SB2368 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2368

 

Introduced 1/28/2016, by Sen. Michael Connelly

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 405/405-20  was 20 ILCS 405/35.7
20 ILCS 405/405-250  was 20 ILCS 405/35.7a
20 ILCS 405/405-410
30 ILCS 105/5.55  from Ch. 127, par. 141.55
30 ILCS 105/6p-1  from Ch. 127, par. 142p1
30 ILCS 105/6p-2  from Ch. 127, par. 142p2
30 ILCS 105/6z-34
30 ILCS 105/8.16a  from Ch. 127, par. 144.16a
30 ILCS 105/5.12 rep.
215 ILCS 5/408  from Ch. 73, par. 1020
215 ILCS 5/408.2  from Ch. 73, par. 1020.2
215 ILCS 5/1202  from Ch. 73, par. 1065.902
215 ILCS 5/1206  from Ch. 73, par. 1065.906
820 ILCS 305/17  from Ch. 48, par. 138.17
820 ILCS 310/17  from Ch. 48, par. 172.52

    Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Replaces certain references to "statistical research", "statistical services", and "electronic data processing" with "information technology". Changes the name of the Statistical Services Revolving Fund to the Technology Management Revolving Fund. Dissolves the Communications Revolving Fund and provides that any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund pass to the Technology Management Revolving Fund. Amends various other Acts to make conforming changes. Effective July 1, 2016.


LRB099 16038 HLH 40356 b

 

 

A BILL FOR

 

SB2368LRB099 16038 HLH 40356 b

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 5.55, 6p-1, 6p-2, 6z-34, and 8.16a as follows:
 
3    (30 ILCS 105/5.55)  (from Ch. 127, par. 141.55)
4    Sec. 5.55. The Technology Management Statistical Services
5Revolving Fund.
6(Source: Laws 1919, p. 946.)
 
7    (30 ILCS 105/6p-1)  (from Ch. 127, par. 142p1)
8    Sec. 6p-1. The Technology Management Revolving Fund
9(formerly known as the Statistical Services Revolving Fund)
10shall be initially financed by a transfer of funds from the
11General Revenue Fund. Thereafter, all fees and other monies
12received by the Department of Central Management Services in
13payment for statistical services rendered pursuant to Section
14405-20 of the Department of Central Management Services Law (20
15ILCS 405/405-20) shall be paid into the Technology Management
16Statistical Services Revolving Fund. Beginning July 1, 2016,
17all fees and other moneys received by the Department of Central
18Management Services in payment for communications services
19rendered pursuant to the Department of Central Management
20Services Law of the Civil Administrative Code of Illinois or
21sale of surplus State communications equipment shall be paid
22into the Technology Management Revolving Fund. The money in
23this fund shall be used by the Department of Central Management

 

 

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1Services as reimbursement for expenditures incurred in
2rendering statistical services and, beginning July 1, 2016, as
3reimbursement for expenditures incurred in relation to
4communications services.
5(Source: P.A. 91-239, eff. 1-1-00.)
 
6    (30 ILCS 105/6p-2)  (from Ch. 127, par. 142p2)
7    Sec. 6p-2. The Communications Revolving Fund shall be
8initially financed by a transfer of funds from the General
9Revenue Fund. Thereafter, all fees and other monies received by
10the Department of Central Management Services in payment for
11communications services rendered pursuant to the Department of
12Central Management Services Law or sale of surplus State
13communications equipment shall be paid into the Communications
14Revolving Fund. Except as otherwise provided in this Section,
15the money in this fund shall be used by the Department of
16Central Management Services as reimbursement for expenditures
17incurred in relation to communications services.
18    On the effective date of this amendatory Act of the 93rd
19General Assembly, or as soon as practicable thereafter, the
20State Comptroller shall order transferred and the State
21Treasurer shall transfer $3,000,000 from the Communications
22Revolving Fund to the Emergency Public Health Fund to be used
23for the purposes specified in Section 55.6a of the
24Environmental Protection Act.
25    In addition to any other transfers that may be provided for

 

 

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1by law, on July 1, 2011, or as soon thereafter as practical,
2the State Comptroller shall direct and the State Treasurer
3shall transfer the sum of $5,000,000 from the General Revenue
4Fund to the Communications Revolving Fund.
5    Notwithstanding any other provision of law, in addition to
6any other transfers that may be provided by law, on July 1,
72016, or as soon thereafter as practical, the State Comptroller
8shall direct and the State Treasurer shall transfer the
9remaining balance from the Communications Revolving Fund into
10the Technology Management Revolving Fund. Upon completion of
11the transfers, the Communications Revolving Fund is dissolved,
12and any future deposits due to that Fund and any outstanding
13obligations or liabilities of that Fund pass to the Technology
14Management Revolving Fund.
15(Source: P.A. 97-641, eff. 12-19-11.)
 
