SB2368sam001 99TH GENERAL ASSEMBLY

Sen. Michael Connelly

Filed: 3/31/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2368

2    AMENDMENT NO. ______. Amend Senate Bill 2368 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

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1    of information technology electronic data processing
2    equipment and software used by State agencies in such a
3    manner as to achieve maximum economy and provide adequate
4    assistance in the development of information suitable for
5    management analysis.
6        (2) Establish principles and standards of information
7    technology statistical reporting by State agencies and
8    priorities for completion of research by those agencies in
9    accordance with the requirements for management analysis
10    as specified by the Director.
11        (3) Establish, through the Director, charges for
12    information technology statistical services requested by
13    State agencies and rendered by the Department. The
14    Department is likewise empowered through the Director to
15    establish prices or charges for information technology
16    services rendered by the Department for all statistical
17    reports purchased by agencies and individuals not
18    connected with State government.
19        (4) Instruct all State agencies as the Director may
20    require to report regularly to the Department, in the
21    manner the Director may prescribe, their usage of
22    information technology electronic information devices and
23    services, the cost incurred, the information produced, and
24    the procedures followed in obtaining the information. All
25    State agencies shall request of the Director any
26    information technology resources statistical services

 

 

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1    requiring the use of electronic devices and shall conform
2    to the priorities assigned by the Director in using those
3    electronic devices.
4        (5) Examine the accounts, use of information
5    technology resources, and statistical data of any
6    organization, body, or agency receiving appropriations
7    from the General Assembly.
8        (6) Install and operate a modern information system
9    utilizing equipment adequate to satisfy the requirements
10    for analysis and review as specified by the Director.
11    Expenditures for information technology statistical
12    services rendered shall be reimbursed by the recipients.
13    The reimbursement shall be determined by the Director as
14    amounts sufficient to reimburse the Technology Management
15    Statistical Services Revolving Fund for expenditures
16    incurred in rendering the services.
17    (b) In addition to the other powers and duties listed in
18this Section, the Department shall analyze the present and
19future aims, needs, and requirements of information technology
20statistical research and planning in order to provide for the
21formulation of overall policy relative to the use of electronic
22data processing equipment and software by the State of
23Illinois. In making this analysis, the Department under the
24Director shall formulate a master plan for the use of
25information technology statistical research, utilizing
26electronic equipment, software, and services most

 

 

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1advantageously, and advising whether electronic data
2processing equipment and software should be leased or purchased
3by the State. The Department under the Director shall prepare
4and submit interim reports of meaningful developments and
5proposals for legislation to the Governor on or before January
630 each year. The Department under the Director shall engage in
7a continuing analysis and evaluation of the master plan so
8developed, and it shall be the responsibility of the Department
9to recommend from time to time any needed amendments and
10modifications of any master plan enacted by the General
11Assembly.
12    (c) For the purposes of this Section, Section 405-245, and
13paragraph (4) of Section 405-10 only, "State agencies" means
14all departments, boards, commissions, and agencies of the State
15of Illinois subject to the Governor.
16(Source: P.A. 94-91, eff. 7-1-05.)
 
17    (20 ILCS 405/405-250)  (was 20 ILCS 405/35.7a)
18    Sec. 405-250. Information technology Statistical services;
19use of information technology electronic data processing
20equipment and software. The Department may make information
21technology resources statistical services and the use of
22information technology electronic data processing equipment
23and software, including necessary telecommunications lines and
24equipment, available to local governments, elected State
25officials, State educational institutions, and all other

 

 

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1governmental units of the State requesting them. The Director
2is empowered to establish prices and charges for the
3information technology resources statistical services so
4furnished and for the use of the information technology
5electronic data processing equipment and software and
6necessary telecommunications lines and equipment. The prices
7and charges shall be sufficient to reimburse the cost of
8furnishing the services and use of equipment, software, and
9lines.
10(Source: P.A. 91-239, eff. 1-1-00.)
 
11    (20 ILCS 405/405-410)
12    Sec. 405-410. Transfer of Information Technology
13functions.
14    (a) Notwithstanding any other law to the contrary, the
15Director of Central Management Services, working in
16cooperation with the Director of any other agency, department,
17board, or commission directly responsible to the Governor, may
18direct the transfer, to the Department of Central Management
19Services, of those information technology functions at that
20agency, department, board, or commission that are suitable for
21centralization.
22    Upon receipt of the written direction to transfer
23information technology functions to the Department of Central
24Management Services, the personnel, equipment, and property
25(both real and personal) directly relating to the transferred

 

 

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1functions shall be transferred to the Department of Central
2Management Services, and the relevant documents, records, and
3correspondence shall be transferred or copied, as the Director
4may prescribe.
5    (b) Upon receiving written direction from the Director of
6Central Management Services, the Comptroller and Treasurer are
7authorized to transfer the unexpended balance of any
8appropriations related to the information technology functions
9transferred to the Department of Central Management Services
10and shall make the necessary fund transfers from any special
11fund in the State Treasury or from any other federal or State
12trust fund held by the Treasurer to the General Revenue Fund or
13, the Technology Management Statistical Services Revolving
14Fund, or the Communications Revolving Fund, as designated by
15the Director of Central Management Services, for use by the
16Department of Central Management Services in support of
17information technology functions or any other related costs or
18expenses of the Department of Central Management Services.
19    (c) The rights of employees and the State and its agencies
20under the Personnel Code and applicable collective bargaining
21agreements or under any pension, retirement, or annuity plan
22shall not be affected by any transfer under this Section.
23    (d) The functions transferred to the Department of Central
24Management Services by this Section shall be vested in and
25shall be exercised by the Department of Central Management
26Services. Each act done in the exercise of those functions

