Illinois General Assembly - Full Text of SB2368
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Full Text of SB2368  99th General Assembly

SB2368eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Central Management Services
5Law of the Civil Administrative Code of Illinois is amended by
6changing Sections 405-20, 405-250, and 405-410 as follows:
 
7    (20 ILCS 405/405-20)  (was 20 ILCS 405/35.7)
8    Sec. 405-20. Fiscal policy information to Governor;
9information technology statistical research planning.
10    (a) The Department shall be responsible for providing the
11Governor with timely, comprehensive, and meaningful
12information pertinent to the formulation and execution of
13fiscal policy. In performing this responsibility the
14Department shall have the power and duty to do the following:
15        (1) Control the procurement, retention, installation,
16    maintenance, and operation, as specified by the Director,
17    of information technology electronic data processing
18    equipment and software used by State agencies in such a
19    manner as to achieve maximum economy and provide adequate
20    assistance in the development of information suitable for
21    management analysis.
22        (2) Establish principles and standards of information
23    technology statistical reporting by State agencies and

 

 

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1    priorities for completion of research by those agencies in
2    accordance with the requirements for management analysis
3    as specified by the Director.
4        (3) Establish, through the Director, charges for
5    information technology statistical services requested by
6    State agencies and rendered by the Department. The
7    Department is likewise empowered through the Director to
8    establish prices or charges for information technology
9    services rendered by the Department for all statistical
10    reports purchased by agencies and individuals not
11    connected with State government.
12        (4) Instruct all State agencies as the Director may
13    require to report regularly to the Department, in the
14    manner the Director may prescribe, their usage of
15    information technology electronic information devices and
16    services, the cost incurred, the information produced, and
17    the procedures followed in obtaining the information. All
18    State agencies shall request of the Director any
19    information technology resources statistical services
20    requiring the use of electronic devices and shall conform
21    to the priorities assigned by the Director in using those
22    electronic devices.
23        (5) Examine the accounts, use of information
24    technology resources, and statistical data of any
25    organization, body, or agency receiving appropriations
26    from the General Assembly.

 

 

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1        (6) Install and operate a modern information system
2    utilizing equipment adequate to satisfy the requirements
3    for analysis and review as specified by the Director.
4    Expenditures for information technology statistical
5    services rendered shall be reimbursed by the recipients.
6    The reimbursement shall be determined by the Director as
7    amounts sufficient to reimburse the Technology Management
8    Statistical Services Revolving Fund for expenditures
9    incurred in rendering the services.
10    (b) In addition to the other powers and duties listed in
11this Section, the Department shall analyze the present and
12future aims, needs, and requirements of information technology
13statistical research and planning in order to provide for the
14formulation of overall policy relative to the use of electronic
15data processing equipment and software by the State of
16Illinois. In making this analysis, the Department under the
17Director shall formulate a master plan for the use of
18information technology statistical research, utilizing
19electronic equipment, software, and services most
20advantageously, and advising whether electronic data
21processing equipment and software should be leased or purchased
22by the State. The Department under the Director shall prepare
23and submit interim reports of meaningful developments and
24proposals for legislation to the Governor on or before January
2530 each year. The Department under the Director shall engage in
26a continuing analysis and evaluation of the master plan so

 

 

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1developed, and it shall be the responsibility of the Department
2to recommend from time to time any needed amendments and
3modifications of any master plan enacted by the General
4Assembly.
5    (c) For the purposes of this Section, Section 405-245, and
6paragraph (4) of Section 405-10 only, "State agencies" means
7all departments, boards, commissions, and agencies of the State
8of Illinois subject to the Governor.
9(Source: P.A. 94-91, eff. 7-1-05.)
 
10    (20 ILCS 405/405-250)  (was 20 ILCS 405/35.7a)
11    Sec. 405-250. Information technology Statistical services;
12use of information technology electronic data processing
13equipment and software. The Department may make information
14technology resources statistical services and the use of
15information technology electronic data processing equipment
16and software, including necessary telecommunications lines and
17equipment, available to local governments, elected State
18officials, State educational institutions, and all other
19governmental units of the State requesting them. The Director
20is empowered to establish prices and charges for the
21information technology resources statistical services so
22furnished and for the use of the information technology
23electronic data processing equipment and software and
24necessary telecommunications lines and equipment. The prices
25and charges shall be sufficient to reimburse the cost of

 

 

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1furnishing the services and use of equipment, software, and
2lines.
3(Source: P.A. 91-239, eff. 1-1-00.)
 