16    (30 ILCS 105/6z-34)
17    Sec. 6z-34. Secretary of State Special Services Fund. There
18is created in the State Treasury a special fund to be known as
19the Secretary of State Special Services Fund. Moneys deposited
20into the Fund may, subject to appropriation, be used by the
21Secretary of State for any or all of the following purposes:
22        (1) For general automation efforts within operations
23    of the Office of Secretary of State.
24        (2) For technology applications in any form that will
25    enhance the operational capabilities of the Office of

 

 

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1    Secretary of State.
2        (3) To provide funds for any type of library grants
3    authorized and administered by the Secretary of State as
4    State Librarian.
5    These funds are in addition to any other funds otherwise
6authorized to the Office of Secretary of State for like or
7similar purposes.
8    On August 15, 1997, all fiscal year 1997 receipts that
9exceed the amount of $15,000,000 shall be transferred from this
10Fund to the Statistical Services Revolving Fund (now known as
11the Technology Management Revolving Fund); on August 15, 1998
12and each year thereafter through 2000, all receipts from the
13fiscal year ending on the previous June 30th that exceed the
14amount of $17,000,000 shall be transferred from this Fund to
15the Statistical Services Revolving Fund (now known as the
16Technology Management Revolving Fund); on August 15, 2001 and
17each year thereafter through 2002, all receipts from the fiscal
18year ending on the previous June 30th that exceed the amount of
19$19,000,000 shall be transferred from this Fund to the
20Statistical Services Revolving Fund (now known as the
21Technology Management Revolving Fund); and on August 15, 2003
22and each year thereafter, all receipts from the fiscal year
23ending on the previous June 30th that exceed the amount of
24$33,000,000 shall be transferred from this Fund to the
25Technology Management Revolving Fund (formerly known as the
26Statistical Services Revolving Fund).

 

 

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1(Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)
 
2    (30 ILCS 105/8.16a)  (from Ch. 127, par. 144.16a)
3    Sec. 8.16a. Appropriations for the procurement,
4installation, retention, maintenance and operation of
5electronic data processing and information technology devices
6and software used by state agencies subject to Section 405-20
7of the Department of Central Management Services Law (20 ILCS
8405/405-20), the purchase of necessary supplies and equipment
9and accessories thereto, and all other expenses incident to the
10operation and maintenance of those electronic data processing
11and information technology devices and software are payable
12from the Technology Management Statistical Services Revolving
13Fund. However, no contract shall be entered into or obligation
14incurred for any expenditure from the Technology Management
15Statistical Services Revolving Fund until after the purpose and
16amount has been approved in writing by the Director of Central
17Management Services. Until there are sufficient funds in the
18Technology Management Revolving Fund (formerly known as the
19Statistical Services Revolving Fund) to carry out the purposes
20of this amendatory Act of 1965, however, the State agencies
21subject to that Section 405-20 shall, on written approval of
22the Director of Central Management Services, pay the cost of
23operating and maintaining electronic data processing systems
24from current appropriations as classified and standardized in
25the State Finance Act "An Act in relation to State finance",

 

 

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1approved June 10, 1919, as amended.
2(Source: P.A. 91-239, eff. 1-1-00.)
 
3    (30 ILCS 105/5.12 rep.)
4    Section 15. The State Finance Act is amended by repealing
5Section 5.12.
 