 

 

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1shall have the same legal effect as if done by the agencies,
2offices, divisions, departments, bureaus, boards and
3commissions from which they were transferred.
4    Every person or other entity shall be subject to the same
5obligations and duties and any penalties, civil or criminal,
6arising therefrom, and shall have the same rights arising from
7the exercise of such rights, powers, and duties as had been
8exercised by the agencies, offices, divisions, departments,
9bureaus, boards, and commissions from which they were
10transferred.
11    Whenever reports or notices are now required to be made or
12given or papers or documents furnished or served by any person
13in regards to the functions transferred to or upon the
14agencies, offices, divisions, departments, bureaus, boards,
15and commissions from which the functions were transferred, the
16same shall be made, given, furnished or served in the same
17manner to or upon the Department of Central Management
18Services.
19    This Section does not affect any act done, ratified, or
20cancelled or any right occurring or established or any action
21or proceeding had or commenced in an administrative, civil, or
22criminal cause regarding the functions transferred, but those
23proceedings may be continued by the Department of Central
24Management Services.
25    This Section does not affect the legality of any rules in
26the Illinois Administrative Code regarding the functions

 

 

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1transferred in this Section that are in force on the effective
2date of this Section. If necessary, however, the affected
3agencies shall propose, adopt, or repeal rules, rule
4amendments, and rule recodifications as appropriate to
5effectuate this Section.
6(Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04;
793-1067, eff. 1-15-05.)
 
8    Section 10. The State Finance Act is amended by changing
9Sections 5.12, 5.55, 6p-1, 6p-2, 6z-34, and 8.16a as follows:
 
10    (30 ILCS 105/5.12)  (from Ch. 127, par. 141.12)
11    Sec. 5.12. The Communications Revolving Fund. This Section
12is repealed on December 31, 2016.
13(Source: Laws 1919, p. 946.)
 
14    (30 ILCS 105/5.55)  (from Ch. 127, par. 141.55)
15    Sec. 5.55. The Technology Management Statistical Services
16Revolving Fund.
17(Source: Laws 1919, p. 946.)
 
18    (30 ILCS 105/6p-1)  (from Ch. 127, par. 142p1)
19    Sec. 6p-1. The Technology Management Revolving Fund
20(formerly known as the Statistical Services Revolving Fund)
21shall be initially financed by a transfer of funds from the
22General Revenue Fund. Thereafter, all fees and other monies

 

 

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1received by the Department of Central Management Services in
2payment for statistical services rendered pursuant to Section
3405-20 of the Department of Central Management Services Law (20
4ILCS 405/405-20) shall be paid into the Technology Management
5Statistical Services Revolving Fund. On and after July 1, 2016,
6or after sufficient moneys have been received in the
7Communications Revolving Fund to pay all Fiscal Year 2016
8obligations payable from the Fund, whichever is later, all fees
9and other moneys received by the Department of Central
10Management Services in payment for communications services
11rendered pursuant to the Department of Central Management
12Services Law of the Civil Administrative Code of Illinois or
13sale of surplus State communications equipment shall be paid
14into the Technology Management Revolving Fund. The money in
15this fund shall be used by the Department of Central Management
16Services as reimbursement for expenditures incurred in
17rendering statistical services and, beginning July 1, 2016, as
18reimbursement for expenditures incurred in relation to
19communications services.
20(Source: P.A. 91-239, eff. 1-1-00.)
 
21    (30 ILCS 105/6p-2)  (from Ch. 127, par. 142p2)
22    Sec. 6p-2. The Communications Revolving Fund shall be
23initially financed by a transfer of funds from the General
24Revenue Fund. Thereafter, all fees and other monies received by
25the Department of Central Management Services in payment for

 

 

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1communications services rendered pursuant to the Department of
2Central Management Services Law or sale of surplus State
3communications equipment shall be paid into the Communications
4Revolving Fund. Except as otherwise provided in this Section,
5the money in this fund shall be used by the Department of
6Central Management Services as reimbursement for expenditures
7incurred in relation to communications services.
8    On the effective date of this amendatory Act of the 93rd
9General Assembly, or as soon as practicable thereafter, the
10State Comptroller shall order transferred and the State
11Treasurer shall transfer $3,000,000 from the Communications
12Revolving Fund to the Emergency Public Health Fund to be used
13for the purposes specified in Section 55.6a of the
14Environmental Protection Act.
15    In addition to any other transfers that may be provided for
16by law, on July 1, 2011, or as soon thereafter as practical,
17the State Comptroller shall direct and the State Treasurer
18shall transfer the sum of $5,000,000 from the General Revenue
19Fund to the Communications Revolving Fund.
20    Notwithstanding any other provision of law, in addition to
21any other transfers that may be provided by law, on July 1,
222016, or after sufficient moneys have been received in the
23Communications Revolving Fund to pay all Fiscal Year 2016
24obligations payable from the Fund, whichever is later, the
25State Comptroller shall direct and the State Treasurer shall
26transfer the remaining balance from the Communications

 

 

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1Revolving Fund into the Technology Management Revolving Fund.
2Upon completion of the transfer, any future deposits due to
3that Fund and any outstanding obligations or liabilities of
4that Fund pass to the Technology Management Revolving Fund.
5(Source: P.A. 97-641, eff. 12-19-11.)
 