4    (20 ILCS 405/405-410)
5    Sec. 405-410. Transfer of Information Technology
6functions.
7    (a) Notwithstanding any other law to the contrary, the
8Director of Central Management Services, working in
9cooperation with the Director of any other agency, department,
10board, or commission directly responsible to the Governor, may
11direct the transfer, to the Department of Central Management
12Services, of those information technology functions at that
13agency, department, board, or commission that are suitable for
14centralization.
15    Upon receipt of the written direction to transfer
16information technology functions to the Department of Central
17Management Services, the personnel, equipment, and property
18(both real and personal) directly relating to the transferred
19functions shall be transferred to the Department of Central
20Management Services, and the relevant documents, records, and
21correspondence shall be transferred or copied, as the Director
22may prescribe.
23    (b) Upon receiving written direction from the Director of
24Central Management Services, the Comptroller and Treasurer are
25authorized to transfer the unexpended balance of any

 

 

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1appropriations related to the information technology functions
2transferred to the Department of Central Management Services
3and shall make the necessary fund transfers from any special
4fund in the State Treasury or from any other federal or State
5trust fund held by the Treasurer to the General Revenue Fund or
6, the Technology Management Statistical Services Revolving
7Fund, or the Communications Revolving Fund, as designated by
8the Director of Central Management Services, for use by the
9Department of Central Management Services in support of
10information technology functions or any other related costs or
11expenses of the Department of Central Management Services.
12    (c) The rights of employees and the State and its agencies
13under the Personnel Code and applicable collective bargaining
14agreements or under any pension, retirement, or annuity plan
15shall not be affected by any transfer under this Section.
16    (d) The functions transferred to the Department of Central
17Management Services by this Section shall be vested in and
18shall be exercised by the Department of Central Management
19Services. Each act done in the exercise of those functions
20shall have the same legal effect as if done by the agencies,
21offices, divisions, departments, bureaus, boards and
22commissions from which they were transferred.
23    Every person or other entity shall be subject to the same
24obligations and duties and any penalties, civil or criminal,
25arising therefrom, and shall have the same rights arising from
26the exercise of such rights, powers, and duties as had been

 

 

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1exercised by the agencies, offices, divisions, departments,
2bureaus, boards, and commissions from which they were
3transferred.
4    Whenever reports or notices are now required to be made or
5given or papers or documents furnished or served by any person
6in regards to the functions transferred to or upon the
7agencies, offices, divisions, departments, bureaus, boards,
8and commissions from which the functions were transferred, the
9same shall be made, given, furnished or served in the same
10manner to or upon the Department of Central Management
11Services.
12    This Section does not affect any act done, ratified, or
13cancelled or any right occurring or established or any action
14or proceeding had or commenced in an administrative, civil, or
15criminal cause regarding the functions transferred, but those
16proceedings may be continued by the Department of Central
17Management Services.
18    This Section does not affect the legality of any rules in
19the Illinois Administrative Code regarding the functions
20transferred in this Section that are in force on the effective
21date of this Section. If necessary, however, the affected
22agencies shall propose, adopt, or repeal rules, rule
23amendments, and rule recodifications as appropriate to
24effectuate this Section.
25(Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04;
2693-1067, eff. 1-15-05.)
 

 

 

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1    Section 10. The State Finance Act is amended by changing
2Sections 5.12, 5.55, 6p-1, 6p-2, 6z-34, and 8.16a as follows:
 
3    (30 ILCS 105/5.12)  (from Ch. 127, par. 141.12)
4    Sec. 5.12. The Communications Revolving Fund. This Section
5is repealed on December 31, 2016.
6(Source: Laws 1919, p. 946.)
 
7    (30 ILCS 105/5.55)  (from Ch. 127, par. 141.55)
8    Sec. 5.55. The Technology Management Statistical Services
9Revolving Fund.
10(Source: Laws 1919, p. 946.)
 
11    (30 ILCS 105/6p-1)  (from Ch. 127, par. 142p1)
12    Sec. 6p-1. The Technology Management Revolving Fund
13(formerly known as the Statistical Services Revolving Fund)
14shall be initially financed by a transfer of funds from the
15General Revenue Fund. Thereafter, all fees and other monies
16received by the Department of Central Management Services in
17payment for statistical services rendered pursuant to Section
18405-20 of the Department of Central Management Services Law (20
19ILCS 405/405-20) shall be paid into the Technology Management
20Statistical Services Revolving Fund. On and after July 1, 2016,
21or after sufficient moneys have been received in the
22Communications Revolving Fund to pay all Fiscal Year 2016

 

 

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1obligations payable from the Fund, whichever is later, all fees
2and other moneys received by the Department of Central
3Management Services in payment for communications services
4rendered pursuant to the Department of Central Management
5Services Law of the Civil Administrative Code of Illinois or
6sale of surplus State communications equipment shall be paid
7into the Technology Management Revolving Fund. The money in
8this fund shall be used by the Department of Central Management
9Services as reimbursement for expenditures incurred in
10rendering statistical services and, beginning July 1, 2016, as
11reimbursement for expenditures incurred in relation to
12communications services.
13(Source: P.A. 91-239, eff. 1-1-00.)
 
14    (30 ILCS 105/6p-2)  (from Ch. 127, par. 142p2)
15    Sec. 6p-2. The Communications Revolving Fund shall be
16initially financed by a transfer of funds from the General
17Revenue Fund. Thereafter, all fees and other monies received by
18the Department of Central Management Services in payment for
19communications services rendered pursuant to the Department of
20Central Management Services Law or sale of surplus State
21communications equipment shall be paid into the Communications
22Revolving Fund. Except as otherwise provided in this Section,
23the money in this fund shall be used by the Department of
24Central Management Services as reimbursement for expenditures
25incurred in relation to communications services.

