |
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| and universities, their disciplinary and grievance |
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| proceedings,
academic irregularity and capricious grading |
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| proceedings, and admission
standards and procedures, and (iv) |
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| the class specifications for positions
and individual position |
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| descriptions prepared and maintained under the
Personnel Code. |
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| Those class specifications shall, however, be made
reasonably |
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| available to the public for inspection and copying. The
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| provisions of this Act do not apply to hearings under Section |
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| 20 of the
Uniform Disposition of Unclaimed Property Act.
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| (c) Section 5-35 of this Act relating to procedures for |
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| rulemaking
does not apply to the following:
|
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| (1) Rules adopted by the Pollution Control Board that, |
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| in accordance
with Section 7.2 of the Environmental |
| 17 |
| Protection Act, are identical in
substance to federal |
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| regulations or amendments to those regulations
|
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| implementing the following: Sections 3001, 3002, 3003, |
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| 3004, 3005, and 9003
of the Solid Waste Disposal Act; |
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| Section 105 of the Comprehensive Environmental
Response, |
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| Compensation, and Liability Act of 1980; Sections 307(b), |
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| 307(c),
307(d), 402(b)(8), and 402(b)(9) of the Federal |
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| Water Pollution Control
Act; and Sections 1412(b), |
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| 1414(c), 1417(a), 1421, and 1445(a) of the Safe
Drinking |
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| Water Act.
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LRB095 03911 NHT 23944 b |
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| (2) Rules adopted by the Pollution Control Board that |
| 2 |
| establish or
amend standards for the emission of |
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| hydrocarbons and carbon monoxide from
gasoline powered |
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| motor vehicles subject to inspection under Section 13A-105
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| of the Vehicle Emissions Inspection Law and rules adopted |
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| under Section 13B-20
of the Vehicle Emissions Inspection |
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| Law of 1995.
|
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| (3) Procedural rules adopted by the Pollution Control |
| 9 |
| Board governing
requests for exceptions under Section 14.2 |
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| of the Environmental Protection Act.
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| (4) The Pollution Control Board's grant, pursuant to an
|
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| adjudicatory determination, of an adjusted standard for |
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| persons who can
justify an adjustment consistent with |
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| subsection (a) of Section 27 of
the Environmental |
| 15 |
| Protection Act.
|
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| (5) Rules adopted by the Pollution Control Board that |
| 17 |
| are identical in
substance to the regulations adopted by |
| 18 |
| the Office of the State Fire
Marshal under clause (ii) of |
| 19 |
| paragraph (b) of subsection (3) of Section 2
of the |
| 20 |
| Gasoline Storage Act.
|
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| (d) Pay rates established under Section 8a of the Personnel |
| 22 |
| Code
shall be amended or repealed pursuant to the process set |
| 23 |
| forth in Section
5-50 within 30 days after it becomes necessary |
| 24 |
| to do so due to a conflict
between the rates and the terms of a |
| 25 |
| collective bargaining agreement
covering the compensation of |
| 26 |
| an employee subject to that Code.
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LRB095 03911 NHT 23944 b |
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| (e) Section 10-45 of this Act shall not apply to any |
| 2 |
| hearing, proceeding,
or investigation conducted under Section |
| 3 |
| 13-515 of the Public Utilities Act.
|
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| (f) Article 10 of this Act does not apply to any hearing, |
| 5 |
| proceeding, or
investigation conducted by the State Council for |
| 6 |
| the State of Illinois created
under Section 3-3-11.05 of the |
| 7 |
| Unified Code of Corrections or by the Interstate
Commission
|
| 8 |
| Commision for Adult Offender Supervision created under the
|
| 9 |
| Interstate Compact for Adult Offender Supervision.
|
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| (Source: P.A. 92-571, eff. 6-26-02; revised 7-25-02.)
|
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| (5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)
|
| 12 |
| Sec. 1-20. "Agency" means each officer, board, commission, |
| 13 |
| and agency
created by the Constitution, whether in the |
| 14 |
| executive, legislative, or
judicial branch of State |
| 15 |
| government, but other than the circuit court; each
officer, |
| 16 |
| department, board, commission, agency, institution, authority,
|
| 17 |
| university, and body politic and corporate of the State; each
|
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| administrative unit or corporate outgrowth of the State |
| 19 |
| government that is
created by or pursuant to statute, other |
| 20 |
| than units of local government and
their officers, school |
| 21 |
| districts, and boards of election commissioners; and
each |
| 22 |
| administrative unit or corporate outgrowth of the above and as |
| 23 |
| may be
created by executive order of the Governor. "Agency", |
| 24 |
| however, does not
include the following:
|
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| (1) The House of Representatives and Senate and their |
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SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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| respective
standing and service committees, including |
| 2 |
| without limitation the
Board of the Office of the Architect |
| 3 |
| of the Capitol and the Architect of the
Capitol established |
| 4 |
| under
the Legislative Commission Reorganization Act of |
| 5 |
| 1984.
|
| 6 |
| (2) The Governor.
|
| 7 |
| (3) The justices and judges of the Supreme and |
| 8 |
| Appellate Courts.
|
| 9 |
| (4) The Legislative Ethics Commission.
|
| 10 |
| (Source: P.A. 93-617, eff. 12-9-03; 93-632, eff. 2-1-04; |
| 11 |
| revised 1-9-04.)
|
| 12 |
| (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
|
| 13 |
| Sec. 5-45. Emergency rulemaking.
|
| 14 |
| (a) "Emergency" means the existence of any situation that |
| 15 |
| any agency
finds reasonably constitutes a threat to the public |
| 16 |
| interest, safety, or
welfare.
|
| 17 |
| (b) If any agency finds that an
emergency exists that |
| 18 |
| requires adoption of a rule upon fewer days than
is required by |
| 19 |
| Section 5-40 and states in writing its reasons for that
|
| 20 |
| finding, the agency may adopt an emergency rule without prior |
| 21 |
| notice or
hearing upon filing a notice of emergency rulemaking |
| 22 |
| with the Secretary of
State under Section 5-70. The notice |
| 23 |
| shall include the text of the
emergency rule and shall be |
| 24 |
| published in the Illinois Register. Consent
orders or other |
| 25 |
| court orders adopting settlements negotiated by an agency
may |
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SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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| 1 |
| be adopted under this Section. Subject to applicable |
| 2 |
| constitutional or
statutory provisions, an emergency rule |
| 3 |
| becomes effective immediately upon
filing under Section 5-65 or |
| 4 |
| at a stated date less than 10 days
thereafter. The agency's |
| 5 |
| finding and a statement of the specific reasons
for the finding |
| 6 |
| shall be filed with the rule. The agency shall take
reasonable |
| 7 |
| and appropriate measures to make emergency rules known to the
|
| 8 |
| persons who may be affected by them.
|
| 9 |
| (c) An emergency rule may be effective for a period of not |
| 10 |
| longer than
150 days, but the agency's authority to adopt an |
| 11 |
| identical rule under Section
5-40 is not precluded. No |
| 12 |
| emergency rule may be adopted more
than once in any 24 month |
| 13 |
| period, except that this limitation on the number
of emergency |
| 14 |
| rules that may be adopted in a 24 month period does not apply
|
| 15 |
| to (i) emergency rules that make additions to and deletions |
| 16 |
| from the Drug
Manual under Section 5-5.16 of the Illinois |
| 17 |
| Public Aid Code or the
generic drug formulary under Section |
| 18 |
| 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) |
| 19 |
| emergency rules adopted by the Pollution Control
Board before |
| 20 |
| July 1, 1997 to implement portions of the Livestock Management
|
| 21 |
| Facilities Act, or (iii) emergency rules adopted by the |
| 22 |
| Illinois Department of Public Health under subsections (a) |
| 23 |
| through (i) of Section 2 of the Department of Public Health Act |
| 24 |
| when necessary to protect the public's health. Two or more |
| 25 |
| emergency rules having substantially the same
purpose and |
| 26 |
| effect shall be deemed to be a single rule for purposes of this
|
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LRB095 03911 NHT 23944 b |
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| 1 |
| Section.
|
| 2 |
| (d) In order to provide for the expeditious and timely |
| 3 |
| implementation
of the State's fiscal year 1999 budget, |
| 4 |
| emergency rules to implement any
provision of Public Act 90-587 |
| 5 |
| or 90-588
or any other budget initiative for fiscal year 1999 |
| 6 |
| may be adopted in
accordance with this Section by the agency |
| 7 |
| charged with administering that
provision or initiative, |
| 8 |
| except that the 24-month limitation on the adoption
of |
| 9 |
| emergency rules and the provisions of Sections 5-115 and 5-125 |
| 10 |
| do not apply
to rules adopted under this subsection (d). The |
| 11 |
| adoption of emergency rules
authorized by this subsection (d) |
| 12 |
| shall be deemed to be necessary for the
public interest, |
| 13 |
| safety, and welfare.
|
| 14 |
| (e) In order to provide for the expeditious and timely |
| 15 |
| implementation
of the State's fiscal year 2000 budget, |
| 16 |
| emergency rules to implement any
provision of this amendatory |
| 17 |
| Act of the 91st General Assembly
or any other budget initiative |
| 18 |
| for fiscal year 2000 may be adopted in
accordance with this |
| 19 |
| Section by the agency charged with administering that
provision |
| 20 |
| or initiative, except that the 24-month limitation on the |
| 21 |
| adoption
of emergency rules and the provisions of Sections |
| 22 |
| 5-115 and 5-125 do not apply
to rules adopted under this |
| 23 |
| subsection (e). The adoption of emergency rules
authorized by |
| 24 |
| this subsection (e) shall be deemed to be necessary for the
|
| 25 |
| public interest, safety, and welfare.
|
| 26 |
| (f) In order to provide for the expeditious and timely |
|
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|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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|
| 1 |
| implementation
of the State's fiscal year 2001 budget, |
| 2 |
| emergency rules to implement any
provision of this amendatory |
| 3 |
| Act of the 91st General Assembly
or any other budget initiative |
| 4 |
| for fiscal year 2001 may be adopted in
accordance with this |
| 5 |
| Section by the agency charged with administering that
provision |
| 6 |
| or initiative, except that the 24-month limitation on the |
| 7 |
| adoption
of emergency rules and the provisions of Sections |
| 8 |
| 5-115 and 5-125 do not apply
to rules adopted under this |
| 9 |
| subsection (f). The adoption of emergency rules
authorized by |
| 10 |
| this subsection (f) shall be deemed to be necessary for the
|
| 11 |
| public interest, safety, and welfare.
|
| 12 |
| (g) In order to provide for the expeditious and timely |
| 13 |
| implementation
of the State's fiscal year 2002 budget, |
| 14 |
| emergency rules to implement any
provision of this amendatory |
| 15 |
| Act of the 92nd General Assembly
or any other budget initiative |
| 16 |
| for fiscal year 2002 may be adopted in
accordance with this |
| 17 |
| Section by the agency charged with administering that
provision |
| 18 |
| or initiative, except that the 24-month limitation on the |
| 19 |
| adoption
of emergency rules and the provisions of Sections |
| 20 |
| 5-115 and 5-125 do not apply
to rules adopted under this |
| 21 |
| subsection (g). The adoption of emergency rules
authorized by |
| 22 |
| this subsection (g) shall be deemed to be necessary for the
|
| 23 |
| public interest, safety, and welfare.
|
| 24 |
| (h) In order to provide for the expeditious and timely |
| 25 |
| implementation
of the State's fiscal year 2003 budget, |
| 26 |
| emergency rules to implement any
provision of this amendatory |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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|
| 1 |
| Act of the 92nd General Assembly
or any other budget initiative |
| 2 |
| for fiscal year 2003 may be adopted in
accordance with this |
| 3 |
| Section by the agency charged with administering that
provision |
| 4 |
| or initiative, except that the 24-month limitation on the |
| 5 |
| adoption
of emergency rules and the provisions of Sections |
| 6 |
| 5-115 and 5-125 do not apply
to rules adopted under this |
| 7 |
| subsection (h). The adoption of emergency rules
authorized by |
| 8 |
| this subsection (h) shall be deemed to be necessary for the
|
| 9 |
| public interest, safety, and welfare.
|
| 10 |
| (i) In order to provide for the expeditious and timely |
| 11 |
| implementation
of the State's fiscal year 2004 budget, |
| 12 |
| emergency rules to implement any
provision of this amendatory |
| 13 |
| Act of the 93rd General Assembly
or any other budget initiative |
| 14 |
| for fiscal year 2004 may be adopted in
accordance with this |
| 15 |
| Section by the agency charged with administering that
provision |
| 16 |
| or initiative, except that the 24-month limitation on the |
| 17 |
| adoption
of emergency rules and the provisions of Sections |
| 18 |
| 5-115 and 5-125 do not apply
to rules adopted under this |
| 19 |
| subsection (i). The adoption of emergency rules
authorized by |
| 20 |
| this subsection (i) shall be deemed to be necessary for the
|
| 21 |
| public interest, safety, and welfare.
|
| 22 |
| (j) In order to provide for the expeditious and timely |
| 23 |
| implementation of the provisions of the State's fiscal year |
| 24 |
| 2005 budget as provided under the Fiscal Year 2005 Budget |
| 25 |
| Implementation (Human Services) Act, emergency rules to |
| 26 |
| implement any provision of the Fiscal Year 2005 Budget |
|
|
|
SB0223 Enrolled |
- 15 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Implementation (Human Services) Act may be adopted in |
| 2 |
| accordance with this Section by the agency charged with |
| 3 |
| administering that provision, except that the 24-month |
| 4 |
| limitation on the adoption of emergency rules and the |
| 5 |
| provisions of Sections 5-115 and 5-125 do not apply to rules |
| 6 |
| adopted under this subsection (j). The Department of Public Aid |
| 7 |
| may also adopt rules under this subsection (j) necessary to |
| 8 |
| administer the Illinois Public Aid Code and the Children's |
| 9 |
| Health Insurance Program Act. The adoption of emergency rules |
| 10 |
| authorized by this subsection (j) shall be deemed to be |
| 11 |
| necessary for the public interest, safety, and welfare.
|
| 12 |
| (k) In order to provide for the expeditious and timely |
| 13 |
| implementation of the provisions of the State's fiscal year |
| 14 |
| 2006 budget, emergency rules to implement any provision of this |
| 15 |
| amendatory Act of the 94th General Assembly or any other budget |
| 16 |
| initiative for fiscal year 2006 may be adopted in accordance |
| 17 |
| with this Section by the agency charged with administering that |
| 18 |
| provision or initiative, except that the 24-month limitation on |
| 19 |
| the adoption of emergency rules and the provisions of Sections |
| 20 |
| 5-115 and 5-125 do not apply to rules adopted under this |
| 21 |
| subsection (k). The Department of Healthcare and Family |
| 22 |
| Services may also adopt rules under this subsection (k) |
| 23 |
| necessary to administer the Illinois Public Aid Code, the |
| 24 |
| Senior Citizens and Disabled Persons Property Tax Relief and |
| 25 |
| Pharmaceutical Assistance Act, the Senior Citizens and |
| 26 |
| Disabled Persons Prescription Drug Discount Program Act (now |
|
|
|
SB0223 Enrolled |
- 16 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| the Illinois Prescription Drug Discount Program Act), and the |
| 2 |
| Children's Health Insurance Program Act. The adoption of |
| 3 |
| emergency rules authorized by this subsection (k) shall be |
| 4 |
| deemed to be necessary for the public interest, safety, and |
| 5 |
| welfare.
|
| 6 |
| (l) In order to provide for the expeditious and timely |
| 7 |
| implementation of the provisions of the
State's fiscal year |
| 8 |
| 2007 budget, the Department of Healthcare and Family Services |
| 9 |
| may adopt emergency rules during fiscal year 2007, including |
| 10 |
| rules effective July 1, 2007, in
accordance with this |
| 11 |
| subsection to the extent necessary to administer the |
| 12 |
| Department's responsibilities with respect to amendments to |
| 13 |
| the State plans and Illinois waivers approved by the federal |
| 14 |
| Centers for Medicare and Medicaid Services necessitated by the |
| 15 |
| requirements of Title XIX and Title XXI of the federal Social |
| 16 |
| Security Act. The adoption of emergency rules
authorized by |
| 17 |
| this subsection (l) shall be deemed to be necessary for the |
| 18 |
| public interest,
safety, and welfare.
|
| 19 |
| (Source: P.A. 93-20, eff. 6-20-03; 93-829, eff. 7-28-04; |
| 20 |
| 93-841, eff. 7-30-04; 94-48, eff. 7-1-05; 94-838, eff. 6-6-06; |
| 21 |
| revised 10-19-06.)
|
| 22 |
| (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
|
| 23 |
| Sec. 10-65. Licenses.
|
| 24 |
| (a) When any licensing is required by law to be preceded by |
| 25 |
| notice and
an opportunity for a hearing, the provisions of this |
|
|
|
SB0223 Enrolled |
- 17 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Act concerning
contested cases shall apply.
|
| 2 |
| (b) When a licensee has made timely and sufficient |
| 3 |
| application for
the renewal of a license or a new license with |
| 4 |
| reference to any activity
of a continuing nature, the existing |
| 5 |
| license shall continue in full
force and effect until the final |
| 6 |
| agency decision on the application has
been made unless a later |
| 7 |
| date is fixed by order of a reviewing court.
|
| 8 |
| (c) Except as provided in Section 1-27 of the Department of |
| 9 |
| Natural
Resources Act, an application for the renewal of a |
| 10 |
| license or a new license
shall include the applicant's social |
| 11 |
| security number. Each agency shall require
the licensee to |
| 12 |
| certify on the
application form, under penalty of perjury, that |
| 13 |
| he or she is not more than
30 days delinquent in complying with |
| 14 |
| a child support order. Every
application shall state that |
| 15 |
| failure to so certify shall result in
disciplinary action, and |
| 16 |
| that making a false statement may subject
the licensee
to |
| 17 |
| contempt of court. The agency shall notify each applicant or |
| 18 |
| licensee
who
acknowledges a delinquency or who, contrary to his |
| 19 |
| or her certification, is
found to be delinquent or who after |
| 20 |
| receiving notice, fails to comply with a
subpoena or warrant |
| 21 |
| relating to a paternity or a child support proceeding,
that the |
| 22 |
| agency intends to take disciplinary
action. Accordingly, the |
| 23 |
| agency shall provide written notice of the facts
or conduct |
| 24 |
| upon which the agency will rely to support its proposed action
|
| 25 |
| and the applicant or licensee shall be given an opportunity for |
| 26 |
| a hearing
in accordance
with the provisions of the Act |
|
|
|
SB0223 Enrolled |
- 18 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| concerning contested cases. Any delinquency
in complying with a |
| 2 |
| child support order can be remedied by arranging for
payment of |
| 3 |
| past due and current support. Any failure to comply with a
|
| 4 |
| subpoena or warrant relating to a paternity or child support |
| 5 |
| proceeding can be
remedied by complying with the subpoena or |
| 6 |
| warrant. Upon a final finding of
delinquency or failure to |
| 7 |
| comply with a subpoena or warrant, the agency
shall suspend, |
| 8 |
| revoke, or refuse to issue or renew the license.
