SB2178 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2178

 

Introduced 3/28/2017, by Sen. William E. Brady

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 100/5-45  from Ch. 127, par. 1005-45
5 ILCS 315/4  from Ch. 48, par. 1604
5 ILCS 315/7  from Ch. 48, par. 1607
5 ILCS 375/6  from Ch. 127, par. 526
305 ILCS 5/5A-10  from Ch. 23, par. 5A-10
30 ILCS 805/8.41 new

    Creates the Budget Management and Control Act. Provides that for State fiscal years 2017, 2018, and 2019, the Governor shall have the authority to transfer amounts from any fund held by the Treasurer to any general fund held by the Treasurer, with certain exceptions. Limits the total amount of transfers made to $1 billion through fiscal year 2019. Provides the Governor with the authority to modify any statute or rule establishing rates, benefits, or eligibility criteria for payments made by an agency to providers of services of medical assistance under Title XIX or Title XXI of the federal Social Security Act to achieve program savings of up to 5% for fiscal year 2018. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Amends the Illinois Public Labor Relations Act. Provides that design, implementation, and administration of certain health insurance plans is not subject to collective bargaining. Amends the State Employees Group Insurance Act of 1971. Provides that the level of premium contributions for health insurance plans is subject to collective bargaining. Amends the Illinois Public Aid Code to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB2178LRB100 12109 JWD 24388 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Budget
5Management and Control Act.
 
6    Section 5. Legislative intent. The State is currently
7confronted with an unprecedented fiscal crisis. Although the
8Constitution of the State of Illinois requires that spending
9not exceed available revenues, the State is currently spending
10in excess of estimated revenues during fiscal year 2017, which
11is significantly increasing the backlog of unpaid bills.
12Without substantial corrective action taken by the General
13Assembly, future fiscal years' budgets will also be unbalanced.
14This Act is to be liberally construed and interpreted in a
15manner that allows the State to address the fiscal crisis.
 
16    Section 10. Definitions. As used in this Act, "agency"
17means the Department on Aging, the Department of Children and
18Family Services, the Department of Healthcare and Family
19Services, and the Department of Human Services.
 
20    Section 20. Funds transfers. Notwithstanding any other
21provision of law, for the State's fiscal years 2017, 2018, and

 

 

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12019, at the direction of and upon notification from the
2Governor, the Comptroller shall direct and the Treasurer shall
3transfer an amount specified by the Governor from any fund held
4by the Treasurer to any general fund held by the Treasurer;
5provided, however, that no transfer may be made out of: (i) any
6federal trust fund; (ii) any amount set aside for payment of
7debt service; (iii) amounts held in investments or cash by the
8State retirement systems governed by Articles 2, 14, 15, 16, or
918 of the Illinois Pension Code; (iv) the Road Fund; or (v)
10funds administered or used solely by the General Assembly,
11judicial branch, Treasurer, Comptroller, or Secretary of
12State. The total amount of transfers made under this Section
13shall not exceed $1 billion through the end of fiscal year
142019.
15    No transfer made pursuant to this Section may reduce the
16cumulative balance of all of the funds held by the Treasurer to
17an amount less than the total debt service payable during the
1812 months immediately following the date of the transfer on any
19bonded indebtedness of the State and any certificates issued
20under the Short Term Borrowing Act. If the Director of the
21Governor's Office of Management and Budget determines that any
22transfer to the general funds from any of the funds from which
23moneys have been transferred under this Section either (i)
24jeopardizes federal funding based on a written communication
25from a federal official or (ii) violates an order of a court of
26competent jurisdiction, then the Director may order the

 

 

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1Treasurer and Comptroller, in writing, to transfer from the
2General Revenue Fund to that fund all or part of the amounts
3transferred from that fund under this Section.
 
4    Section 25. Medical Assistance Program modifications.
5Notwithstanding any other provision of law, the Governor may
6modify any statute or rule establishing rates, benefits, or
7eligibility criteria for payments made by an agency to
8providers of services of medical assistance under Title XIX or
9Title XXI of the federal Social Security Act to achieve program
10savings of up to 5% of spending on Medicaid Title XIX or Title
11XXI programs for fiscal year 2018 as estimated by the
12Governor's Office of Management and Budget.
 
13    Section 30. Limitations; notice.
14    (a) The sum of transfers made pursuant to Section 20 and
15savings to be realized by the State due to modifications
16pursuant to Section 25 shall not exceed for each fiscal year
17the amount by which total State spending for that fiscal year
18is estimated to exceed available revenues for that fiscal year,
19as determined by the Governor's Office of Management and
20Budget.
21    (b) The Governor shall provide notice of each transfer made
22pursuant to Section 20 and modification pursuant to Section 25
23within 10 business days after the action is taken to the Clerk
24of the House of Representatives, the Secretary of the Senate,

 

 

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1the Commission on Government Forecasting and Accountability,
2the Comptroller, and the Treasurer. A copy of such notices, or
3a cumulative summary of the actions taken, shall be posted on a
4public website maintained by the Governor's Office of
5Management and Budget.
 