 

 

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1    On the effective date of this amendatory Act of the 93rd
2General Assembly, or as soon as practicable thereafter, the
3State Comptroller shall order transferred and the State
4Treasurer shall transfer $3,000,000 from the Communications
5Revolving Fund to the Emergency Public Health Fund to be used
6for the purposes specified in Section 55.6a of the
7Environmental Protection Act.
8    In addition to any other transfers that may be provided for
9by law, on July 1, 2011, or as soon thereafter as practical,
10the State Comptroller shall direct and the State Treasurer
11shall transfer the sum of $5,000,000 from the General Revenue
12Fund to the Communications Revolving Fund.
13    Notwithstanding any other provision of law, in addition to
14any other transfers that may be provided by law, on July 1,
152016, or after sufficient moneys have been received in the
16Communications Revolving Fund to pay all Fiscal Year 2016
17obligations payable from the Fund, whichever is later, the
18State Comptroller shall direct and the State Treasurer shall
19transfer the remaining balance from the Communications
20Revolving Fund into the Technology Management Revolving Fund.
21Upon completion of the transfer, any future deposits due to
22that Fund and any outstanding obligations or liabilities of
23that Fund pass to the Technology Management Revolving Fund.
24(Source: P.A. 97-641, eff. 12-19-11.)
 
25    (30 ILCS 105/6z-34)

 

 

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1    Sec. 6z-34. Secretary of State Special Services Fund. There
2is created in the State Treasury a special fund to be known as
3the Secretary of State Special Services Fund. Moneys deposited
4into the Fund may, subject to appropriation, be used by the
5Secretary of State for any or all of the following purposes:
6        (1) For general automation efforts within operations
7    of the Office of Secretary of State.
8        (2) For technology applications in any form that will
9    enhance the operational capabilities of the Office of
10    Secretary of State.
11        (3) To provide funds for any type of library grants
12    authorized and administered by the Secretary of State as
13    State Librarian.
14    These funds are in addition to any other funds otherwise
15authorized to the Office of Secretary of State for like or
16similar purposes.
17    On August 15, 1997, all fiscal year 1997 receipts that
18exceed the amount of $15,000,000 shall be transferred from this
19Fund to the Statistical Services Revolving Fund (now known as
20the Technology Management Revolving Fund); on August 15, 1998
21and each year thereafter through 2000, all receipts from the
22fiscal year ending on the previous June 30th that exceed the
23amount of $17,000,000 shall be transferred from this Fund to
24the Statistical Services Revolving Fund (now known as the
25Technology Management Revolving Fund); on August 15, 2001 and
26each year thereafter through 2002, all receipts from the fiscal

 

 

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1year ending on the previous June 30th that exceed the amount of
2$19,000,000 shall be transferred from this Fund to the
3Statistical Services Revolving Fund (now known as the
4Technology Management Revolving Fund); and on August 15, 2003
5and each year thereafter, all receipts from the fiscal year
6ending on the previous June 30th that exceed the amount of
7$33,000,000 shall be transferred from this Fund to the
8Technology Management Revolving Fund (formerly known as the
9Statistical Services Revolving Fund).
10(Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)
 
11    (30 ILCS 105/8.16a)  (from Ch. 127, par. 144.16a)
12    Sec. 8.16a. Appropriations for the procurement,
13installation, retention, maintenance and operation of
14electronic data processing and information technology devices
15and software used by state agencies subject to Section 405-20
16of the Department of Central Management Services Law (20 ILCS
17405/405-20), the purchase of necessary supplies and equipment
18and accessories thereto, and all other expenses incident to the
19operation and maintenance of those electronic data processing
20and information technology devices and software are payable
21from the Technology Management Statistical Services Revolving
22Fund. However, no contract shall be entered into or obligation
23incurred for any expenditure from the Technology Management
24Statistical Services Revolving Fund until after the purpose and
25amount has been approved in writing by the Director of Central

 

 

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1Management Services. Until there are sufficient funds in the
2Technology Management Revolving Fund (formerly known as the
3Statistical Services Revolving Fund) to carry out the purposes
4of this amendatory Act of 1965, however, the State agencies
5subject to that Section 405-20 shall, on written approval of
6the Director of Central Management Services, pay the cost of
7operating and maintaining electronic data processing systems
8from current appropriations as classified and standardized in
9the State Finance Act "An Act in relation to State finance",
10approved June 10, 1919, as amended.
11(Source: P.A. 91-239, eff. 1-1-00.)
 
12    Section 15. The Illinois Insurance Code is amended by
13changing Sections 408, 408.2, 1202, and 1206 as follows:
 
14    (215 ILCS 5/408)  (from Ch. 73, par. 1020)
15    Sec. 408. Fees and charges.
16    (1) The Director shall charge, collect and give proper
17acquittances for the payment of the following fees and charges:
18        (a) For filing all documents submitted for the
19    incorporation or organization or certification of a
20    domestic company, except for a fraternal benefit society,
21    $2,000.
22        (b) For filing all documents submitted for the
23    incorporation or organization of a fraternal benefit
24    society, $500.