In cases in |
| 9 |
| which the Department of Healthcare and Family Services |
| 10 |
| (formerly Department of Public Aid) has previously determined |
| 11 |
| that
an applicant or a
licensee is more than 30 days delinquent |
| 12 |
| in the
payment
of child support and has subsequently certified |
| 13 |
| the delinquency to the
licensing agency,
and in cases in which |
| 14 |
| a court has previously determined that an applicant or
licensee |
| 15 |
| has
been in violation of the Non-Support Punishment Act
for |
| 16 |
| more than 60 days,
the licensing agency shall refuse to issue |
| 17 |
| or
renew or shall
revoke or suspend that person's license based |
| 18 |
| solely upon the certification of
delinquency made
by
the |
| 19 |
| Department of Healthcare and Family Services (formerly
|
| 20 |
| Department of Public Aid) or the certification of violation |
| 21 |
| made by the
court. Further process, hearings, or
|
| 22 |
| redetermination of the delinquency or violation by the
|
| 23 |
| licensing agency shall not be required. The licensing agency |
| 24 |
| may issue or
renew a license if the licensee has arranged for |
| 25 |
| payment of
past and current child support obligations in a |
| 26 |
| manner satisfactory to
the
Department of Healthcare and Family |
|
|
|
SB0223 Enrolled |
- 19 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Services (formerly Department of Public Aid) or the court. The |
| 2 |
| licensing agency may impose
conditions,
restrictions, or |
| 3 |
| disciplinary action upon that license.
|
| 4 |
| (d) Except as provided in subsection (c), no agency shall |
| 5 |
| revoke,
suspend, annul, withdraw, amend
materially, or refuse |
| 6 |
| to renew any valid license without first giving
written notice |
| 7 |
| to the licensee of the facts or conduct upon which the
agency |
| 8 |
| will rely to support its proposed action and an opportunity for
|
| 9 |
| a hearing in accordance with the provisions of this Act |
| 10 |
| concerning
contested cases. At the hearing, the licensee shall |
| 11 |
| have the right
to show compliance with all lawful requirements |
| 12 |
| for the retention,
continuation, or renewal of the license. If, |
| 13 |
| however, the agency finds
that the public interest, safety, or |
| 14 |
| welfare imperatively requires
emergency action, and if the |
| 15 |
| agency incorporates a finding to that
effect in its order, |
| 16 |
| summary suspension of a license may be ordered
pending |
| 17 |
| proceedings for revocation or other action. Those proceedings
|
| 18 |
| shall be promptly instituted and determined.
|
| 19 |
| (e) Any application for renewal of a license that contains
|
| 20 |
| required and relevant information, data, material, or |
| 21 |
| circumstances that
were not contained in an application for the |
| 22 |
| existing license shall be
subject to the provisions of |
| 23 |
| subsection (a).
|
| 24 |
| (Source: P.A. 94-40, eff. 1-1-06; revised 12-15-05.)
|
| 25 |
| Section 15. The Freedom of Information Act is amended by |
|
|
|
SB0223 Enrolled |
- 20 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| changing Sections 7 and 7.1 as follows: |
| 2 |
| (5 ILCS 140/7) (from Ch. 116, par. 207)
|
| 3 |
| Sec. 7. Exemptions.
|
| 4 |
| (1) The following shall be exempt from inspection and |
| 5 |
| copying:
|
| 6 |
| (a) Information specifically prohibited from |
| 7 |
| disclosure by federal or
State law or rules and regulations |
| 8 |
| adopted under federal or State law.
|
| 9 |
| (b) Information that, if disclosed, would constitute a |
| 10 |
| clearly
unwarranted invasion of personal privacy, unless |
| 11 |
| the disclosure is
consented to in writing by the individual |
| 12 |
| subjects of the information. The
disclosure of information |
| 13 |
| that bears on the public duties of public
employees and |
| 14 |
| officials shall not be considered an invasion of personal
|
| 15 |
| privacy. Information exempted under this subsection (b) |
| 16 |
| shall include but
is not limited to:
|
| 17 |
| (i) files and personal information maintained with |
| 18 |
| respect to
clients, patients, residents, students or |
| 19 |
| other individuals receiving
social, medical, |
| 20 |
| educational, vocational, financial, supervisory or
|
| 21 |
| custodial care or services directly or indirectly from |
| 22 |
| federal agencies
or public bodies;
|
| 23 |
| (ii) personnel files and personal information |
| 24 |
| maintained with
respect to employees, appointees or |
| 25 |
| elected officials of any public body or
applicants for |
|
|
|
SB0223 Enrolled |
- 21 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| those positions;
|
| 2 |
| (iii) files and personal information maintained |
| 3 |
| with respect to any
applicant, registrant or licensee |
| 4 |
| by any public body cooperating with or
engaged in |
| 5 |
| professional or occupational registration, licensure |
| 6 |
| or discipline;
|
| 7 |
| (iv) information required of any taxpayer in |
| 8 |
| connection with the
assessment or collection of any tax |
| 9 |
| unless disclosure is otherwise required
by State |
| 10 |
| statute;
|
| 11 |
| (v) information revealing the identity of persons |
| 12 |
| who file complaints
with or provide information to |
| 13 |
| administrative, investigative, law enforcement
or |
| 14 |
| penal agencies; provided, however, that identification |
| 15 |
| of witnesses to
traffic accidents, traffic accident |
| 16 |
| reports, and rescue reports may be provided
by agencies |
| 17 |
| of local government, except in a case for which a |
| 18 |
| criminal
investigation is ongoing, without |
| 19 |
| constituting a clearly unwarranted per se
invasion of |
| 20 |
| personal privacy under this subsection; and
|
| 21 |
| (vi) the names, addresses, or other personal |
| 22 |
| information of
participants and registrants in park |
| 23 |
| district, forest preserve district, and
conservation |
| 24 |
| district programs.
|
| 25 |
| (c) Records compiled by any public body for |
| 26 |
| administrative enforcement
proceedings and any law |
|
|
|
SB0223 Enrolled |
- 22 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| enforcement or correctional agency for
law enforcement |
| 2 |
| purposes or for internal matters of a public body,
but only |
| 3 |
| to the extent that disclosure would:
|
| 4 |
| (i) interfere with pending or actually and |
| 5 |
| reasonably contemplated
law enforcement proceedings |
| 6 |
| conducted by any law enforcement or correctional
|
| 7 |
| agency;
|
| 8 |
| (ii) interfere with pending administrative |
| 9 |
| enforcement proceedings
conducted by any public body;
|
| 10 |
| (iii) deprive a person of a fair trial or an |
| 11 |
| impartial hearing;
|
| 12 |
| (iv) unavoidably disclose the identity of a |
| 13 |
| confidential source or
confidential information |
| 14 |
| furnished only by the confidential source;
|
| 15 |
| (v) disclose unique or specialized investigative |
| 16 |
| techniques other than
those generally used and known or |
| 17 |
| disclose internal documents of
correctional agencies |
| 18 |
| related to detection, observation or investigation of
|
| 19 |
| incidents of crime or misconduct;
|
| 20 |
| (vi) constitute an invasion of personal privacy |
| 21 |
| under subsection (b) of
this Section;
|
| 22 |
| (vii) endanger the life or physical safety of law |
| 23 |
| enforcement personnel
or any other person; or
|
| 24 |
| (viii) obstruct an ongoing criminal investigation.
|
| 25 |
| (d) Criminal history record information maintained by |
| 26 |
| State or local
criminal justice agencies, except the |
|
|
|
SB0223 Enrolled |
- 23 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| following which shall be open for
public inspection and |
| 2 |
| copying:
|
| 3 |
| (i) chronologically maintained arrest information, |
| 4 |
| such as traditional
arrest logs or blotters;
|
| 5 |
| (ii) the name of a person in the custody of a law |
| 6 |
| enforcement agency and
the charges for which that |
| 7 |
| person is being held;
|
| 8 |
| (iii) court records that are public;
|
| 9 |
| (iv) records that are otherwise available under |
| 10 |
| State or local law; or
|
| 11 |
| (v) records in which the requesting party is the |
| 12 |
| individual
identified, except as provided under part |
| 13 |
| (vii) of
paragraph (c) of subsection (1) of this |
| 14 |
| Section.
|
| 15 |
| "Criminal history record information" means data |
| 16 |
| identifiable to an
individual and consisting of |
| 17 |
| descriptions or notations of arrests,
detentions, |
| 18 |
| indictments, informations, pre-trial proceedings, trials, |
| 19 |
| or
other formal events in the criminal justice system or |
| 20 |
| descriptions or
notations of criminal charges (including |
| 21 |
| criminal violations of local
municipal ordinances) and the |
| 22 |
| nature of any disposition arising therefrom,
including |
| 23 |
| sentencing, court or correctional supervision, |
| 24 |
| rehabilitation and
release. The term does not apply to |
| 25 |
| statistical records and reports in
which individuals are |
| 26 |
| not identified and from which
their identities are not |
|
|
|
SB0223 Enrolled |
- 24 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| ascertainable, or to information that is for
criminal |
| 2 |
| investigative or intelligence purposes.
|
| 3 |
| (e) Records that relate to or affect the security of |
| 4 |
| correctional
institutions and detention facilities.
|
| 5 |
| (f) Preliminary drafts, notes, recommendations, |
| 6 |
| memoranda and other
records in which opinions are |
| 7 |
| expressed, or policies or actions are
formulated, except |
| 8 |
| that a specific record or relevant portion of a
record |
| 9 |
| shall not be exempt when the record is publicly cited
and |
| 10 |
| identified by the head of the public body. The exemption |
| 11 |
| provided in
this paragraph (f) extends to all those records |
| 12 |
| of officers and agencies
of the General Assembly that |
| 13 |
| pertain to the preparation of legislative
documents.
|
| 14 |
| (g) Trade secrets and commercial or financial |
| 15 |
| information obtained from
a person or business where the |
| 16 |
| trade secrets or information are
proprietary, privileged |
| 17 |
| or confidential, or where disclosure of the trade
secrets |
| 18 |
| or information may cause competitive harm, including: |
| 19 |
| (i) All
information determined to be confidential |
| 20 |
| under Section 4002 of the
Technology Advancement and |
| 21 |
| Development Act. |
| 22 |
| (ii) All trade secrets and commercial or financial |
| 23 |
| information obtained by a public body, including a |
| 24 |
| public pension fund, from a private equity fund or a |
| 25 |
| privately held company within the investment portfolio |
| 26 |
| of a private equity fund as a result of either |
|
|
|
SB0223 Enrolled |
- 25 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| investing or evaluating a potential investment of |
| 2 |
| public funds in a private equity fund. The exemption |
| 3 |
| contained in this item does not apply to the aggregate |
| 4 |
| financial performance information of a private equity |
| 5 |
| fund, nor to the identity of the fund's managers or |
| 6 |
| general partners. The exemption contained in this item |
| 7 |
| does not apply to the identity of a privately held |
| 8 |
| company within the investment portfolio of a private |
| 9 |
| equity fund, unless the disclosure of the identity of a |
| 10 |
| privately held company may cause competitive harm.
|
| 11 |
| Nothing contained in this
paragraph (g) shall be construed |
| 12 |
| to prevent a person or business from
consenting to disclosure.
|
| 13 |
| (h) Proposals and bids for any contract, grant, or |
| 14 |
| agreement, including
information which if it were |
| 15 |
| disclosed would frustrate procurement or give
an advantage |
| 16 |
| to any person proposing to enter into a contractor |
| 17 |
| agreement
with the body, until an award or final selection |
| 18 |
| is made. Information
prepared by or for the body in |
| 19 |
| preparation of a bid solicitation shall be
exempt until an |
| 20 |
| award or final selection is made.
|
| 21 |
| (i) Valuable formulae,
computer geographic systems,
|
| 22 |
| designs, drawings and research data obtained or
produced by |
| 23 |
| any public body when disclosure could reasonably be |
| 24 |
| expected to
produce private gain or public loss.
The |
| 25 |
| exemption for "computer geographic systems" provided in |
| 26 |
| this paragraph
(i) does not extend to requests made by news |
|
|
|
SB0223 Enrolled |
- 26 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| media as defined in Section 2 of
this Act when the |
| 2 |
| requested information is not otherwise exempt and the only
|
| 3 |
| purpose of the request is to access and disseminate |
| 4 |
| information regarding the
health, safety, welfare, or |
| 5 |
| legal rights of the general public.
|
| 6 |
| (j) Test questions, scoring keys and other examination |
| 7 |
| data used to
administer an academic examination or |
| 8 |
| determined the qualifications of an
applicant for a license |
| 9 |
| or employment.
|
| 10 |
| (k) Architects' plans, engineers' technical |
| 11 |
| submissions, and
other
construction related technical |
| 12 |
| documents for
projects not constructed or developed in |
| 13 |
| whole or in part with public funds
and the same for |
| 14 |
| projects constructed or developed with public funds, but
|
| 15 |
| only to the extent
that disclosure would compromise |
| 16 |
| security, including but not limited to water
treatment |
| 17 |
| facilities, airport facilities, sport stadiums, convention |
| 18 |
| centers,
and all government owned, operated, or occupied |
| 19 |
| buildings.
|
| 20 |
| (l) Library circulation and order records identifying |
| 21 |
| library users with
specific materials.
|
| 22 |
| (m) Minutes of meetings of public bodies closed to the
|
| 23 |
| public as provided in the Open Meetings Act until the |
| 24 |
| public body
makes the minutes available to the public under |
| 25 |
| Section 2.06 of the Open
Meetings Act.
|
| 26 |
| (n) Communications between a public body and an |
|
|
|
SB0223 Enrolled |
- 27 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| attorney or auditor
representing the public body that would |
| 2 |
| not be subject to discovery in
litigation, and materials |
| 3 |
| prepared or compiled by or for a public body in
|
| 4 |
| anticipation of a criminal, civil or administrative |
| 5 |
| proceeding upon the
request of an attorney advising the |
| 6 |
| public body, and materials prepared or
compiled with |
| 7 |
| respect to internal audits of public bodies.
|
| 8 |
| (o) Information received by a primary or secondary |
| 9 |
| school, college or
university under its procedures for the |
| 10 |
| evaluation of faculty members by
their academic peers.
|
| 11 |
| (p) Administrative or technical information associated |
| 12 |
| with automated
data processing operations, including but |
| 13 |
| not limited to software,
operating protocols, computer |
| 14 |
| program abstracts, file layouts, source
listings, object |
| 15 |
| modules, load modules, user guides, documentation
|
| 16 |
| pertaining to all logical and physical design of |
| 17 |
| computerized systems,
employee manuals, and any other |
| 18 |
| information that, if disclosed, would
jeopardize the |
| 19 |
| security of the system or its data or the security of
|
| 20 |
| materials exempt under this Section.
|
| 21 |
| (q) Documents or materials relating to collective |
| 22 |
| negotiating matters
between public bodies and their |
| 23 |
| employees or representatives, except that
any final |
| 24 |
| contract or agreement shall be subject to inspection and |
| 25 |
| copying.
|
| 26 |
| (r) Drafts, notes, recommendations and memoranda |
|
|
|
SB0223 Enrolled |
- 28 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| pertaining to the
financing and marketing transactions of |
| 2 |
| the public body. The records of
ownership, registration, |
| 3 |
| transfer, and exchange of municipal debt
obligations, and |
| 4 |
| of persons to whom payment with respect to these |
| 5 |
| obligations
is made.
|
| 6 |
| (s) The records, documents and information relating to |
| 7 |
| real estate
purchase negotiations until those negotiations |
| 8 |
| have been completed or
otherwise terminated. With regard to |
| 9 |
| a parcel involved in a pending or
actually and reasonably |
| 10 |
| contemplated eminent domain proceeding under the Eminent |
| 11 |
| Domain Act, records, documents and
information relating to |
| 12 |
| that parcel shall be exempt except as may be
allowed under |
| 13 |
| discovery rules adopted by the Illinois Supreme Court. The
|
| 14 |
| records, documents and information relating to a real |
| 15 |
| estate sale shall be
exempt until a sale is consummated.
|
| 16 |
| (t) Any and all proprietary information and records |
| 17 |
| related to the
operation of an intergovernmental risk |
| 18 |
| management association or
self-insurance pool or jointly |
| 19 |
| self-administered health and accident
cooperative or pool.
|
| 20 |
| (u) Information concerning a university's adjudication |
| 21 |
| of student or
employee grievance or disciplinary cases, to |
| 22 |
| the extent that disclosure
would reveal the identity of the |
| 23 |
| student or employee and information
concerning any public |
| 24 |
| body's adjudication of student or employee grievances
or |
| 25 |
| disciplinary cases, except for the final outcome of the |
| 26 |
| cases.
|
|
|
|
SB0223 Enrolled |
- 29 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| (v) Course materials or research materials used by |
| 2 |
| faculty members.
|
| 3 |
| (w) Information related solely to the internal |
| 4 |
| personnel rules and
practices of a public body.
|
| 5 |
| (x) Information contained in or related to |
| 6 |
| examination, operating, or
condition reports prepared by, |
| 7 |
| on behalf of, or for the use of a public
body responsible |
| 8 |
| for the regulation or supervision of financial
|
| 9 |
| institutions or insurance companies, unless disclosure is |
| 10 |
| otherwise
required by State law.
|
| 11 |
| (y) Information the disclosure of which is restricted |
| 12 |
| under Section
5-108 of the Public Utilities Act.
|
| 13 |
| (z) Manuals or instruction to staff that relate to |
| 14 |
| establishment or
collection of liability for any State tax |
| 15 |
| or that relate to investigations
by a public body to |
| 16 |
| determine violation of any criminal law.
|
| 17 |
| (aa) Applications, related documents, and medical |
| 18 |
| records received by
the Experimental Organ Transplantation |
| 19 |
| Procedures Board and any and all
documents or other records |
| 20 |
| prepared by the Experimental Organ
Transplantation |
| 21 |
| Procedures Board or its staff relating to applications
it |
| 22 |
| has received.
|
| 23 |
| (bb) Insurance or self insurance (including any |
| 24 |
| intergovernmental risk
management association or self |
| 25 |
| insurance pool) claims, loss or risk
management |
| 26 |
| information, records, data, advice or communications.
|
|
|
|
SB0223 Enrolled |
- 30 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| (cc) Information and records held by the Department of |
| 2 |
| Public Health and
its authorized representatives relating |
| 3 |
| to known or suspected cases of
sexually transmissible |
| 4 |
| disease or any information the disclosure of which
is |
| 5 |
| restricted under the Illinois Sexually Transmissible |
| 6 |
| Disease Control Act.
|
| 7 |
| (dd) Information the disclosure of which is exempted |
| 8 |
| under Section 30
of the Radon Industry Licensing Act.
|
| 9 |
| (ee) Firm performance evaluations under Section 55 of |
| 10 |
| the
Architectural, Engineering, and Land Surveying |
| 11 |
| Qualifications Based
Selection Act.
|
| 12 |
| (ff) Security portions of system safety program plans, |
| 13 |
| investigation
reports, surveys, schedules, lists, data, or |
| 14 |
| information compiled, collected,
or prepared by or for the |
| 15 |
| Regional Transportation Authority under Section 2.11
of |
| 16 |
| the Regional Transportation Authority Act or the St. Clair |
| 17 |
| County Transit
District under the
Bi-State Transit Safety |
| 18 |
| Act.
|
| 19 |
| (gg) Information the disclosure of which is restricted |
| 20 |
| and
exempted under Section 50 of the Illinois Prepaid |
| 21 |
| Tuition Act.
|
| 22 |
| (hh) Information the disclosure of which is
exempted |
| 23 |
| under the State Officials and Employees Ethics Act.
|
| 24 |
| (ii) Beginning July 1, 1999, information that would |
| 25 |
| disclose
or might lead to the disclosure of
secret or |
| 26 |
| confidential information, codes, algorithms, programs, or |
|
|
|
SB0223 Enrolled |
- 31 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| private
keys intended to be used to create electronic or |
| 2 |
| digital signatures under the
Electronic Commerce Security |
| 3 |
| Act.
|
| 4 |
| (jj) Information contained in a local emergency energy |
| 5 |
| plan submitted to
a municipality in accordance with a local |
| 6 |
| emergency energy plan ordinance that
is adopted under |
| 7 |
| Section 11-21.5-5 of the Illinois Municipal Code.
|
| 8 |
| (kk) Information and data concerning the distribution |
| 9 |
| of
surcharge moneys collected and remitted by wireless |
| 10 |
| carriers under the Wireless
Emergency Telephone Safety |
| 11 |
| Act.
|
| 12 |
| (ll) Vulnerability assessments, security measures, and |
| 13 |
| response policies
or plans that are designed to identify, |
| 14 |
| prevent, or respond to potential
attacks upon a community's |
| 15 |
| population or systems, facilities, or installations,
the |
| 16 |
| destruction or contamination of which would constitute a |
| 17 |
| clear and present
danger to the health or safety of the |
| 18 |
| community, but only to the extent that
disclosure could |
| 19 |
| reasonably be expected to jeopardize the effectiveness of |
| 20 |
| the
measures or the safety of the personnel who implement |
| 21 |
| them or the public.