6    Section 40. Emergency rules. Notwithstanding any other
7provision of law, an agency may adopt emergency rules pursuant
8to subsection (y) of Section 5-45 of the Illinois
9Administrative Procedure Act to limit, reduce, or adjust
10services, payment rates, expenditures, transfers of funds, and
11eligibility criteria, to the extent permitted by federal law,
12as necessary to implement (i) any transfer of balances pursuant
13to Section 20 affecting State funds designated for use by the
14agency or (ii) modifications made by the Governor pursuant to
15Section 25. Nothing in this Section shall require rulemaking if
16the limitation, reduction, or adjustment would otherwise be
17within the authority of the agency without rulemaking.
 
18    Section 105. The Illinois Administrative Procedure Act is
19amended by changing Section 5-45 as follows:
 
20    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
21    (Text of Section before amendment by P.A. 99-906)
22    Sec. 5-45. Emergency rulemaking.
23    (a) "Emergency" means the existence of any situation that

 

 

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1any agency finds reasonably constitutes a threat to the public
2interest, safety, or welfare.
3    (b) If any agency finds that an emergency exists that
4requires adoption of a rule upon fewer days than is required by
5Section 5-40 and states in writing its reasons for that
6finding, the agency may adopt an emergency rule without prior
7notice or hearing upon filing a notice of emergency rulemaking
8with the Secretary of State under Section 5-70. The notice
9shall include the text of the emergency rule and shall be
10published in the Illinois Register. Consent orders or other
11court orders adopting settlements negotiated by an agency may
12be adopted under this Section. Subject to applicable
13constitutional or statutory provisions, an emergency rule
14becomes effective immediately upon filing under Section 5-65 or
15at a stated date less than 10 days thereafter. The agency's
16finding and a statement of the specific reasons for the finding
17shall be filed with the rule. The agency shall take reasonable
18and appropriate measures to make emergency rules known to the
19persons who may be affected by them.
20    (c) An emergency rule may be effective for a period of not
21longer than 150 days, but the agency's authority to adopt an
22identical rule under Section 5-40 is not precluded. No
23emergency rule may be adopted more than once in any 24-month 24
24month period, except that this limitation on the number of
25emergency rules that may be adopted in a 24-month 24 month
26period does not apply to (i) emergency rules that make

 

 

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1additions to and deletions from the Drug Manual under Section
25-5.16 of the Illinois Public Aid Code or the generic drug
3formulary under Section 3.14 of the Illinois Food, Drug and
4Cosmetic Act, (ii) emergency rules adopted by the Pollution
5Control Board before July 1, 1997 to implement portions of the
6Livestock Management Facilities Act, (iii) emergency rules
7adopted by the Illinois Department of Public Health under
8subsections (a) through (i) of Section 2 of the Department of
9Public Health Act when necessary to protect the public's
10health, (iv) emergency rules adopted pursuant to subsection (n)
11of this Section, (v) emergency rules adopted pursuant to
12subsection (o) of this Section, or (vi) emergency rules adopted
13pursuant to subsection (c-5) of this Section, or (vii)
14emergency rules adopted pursuant to subsection (y) of this
15Section. Two or more emergency rules having substantially the
16same purpose and effect shall be deemed to be a single rule for
17purposes of this Section.
18    (c-5) To facilitate the maintenance of the program of group
19health benefits provided to annuitants, survivors, and retired
20employees under the State Employees Group Insurance Act of
211971, rules to alter the contributions to be paid by the State,
22annuitants, survivors, retired employees, or any combination
23of those entities, for that program of group health benefits,
24shall be adopted as emergency rules. The adoption of those
25rules shall be considered an emergency and necessary for the
26public interest, safety, and welfare.

 

 

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1    (d) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 1999 budget,
3emergency rules to implement any provision of Public Act 90-587
4or 90-588 or any other budget initiative for fiscal year 1999
5may be adopted in accordance with this Section by the agency
6charged with administering that provision or initiative,
7except that the 24-month limitation on the adoption of
8emergency rules and the provisions of Sections 5-115 and 5-125
9do not apply to rules adopted under this subsection (d). The
10adoption of emergency rules authorized by this subsection (d)
11shall be deemed to be necessary for the public interest,
12safety, and welfare.
13    (e) In order to provide for the expeditious and timely
14implementation of the State's fiscal year 2000 budget,
15emergency rules to implement any provision of Public Act 91-24
16or any other budget initiative for fiscal year 2000 may be
17adopted in accordance with this Section by the agency charged
18with administering that provision or initiative, except that
19the 24-month limitation on the adoption of emergency rules and
20the provisions of Sections 5-115 and 5-125 do not apply to
21rules adopted under this subsection (e). The adoption of
22emergency rules authorized by this subsection (e) shall be
23deemed to be necessary for the public interest, safety, and
24welfare.
25    (f) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 2001 budget,

 

 