6    Section 20. The Illinois Insurance Code is amended by
7changing Sections 408, 408.2, 1202, and 1206 as follows:
 
8    (215 ILCS 5/408)  (from Ch. 73, par. 1020)
9    Sec. 408. Fees and charges.
10    (1) The Director shall charge, collect and give proper
11acquittances for the payment of the following fees and charges:
12        (a) For filing all documents submitted for the
13    incorporation or organization or certification of a
14    domestic company, except for a fraternal benefit society,
15    $2,000.
16        (b) For filing all documents submitted for the
17    incorporation or organization of a fraternal benefit
18    society, $500.
19        (c) For filing amendments to articles of incorporation
20    and amendments to declaration of organization, except for a
21    fraternal benefit society, a mutual benefit association, a
22    burial society or a farm mutual, $200.
23        (d) For filing amendments to articles of incorporation

 

 

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1    of a fraternal benefit society, a mutual benefit
2    association or a burial society, $100.
3        (e) For filing amendments to articles of incorporation
4    of a farm mutual, $50.
5        (f) For filing bylaws or amendments thereto, $50.
6        (g) For filing agreement of merger or consolidation:
7            (i) for a domestic company, except for a fraternal
8        benefit society, a mutual benefit association, a
9        burial society, or a farm mutual, $2,000.
10            (ii) for a foreign or alien company, except for a
11        fraternal benefit society, $600.
12            (iii) for a fraternal benefit society, a mutual
13        benefit association, a burial society, or a farm
14        mutual, $200.
15        (h) For filing agreements of reinsurance by a domestic
16    company, $200.
17        (i) For filing all documents submitted by a foreign or
18    alien company to be admitted to transact business or
19    accredited as a reinsurer in this State, except for a
20    fraternal benefit society, $5,000.
21        (j) For filing all documents submitted by a foreign or
22    alien fraternal benefit society to be admitted to transact
23    business in this State, $500.
24        (k) For filing declaration of withdrawal of a foreign
25    or alien company, $50.
26        (l) For filing annual statement by a domestic company,

 

 

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1    except a fraternal benefit society, a mutual benefit
2    association, a burial society, or a farm mutual, $200.
3        (m) For filing annual statement by a domestic fraternal
4    benefit society, $100.
5        (n) For filing annual statement by a farm mutual, a
6    mutual benefit association, or a burial society, $50.
7        (o) For issuing a certificate of authority or renewal
8    thereof except to a foreign fraternal benefit society,
9    $400.
10        (p) For issuing a certificate of authority or renewal
11    thereof to a foreign fraternal benefit society, $200.
12        (q) For issuing an amended certificate of authority,
13    $50.
14        (r) For each certified copy of certificate of
15    authority, $20.
16        (s) For each certificate of deposit, or valuation, or
17    compliance or surety certificate, $20.
18        (t) For copies of papers or records per page, $1.
19        (u) For each certification to copies of papers or
20    records, $10.
21        (v) For multiple copies of documents or certificates
22    listed in subparagraphs (r), (s), and (u) of paragraph (1)
23    of this Section, $10 for the first copy of a certificate of
24    any type and $5 for each additional copy of the same
25    certificate requested at the same time, unless, pursuant to
26    paragraph (2) of this Section, the Director finds these

 

 

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1    additional fees excessive.
2        (w) For issuing a permit to sell shares or increase
3    paid-up capital:
4            (i) in connection with a public stock offering,
5        $300;
6            (ii) in any other case, $100.
7        (x) For issuing any other certificate required or
8    permissible under the law, $50.
9        (y) For filing a plan of exchange of the stock of a
10    domestic stock insurance company, a plan of
11    demutualization of a domestic mutual company, or a plan of
12    reorganization under Article XII, $2,000.
13        (z) For filing a statement of acquisition of a domestic
14    company as defined in Section 131.4 of this Code, $2,000.
15        (aa) For filing an agreement to purchase the business
16    of an organization authorized under the Dental Service Plan
17    Act or the Voluntary Health Services Plans Act or of a
18    health maintenance organization or a limited health
19    service organization, $2,000.
20        (bb) For filing a statement of acquisition of a foreign
21    or alien insurance company as defined in Section 131.12a of
22    this Code, $1,000.
23        (cc) For filing a registration statement as required in
24    Sections 131.13 and 131.14, the notification as required by
25    Sections 131.16, 131.20a, or 141.4, or an agreement or
26    transaction required by Sections 124.2(2), 141, 141a, or

 

 