 

 

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1        (c) For filing amendments to articles of incorporation
2    and amendments to declaration of organization, except for a
3    fraternal benefit society, a mutual benefit association, a
4    burial society or a farm mutual, $200.
5        (d) For filing amendments to articles of incorporation
6    of a fraternal benefit society, a mutual benefit
7    association or a burial society, $100.
8        (e) For filing amendments to articles of incorporation
9    of a farm mutual, $50.
10        (f) For filing bylaws or amendments thereto, $50.
11        (g) For filing agreement of merger or consolidation:
12            (i) for a domestic company, except for a fraternal
13        benefit society, a mutual benefit association, a
14        burial society, or a farm mutual, $2,000.
15            (ii) for a foreign or alien company, except for a
16        fraternal benefit society, $600.
17            (iii) for a fraternal benefit society, a mutual
18        benefit association, a burial society, or a farm
19        mutual, $200.
20        (h) For filing agreements of reinsurance by a domestic
21    company, $200.
22        (i) For filing all documents submitted by a foreign or
23    alien company to be admitted to transact business or
24    accredited as a reinsurer in this State, except for a
25    fraternal benefit society, $5,000.
26        (j) For filing all documents submitted by a foreign or

 

 

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1    alien fraternal benefit society to be admitted to transact
2    business in this State, $500.
3        (k) For filing declaration of withdrawal of a foreign
4    or alien company, $50.
5        (l) For filing annual statement by a domestic company,
6    except a fraternal benefit society, a mutual benefit
7    association, a burial society, or a farm mutual, $200.
8        (m) For filing annual statement by a domestic fraternal
9    benefit society, $100.
10        (n) For filing annual statement by a farm mutual, a
11    mutual benefit association, or a burial society, $50.
12        (o) For issuing a certificate of authority or renewal
13    thereof except to a foreign fraternal benefit society,
14    $400.
15        (p) For issuing a certificate of authority or renewal
16    thereof to a foreign fraternal benefit society, $200.
17        (q) For issuing an amended certificate of authority,
18    $50.
19        (r) For each certified copy of certificate of
20    authority, $20.
21        (s) For each certificate of deposit, or valuation, or
22    compliance or surety certificate, $20.
23        (t) For copies of papers or records per page, $1.
24        (u) For each certification to copies of papers or
25    records, $10.
26        (v) For multiple copies of documents or certificates

 

 

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1    listed in subparagraphs (r), (s), and (u) of paragraph (1)
2    of this Section, $10 for the first copy of a certificate of
3    any type and $5 for each additional copy of the same
4    certificate requested at the same time, unless, pursuant to
5    paragraph (2) of this Section, the Director finds these
6    additional fees excessive.
7        (w) For issuing a permit to sell shares or increase
8    paid-up capital:
9            (i) in connection with a public stock offering,
10        $300;
11            (ii) in any other case, $100.
12        (x) For issuing any other certificate required or
13    permissible under the law, $50.
14        (y) For filing a plan of exchange of the stock of a
15    domestic stock insurance company, a plan of
16    demutualization of a domestic mutual company, or a plan of
17    reorganization under Article XII, $2,000.
18        (z) For filing a statement of acquisition of a domestic
19    company as defined in Section 131.4 of this Code, $2,000.
20        (aa) For filing an agreement to purchase the business
21    of an organization authorized under the Dental Service Plan
22    Act or the Voluntary Health Services Plans Act or of a
23    health maintenance organization or a limited health
24    service organization, $2,000.
25        (bb) For filing a statement of acquisition of a foreign
26    or alien insurance company as defined in Section 131.12a of

 

 

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1    this Code, $1,000.
2        (cc) For filing a registration statement as required in
3    Sections 131.13 and 131.14, the notification as required by
4    Sections 131.16, 131.20a, or 141.4, or an agreement or
5    transaction required by Sections 124.2(2), 141, 141a, or
6    141.1, $200.
7        (dd) For filing an application for licensing of:
8            (i) a religious or charitable risk pooling trust or
9        a workers' compensation pool, $1,000;
10            (ii) a workers' compensation service company,
11        $500;
12            (iii) a self-insured automobile fleet, $200; or
13            (iv) a renewal of or amendment of any license
14        issued pursuant to (i), (ii), or (iii) above, $100.
15        (ee) For filing articles of incorporation for a
16    syndicate to engage in the business of insurance through
17    the Illinois Insurance Exchange, $2,000.
18        (ff) For filing amended articles of incorporation for a
19    syndicate engaged in the business of insurance through the
20    Illinois Insurance Exchange, $100.
21        (gg) For filing articles of incorporation for a limited
22    syndicate to join with other subscribers or limited
23    syndicates to do business through the Illinois Insurance
24    Exchange, $1,000.
25        (hh) For filing amended articles of incorporation for a
26    limited syndicate to do business through the Illinois

 

 

