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| Public Act 096-0928 |
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AN ACT concerning State government.
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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 Department of Central Management Services | ||||
Law of the
Civil Administrative Code of Illinois is amended by | ||||
changing Section 405-105 as follows:
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(20 ILCS 405/405-105) (was 20 ILCS 405/64.1)
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Sec. 405-105. Fidelity, surety, property, and casualty | ||||
insurance. The Department
shall establish and implement a | ||||
program to coordinate
the handling of all fidelity, surety, | ||||
property, and casualty insurance
exposures of the State and the | ||||
departments, divisions, agencies,
branches,
and universities | ||||
of the State. In performing this responsibility, the
Department | ||||
shall have the power and duty to do the following:
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(1) Develop and maintain loss and exposure data on all | ||||
State
property.
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(2) Study the feasibility of establishing a self-insurance | ||||
plan
for
State property and prepare estimates of the costs of | ||||
reinsurance for
risks beyond the realistic limits of the | ||||
self-insurance.
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(3) Prepare a plan for centralizing the purchase of | ||||
property and
casualty insurance on State property under a | ||||
master policy or policies
and purchase the insurance contracted | ||||
for as provided in the
Illinois Purchasing Act.
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(4) Evaluate existing provisions for fidelity bonds | ||
required of
State employees and recommend changes that are | ||
appropriate
commensurate with risk experience and the | ||
determinations respecting
self-insurance or reinsurance so as | ||
to permit reduction of costs without
loss of coverage.
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(5) Investigate procedures for inclusion of school | ||
districts,
public community
college districts, and other units | ||
of local government in programs for
the centralized purchase of | ||
insurance.
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(6) Implement recommendations of the State Property
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Insurance
Study Commission that the Department finds necessary | ||
or desirable in
the
performance of its powers and duties under | ||
this Section to achieve
efficient and comprehensive risk | ||
management.
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(7) Prepare and, in the discretion of the Director, | ||
implement a plan providing for the purchase of public
liability | ||
insurance or for self-insurance for public liability or for a
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combination of purchased insurance and self-insurance for | ||
public
liability (i) covering the State and drivers of motor | ||
vehicles
owned,
leased, or controlled by the State of Illinois | ||
pursuant to the provisions
and limitations contained in the | ||
Illinois Vehicle Code, (ii)
covering
other public liability | ||
exposures of the State and its employees within
the scope of | ||
their employment, and (iii) covering drivers of motor
vehicles | ||
not owned, leased, or controlled by the State but used by a
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State employee on State business, in excess of liability | ||
covered by an
insurance policy obtained by the owner of the | ||
motor vehicle or in
excess of the dollar amounts that the | ||
Department shall
determine to be
reasonable. Any contract of | ||
insurance let under this Law shall be
by
bid in accordance with | ||
the procedure set forth in the Illinois
Purchasing Act. Any | ||
provisions for self-insurance shall conform to
subdivision | ||
(11).
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The term "employee" as used in this subdivision (7) and in | ||
subdivision
(11)
means a person while in the employ of the | ||
State who is a member of the
staff or personnel of a State | ||
agency, bureau, board, commission,
committee, department, | ||
university, or college or who is a State officer,
elected | ||
official, commissioner, member of or ex officio member of a
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State agency, bureau, board, commission, committee, | ||
department,
university, or college, or a member of the National | ||
Guard while on active
duty pursuant to orders of the Governor | ||
of the State of Illinois, or any
other person while using a | ||
licensed motor vehicle owned, leased, or
controlled by the | ||
State of Illinois with the authorization of the State
of | ||
Illinois, provided the actual use of the motor vehicle is
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within the scope of that
authorization and within the course of | ||
State service.
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Subsequent to payment of a claim on behalf of an employee | ||
pursuant to this
Section and after reasonable advance written | ||
notice to the employee, the
Director may exclude the employee | ||
from future coverage or limit the
coverage under the plan if | ||
(i) the Director determines that the
claim
resulted from an | ||
incident in which the employee was grossly negligent or
had | ||
engaged in willful and wanton misconduct or (ii) the
Director
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determines that the employee is no longer an acceptable risk | ||
based on a
review of prior accidents in which the employee was | ||
at fault and for which
payments were made pursuant to this | ||
Section.