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1    141.1, $200.
2        (dd) For filing an application for licensing of:
3            (i) a religious or charitable risk pooling trust or
4        a workers' compensation pool, $1,000;
5            (ii) a workers' compensation service company,
6        $500;
7            (iii) a self-insured automobile fleet, $200; or
8            (iv) a renewal of or amendment of any license
9        issued pursuant to (i), (ii), or (iii) above, $100.
10        (ee) For filing articles of incorporation for a
11    syndicate to engage in the business of insurance through
12    the Illinois Insurance Exchange, $2,000.
13        (ff) For filing amended articles of incorporation for a
14    syndicate engaged in the business of insurance through the
15    Illinois Insurance Exchange, $100.
16        (gg) For filing articles of incorporation for a limited
17    syndicate to join with other subscribers or limited
18    syndicates to do business through the Illinois Insurance
19    Exchange, $1,000.
20        (hh) For filing amended articles of incorporation for a
21    limited syndicate to do business through the Illinois
22    Insurance Exchange, $100.
23        (ii) For a permit to solicit subscriptions to a
24    syndicate or limited syndicate, $100.
25        (jj) For the filing of each form as required in Section
26    143 of this Code, $50 per form. The fee for advisory and

 

 

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1    rating organizations shall be $200 per form.
2            (i) For the purposes of the form filing fee,
3        filings made on insert page basis will be considered
4        one form at the time of its original submission.
5        Changes made to a form subsequent to its approval shall
6        be considered a new filing.
7            (ii) Only one fee shall be charged for a form,
8        regardless of the number of other forms or policies
9        with which it will be used.
10            (iii) Fees charged for a policy filed as it will be
11        issued regardless of the number of forms comprising
12        that policy shall not exceed $1,500. For advisory or
13        rating organizations, fees charged for a policy filed
14        as it will be issued regardless of the number of forms
15        comprising that policy shall not exceed $2,500.
16            (iv) The Director may by rule exempt forms from
17        such fees.
18        (kk) For filing an application for licensing of a
19    reinsurance intermediary, $500.
20        (ll) For filing an application for renewal of a license
21    of a reinsurance intermediary, $200.
22    (2) When printed copies or numerous copies of the same
23paper or records are furnished or certified, the Director may
24reduce such fees for copies if he finds them excessive. He may,
25when he considers it in the public interest, furnish without
26charge to state insurance departments and persons other than

 

 

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1companies, copies or certified copies of reports of
2examinations and of other papers and records.
3    (3) The expenses incurred in any performance examination
4authorized by law shall be paid by the company or person being
5examined. The charge shall be reasonably related to the cost of
6the examination including but not limited to compensation of
7examiners, electronic data processing costs, supervision and
8preparation of an examination report and lodging and travel
9expenses. All lodging and travel expenses shall be in accord
10with the applicable travel regulations as published by the
11Department of Central Management Services and approved by the
12Governor's Travel Control Board, except that out-of-state
13lodging and travel expenses related to examinations authorized
14under Section 132 shall be in accordance with travel rates
15prescribed under paragraph 301-7.2 of the Federal Travel
16Regulations, 41 C.F.R. 301-7.2, for reimbursement of
17subsistence expenses incurred during official travel. All
18lodging and travel expenses may be reimbursed directly upon
19authorization of the Director. With the exception of the direct
20reimbursements authorized by the Director, all performance
21examination charges collected by the Department shall be paid
22to the Insurance Producer Administration Fund, however, the
23electronic data processing costs incurred by the Department in
24the performance of any examination shall be billed directly to
25the company being examined for payment to the Technology
26Management Statistical Services Revolving Fund.

 

 

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

 

 

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1as permitting the payment of travel expenses unless calculated
2in accordance with the applicable travel regulations of the
3Department of Central Management Services, as approved by the
4Governor's Travel Control Board. The Director as part of such
5order or decision shall require all assessments for hearing
6officer fees and court reporter fees, if any, to be paid
7directly to the hearing officer or court reporter by the
8party(s) assessed for such costs. The assessments for travel
9expenses of Department officers and employees shall be
10reimbursable to the Director of Insurance for deposit to the
11fund out of which those expenses had been paid.
12    (d) The provisions of this subsection (5) shall apply in
13the case of any hearing conducted by the Director of Insurance
14not otherwise specifically provided for by law.
15    (6) The Director shall charge and collect an annual
16financial regulation fee from every domestic company for
17examination and analysis of its financial condition and to fund
18the internal costs and expenses of the Interstate Insurance
19Receivership Commission as may be allocated to the State of
20Illinois and companies doing an insurance business in this
21State pursuant to Article X of the Interstate Insurance
22Receivership Compact. The fee shall be the greater fixed amount
23based upon the combination of nationwide direct premium income
24and nationwide reinsurance assumed premium income or upon
25admitted assets calculated under this subsection as follows:
26        (a) Combination of nationwide direct premium income