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1emergency rules to implement any provision of Public Act 91-712
2or any other budget initiative for fiscal year 2001 may be
3adopted in accordance with this Section by the agency charged
4with administering that provision or initiative, except that
5the 24-month limitation on the adoption of emergency rules and
6the provisions of Sections 5-115 and 5-125 do not apply to
7rules adopted under this subsection (f). The adoption of
8emergency rules authorized by this subsection (f) shall be
9deemed to be necessary for the public interest, safety, and
10welfare.
11    (g) In order to provide for the expeditious and timely
12implementation of the State's fiscal year 2002 budget,
13emergency rules to implement any provision of Public Act 92-10
14or any other budget initiative for fiscal year 2002 may be
15adopted in accordance with this Section by the agency charged
16with administering that provision or initiative, except that
17the 24-month limitation on the adoption of emergency rules and
18the provisions of Sections 5-115 and 5-125 do not apply to
19rules adopted under this subsection (g). The adoption of
20emergency rules authorized by this subsection (g) shall be
21deemed to be necessary for the public interest, safety, and
22welfare.
23    (h) In order to provide for the expeditious and timely
24implementation of the State's fiscal year 2003 budget,
25emergency rules to implement any provision of Public Act 92-597
26or any other budget initiative for fiscal year 2003 may be

 

 

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1adopted in accordance with this Section by the agency charged
2with administering that provision or initiative, except that
3the 24-month limitation on the adoption of emergency rules and
4the provisions of Sections 5-115 and 5-125 do not apply to
5rules adopted under this subsection (h). The adoption of
6emergency rules authorized by this subsection (h) shall be
7deemed to be necessary for the public interest, safety, and
8welfare.
9    (i) In order to provide for the expeditious and timely
10implementation of the State's fiscal year 2004 budget,
11emergency rules to implement any provision of Public Act 93-20
12or any other budget initiative for fiscal year 2004 may be
13adopted in accordance with this Section by the agency charged
14with administering that provision or initiative, except that
15the 24-month limitation on the adoption of emergency rules and
16the provisions of Sections 5-115 and 5-125 do not apply to
17rules adopted under this subsection (i). The adoption of
18emergency rules authorized by this subsection (i) shall be
19deemed to be necessary for the public interest, safety, and
20welfare.
21    (j) In order to provide for the expeditious and timely
22implementation of the provisions of the State's fiscal year
232005 budget as provided under the Fiscal Year 2005 Budget
24Implementation (Human Services) Act, emergency rules to
25implement any provision of the Fiscal Year 2005 Budget
26Implementation (Human Services) Act may be adopted in

 

 

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1accordance with this Section by the agency charged with
2administering that provision, except that the 24-month
3limitation on the adoption of emergency rules and the
4provisions of Sections 5-115 and 5-125 do not apply to rules
5adopted under this subsection (j). The Department of Public Aid
6may also adopt rules under this subsection (j) necessary to
7administer the Illinois Public Aid Code and the Children's
8Health Insurance Program Act. The adoption of emergency rules
9authorized by this subsection (j) shall be deemed to be
10necessary for the public interest, safety, and welfare.
11    (k) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132006 budget, emergency rules to implement any provision of
14Public Act 94-48 or any other budget initiative for fiscal year
152006 may be adopted in accordance with this Section by the
16agency charged with administering that provision or
17initiative, except that the 24-month limitation on the adoption
18of emergency rules and the provisions of Sections 5-115 and
195-125 do not apply to rules adopted under this subsection (k).
20The Department of Healthcare and Family Services may also adopt
21rules under this subsection (k) necessary to administer the
22Illinois Public Aid Code, the Senior Citizens and Persons with
23Disabilities Property Tax Relief Act, the Senior Citizens and
24Disabled Persons Prescription Drug Discount Program Act (now
25the Illinois Prescription Drug Discount Program Act), and the
26Children's Health Insurance Program Act. The adoption of

 

 

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1emergency rules authorized by this subsection (k) shall be
2deemed to be necessary for the public interest, safety, and
3welfare.
4    (l) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62007 budget, the Department of Healthcare and Family Services
7may adopt emergency rules during fiscal year 2007, including
8rules effective July 1, 2007, in accordance with this
9subsection to the extent necessary to administer the
10Department's responsibilities with respect to amendments to
11the State plans and Illinois waivers approved by the federal
12Centers for Medicare and Medicaid Services necessitated by the
13requirements of Title XIX and Title XXI of the federal Social
14Security Act. The adoption of emergency rules authorized by
15this subsection (l) shall be deemed to be necessary for the
16public interest, safety, and welfare.
17    (m) In order to provide for the expeditious and timely
18implementation of the provisions of the State's fiscal year
192008 budget, the Department of Healthcare and Family Services
20may adopt emergency rules during fiscal year 2008, including
21rules effective July 1, 2008, in accordance with this
22subsection to the extent necessary to administer the
23Department's responsibilities with respect to amendments to
24the State plans and Illinois waivers approved by the federal
25Centers for Medicare and Medicaid Services necessitated by the
26requirements of Title XIX and Title XXI of the federal Social

 

 