Information exempt under this item may |
| 22 |
| include such things as details
pertaining to the |
| 23 |
| mobilization or deployment of personnel or equipment, to |
| 24 |
| the
operation of communication systems or protocols, or to |
| 25 |
| tactical operations.
|
| 26 |
| (mm) Maps and other records regarding the location or |
|
|
|
SB0223 Enrolled |
- 32 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| security of a
utility's generation, transmission, |
| 2 |
| distribution, storage, gathering,
treatment, or switching |
| 3 |
| facilities.
|
| 4 |
| (nn) Law enforcement officer identification |
| 5 |
| information or
driver
identification
information compiled |
| 6 |
| by a law enforcement agency or the Department of
|
| 7 |
| Transportation
under Section 11-212 of the Illinois |
| 8 |
| Vehicle Code.
|
| 9 |
| (oo) Records and information provided to a residential
|
| 10 |
| health care
facility resident sexual assault
and death |
| 11 |
| review team or the Executive Council under the Abuse |
| 12 |
| Prevention Review Team Act.
|
| 13 |
| (pp) Information provided to the predatory lending |
| 14 |
| database created pursuant to Article 3 of the Residential |
| 15 |
| Real Property Disclosure Act, except to the extent |
| 16 |
| authorized under that Article.
|
| 17 |
| (qq) Defense budgets and petitions for certification |
| 18 |
| of compensation and expenses for court appointed trial |
| 19 |
| counsel as provided under Sections 10 and 15 of the Capital |
| 20 |
| Crimes Litigation Act. This subsection (qq) shall apply |
| 21 |
| until the conclusion of the trial of the case, even if the |
| 22 |
| prosecution chooses not to pursue the death penalty prior |
| 23 |
| to trial or sentencing.
|
| 24 |
| (2) This Section does not authorize withholding of |
| 25 |
| information or limit the
availability of records to the public, |
| 26 |
| except as stated in this Section or
otherwise provided in this |
|
|
|
SB0223 Enrolled |
- 33 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Act.
|
| 2 |
| (Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, |
| 3 |
| eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; |
| 4 |
| 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. |
| 5 |
| 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff. |
| 6 |
| 6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; revised |
| 7 |
| 8-3-06.)
|
| 8 |
| (5 ILCS 140/7.1) (from Ch. 116, par. 207.1)
|
| 9 |
| Sec. 7.1. Nothing in this Act shall be construed to |
| 10 |
| prohibit
publication and dissemination by the Department of |
| 11 |
| Healthcare and Family Services
Public Aid or the
Department of |
| 12 |
| Human Services of the names
and addresses of entities which |
| 13 |
| have had receipt of benefits or payments
under the Illinois |
| 14 |
| Public Aid Code suspended or terminated or future receipt
|
| 15 |
| barred,
pursuant to Section 11-26 of that Code.
|
| 16 |
| (Source: P.A. 89-507, eff. 7-1-97; revised 12-15-05.)
|
| 17 |
| Section 20. The State Records Act is amended by changing |
| 18 |
| Section 7 as follows:
|
| 19 |
| (5 ILCS 160/7) (from Ch. 116, par. 43.10)
|
| 20 |
| Sec. 7. Powers and duties of the Secretary. :
|
| 21 |
| (1) The Secretary, whenever it appears to him to be in the |
| 22 |
| public
interest, may accept for deposit in the State Archives |
| 23 |
| the records of any
agency or of the Legislative or Judicial |
|
|
|
SB0223 Enrolled |
- 34 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| branches of the State government that
are determined by him to |
| 2 |
| have sufficient historical or other value to warrant
the |
| 3 |
| permanent preservation of such records by the State of |
| 4 |
| Illinois. ;
|
| 5 |
| (2) The Secretary may accept for deposit in the State |
| 6 |
| Archives official
papers, photographs, microfilm, electronic |
| 7 |
| and digital records, drawings,
maps, writings, and records of |
| 8 |
| every description of counties,
municipal corporations, |
| 9 |
| political subdivisions and courts of this State, and
records of |
| 10 |
| the federal government pertaining to Illinois, when such |
| 11 |
| materials
are deemed by the Secretary to have sufficient |
| 12 |
| historical or other value to
warrant their continued |
| 13 |
| preservation by the State of
Illinois.
|
| 14 |
| (3) The Secretary, whenever he deems it in the public |
| 15 |
| interest, may
accept for deposit in the State Archives motion |
| 16 |
| picture films, still pictures,
and sound recordings that are |
| 17 |
| appropriate for preservation by the State
government as |
| 18 |
| evidence of its organization, functions and policies.
|
| 19 |
| (4) The Secretary shall be responsible for the custody, |
| 20 |
| use, servicing
and withdrawal of records transferred for |
| 21 |
| deposit in the State Archives. The
Secretary shall observe any |
| 22 |
| rights, limitations, or restrictions imposed by law
relating to |
| 23 |
| the use of records, including the provisions of the Mental |
| 24 |
| Health
and Developmental Disabilities Confidentiality Act |
| 25 |
| which limit access to
certain records or which permit access to |
| 26 |
| certain records only after the
removal of all personally |
|
|
|
SB0223 Enrolled |
- 35 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| identifiable data. Access to restricted records
shall be at the |
| 2 |
| direction of the depositing State agency or, in the case of
|
| 3 |
| records deposited by the legislative or judicial
branches of |
| 4 |
| State government at the direction of the branch which deposited
|
| 5 |
| them, but no limitation on access to such records shall extend |
| 6 |
| more than
75 years after the creation of the records, except as |
| 7 |
| provided in the Mental
Health and Developmental Disabilities |
| 8 |
| Confidentiality Act. The Secretary
shall not impose |
| 9 |
| restrictions on the use of records that are defined by
law as |
| 10 |
| public records or as records open to public inspection. ;
|
| 11 |
| (5) The Secretary shall make provision for the |
| 12 |
| preservation,
arrangement, repair, and rehabilitation, |
| 13 |
| duplication and reproduction,
description, and exhibition of |
| 14 |
| records deposited in the State Archives
as may be needed or |
| 15 |
| appropriate. ;
|
| 16 |
| (6) The Secretary shall make or reproduce and furnish upon |
| 17 |
| demand
authenticated or unauthenticated copies of any of the |
| 18 |
| documents, photographic
material or other records deposited in |
| 19 |
| the State Archives, the public
examination of which is not |
| 20 |
| prohibited by statutory limitations or restrictions
or |
| 21 |
| protected by copyright. The Secretary shall charge a fee |
| 22 |
| therefor in
accordance with the schedule of fees in Section 5.5 |
| 23 |
| of the Secretary of State
Act
10 of "An Act concerning fees and |
| 24 |
| salaries, and to classify the several
counties of this state |
| 25 |
| with reference thereto," approved March 29, 1872, as
amended, |
| 26 |
| except that there shall be no charge for making or |
|
|
|
SB0223 Enrolled |
- 36 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| authentication of
such copies or reproductions furnished to any |
| 2 |
| department or agency of the State
for official use. When any |
| 3 |
| such copy or reproduction is authenticated by the
Great Seal of |
| 4 |
| the State of Illinois and is certified by the Secretary, or in
|
| 5 |
| his name by his authorized representative, such copy or |
| 6 |
| reproduction shall be
admitted in evidence as if it were the |
| 7 |
| original.
|
| 8 |
| (7) Any official of the State of Illinois may turn over to |
| 9 |
| the
Secretary of State, with his consent, for permanent |
| 10 |
| preservation in the
State Archives, any official books, |
| 11 |
| records, documents, original papers,
or files, not in current |
| 12 |
| use in his office, taking a receipt therefor.
|
| 13 |
| (8) (Blank).
|
| 14 |
| (9) The Secretary may cooperate with the Illinois State |
| 15 |
| Genealogical
Society, or its successor organization, for the |
| 16 |
| mutual benefit of the Society
and the Illinois State Archives, |
| 17 |
| with the State Archives furnishing necessary
space for the |
| 18 |
| society to carry on its functions and keep its records, to
|
| 19 |
| receive publications of the Illinois State Genealogical |
| 20 |
| Society, to use members
of the Illinois State Genealogical |
| 21 |
| Society as volunteers in various archival
projects and to store |
| 22 |
| the Illinois State Genealogical Society's film
collections.
|
| 23 |
| (Source: P.A. 92-866, eff. 1-3-03; revised 1-20-03.)
|
| 24 |
| Section 25. The Intergovernmental Cooperation Act is |
| 25 |
| amended by changing Section 3 as follows:
|
|
|
|
SB0223 Enrolled |
- 37 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| (5 ILCS 220/3) (from Ch. 127, par. 743)
|
| 2 |
| Sec. 3. Intergovernmental cooperation. Any power or |
| 3 |
| powers, privileges, functions, or authority exercised or which
|
| 4 |
| may be
exercised by a public agency of this State may be |
| 5 |
| exercised, combined,
transferred, and enjoyed
jointly with any |
| 6 |
| other public agency of this State and jointly with any
public |
| 7 |
| agency of any other state or of the United States to the extent |
| 8 |
| that
laws of such other state or of the United States do not |
| 9 |
| prohibit joint
exercise or enjoyment and except where |
| 10 |
| specifically and expressly prohibited
by law.
This includes, |
| 11 |
| but is not limited to, (i) arrangements between the Illinois
|
| 12 |
| Student Assistance Commission and agencies in other states |
| 13 |
| which issue
professional licenses and (ii) agreements between |
| 14 |
| the Department of Healthcare and Family Services (formerly
|
| 15 |
| Illinois Department of
Public Aid) and public agencies for the |
| 16 |
| establishment and enforcement of child
support orders and for |
| 17 |
| the exchange of information that may be necessary for
the |
| 18 |
| enforcement of those child support orders.
|
| 19 |
| (Source: P.A. 90-18, eff. 7-1-97; 91-298, eff. 7-29-99; revised |
| 20 |
| 12-15-05.)
|
| 21 |
| Section 30. The Illinois Public Labor Relations Act is |
| 22 |
| amended by changing Sections 3, 9, and 15 as follows: |
| 23 |
| (5 ILCS 315/3) (from Ch. 48, par. 1603)
|
|
|
|
SB0223 Enrolled |
- 38 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Sec. 3. Definitions. As used in this Act, unless the |
| 2 |
| context
otherwise requires:
|
| 3 |
| (a) "Board" means the Illinois
Labor Relations Board or, |
| 4 |
| with respect to a matter over which the
jurisdiction of the |
| 5 |
| Board is assigned to the State Panel or the Local Panel
under |
| 6 |
| Section 5, the panel having jurisdiction over the matter.
|
| 7 |
| (b) "Collective bargaining" means bargaining over terms |
| 8 |
| and conditions
of employment, including hours, wages, and other |
| 9 |
| conditions of employment,
as detailed in Section 7 and which |
| 10 |
| are not excluded by Section 4.
|
| 11 |
| (c) "Confidential employee" means an employee who, in the |
| 12 |
| regular course
of his or her duties, assists and acts in a |
| 13 |
| confidential capacity to persons
who formulate, determine, and |
| 14 |
| effectuate management policies with regard
to labor relations |
| 15 |
| or who, in the regular course of his or her duties, has
|
| 16 |
| authorized access to information relating to the effectuation
|
| 17 |
| or review of the employer's collective bargaining policies.
|
| 18 |
| (d) "Craft employees" means skilled journeymen, crafts |
| 19 |
| persons, and their
apprentices and helpers.
|
| 20 |
| (e) "Essential services employees" means those public |
| 21 |
| employees
performing functions so essential that the |
| 22 |
| interruption or termination of
the function will constitute a |
| 23 |
| clear and present danger to the health and
safety of the |
| 24 |
| persons in the affected community.
|
| 25 |
| (f) "Exclusive representative", except with respect to |
| 26 |
| non-State fire
fighters and paramedics employed by fire |
|
|
|
SB0223 Enrolled |
- 39 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| departments and fire protection
districts, non-State peace |
| 2 |
| officers, and peace officers in the
Department of State Police, |
| 3 |
| means the labor organization that has
been (i) designated by |
| 4 |
| the Board as the representative of a majority of public
|
| 5 |
| employees in an appropriate bargaining unit in accordance with |
| 6 |
| the procedures
contained in this Act, (ii) historically
|
| 7 |
| recognized by the State of Illinois or
any political |
| 8 |
| subdivision of the State before July 1, 1984
(the effective |
| 9 |
| date of this
Act) as the exclusive representative of the |
| 10 |
| employees in an appropriate
bargaining unit, (iii) after July |
| 11 |
| 1, 1984 (the
effective date of this Act) recognized by an
|
| 12 |
| employer upon evidence, acceptable to the Board, that the labor
|
| 13 |
| organization has been designated as the exclusive |
| 14 |
| representative by a
majority of the employees in an appropriate |
| 15 |
| bargaining unit;
(iv) recognized as the exclusive |
| 16 |
| representative of personal care attendants
or personal
|
| 17 |
| assistants under Executive Order 2003-8 prior to the effective |
| 18 |
| date of this
amendatory
Act of the 93rd General Assembly, and |
| 19 |
| the organization shall be considered to
be the
exclusive |
| 20 |
| representative of the personal care attendants or personal |
| 21 |
| assistants
as defined
in this Section; or (v) recognized as the |
| 22 |
| exclusive representative of child and day care home providers, |
| 23 |
| including licensed and license exempt providers, pursuant to an |
| 24 |
| election held under Executive Order 2005-1 prior to the |
| 25 |
| effective date of this amendatory Act of the 94th General |
| 26 |
| Assembly, and the organization shall be considered to be the |
|
|
|
SB0223 Enrolled |
- 40 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| exclusive representative of the child and day care home |
| 2 |
| providers as defined in this Section.
|
| 3 |
| With respect to non-State fire fighters and paramedics |
| 4 |
| employed by fire
departments and fire protection districts, |
| 5 |
| non-State peace officers, and
peace officers in the Department |
| 6 |
| of State Police,
"exclusive representative" means the labor |
| 7 |
| organization that has
been (i) designated by the Board as the |
| 8 |
| representative of a majority of peace
officers or fire fighters |
| 9 |
| in an appropriate bargaining unit in accordance
with the |
| 10 |
| procedures contained in this Act, (ii)
historically recognized
|
| 11 |
| by the State of Illinois or any political subdivision of the |
| 12 |
| State before
January 1, 1986 (the effective date of this |
| 13 |
| amendatory Act of 1985) as the exclusive
representative by a |
| 14 |
| majority of the peace officers or fire fighters in an
|
| 15 |
| appropriate bargaining unit, or (iii) after January 1,
1986 |
| 16 |
| (the effective date of this amendatory
Act of 1985) recognized |
| 17 |
| by an employer upon evidence, acceptable to the
Board, that the |
| 18 |
| labor organization has been designated as the exclusive
|
| 19 |
| representative by a majority of the peace officers or fire |
| 20 |
| fighters in an
appropriate bargaining unit.
|
| 21 |
| (g) "Fair share agreement" means an agreement between the |
| 22 |
| employer and
an employee organization under which all or any of |
| 23 |
| the employees in a
collective bargaining unit are required to |
| 24 |
| pay their proportionate share of
the costs of the collective |
| 25 |
| bargaining process, contract administration, and
pursuing |
| 26 |
| matters affecting wages, hours, and other conditions of |
|
|
|
SB0223 Enrolled |
- 41 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| employment,
but not to exceed the amount of dues uniformly |
| 2 |
| required of members. The
amount certified by the exclusive |
| 3 |
| representative shall not include any fees
for contributions |
| 4 |
| related to the election or support of any candidate for
|
| 5 |
| political office. Nothing in this subsection (g) shall
preclude |
| 6 |
| an employee from making
voluntary political contributions in |
| 7 |
| conjunction with his or her fair share
payment.
|
| 8 |
| (g-1) "Fire fighter" means, for the purposes of this Act |
| 9 |
| only, any
person who has been or is hereafter appointed to a |
| 10 |
| fire department or fire
protection district or employed by a |
| 11 |
| state university and sworn or
commissioned to perform fire |
| 12 |
| fighter duties or paramedic duties, except that the
following |
| 13 |
| persons are not included: part-time fire fighters,
auxiliary, |
| 14 |
| reserve or voluntary fire fighters, including paid on-call fire
|
| 15 |
| fighters, clerks and dispatchers or other civilian employees of |
| 16 |
| a fire
department or fire protection district who are not |
| 17 |
| routinely expected to
perform fire fighter duties, or elected |
| 18 |
| officials.
|
| 19 |
| (g-2) "General Assembly of the State of Illinois" means the
|
| 20 |
| legislative branch of the government of the State of Illinois, |
| 21 |
| as provided
for under Article IV of the Constitution of the |
| 22 |
| State of Illinois, and
includes but is not limited to the House |
| 23 |
| of Representatives, the Senate,
the Speaker of the House of |
| 24 |
| Representatives, the Minority Leader of the
House of |
| 25 |
| Representatives, the President of the Senate, the Minority |
| 26 |
| Leader
of the Senate, the Joint Committee on Legislative |
|
|
|
SB0223 Enrolled |
- 42 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Support Services and any
legislative support services agency |
| 2 |
| listed in the Legislative Commission
Reorganization Act of |
| 3 |
| 1984.
|
| 4 |
| (h) "Governing body" means, in the case of the State, the |
| 5 |
| State Panel of
the Illinois Labor Relations Board, the Director |
| 6 |
| of the Department of Central
Management Services, and the |
| 7 |
| Director of the Department of Labor; the county
board in the |
| 8 |
| case of a county; the corporate authorities in the case of a
|
| 9 |
| municipality; and the appropriate body authorized to provide |
| 10 |
| for expenditures
of its funds in the case of any other unit of |
| 11 |
| government.
|
| 12 |
| (i) "Labor organization" means any organization in which |
| 13 |
| public employees
participate and that exists for the purpose, |
| 14 |
| in whole or in part, of dealing
with a public employer |
| 15 |
| concerning wages, hours, and other terms and conditions
of |
| 16 |
| employment, including the settlement of grievances.
|
| 17 |
| (j) "Managerial employee" means an individual who is |
| 18 |
| engaged
predominantly in executive and management functions |
| 19 |
| and is charged with the
responsibility of directing the |
| 20 |
| effectuation of management policies
and practices.
|
| 21 |
| (k) "Peace officer" means, for the purposes of this Act |
| 22 |
| only, any
persons who have been or are hereafter appointed to a |
| 23 |
| police force,
department, or agency and sworn or commissioned |
| 24 |
| to perform police duties,
except that the following persons are |
| 25 |
| not
included: part-time police
officers, special police |
| 26 |
| officers, auxiliary police as defined by Section
3.1-30-20 of |
|
|
|
SB0223 Enrolled |
- 43 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| the Illinois Municipal Code, night watchmen, "merchant |
| 2 |
| police",
court security officers as defined by Section 3-6012.1 |
| 3 |
| of the Counties
Code,
temporary employees, traffic guards or |
| 4 |
| wardens, civilian parking meter and
parking facilities |
| 5 |
| personnel or other individuals specially appointed to
aid or |
| 6 |
| direct traffic at or near schools or public functions or to aid |
| 7 |
| in
civil defense or disaster, parking enforcement employees who |
| 8 |
| are not
commissioned as peace officers and who are not armed |
| 9 |
| and who are not
routinely expected to effect arrests, parking |
| 10 |
| lot attendants, clerks and
dispatchers or other civilian |
| 11 |
| employees of a police department who are not
routinely expected |
| 12 |
| to effect arrests, or elected officials.
|
| 13 |
| (l) "Person" includes one or more individuals, labor |
| 14 |
| organizations, public
employees, associations, corporations, |
| 15 |
| legal representatives, trustees,
trustees in bankruptcy, |
| 16 |
| receivers, or the State of Illinois or any political
|
| 17 |
| subdivision of the State or governing body, but does not |
| 18 |
| include the General
Assembly of the State of Illinois or any |
| 19 |
| individual employed by the General
Assembly of the State of |
| 20 |
| Illinois.
|
| 21 |
| (m) "Professional employee" means any employee engaged in |
| 22 |
| work predominantly
intellectual and varied in character rather |
| 23 |
| than routine mental, manual,
mechanical or physical work; |
| 24 |
| involving the consistent exercise of discretion
and adjustment |
| 25 |
| in its performance; of such a character that the output |
| 26 |
| produced
or the result accomplished cannot be standardized in |
|
|
|
SB0223 Enrolled |
- 44 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| relation to a given
period of time; and requiring advanced |
| 2 |
| knowledge in a field of science or
learning customarily |
| 3 |
| acquired by a prolonged course of specialized intellectual
|
| 4 |
| instruction and study in an institution of higher learning or a |
| 5 |
| hospital,
as distinguished from a general academic education or |
| 6 |
| from apprenticeship
or from training in the performance of |
| 7 |
| routine mental, manual, or physical
processes; or any employee |
| 8 |
| who has completed the courses of specialized
intellectual |
| 9 |
| instruction and study prescribed in this subsection (m) and is
|
| 10 |
| performing related
work under the supervision of a professional |
| 11 |
| person to qualify to become
a professional employee as defined |
| 12 |
| in this subsection (m).
|
| 13 |
| (n) "Public employee" or "employee", for the purposes of |
| 14 |
| this Act, means
any individual employed by a public employer, |
| 15 |
| including (i) interns and residents
at public hospitals, (ii) |
| 16 |
| as of the effective date of this amendatory Act of the 93rd |
| 17 |
| General
Assembly, but not
before, personal care attendants and |
| 18 |
| personal assistants working under the Home
Services
Program |
| 19 |
| under Section 3 of the Disabled Persons Rehabilitation Act, |
| 20 |
| subject to
the
limitations set forth in this Act and in the |
| 21 |
| Disabled Persons Rehabilitation
Act,
and (iii) as of the |
| 22 |
| effective date of this amendatory Act of the 94th General |
| 23 |
| Assembly, but not before, child and day care home providers |
| 24 |
| participating in the child care assistance program under |
| 25 |
| Section 9A-11 of the Illinois Public Aid Code, subject to the |
| 26 |
| limitations set forth in this Act and in Section 9A-11 of the |
|
|
|
SB0223 Enrolled |
- 45 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Illinois Public Aid Code, but excluding all of the following: |
| 2 |
| employees of the
General Assembly of the State of Illinois; |
| 3 |
| elected officials; executive
heads of a department; members of |
| 4 |
| boards or commissions; the Executive
Inspectors General; any |
| 5 |
| special Executive Inspectors General; employees of each
Office |
| 6 |
| of an Executive Inspector General;
commissioners and employees |
| 7 |
| of the Executive Ethics Commission; the Auditor
General's |
| 8 |
| Inspector General; employees of the Office of the Auditor |
| 9 |
| General's
Inspector General; the Legislative Inspector |
| 10 |
| General; any special Legislative
Inspectors General; employees |
| 11 |
| of the Office
of the Legislative Inspector General;
|
| 12 |
| commissioners and employees of the Legislative Ethics |
| 13 |
| Commission;
employees
of any
agency, board or commission |
| 14 |
| created by this Act; employees appointed to
State positions of |
| 15 |
| a temporary or emergency nature; all employees of school
|
| 16 |
| districts and higher education institutions except |
| 17 |
| firefighters and peace
officers employed
by a state university; |
| 18 |
| managerial employees; short-term employees;
confidential |
| 19 |
| employees; independent contractors; and supervisors except as
|
| 20 |
| provided in this Act.
|
| 21 |
| Personal care attendants and personal assistants shall not |
| 22 |
| be considered
public
employees for any purposes not |
| 23 |
| specifically provided for in the amendatory Act
of the
93rd |
| 24 |
| General Assembly, including but not limited to, purposes of |
| 25 |
| vicarious
liability in tort
and purposes of statutory |
| 26 |
| retirement or health insurance benefits. Personal
care
|
|
|
|
SB0223 Enrolled |
- 46 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| attendants and personal assistants shall not be covered by the |
| 2 |
| State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
|
| 3 |
| Child and day care home providers shall not be considered |
| 4 |
| public employees for any purposes not specifically provided for |
| 5 |
| in this amendatory Act of the 94th General Assembly, including |
| 6 |
| but not limited to, purposes of vicarious liability in tort and |
| 7 |
| purposes of statutory retirement or health insurance benefits. |
| 8 |
| Child and day care home providers shall not be covered by the |
| 9 |
| State Employees Group Insurance Act of 1971. |
| 10 |
| Notwithstanding Section 9, subsection (c), or any other |
| 11 |
| provisions of
this Act, all peace officers above the rank of |
| 12 |
| captain in
municipalities with more than 1,000,000 inhabitants |
| 13 |
| shall be excluded
from this Act.
|
| 14 |
| (o) Except as otherwise in subsection (o-5), "public |
| 15 |
| employer" or "employer" means the State of Illinois; any
|
| 16 |
| political subdivision of the State, unit of local government or |
| 17 |
| school
district; authorities including departments, divisions, |
| 18 |
| bureaus, boards,
commissions, or other agencies of the |
| 19 |
| foregoing entities; and any person
acting within the scope of |
| 20 |
| his or her authority, express or implied, on
behalf of those |
| 21 |
| entities in dealing with its employees.