6    (30 ILCS 105/6z-34)
7    Sec. 6z-34. Secretary of State Special Services Fund. There
8is created in the State Treasury a special fund to be known as
9the Secretary of State Special Services Fund. Moneys deposited
10into the Fund may, subject to appropriation, be used by the
11Secretary of State for any or all of the following purposes:
12        (1) For general automation efforts within operations
13    of the Office of Secretary of State.
14        (2) For technology applications in any form that will
15    enhance the operational capabilities of the Office of
16    Secretary of State.
17        (3) To provide funds for any type of library grants
18    authorized and administered by the Secretary of State as
19    State Librarian.
20    These funds are in addition to any other funds otherwise
21authorized to the Office of Secretary of State for like or
22similar purposes.
23    On August 15, 1997, all fiscal year 1997 receipts that
24exceed the amount of $15,000,000 shall be transferred from this
25Fund to the Statistical Services Revolving Fund (now known as

 

 

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1the Technology Management Revolving Fund); on August 15, 1998
2and each year thereafter through 2000, all receipts from the
3fiscal year ending on the previous June 30th that exceed the
4amount of $17,000,000 shall be transferred from this Fund to
5the Statistical Services Revolving Fund (now known as the
6Technology Management Revolving Fund); on August 15, 2001 and
7each year thereafter through 2002, all receipts from the fiscal
8year ending on the previous June 30th that exceed the amount of
9$19,000,000 shall be transferred from this Fund to the
10Statistical Services Revolving Fund (now known as the
11Technology Management Revolving Fund); and on August 15, 2003
12and each year thereafter, all receipts from the fiscal year
13ending on the previous June 30th that exceed the amount of
14$33,000,000 shall be transferred from this Fund to the
15Technology Management Revolving Fund (formerly known as the
16Statistical Services Revolving Fund).
17(Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)
 
18    (30 ILCS 105/8.16a)  (from Ch. 127, par. 144.16a)
19    Sec. 8.16a. Appropriations for the procurement,
20installation, retention, maintenance and operation of
21electronic data processing and information technology devices
22and software used by state agencies subject to Section 405-20
23of the Department of Central Management Services Law (20 ILCS
24405/405-20), the purchase of necessary supplies and equipment
25and accessories thereto, and all other expenses incident to the

 

 

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1operation and maintenance of those electronic data processing
2and information technology devices and software are payable
3from the Technology Management Statistical Services Revolving
4Fund. However, no contract shall be entered into or obligation
5incurred for any expenditure from the Technology Management
6Statistical Services Revolving Fund until after the purpose and
7amount has been approved in writing by the Director of Central
8Management Services. Until there are sufficient funds in the
9Technology Management Revolving Fund (formerly known as the
10Statistical Services Revolving Fund) to carry out the purposes
11of this amendatory Act of 1965, however, the State agencies
12subject to that Section 405-20 shall, on written approval of
13the Director of Central Management Services, pay the cost of
14operating and maintaining electronic data processing systems
15from current appropriations as classified and standardized in
16the State Finance Act "An Act in relation to State finance",
17approved June 10, 1919, as amended.
18(Source: P.A. 91-239, eff. 1-1-00.)
 
19    Section 15. The Illinois Insurance Code is amended by
20changing Sections 408, 408.2, 1202, and 1206 as follows:
 
21    (215 ILCS 5/408)  (from Ch. 73, par. 1020)
22    Sec. 408. Fees and charges.
23    (1) The Director shall charge, collect and give proper
24acquittances for the payment of the following fees and charges:

 

 

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1        (a) For filing all documents submitted for the
2    incorporation or organization or certification of a
3    domestic company, except for a fraternal benefit society,
4    $2,000.
5        (b) For filing all documents submitted for the
6    incorporation or organization of a fraternal benefit
7    society, $500.
8        (c) For filing amendments to articles of incorporation
9    and amendments to declaration of organization, except for a
10    fraternal benefit society, a mutual benefit association, a
11    burial society or a farm mutual, $200.
12        (d) For filing amendments to articles of incorporation
13    of a fraternal benefit society, a mutual benefit
14    association or a burial society, $100.
15        (e) For filing amendments to articles of incorporation
16    of a farm mutual, $50.
17        (f) For filing bylaws or amendments thereto, $50.
18        (g) For filing agreement of merger or consolidation:
19            (i) for a domestic company, except for a fraternal
20        benefit society, a mutual benefit association, a
21        burial society, or a farm mutual, $2,000.
22            (ii) for a foreign or alien company, except for a
23        fraternal benefit society, $600.
24            (iii) for a fraternal benefit society, a mutual
25        benefit association, a burial society, or a farm
26        mutual, $200.

