Full Text of SB3390 93rd General Assembly
SB3390 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB3390
Introduced 11/8/2004, by Sen. Larry K. Bomke SYNOPSIS AS INTRODUCED: |
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820 ILCS 315/2 |
from Ch. 48, par. 282 |
820 ILCS 320/10 |
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820 ILCS 320/15 |
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Amends the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol
Members, Paramedics, Firemen, Chaplains, and State Employees Compensation Act. Provides that the term "law enforcement officer" includes a person who is employed as a security guard by the State on a full-time, part-time, temporary, or contractual-payroll basis and whose death in the line of duty results from injury incurred on or after September 1, 2004. Also makes technical corrections. Amends the Public Safety Employee Benefits Act. Provides that if a person who is employed by the State as a security guard suffers a catastrophic injury or is killed in the line of duty on or after September 1, 2004, the security guard and his or her spouse and dependent children are eligible for health coverage benefits under the Act. Provides that if a person who is employed by the State as a security guard is accidentally or unlawfully and intentionally killed in the line of duty on or after September 1, 2004, the State shall waive certain educational expenses incurred by the security guard's children. Effective immediately.
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A BILL FOR
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SB3390 |
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| AN ACT concerning public employee benefits.
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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 5. The Law Enforcement Officers, Civil Defense | 5 |
| Workers, Civil Air Patrol
Members, Paramedics, Firemen, | 6 |
| Chaplains, and State Employees Compensation Act is amended by | 7 |
| changing Sections 2 as follows:
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| (820 ILCS 315/2) (from Ch. 48, par. 282)
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| Sec. 2. As used in this Act, unless the context otherwise | 10 |
| requires:
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| (a) "Law enforcement officer" or "officer" means any person | 12 |
| employed
by the State or a local governmental entity as a | 13 |
| policeman, peace
officer, auxiliary policeman or in some like | 14 |
| position involving the
enforcement of the law and protection of | 15 |
| the public interest at the risk of
that person's life. "Law | 16 |
| enforcement officer" or "officer" includes, but is not limited | 17 |
| to, a person who is employed as a security guard by the State | 18 |
| on a full-time, part-time, temporary, or contractual-payroll | 19 |
| basis and whose death in the line of duty results from injury | 20 |
| incurred on or after September 1, 2004. "Law enforcement | 21 |
| officer" or "officer" also
This includes supervisors, wardens, | 22 |
| superintendents and
their assistants, guards and keepers, | 23 |
| correctional officers, youth
supervisors, parole agents, | 24 |
| school teachers and correctional counsellors
in all facilities | 25 |
| of both the Juvenile and Adult Divisions of the
Department of | 26 |
| Corrections, while within the facilities under the control
of | 27 |
| the Department of Corrections or in the act of transporting | 28 |
| inmates
or wards from one location to another or while | 29 |
| performing their official
duties, and all other Department of | 30 |
| Correction employees who have daily
contact with inmates.
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| The death of the foregoing employees of the Department of | 32 |
| Corrections
in order to be included herein must be by the |
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| direct or indirect willful
act of an inmate, ward, | 2 |
| work-releasee, parolee, parole violator, person
under | 3 |
| conditional release, or any person sentenced or committed, or
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| otherwise subject to confinement in or to the Department of | 5 |
| Corrections.
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| (b) "Fireman" means any person employed by the State or a | 7 |
| local
governmental entity as, or otherwise serving as, a member | 8 |
| or officer of
a fire department either for the purpose of the | 9 |
| prevention or control of fire
or the underwater recovery of | 10 |
| drowning victims, including volunteer firemen.
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| (c) "Local governmental entity" includes counties, | 12 |
| municipalities
and municipal corporations.
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| (d) "State" means the State of Illinois and its | 14 |
| departments,
divisions, boards, bureaus, commissions, | 15 |
| authorities and colleges and
universities.
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| (e) "Killed in the line of duty" means losing one's life as | 17 |
| a result
of injury received in the active performance of duties | 18 |
| as a law
enforcement officer, civil defense worker, civil air | 19 |
| patrol member,
paramedic, fireman, or chaplain if the death | 20 |
| occurs within
one year from the date
the injury was received | 21 |
| and if that injury arose from violence or other
accidental | 22 |
| cause. In the case of a State employee to whom the immediately | 23 |
| preceding definition does not apply , "killed in the line
of | 24 |
| duty" means losing one's life as a result of injury received in | 25 |
| the
active performance of his or her
one's duties as a State | 26 |
| employee, if the death occurs
within one year from the date the | 27 |
| injury was received and if that injury
arose from a willful act | 28 |
| of violence by another State employee committed
during such | 29 |
| other employee's course of employment and after January 1,
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| 1988. | 31 |
| The term excludes death resulting from the willful
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| misconduct or intoxication of the officer, civil defense | 33 |
| worker, civil
air patrol member, paramedic, fireman, chaplain, | 34 |
| or State employee.