As of the effective |
| 22 |
| date of the amendatory Act of the 93rd General Assembly,
but |
| 23 |
| not
before, the State of Illinois shall be considered the |
| 24 |
| employer of the personal
care
attendants and personal |
| 25 |
| assistants working under the Home Services Program
under
|
| 26 |
| Section 3 of the Disabled Persons Rehabilitation Act, subject |
|
|
|
SB0223 Enrolled |
- 47 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| to the
limitations set forth
in this Act and in the Disabled |
| 2 |
| Persons Rehabilitation Act. The State shall not
be
considered |
| 3 |
| to be the employer of personal care attendants and personal
|
| 4 |
| assistants for any
purposes not specifically provided for in |
| 5 |
| this amendatory Act of the 93rd
General
Assembly, including but |
| 6 |
| not limited to, purposes of vicarious liability in tort
and
|
| 7 |
| purposes of statutory retirement or health insurance benefits. |
| 8 |
| Personal care
attendants
and personal assistants shall not be |
| 9 |
| covered by the State Employees Group
Insurance Act of 1971
(5 |
| 10 |
| ILCS 375/).
As of the effective date of this amendatory Act of |
| 11 |
| the 94th General Assembly but not before, the State of Illinois |
| 12 |
| shall be considered the employer of the day and child care home |
| 13 |
| providers participating in the child care assistance program |
| 14 |
| under Section 9A-11 of the Illinois Public Aid Code, subject to |
| 15 |
| the limitations set forth in this Act and in Section 9A-11 of |
| 16 |
| the Illinois Public Aid Code. The State shall not be considered |
| 17 |
| to be the employer of child and day care home providers for any |
| 18 |
| purposes not specifically provided for in this amendatory Act |
| 19 |
| of the 94th General Assembly, including but not limited to, |
| 20 |
| purposes of vicarious liability in tort and purposes of |
| 21 |
| statutory retirement or health insurance benefits. Child and |
| 22 |
| day care home providers shall not be covered by the State |
| 23 |
| Employees Group Insurance Act of 1971. |
| 24 |
| "Public employer" or
"employer" as used in this Act, |
| 25 |
| however, does not
mean and shall not include the General |
| 26 |
| Assembly of the State of Illinois,
the Executive Ethics |
|
|
|
SB0223 Enrolled |
- 48 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Commission, the Offices of the Executive Inspectors
General, |
| 2 |
| the Legislative Ethics Commission, the Office of the |
| 3 |
| Legislative
Inspector General, the Office of the Auditor |
| 4 |
| General's Inspector General,
and educational employers or |
| 5 |
| employers as defined in the Illinois
Educational Labor |
| 6 |
| Relations Act, except with respect to a state university in
its |
| 7 |
| employment of firefighters and peace officers. County boards |
| 8 |
| and county
sheriffs shall be
designated as joint or |
| 9 |
| co-employers of county peace officers appointed
under the |
| 10 |
| authority of a county sheriff. Nothing in this subsection
(o) |
| 11 |
| shall be construed
to prevent the State Panel or the Local |
| 12 |
| Panel
from determining that employers are joint or |
| 13 |
| co-employers.
|
| 14 |
| (o-5) With respect to
wages, fringe
benefits, hours, |
| 15 |
| holidays, vacations, proficiency
examinations, sick leave, and |
| 16 |
| other conditions of
employment, the public employer of public |
| 17 |
| employees who are court reporters, as
defined in the Court |
| 18 |
| Reporters Act, shall be determined as
follows:
|
| 19 |
| (1) For court reporters employed by the Cook County |
| 20 |
| Judicial
Circuit, the chief judge of the Cook County |
| 21 |
| Circuit
Court is the public employer and employer |
| 22 |
| representative.
|
| 23 |
| (2) For court reporters employed by the 12th, 18th, |
| 24 |
| 19th, and, on and after December 4, 2006, the 22nd judicial
|
| 25 |
| circuits, a group consisting of the chief judges of those |
| 26 |
| circuits, acting
jointly by majority vote, is the public |
|
|
|
SB0223 Enrolled |
- 49 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| employer and employer representative.
|
| 2 |
| (3) For court reporters employed by all other judicial |
| 3 |
| circuits,
a group consisting of the chief judges of those |
| 4 |
| circuits, acting jointly by
majority vote, is the public |
| 5 |
| employer and employer representative.
|
| 6 |
| (p) "Security employee" means an employee who is |
| 7 |
| responsible for the
supervision and control of inmates at |
| 8 |
| correctional facilities. The term
also includes other |
| 9 |
| non-security employees in bargaining units having the
majority |
| 10 |
| of employees being responsible for the supervision and control |
| 11 |
| of
inmates at correctional facilities.
|
| 12 |
| (q) "Short-term employee" means an employee who is employed |
| 13 |
| for less
than 2 consecutive calendar quarters during a calendar |
| 14 |
| year and who does
not have a reasonable assurance that he or |
| 15 |
| she will be rehired by the
same employer for the same service |
| 16 |
| in a subsequent calendar year.
|
| 17 |
| (r) "Supervisor" is an employee whose principal work is |
| 18 |
| substantially
different from that of his or her subordinates |
| 19 |
| and who has authority, in the
interest of the employer, to |
| 20 |
| hire, transfer, suspend, lay off, recall,
promote, discharge, |
| 21 |
| direct, reward, or discipline employees, to adjust
their |
| 22 |
| grievances, or to effectively recommend any of those actions, |
| 23 |
| if the
exercise
of that authority is not of a merely routine or |
| 24 |
| clerical nature, but
requires the consistent use of independent |
| 25 |
| judgment. Except with respect to
police employment, the term |
| 26 |
| "supervisor" includes only those individuals
who devote a |
|
|
|
SB0223 Enrolled |
- 50 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| preponderance of their employment time to exercising that
|
| 2 |
| authority, State supervisors notwithstanding. In addition, in |
| 3 |
| determining
supervisory status in police employment, rank |
| 4 |
| shall not be determinative.
The Board shall consider, as |
| 5 |
| evidence of bargaining unit inclusion or
exclusion, the common |
| 6 |
| law enforcement policies and relationships between
police |
| 7 |
| officer ranks and certification under applicable civil service |
| 8 |
| law,
ordinances, personnel codes, or Division 2.1 of Article 10 |
| 9 |
| of the Illinois
Municipal Code, but these factors shall not
be |
| 10 |
| the sole or predominant factors considered by the Board in |
| 11 |
| determining
police supervisory status.
|
| 12 |
| Notwithstanding the provisions of the preceding paragraph, |
| 13 |
| in determining
supervisory status in fire fighter employment, |
| 14 |
| no fire fighter shall be
excluded as a supervisor who has |
| 15 |
| established representation rights under
Section 9 of this Act. |
| 16 |
| Further, in new fire fighter units, employees shall
consist of |
| 17 |
| fire fighters of the rank of company officer and below. If a |
| 18 |
| company officer otherwise qualifies as a supervisor under the |
| 19 |
| preceding paragraph, however, he or she shall
not be included |
| 20 |
| in the fire fighter
unit. If there is no rank between that of |
| 21 |
| chief and the
highest company officer, the employer may |
| 22 |
| designate a position on each
shift as a Shift Commander, and |
| 23 |
| the persons occupying those positions shall
be supervisors. All |
| 24 |
| other ranks above that of company officer shall be
supervisors.
|
| 25 |
| (s) (1) "Unit" means a class of jobs or positions that are |
| 26 |
| held by
employees whose collective interests may suitably |
|
|
|
SB0223 Enrolled |
- 51 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| be represented by a labor
organization for collective |
| 2 |
| bargaining. Except with respect to non-State fire
fighters |
| 3 |
| and paramedics employed by fire departments and fire |
| 4 |
| protection
districts, non-State peace officers, and peace |
| 5 |
| officers in the Department of
State Police, a bargaining |
| 6 |
| unit determined by the Board shall not include both
|
| 7 |
| employees and supervisors, or supervisors only, except as |
| 8 |
| provided in paragraph
(2) of this subsection (s) and except |
| 9 |
| for bargaining units in existence on July
1, 1984 (the |
| 10 |
| effective date of this Act). With respect to non-State fire
|
| 11 |
| fighters and paramedics employed by fire departments and |
| 12 |
| fire protection
districts, non-State peace officers, and |
| 13 |
| peace officers in the Department of
State Police, a |
| 14 |
| bargaining unit determined by the Board shall not include |
| 15 |
| both
supervisors and nonsupervisors, or supervisors only, |
| 16 |
| except as provided in
paragraph (2) of this subsection (s) |
| 17 |
| and except for bargaining units in
existence on January 1, |
| 18 |
| 1986 (the effective date of this amendatory Act of
1985). A |
| 19 |
| bargaining unit determined by the Board to contain peace |
| 20 |
| officers
shall contain no employees other than peace |
| 21 |
| officers unless otherwise agreed to
by the employer and the |
| 22 |
| labor organization or labor organizations involved.
|
| 23 |
| Notwithstanding any other provision of this Act, a |
| 24 |
| bargaining unit, including a
historical bargaining unit, |
| 25 |
| containing sworn peace officers of the Department
of |
| 26 |
| Natural Resources (formerly designated the Department of |
|
|
|
SB0223 Enrolled |
- 52 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Conservation) shall
contain no employees other than such |
| 2 |
| sworn peace officers upon the effective
date of this |
| 3 |
| amendatory Act of 1990 or upon the expiration date of any
|
| 4 |
| collective bargaining agreement in effect upon the |
| 5 |
| effective date of this
amendatory Act of 1990 covering both |
| 6 |
| such sworn peace officers and other
employees.
|
| 7 |
| (2) Notwithstanding the exclusion of supervisors from |
| 8 |
| bargaining units
as provided in paragraph (1) of this |
| 9 |
| subsection (s), a public
employer may agree to permit its |
| 10 |
| supervisory employees to form bargaining units
and may |
| 11 |
| bargain with those units. This Act shall apply if the |
| 12 |
| public employer
chooses to bargain under this subsection.
|
| 13 |
| (3) Public employees who are court reporters, as |
| 14 |
| defined
in the Court Reporters Act,
shall be divided into 3 |
| 15 |
| units for collective bargaining purposes. One unit
shall be |
| 16 |
| court reporters employed by the Cook County Judicial |
| 17 |
| Circuit; one
unit shall be court reporters employed by the |
| 18 |
| 12th, 18th, 19th, and, on and after December 4, 2006, the |
| 19 |
| 22nd judicial
circuits; and one unit shall be court |
| 20 |
| reporters employed by all other
judicial circuits.
|
| 21 |
| (Source: P.A. 93-204, eff. 7-16-03; 93-617, eff. 12-9-03; |
| 22 |
| 94-98, eff. 7-1-05; 94-320, eff. 1-1-06; revised 8-19-05.)
|
| 23 |
| (5 ILCS 315/9) (from Ch. 48, par. 1609)
|
| 24 |
| Sec. 9. Elections; recognition.
|
| 25 |
| (a) Whenever in accordance with such
regulations as may be |
|
|
|
SB0223 Enrolled |
- 53 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| prescribed by the Board a petition has been filed:
|
| 2 |
| (1) by a public employee or group of public employees |
| 3 |
| or any labor
organization acting in their behalf |
| 4 |
| demonstrating that 30% of the public
employees in an |
| 5 |
| appropriate unit (A) wish to be represented for the
|
| 6 |
| purposes of collective bargaining by a labor organization |
| 7 |
| as exclusive
representative, or (B) asserting that the |
| 8 |
| labor organization which has been
certified or is currently |
| 9 |
| recognized by the public employer as bargaining
|
| 10 |
| representative is no longer the representative of the |
| 11 |
| majority of public
employees in the unit; or
|
| 12 |
| (2) by a public employer alleging that one or more |
| 13 |
| labor organizations
have presented to it a claim that they |
| 14 |
| be recognized as the representative
of a majority of the |
| 15 |
| public employees in an appropriate unit,
|
| 16 |
| the Board
shall investigate such petition, and if it has |
| 17 |
| reasonable cause to believe
that a question of representation |
| 18 |
| exists, shall provide for an appropriate
hearing upon due |
| 19 |
| notice. Such hearing shall be held at the offices of
the Board |
| 20 |
| or such other location as the Board deems appropriate.
If it |
| 21 |
| finds upon the record of the hearing that a question of
|
| 22 |
| representation exists, it shall direct an election in |
| 23 |
| accordance with
subsection (d) of this Section, which election |
| 24 |
| shall be held not later than
120 days after the date the |
| 25 |
| petition was filed regardless of whether that
petition was |
| 26 |
| filed before or after the effective date of this amendatory
Act |
|
|
|
SB0223 Enrolled |
- 54 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| of 1987; provided, however, the Board may extend the time for |
| 2 |
| holding an
election by an additional 60 days if, upon motion by |
| 3 |
| a person who has filed
a petition under this Section or is the |
| 4 |
| subject of a petition filed under
this Section and is a party |
| 5 |
| to such hearing, or upon the Board's own
motion, the Board |
| 6 |
| finds that good cause has been shown for extending the
election |
| 7 |
| date; provided further, that nothing in this Section shall |
| 8 |
| prohibit
the Board, in its discretion, from extending the time |
| 9 |
| for holding an
election for so long as may be necessary under |
| 10 |
| the circumstances, where the
purpose for such extension is to |
| 11 |
| permit resolution by the Board of an
unfair labor practice |
| 12 |
| charge filed by one of the parties to a
representational |
| 13 |
| proceeding against the other based upon conduct which may
|
| 14 |
| either affect the existence of a question concerning |
| 15 |
| representation or have
a tendency to interfere with a fair and |
| 16 |
| free election, where the party
filing the charge has not filed |
| 17 |
| a request to proceed with the election; and
provided further |
| 18 |
| that prior to the expiration of the total time allotted
for |
| 19 |
| holding an election, a person who has filed a petition under |
| 20 |
| this
Section or is the subject of a petition filed under this |
| 21 |
| Section and is a
party to such hearing or the Board, may move |
| 22 |
| for and obtain the entry
of an order in the circuit court of |
| 23 |
| the county in which the majority of the
public employees sought |
| 24 |
| to be represented by such person reside, such order
extending |
| 25 |
| the date upon which the election shall be held. Such order |
| 26 |
| shall
be issued by the circuit court only upon a judicial |
|
|
|
SB0223 Enrolled |
- 55 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| finding that there has
been a sufficient showing that there is |
| 2 |
| good cause to extend the election
date beyond such period and |
| 3 |
| shall require the Board to hold the
election as soon as is |
| 4 |
| feasible given the totality of the circumstances.
Such 120 day |
| 5 |
| period may be extended one or more times by the agreement
of |
| 6 |
| all parties to the hearing to a date certain without the |
| 7 |
| necessity of
obtaining a court order. Nothing in this Section |
| 8 |
| prohibits the waiving
of hearings by stipulation for the |
| 9 |
| purpose of a consent election in conformity
with the rules and |
| 10 |
| regulations of the Board or an election in a unit agreed
upon |
| 11 |
| by the parties. Other interested employee organizations may |
| 12 |
| intervene
in the proceedings in the manner and within the time |
| 13 |
| period specified by
rules and regulations of the Board. |
| 14 |
| Interested parties who are necessary
to the proceedings may |
| 15 |
| also intervene in the proceedings in the manner and
within the |
| 16 |
| time period specified by the rules and regulations of the |
| 17 |
| Board.
|
| 18 |
| (a-5) The Board shall designate an exclusive |
| 19 |
| representative for purposes
of
collective bargaining when the |
| 20 |
| representative demonstrates a showing of
majority interest by |
| 21 |
| employees in the unit. If the parties to a dispute are
without
|
| 22 |
| agreement on the means to ascertain the choice, if any, of |
| 23 |
| employee
organization
as their representative, the Board shall |
| 24 |
| ascertain the employees' choice of
employee organization, on |
| 25 |
| the basis of dues deduction authorization and other
evidence, |
| 26 |
| or, if necessary, by conducting an election. If either party |
|
|
|
SB0223 Enrolled |
- 56 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| provides
to the Board, before the designation of a |
| 2 |
| representative, clear and convincing
evidence that the dues |
| 3 |
| deduction authorizations, and other evidence upon which
the |
| 4 |
| Board would otherwise rely to ascertain the employees' choice |
| 5 |
| of
representative, are fraudulent or were obtained through |
| 6 |
| coercion, the Board
shall promptly thereafter conduct an |
| 7 |
| election. The Board shall also investigate
and consider a |
| 8 |
| party's allegations that the dues deduction authorizations and
|
| 9 |
| other evidence submitted in support of a designation of |
| 10 |
| representative without
an election were subsequently changed, |
| 11 |
| altered, withdrawn, or withheld as a
result of employer fraud, |
| 12 |
| coercion, or any other unfair labor practice by the
employer. |
| 13 |
| If the Board determines that a labor organization would have |
| 14 |
| had a
majority interest but for an employer's fraud, coercion, |
| 15 |
| or unfair labor
practice, it shall designate the labor |
| 16 |
| organization as an exclusive
representative without conducting |
| 17 |
| an
election.
|
| 18 |
| (b) The Board shall decide in each case, in order to assure |
| 19 |
| public employees
the fullest freedom in exercising the rights |
| 20 |
| guaranteed by this Act, a unit
appropriate for the purpose of |
| 21 |
| collective bargaining, based upon but not
limited to such |
| 22 |
| factors as: historical pattern of recognition; community
of |
| 23 |
| interest including employee skills and functions; degree of |
| 24 |
| functional
integration; interchangeability and contact among |
| 25 |
| employees; fragmentation
of employee groups; common |
| 26 |
| supervision, wages, hours and other working
conditions of the |
|
|
|
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| employees involved; and the desires of the employees.