 

 

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1        (h) For filing agreements of reinsurance by a domestic
2    company, $200.
3        (i) For filing all documents submitted by a foreign or
4    alien company to be admitted to transact business or
5    accredited as a reinsurer in this State, except for a
6    fraternal benefit society, $5,000.
7        (j) For filing all documents submitted by a foreign or
8    alien fraternal benefit society to be admitted to transact
9    business in this State, $500.
10        (k) For filing declaration of withdrawal of a foreign
11    or alien company, $50.
12        (l) For filing annual statement by a domestic company,
13    except a fraternal benefit society, a mutual benefit
14    association, a burial society, or a farm mutual, $200.
15        (m) For filing annual statement by a domestic fraternal
16    benefit society, $100.
17        (n) For filing annual statement by a farm mutual, a
18    mutual benefit association, or a burial society, $50.
19        (o) For issuing a certificate of authority or renewal
20    thereof except to a foreign fraternal benefit society,
21    $400.
22        (p) For issuing a certificate of authority or renewal
23    thereof to a foreign fraternal benefit society, $200.
24        (q) For issuing an amended certificate of authority,
25    $50.
26        (r) For each certified copy of certificate of

 

 

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1    authority, $20.
2        (s) For each certificate of deposit, or valuation, or
3    compliance or surety certificate, $20.
4        (t) For copies of papers or records per page, $1.
5        (u) For each certification to copies of papers or
6    records, $10.
7        (v) For multiple copies of documents or certificates
8    listed in subparagraphs (r), (s), and (u) of paragraph (1)
9    of this Section, $10 for the first copy of a certificate of
10    any type and $5 for each additional copy of the same
11    certificate requested at the same time, unless, pursuant to
12    paragraph (2) of this Section, the Director finds these
13    additional fees excessive.
14        (w) For issuing a permit to sell shares or increase
15    paid-up capital:
16            (i) in connection with a public stock offering,
17        $300;
18            (ii) in any other case, $100.
19        (x) For issuing any other certificate required or
20    permissible under the law, $50.
21        (y) For filing a plan of exchange of the stock of a
22    domestic stock insurance company, a plan of
23    demutualization of a domestic mutual company, or a plan of
24    reorganization under Article XII, $2,000.
25        (z) For filing a statement of acquisition of a domestic
26    company as defined in Section 131.4 of this Code, $2,000.

 

 

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1        (aa) For filing an agreement to purchase the business
2    of an organization authorized under the Dental Service Plan
3    Act or the Voluntary Health Services Plans Act or of a
4    health maintenance organization or a limited health
5    service organization, $2,000.
6        (bb) For filing a statement of acquisition of a foreign
7    or alien insurance company as defined in Section 131.12a of
8    this Code, $1,000.
9        (cc) For filing a registration statement as required in
10    Sections 131.13 and 131.14, the notification as required by
11    Sections 131.16, 131.20a, or 141.4, or an agreement or
12    transaction required by Sections 124.2(2), 141, 141a, or
13    141.1, $200.
14        (dd) For filing an application for licensing of:
15            (i) a religious or charitable risk pooling trust or
16        a workers' compensation pool, $1,000;
17            (ii) a workers' compensation service company,
18        $500;
19            (iii) a self-insured automobile fleet, $200; or
20            (iv) a renewal of or amendment of any license
21        issued pursuant to (i), (ii), or (iii) above, $100.
22        (ee) For filing articles of incorporation for a
23    syndicate to engage in the business of insurance through
24    the Illinois Insurance Exchange, $2,000.
25        (ff) For filing amended articles of incorporation for a
26    syndicate engaged in the business of insurance through the

 

 

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1    Illinois Insurance Exchange, $100.
2        (gg) For filing articles of incorporation for a limited
3    syndicate to join with other subscribers or limited
4    syndicates to do business through the Illinois Insurance
5    Exchange, $1,000.
6        (hh) For filing amended articles of incorporation for a
7    limited syndicate to do business through the Illinois
8    Insurance Exchange, $100.
9        (ii) For a permit to solicit subscriptions to a
10    syndicate or limited syndicate, $100.
11        (jj) For the filing of each form as required in Section
12    143 of this Code, $50 per form. The fee for advisory and
13    rating organizations shall be $200 per form.
14            (i) For the purposes of the form filing fee,
15        filings made on insert page basis will be considered
16        one form at the time of its original submission.
17        Changes made to a form subsequent to its approval shall
18        be considered a new filing.
19            (ii) Only one fee shall be charged for a form,
20        regardless of the number of other forms or policies
21        with which it will be used.
22            (iii) Fees charged for a policy filed as it will be
23        issued regardless of the number of forms comprising
24        that policy shall not exceed $1,500. For advisory or
25        rating organizations, fees charged for a policy filed
26        as it will be issued regardless of the number of forms

 

 