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1Security Act. The adoption of emergency rules authorized by
2this subsection (m) shall be deemed to be necessary for the
3public interest, safety, and welfare.
4    (n) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62010 budget, emergency rules to implement any provision of
7Public Act 96-45 or any other budget initiative authorized by
8the 96th General Assembly for fiscal year 2010 may be adopted
9in accordance with this Section by the agency charged with
10administering that provision or initiative. The adoption of
11emergency rules authorized by this subsection (n) shall be
12deemed to be necessary for the public interest, safety, and
13welfare. The rulemaking authority granted in this subsection
14(n) shall apply only to rules promulgated during Fiscal Year
152010.
16    (o) In order to provide for the expeditious and timely
17implementation of the provisions of the State's fiscal year
182011 budget, emergency rules to implement any provision of
19Public Act 96-958 or any other budget initiative authorized by
20the 96th General Assembly for fiscal year 2011 may be adopted
21in accordance with this Section by the agency charged with
22administering that provision or initiative. The adoption of
23emergency rules authorized by this subsection (o) is deemed to
24be necessary for the public interest, safety, and welfare. The
25rulemaking authority granted in this subsection (o) applies
26only to rules promulgated on or after July 1, 2010 (the

 

 

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1effective date of Public Act 96-958) through June 30, 2011.
2    (p) In order to provide for the expeditious and timely
3implementation of the provisions of Public Act 97-689,
4emergency rules to implement any provision of Public Act 97-689
5may be adopted in accordance with this subsection (p) by the
6agency charged with administering that provision or
7initiative. The 150-day limitation of the effective period of
8emergency rules does not apply to rules adopted under this
9subsection (p), and the effective period may continue through
10June 30, 2013. The 24-month limitation on the adoption of
11emergency rules does not apply to rules adopted under this
12subsection (p). The adoption of emergency rules authorized by
13this subsection (p) is deemed to be necessary for the public
14interest, safety, and welfare.
15    (q) In order to provide for the expeditious and timely
16implementation of the provisions of Articles 7, 8, 9, 11, and
1712 of Public Act 98-104, emergency rules to implement any
18provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
19may be adopted in accordance with this subsection (q) by the
20agency charged with administering that provision or
21initiative. The 24-month limitation on the adoption of
22emergency rules does not apply to rules adopted under this
23subsection (q). The adoption of emergency rules authorized by
24this subsection (q) is deemed to be necessary for the public
25interest, safety, and welfare.
26    (r) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of Public Act 98-651,
2emergency rules to implement Public Act 98-651 may be adopted
3in accordance with this subsection (r) by the Department of
4Healthcare and Family Services. The 24-month limitation on the
5adoption of emergency rules does not apply to rules adopted
6under this subsection (r). The adoption of emergency rules
7authorized by this subsection (r) is deemed to be necessary for
8the public interest, safety, and welfare.
9    (s) In order to provide for the expeditious and timely
10implementation of the provisions of Sections 5-5b.1 and 5A-2 of
11the Illinois Public Aid Code, emergency rules to implement any
12provision of Section 5-5b.1 or Section 5A-2 of the Illinois
13Public Aid Code may be adopted in accordance with this
14subsection (s) by the Department of Healthcare and Family
15Services. The rulemaking authority granted in this subsection
16(s) shall apply only to those rules adopted prior to July 1,
172015. Notwithstanding any other provision of this Section, any
18emergency rule adopted under this subsection (s) shall only
19apply to payments made for State fiscal year 2015. The adoption
20of emergency rules authorized by this subsection (s) is deemed
21to be necessary for the public interest, safety, and welfare.
22    (t) In order to provide for the expeditious and timely
23implementation of the provisions of Article II of Public Act
2499-6, emergency rules to implement the changes made by Article
25II of Public Act 99-6 to the Emergency Telephone System Act may
26be adopted in accordance with this subsection (t) by the

 

 

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1Department of State Police. The rulemaking authority granted in
2this subsection (t) shall apply only to those rules adopted
3prior to July 1, 2016. The 24-month limitation on the adoption
4of emergency rules does not apply to rules adopted under this
5subsection (t). The adoption of emergency rules authorized by
6this subsection (t) is deemed to be necessary for the public
7interest, safety, and welfare.
8    (u) In order to provide for the expeditious and timely
9implementation of the provisions of the Burn Victims Relief
10Act, emergency rules to implement any provision of the Act may
11be adopted in accordance with this subsection (u) by the
12Department of Insurance. The rulemaking authority granted in
13this subsection (u) shall apply only to those rules adopted
14prior to December 31, 2015. The adoption of emergency rules
15authorized by this subsection (u) is deemed to be necessary for
16the public interest, safety, and welfare.
17    (v) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 99-516 this
19amendatory Act of the 99th General Assembly, emergency rules to
20implement Public Act 99-516 this amendatory Act of the 99th
21General Assembly may be adopted in accordance with this
22subsection (v) by the Department of Healthcare and Family
23Services. The 24-month limitation on the adoption of emergency
24rules does not apply to rules adopted under this subsection
25(v). The adoption of emergency rules authorized by this
26subsection (v) is deemed to be necessary for the public

 

 