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The Director is authorized to
promulgate administrative | ||
rules that may be necessary to
establish and
administer the | ||
plan.
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Appropriations from the Road Fund shall be used to pay auto | ||
liability claims
and related expenses involving employees of | ||
the Department of Transportation,
the Illinois State Police, | ||
and the Secretary of State.
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(8) Charge, collect, and receive from all other agencies of
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the State
government fees or monies equivalent to the cost of | ||
purchasing the insurance.
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(9) Establish, through the Director, charges for risk
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management
services
rendered to State agencies by the | ||
Department.
The State agencies so charged shall reimburse the | ||
Department by vouchers drawn
against their respective
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appropriations. The reimbursement shall be determined by the | ||
Director as
amounts sufficient to reimburse the Department
for | ||
expenditures incurred in rendering the service.
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The Department shall charge the
employing State agency or | ||
university for workers' compensation payments for
temporary | ||
total disability paid to any employee after the employee has
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received temporary total disability payments for 120 days if | ||
the employee's
treating physician has issued a release to | ||
return to work with restrictions
and the employee is able to | ||
perform modified duty work but the employing
State agency or
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university does not return the employee to work at modified | ||
duty. Modified
duty shall be duties assigned that may or may | ||
not be delineated
as part of the duties regularly performed by | ||
the employee. Modified duties
shall be assigned within the | ||
prescribed restrictions established by the
treating physician | ||
and the physician who performed the independent medical
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examination. The amount of all reimbursements
shall be | ||
deposited into the Workers' Compensation Revolving Fund which | ||
is
hereby created as a revolving fund in the State treasury. In | ||
addition to any other purpose authorized by law, moneys in the | ||
Fund
shall be used, subject to appropriation, to pay these or | ||
other temporary
total disability claims of employees of State | ||
agencies and universities.
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Beginning with fiscal year 1996, all amounts recovered by | ||
the
Department through subrogation in workers' compensation | ||
and workers'
occupational disease cases shall be
deposited into | ||
the Workers' Compensation Revolving Fund created under
this | ||
subdivision (9).
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(10) Establish rules, procedures, and forms to be used by
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State agencies
in the administration and payment of workers' | ||
compensation claims.
The Department shall initially evaluate | ||
and determine the compensability of
any injury that is
the | ||
subject of a workers' compensation claim and provide for the
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administration and payment of such a claim for all State | ||
agencies. The
Director may delegate to any agency with the | ||
agreement of the agency head
the responsibility for evaluation, | ||
administration, and payment of that
agency's claims.
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(11) Any plan for public liability self-insurance | ||
implemented
under this
Section shall provide that (i) the | ||
Department
shall attempt to settle and may settle any public | ||
liability claim filed
against the State of Illinois or any | ||
public liability claim filed
against a State employee on the | ||
basis of an occurrence in the course of
the employee's State | ||
employment; (ii) any settlement of
such a claim is not subject | ||
to fiscal year limitations and must be
approved by the Director | ||
and, in cases of
settlements exceeding $100,000, by the | ||
Governor; and (iii) a
settlement of
any public liability claim | ||
against the State or a State employee shall
require an | ||
unqualified release of any right of action against the State
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and the employee for acts within the scope of the employee's | ||
employment
giving rise to the claim.
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Whenever and to the extent that a State
employee operates a | ||
motor vehicle or engages in other activity covered
by | ||
self-insurance under this Section, the State of Illinois shall
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defend, indemnify, and hold harmless the employee against any | ||
claim in
tort filed against the employee for acts or omissions | ||
within the scope
of the employee's employment in any proper | ||
judicial forum and not
settled pursuant
to this subdivision | ||
(11), provided that this obligation of
the State of
Illinois | ||
shall not exceed a maximum liability of $2,000,000 for any
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single occurrence in connection with the operation of a motor | ||
vehicle or
$100,000 per person per occurrence for any other | ||
single occurrence,
or $500,000 for any single occurrence in | ||
connection with the provision of
medical care by a licensed | ||
physician employee.