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1        comprising that policy shall not exceed $2,500.
2            (iv) The Director may by rule exempt forms from
3        such fees.
4        (kk) For filing an application for licensing of a
5    reinsurance intermediary, $500.
6        (ll) For filing an application for renewal of a license
7    of a reinsurance intermediary, $200.
8    (2) When printed copies or numerous copies of the same
9paper or records are furnished or certified, the Director may
10reduce such fees for copies if he finds them excessive. He may,
11when he considers it in the public interest, furnish without
12charge to state insurance departments and persons other than
13companies, copies or certified copies of reports of
14examinations and of other papers and records.
15    (3) The expenses incurred in any performance examination
16authorized by law shall be paid by the company or person being
17examined. The charge shall be reasonably related to the cost of
18the examination including but not limited to compensation of
19examiners, electronic data processing costs, supervision and
20preparation of an examination report and lodging and travel
21expenses. All lodging and travel expenses shall be in accord
22with the applicable travel regulations as published by the
23Department of Central Management Services and approved by the
24Governor's Travel Control Board, except that out-of-state
25lodging and travel expenses related to examinations authorized
26under Section 132 shall be in accordance with travel rates

 

 

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1prescribed under paragraph 301-7.2 of the Federal Travel
2Regulations, 41 C.F.R. 301-7.2, for reimbursement of
3subsistence expenses incurred during official travel. All
4lodging and travel expenses may be reimbursed directly upon
5authorization of the Director. With the exception of the direct
6reimbursements authorized by the Director, all performance
7examination charges collected by the Department shall be paid
8to the Insurance Producer Administration Fund, however, the
9electronic data processing costs incurred by the Department in
10the performance of any examination shall be billed directly to
11the company being examined for payment to the Technology
12Management Statistical Services Revolving Fund.
13    (4) At the time of any service of process on the Director
14as attorney for such service, the Director shall charge and
15collect the sum of $20, which may be recovered as taxable costs
16by the party to the suit or action causing such service to be
17made if he prevails in such suit or action.
18    (5) (a) The costs incurred by the Department of Insurance
19in conducting any hearing authorized by law shall be assessed
20against the parties to the hearing in such proportion as the
21Director of Insurance may determine upon consideration of all
22relevant circumstances including: (1) the nature of the
23hearing; (2) whether the hearing was instigated by, or for the
24benefit of a particular party or parties; (3) whether there is
25a successful party on the merits of the proceeding; and (4) the
26relative levels of participation by the parties.

 

 

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1    (b) For purposes of this subsection (5) costs incurred
2shall mean the hearing officer fees, court reporter fees, and
3travel expenses of Department of Insurance officers and
4employees; provided however, that costs incurred shall not
5include hearing officer fees or court reporter fees unless the
6Department has retained the services of independent
7contractors or outside experts to perform such functions.
8    (c) The Director shall make the assessment of costs
9incurred as part of the final order or decision arising out of
10the proceeding; provided, however, that such order or decision
11shall include findings and conclusions in support of the
12assessment of costs. This subsection (5) shall not be construed
13as permitting the payment of travel expenses unless calculated
14in accordance with the applicable travel regulations of the
15Department of Central Management Services, as approved by the
16Governor's Travel Control Board. The Director as part of such
17order or decision shall require all assessments for hearing
18officer fees and court reporter fees, if any, to be paid
19directly to the hearing officer or court reporter by the
20party(s) assessed for such costs. The assessments for travel
21expenses of Department officers and employees shall be
22reimbursable to the Director of Insurance for deposit to the
23fund out of which those expenses had been paid.
24    (d) The provisions of this subsection (5) shall apply in
25the case of any hearing conducted by the Director of Insurance
26not otherwise specifically provided for by law.

 

 

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1    (6) The Director shall charge and collect an annual
2financial regulation fee from every domestic company for
3examination and analysis of its financial condition and to fund
4the internal costs and expenses of the Interstate Insurance
5Receivership Commission as may be allocated to the State of
6Illinois and companies doing an insurance business in this
7State pursuant to Article X of the Interstate Insurance
8Receivership Compact. The fee shall be the greater fixed amount
9based upon the combination of nationwide direct premium income
10and nationwide reinsurance assumed premium income or upon
11admitted assets calculated under this subsection as follows:
12        (a) Combination of nationwide direct premium income
13    and nationwide reinsurance assumed premium.
14            (i) $150, if the premium is less than $500,000 and
15        there is no reinsurance assumed premium;
16            (ii) $750, if the premium is $500,000 or more, but
17        less than $5,000,000 and there is no reinsurance
18        assumed premium; or if the premium is less than
19        $5,000,000 and the reinsurance assumed premium is less
20        than $10,000,000;
21            (iii) $3,750, if the premium is less than
22        $5,000,000 and the reinsurance assumed premium is
23        $10,000,000 or more;
24            (iv) $7,500, if the premium is $5,000,000 or more,
25        but less than $10,000,000;
26            (v) $18,000, if the premium is $10,000,000 or more,

 

 