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1interest, safety, and welfare.
2    (w) (v) In order to provide for the expeditious and timely
3implementation of the provisions of Public Act 99-796 this
4amendatory Act of the 99th General Assembly, emergency rules to
5implement the changes made by Public Act 99-796 this amendatory
6Act of the 99th General Assembly may be adopted in accordance
7with this subsection (w) (v) by the Adjutant General. The
8adoption of emergency rules authorized by this subsection (w)
9(v) is deemed to be necessary for the public interest, safety,
10and welfare.
11    (y) In order to provide for the expeditious and timely
12implementation of the provisions of the State's budget for
13medical assistance under Title XIX or XXI of the federal Social
14Security Act, emergency rules to implement any provision of
15this amendatory Act of the 100th General Assembly may be
16adopted in accordance with this Section by each agency as
17defined in the Budget Management and Control Act. The adoption
18of emergency rules authorized by this subsection (y) shall be
19deemed to be necessary for the public interest, safety, and
20welfare.
21(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
2298-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
2399-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
246-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised
259-21-16.)
 

 

 

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1    (Text of Section after amendment by P.A. 99-906)
2    Sec. 5-45. Emergency rulemaking.
3    (a) "Emergency" means the existence of any situation that
4any agency finds reasonably constitutes a threat to the public
5interest, safety, or welfare.
6    (b) If any agency finds that an emergency exists that
7requires adoption of a rule upon fewer days than is required by
8Section 5-40 and states in writing its reasons for that
9finding, the agency may adopt an emergency rule without prior
10notice or hearing upon filing a notice of emergency rulemaking
11with the Secretary of State under Section 5-70. The notice
12shall include the text of the emergency rule and shall be
13published in the Illinois Register. Consent orders or other
14court orders adopting settlements negotiated by an agency may
15be adopted under this Section. Subject to applicable
16constitutional or statutory provisions, an emergency rule
17becomes effective immediately upon filing under Section 5-65 or
18at a stated date less than 10 days thereafter. The agency's
19finding and a statement of the specific reasons for the finding
20shall be filed with the rule. The agency shall take reasonable
21and appropriate measures to make emergency rules known to the
22persons who may be affected by them.
23    (c) An emergency rule may be effective for a period of not
24longer than 150 days, but the agency's authority to adopt an
25identical rule under Section 5-40 is not precluded. No
26emergency rule may be adopted more than once in any 24-month

 

 

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1period, except that this limitation on the number of emergency
2rules that may be adopted in a 24-month period does not apply
3to (i) emergency rules that make additions to and deletions
4from the Drug Manual under Section 5-5.16 of the Illinois
5Public Aid Code or the generic drug formulary under Section
63.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
7emergency rules adopted by the Pollution Control Board before
8July 1, 1997 to implement portions of the Livestock Management
9Facilities Act, (iii) emergency rules adopted by the Illinois
10Department of Public Health under subsections (a) through (i)
11of Section 2 of the Department of Public Health Act when
12necessary to protect the public's health, (iv) emergency rules
13adopted pursuant to subsection (n) of this Section, (v)
14emergency rules adopted pursuant to subsection (o) of this
15Section, or (vi) emergency rules adopted pursuant to subsection
16(c-5) of this Section, or (vii) emergency rules adopted
17pursuant to subsection (y) of this Section. Two or more
18emergency rules having substantially the same purpose and
19effect shall be deemed to be a single rule for purposes of this
20Section.
21    (c-5) To facilitate the maintenance of the program of group
22health benefits provided to annuitants, survivors, and retired
23employees under the State Employees Group Insurance Act of
241971, rules to alter the contributions to be paid by the State,
25annuitants, survivors, retired employees, or any combination
26of those entities, for that program of group health benefits,

 

 

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1shall be adopted as emergency rules. The adoption of those
2rules shall be considered an emergency and necessary for the
3public interest, safety, and welfare.
4    (d) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 1999 budget,
6emergency rules to implement any provision of Public Act 90-587
7or 90-588 or any other budget initiative for fiscal year 1999
8may be adopted in accordance with this Section by the agency
9charged with administering that provision or initiative,
10except that the 24-month limitation on the adoption of
11emergency rules and the provisions of Sections 5-115 and 5-125
12do not apply to rules adopted under this subsection (d). The
13adoption of emergency rules authorized by this subsection (d)
14shall be deemed to be necessary for the public interest,
15safety, and welfare.
16    (e) In order to provide for the expeditious and timely
17implementation of the State's fiscal year 2000 budget,
18emergency rules to implement any provision of Public Act 91-24
19or any other budget initiative for fiscal year 2000 may be
20adopted in accordance with this Section by the agency charged
21with administering that provision or initiative, except that
22the 24-month limitation on the adoption of emergency rules and
23the provisions of Sections 5-115 and 5-125 do not apply to
24rules adopted under this subsection (e). The adoption of
25emergency rules authorized by this subsection (e) shall be
26deemed to be necessary for the public interest, safety, and

 

 