 

 

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1    and nationwide reinsurance assumed premium.
2            (i) $150, if the premium is less than $500,000 and
3        there is no reinsurance assumed premium;
4            (ii) $750, if the premium is $500,000 or more, but
5        less than $5,000,000 and there is no reinsurance
6        assumed premium; or if the premium is less than
7        $5,000,000 and the reinsurance assumed premium is less
8        than $10,000,000;
9            (iii) $3,750, if the premium is less than
10        $5,000,000 and the reinsurance assumed premium is
11        $10,000,000 or more;
12            (iv) $7,500, if the premium is $5,000,000 or more,
13        but less than $10,000,000;
14            (v) $18,000, if the premium is $10,000,000 or more,
15        but less than $25,000,000;
16            (vi) $22,500, if the premium is $25,000,000 or
17        more, but less than $50,000,000;
18            (vii) $30,000, if the premium is $50,000,000 or
19        more, but less than $100,000,000;
20            (viii) $37,500, if the premium is $100,000,000 or
21        more.
22        (b) Admitted assets.
23            (i) $150, if admitted assets are less than
24        $1,000,000;
25            (ii) $750, if admitted assets are $1,000,000 or
26        more, but less than $5,000,000;

 

 

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1            (iii) $3,750, if admitted assets are $5,000,000 or
2        more, but less than $25,000,000;
3            (iv) $7,500, if admitted assets are $25,000,000 or
4        more, but less than $50,000,000;
5            (v) $18,000, if admitted assets are $50,000,000 or
6        more, but less than $100,000,000;
7            (vi) $22,500, if admitted assets are $100,000,000
8        or more, but less than $500,000,000;
9            (vii) $30,000, if admitted assets are $500,000,000
10        or more, but less than $1,000,000,000;
11            (viii) $37,500, if admitted assets are
12        $1,000,000,000 or more.
13        (c) The sum of financial regulation fees charged to the
14    domestic companies of the same affiliated group shall not
15    exceed $250,000 in the aggregate in any single year and
16    shall be billed by the Director to the member company
17    designated by the group.
18    (7) The Director shall charge and collect an annual
19financial regulation fee from every foreign or alien company,
20except fraternal benefit societies, for the examination and
21analysis of its financial condition and to fund the internal
22costs and expenses of the Interstate Insurance Receivership
23Commission as may be allocated to the State of Illinois and
24companies doing an insurance business in this State pursuant to
25Article X of the Interstate Insurance Receivership Compact. The
26fee shall be a fixed amount based upon Illinois direct premium

 

 

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1income and nationwide reinsurance assumed premium income in
2accordance with the following schedule:
3        (a) $150, if the premium is less than $500,000 and
4    there is no reinsurance assumed premium;
5        (b) $750, if the premium is $500,000 or more, but less
6    than $5,000,000 and there is no reinsurance assumed
7    premium; or if the premium is less than $5,000,000 and the
8    reinsurance assumed premium is less than $10,000,000;
9        (c) $3,750, if the premium is less than $5,000,000 and
10    the reinsurance assumed premium is $10,000,000 or more;
11        (d) $7,500, if the premium is $5,000,000 or more, but
12    less than $10,000,000;
13        (e) $18,000, if the premium is $10,000,000 or more, but
14    less than $25,000,000;
15        (f) $22,500, if the premium is $25,000,000 or more, but
16    less than $50,000,000;
17        (g) $30,000, if the premium is $50,000,000 or more, but
18    less than $100,000,000;
19        (h) $37,500, if the premium is $100,000,000 or more.
20    The sum of financial regulation fees under this subsection
21(7) charged to the foreign or alien companies within the same
22affiliated group shall not exceed $250,000 in the aggregate in
23any single year and shall be billed by the Director to the
24member company designated by the group.
25    (8) Beginning January 1, 1992, the financial regulation
26fees imposed under subsections (6) and (7) of this Section

 

 

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

 

 