09900SB2368sam001- 23 -LRB099 16038 MLM 46404 a

1        but less than $25,000,000;
2            (vi) $22,500, if the premium is $25,000,000 or
3        more, but less than $50,000,000;
4            (vii) $30,000, if the premium is $50,000,000 or
5        more, but less than $100,000,000;
6            (viii) $37,500, if the premium is $100,000,000 or
7        more.
8        (b) Admitted assets.
9            (i) $150, if admitted assets are less than
10        $1,000,000;
11            (ii) $750, if admitted assets are $1,000,000 or
12        more, but less than $5,000,000;
13            (iii) $3,750, if admitted assets are $5,000,000 or
14        more, but less than $25,000,000;
15            (iv) $7,500, if admitted assets are $25,000,000 or
16        more, but less than $50,000,000;
17            (v) $18,000, if admitted assets are $50,000,000 or
18        more, but less than $100,000,000;
19            (vi) $22,500, if admitted assets are $100,000,000
20        or more, but less than $500,000,000;
21            (vii) $30,000, if admitted assets are $500,000,000
22        or more, but less than $1,000,000,000;
23            (viii) $37,500, if admitted assets are
24        $1,000,000,000 or more.
25        (c) The sum of financial regulation fees charged to the
26    domestic companies of the same affiliated group shall not

 

 

09900SB2368sam001- 24 -LRB099 16038 MLM 46404 a

1    exceed $250,000 in the aggregate in any single year and
2    shall be billed by the Director to the member company
3    designated by the group.
4    (7) The Director shall charge and collect an annual
5financial regulation fee from every foreign or alien company,
6except fraternal benefit societies, for the examination and
7analysis of its financial condition and to fund the internal
8costs and expenses of the Interstate Insurance Receivership
9Commission as may be allocated to the State of Illinois and
10companies doing an insurance business in this State pursuant to
11Article X of the Interstate Insurance Receivership Compact. The
12fee shall be a fixed amount based upon Illinois direct premium
13income and nationwide reinsurance assumed premium income in
14accordance with the following schedule:
15        (a) $150, if the premium is less than $500,000 and
16    there is no reinsurance assumed premium;
17        (b) $750, if the premium is $500,000 or more, but less
18    than $5,000,000 and there is no reinsurance assumed
19    premium; or if the premium is less than $5,000,000 and the
20    reinsurance assumed premium is less than $10,000,000;
21        (c) $3,750, if the premium is less than $5,000,000 and
22    the reinsurance assumed premium is $10,000,000 or more;
23        (d) $7,500, if the premium is $5,000,000 or more, but
24    less than $10,000,000;
25        (e) $18,000, if the premium is $10,000,000 or more, but
26    less than $25,000,000;

 

 

09900SB2368sam001- 25 -LRB099 16038 MLM 46404 a

1        (f) $22,500, if the premium is $25,000,000 or more, but
2    less than $50,000,000;
3        (g) $30,000, if the premium is $50,000,000 or more, but
4    less than $100,000,000;
5        (h) $37,500, if the premium is $100,000,000 or more.
6    The sum of financial regulation fees under this subsection
7(7) charged to the foreign or alien companies within the same
8affiliated group shall not exceed $250,000 in the aggregate in
9any single year and shall be billed by the Director to the
10member company designated by the group.
11    (8) Beginning January 1, 1992, the financial regulation
12fees imposed under subsections (6) and (7) of this Section
13shall be paid by each company or domestic affiliated group
14annually. After January 1, 1994, the fee shall be billed by
15Department invoice based upon the company's premium income or
16admitted assets as shown in its annual statement for the
17preceding calendar year. The invoice is due upon receipt and
18must be paid no later than June 30 of each calendar year. All
19financial regulation fees collected by the Department shall be
20paid to the Insurance Financial Regulation Fund. The Department
21may not collect financial examiner per diem charges from
22companies subject to subsections (6) and (7) of this Section
23undergoing financial examination after June 30, 1992.
24    (9) In addition to the financial regulation fee required by
25this Section, a company undergoing any financial examination
26authorized by law shall pay the following costs and expenses

 

 

09900SB2368sam001- 26 -LRB099 16038 MLM 46404 a

1incurred by the Department: electronic data processing costs,
2the expenses authorized under Section 131.21 and subsection (d)
3of Section 132.4 of this Code, and lodging and travel expenses.
4    Electronic data processing costs incurred by the
5Department in the performance of any examination shall be
6billed directly to the company undergoing examination for
7payment to the Technology Management Statistical Services
8Revolving Fund. Except for direct reimbursements authorized by
9the Director or direct payments made under Section 131.21 or
10subsection (d) of Section 132.4 of this Code, all financial
11regulation fees and all financial examination charges
12collected by the Department shall be paid to the Insurance
13Financial Regulation Fund.
14    All lodging and travel expenses shall be in accordance with
15applicable travel regulations published by the Department of
16Central Management Services and approved by the Governor's
17Travel Control Board, except that out-of-state lodging and
18travel expenses related to examinations authorized under
19Sections 132.1 through 132.7 shall be in accordance with travel
20rates prescribed under paragraph 301-7.2 of the Federal Travel
21Regulations, 41 C.F.R. 301-7.2, for reimbursement of
22subsistence expenses incurred during official travel. All
23lodging and travel expenses may be reimbursed directly upon the
24authorization of the Director.
25    In the case of an organization or person not subject to the
26financial regulation fee, the expenses incurred in any