For |
| 2 |
| purposes of this subsection, fragmentation shall not be the |
| 3 |
| sole or
predominant factor used by the Board in determining an |
| 4 |
| appropriate
bargaining unit. Except with respect to non-State |
| 5 |
| fire fighters and
paramedics employed by fire departments and |
| 6 |
| fire protection districts,
non-State peace officers and peace |
| 7 |
| officers in the State
Department of State Police, a single |
| 8 |
| bargaining unit determined by the
Board may not include both |
| 9 |
| supervisors and nonsupervisors, except for
bargaining units in |
| 10 |
| existence on the effective date of this Act. With
respect to |
| 11 |
| non-State fire fighters and paramedics employed by fire
|
| 12 |
| departments and fire protection districts, non-State peace |
| 13 |
| officers and
peace officers in the State Department of State |
| 14 |
| Police, a single bargaining
unit determined by the Board may |
| 15 |
| not include both supervisors and
nonsupervisors, except for |
| 16 |
| bargaining units in existence on the effective
date of this |
| 17 |
| amendatory Act of 1985.
|
| 18 |
| In cases involving an historical pattern of recognition, |
| 19 |
| and in cases where
the employer has recognized the union as the |
| 20 |
| sole and exclusive bargaining
agent for a specified existing |
| 21 |
| unit, the Board shall find the employees
in the unit then |
| 22 |
| represented by the union pursuant to the recognition to
be the |
| 23 |
| appropriate unit.
|
| 24 |
| Notwithstanding the above factors, where the majority of |
| 25 |
| public employees
of a craft so decide, the Board shall |
| 26 |
| designate such craft as a unit
appropriate for the purposes of |
|
|
|
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| collective bargaining.
|
| 2 |
| The Board shall not decide that any unit is appropriate if |
| 3 |
| such unit
includes both professional and nonprofessional |
| 4 |
| employees, unless a majority
of each group votes for inclusion |
| 5 |
| in such unit.
|
| 6 |
| (c) Nothing in this Act shall interfere with or negate the |
| 7 |
| current
representation rights or patterns and practices of |
| 8 |
| labor organizations
which have historically represented public |
| 9 |
| employees for the purpose of
collective bargaining, including |
| 10 |
| but not limited to the negotiations of
wages, hours and working |
| 11 |
| conditions, discussions of employees' grievances,
resolution |
| 12 |
| of jurisdictional disputes, or the establishment and |
| 13 |
| maintenance
of prevailing wage rates, unless a majority of |
| 14 |
| employees so represented
express a contrary desire pursuant to |
| 15 |
| the procedures set forth in this Act.
|
| 16 |
| (d) In instances where the employer does not voluntarily |
| 17 |
| recognize a labor
organization as the exclusive bargaining |
| 18 |
| representative for a unit of
employees, the Board shall |
| 19 |
| determine the majority representative of the
public employees |
| 20 |
| in an appropriate collective bargaining unit by conducting
a |
| 21 |
| secret ballot election, except as otherwise provided in |
| 22 |
| subsection (a-5).
Within 7 days after the Board issues its
|
| 23 |
| bargaining unit determination and direction of election or the |
| 24 |
| execution of
a stipulation for the purpose of a consent |
| 25 |
| election, the public employer
shall submit to the labor |
| 26 |
| organization the complete names and addresses of
those |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| employees who are determined by the Board to be eligible to
|
| 2 |
| participate in the election. When the Board has determined that |
| 3 |
| a labor
organization has been fairly and freely chosen by a |
| 4 |
| majority of employees
in an appropriate unit, it shall certify |
| 5 |
| such organization as the exclusive
representative. If the Board |
| 6 |
| determines that a majority of employees in an
appropriate unit |
| 7 |
| has fairly and freely chosen not to be represented by a
labor |
| 8 |
| organization, it shall so certify. The Board may also revoke |
| 9 |
| the
certification of the public employee organizations as |
| 10 |
| exclusive bargaining
representatives which have been found by a |
| 11 |
| secret ballot election to be no
longer the majority |
| 12 |
| representative.
|
| 13 |
| (e) The Board shall not conduct an election in any |
| 14 |
| bargaining unit or
any subdivision thereof within which a valid |
| 15 |
| election has been held in the
preceding 12-month period. The |
| 16 |
| Board shall determine who is eligible to
vote in an election |
| 17 |
| and shall establish rules governing the conduct of the
election |
| 18 |
| or conduct affecting the results of the election. The Board |
| 19 |
| shall
include on a ballot in a representation election a choice |
| 20 |
| of "no
representation". A labor organization currently |
| 21 |
| representing the bargaining
unit of employees shall be placed |
| 22 |
| on the ballot in any representation
election. In any election |
| 23 |
| where none of the choices on the ballot receives
a majority, a |
| 24 |
| runoff election shall be conducted between the 2 choices
|
| 25 |
| receiving the largest number of valid votes cast in the |
| 26 |
| election. A labor
organization which receives a majority of the |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| votes cast in an election
shall be certified by the Board as |
| 2 |
| exclusive representative of all public
employees in the unit.
|
| 3 |
| (f) A labor
organization shall be designated as the |
| 4 |
| exclusive representative by a
public employer, provided that |
| 5 |
| the labor
organization represents a majority of the public |
| 6 |
| employees in an
appropriate unit. Any employee organization |
| 7 |
| which is designated or selected
by the majority of public |
| 8 |
| employees, in a unit of the public employer
having no other |
| 9 |
| recognized or certified representative, as their
|
| 10 |
| representative for purposes of collective bargaining may |
| 11 |
| request
recognition by the public employer in writing. The |
| 12 |
| public employer shall
post such request for a period of at |
| 13 |
| least 20 days following its receipt
thereof on bulletin boards |
| 14 |
| or other places used or reserved for employee
notices.
|
| 15 |
| (g) Within the 20-day period any other interested employee |
| 16 |
| organization
may petition the Board in the manner specified by |
| 17 |
| rules and regulations
of the Board, provided that such |
| 18 |
| interested employee organization has been
designated by at |
| 19 |
| least 10% of the employees in an appropriate bargaining
unit |
| 20 |
| which includes all or some of the employees in the unit |
| 21 |
| recognized
by the employer. In such event, the Board shall |
| 22 |
| proceed with the petition
in the same manner as provided by |
| 23 |
| paragraph (1) of subsection (a) of this
Section.
|
| 24 |
| (h) No election shall be directed by the Board in any |
| 25 |
| bargaining unit
where there is in force a valid collective |
| 26 |
| bargaining agreement. The Board,
however, may process an |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| election petition filed between 90 and 60 days prior
to the |
| 2 |
| expiration of the date of an agreement, and may further refine, |
| 3 |
| by
rule or decision, the implementation of this provision.
|
| 4 |
| Where more than 4 years have elapsed since the effective date |
| 5 |
| of the agreement,
the agreement shall continue to bar an |
| 6 |
| election, except that the Board may
process an election |
| 7 |
| petition filed between 90 and 60 days prior to the end of
the |
| 8 |
| fifth year of such an agreement, and between 90 and 60 days |
| 9 |
| prior to the
end of each successive year of such agreement.
|
| 10 |
| (i) An order of the Board dismissing a representation |
| 11 |
| petition,
determining and certifying that a labor organization |
| 12 |
| has been fairly and
freely chosen by a majority of employees in |
| 13 |
| an appropriate bargaining unit,
determining and certifying |
| 14 |
| that a labor organization has not been fairly
and freely chosen |
| 15 |
| by a majority of employees in the bargaining unit or
certifying |
| 16 |
| a labor organization as the exclusive representative of
|
| 17 |
| employees in an appropriate bargaining unit because of a |
| 18 |
| determination by
the Board that the labor organization is the |
| 19 |
| historical bargaining
representative of employees in the |
| 20 |
| bargaining unit, is a final order. Any
person aggrieved by any |
| 21 |
| such order issued on or after the effective date of
this |
| 22 |
| amendatory Act of 1987 may apply for and obtain judicial review |
| 23 |
| in
accordance with provisions of the Administrative Review Law, |
| 24 |
| as now or
hereafter amended, except that such review shall be |
| 25 |
| afforded directly in
the Appellate Court for the district in |
| 26 |
| which the aggrieved party resides
or transacts business.
Any |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| direct appeal to the Appellate Court shall be filed within 35 |
| 2 |
| days from
the date that a copy of the decision sought to be |
| 3 |
| reviewed was served upon the
party affected by the decision.
|
| 4 |
| (Source: P.A. 93-427, eff. 8-5-03; 93-444, eff. 8-5-03; revised |
| 5 |
| 9-10-03.)
|
| 6 |
| (5 ILCS 315/15) (from Ch. 48, par. 1615)
|
| 7 |
| Sec. 15. Act Takes Precedence. |
| 8 |
| (a) In case of any conflict between the
provisions of this |
| 9 |
| Act and any other law (other than Section 5 of the State |
| 10 |
| Employees Group Insurance Act of 1971), executive order or |
| 11 |
| administrative
regulation relating to wages, hours and |
| 12 |
| conditions of employment and employment
relations, the |
| 13 |
| provisions of this Act or any collective bargaining agreement
|
| 14 |
| negotiated thereunder shall prevail and control.
Nothing in |
| 15 |
| this Act shall be construed to replace or diminish the
rights |
| 16 |
| of employees established by Sections 28 and 28a of the |
| 17 |
| Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 |
| 18 |
| of the Regional Transportation
Authority Act. The provisions of |
| 19 |
| this Act are subject to Section 5 of the State Employees Group |
| 20 |
| Insurance Act of 1971. Nothing in this Act shall be construed |
| 21 |
| to replace the necessity of complaints against a sworn peace |
| 22 |
| officer, as defined in Section 2(a) of the Uniform Peace |
| 23 |
| Officer Disciplinary Act, from having a complaint supported by |
| 24 |
| a sworn affidavit.
|
| 25 |
| (b) Except as provided in subsection (a) above, any |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| collective bargaining
contract between a public employer and a |
| 2 |
| labor organization executed pursuant
to this Act shall |
| 3 |
| supersede any contrary statutes, charters, ordinances, rules
|
| 4 |
| or regulations relating to wages, hours and conditions of |
| 5 |
| employment and
employment relations adopted by the public |
| 6 |
| employer or its agents. Any collective
bargaining agreement |
| 7 |
| entered into prior to the effective date of this Act
shall |
| 8 |
| remain in full force during its duration.
|
| 9 |
| (c) It is the public policy of this State, pursuant to |
| 10 |
| paragraphs (h)
and (i) of Section 6 of Article VII of the |
| 11 |
| Illinois Constitution, that the
provisions of this Act are the |
| 12 |
| exclusive exercise by the State of powers
and functions which |
| 13 |
| might otherwise be exercised by home rule units. Such
powers |
| 14 |
| and functions may not be exercised concurrently, either |
| 15 |
| directly
or indirectly, by any unit of local government, |
| 16 |
| including any home rule
unit, except as otherwise authorized by |
| 17 |
| this Act.
|
| 18 |
| (Source: P.A. 93-839, eff. 7-30-04; 93-1006, eff. 8-24-04; |
| 19 |
| revised 10-25-04.)
|
| 20 |
| Section 35. The Military Leave of Absence Act is amended by |
| 21 |
| changing Sections 1 and 1.1 as follows:
|
| 22 |
| (5 ILCS 325/1) (from Ch. 129, par. 501)
|
| 23 |
| Sec. 1. Leave of absence.
|
| 24 |
| (a) Any full-time employee of the State of Illinois, a unit |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| of local
government, or a school district, other than an |
| 2 |
| independent
contractor, who is a member of any reserve
|
| 3 |
| component of the United States Armed Forces or of any reserve |
| 4 |
| component
of the Illinois State Militia, shall be granted leave |
| 5 |
| from his or her
public employment
for any period actively spent |
| 6 |
| in military
service, including:
|
| 7 |
| (1) basic training;
|
| 8 |
| (2) special or advanced training, whether or not within the |
| 9 |
| State, and
whether or not voluntary; and
|
| 10 |
| (3) annual training.
|
| 11 |
| During these leaves, the employee's seniority
and other |
| 12 |
| benefits shall continue
to accrue.
|
| 13 |
| During leaves for annual training, the employee shall |
| 14 |
| continue to receive
his or her regular compensation as a public |
| 15 |
| employee.
During leaves for basic training and up to 60 days of |
| 16 |
| special or advanced
training, if the employee's compensation |
| 17 |
| for military activities
is less
than his or her compensation as |
| 18 |
| a public employee, he or
she shall receive his or her regular
|
| 19 |
| compensation as a public employee minus the amount of his or
|
| 20 |
| her base pay for military
activities.
|
| 21 |
| (b) Any full-time employee of the State of Illinois, other |
| 22 |
| than an
independent contractor, who is a member of the Illinois |
| 23 |
| National Guard or a
reserve component of the United States |
| 24 |
| Armed Forces or the Illinois State
Militia and who is mobilized |
| 25 |
| to active duty shall continue during the period of
active duty |
| 26 |
| to receive his or her benefits and regular compensation as a |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| State
employee, minus an amount equal to his or her military |
| 2 |
| active duty base pay.
The
Department of Central Management |
| 3 |
| Services and the State
Comptroller shall coordinate in the |
| 4 |
| development of procedures for the
implementation of this |
| 5 |
| Section.
|
| 6 |
| (Source: P.A. 93-409, eff. 8-4-03; 93-537, eff. 1-1-04; revised |
| 7 |
| 9-11-03.)
|
| 8 |
| (5 ILCS 325/1.1)
|
| 9 |
| Sec. 1.1. Home rule. A home rule unit may not regulate its |
| 10 |
| employees in a
manner that is inconsistent with this Act. This |
| 11 |
| Section is a limitation under
subsection (i) of Section 6, of |
| 12 |
| Article VII of the Illinois Constitution on
the concurrent |
| 13 |
| exercise by home rule units of powers and functions exercised |
| 14 |
| by
the State.
|
| 15 |
| (Source: P.A. 93-409, eff. 8-4-03; revised 10-9-03.)
|
| 16 |
| Section 40. The State Employees Group Insurance Act of 1971 |
| 17 |
| is amended by changing Sections 3, 8, and 10 as follows:
|
| 18 |
| (5 ILCS 375/3) (from Ch. 127, par. 523)
|
| 19 |
| Sec. 3. Definitions. Unless the context otherwise |
| 20 |
| requires, the
following words and phrases as used in this Act |
| 21 |
| shall have the following
meanings. The Department may define |
| 22 |
| these and other words and phrases
separately for the purpose of |
| 23 |
| implementing specific programs providing benefits
under this |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Act.
|
| 2 |
| (a) "Administrative service organization" means any |
| 3 |
| person, firm or
corporation experienced in the handling of |
| 4 |
| claims which is
fully qualified, financially sound and capable |
| 5 |
| of meeting the service
requirements of a contract of |
| 6 |
| administration executed with the Department.
|
| 7 |
| (b) "Annuitant" means (1) an employee who retires, or has |
| 8 |
| retired,
on or after January 1, 1966 on an immediate annuity |
| 9 |
| under the provisions
of Articles 2, 14 (including an employee |
| 10 |
| who has elected to receive an alternative retirement |
| 11 |
| cancellation payment under Section 14-108.5 of the Illinois |
| 12 |
| Pension Code in lieu of an annuity), 15 (including an employee |
| 13 |
| who has retired under the optional
retirement program |
| 14 |
| established under Section 15-158.2),
paragraphs (2), (3), or |
| 15 |
| (5) of Section 16-106, or
Article 18 of the Illinois Pension |
| 16 |
| Code; (2) any person who was receiving
group insurance coverage |
| 17 |
| under this Act as of March 31, 1978 by
reason of his status as |
| 18 |
| an annuitant, even though the annuity in relation
to which such |
| 19 |
| coverage was provided is a proportional annuity based on less
|
| 20 |
| than the minimum period of service required for a retirement |
| 21 |
| annuity in
the system involved; (3) any person not otherwise |
| 22 |
| covered by this Act
who has retired as a participating member |
| 23 |
| under Article 2 of the Illinois
Pension Code but is ineligible |
| 24 |
| for the retirement annuity under Section
2-119 of the Illinois |
| 25 |
| Pension Code; (4) the spouse of any person who
is receiving a |
| 26 |
| retirement annuity under Article 18 of the Illinois Pension
|
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Code and who is covered under a group health insurance program |
| 2 |
| sponsored
by a governmental employer other than the State of |
| 3 |
| Illinois and who has
irrevocably elected to waive his or her |
| 4 |
| coverage under this Act and to have
his or her spouse |
| 5 |
| considered as the "annuitant" under this Act and not as
a |
| 6 |
| "dependent"; or (5) an employee who retires, or has retired, |
| 7 |
| from a
qualified position, as determined according to rules |
| 8 |
| promulgated by the
Director, under a qualified local |
| 9 |
| government, a qualified rehabilitation
facility, a qualified |
| 10 |
| domestic violence shelter or service, or a qualified child |
| 11 |
| advocacy center. (For definition
of "retired employee", see (p) |
| 12 |
| post).
|
| 13 |
| (b-5) "New SERS annuitant" means a person who, on or after |
| 14 |
| January 1,
1998, becomes an annuitant, as defined in subsection |
| 15 |
| (b), by virtue of
beginning to receive a retirement annuity |
| 16 |
| under Article 14 of the Illinois
Pension Code (including an |
| 17 |
| employee who has elected to receive an alternative retirement |
| 18 |
| cancellation payment under Section 14-108.5 of that Code in |
| 19 |
| lieu of an annuity), and is eligible to participate in the |
| 20 |
| basic program of group
health benefits provided for annuitants |
| 21 |
| under this Act.
|
| 22 |
| (b-6) "New SURS annuitant" means a person who (1) on or |
| 23 |
| after January 1,
1998, becomes an annuitant, as defined in |
| 24 |
| subsection (b), by virtue of
beginning to receive a retirement |
| 25 |
| annuity under Article 15 of the Illinois
Pension Code, (2) has |
| 26 |
| not made the election authorized under Section 15-135.1
of the |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Illinois Pension Code, and (3) is eligible to participate in |
| 2 |
| the basic
program of group
health benefits provided for |
| 3 |
| annuitants under this Act.
|
| 4 |
| (b-7) "New TRS State annuitant" means a person who, on or |
| 5 |
| after July
1, 1998, becomes an annuitant, as defined in |
| 6 |
| subsection (b), by virtue of
beginning to receive a retirement |
| 7 |
| annuity under Article 16 of the Illinois
Pension Code based on |
| 8 |
| service as a teacher as defined in
paragraph (2), (3), or (5) |
| 9 |
| of Section 16-106 of that Code, and is eligible
to participate |
| 10 |
| in the basic program of group health benefits provided for
|
| 11 |
| annuitants under this Act.
|
| 12 |
| (c) "Carrier" means (1) an insurance company, a corporation |
| 13 |
| organized
under the Limited Health Service Organization Act or |
| 14 |
| the Voluntary Health
Services Plan Act, a partnership, or other |
| 15 |
| nongovernmental organization,
which is authorized to do group |
| 16 |
| life or group health insurance business in
Illinois, or (2) the |
| 17 |
| State of Illinois as a self-insurer.
|
| 18 |
| (d) "Compensation" means salary or wages payable on a |
| 19 |
| regular
payroll by the State Treasurer on a warrant of the |
| 20 |
| State Comptroller out
of any State, trust or federal fund, or |
| 21 |
| by the Governor of the State
through a disbursing officer of |
| 22 |
| the State out of a trust or out of
federal funds, or by any |
| 23 |
| Department out of State, trust, federal or
other funds held by |
| 24 |
| the State Treasurer or the Department, to any person
for |
| 25 |
| personal services currently performed, and ordinary or |
| 26 |
| accidental
disability benefits under Articles 2, 14, 15 |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| (including ordinary or accidental
disability benefits under |
| 2 |
| the optional retirement program established under
Section |
| 3 |
| 15-158.2), paragraphs (2), (3), or (5) of
Section 16-106, or |
| 4 |
| Article 18 of the Illinois Pension Code, for disability
|
| 5 |
| incurred after January 1, 1966, or benefits payable under the |
| 6 |
| Workers'
Compensation or Occupational Diseases Act or benefits |
| 7 |
| payable under a sick
pay plan established in accordance with |
| 8 |
| Section 36 of the State Finance Act.
