94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0077


 
Introduced 1/26/2005, by Sen. Debbie DeFrancesco Halvorson
 
SYNOPSIS AS INTRODUCED:
 		














5 ILCS 220/6
  from Ch. 127, par. 746







    Amends the Intergovernmental Cooperation Act.  Provides that an intergovernmental self-insurance  agreement, cooperative, or pool does not interfere with statutory obligations of collective bargaining.  Makes it unlawful for an intergovernmental joint insurance pool or cooperative to discriminate or retaliate against public agency members that limit their participation in the pool or cooperative as a result of collective bargaining obligations.  Effective immediately.
















LRB094 03824 JAM 33835 b

















 


 


A BILL FOR









 











SB0077

LRB094 03824 JAM 33835 b






1
    AN ACT concerning government.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Intergovernmental Cooperation Act is 
5
amended  by changing Section 6 as follows:
 



6
    (5 ILCS 220/6)  (from Ch. 127, par. 746)



7
    Sec. 6. Joint self-insurance. An intergovernmental 
8
contract may, among
other undertakings,
authorize public 
9
agencies to jointly self-insure and authorize each public

10
agency member of the contract to utilize its funds to pay to a 
11
joint
insurance pool its costs and reserves to protect, wholly 
12
or partially,
itself or any public agency member of the 
13
contract against liability or
loss in the designated insurable 
14
area.  A joint insurance pool shall have an
annual audit 
15
performed by an independent certified public accountant and 
16
shall
file an annual audited financial report with the Director 
17
of Insurance no later
than 150 days after the end of the pool's 
18
immediately preceding fiscal year.
The
Director of Insurance 
19
shall issue rules necessary to implement this audit and
report 
20
requirement.  The rule shall establish the due date for filing 
21
the
initial annual audited financial report.  Within 30 days 
22
after January 1,
1991, and within 30 days after each January 1 
23
thereafter, public agencies
that are jointly self-insured to 
24
protect against liability under the
Workers' Compensation Act 
25
and the Workers' Occupational Diseases Act shall
file with the 
26
Illinois Workers' Compensation Commission a report indicating 
27
an election to
self-insure.

28
    For purposes of this Section, "public agency member" means 
29
any public
agency
defined or created under this Act, any local 
30
public entity as defined in
Section 1-206 of
the Local 
31
Governmental and Governmental Employees Tort Immunity Act, and 
32
any
public agency, authority, instrumentality, council, board, 
 


 






SB0077
- 2 -
LRB094 03824 JAM 33835 b




1
service region,
district,
unit, bureau,
or, commission, or any 
2
municipal corporation, college, or university, whether

3
corporate or
otherwise,
and any other local governmental body 
4
or similar entity that is presently
existing or
created after 
5
the effective date of this amendatory Act of the 92nd General

6
Assembly,
whether or not specified in this Section.
Only public 
7
agency members with tax receipts, tax revenues, taxing

8
authority, or other
resources sufficient to pay costs and to 
9
service debt related to
intergovernmental activities
described 
10
in this Section, or public agency members created by or as part 
11
of a
public
agency with these powers, may enter into contracts 
12
or otherwise associate among
themselves as permitted in this 
13
Section.

14
    No joint insurance pool or other intergovernmental 
15
cooperative shall interfere with the statutory obligation of 
16
any public agency member to bargain over or to reach agreement 
17
with a labor organization over a mandatory subject of 
18
collective bargaining as those terms are used in the Illinois 
19
Public Labor Relations Act.  No intergovernmental contract of 
20
insurance shall limit the rights or obligations of public 
21
agency members to engage in collective bargaining, and it shall 
22
be unlawful for a joint insurance pool or other 
23
intergovernmental cooperative to discriminate against public 
24
agency members or otherwise retaliate against such members for 
25
limiting their participation in a joint insurance pool as a 
26
result of a collective bargaining agreement.

27
(Source: P.A. 92-530, eff. 2-8-02; 93-721, eff. 1-1-05.)

 

28
    Section 99. Effective date. This Act takes effect upon 
29
becoming law.