 

 

09900SB2368sam001- 27 -LRB099 16038 MLM 46404 a

1financial examination authorized by law shall be paid by the
2organization or person being examined. The charge shall be
3reasonably related to the cost of the examination including,
4but not limited to, compensation of examiners and other costs
5described in this subsection.
6    (10) Any company, person, or entity failing to make any
7payment of $150 or more as required under this Section shall be
8subject to the penalty and interest provisions provided for in
9subsections (4) and (7) of Section 412.
10    (11) Unless otherwise specified, all of the fees collected
11under this Section shall be paid into the Insurance Financial
12Regulation Fund.
13    (12) For purposes of this Section:
14        (a) "Domestic company" means a company as defined in
15    Section 2 of this Code which is incorporated or organized
16    under the laws of this State, and in addition includes a
17    not-for-profit corporation authorized under the Dental
18    Service Plan Act or the Voluntary Health Services Plans
19    Act, a health maintenance organization, and a limited
20    health service organization.
21        (b) "Foreign company" means a company as defined in
22    Section 2 of this Code which is incorporated or organized
23    under the laws of any state of the United States other than
24    this State and in addition includes a health maintenance
25    organization and a limited health service organization
26    which is incorporated or organized under the laws of any

 

 

09900SB2368sam001- 28 -LRB099 16038 MLM 46404 a

1    state of the United States other than this State.
2        (c) "Alien company" means a company as defined in
3    Section 2 of this Code which is incorporated or organized
4    under the laws of any country other than the United States.
5        (d) "Fraternal benefit society" means a corporation,
6    society, order, lodge or voluntary association as defined
7    in Section 282.1 of this Code.
8        (e) "Mutual benefit association" means a company,
9    association or corporation authorized by the Director to do
10    business in this State under the provisions of Article
11    XVIII of this Code.
12        (f) "Burial society" means a person, firm,
13    corporation, society or association of individuals
14    authorized by the Director to do business in this State
15    under the provisions of Article XIX of this Code.
16        (g) "Farm mutual" means a district, county and township
17    mutual insurance company authorized by the Director to do
18    business in this State under the provisions of the Farm
19    Mutual Insurance Company Act of 1986.
20(Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11;
2197-813, eff. 7-13-12; 98-463, eff. 8-16-13.)
 
22    (215 ILCS 5/408.2)  (from Ch. 73, par. 1020.2)
23    Sec. 408.2. Statistical Services. Any public record, or any
24data obtained by the Department of Insurance, which is subject
25to public inspection or copying and which is maintained on a

 

 

09900SB2368sam001- 29 -LRB099 16038 MLM 46404 a

1computer processible medium, may be furnished in a computer
2processed or computer processible medium upon the written
3request of any applicant and the payment of a reasonable fee
4established by the Director sufficient to cover the total cost
5of the Department for processing, maintaining and generating
6such computer processible records or data, except to the extent
7of any salaries or compensation of Department officers or
8employees.
9    The Director of Insurance is specifically authorized to
10contract with members of the public at large, enter waiver
11agreements, or otherwise enter written agreements for the
12purpose of assuring public access to the Department's computer
13processible records or data, or for the purpose of restricting,
14controlling or limiting such access where necessary to protect
15the confidentiality of individuals, companies or other
16entities identified by such documents.
17    All fees collected by the Director under this Section 408.2
18shall be deposited in the Technology Management Statistical
19Services Revolving Fund and credited to the account of the
20Department of Insurance. Any surplus funds remaining in such
21account at the close of any fiscal year shall be delivered to
22the State Treasurer for deposit in the Insurance Financial
23Regulation Fund.
24(Source: P.A. 84-989.)
 
25    (215 ILCS 5/1202)  (from Ch. 73, par. 1065.902)

 

 

09900SB2368sam001- 30 -LRB099 16038 MLM 46404 a

1    Sec. 1202. Duties. The Director shall:
2        (a) determine the relationship of insurance premiums
3    and related income as compared to insurance costs and
4    expenses and provide such information to the General
5    Assembly and the general public;
6        (b) study the insurance system in the State of
7    Illinois, and recommend to the General Assembly what it
8    deems to be the most appropriate and comprehensive cost
9    containment system for the State;
10        (c) respond to the requests by agencies of government
11    and the General Assembly for special studies and analysis
12    of data collected pursuant to this Article. Such reports
13    shall be made available in a form prescribed by the
14    Director. The Director may also determine a fee to be
15    charged to the requesting agency to cover the direct and
16    indirect costs for producing such a report, and shall
17    permit affected insurers the right to review the accuracy
18    of the report before it is released. The fees shall be
19    deposited into the Technology Management Statistical
20    Services Revolving Fund and credited to the account of the
21    Department of Insurance;
22        (d) make an interim report to the General Assembly no
23    later than August 15, 1987, and an a annual report to the
24    General Assembly no later than July 1 every year thereafter
25    which shall include the Director's findings and
26    recommendations regarding its duties as provided under

 

 

09900SB2368sam001- 31 -LRB099 16038 MLM 46404 a

1    subsections (a), (b), and (c) of this Section.
2(Source: P.A. 98-226, eff. 1-1-14; revised 10-21-15.)
 