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Any
claims against the State of Illinois under a | ||
self-insurance plan that
are not settled pursuant to this | ||
subdivision (11) shall be
heard and
determined by the Court of | ||
Claims and may not be filed or adjudicated
in any other forum. | ||
The Attorney General of the State of Illinois or
the Attorney | ||
General's designee shall be the attorney with respect
to all | ||
public liability
self-insurance claims that are not settled | ||
pursuant to this
subdivision (11)
and therefore result in | ||
litigation. The payment of any award of the
Court of Claims | ||
entered against the State relating to any public
liability | ||
self-insurance claim shall act as a release against any State
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employee involved in the occurrence.
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(12) Administer a plan the purpose of which is to make | ||
payments
on final
settlements or final judgments in accordance | ||
with the State Employee
Indemnification Act. The plan shall be | ||
funded through appropriations from the
General Revenue Fund | ||
specifically designated for that purpose, except that
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indemnification expenses for employees of the Department of | ||
Transportation,
the Illinois State Police, and the Secretary of | ||
State
shall be paid
from the Road
Fund. The term "employee" as | ||
used in this subdivision (12) has the same
meaning as under | ||
subsection (b) of Section 1 of the State Employee
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Indemnification Act. Subject to sufficient appropriation, the | ||
Director shall approve payment of any claim, without regard to | ||
fiscal year limitations, presented to
the Director
that is | ||
supported by a final settlement or final judgment when the | ||
Attorney
General and the chief officer of the public body | ||
against whose employee the
claim or cause of action is asserted | ||
certify to the Director that
the claim is in
accordance with | ||
the State Employee Indemnification Act and that they
approve
of | ||
the payment. In no event shall an amount in excess of $150,000 | ||
be paid from
this plan to or for the benefit of any claimant.
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(13) Administer a plan the purpose of which is to make | ||
payments
on final
settlements or final judgments for employee | ||
wage claims in situations where
there was an appropriation | ||
relevant to the wage claim, the fiscal year
and lapse period | ||
have expired, and sufficient funds were available
to
pay the | ||
claim. The plan shall be funded through
appropriations from the | ||
General Revenue Fund specifically designated for
that purpose.
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Subject to sufficient appropriation, the Director is | ||
authorized to pay any wage claim presented to the
Director
that | ||
is supported by a final settlement or final judgment when the | ||
chief
officer of the State agency employing the claimant | ||
certifies to the
Director that
the claim is a valid wage claim | ||
and that the fiscal year and lapse period
have expired. Payment | ||
for claims that are properly submitted and certified
as valid | ||
by the Director
shall include interest accrued at the rate of | ||
7% per annum from the
forty-fifth day after the claims are | ||
received by the Department or 45 days from the date on which | ||
the amount of payment
is agreed upon, whichever is later, until | ||
the date the claims are submitted
to the Comptroller for | ||
payment. When the Attorney General has filed an
appearance in | ||
any proceeding concerning a wage claim settlement or
judgment, | ||
the Attorney General shall certify to the Director that the | ||
wage claim is valid before any payment is
made. In no event | ||
shall an amount in excess of $150,000 be paid from this
plan to | ||
or for the benefit of any claimant.
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Nothing in Public Act 84-961 shall be construed to affect | ||
in any manner the jurisdiction of the
Court of Claims | ||
concerning wage claims made against the State of Illinois.
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(14) Prepare and, in the discretion of the Director, | ||
implement a program for
self-insurance for official
fidelity | ||
and surety bonds for officers and employees as authorized by | ||
the
Official Bond Act.
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(Source: P.A. 93-839, eff. 7-30-04.)
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Section 10. The State Finance Act is amended by changing | ||
Section 25 as follows:
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(30 ILCS 105/25) (from Ch. 127, par. 161)
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Sec. 25. Fiscal year limitations.
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(a) All appropriations shall be
available for expenditure | ||
for the fiscal year or for a lesser period if the
Act making | ||
that appropriation so specifies. A deficiency or emergency
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appropriation shall be available for expenditure only through | ||
June 30 of
the year when the Act making that appropriation is | ||
enacted unless that Act
otherwise provides.