However,
the burden of proof of
such willful | 35 |
| misconduct or intoxication of the officer, civil defense
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| worker, civil air patrol member, paramedic,
fireman, chaplain, |
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| or State employee is on the Attorney
General. | 2 |
| Subject to the conditions set forth in subsection (a) with
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| respect to inclusion under this Act of Department of | 4 |
| Corrections employees
described in that subsection, for the | 5 |
| purposes of this Act, instances in
which a law enforcement | 6 |
| officer receives an injury in the active
performance of duties | 7 |
| as a law enforcement officer include but are not
limited to | 8 |
| instances when:
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| (1) the injury is received as a result of a wilful act | 10 |
| of violence
committed other than by the officer and a | 11 |
| relationship exists between the
commission of such act and | 12 |
| the officer's
performance of his duties as a law | 13 |
| enforcement officer, whether or not the
injury is received | 14 |
| while the officer is on duty as a law enforcement officer;
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| (2) the injury is received by the officer while the | 16 |
| officer is
attempting to prevent the commission of a | 17 |
| criminal act by another or
attempting to apprehend an | 18 |
| individual the officer suspects has committed a
crime, | 19 |
| whether or not the injury is received while the officer is | 20 |
| on duty
as a law enforcement officer;
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| (3) the injury is received by the officer while the | 22 |
| officer is
travelling to or from his employment as a law | 23 |
| enforcement officer or during
any meal break, or other | 24 |
| break, which takes place during the period in
which the | 25 |
| officer is on duty as a law enforcement officer.
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| (f) "Volunteer fireman" means a person having principal | 27 |
| employment
other than as a fireman, but who is carried on the | 28 |
| rolls of a regularly
constituted fire department either for the | 29 |
| purpose of the prevention or
control of fire or the underwater | 30 |
| recovery of drowning victims, the members
of which are under | 31 |
| the
jurisdiction of the corporate authorities of a city, | 32 |
| village,
incorporated town, or fire protection district, and | 33 |
| includes a volunteer
member of a fire department organized | 34 |
| under the "General Not for Profit
Corporation Act", approved | 35 |
| July 17, 1943, as now or hereafter amended,
which is under | 36 |
| contract with any city, village, incorporated town, fire
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| protection district, or persons residing therein, for fire | 2 |
| fighting
services. "Volunteer fireman" does not mean an | 3 |
| individual who
volunteers assistance without being regularly | 4 |
| enrolled as a fireman.
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| (g) "Civil defense worker" means any person employed by the | 6 |
| State or
a local governmental entity as, or otherwise serving | 7 |
| as, a member of a
civil defense work force, including volunteer | 8 |
| civil defense work forces
engaged in serving the public | 9 |
| interest during periods of disaster,
whether natural or | 10 |
| man-made.
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| (h) "Civil air patrol member" means any person employed by | 12 |
| the State
or a local governmental entity as, or otherwise | 13 |
| serving as, a member of
the organization commonly known as the | 14 |
| "Civil Air Patrol", including
volunteer members of the | 15 |
| organization commonly known as the "Civil Air Patrol".
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| (i) "Paramedic" means an Emergency Medical | 17 |
| Technician-Paramedic certified by
the Illinois Department of | 18 |
| Public Health under the Emergency Medical
Services (EMS) | 19 |
| Systems Act, and all other emergency medical personnel
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| certified by the Illinois Department of Public Health who are | 21 |
| members of an
organized body or not-for-profit corporation | 22 |
| under the jurisdiction of
a city, village, incorporated town, | 23 |
| fire protection district or county, that
provides emergency | 24 |
| medical treatment to persons of a defined geographical area.
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| (j) "State employee" means any employee as defined in | 26 |
| Section
14-103.05 of the Illinois Pension Code, as now or | 27 |
| hereafter amended.
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| (k) "Chaplain" means an individual who:
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| (1) is a chaplain of (i) a fire
department or (ii) a | 30 |
| police department
or other agency
consisting of law | 31 |
| enforcement officers; and
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| (2) has been designated a chaplain by (i) the
fire | 33 |
| department, police department, or other agency or an | 34 |
| officer
or body having jurisdiction over the department or | 35 |
| agency or (ii) a labor
organization representing the | 36 |
| firemen or law enforcement officers.
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| (Source: P.A. 89-323, eff. 1-1-96.)
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| Section 10. The Public Safety Employee Benefits Act is | 3 |
| amended by changing Sections 10 and 15 as follows:
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| (820 ILCS 320/10)
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| Sec. 10. Required health coverage benefits.