"Compensation" also means |
| 9 |
| salary or wages paid to an employee of any
qualified local |
| 10 |
| government, qualified rehabilitation facility,
qualified |
| 11 |
| domestic violence shelter or service, or qualified child |
| 12 |
| advocacy center.
|
| 13 |
| (e) "Commission" means the State Employees Group Insurance |
| 14 |
| Advisory
Commission authorized by this Act. Commencing July 1, |
| 15 |
| 1984, "Commission"
as used in this Act means the Commission on |
| 16 |
| Government Forecasting and Accountability as
established by |
| 17 |
| the Legislative Commission Reorganization Act of 1984.
|
| 18 |
| (f) "Contributory", when referred to as contributory |
| 19 |
| coverage, shall
mean optional coverages or benefits elected by |
| 20 |
| the member toward the cost of
which such member makes |
| 21 |
| contribution, or which are funded in whole or in part
through |
| 22 |
| the acceptance of a reduction in earnings or the foregoing of |
| 23 |
| an
increase in earnings by an employee, as distinguished from |
| 24 |
| noncontributory
coverage or benefits which are paid entirely by |
| 25 |
| the State of Illinois
without reduction of the member's salary.
|
| 26 |
| (g) "Department" means any department, institution, board,
|
|
|
|
SB0223 Enrolled |
- 70 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| commission, officer, court or any agency of the State |
| 2 |
| government
receiving appropriations and having power to |
| 3 |
| certify payrolls to the
Comptroller authorizing payments of |
| 4 |
| salary and wages against such
appropriations as are made by the |
| 5 |
| General Assembly from any State fund, or
against trust funds |
| 6 |
| held by the State Treasurer and includes boards of
trustees of |
| 7 |
| the retirement systems created by Articles 2, 14, 15, 16 and
18 |
| 8 |
| of the Illinois Pension Code. "Department" also includes the |
| 9 |
| Illinois
Comprehensive Health Insurance Board, the Board of |
| 10 |
| Examiners established under
the Illinois Public Accounting |
| 11 |
| Act, and the Illinois Finance Authority.
|
| 12 |
| (h) "Dependent", when the term is used in the context of |
| 13 |
| the health
and life plan, means a member's spouse and any |
| 14 |
| unmarried child (1) from
birth to age 19 including an adopted |
| 15 |
| child, a child who lives with the
member from the time of the |
| 16 |
| filing of a petition for adoption until entry
of an order of |
| 17 |
| adoption, a stepchild or recognized child who lives with the
|
| 18 |
| member in a parent-child relationship, or a child who lives |
| 19 |
| with the member
if such member is a court appointed guardian of |
| 20 |
| the child, or (2)
age 19 to 23 enrolled as a full-time student |
| 21 |
| in any accredited school,
financially dependent upon the |
| 22 |
| member, and eligible to be claimed as a
dependent for income |
| 23 |
| tax purposes, or (3) age 19 or over who is mentally
or |
| 24 |
| physically handicapped. For the purposes of item (2), an |
| 25 |
| unmarried child age 19 to 23 who is a member of the United |
| 26 |
| States Armed Services, including the Illinois National Guard, |
|
|
|
SB0223 Enrolled |
- 71 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| and is mobilized to active duty shall qualify as a dependent |
| 2 |
| beyond the age of 23 and until the age of 25 and while a |
| 3 |
| full-time student for the amount of time spent on active duty |
| 4 |
| between the ages of 19 and 23. The individual attempting to |
| 5 |
| qualify for this additional time must submit written |
| 6 |
| documentation of active duty service to the Director. The |
| 7 |
| changes made by this amendatory Act of the 94th General |
| 8 |
| Assembly apply only to individuals mobilized to active duty in |
| 9 |
| the United States Armed Services, including the Illinois |
| 10 |
| National Guard, on or after January 1, 2002. For
the health |
| 11 |
| plan only, the term "dependent" also includes any person
|
| 12 |
| enrolled prior to the effective date of this Section who is |
| 13 |
| dependent upon
the member to the extent that the member may |
| 14 |
| claim such person as a
dependent for income tax deduction |
| 15 |
| purposes; no other such
person may be enrolled.
For the health |
| 16 |
| plan only, the term "dependent" also includes any person who
|
| 17 |
| has received after June 30, 2000 an organ transplant and who is |
| 18 |
| financially
dependent upon the member and eligible to be |
| 19 |
| claimed as a dependent for income
tax purposes.
|
| 20 |
| (i) "Director" means the Director of the Illinois |
| 21 |
| Department of Central
Management Services.
|
| 22 |
| (j) "Eligibility period" means the period of time a member |
| 23 |
| has to
elect enrollment in programs or to select benefits |
| 24 |
| without regard to
age, sex or health.
|
| 25 |
| (k) "Employee" means and includes each officer or employee |
| 26 |
| in the
service of a department who (1) receives his |
|
|
|
SB0223 Enrolled |
- 72 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| compensation for
service rendered to the department on a |
| 2 |
| warrant issued pursuant to a payroll
certified by a department |
| 3 |
| or on a warrant or check issued and drawn by a
department upon |
| 4 |
| a trust, federal or other fund or on a warrant issued
pursuant |
| 5 |
| to a payroll certified by an elected or duly appointed officer
|
| 6 |
| of the State or who receives payment of the performance of |
| 7 |
| personal
services on a warrant issued pursuant to a payroll |
| 8 |
| certified by a
Department and drawn by the Comptroller upon the |
| 9 |
| State Treasurer against
appropriations made by the General |
| 10 |
| Assembly from any fund or against
trust funds held by the State |
| 11 |
| Treasurer, and (2) is employed full-time or
part-time in a |
| 12 |
| position normally requiring actual performance of duty
during |
| 13 |
| not less than 1/2 of a normal work period, as established by |
| 14 |
| the
Director in cooperation with each department, except that |
| 15 |
| persons elected
by popular vote will be considered employees |
| 16 |
| during the entire
term for which they are elected regardless of |
| 17 |
| hours devoted to the
service of the State, and (3) except that |
| 18 |
| "employee" does not include any
person who is not eligible by |
| 19 |
| reason of such person's employment to
participate in one of the |
| 20 |
| State retirement systems under Articles 2, 14, 15
(either the |
| 21 |
| regular Article 15 system or the optional retirement program
|
| 22 |
| established under Section 15-158.2) or 18, or under paragraph |
| 23 |
| (2), (3), or
(5) of Section 16-106, of the Illinois
Pension |
| 24 |
| Code, but such term does include persons who are employed |
| 25 |
| during
the 6 month qualifying period under Article 14 of the |
| 26 |
| Illinois Pension
Code. Such term also includes any person who |
|
|
|
SB0223 Enrolled |
- 73 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| (1) after January 1, 1966,
is receiving ordinary or accidental |
| 2 |
| disability benefits under Articles
2, 14, 15 (including |
| 3 |
| ordinary or accidental disability benefits under the
optional |
| 4 |
| retirement program established under Section 15-158.2), |
| 5 |
| paragraphs
(2), (3), or (5) of Section 16-106, or Article 18 of |
| 6 |
| the
Illinois Pension Code, for disability incurred after |
| 7 |
| January 1, 1966, (2)
receives total permanent or total |
| 8 |
| temporary disability under the Workers'
Compensation Act or |
| 9 |
| Occupational Disease Act as a result of injuries
sustained or |
| 10 |
| illness contracted in the course of employment with the
State |
| 11 |
| of Illinois, or (3) is not otherwise covered under this Act and |
| 12 |
| has
retired as a participating member under Article 2 of the |
| 13 |
| Illinois Pension
Code but is ineligible for the retirement |
| 14 |
| annuity under Section 2-119 of
the Illinois Pension Code. |
| 15 |
| However, a person who satisfies the criteria
of the foregoing |
| 16 |
| definition of "employee" except that such person is made
|
| 17 |
| ineligible to participate in the State Universities Retirement |
| 18 |
| System by
clause (4) of subsection (a) of Section 15-107 of the |
| 19 |
| Illinois Pension
Code is also an "employee" for the purposes of |
| 20 |
| this Act. "Employee" also
includes any person receiving or |
| 21 |
| eligible for benefits under a sick pay
plan established in |
| 22 |
| accordance with Section 36 of the State Finance Act.
"Employee" |
| 23 |
| also includes (i) each officer or employee in the service of a
|
| 24 |
| qualified local government, including persons appointed as |
| 25 |
| trustees of
sanitary districts regardless of hours devoted to |
| 26 |
| the service of the
sanitary district, (ii) each employee in the |
|
|
|
SB0223 Enrolled |
- 74 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| service of a qualified
rehabilitation facility, (iii) each |
| 2 |
| full-time employee in the service of a
qualified domestic |
| 3 |
| violence shelter or service, and (iv) each full-time employee |
| 4 |
| in the service of a qualified child advocacy center, as |
| 5 |
| determined according to
rules promulgated by the Director.
|
| 6 |
| (l) "Member" means an employee, annuitant, retired |
| 7 |
| employee or survivor.
|
| 8 |
| (m) "Optional coverages or benefits" means those coverages |
| 9 |
| or
benefits available to the member on his or her voluntary |
| 10 |
| election, and at
his or her own expense.
|
| 11 |
| (n) "Program" means the group life insurance, health |
| 12 |
| benefits and other
employee benefits designed and contracted |
| 13 |
| for by the Director under this Act.
|
| 14 |
| (o) "Health plan" means a health benefits
program offered
|
| 15 |
| by the State of Illinois for persons eligible for the plan.
|
| 16 |
| (p) "Retired employee" means any person who would be an |
| 17 |
| annuitant as
that term is defined herein but for the fact that |
| 18 |
| such person retired prior to
January 1, 1966. Such term also |
| 19 |
| includes any person formerly employed by
the University of |
| 20 |
| Illinois in the Cooperative Extension Service who would
be an |
| 21 |
| annuitant but for the fact that such person was made ineligible |
| 22 |
| to
participate in the State Universities Retirement System by |
| 23 |
| clause (4) of
subsection (a) of Section 15-107 of the Illinois
|
| 24 |
| Pension Code.
|
| 25 |
| (q) "Survivor" means a person receiving an annuity as a |
| 26 |
| survivor of an
employee or of an annuitant. "Survivor" also |
|
|
|
SB0223 Enrolled |
- 75 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| includes: (1) the surviving
dependent of a person who satisfies |
| 2 |
| the definition of "employee" except that
such person is made |
| 3 |
| ineligible to participate in the State Universities
Retirement |
| 4 |
| System by clause (4) of subsection (a)
of Section 15-107 of the |
| 5 |
| Illinois Pension Code; (2) the surviving
dependent of any |
| 6 |
| person formerly employed by the University of Illinois in
the |
| 7 |
| Cooperative Extension Service who would be an annuitant except |
| 8 |
| for the
fact that such person was made ineligible to |
| 9 |
| participate in the State
Universities Retirement System by |
| 10 |
| clause (4) of subsection (a) of Section
15-107 of the Illinois |
| 11 |
| Pension Code; and (3) the surviving dependent of a person who |
| 12 |
| was an annuitant under this Act by virtue of receiving an |
| 13 |
| alternative retirement cancellation payment under Section |
| 14 |
| 14-108.5 of the Illinois Pension Code.
|
| 15 |
| (q-2) "SERS" means the State Employees' Retirement System |
| 16 |
| of Illinois, created under Article 14 of the Illinois Pension |
| 17 |
| Code.
|
| 18 |
| (q-3) "SURS" means the State Universities Retirement |
| 19 |
| System, created under Article 15 of the Illinois Pension Code.
|
| 20 |
| (q-4) "TRS" means the Teachers' Retirement System of the |
| 21 |
| State of Illinois, created under Article 16 of the Illinois |
| 22 |
| Pension Code.
|
| 23 |
| (q-5) "New SERS survivor" means a survivor, as defined in |
| 24 |
| subsection (q),
whose annuity is paid under Article 14 of the |
| 25 |
| Illinois Pension Code and is
based on the death of (i) an |
| 26 |
| employee whose death occurs on or after January 1,
1998, or |
|
|
|
SB0223 Enrolled |
- 76 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| (ii) a new SERS annuitant as defined in subsection (b-5). "New |
| 2 |
| SERS survivor" includes the surviving dependent of a person who |
| 3 |
| was an annuitant under this Act by virtue of receiving an |
| 4 |
| alternative retirement cancellation payment under Section |
| 5 |
| 14-108.5 of the Illinois Pension Code.
|
| 6 |
| (q-6) "New SURS survivor" means a survivor, as defined in |
| 7 |
| subsection (q),
whose annuity is paid under Article 15 of the |
| 8 |
| Illinois Pension Code and is
based on the death of (i) an |
| 9 |
| employee whose death occurs on or after January 1,
1998, or |
| 10 |
| (ii) a new SURS annuitant as defined in subsection (b-6).
|
| 11 |
| (q-7) "New TRS State survivor" means a survivor, as defined |
| 12 |
| in subsection
(q), whose annuity is paid under Article 16 of |
| 13 |
| the Illinois Pension Code and is
based on the death of (i) an |
| 14 |
| employee who is a teacher as defined in paragraph
(2), (3), or |
| 15 |
| (5) of Section 16-106 of that Code and whose death occurs on or
|
| 16 |
| after July 1, 1998, or (ii) a new TRS State annuitant as |
| 17 |
| defined in subsection
(b-7).
|
| 18 |
| (r) "Medical services" means the services provided within |
| 19 |
| the scope
of their licenses by practitioners in all categories |
| 20 |
| licensed under the
Medical Practice Act of 1987.
|
| 21 |
| (s) "Unit of local government" means any county, |
| 22 |
| municipality,
township, school district (including a |
| 23 |
| combination of school districts under
the Intergovernmental |
| 24 |
| Cooperation Act), special district or other unit,
designated as |
| 25 |
| a
unit of local government by law, which exercises limited |
| 26 |
| governmental
powers or powers in respect to limited |
|
|
|
SB0223 Enrolled |
- 77 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| governmental subjects, any
not-for-profit association with a |
| 2 |
| membership that primarily includes
townships and township |
| 3 |
| officials, that has duties that include provision of
research |
| 4 |
| service, dissemination of information, and other acts for the
|
| 5 |
| purpose of improving township government, and that is funded |
| 6 |
| wholly or
partly in accordance with Section 85-15 of the |
| 7 |
| Township Code; any
not-for-profit corporation or association, |
| 8 |
| with a membership consisting
primarily of municipalities, that |
| 9 |
| operates its own utility system, and
provides research, |
| 10 |
| training, dissemination of information, or other acts to
|
| 11 |
| promote cooperation between and among municipalities that |
| 12 |
| provide utility
services and for the advancement of the goals |
| 13 |
| and purposes of its
membership;
the Southern Illinois |
| 14 |
| Collegiate Common Market, which is a consortium of higher
|
| 15 |
| education institutions in Southern Illinois; the Illinois |
| 16 |
| Association of
Park Districts; and any hospital provider that |
| 17 |
| is owned by a county that has 100 or fewer hospital beds and |
| 18 |
| has not already joined the program. "Qualified
local |
| 19 |
| government" means a unit of local government approved by the |
| 20 |
| Director and
participating in a program created under |
| 21 |
| subsection (i) of Section 10 of this
Act.
|
| 22 |
| (t) "Qualified rehabilitation facility" means any |
| 23 |
| not-for-profit
organization that is accredited by the |
| 24 |
| Commission on Accreditation of
Rehabilitation Facilities or |
| 25 |
| certified by the Department
of Human Services (as successor to |
| 26 |
| the Department of Mental Health
and Developmental |
|
|
|
SB0223 Enrolled |
- 78 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Disabilities) to provide services to persons with
disabilities
|
| 2 |
| and which receives funds from the State of Illinois for |
| 3 |
| providing those
services, approved by the Director and |
| 4 |
| participating in a program created
under subsection (j) of |
| 5 |
| Section 10 of this Act.
|
| 6 |
| (u) "Qualified domestic violence shelter or service" means |
| 7 |
| any Illinois
domestic violence shelter or service and its |
| 8 |
| administrative offices funded
by the Department of Human |
| 9 |
| Services (as successor to the Illinois Department of
Public |
| 10 |
| Aid),
approved by the Director and
participating in a program |
| 11 |
| created under subsection (k) of Section 10.
|
| 12 |
| (v) "TRS benefit recipient" means a person who:
|
| 13 |
| (1) is not a "member" as defined in this Section; and
|
| 14 |
| (2) is receiving a monthly benefit or retirement |
| 15 |
| annuity
under Article 16 of the Illinois Pension Code; and
|
| 16 |
| (3) either (i) has at least 8 years of creditable |
| 17 |
| service under Article
16 of the Illinois Pension Code, or |
| 18 |
| (ii) was enrolled in the health insurance
program offered |
| 19 |
| under that Article on January 1, 1996, or (iii) is the |
| 20 |
| survivor
of a benefit recipient who had at least 8
years of |
| 21 |
| creditable service under Article 16 of the Illinois Pension |
| 22 |
| Code or
was enrolled in the health insurance program |
| 23 |
| offered under that Article on
the effective date of this |
| 24 |
| amendatory Act of 1995, or (iv) is a recipient or
survivor |
| 25 |
| of a recipient of a disability benefit under Article 16 of |
| 26 |
| the
Illinois Pension Code.
|
|
|
|
SB0223 Enrolled |
- 79 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| (w) "TRS dependent beneficiary" means a person who:
|
| 2 |
| (1) is not a "member" or "dependent" as defined in this |
| 3 |
| Section; and
|
| 4 |
| (2) is a TRS benefit recipient's: (A) spouse, (B) |
| 5 |
| dependent parent who
is receiving at least half of his or |
| 6 |
| her support from the TRS benefit
recipient, or (C) |
| 7 |
| unmarried natural or adopted child who is (i) under age
19, |
| 8 |
| or (ii) enrolled as a full-time student in
an accredited |
| 9 |
| school, financially dependent upon the TRS benefit |
| 10 |
| recipient,
eligible to be claimed as a dependent for income |
| 11 |
| tax
purposes, and
either is under age 24 or was, on January |
| 12 |
| 1, 1996, participating as a dependent
beneficiary in the |
| 13 |
| health insurance program offered under Article 16 of the
|
| 14 |
| Illinois Pension Code, or (iii) age 19 or over who is |
| 15 |
| mentally or physically
handicapped.
|
| 16 |
| (x) "Military leave with pay and benefits" refers to |
| 17 |
| individuals in basic
training for reserves, special/advanced |
| 18 |
| training, annual training, emergency
call up, or activation by |
| 19 |
| the President of the United States with approved pay
and |
| 20 |
| benefits.
|
| 21 |
| (y) "Military leave without pay and benefits" refers to
|
| 22 |
| individuals who enlist for active duty in a regular component |
| 23 |
| of the U.S. Armed
Forces or other duty not specified or |
| 24 |
| authorized under military leave with pay
and benefits.
|
| 25 |
| (z) "Community college benefit recipient" means a person |
| 26 |
| who:
|
|
|
|
SB0223 Enrolled |
- 80 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| (1) is not a "member" as defined in this Section; and
|
| 2 |
| (2) is receiving a monthly survivor's annuity or |
| 3 |
| retirement annuity
under Article 15 of the Illinois Pension |
| 4 |
| Code; and
|
| 5 |
| (3) either (i) was a full-time employee of a community |
| 6 |
| college district or
an association of community college |
| 7 |
| boards created under the Public Community
College Act |
| 8 |
| (other than an employee whose last employer under Article |
| 9 |
| 15 of the
Illinois Pension Code was a community college |
| 10 |
| district subject to Article VII
of the Public Community |
| 11 |
| College Act) and was eligible to participate in a group
|
| 12 |
| health benefit plan as an employee during the time of |
| 13 |
| employment with a
community college district (other than a |
| 14 |
| community college district subject to
Article VII of the |
| 15 |
| Public Community College Act) or an association of |
| 16 |
| community
college boards, or (ii) is the survivor of a |
| 17 |
| person described in item (i).
|
| 18 |
| (aa) "Community college dependent beneficiary" means a |
| 19 |
| person who:
|
| 20 |
| (1) is not a "member" or "dependent" as defined in this |
| 21 |
| Section; and
|
| 22 |
| (2) is a community college benefit recipient's: (A) |
| 23 |
| spouse, (B) dependent
parent who is receiving at least half |
| 24 |
| of his or her support from the community
college benefit |
| 25 |
| recipient, or (C) unmarried natural or adopted child who is |
| 26 |
| (i)
under age 19, or (ii) enrolled as a full-time student |
|
|
|
SB0223 Enrolled |
- 81 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| in an accredited school,
financially dependent upon the |
| 2 |
| community college benefit recipient, eligible
to be |
| 3 |
| claimed as a dependent for income tax purposes and under |
| 4 |
| age 23, or (iii)
age 19 or over and mentally or physically |
| 5 |
| handicapped.
|
| 6 |
| (bb) "Qualified child advocacy center" means any Illinois |
| 7 |
| child advocacy center and its administrative offices funded by |
| 8 |
| the Department of Children and Family Services, as defined by |
| 9 |
| the Children's Advocacy Center Act (55 ILCS 80/), approved by |
| 10 |
| the Director and participating in a program created under |
| 11 |
| subsection (n) of Section 10.
|
| 12 |
| (Source: P.A. 93-205, eff. 1-1-04; 93-839, eff. 7-30-04; |
| 13 |
| 93-1067, eff. 1-15-05; 94-32, eff. 6-15-05; 94-82, eff. 1-1-06; |
| 14 |
| 94-860, eff. 6-16-06; revised 8-3-06.)
|
| 15 |
| (5 ILCS 375/8) (from Ch. 127, par. 528)
|
| 16 |
| Sec. 8. Eligibility.
|
| 17 |
| (a) Each member eligible under the provisions of this Act |
| 18 |
| and any rules
and regulations promulgated and adopted hereunder |
| 19 |
| by the Director shall
become immediately eligible and covered |
| 20 |
| for all benefits available under
the programs. Members electing |
| 21 |
| coverage for eligible dependents shall have
the coverage |
| 22 |
| effective immediately, provided that the election is properly
|
| 23 |
| filed in accordance with required filing dates and procedures |
| 24 |
| specified by
the Director.
|
| 25 |
| (1) Every member originally eligible to elect |
|
|
|
SB0223 Enrolled |
- 82 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| dependent coverage, but not
electing it during the original |
| 2 |
| eligibility period, may subsequently obtain
dependent |
| 3 |
| coverage only in the event of a qualifying change in |
| 4 |
| status, special
enrollment, special circumstance as |
| 5 |
| defined by the Director, or during the
annual Benefit |
| 6 |
| Choice Period.
|
| 7 |
| (2) Members described above being transferred from |
| 8 |
| previous
coverage towards which the State has been |
| 9 |
| contributing shall be
transferred regardless of |
| 10 |
| preexisting conditions, waiting periods, or
other |
| 11 |
| requirements that might jeopardize claim payments to which |
| 12 |
| they
would otherwise have been entitled.
