SB0760 94TH GENERAL ASSEMBLY

LRB094 10802 LJB 41276 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0760

Introduced 2/18/2005, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

New Act
110 ILCS 947/62 new

Creates the Security Employee Benefits Act. Requires public entities that use a security guard's services to pay premiums for the employer's health insurance plan for a security guard employee injured or killed on duty, the security guard's spouse, and any dependent children. Provides that if a person makes any false or fraudulent statement to obtain the health coverage, the person is guilty of a class A misdemeanor and if convicted, the person must reimburse the public entity for all benefits paid. Limits the concurrent exercise of home rule powers. Amends the Higher Education Student Assistance Act to require a grant to be provided to a child of a security officer accidentally or unlawfully killed, entitling the person to full payment of tuition and fees at a State university, public community college, or State vocational-technical school. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY	FISCAL NOTE ACT MAY APPLY	HOME RULE NOTE ACT MAY APPLY
	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning employee benefits.

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

Section 1. Short title. This Act may be cited as the Security Employee Benefits Act.

Section 5. Definitions. As used in this Act and unless the context otherwise requires:

"Catastrophic injury" means an injury or disability that (i) is so severe that the injured individual is unemployable in any capacity or (ii) when taken into account in combination with the injured individual's age, skills, training, and work history, makes the injured individual unable to perform any services for which there is a reasonably stable job market.

"Employer" means any public entity or any individual, partnership, association, corporation, or business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee for which one or more persons are gainfully employed on some day within a calendar year.

"Killed in the line of duty" means losing one's life as a result of injuries received in the active performance of duties as a security guard if the death occurs within one year from the date the injury was received and if that injury arose from violence or other accidental cause.

"Public entity" means the State of Illinois and its departments, divisions, boards, bureaus, commissions, authorities, and colleges and universities, any unit of local government (including any home rule unit), and any school district.

"Security guard" or "guard" means any person who is paid a fee, wage, or salary by an employer to perform one or more of the following functions on the property of a public entity:

(1) prevent or detect intrusion, unauthorized entry or activity, vandalism, or trespass;

(2) prevent or detect theft, loss, embezzlement, misappropriation, or concealment of merchandise, money, bonds, stocks, notes, or other valuable documents or papers;

(3) control, regulate, or direct the flow of or movements of the public, whether by vehicle or otherwise, to assure protection of public property;

(4) protect individuals from bodily harm; or

(5) enforce the policies and rules of the public entity related to crime reduction. This definition shall not include individuals who meet the definition of "law enforcement officer" or "officer" in Section 2 of the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics, Firemen, Chaplains, and State Employees Compensation Act.

Section 10. Declaration of State interest. The General Assembly determines and declares that the provisions of this Act fulfill an important State interest.

Section 15. Required health coverage benefits.

(a) A public entity that utilizes the services of a security guard who, on or after the effective date of this Act, suffers a catastrophic injury or is killed in the line of duty shall pay the entire premium of the employer's health insurance plan for the injured security guard, the injured security guard's spouse, and each dependent child of the injured security guard until the child reaches the age of majority or until the end of the calendar year in which the child reaches the age of 25 years if the child continues to be dependent for support or the child is a full-time or part-time student and is dependent for support. The term "health insurance plan" does not include supplemental benefits that are not part of the basic group health insurance plan. If the injured security guard subsequently dies, whether as a result of injuries in the line of duty or any other cause, the public entity shall continue to pay the entire health insurance premium for the surviving spouse until he or she is remarried and for the dependent children as required by this Section. However, health insurance benefits payable from any other source shall reduce benefits payable under this Section.

(b) It is unlawful for a person to wilfully and knowingly make or cause to be made or to assist, conspire with, or urge another to make or cause to be made any false, fraudulent, or misleading oral or written statement to obtain health insurance coverage as provided in this Section. Any person who violates this subsection (b) is guilty of a Class A misdemeanor.

Upon conviction of a violation of this subsection (b), a security guard or other beneficiary who receives or seeks to receive health insurance benefits under this Section shall forfeit the right to receive health insurance benefits and shall reimburse the public entity for all benefits paid due to the fraud or other prohibited activity. For the purposes of this subsection (b), "conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.

(c) In order for the security guard, spouse, or dependent children to be eligible for insurance coverage under this Act, the injury or death must have occurred as the result of the security guard's authorized activities. Nothing in this Section shall be construed to limit health insurance coverage or pension benefits for which the security guard, spouse, or dependent children may otherwise be eligible.

Section 20. Home rule. A public entity, including a home rule unit, may not provide benefits to persons covered under this Act in a manner inconsistent with the requirements of this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 90. The Higher Education Student Assistance Act is amended by adding Section 62 as follows:

(110 ILCS 947/62 new)

Sec. 62. Security guard survivor grant. A grant shall be provided for any natural child, legally adopted child, or child in the legal custody of a security officer accidentally or unlawfully killed, as specified in subsection (a) of Section 15 of the Security Employee Benefits Act, on or after the effective date of this amendatory Act of the 94th General Assembly. Beneficiaries are entitled to full payment of tuition and mandatory fees at a State university, public community college in this State, or State vocational-technical school, for either full or part-time study, up to a maximum of 120 credit hours, provided that the recipient possesses the necessary entrance requirements, is under 25 years of age, is and remains a resident of this State while attending the institution, complies with all academic and disciplinary requirements of the institution, and is a student in good standing. The benefits of this Section shall be administered by and paid out of funds available to the Commission and shall accrue to the bona fide applicant without the requirement of demonstrating financial need to qualify for those benefits.

Section 999. Effective date. This Act takes effect upon becoming law.