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1Financial Regulation Fund.
2    All lodging and travel expenses shall be in accordance with
3applicable travel regulations published by the Department of
4Central Management Services and approved by the Governor's
5Travel Control Board, except that out-of-state lodging and
6travel expenses related to examinations authorized under
7Sections 132.1 through 132.7 shall be in accordance with travel
8rates prescribed under paragraph 301-7.2 of the Federal Travel
9Regulations, 41 C.F.R. 301-7.2, for reimbursement of
10subsistence expenses incurred during official travel. All
11lodging and travel expenses may be reimbursed directly upon the
12authorization of the Director.
13    In the case of an organization or person not subject to the
14financial regulation fee, the expenses incurred in any
15financial examination authorized by law shall be paid by the
16organization or person being examined. The charge shall be
17reasonably related to the cost of the examination including,
18but not limited to, compensation of examiners and other costs
19described in this subsection.
20    (10) Any company, person, or entity failing to make any
21payment of $150 or more as required under this Section shall be
22subject to the penalty and interest provisions provided for in
23subsections (4) and (7) of Section 412.
24    (11) Unless otherwise specified, all of the fees collected
25under this Section shall be paid into the Insurance Financial
26Regulation Fund.

 

 

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1    (12) For purposes of this Section:
2        (a) "Domestic company" means a company as defined in
3    Section 2 of this Code which is incorporated or organized
4    under the laws of this State, and in addition includes a
5    not-for-profit corporation authorized under the Dental
6    Service Plan Act or the Voluntary Health Services Plans
7    Act, a health maintenance organization, and a limited
8    health service organization.
9        (b) "Foreign company" means a company as defined in
10    Section 2 of this Code which is incorporated or organized
11    under the laws of any state of the United States other than
12    this State and in addition includes a health maintenance
13    organization and a limited health service organization
14    which is incorporated or organized under the laws of any
15    state of the United States other than this State.
16        (c) "Alien company" means a company as defined in
17    Section 2 of this Code which is incorporated or organized
18    under the laws of any country other than the United States.
19        (d) "Fraternal benefit society" means a corporation,
20    society, order, lodge or voluntary association as defined
21    in Section 282.1 of this Code.
22        (e) "Mutual benefit association" means a company,
23    association or corporation authorized by the Director to do
24    business in this State under the provisions of Article
25    XVIII of this Code.
26        (f) "Burial society" means a person, firm,

 

 

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1    corporation, society or association of individuals
2    authorized by the Director to do business in this State
3    under the provisions of Article XIX of this Code.
4        (g) "Farm mutual" means a district, county and township
5    mutual insurance company authorized by the Director to do
6    business in this State under the provisions of the Farm
7    Mutual Insurance Company Act of 1986.
8(Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11;
997-813, eff. 7-13-12; 98-463, eff. 8-16-13.)
 
10    (215 ILCS 5/408.2)  (from Ch. 73, par. 1020.2)
11    Sec. 408.2. Statistical Services. Any public record, or any
12data obtained by the Department of Insurance, which is subject
13to public inspection or copying and which is maintained on a
14computer processible medium, may be furnished in a computer
15processed or computer processible medium upon the written
16request of any applicant and the payment of a reasonable fee
17established by the Director sufficient to cover the total cost
18of the Department for processing, maintaining and generating
19such computer processible records or data, except to the extent
20of any salaries or compensation of Department officers or
21employees.
22    The Director of Insurance is specifically authorized to
23contract with members of the public at large, enter waiver
24agreements, or otherwise enter written agreements for the
25purpose of assuring public access to the Department's computer

 

 

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1processible records or data, or for the purpose of restricting,
2controlling or limiting such access where necessary to protect
3the confidentiality of individuals, companies or other
4entities identified by such documents.
5    All fees collected by the Director under this Section 408.2
6shall be deposited in the Technology Management Statistical
7Services Revolving Fund and credited to the account of the
8Department of Insurance. Any surplus funds remaining in such
9account at the close of any fiscal year shall be delivered to
10the State Treasurer for deposit in the Insurance Financial
11Regulation Fund.
12(Source: P.A. 84-989.)
 
13    (215 ILCS 5/1202)  (from Ch. 73, par. 1065.902)
14    Sec. 1202. Duties. The Director shall:
15        (a) determine the relationship of insurance premiums
16    and related income as compared to insurance costs and
17    expenses and provide such information to the General
18    Assembly and the general public;
19        (b) study the insurance system in the State of
20    Illinois, and recommend to the General Assembly what it
21    deems to be the most appropriate and comprehensive cost
22    containment system for the State;
23        (c) respond to the requests by agencies of government
24    and the General Assembly for special studies and analysis
25    of data collected pursuant to this Article. Such reports

 

 

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

 

 

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1schedule of fees for this purpose. Expenses for additional
2reports shall be billed to those requesting the reports. Any
3such fees collected under this Section shall be paid to the
4Director of Insurance and deposited into the Technology
5Management Statistical Services Revolving Fund and credited to
6the account of the Department of Insurance.
7(Source: P.A. 84-1431.)
 