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1    Insurance Exchange, $100.
2        (ii) For a permit to solicit subscriptions to a
3    syndicate or limited syndicate, $100.
4        (jj) For the filing of each form as required in Section
5    143 of this Code, $50 per form. The fee for advisory and
6    rating organizations shall be $200 per form.
7            (i) For the purposes of the form filing fee,
8        filings made on insert page basis will be considered
9        one form at the time of its original submission.
10        Changes made to a form subsequent to its approval shall
11        be considered a new filing.
12            (ii) Only one fee shall be charged for a form,
13        regardless of the number of other forms or policies
14        with which it will be used.
15            (iii) Fees charged for a policy filed as it will be
16        issued regardless of the number of forms comprising
17        that policy shall not exceed $1,500. For advisory or
18        rating organizations, fees charged for a policy filed
19        as it will be issued regardless of the number of forms
20        comprising that policy shall not exceed $2,500.
21            (iv) The Director may by rule exempt forms from
22        such fees.
23        (kk) For filing an application for licensing of a
24    reinsurance intermediary, $500.
25        (ll) For filing an application for renewal of a license
26    of a reinsurance intermediary, $200.

 

 

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1    (2) When printed copies or numerous copies of the same
2paper or records are furnished or certified, the Director may
3reduce such fees for copies if he finds them excessive. He may,
4when he considers it in the public interest, furnish without
5charge to state insurance departments and persons other than
6companies, copies or certified copies of reports of
7examinations and of other papers and records.
8    (3) The expenses incurred in any performance examination
9authorized by law shall be paid by the company or person being
10examined. The charge shall be reasonably related to the cost of
11the examination including but not limited to compensation of
12examiners, electronic data processing costs, supervision and
13preparation of an examination report and lodging and travel
14expenses. All lodging and travel expenses shall be in accord
15with the applicable travel regulations as published by the
16Department of Central Management Services and approved by the
17Governor's Travel Control Board, except that out-of-state
18lodging and travel expenses related to examinations authorized
19under Section 132 shall be in accordance with travel rates
20prescribed under paragraph 301-7.2 of the Federal Travel
21Regulations, 41 C.F.R. 301-7.2, for reimbursement of
22subsistence expenses incurred during official travel. All
23lodging and travel expenses may be reimbursed directly upon
24authorization of the Director. With the exception of the direct
25reimbursements authorized by the Director, all performance
26examination charges collected by the Department shall be paid

 

 

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1to the Insurance Producer Administration Fund, however, the
2electronic data processing costs incurred by the Department in
3the performance of any examination shall be billed directly to
4the company being examined for payment to the Technology
5Management Statistical Services Revolving Fund.
6    (4) At the time of any service of process on the Director
7as attorney for such service, the Director shall charge and
8collect the sum of $20, which may be recovered as taxable costs
9by the party to the suit or action causing such service to be
10made if he prevails in such suit or action.
11    (5) (a) The costs incurred by the Department of Insurance
12in conducting any hearing authorized by law shall be assessed
13against the parties to the hearing in such proportion as the
14Director of Insurance may determine upon consideration of all
15relevant circumstances including: (1) the nature of the
16hearing; (2) whether the hearing was instigated by, or for the
17benefit of a particular party or parties; (3) whether there is
18a successful party on the merits of the proceeding; and (4) the
19relative levels of participation by the parties.
20    (b) For purposes of this subsection (5) costs incurred
21shall mean the hearing officer fees, court reporter fees, and
22travel expenses of Department of Insurance officers and
23employees; provided however, that costs incurred shall not
24include hearing officer fees or court reporter fees unless the
25Department has retained the services of independent
26contractors or outside experts to perform such functions.

 

 

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1    (c) The Director shall make the assessment of costs
2incurred as part of the final order or decision arising out of
3the proceeding; provided, however, that such order or decision
4shall include findings and conclusions in support of the
5assessment of costs. This subsection (5) shall not be construed
6as permitting the payment of travel expenses unless calculated
7in accordance with the applicable travel regulations of the
8Department of Central Management Services, as approved by the
9Governor's Travel Control Board. The Director as part of such
10order or decision shall require all assessments for hearing
11officer fees and court reporter fees, if any, to be paid
12directly to the hearing officer or court reporter by the
13party(s) assessed for such costs. The assessments for travel
14expenses of Department officers and employees shall be
15reimbursable to the Director of Insurance for deposit to the
16fund out of which those expenses had been paid.
17    (d) The provisions of this subsection (5) shall apply in
18the case of any hearing conducted by the Director of Insurance
19not otherwise specifically provided for by law.
20    (6) The Director shall charge and collect an annual
21financial regulation fee from every domestic company for
22examination and analysis of its financial condition and to fund
23the internal costs and expenses of the Interstate Insurance
24Receivership Commission as may be allocated to the State of
25Illinois and companies doing an insurance business in this
26State pursuant to Article X of the Interstate Insurance

 

 