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1welfare.
2    (f) In order to provide for the expeditious and timely
3implementation of the State's fiscal year 2001 budget,
4emergency rules to implement any provision of Public Act 91-712
5or any other budget initiative for fiscal year 2001 may be
6adopted in accordance with this Section by the agency charged
7with administering that provision or initiative, except that
8the 24-month limitation on the adoption of emergency rules and
9the provisions of Sections 5-115 and 5-125 do not apply to
10rules adopted under this subsection (f). The adoption of
11emergency rules authorized by this subsection (f) shall be
12deemed to be necessary for the public interest, safety, and
13welfare.
14    (g) In order to provide for the expeditious and timely
15implementation of the State's fiscal year 2002 budget,
16emergency rules to implement any provision of Public Act 92-10
17or any other budget initiative for fiscal year 2002 may be
18adopted in accordance with this Section by the agency charged
19with administering that provision or initiative, except that
20the 24-month limitation on the adoption of emergency rules and
21the provisions of Sections 5-115 and 5-125 do not apply to
22rules adopted under this subsection (g). The adoption of
23emergency rules authorized by this subsection (g) shall be
24deemed to be necessary for the public interest, safety, and
25welfare.
26    (h) In order to provide for the expeditious and timely

 

 

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1implementation of the State's fiscal year 2003 budget,
2emergency rules to implement any provision of Public Act 92-597
3or any other budget initiative for fiscal year 2003 may be
4adopted in accordance with this Section by the agency charged
5with administering that provision or initiative, except that
6the 24-month limitation on the adoption of emergency rules and
7the provisions of Sections 5-115 and 5-125 do not apply to
8rules adopted under this subsection (h). The adoption of
9emergency rules authorized by this subsection (h) shall be
10deemed to be necessary for the public interest, safety, and
11welfare.
12    (i) In order to provide for the expeditious and timely
13implementation of the State's fiscal year 2004 budget,
14emergency rules to implement any provision of Public Act 93-20
15or any other budget initiative for fiscal year 2004 may be
16adopted in accordance with this Section by the agency charged
17with administering that provision or initiative, except that
18the 24-month limitation on the adoption of emergency rules and
19the provisions of Sections 5-115 and 5-125 do not apply to
20rules adopted under this subsection (i). The adoption of
21emergency rules authorized by this subsection (i) shall be
22deemed to be necessary for the public interest, safety, and
23welfare.
24    (j) In order to provide for the expeditious and timely
25implementation of the provisions of the State's fiscal year
262005 budget as provided under the Fiscal Year 2005 Budget

 

 

SB2178- 22 -LRB100 12109 JWD 24388 b

1Implementation (Human Services) Act, emergency rules to
2implement any provision of the Fiscal Year 2005 Budget
3Implementation (Human Services) Act may be adopted in
4accordance with this Section by the agency charged with
5administering that provision, except that the 24-month
6limitation on the adoption of emergency rules and the
7provisions of Sections 5-115 and 5-125 do not apply to rules
8adopted under this subsection (j). The Department of Public Aid
9may also adopt rules under this subsection (j) necessary to
10administer the Illinois Public Aid Code and the Children's
11Health Insurance Program Act. The adoption of emergency rules
12authorized by this subsection (j) shall be deemed to be
13necessary for the public interest, safety, and welfare.
14    (k) In order to provide for the expeditious and timely
15implementation of the provisions of the State's fiscal year
162006 budget, emergency rules to implement any provision of
17Public Act 94-48 or any other budget initiative for fiscal year
182006 may be adopted in accordance with this Section by the
19agency charged with administering that provision or
20initiative, except that the 24-month limitation on the adoption
21of emergency rules and the provisions of Sections 5-115 and
225-125 do not apply to rules adopted under this subsection (k).
23The Department of Healthcare and Family Services may also adopt
24rules under this subsection (k) necessary to administer the
25Illinois Public Aid Code, the Senior Citizens and Persons with
26Disabilities Property Tax Relief Act, the Senior Citizens and

 

 

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1Disabled Persons Prescription Drug Discount Program Act (now
2the Illinois Prescription Drug Discount Program Act), and the
3Children's Health Insurance Program Act. The adoption of
4emergency rules authorized by this subsection (k) shall be
5deemed to be necessary for the public interest, safety, and
6welfare.
7    (l) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92007 budget, the Department of Healthcare and Family Services
10may adopt emergency rules during fiscal year 2007, including
11rules effective July 1, 2007, in accordance with this
12subsection to the extent necessary to administer the
13Department's responsibilities with respect to amendments to
14the State plans and Illinois waivers approved by the federal
15Centers for Medicare and Medicaid Services necessitated by the
16requirements of Title XIX and Title XXI of the federal Social
17Security Act. The adoption of emergency rules authorized by
18this subsection (l) shall be deemed to be necessary for the
19public interest, safety, and welfare.
20    (m) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222008 budget, the Department of Healthcare and Family Services
23may adopt emergency rules during fiscal year 2008, including
24rules effective July 1, 2008, in accordance with this
25subsection to the extent necessary to administer the
26Department's responsibilities with respect to amendments to

 

 