|
| 13 |
| (3) Eligible and covered members that are eligible for |
| 14 |
| coverage as
dependents except for the fact of being members |
| 15 |
| shall be transferred to,
and covered under, dependent |
| 16 |
| status regardless of preexisting conditions,
waiting |
| 17 |
| periods, or other requirements that might jeopardize claim |
| 18 |
| payments
to which they would otherwise have been entitled |
| 19 |
| upon cessation of member
status and the election of |
| 20 |
| dependent coverage by a member eligible to elect
that |
| 21 |
| coverage.
|
| 22 |
| (b) New employees shall be immediately insured for the |
| 23 |
| basic group
life insurance and covered by the program of health |
| 24 |
| benefits on the first
day of active State service. Optional |
| 25 |
| life insurance coverage one to 4 times the basic amount, if |
| 26 |
| elected
during the relevant eligibility period, will become |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| effective on the date
of employment. Optional life insurance |
| 2 |
| coverage exceeding 4 times the basic amount and all life |
| 3 |
| insurance amounts applied for after the
eligibility period will |
| 4 |
| be effective, subject to satisfactory evidence of
insurability |
| 5 |
| when applicable, or other necessary qualifications, pursuant |
| 6 |
| to
the requirements of the applicable benefit program, unless |
| 7 |
| there is a change in
status that would confer new eligibility |
| 8 |
| for change of enrollment under rules
established supplementing |
| 9 |
| this Act, in which event application must be made
within the |
| 10 |
| new eligibility period.
|
| 11 |
| (c) As to the group health benefits program contracted to |
| 12 |
| begin or
continue after June 30, 1973, each retired employee |
| 13 |
| shall become immediately
eligible and covered for all benefits |
| 14 |
| available under that program. Retired
employees may elect |
| 15 |
| coverage for eligible dependents and shall have the
coverage |
| 16 |
| effective immediately, provided that the election is properly
|
| 17 |
| filed in accordance with required filing dates and procedures |
| 18 |
| specified
by the Director.
|
| 19 |
| Except as otherwise provided in this Act, where husband and |
| 20 |
| wife are
both eligible members, each shall be enrolled as a |
| 21 |
| member and coverage on
their eligible dependent children, if |
| 22 |
| any, may be under the enrollment and
election of either.
|
| 23 |
| Regardless of other provisions herein regarding late |
| 24 |
| enrollment or other
qualifications, as appropriate, the
|
| 25 |
| Director may periodically authorize open enrollment periods |
| 26 |
| for each of the
benefit programs at which time each member may |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| elect enrollment or change
of enrollment without regard to age, |
| 2 |
| sex, health, or other qualification
under the conditions as may |
| 3 |
| be prescribed in rules and regulations
supplementing this Act. |
| 4 |
| Special open enrollment periods may be declared by
the Director |
| 5 |
| for certain members only when special circumstances occur that
|
| 6 |
| affect only those members.
|
| 7 |
| (d) Beginning with fiscal year 2003 and for all subsequent |
| 8 |
| years, eligible
members may elect not to participate in the |
| 9 |
| program of health benefits as
defined in this Act. The election |
| 10 |
| must be made during the annual benefit
choice period, subject |
| 11 |
| to the conditions in this subsection.
|
| 12 |
| (1) Members must furnish proof of health benefit |
| 13 |
| coverage, either
comprehensive major medical coverage or |
| 14 |
| comprehensive managed care plan,
from a source other than |
| 15 |
| the Department of Central Management Services in
order to |
| 16 |
| elect not to participate in the program.
|
| 17 |
| (2) Members may re-enroll in the Department of Central |
| 18 |
| Management Services
program of health benefits upon |
| 19 |
| showing a qualifying change in status, as
defined in the |
| 20 |
| U.S. Internal Revenue Code, without evidence of |
| 21 |
| insurability
and with no limitations on coverage for |
| 22 |
| pre-existing conditions, provided
that there was not a |
| 23 |
| break in coverage of more than 63 days.
|
| 24 |
| (3) Members may also re-enroll in the program of health |
| 25 |
| benefits during
any annual benefit choice period, without |
| 26 |
| evidence of insurability.
|
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| (4) Members who elect not to participate in the program |
| 2 |
| of health benefits
shall be furnished a written explanation |
| 3 |
| of the requirements and limitations
for the election not to |
| 4 |
| participate in the program and for re-enrolling in the
|
| 5 |
| program. The explanation shall also be included in the |
| 6 |
| annual benefit choice
options booklets furnished to |
| 7 |
| members.
|
| 8 |
| (d-5) Beginning July 1, 2005, the Director may establish a |
| 9 |
| program of financial incentives to encourage annuitants |
| 10 |
| receiving a retirement annuity from the State Employees |
| 11 |
| Retirement System, but who are not eligible for benefits under |
| 12 |
| the federal Medicare health insurance program (Title XVIII of |
| 13 |
| the Social Security Act, as added by Public Law 89-97) to elect |
| 14 |
| not to participate in the program of health benefits provided |
| 15 |
| under this Act. The election by an annuitant not to participate |
| 16 |
| under this program must be made in accordance with the |
| 17 |
| requirements set forth under subsection (d). The financial |
| 18 |
| incentives provided to these annuitants under the program may |
| 19 |
| not exceed $150 per month for each annuitant electing not to |
| 20 |
| participate in the program of health benefits provided under |
| 21 |
| this Act.
|
| 22 |
| (e) Notwithstanding any other provision of this Act or the |
| 23 |
| rules adopted
under this Act, if a person participating in the |
| 24 |
| program of health benefits as
the dependent spouse of an |
| 25 |
| eligible member becomes an annuitant, the person may
elect, at |
| 26 |
| the time of becoming an annuitant or during any subsequent |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| annual
benefit choice period, to continue participation as a |
| 2 |
| dependent rather than
as an eligible member for as long as the |
| 3 |
| person continues to be an eligible
dependent.
|
| 4 |
| An eligible member who has elected to participate as a |
| 5 |
| dependent may
re-enroll in the program of health benefits as an |
| 6 |
| eligible member (i)
during any subsequent annual benefit choice |
| 7 |
| period or (ii) upon showing a
qualifying change in status, as |
| 8 |
| defined in the U.S. Internal Revenue Code,
without evidence of |
| 9 |
| insurability and with no limitations on coverage for
|
| 10 |
| pre-existing conditions.
|
| 11 |
| A person who elects to participate in the program of health |
| 12 |
| benefits as
a dependent rather than as an eligible member shall |
| 13 |
| be furnished a written
explanation of the consequences of |
| 14 |
| electing to participate as a dependent and
the conditions and |
| 15 |
| procedures for re-enrolling as an eligible member. The
|
| 16 |
| explanation shall also be included in the annual benefit choice |
| 17 |
| options booklet
furnished to members.
|
| 18 |
| (Source: P.A. 93-553, eff. 8-20-03; 94-95, eff. 7-1-05; 94-109, |
| 19 |
| eff. 7-1-05; revised 8-9-05.)
|
| 20 |
| (5 ILCS 375/10) (from Ch. 127, par. 530)
|
| 21 |
| Sec. 10. Payments by State; premiums.
|
| 22 |
| (a) The State shall pay the cost of basic non-contributory |
| 23 |
| group life
insurance and, subject to member paid contributions |
| 24 |
| set by the Department or
required by this Section, the basic |
| 25 |
| program of group health benefits on each
eligible member, |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| except a member, not otherwise
covered by this Act, who has |
| 2 |
| retired as a participating member under Article 2
of the |
| 3 |
| Illinois Pension Code but is ineligible for the retirement |
| 4 |
| annuity under
Section 2-119 of the Illinois Pension Code, and |
| 5 |
| part of each eligible member's
and retired member's premiums |
| 6 |
| for health insurance coverage for enrolled
dependents as |
| 7 |
| provided by Section 9. The State shall pay the cost of the |
| 8 |
| basic
program of group health benefits only after benefits are |
| 9 |
| reduced by the amount
of benefits covered by Medicare for all |
| 10 |
| members and dependents
who are eligible for benefits under |
| 11 |
| Social Security or
the Railroad Retirement system or who had |
| 12 |
| sufficient Medicare-covered
government employment, except that |
| 13 |
| such reduction in benefits shall apply only
to those members |
| 14 |
| and dependents who (1) first become eligible
for such Medicare |
| 15 |
| coverage on or after July 1, 1992; or (2) are
Medicare-eligible |
| 16 |
| members or dependents of a local government unit which began
|
| 17 |
| participation in the program on or after July 1, 1992; or (3) |
| 18 |
| remain eligible
for, but no longer receive Medicare coverage |
| 19 |
| which they had been receiving on
or after July 1, 1992. The |
| 20 |
| Department may determine the aggregate level of the
State's |
| 21 |
| contribution on the basis of actual cost of medical services |
| 22 |
| adjusted
for age, sex or geographic or other demographic |
| 23 |
| characteristics which affect
the costs of such programs.
|
| 24 |
| The cost of participation in the basic program of group |
| 25 |
| health benefits
for the dependent or survivor of a living or |
| 26 |
| deceased retired employee who was
formerly employed by the |
|
|
|
SB0223 Enrolled |
- 88 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| University of Illinois in the Cooperative Extension
Service and |
| 2 |
| would be an annuitant but for the fact that he or she was made
|
| 3 |
| ineligible to participate in the State Universities Retirement |
| 4 |
| System by clause
(4) of subsection (a) of Section 15-107 of the |
| 5 |
| Illinois Pension Code shall not
be greater than the cost of |
| 6 |
| participation that would otherwise apply to that
dependent or |
| 7 |
| survivor if he or she were the dependent or survivor of an
|
| 8 |
| annuitant under the State Universities Retirement System.
|
| 9 |
| (a-1) Beginning January 1, 1998, for each person who |
| 10 |
| becomes a new SERS
annuitant and participates in the basic |
| 11 |
| program of group health benefits, the
State shall contribute |
| 12 |
| toward the cost of the annuitant's
coverage under the basic |
| 13 |
| program of group health benefits an amount equal
to 5% of that |
| 14 |
| cost for each full year of creditable service upon which the
|
| 15 |
| annuitant's retirement annuity is based, up to a maximum of |
| 16 |
| 100% for an
annuitant with 20 or more years of creditable |
| 17 |
| service.
The remainder of the cost of a new SERS annuitant's |
| 18 |
| coverage under the basic
program of group health benefits shall |
| 19 |
| be the responsibility of the
annuitant. In the case of a new |
| 20 |
| SERS annuitant who has elected to receive an alternative |
| 21 |
| retirement cancellation payment under Section 14-108.5 of the |
| 22 |
| Illinois Pension Code in lieu of an annuity, for the purposes |
| 23 |
| of this subsection the annuitant shall be deemed to be |
| 24 |
| receiving a retirement annuity based on the number of years of |
| 25 |
| creditable service that the annuitant had established at the |
| 26 |
| time of his or her termination of service under SERS.
|
|
|
|
SB0223 Enrolled |
- 89 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| (a-2) Beginning January 1, 1998, for each person who |
| 2 |
| becomes a new SERS
survivor and participates in the basic |
| 3 |
| program of group health benefits, the
State shall contribute |
| 4 |
| toward the cost of the survivor's
coverage under the basic |
| 5 |
| program of group health benefits an amount equal
to 5% of that |
| 6 |
| cost for each full year of the deceased employee's or deceased
|
| 7 |
| annuitant's creditable service in the State Employees' |
| 8 |
| Retirement System of
Illinois on the date of death, up to a |
| 9 |
| maximum of 100% for a survivor of an
employee or annuitant with |
| 10 |
| 20 or more years of creditable service. The
remainder of the |
| 11 |
| cost of the new SERS survivor's coverage under the basic
|
| 12 |
| program of group health benefits shall be the responsibility of |
| 13 |
| the survivor. In the case of a new SERS survivor who was the |
| 14 |
| dependent of an annuitant who elected to receive an alternative |
| 15 |
| retirement cancellation payment under Section 14-108.5 of the |
| 16 |
| Illinois Pension Code in lieu of an annuity, for the purposes |
| 17 |
| of this subsection the deceased annuitant's creditable service |
| 18 |
| shall be determined as of the date of termination of service |
| 19 |
| rather than the date of death.
|
| 20 |
| (a-3) Beginning January 1, 1998, for each person who |
| 21 |
| becomes a new SURS
annuitant and participates in the basic |
| 22 |
| program of group health benefits, the
State shall contribute |
| 23 |
| toward the cost of the annuitant's
coverage under the basic |
| 24 |
| program of group health benefits an amount equal
to 5% of that |
| 25 |
| cost for each full year of creditable service upon which the
|
| 26 |
| annuitant's retirement annuity is based, up to a maximum of |
|
|
|
SB0223 Enrolled |
- 90 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| 100% for an
annuitant with 20 or more years of creditable |
| 2 |
| service.
The remainder of the cost of a new SURS annuitant's |
| 3 |
| coverage under the basic
program of group health benefits shall |
| 4 |
| be the responsibility of the
annuitant.
|
| 5 |
| (a-4) (Blank).
|
| 6 |
| (a-5) Beginning January 1, 1998, for each person who |
| 7 |
| becomes a new SURS
survivor and participates in the basic |
| 8 |
| program of group health benefits, the
State shall contribute |
| 9 |
| toward the cost of the survivor's coverage under the
basic |
| 10 |
| program of group health benefits an amount equal to 5% of that |
| 11 |
| cost for
each full year of the deceased employee's or deceased |
| 12 |
| annuitant's creditable
service in the State Universities |
| 13 |
| Retirement System on the date of death, up to
a maximum of 100% |
| 14 |
| for a survivor of an
employee or annuitant with 20 or more |
| 15 |
| years of creditable service. The
remainder of the cost of the |
| 16 |
| new SURS survivor's coverage under the basic
program of group |
| 17 |
| health benefits shall be the responsibility of the survivor.
|
| 18 |
| (a-6) Beginning July 1, 1998, for each person who becomes a |
| 19 |
| new TRS
State annuitant and participates in the basic program |
| 20 |
| of group health benefits,
the State shall contribute toward the |
| 21 |
| cost of the annuitant's coverage under
the basic program of |
| 22 |
| group health benefits an amount equal to 5% of that cost
for |
| 23 |
| each full year of creditable service
as a teacher as defined in |
| 24 |
| paragraph (2), (3), or (5) of Section 16-106 of the
Illinois |
| 25 |
| Pension Code
upon which the annuitant's retirement annuity is |
| 26 |
| based, up to a maximum of
100%;
except that
the State |
|
|
|
SB0223 Enrolled |
- 91 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| contribution shall be 12.5% per year (rather than 5%) for each |
| 2 |
| full
year of creditable service as a regional superintendent or |
| 3 |
| assistant regional
superintendent of schools. The
remainder of |
| 4 |
| the cost of a new TRS State annuitant's coverage under the |
| 5 |
| basic
program of group health benefits shall be the |
| 6 |
| responsibility of the
annuitant.
|
| 7 |
| (a-7) Beginning July 1, 1998, for each person who becomes a |
| 8 |
| new TRS
State survivor and participates in the basic program of |
| 9 |
| group health benefits,
the State shall contribute toward the |
| 10 |
| cost of the survivor's coverage under the
basic program of |
| 11 |
| group health benefits an amount equal to 5% of that cost for
|
| 12 |
| each full year of the deceased employee's or deceased |
| 13 |
| annuitant's creditable
service
as a teacher as defined in |
| 14 |
| paragraph (2), (3), or (5) of Section 16-106 of the
Illinois |
| 15 |
| Pension Code
on the date of death, up to a maximum of 100%;
|
| 16 |
| except that the State contribution shall be 12.5% per year |
| 17 |
| (rather than 5%) for
each full year of the deceased employee's |
| 18 |
| or deceased annuitant's creditable
service as a regional |
| 19 |
| superintendent or assistant regional superintendent of
|
| 20 |
| schools.
The remainder of
the cost of the new TRS State |
| 21 |
| survivor's coverage under the basic program of
group health |
| 22 |
| benefits shall be the responsibility of the survivor.
|
| 23 |
| (a-8) A new SERS annuitant, new SERS survivor, new SURS
|
| 24 |
| annuitant, new SURS survivor, new TRS State
annuitant, or new |
| 25 |
| TRS State survivor may waive or terminate coverage in
the |
| 26 |
| program of group health benefits. Any such annuitant or |
|
|
|
SB0223 Enrolled |
- 92 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| survivor
who has waived or terminated coverage may enroll or |
| 2 |
| re-enroll in the
program of group health benefits only during |
| 3 |
| the annual benefit choice period,
as determined by the |
| 4 |
| Director; except that in the event of termination of
coverage |
| 5 |
| due to nonpayment of premiums, the annuitant or survivor
may |
| 6 |
| not re-enroll in the program.
|
| 7 |
| (a-9) No later than May 1 of each calendar year, the |
| 8 |
| Director
of Central Management Services shall certify in |
| 9 |
| writing to the Executive
Secretary of the State Employees' |
| 10 |
| Retirement System of Illinois the amounts
of the Medicare |
| 11 |
| supplement health care premiums and the amounts of the
health |
| 12 |
| care premiums for all other retirees who are not Medicare |
| 13 |
| eligible.
|
| 14 |
| A separate calculation of the premiums based upon the |
| 15 |
| actual cost of each
health care plan shall be so certified.
|
| 16 |
| The Director of Central Management Services shall provide |
| 17 |
| to the
Executive Secretary of the State Employees' Retirement |
| 18 |
| System of
Illinois such information, statistics, and other data |
| 19 |
| as he or she
may require to review the premium amounts |
| 20 |
| certified by the Director
of Central Management Services.
|
| 21 |
| (b) State employees who become eligible for this program on |
| 22 |
| or after January
1, 1980 in positions normally requiring actual |
| 23 |
| performance of duty not less
than 1/2 of a normal work period |
| 24 |
| but not equal to that of a normal work period,
shall be given |
| 25 |
| the option of participating in the available program. If the
|
| 26 |
| employee elects coverage, the State shall contribute on behalf |
|
|
|
SB0223 Enrolled |
- 93 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| of such employee
to the cost of the employee's benefit and any |
| 2 |
| applicable dependent supplement,
that sum which bears the same |
| 3 |
| percentage as that percentage of time the
employee regularly |
| 4 |
| works when compared to normal work period.
|
| 5 |
| (c) The basic non-contributory coverage from the basic |
| 6 |
| program of
group health benefits shall be continued for each |
| 7 |
| employee not in pay status or
on active service by reason of |
| 8 |
| (1) leave of absence due to illness or injury,
(2) authorized |
| 9 |
| educational leave of absence or sabbatical leave, or (3)
|
| 10 |
| military leave with pay and benefits. This coverage shall |
| 11 |
| continue until
expiration of authorized leave and return to |
| 12 |
| active service, but not to exceed
24 months for leaves under |
| 13 |
| item (1) or (2). This 24-month limitation and the
requirement |
| 14 |
| of returning to active service shall not apply to persons |
| 15 |
| receiving
ordinary or accidental disability benefits or |
| 16 |
| retirement benefits through the
appropriate State retirement |
| 17 |
| system or benefits under the Workers' Compensation
or |
| 18 |
| Occupational Disease Act.
|
| 19 |
| (d) The basic group life insurance coverage shall continue, |
| 20 |
| with
full State contribution, where such person is (1) absent |
| 21 |
| from active
service by reason of disability arising from any |
| 22 |
| cause other than
self-inflicted, (2) on authorized educational |
| 23 |
| leave of absence or
sabbatical leave, or (3) on military leave |
| 24 |
| with pay and benefits.
|
| 25 |
| (e) Where the person is in non-pay status for a period in |
| 26 |
| excess of
30 days or on leave of absence, other than by reason |
|
|
|
SB0223 Enrolled |
- 94 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| of disability,
educational or sabbatical leave, or military |
| 2 |
| leave with pay and benefits, such
person may continue coverage |
| 3 |
| only by making personal
payment equal to the amount normally |
| 4 |
| contributed by the State on such person's
behalf. Such payments |
| 5 |
| and coverage may be continued: (1) until such time as
the |
| 6 |
| person returns to a status eligible for coverage at State |
| 7 |
| expense, but not
to exceed 24 months, (2) until such person's |
| 8 |
| employment or annuitant status
with the State is terminated, or |
| 9 |
| (3) for a maximum period of 4 years for
members on military |
| 10 |
| leave with pay and benefits and military leave without pay
and |
| 11 |
| benefits (exclusive of any additional service imposed pursuant |
| 12 |
| to law).
|
| 13 |
| (f) The Department shall establish by rule the extent to |
| 14 |
| which other
employee benefits will continue for persons in |
| 15 |
| non-pay status or who are
not in active service.
|
| 16 |
| (g) The State shall not pay the cost of the basic |
| 17 |
| non-contributory
group life insurance, program of health |
| 18 |
| benefits and other employee benefits
for members who are |
| 19 |
| survivors as defined by paragraphs (1) and (2) of
subsection |
| 20 |
| (q) of Section 3 of this Act. The costs of benefits for these
|
| 21 |
| survivors shall be paid by the survivors or by the University |
| 22 |
| of Illinois
Cooperative Extension Service, or any combination |
| 23 |
| thereof.