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1Receivership Compact. The fee shall be the greater fixed amount
2based upon the combination of nationwide direct premium income
3and nationwide reinsurance assumed premium income or upon
4admitted assets calculated under this subsection as follows:
5        (a) Combination of nationwide direct premium income
6    and nationwide reinsurance assumed premium.
7            (i) $150, if the premium is less than $500,000 and
8        there is no reinsurance assumed premium;
9            (ii) $750, if the premium is $500,000 or more, but
10        less than $5,000,000 and there is no reinsurance
11        assumed premium; or if the premium is less than
12        $5,000,000 and the reinsurance assumed premium is less
13        than $10,000,000;
14            (iii) $3,750, if the premium is less than
15        $5,000,000 and the reinsurance assumed premium is
16        $10,000,000 or more;
17            (iv) $7,500, if the premium is $5,000,000 or more,
18        but less than $10,000,000;
19            (v) $18,000, if the premium is $10,000,000 or more,
20        but less than $25,000,000;
21            (vi) $22,500, if the premium is $25,000,000 or
22        more, but less than $50,000,000;
23            (vii) $30,000, if the premium is $50,000,000 or
24        more, but less than $100,000,000;
25            (viii) $37,500, if the premium is $100,000,000 or
26        more.

 

 

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1        (b) Admitted assets.
2            (i) $150, if admitted assets are less than
3        $1,000,000;
4            (ii) $750, if admitted assets are $1,000,000 or
5        more, but less than $5,000,000;
6            (iii) $3,750, if admitted assets are $5,000,000 or
7        more, but less than $25,000,000;
8            (iv) $7,500, if admitted assets are $25,000,000 or
9        more, but less than $50,000,000;
10            (v) $18,000, if admitted assets are $50,000,000 or
11        more, but less than $100,000,000;
12            (vi) $22,500, if admitted assets are $100,000,000
13        or more, but less than $500,000,000;
14            (vii) $30,000, if admitted assets are $500,000,000
15        or more, but less than $1,000,000,000;
16            (viii) $37,500, if admitted assets are
17        $1,000,000,000 or more.
18        (c) The sum of financial regulation fees charged to the
19    domestic companies of the same affiliated group shall not
20    exceed $250,000 in the aggregate in any single year and
21    shall be billed by the Director to the member company
22    designated by the group.
23    (7) The Director shall charge and collect an annual
24financial regulation fee from every foreign or alien company,
25except fraternal benefit societies, for the examination and
26analysis of its financial condition and to fund the internal

 

 

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1costs and expenses of the Interstate Insurance Receivership
2Commission as may be allocated to the State of Illinois and
3companies doing an insurance business in this State pursuant to
4Article X of the Interstate Insurance Receivership Compact. The
5fee shall be a fixed amount based upon Illinois direct premium
6income and nationwide reinsurance assumed premium income in
7accordance with the following schedule:
8        (a) $150, if the premium is less than $500,000 and
9    there is no reinsurance assumed premium;
10        (b) $750, if the premium is $500,000 or more, but less
11    than $5,000,000 and there is no reinsurance assumed
12    premium; or if the premium is less than $5,000,000 and the
13    reinsurance assumed premium is less than $10,000,000;
14        (c) $3,750, if the premium is less than $5,000,000 and
15    the reinsurance assumed premium is $10,000,000 or more;
16        (d) $7,500, if the premium is $5,000,000 or more, but
17    less than $10,000,000;
18        (e) $18,000, if the premium is $10,000,000 or more, but
19    less than $25,000,000;
20        (f) $22,500, if the premium is $25,000,000 or more, but
21    less than $50,000,000;
22        (g) $30,000, if the premium is $50,000,000 or more, but
23    less than $100,000,000;
24        (h) $37,500, if the premium is $100,000,000 or more.
25    The sum of financial regulation fees under this subsection
26(7) charged to the foreign or alien companies within the same

 

 

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1affiliated group shall not exceed $250,000 in the aggregate in
2any single year and shall be billed by the Director to the
3member company designated by the group.
4    (8) Beginning January 1, 1992, the financial regulation
5fees imposed under subsections (6) and (7) of this Section
6shall be paid by each company or domestic affiliated group
7annually. After January 1, 1994, the fee shall be billed by
8Department invoice based upon the company's premium income or
9admitted assets as shown in its annual statement for the
10preceding calendar year. The invoice is due upon receipt and
11must be paid no later than June 30 of each calendar year. All
12financial regulation fees collected by the Department shall be
13paid to the Insurance Financial Regulation Fund. The Department
14may not collect financial examiner per diem charges from
15companies subject to subsections (6) and (7) of this Section
16undergoing financial examination after June 30, 1992.
17    (9) In addition to the financial regulation fee required by
18this Section, a company undergoing any financial examination
19authorized by law shall pay the following costs and expenses
20incurred by the Department: electronic data processing costs,
21the expenses authorized under Section 131.21 and subsection (d)
22of Section 132.4 of this Code, and lodging and travel expenses.
23    Electronic data processing costs incurred by the
24Department in the performance of any examination shall be
25billed directly to the company undergoing examination for
26payment to the Technology Management Statistical Services

 

 