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1the State plans and Illinois waivers approved by the federal
2Centers for Medicare and Medicaid Services necessitated by the
3requirements of Title XIX and Title XXI of the federal Social
4Security Act. The adoption of emergency rules authorized by
5this subsection (m) shall be deemed to be necessary for the
6public interest, safety, and welfare.
7    (n) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92010 budget, emergency rules to implement any provision of
10Public Act 96-45 or any other budget initiative authorized by
11the 96th General Assembly for fiscal year 2010 may be adopted
12in accordance with this Section by the agency charged with
13administering that provision or initiative. The adoption of
14emergency rules authorized by this subsection (n) shall be
15deemed to be necessary for the public interest, safety, and
16welfare. The rulemaking authority granted in this subsection
17(n) shall apply only to rules promulgated during Fiscal Year
182010.
19    (o) In order to provide for the expeditious and timely
20implementation of the provisions of the State's fiscal year
212011 budget, emergency rules to implement any provision of
22Public Act 96-958 or any other budget initiative authorized by
23the 96th General Assembly for fiscal year 2011 may be adopted
24in accordance with this Section by the agency charged with
25administering that provision or initiative. The adoption of
26emergency rules authorized by this subsection (o) is deemed to

 

 

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1be necessary for the public interest, safety, and welfare. The
2rulemaking authority granted in this subsection (o) applies
3only to rules promulgated on or after July 1, 2010 (the
4effective date of Public Act 96-958) through June 30, 2011.
5    (p) In order to provide for the expeditious and timely
6implementation of the provisions of Public Act 97-689,
7emergency rules to implement any provision of Public Act 97-689
8may be adopted in accordance with this subsection (p) by the
9agency charged with administering that provision or
10initiative. The 150-day limitation of the effective period of
11emergency rules does not apply to rules adopted under this
12subsection (p), and the effective period may continue through
13June 30, 2013. The 24-month limitation on the adoption of
14emergency rules does not apply to rules adopted under this
15subsection (p). The adoption of emergency rules authorized by
16this subsection (p) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (q) In order to provide for the expeditious and timely
19implementation of the provisions of Articles 7, 8, 9, 11, and
2012 of Public Act 98-104, emergency rules to implement any
21provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
22may be adopted in accordance with this subsection (q) by the
23agency charged with administering that provision or
24initiative. The 24-month limitation on the adoption of
25emergency rules does not apply to rules adopted under this
26subsection (q). The adoption of emergency rules authorized by

 

 

SB2178- 26 -LRB100 12109 JWD 24388 b

1this subsection (q) is deemed to be necessary for the public
2interest, safety, and welfare.
3    (r) In order to provide for the expeditious and timely
4implementation of the provisions of Public Act 98-651,
5emergency rules to implement Public Act 98-651 may be adopted
6in accordance with this subsection (r) by the Department of
7Healthcare and Family Services. The 24-month limitation on the
8adoption of emergency rules does not apply to rules adopted
9under this subsection (r). The adoption of emergency rules
10authorized by this subsection (r) is deemed to be necessary for
11the public interest, safety, and welfare.
12    (s) In order to provide for the expeditious and timely
13implementation of the provisions of Sections 5-5b.1 and 5A-2 of
14the Illinois Public Aid Code, emergency rules to implement any
15provision of Section 5-5b.1 or Section 5A-2 of the Illinois
16Public Aid Code may be adopted in accordance with this
17subsection (s) by the Department of Healthcare and Family
18Services. The rulemaking authority granted in this subsection
19(s) shall apply only to those rules adopted prior to July 1,
202015. Notwithstanding any other provision of this Section, any
21emergency rule adopted under this subsection (s) shall only
22apply to payments made for State fiscal year 2015. The adoption
23of emergency rules authorized by this subsection (s) is deemed
24to be necessary for the public interest, safety, and welfare.
25    (t) In order to provide for the expeditious and timely
26implementation of the provisions of Article II of Public Act

 

 

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199-6, emergency rules to implement the changes made by Article
2II of Public Act 99-6 to the Emergency Telephone System Act may
3be adopted in accordance with this subsection (t) by the
4Department of State Police. The rulemaking authority granted in
5this subsection (t) shall apply only to those rules adopted
6prior to July 1, 2016. The 24-month limitation on the adoption
7of emergency rules does not apply to rules adopted under this
8subsection (t). The adoption of emergency rules authorized by
9this subsection (t) is deemed to be necessary for the public
10interest, safety, and welfare.
11    (u) In order to provide for the expeditious and timely
12implementation of the provisions of the Burn Victims Relief
13Act, emergency rules to implement any provision of the Act may
14be adopted in accordance with this subsection (u) by the
15Department of Insurance. The rulemaking authority granted in
16this subsection (u) shall apply only to those rules adopted
17prior to December 31, 2015. The adoption of emergency rules
18authorized by this subsection (u) is deemed to be necessary for
19the public interest, safety, and welfare.
20    (v) In order to provide for the expeditious and timely
21implementation of the provisions of Public Act 99-516,
22emergency rules to implement Public Act 99-516 may be adopted
23in accordance with this subsection (v) by the Department of
24Healthcare and Family Services. The 24-month limitation on the
25adoption of emergency rules does not apply to rules adopted
26under this subsection (v). The adoption of emergency rules