3    (215 ILCS 5/1206)  (from Ch. 73, par. 1065.906)
4    Sec. 1206. Expenses. The companies required to file reports
5under this Article shall pay a reasonable fee established by
6the Director sufficient to cover the total cost of the
7Department incident to or associated with the administration
8and enforcement of this Article, including the collection,
9analysis and distribution of the insurance cost data, the
10conversion of hard copy reports to tape, and the compilation
11and analysis of basic reports. The Director may establish a
12schedule of fees for this purpose. Expenses for additional
13reports shall be billed to those requesting the reports. Any
14such fees collected under this Section shall be paid to the
15Director of Insurance and deposited into the Technology
16Management Statistical Services Revolving Fund and credited to
17the account of the Department of Insurance.
18(Source: P.A. 84-1431.)
 
19    Section 20. The Workers' Compensation Act is amended by
20changing Section 17 as follows:
 
21    (820 ILCS 305/17)  (from Ch. 48, par. 138.17)
22    Sec. 17. The Commission shall cause to be printed and
23furnish free of charge upon request by any employer or employee

 

 

09900SB2368sam001- 32 -LRB099 16038 MLM 46404 a

1such blank forms as may facilitate or promote efficient
2administration and the performance of the duties of the
3Commission. It shall provide a proper record in which shall be
4entered and indexed the name of any employer who shall file a
5notice of declination or withdrawal under this Act, and the
6date of the filing thereof; and a proper record in which shall
7be entered and indexed the name of any employee who shall file
8such notice of declination or withdrawal, and the date of the
9filing thereof; and such other notices as may be required by
10this Act; and records in which shall be recorded all
11proceedings, orders and awards had or made by the Commission or
12by the arbitration committees, and such other books or records
13as it shall deem necessary, all such records to be kept in the
14office of the Commission.
15    The Commission may destroy all papers and documents which
16have been on file for more than 5 years where there is no claim
17for compensation pending or where more than 2 years have
18elapsed since the termination of the compensation period.
19    The Commission shall compile and distribute to interested
20persons aggregate statistics, taken from any records and
21reports in the possession of the Commission. The aggregate
22statistics shall not give the names or otherwise identify
23persons sustaining injuries or disabilities or the employer of
24any injured person or person with a disability.
25    The Commission is authorized to establish reasonable fees
26and methods of payment limited to covering only the costs to

 

 

09900SB2368sam001- 33 -LRB099 16038 MLM 46404 a

1the Commission for processing, maintaining and generating
2records or data necessary for the computerized production of
3documents, records and other materials except to the extent of
4any salaries or compensation of Commission officers or
5employees.
6    All fees collected by the Commission under this Section
7shall be deposited in the Technology Management Statistical
8Services Revolving Fund and credited to the account of the
9Illinois Workers' Compensation Commission.
10(Source: P.A. 99-143, eff. 7-27-15.)
 
11    Section 25. The Workers' Occupational Diseases Act is
12amended by changing Section 17 as follows:
 
13    (820 ILCS 310/17)  (from Ch. 48, par. 172.52)
14    Sec. 17. The Commission shall cause to be printed and shall
15furnish free of charge upon request by any employer or employee
16such blank forms as it shall deem requisite to facilitate or
17promote the efficient administration of this Act, and the
18performance of the duties of the Commission. It shall provide a
19proper record in which shall be entered and indexed the name of
20any employer who shall file a notice of election under this
21Act, and the date of the filing thereof; and a proper record in
22which shall be entered and indexed the name of any employee who
23shall file a notice of election, and the date of the filing
24thereof; and such other notices as may be required by this Act;

 

 

09900SB2368sam001- 34 -LRB099 16038 MLM 46404 a

1and records in which shall be recorded all proceedings, orders
2and awards had or made by the Commission, or by the arbitration
3committees, and such other books or records as it shall deem
4necessary, all such records to be kept in the office of the
5Commission. The Commission, in its discretion, may destroy all
6papers and documents except notices of election and waivers
7which have been on file for more than five years where there is
8no claim for compensation pending, or where more than two years
9have elapsed since the termination of the compensation period.
10    The Commission shall compile and distribute to interested
11persons aggregate statistics, taken from any records and
12reports in the possession of the Commission. The aggregate
13statistics shall not give the names or otherwise identify
14persons sustaining injuries or disabilities or the employer of
15any injured person or person with a disability.
16    The Commission is authorized to establish reasonable fees
17and methods of payment limited to covering only the costs to
18the Commission for processing, maintaining and generating
19records or data necessary for the computerized production of
20documents, records and other materials except to the extent of
21any salaries or compensation of Commission officers or
22employees.
23    All fees collected by the Commission under this Section
24shall be deposited in the Technology Management Statistical
25Services Revolving Fund and credited to the account of the
26Illinois Workers' Compensation Commission.

 

 

09900SB2368sam001- 35 -LRB099 16038 MLM 46404 a

1(Source: P.A. 99-143, eff. 7-27-15.)
 
2    Section 99. Effective date. This Act takes effect on July
31, 2016.".