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| (a) An employer who employs a full-time law enforcement, | 7 |
| correctional or
correctional probation officer, or | 8 |
| firefighter, who, on or after the effective
date of this Act | 9 |
| suffers a catastrophic injury or is killed in the line of duty
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| and a State employer who employs a security guard on a | 11 |
| full-time, part-time, temporary, or contractual-payroll basis | 12 |
| who, on or before September 1, 2004, suffers a catastrophic | 13 |
| injury or is killed in the line of duty shall pay the entire | 14 |
| premium of the employer's health insurance plan for the
injured | 15 |
| employee, the injured employee's spouse, and for each dependent | 16 |
| child
of the injured employee until the child reaches the age | 17 |
| of majority or until
the end of the calendar year in which the | 18 |
| child reaches the age of 25 if the
child continues to be | 19 |
| dependent for support or the child is a full-time or
part-time | 20 |
| student and is dependent for support. The term "health | 21 |
| insurance
plan" does not include supplemental benefits that are | 22 |
| not part of the basic
group health insurance plan.
If the
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| injured employee subsequently dies, the employer shall | 24 |
| continue to pay the
entire health insurance premium for the | 25 |
| surviving spouse until remarried and
for the dependent children | 26 |
| under the conditions established in this Section.
However:
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| (1) Health insurance benefits payable from any other | 28 |
| source shall reduce
benefits payable under this Section.
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| (2) It is unlawful for a person to willfully and | 30 |
| knowingly make, or cause
to be made, or to assist, conspire | 31 |
| with, or urge another to make, or cause to
be made, any | 32 |
| false, fraudulent, or misleading oral or written statement | 33 |
| to
obtain health insurance coverage as provided under this | 34 |
| Section. A violation
of this item is a Class A misdemeanor.
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| (3) Upon conviction for a violation described in item | 2 |
| (2), a law
enforcement, correctional or correctional | 3 |
| probation officer, security guard, or other
beneficiary | 4 |
| who receives or seeks to receive health insurance benefits | 5 |
| under
this Section shall forfeit the right to receive | 6 |
| health insurance benefits and
shall reimburse the employer | 7 |
| for all benefits paid due to the fraud or other
prohibited | 8 |
| activity. For purposes of this item, "conviction" means a
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| determination of guilt that is the result of a plea or | 10 |
| trial, regardless of
whether adjudication is withheld.
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| (b) In order for the law enforcement, correctional or | 12 |
| correctional probation
officer, security guard, firefighter, | 13 |
| spouse, or dependent children to be eligible for
insurance | 14 |
| coverage under this Act, the injury or death must have occurred | 15 |
| as
the result of the officer's or security guard's response to | 16 |
| fresh pursuit, the officer's, security guard's,
officer or
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| firefighter's response to what is reasonably believed to be an | 18 |
| emergency, an
unlawful act perpetrated by another, or during | 19 |
| the investigation of a criminal
act. Nothing in this Section | 20 |
| shall be construed to limit health insurance
coverage or | 21 |
| pension benefits for which the officer, security guard, | 22 |
| firefighter, spouse, or
dependent children may otherwise be | 23 |
| eligible.
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| (Source: P.A. 90-535, eff. 11-14-97.)
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| (820 ILCS 320/15)
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| Sec. 15. Required educational benefits. If a firefighter, | 27 |
| law enforcement,
or correctional or correctional probation | 28 |
| officer is accidentally or unlawfully
and intentionally killed | 29 |
| as specified in subsection (b) of Section 10 on or after July | 30 |
| 1, 1980, and if a security guard employed by the State is | 31 |
| accidentally or unlawfully and intentionally killed as | 32 |
| specified in subsection (b) of Section 10 on or before | 33 |
| September 1, 2004, the State shall waive certain
educational | 34 |
| expenses which children of the deceased incur while obtaining a
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| vocational-technical certificate or an undergraduate education |
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| at a State
supported institution. The amount waived by the | 2 |
| State shall be an amount equal
to the cost of tuition and | 3 |
| matriculation and registration fees for a total of
120 credit | 4 |
| hours. The child may attend a State vocational-technical | 5 |
| school, a
public community college, or a State university. The | 6 |
| child may attend any or
all of the institutions specified in | 7 |
| this Section, on either a full-time or
part-time basis. The | 8 |
| benefits provided under this Section shall continue to
the | 9 |
| child until the child's 25th birthday.
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| (1) Upon failure of any child benefited by the | 11 |
| provisions of this Section
to comply with the ordinary and | 12 |
| minimum requirements of the institution
attended, both as | 13 |
| to discipline and scholarship, the benefits shall be
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| withdrawn as to the child and no further moneys may be | 15 |
| expended for the
child's benefits so long as the failure or | 16 |
| delinquency continues.
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| (2) Only a student in good standing in his or her | 18 |
| respective institution
may receive the benefits under this | 19 |
| Section.
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| (3) A child receiving benefits under this Section must | 21 |
| be enrolled
according to the customary rules and | 22 |
| requirements of the institution attended.
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| (Source: P.A. 92-651, eff. 7-11-02.)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.
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