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1Revolving Fund. Except for direct reimbursements authorized by
2the Director or direct payments made under Section 131.21 or
3subsection (d) of Section 132.4 of this Code, all financial
4regulation fees and all financial examination charges
5collected by the Department shall be paid to the Insurance
6Financial Regulation Fund.
7    All lodging and travel expenses shall be in accordance with
8applicable travel regulations published by the Department of
9Central Management Services and approved by the Governor's
10Travel Control Board, except that out-of-state lodging and
11travel expenses related to examinations authorized under
12Sections 132.1 through 132.7 shall be in accordance with travel
13rates prescribed under paragraph 301-7.2 of the Federal Travel
14Regulations, 41 C.F.R. 301-7.2, for reimbursement of
15subsistence expenses incurred during official travel. All
16lodging and travel expenses may be reimbursed directly upon the
17authorization of the Director.
18    In the case of an organization or person not subject to the
19financial regulation fee, the expenses incurred in any
20financial examination authorized by law shall be paid by the
21organization or person being examined. The charge shall be
22reasonably related to the cost of the examination including,
23but not limited to, compensation of examiners and other costs
24described in this subsection.
25    (10) Any company, person, or entity failing to make any
26payment of $150 or more as required under this Section shall be

 

 

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1subject to the penalty and interest provisions provided for in
2subsections (4) and (7) of Section 412.
3    (11) Unless otherwise specified, all of the fees collected
4under this Section shall be paid into the Insurance Financial
5Regulation Fund.
6    (12) For purposes of this Section:
7        (a) "Domestic company" means a company as defined in
8    Section 2 of this Code which is incorporated or organized
9    under the laws of this State, and in addition includes a
10    not-for-profit corporation authorized under the Dental
11    Service Plan Act or the Voluntary Health Services Plans
12    Act, a health maintenance organization, and a limited
13    health service organization.
14        (b) "Foreign company" means a company as defined in
15    Section 2 of this Code which is incorporated or organized
16    under the laws of any state of the United States other than
17    this State and in addition includes a health maintenance
18    organization and a limited health service organization
19    which is incorporated or organized under the laws of any
20    state of the United States other than this State.
21        (c) "Alien company" means a company as defined in
22    Section 2 of this Code which is incorporated or organized
23    under the laws of any country other than the United States.
24        (d) "Fraternal benefit society" means a corporation,
25    society, order, lodge or voluntary association as defined
26    in Section 282.1 of this Code.

 

 

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1        (e) "Mutual benefit association" means a company,
2    association or corporation authorized by the Director to do
3    business in this State under the provisions of Article
4    XVIII of this Code.
5        (f) "Burial society" means a person, firm,
6    corporation, society or association of individuals
7    authorized by the Director to do business in this State
8    under the provisions of Article XIX of this Code.
9        (g) "Farm mutual" means a district, county and township
10    mutual insurance company authorized by the Director to do
11    business in this State under the provisions of the Farm
12    Mutual Insurance Company Act of 1986.
13(Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11;
1497-813, eff. 7-13-12; 98-463, eff. 8-16-13.)
 
15    (215 ILCS 5/408.2)  (from Ch. 73, par. 1020.2)
16    Sec. 408.2. Statistical Services. Any public record, or any
17data obtained by the Department of Insurance, which is subject
18to public inspection or copying and which is maintained on a
19computer processible medium, may be furnished in a computer
20processed or computer processible medium upon the written
21request of any applicant and the payment of a reasonable fee
22established by the Director sufficient to cover the total cost
23of the Department for processing, maintaining and generating
24such computer processible records or data, except to the extent
25of any salaries or compensation of Department officers or

 

 

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1employees.
2    The Director of Insurance is specifically authorized to
3contract with members of the public at large, enter waiver
4agreements, or otherwise enter written agreements for the
5purpose of assuring public access to the Department's computer
6processible records or data, or for the purpose of restricting,
7controlling or limiting such access where necessary to protect
8the confidentiality of individuals, companies or other
9entities identified by such documents.
10    All fees collected by the Director under this Section 408.2
11shall be deposited in the Technology Management Statistical
12Services Revolving Fund and credited to the account of the
13Department of Insurance. Any surplus funds remaining in such
14account at the close of any fiscal year shall be delivered to
15the State Treasurer for deposit in the Insurance Financial
16Regulation Fund.
17(Source: P.A. 84-989.)
 
18    (215 ILCS 5/1202)  (from Ch. 73, par. 1065.902)
19    Sec. 1202. Duties. The Director shall:
20        (a) determine the relationship of insurance premiums
21    and related income as compared to insurance costs and
22    expenses and provide such information to the General
23    Assembly and the general public;
24        (b) study the insurance system in the State of
25    Illinois, and recommend to the General Assembly what it

 

 

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1    deems to be the most appropriate and comprehensive cost
2    containment system for the State;
3        (c) respond to the requests by agencies of government
4    and the General Assembly for special studies and analysis
5    of data collected pursuant to this Article. Such reports
6    shall be made available in a form prescribed by the
7    Director. The Director may also determine a fee to be
8    charged to the requesting agency to cover the direct and
9    indirect costs for producing such a report, and shall
10    permit affected insurers the right to review the accuracy
11    of the report before it is released. The fees shall be
12    deposited into the Technology Management Statistical
13    Services Revolving Fund and credited to the account of the
14    Department of Insurance;
15        (d) make an interim report to the General Assembly no
16    later than August 15, 1987, and an a annual report to the
17    General Assembly no later than July 1 every year thereafter
18    which shall include the Director's findings and
19    recommendations regarding its duties as provided under
20    subsections (a), (b), and (c) of this Section.
21(Source: P.A. 98-226, eff. 1-1-14; revised 10-21-15.)
 