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(b) Outstanding liabilities as of June 30, payable from | ||
appropriations
which have otherwise expired, may be paid out of | ||
the expiring
appropriations during the 2-month period ending at | ||
the
close of business on August 31. Any service involving
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professional or artistic skills or any personal services by an | ||
employee whose
compensation is subject to income tax | ||
withholding must be performed as of June
30 of the fiscal year | ||
in order to be considered an "outstanding liability as of
June | ||
30" that is thereby eligible for payment out of the expiring
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appropriation.
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However, payment of tuition reimbursement claims under | ||
Section 14-7.03 or
18-3 of the School Code may be made by the | ||
State Board of Education from its
appropriations for those | ||
respective purposes for any fiscal year, even though
the claims | ||
reimbursed by the payment may be claims attributable to a prior
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fiscal year, and payments may be made at the direction of the | ||
State
Superintendent of Education from the fund from which the | ||
appropriation is made
without regard to any fiscal year | ||
limitations.
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Medical payments may be made by the Department of Veterans' | ||
Affairs from
its
appropriations for those purposes for any | ||
fiscal year, without regard to the
fact that the medical | ||
services being compensated for by such payment may have
been | ||
rendered in a prior fiscal year.
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Medical payments may be made by the Department of | ||
Healthcare and Family Services and medical payments and child | ||
care
payments may be made by the Department of
Human Services | ||
(as successor to the Department of Public Aid) from
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appropriations for those purposes for any fiscal year,
without | ||
regard to the fact that the medical or child care services | ||
being
compensated for by such payment may have been rendered in | ||
a prior fiscal
year; and payments may be made at the direction | ||
of the Department of
Central Management Services from the | ||
Health Insurance Reserve Fund and the
Local Government Health | ||
Insurance Reserve Fund without regard to any fiscal
year | ||
limitations.
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Medical payments may be made by the Department of Human | ||
Services from its appropriations relating to substance abuse | ||
treatment services for any fiscal year, without regard to the | ||
fact that the medical services being compensated for by such | ||
payment may have been rendered in a prior fiscal year, provided | ||
the payments are made on a fee-for-service basis consistent | ||
with requirements established for Medicaid reimbursement by | ||
the Department of Healthcare and Family Services. | ||
Additionally, payments may be made by the Department of | ||
Human Services from
its appropriations, or any other State | ||
agency from its appropriations with
the approval of the | ||
Department of Human Services, from the Immigration Reform
and | ||
Control Fund for purposes authorized pursuant to the | ||
Immigration Reform
and Control Act of 1986, without regard to | ||
any fiscal year limitations.
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Further, with respect to costs incurred in fiscal years | ||
2002 and 2003 only,
payments may be made by the State Treasurer | ||
from its
appropriations
from the Capital Litigation Trust Fund | ||
without regard to any fiscal year
limitations.
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Lease payments may be made by the Department of Central | ||
Management
Services under the sale and leaseback provisions of
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Section 7.4 of
the State Property Control Act with respect to | ||
the James R. Thompson Center and
the
Elgin Mental Health Center | ||
and surrounding land from appropriations for that
purpose | ||
without regard to any fiscal year
limitations.
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Lease payments may be made under the sale and leaseback | ||
provisions of
Section 7.5 of the State Property Control Act | ||
with
respect to the
Illinois State Toll Highway Authority | ||
headquarters building and surrounding
land
without regard to | ||
any fiscal year
limitations.
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Payments may be made in accordance with a plan authorized | ||
by paragraph (11) or (12) of Section 405-105 of the Department | ||
of Central Management Services Law from appropriations for | ||
those payments without regard to fiscal year limitations. | ||
(c) Further, payments may be made by the Department of | ||
Public Health and the
Department of Human Services (acting as | ||
successor to the Department of Public
Health under the | ||
Department of Human Services Act)
from their respective | ||
appropriations for grants for medical care to or on
behalf of | ||
persons
suffering from chronic renal disease, persons | ||
suffering from hemophilia, rape
victims, and premature and | ||
high-mortality risk infants and their mothers and
for grants | ||
for supplemental food supplies provided under the United States
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Department of Agriculture Women, Infants and Children | ||
Nutrition Program,
for any fiscal year without regard to the | ||
fact that the services being
compensated for by such payment | ||
may have been rendered in a prior fiscal year.
