SB1562 101ST GENERAL ASSEMBLY

LRB101 08703 JLS 53788 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1562

Introduced 2/15/2019, by Sen. Thomas Cullerton

SYNOPSIS AS INTRODUCED:

820 ILCS 320/20

Amends the Public Safety Employee Benefits Act. Provides that the regulation of the provision of benefits for public safety employees is an exclusive power of the State and that units of local government, including home rule units, may not regulate the provision of benefits under the Act. Provides for retroactive application. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning employment.

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

Section 5. The Public Safety Employee Benefits Act is amended by changing Section 20 as follows:

(820 ILCS 320/20)

Sec. 20. Home rule.

(a) The regulation of the provision of benefits to persons covered under this Act is an exclusive power and function of the State. A unit of local government, including a home rule unit, may not regulate the provision of benefits to persons covered under this Act. This Act is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. All powers under this Act are within the exclusive jurisdiction of the State and the courts. A unit of local government, including a home rule unit, may not exercise any authority with respect to the benefits required under this Act, including, but not limited to, the interpretation of this Act and any administrative proceedings for the determination of entitlement to benefits under this Act. Any remedy for any dispute under this Act shall be determined in the circuit court of the county in which the employee was employed or in which the catastrophic injury occurred and under Part 7 of the Civil Practice Law. An employer, including a home rule unit, that employs a full-time law enforcement, correctional or correctional probation officer, or firefighter must may not provide benefits to persons covered under this Act in the a manner required under 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 of powers and functions exercised by the State.

(b) This amendatory Act of the 101st General Assembly is intended to be applied retroactively to November 14, 1997 (the effective date of Public Act 90-535).

(Source: P.A. 90-535, eff. 11-14-97.)

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