22    (215 ILCS 5/1206)  (from Ch. 73, par. 1065.906)
23    Sec. 1206. Expenses. The companies required to file reports
24under this Article shall pay a reasonable fee established by
25the Director sufficient to cover the total cost of the

 

 

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1Department incident to or associated with the administration
2and enforcement of this Article, including the collection,
3analysis and distribution of the insurance cost data, the
4conversion of hard copy reports to tape, and the compilation
5and analysis of basic reports. The Director may establish a
6schedule of fees for this purpose. Expenses for additional
7reports shall be billed to those requesting the reports. Any
8such fees collected under this Section shall be paid to the
9Director of Insurance and deposited into the Technology
10Management Statistical Services Revolving Fund and credited to
11the account of the Department of Insurance.
12(Source: P.A. 84-1431.)
 
13    Section 20. The Workers' Compensation Act is amended by
14changing Section 17 as follows:
 
15    (820 ILCS 305/17)  (from Ch. 48, par. 138.17)
16    Sec. 17. The Commission shall cause to be printed and
17furnish free of charge upon request by any employer or employee
18such blank forms as may facilitate or promote efficient
19administration and the performance of the duties of the
20Commission. It shall provide a proper record in which shall be
21entered and indexed the name of any employer who shall file a
22notice of declination or withdrawal under this Act, and the
23date of the filing thereof; and a proper record in which shall
24be entered and indexed the name of any employee who shall file

 

 

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1such notice of declination or withdrawal, and the date of the
2filing thereof; and such other notices as may be required by
3this Act; and records in which shall be recorded all
4proceedings, orders and awards had or made by the Commission or
5by the arbitration committees, and such other books or records
6as it shall deem necessary, all such records to be kept in the
7office of the Commission.
8    The Commission may destroy all papers and documents which
9have been on file for more than 5 years where there is no claim
10for compensation pending or where more than 2 years have
11elapsed since the termination of the compensation period.
12    The Commission shall compile and distribute to interested
13persons aggregate statistics, taken from any records and
14reports in the possession of the Commission. The aggregate
15statistics shall not give the names or otherwise identify
16persons sustaining injuries or disabilities or the employer of
17any injured person or person with a disability.
18    The Commission is authorized to establish reasonable fees
19and methods of payment limited to covering only the costs to
20the Commission for processing, maintaining and generating
21records or data necessary for the computerized production of
22documents, records and other materials except to the extent of
23any salaries or compensation of Commission officers or
24employees.
25    All fees collected by the Commission under this Section
26shall be deposited in the Technology Management Statistical

 

 

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1Services Revolving Fund and credited to the account of the
2Illinois Workers' Compensation Commission.
3(Source: P.A. 99-143, eff. 7-27-15.)
 
4    Section 25. The Workers' Occupational Diseases Act is
5amended by changing Section 17 as follows:
 
6    (820 ILCS 310/17)  (from Ch. 48, par. 172.52)
7    Sec. 17. The Commission shall cause to be printed and shall
8furnish free of charge upon request by any employer or employee
9such blank forms as it shall deem requisite to facilitate or
10promote the efficient administration of this Act, and the
11performance of the duties of the Commission. It shall provide a
12proper record in which shall be entered and indexed the name of
13any employer who shall file a notice of election under this
14Act, and the date of the filing thereof; and a proper record in
15which shall be entered and indexed the name of any employee who
16shall file a notice of election, and the date of the filing
17thereof; and such other notices as may be required by this Act;
18and records in which shall be recorded all proceedings, orders
19and awards had or made by the Commission, or by the arbitration
20committees, and such other books or records as it shall deem
21necessary, all such records to be kept in the office of the
22Commission. The Commission, in its discretion, may destroy all
23papers and documents except notices of election and waivers
24which have been on file for more than five years where there is

 

 

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1no claim for compensation pending, or where more than two years
2have elapsed since the termination of the compensation period.
3    The Commission shall compile and distribute to interested
4persons aggregate statistics, taken from any records and
5reports in the possession of the Commission. The aggregate
6statistics shall not give the names or otherwise identify
7persons sustaining injuries or disabilities or the employer of
8any injured person or person with a disability.
9    The Commission is authorized to establish reasonable fees
10and methods of payment limited to covering only the costs to
11the Commission for processing, maintaining and generating
12records or data necessary for the computerized production of
13documents, records and other materials except to the extent of
14any salaries or compensation of Commission officers or
15employees.
16    All fees collected by the Commission under this Section
17shall be deposited in the Technology Management Statistical
18Services Revolving Fund and credited to the account of the
19Illinois Workers' Compensation Commission.
20(Source: P.A. 99-143, eff. 7-27-15.)
 
21    Section 99. Effective date. This Act takes effect on July
221, 2016.