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(d) The Department of Public Health and the Department of | ||
Human Services
(acting as successor to the Department of Public | ||
Health under the Department of
Human Services Act) shall each | ||
annually submit to the State Comptroller, Senate
President, | ||
Senate
Minority Leader, Speaker of the House, House Minority | ||
Leader, and the
respective Chairmen and Minority Spokesmen of | ||
the
Appropriations Committees of the Senate and the House, on | ||
or before
December 31, a report of fiscal year funds used to | ||
pay for services
provided in any prior fiscal year. This report | ||
shall document by program or
service category those | ||
expenditures from the most recently completed fiscal
year used | ||
to pay for services provided in prior fiscal years.
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(e) The Department of Healthcare and Family Services, the | ||
Department of Human Services
(acting as successor to the | ||
Department of Public Aid), and the Department of Human Services | ||
making fee-for-service payments relating to substance abuse | ||
treatment services provided during a previous fiscal year shall | ||
each annually
submit to the State
Comptroller, Senate | ||
President, Senate Minority Leader, Speaker of the House,
House | ||
Minority Leader, the respective Chairmen and Minority | ||
Spokesmen of the
Appropriations Committees of the Senate and | ||
the House, on or before November
30, a report that shall | ||
document by program or service category those
expenditures from | ||
the most recently completed fiscal year used to pay for (i)
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services provided in prior fiscal years and (ii) services for | ||
which claims were
received in prior fiscal years.
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(f) The Department of Human Services (as successor to the | ||
Department of
Public Aid) shall annually submit to the State
| ||
Comptroller, Senate President, Senate Minority Leader, Speaker | ||
of the House,
House Minority Leader, and the respective | ||
Chairmen and Minority Spokesmen of
the Appropriations | ||
Committees of the Senate and the House, on or before
December | ||
31, a report
of fiscal year funds used to pay for services | ||
(other than medical care)
provided in any prior fiscal year. | ||
This report shall document by program or
service category those | ||
expenditures from the most recently completed fiscal
year used | ||
to pay for services provided in prior fiscal years.
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(g) In addition, each annual report required to be | ||
submitted by the
Department of Healthcare and Family Services | ||
under subsection (e) shall include the following
information | ||
with respect to the State's Medicaid program:
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(1) Explanations of the exact causes of the variance | ||
between the previous
year's estimated and actual | ||
liabilities.
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(2) Factors affecting the Department of Healthcare and | ||
Family Services' liabilities,
including but not limited to | ||
numbers of aid recipients, levels of medical
service | ||
utilization by aid recipients, and inflation in the cost of | ||
medical
services.
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(3) The results of the Department's efforts to combat | ||
fraud and abuse.
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(h) As provided in Section 4 of the General Assembly | ||
Compensation Act,
any utility bill for service provided to a | ||
General Assembly
member's district office for a period | ||
including portions of 2 consecutive
fiscal years may be paid | ||
from funds appropriated for such expenditure in
either fiscal | ||
year.
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(i) An agency which administers a fund classified by the | ||
Comptroller as an
internal service fund may issue rules for:
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(1) billing user agencies in advance for payments or | ||
authorized inter-fund transfers
based on estimated charges | ||
for goods or services;
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(2) issuing credits, refunding through inter-fund | ||
transfers, or reducing future inter-fund transfers
during
| ||
the subsequent fiscal year for all user agency payments or | ||
authorized inter-fund transfers received during the
prior | ||
fiscal year which were in excess of the final amounts owed | ||
by the user
agency for that period; and
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(3) issuing catch-up billings to user agencies
during | ||
the subsequent fiscal year for amounts remaining due when | ||
payments or authorized inter-fund transfers
received from | ||
the user agency during the prior fiscal year were less than | ||
the
total amount owed for that period.
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User agencies are authorized to reimburse internal service | ||
funds for catch-up
billings by vouchers drawn against their | ||
respective appropriations for the
fiscal year in which the | ||
catch-up billing was issued or by increasing an authorized | ||
inter-fund transfer during the current fiscal year. For the | ||
purposes of this Act, "inter-fund transfers" means transfers | ||
without the use of the voucher-warrant process, as authorized | ||
by Section 9.01 of the State Comptroller Act.
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(Source: P.A. 95-331, eff. 8-21-07.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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