However, the State shall pay the amount of the |
| 24 |
| reduction in the cost of
participation, if any, resulting from |
| 25 |
| the amendment to subsection (a) made
by this amendatory Act of |
| 26 |
| the 91st General Assembly.
|
|
|
|
SB0223 Enrolled |
- 95 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| (h) Those persons occupying positions with any department |
| 2 |
| as a result
of emergency appointments pursuant to Section 8b.8 |
| 3 |
| of the Personnel Code
who are not considered employees under |
| 4 |
| this Act shall be given the option
of participating in the |
| 5 |
| programs of group life insurance, health benefits and
other |
| 6 |
| employee benefits. Such persons electing coverage may |
| 7 |
| participate only
by making payment equal to the amount normally |
| 8 |
| contributed by the State for
similarly situated employees. Such |
| 9 |
| amounts shall be determined by the
Director. Such payments and |
| 10 |
| coverage may be continued until such time as the
person becomes |
| 11 |
| an employee pursuant to this Act or such person's appointment |
| 12 |
| is
terminated.
|
| 13 |
| (i) Any unit of local government within the State of |
| 14 |
| Illinois
may apply to the Director to have its employees, |
| 15 |
| annuitants, and their
dependents provided group health |
| 16 |
| coverage under this Act on a non-insured
basis. To participate, |
| 17 |
| a unit of local government must agree to enroll
all of its |
| 18 |
| employees, who may select coverage under either the State group
|
| 19 |
| health benefits plan or a health maintenance organization that |
| 20 |
| has
contracted with the State to be available as a health care |
| 21 |
| provider for
employees as defined in this Act. A unit of local |
| 22 |
| government must remit the
entire cost of providing coverage |
| 23 |
| under the State group health benefits plan
or, for coverage |
| 24 |
| under a health maintenance organization, an amount determined
|
| 25 |
| by the Director based on an analysis of the sex, age, |
| 26 |
| geographic location, or
other relevant demographic variables |
|
|
|
SB0223 Enrolled |
- 96 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| for its employees, except that the unit of
local government |
| 2 |
| shall not be required to enroll those of its employees who are
|
| 3 |
| covered spouses or dependents under this plan or another group |
| 4 |
| policy or plan
providing health benefits as long as (1) an |
| 5 |
| appropriate official from the unit
of local government attests |
| 6 |
| that each employee not enrolled is a covered spouse
or |
| 7 |
| dependent under this plan or another group policy or plan, and |
| 8 |
| (2) at least
85% of the employees are enrolled and the unit of |
| 9 |
| local government remits
the entire cost of providing coverage |
| 10 |
| to those employees, except that a
participating school district |
| 11 |
| must have enrolled at least 85% of its full-time
employees who |
| 12 |
| have not waived coverage under the district's group health
plan |
| 13 |
| by participating in a component of the district's cafeteria |
| 14 |
| plan. A
participating school district is not required to enroll |
| 15 |
| a full-time employee
who has waived coverage under the |
| 16 |
| district's health plan, provided that an
appropriate official |
| 17 |
| from the participating school district attests that the
|
| 18 |
| full-time employee has waived coverage by participating in a |
| 19 |
| component of the
district's cafeteria plan. For the purposes of |
| 20 |
| this subsection, "participating
school district" includes a |
| 21 |
| unit of local government whose primary purpose is
education as |
| 22 |
| defined by the Department's rules.
|
| 23 |
| Employees of a participating unit of local government who |
| 24 |
| are not enrolled
due to coverage under another group health |
| 25 |
| policy or plan may enroll in
the event of a qualifying change |
| 26 |
| in status, special enrollment, special
circumstance as defined |
|
|
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LRB095 03911 NHT 23944 b |
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|
| 1 |
| by the Director, or during the annual Benefit Choice
Period. A |
| 2 |
| participating unit of local government may also elect to cover |
| 3 |
| its
annuitants. Dependent coverage shall be offered on an |
| 4 |
| optional basis, with the
costs paid by the unit of local |
| 5 |
| government, its employees, or some combination
of the two as |
| 6 |
| determined by the unit of local government. The unit of local
|
| 7 |
| government shall be responsible for timely collection and |
| 8 |
| transmission of
dependent premiums.
|
| 9 |
| The Director shall annually determine monthly rates of |
| 10 |
| payment, subject
to the following constraints:
|
| 11 |
| (1) In the first year of coverage, the rates shall be |
| 12 |
| equal to the
amount normally charged to State employees for |
| 13 |
| elected optional coverages
or for enrolled dependents |
| 14 |
| coverages or other contributory coverages, or
contributed |
| 15 |
| by the State for basic insurance coverages on behalf of its
|
| 16 |
| employees, adjusted for differences between State |
| 17 |
| employees and employees
of the local government in age, |
| 18 |
| sex, geographic location or other relevant
demographic |
| 19 |
| variables, plus an amount sufficient to pay for the |
| 20 |
| additional
administrative costs of providing coverage to |
| 21 |
| employees of the unit of
local government and their |
| 22 |
| dependents.
|
| 23 |
| (2) In subsequent years, a further adjustment shall be |
| 24 |
| made to reflect
the actual prior years' claims experience |
| 25 |
| of the employees of the unit of
local government.
|
| 26 |
| In the case of coverage of local government employees under |
|
|
|
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| a health
maintenance organization, the Director shall annually |
| 2 |
| determine for each
participating unit of local government the |
| 3 |
| maximum monthly amount the unit
may contribute toward that |
| 4 |
| coverage, based on an analysis of (i) the age,
sex, geographic |
| 5 |
| location, and other relevant demographic variables of the
|
| 6 |
| unit's employees and (ii) the cost to cover those employees |
| 7 |
| under the State
group health benefits plan. The Director may |
| 8 |
| similarly determine the
maximum monthly amount each unit of |
| 9 |
| local government may contribute toward
coverage of its |
| 10 |
| employees' dependents under a health maintenance organization.
|
| 11 |
| Monthly payments by the unit of local government or its |
| 12 |
| employees for
group health benefits plan or health maintenance |
| 13 |
| organization coverage shall
be deposited in the Local |
| 14 |
| Government Health Insurance Reserve Fund.
|
| 15 |
| The Local Government Health Insurance Reserve Fund shall be |
| 16 |
| a continuing
fund not subject to fiscal year limitations. All |
| 17 |
| revenues arising from the administration of the health benefits |
| 18 |
| program established under this Section shall be deposited into |
| 19 |
| the Local Government Health Insurance Reserve Fund. All |
| 20 |
| expenditures from this Fund
shall be used for payments for |
| 21 |
| health care benefits for local government and rehabilitation |
| 22 |
| facility
employees, annuitants, and dependents, and to |
| 23 |
| reimburse the Department or
its administrative service |
| 24 |
| organization for all expenses incurred in the
administration of |
| 25 |
| benefits. No other State funds may be used for these
purposes.
|
| 26 |
| A local government employer's participation or desire to |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| participate
in a program created under this subsection shall |
| 2 |
| not limit that employer's
duty to bargain with the |
| 3 |
| representative of any collective bargaining unit
of its |
| 4 |
| employees.
|
| 5 |
| (j) Any rehabilitation facility within the State of |
| 6 |
| Illinois may apply
to the Director to have its employees, |
| 7 |
| annuitants, and their eligible
dependents provided group |
| 8 |
| health coverage under this Act on a non-insured
basis. To |
| 9 |
| participate, a rehabilitation facility must agree to enroll all
|
| 10 |
| of its employees and remit the entire cost of providing such |
| 11 |
| coverage for
its employees, except that the rehabilitation |
| 12 |
| facility shall not be
required to enroll those of its employees |
| 13 |
| who are covered spouses or
dependents under this plan or |
| 14 |
| another group policy or plan providing health
benefits as long |
| 15 |
| as (1) an appropriate official from the rehabilitation
facility |
| 16 |
| attests that each employee not enrolled is a covered spouse or
|
| 17 |
| dependent under this plan or another group policy or plan, and |
| 18 |
| (2) at least
85% of the employees are enrolled and the |
| 19 |
| rehabilitation facility remits
the entire cost of providing |
| 20 |
| coverage to those employees. Employees of a
participating |
| 21 |
| rehabilitation facility who are not enrolled due to coverage
|
| 22 |
| under another group health policy or plan may enroll
in the |
| 23 |
| event of a qualifying change in status, special enrollment, |
| 24 |
| special
circumstance as defined by the Director, or during the |
| 25 |
| annual Benefit Choice
Period. A participating rehabilitation |
| 26 |
| facility may also elect
to cover its annuitants. Dependent |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| coverage shall be offered on an optional
basis, with the costs |
| 2 |
| paid by the rehabilitation facility, its employees, or
some |
| 3 |
| combination of the 2 as determined by the rehabilitation |
| 4 |
| facility. The
rehabilitation facility shall be responsible for |
| 5 |
| timely collection and
transmission of dependent premiums.
|
| 6 |
| The Director shall annually determine quarterly rates of |
| 7 |
| payment, subject
to the following constraints:
|
| 8 |
| (1) In the first year of coverage, the rates shall be |
| 9 |
| equal to the amount
normally charged to State employees for |
| 10 |
| elected optional coverages or for
enrolled dependents |
| 11 |
| coverages or other contributory coverages on behalf of
its |
| 12 |
| employees, adjusted for differences between State |
| 13 |
| employees and
employees of the rehabilitation facility in |
| 14 |
| age, sex, geographic location
or other relevant |
| 15 |
| demographic variables, plus an amount sufficient to pay
for |
| 16 |
| the additional administrative costs of providing coverage |
| 17 |
| to employees
of the rehabilitation facility and their |
| 18 |
| dependents.
|
| 19 |
| (2) In subsequent years, a further adjustment shall be |
| 20 |
| made to reflect
the actual prior years' claims experience |
| 21 |
| of the employees of the
rehabilitation facility.
|
| 22 |
| Monthly payments by the rehabilitation facility or its |
| 23 |
| employees for
group health benefits shall be deposited in the |
| 24 |
| Local Government Health
Insurance Reserve Fund.
|
| 25 |
| (k) Any domestic violence shelter or service within the |
| 26 |
| State of Illinois
may apply to the Director to have its |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| employees, annuitants, and their
dependents provided group |
| 2 |
| health coverage under this Act on a non-insured
basis. To |
| 3 |
| participate, a domestic violence shelter or service must agree |
| 4 |
| to
enroll all of its employees and pay the entire cost of |
| 5 |
| providing such coverage
for its employees. A participating |
| 6 |
| domestic violence shelter may also elect
to cover its |
| 7 |
| annuitants. Dependent coverage shall be offered on an optional
|
| 8 |
| basis, with
employees, or some combination of the 2 as |
| 9 |
| determined by the domestic violence
shelter or service. The |
| 10 |
| domestic violence shelter or service shall be
responsible for |
| 11 |
| timely collection and transmission of dependent premiums.
|
| 12 |
| The Director shall annually determine rates of payment,
|
| 13 |
| subject to the following constraints:
|
| 14 |
| (1) In the first year of coverage, the rates shall be |
| 15 |
| equal to the
amount normally charged to State employees for |
| 16 |
| elected optional coverages
or for enrolled dependents |
| 17 |
| coverages or other contributory coverages on
behalf of its |
| 18 |
| employees, adjusted for differences between State |
| 19 |
| employees and
employees of the domestic violence shelter or |
| 20 |
| service in age, sex, geographic
location or other relevant |
| 21 |
| demographic variables, plus an amount sufficient
to pay for |
| 22 |
| the additional administrative costs of providing coverage |
| 23 |
| to
employees of the domestic violence shelter or service |
| 24 |
| and their dependents.
|
| 25 |
| (2) In subsequent years, a further adjustment shall be |
| 26 |
| made to reflect
the actual prior years' claims experience |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| of the employees of the domestic
violence shelter or |
| 2 |
| service.
|
| 3 |
| Monthly payments by the domestic violence shelter or |
| 4 |
| service or its employees
for group health insurance shall be |
| 5 |
| deposited in the Local Government Health
Insurance Reserve |
| 6 |
| Fund.
|
| 7 |
| (l) A public community college or entity organized pursuant |
| 8 |
| to the
Public Community College Act may apply to the Director |
| 9 |
| initially to have
only annuitants not covered prior to July 1, |
| 10 |
| 1992 by the district's health
plan provided health coverage |
| 11 |
| under this Act on a non-insured basis. The
community college |
| 12 |
| must execute a 2-year contract to participate in the
Local |
| 13 |
| Government Health Plan.
Any annuitant may enroll in the event |
| 14 |
| of a qualifying change in status, special
enrollment, special |
| 15 |
| circumstance as defined by the Director, or during the
annual |
| 16 |
| Benefit Choice Period.
|
| 17 |
| The Director shall annually determine monthly rates of |
| 18 |
| payment subject to
the following constraints: for those |
| 19 |
| community colleges with annuitants
only enrolled, first year |
| 20 |
| rates shall be equal to the average cost to cover
claims for a |
| 21 |
| State member adjusted for demographics, Medicare
|
| 22 |
| participation, and other factors; and in the second year, a |
| 23 |
| further adjustment
of rates shall be made to reflect the actual |
| 24 |
| first year's claims experience
of the covered annuitants.
|
| 25 |
| (l-5) The provisions of subsection (l) become inoperative |
| 26 |
| on July 1, 1999.
|
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| (m) The Director shall adopt any rules deemed necessary for
|
| 2 |
| implementation of this amendatory Act of 1989 (Public Act |
| 3 |
| 86-978).
|
| 4 |
| (n) Any child advocacy center within the State of Illinois |
| 5 |
| may apply to the Director to have its employees, annuitants, |
| 6 |
| and their dependants provided group health coverage under this |
| 7 |
| Act on a non-insured basis. To participate, a child advocacy |
| 8 |
| center must agree to enroll all of its employees and pay the |
| 9 |
| entire cost of providing coverage for its employees. A |
| 10 |
| participating child advocacy center may also elect to cover its |
| 11 |
| annuitants. Dependent coverage shall be offered on an optional |
| 12 |
| basis, with the costs paid by the child advocacy center, its |
| 13 |
| employees, or some combination of the 2 as determined by the |
| 14 |
| child advocacy center. The child advocacy center shall be |
| 15 |
| responsible for timely collection and transmission of |
| 16 |
| dependent premiums. |
| 17 |
| The Director shall annually determine rates of payment, |
| 18 |
| subject to the following constraints: |
| 19 |
| (1) In the first year of coverage, the rates shall be |
| 20 |
| equal to the amount normally charged to State employees for |
| 21 |
| elected optional coverages or for enrolled dependents |
| 22 |
| coverages or other contributory coverages on behalf of its |
| 23 |
| employees, adjusted for differences between State |
| 24 |
| employees and employees of the child advocacy center in |
| 25 |
| age, sex, geographic location, or other relevant |
| 26 |
| demographic variables, plus an amount sufficient to pay for |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| the additional administrative costs of providing coverage |
| 2 |
| to employees of the child advocacy center and their |
| 3 |
| dependents. |
| 4 |
| (2) In subsequent years, a further adjustment shall be |
| 5 |
| made to reflect the actual prior years' claims experience |
| 6 |
| of the employees of the child advocacy center. |
| 7 |
| Monthly payments by the child advocacy center or its |
| 8 |
| employees for group health insurance shall be deposited into |
| 9 |
| the Local Government Health Insurance Reserve Fund. |
| 10 |
| (Source: P.A. 93-839, eff. 7-30-04; 94-839, eff. 6-6-06; |
| 11 |
| 94-860, eff. 6-16-06; revised 8-3-06.)
|
| 12 |
| Section 45. The State Officials and Employees Ethics Act is |
| 13 |
| amended by changing Section 5-50 and by adding Section 99-10 as |
| 14 |
| follows: |
| 15 |
| (5 ILCS 430/5-50)
|
| 16 |
| Sec. 5-50. Ex parte communications; special government |
| 17 |
| agents.
|
| 18 |
| (a) This Section applies to ex
parte communications made to |
| 19 |
| any agency listed in subsection (e).
|
| 20 |
| (b) "Ex parte communication" means any written or oral |
| 21 |
| communication by any
person
that imparts or requests material
|
| 22 |
| information
or makes a material argument regarding
potential |
| 23 |
| action concerning regulatory, quasi-adjudicatory, investment, |
| 24 |
| or
licensing
matters pending before or under consideration by |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| the agency.
"Ex parte
communication" does not include the |
| 2 |
| following: (i) statements by
a person publicly made in a public |
| 3 |
| forum; (ii) statements regarding
matters of procedure and |
| 4 |
| practice, such as format, the
number of copies required, the |
| 5 |
| manner of filing, and the status
of a matter; and (iii) |
| 6 |
| statements made by a
State employee of the agency to the agency |
| 7 |
| head or other employees of that
agency.
|
| 8 |
| (b-5) An ex parte communication received by an agency,
|
| 9 |
| agency head, or other agency employee from an interested party |
| 10 |
| or
his or her official representative or attorney shall |
| 11 |
| promptly be
memorialized and made a part of the record.
|
| 12 |
| (c) An ex parte communication received by any agency, |
| 13 |
| agency head, or
other agency
employee, other than an ex parte |
| 14 |
| communication described in subsection (b-5),
shall immediately |
| 15 |
| be reported to that agency's ethics officer by the recipient
of |
| 16 |
| the communication and by any other employee of that agency who |
| 17 |
| responds to
the communication. The ethics officer shall require |
| 18 |
| that the ex parte
communication
be promptly made a part of the |
| 19 |
| record. The ethics officer shall promptly
file the ex parte |
| 20 |
| communication with the
Executive Ethics Commission, including |
| 21 |
| all written
communications, all written responses to the |
| 22 |
| communications, and a memorandum
prepared by the ethics officer |
| 23 |
| stating the nature and substance of all oral
communications, |
| 24 |
| the identity and job title of the person to whom each
|
| 25 |
| communication was made,
all responses made, the identity and |
| 26 |
| job title of the person making each
response,
the identity of |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
|
|
| 1 |
| each person from whom the written or oral ex parte
|
| 2 |
| communication was received, the individual or entity |
| 3 |
| represented by that
person, any action the person requested or |
| 4 |
| recommended, and any other pertinent
information.
The |
| 5 |
| disclosure shall also contain the date of any
ex parte |
| 6 |
| communication.
|
| 7 |
| (d) "Interested party" means a person or entity whose |
| 8 |
| rights,
privileges, or interests are the subject of or are |
| 9 |
| directly affected by
a regulatory, quasi-adjudicatory, |
| 10 |
| investment, or licensing matter.
|
| 11 |
| (e) This Section applies to the following agencies:
|
| 12 |
| Executive Ethics Commission
|
| 13 |
| Illinois Commerce Commission
|
| 14 |
| Educational Labor Relations Board
|
| 15 |
| State Board of Elections
|
| 16 |
| Illinois Gaming Board
|
| 17 |
| Health Facilities Planning Board
|
| 18 |
| Illinois Workers' Compensation Commission |
| 19 |
| Industrial Commission
|
| 20 |
| Illinois Labor Relations Board
|
| 21 |
| Illinois Liquor Control Commission
|
| 22 |
| Pollution Control Board
|
| 23 |
| Property Tax Appeal Board
|
| 24 |
| Illinois Racing Board
|
| 25 |
| Illinois Purchased Care Review Board
|
| 26 |
| Department of State Police Merit Board
|
|
|
|
SB0223 Enrolled |
- 107 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Motor Vehicle Review Board
|
| 2 |
| Prisoner Review Board
|
| 3 |
| Civil Service Commission
|
| 4 |
| Personnel Review Board for the Treasurer
|
| 5 |
| Merit Commission for the Secretary of State
|
| 6 |
| Merit Commission for the Office of the Comptroller
|
| 7 |
| Court of Claims
|
| 8 |
| Board of Review of the Department of Employment Security
|
| 9 |
| Department of Insurance
|
| 10 |
| Department of Professional Regulation and licensing boards
|
| 11 |
| under the Department
|
| 12 |
| Department of Public Health and licensing boards under the
|
| 13 |
| Department
|
| 14 |
| Office of Banks and Real Estate and licensing boards under
|
| 15 |
| the Office
|
| 16 |
| State Employees Retirement System Board of Trustees
|
| 17 |
| Judges Retirement System Board of Trustees
|
| 18 |
| General Assembly Retirement System Board of Trustees
|
| 19 |
| Illinois Board of Investment
|
| 20 |
| State Universities Retirement System Board of Trustees
|
| 21 |
| Teachers Retirement System Officers Board of Trustees
|
| 22 |
| (f) Any person who fails to (i) report an ex parte |
| 23 |
| communication to an
ethics officer, (ii) make information part |
| 24 |
| of the record, or (iii) make a
filing
with the Executive Ethics |
| 25 |
| Commission as required by this Section or as required
by
|
| 26 |
| Section 5-165 of the Illinois Administrative Procedure Act |