8    Section 25. The Workers' Compensation Act is amended by
9changing Section 17 as follows:
 
10    (820 ILCS 305/17)  (from Ch. 48, par. 138.17)
11    Sec. 17. The Commission shall cause to be printed and
12furnish free of charge upon request by any employer or employee
13such blank forms as may facilitate or promote efficient
14administration and the performance of the duties of the
15Commission. It shall provide a proper record in which shall be
16entered and indexed the name of any employer who shall file a
17notice of declination or withdrawal under this Act, and the
18date of the filing thereof; and a proper record in which shall
19be entered and indexed the name of any employee who shall file
20such notice of declination or withdrawal, and the date of the
21filing thereof; and such other notices as may be required by
22this Act; and records in which shall be recorded all
23proceedings, orders and awards had or made by the Commission or
24by the arbitration committees, and such other books or records

 

 

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1as it shall deem necessary, all such records to be kept in the
2office of the Commission.
3    The Commission may destroy all papers and documents which
4have been on file for more than 5 years where there is no claim
5for compensation pending or where more than 2 years have
6elapsed since the termination of the compensation period.
7    The Commission shall compile and distribute to interested
8persons aggregate statistics, taken from any records and
9reports in the possession of the Commission. The aggregate
10statistics shall not give the names or otherwise identify
11persons sustaining injuries or disabilities or the employer of
12any injured person or person with a disability.
13    The Commission is authorized to establish reasonable fees
14and methods of payment limited to covering only the costs to
15the Commission for processing, maintaining and generating
16records or data necessary for the computerized production of
17documents, records and other materials except to the extent of
18any salaries or compensation of Commission officers or
19employees.
20    All fees collected by the Commission under this Section
21shall be deposited in the Technology Management Statistical
22Services Revolving Fund and credited to the account of the
23Illinois Workers' Compensation Commission.
24(Source: P.A. 99-143, eff. 7-27-15.)
 
25    Section 30. The Workers' Occupational Diseases Act is

 

 

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1amended by changing Section 17 as follows:
 
2    (820 ILCS 310/17)  (from Ch. 48, par. 172.52)
3    Sec. 17. The Commission shall cause to be printed and shall
4furnish free of charge upon request by any employer or employee
5such blank forms as it shall deem requisite to facilitate or
6promote the efficient administration of this Act, and the
7performance of the duties of the Commission. It shall provide a
8proper record in which shall be entered and indexed the name of
9any employer who shall file a notice of election under this
10Act, and the date of the filing thereof; and a proper record in
11which shall be entered and indexed the name of any employee who
12shall file a notice of election, and the date of the filing
13thereof; and such other notices as may be required by this Act;
14and records in which shall be recorded all proceedings, orders
15and awards had or made by the Commission, or by the arbitration
16committees, and such other books or records as it shall deem
17necessary, all such records to be kept in the office of the
18Commission. The Commission, in its discretion, may destroy all
19papers and documents except notices of election and waivers
20which have been on file for more than five years where there is
21no claim for compensation pending, or where more than two years
22have elapsed since the termination of the compensation period.
23    The Commission shall compile and distribute to interested
24persons aggregate statistics, taken from any records and
25reports in the possession of the Commission. The aggregate

 

 

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1statistics shall not give the names or otherwise identify
2persons sustaining injuries or disabilities or the employer of
3any injured person or person with a disability.
4    The Commission is authorized to establish reasonable fees
5and methods of payment limited to covering only the costs to
6the Commission for processing, maintaining and generating
7records or data necessary for the computerized production of
8documents, records and other materials except to the extent of
9any salaries or compensation of Commission officers or
10employees.
11    All fees collected by the Commission under this Section
12shall be deposited in the Technology Management Statistical
13Services Revolving Fund and credited to the account of the
14Illinois Workers' Compensation Commission.
15(Source: P.A. 99-143, eff. 7-27-15.)
 
16    Section 99. Effective date. This Act takes effect on July
171, 2016.