 

 

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1authorized by this subsection (v) is deemed to be necessary for
2the public interest, safety, and welfare.
3    (w) In order to provide for the expeditious and timely
4implementation of the provisions of Public Act 99-796,
5emergency rules to implement the changes made by Public Act
699-796 may be adopted in accordance with this subsection (w) by
7the Adjutant General. The adoption of emergency rules
8authorized by this subsection (w) is deemed to be necessary for
9the public interest, safety, and welfare.
10    (x) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 99-906 this
12amendatory Act of the 99th General Assembly, emergency rules to
13implement subsection (i) of Section 16-115D, subsection (g) of
14Section 16-128A, and subsection (a) of Section 16-128B of the
15Public Utilities Act may be adopted in accordance with this
16subsection (x) by the Illinois Commerce Commission. The
17rulemaking authority granted in this subsection (x) shall apply
18only to those rules adopted within 180 days after June 1, 2017
19(the effective date of Public Act 99-906) this amendatory Act
20of the 99th General Assembly. The adoption of emergency rules
21authorized by this subsection (x) is deemed to be necessary for
22the public interest, safety, and welfare.
23    (y) In order to provide for the expeditious and timely
24implementation of the provisions of the State's budget for
25medical assistance under Title XIX or XXI of the federal Social
26Security Act, emergency rules to implement any provision of

 

 

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1this amendatory Act of the 100th General Assembly may be
2adopted in accordance with this Section by each agency as
3defined in the Budget Management and Control Act. The adoption
4of emergency rules authorized by this subsection (y) shall be
5deemed to be necessary for the public interest, safety, and
6welfare.
7(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
898-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
999-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
106-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906,
11eff. 6-1-17; revised 1-1-17.)
 
12    Section 110. The Illinois Public Labor Relations Act is
13amended by changing Sections 4 and 7 as follows:
 
14    (5 ILCS 315/4)  (from Ch. 48, par. 1604)
15    (Text of Section WITH the changes made by P.A. 98-599,
16which has been held unconstitutional)
17    Sec. 4. Management Rights. Employers shall not be required
18to bargain over matters of inherent managerial policy, which
19shall include such areas of discretion or policy as the
20functions of the employer, standards of services, its overall
21budget, the organizational structure and selection of new
22employees, examination techniques and direction of employees.
23Employers, however, shall be required to bargain collectively
24with regard to policy matters directly affecting wages, hours

 

 

SB2178- 30 -LRB100 12109 JWD 24388 b

1and terms and conditions of employment as well as the impact
2thereon upon request by employee representatives, except as
3provided in Section 7.5.
4    To preserve the rights of employers and exclusive
5representatives which have established collective bargaining
6relationships or negotiated collective bargaining agreements
7prior to the effective date of this Act, employers shall be
8required to bargain collectively with regard to any matter
9concerning wages, hours or conditions of employment about which
10they have bargained for and agreed to in a collective
11bargaining agreement prior to the effective date of this Act,
12except as provided in Section 7.5.
13    The chief judge of the judicial circuit that employs a
14public employee who is a court reporter, as defined in the
15Court Reporters Act, has the authority to hire, appoint,
16promote, evaluate, discipline, and discharge court reporters
17within that judicial circuit.
18    Nothing in this amendatory Act of the 94th General Assembly
19shall be construed to intrude upon the judicial functions of
20any court. This amendatory Act of the 94th General Assembly
21applies only to nonjudicial administrative matters relating to
22the collective bargaining rights of court reporters.
23    Only with respect to the State of Illinois as a public
24employer, the design, implementation, and administration of
25health insurance plans wherein the combination of employee
26premiums and out-of-pocket costs for such plans do not exceed

 

 

SB2178- 31 -LRB100 12109 JWD 24388 b

140% of total active employee healthcare costs, in aggregate, as
2determined by actuaries contracted by the State, is an inherent
3management right, and shall not be the subject of negotiations
4between the State of Illinois as a public employer and any
5exclusive representative of public employees. The State of
6Illinois may elect to negotiate over other health insurance
7plans, but permissive negotiations over such matters shall not
8impair or impact the State's ability to design, implement, or
9administer the health insurance plan identified in this
10paragraph of Section 4 of this Act as amended by this
11Amendatory Act of 100th General Assembly.
12(Source: P.A. 98-599, eff. 6-1-14.)
 
13    (Text of Section WITHOUT the changes made by P.A. 98-599,
14which has been held unconstitutional)
15    Sec. 4. Management Rights. Employers shall not be required
16to bargain over matters of inherent managerial policy, which
17shall include such areas of discretion or policy as the
18functions of the employer, standards of services, its overall
19budget, the organizational structure and selection of new
20employees, examination techniques and direction of employees.
21Employers, however, shall be required to bargain collectively
22with regard to policy matters directly affecting wages, hours
23and terms and conditions of employment as well as the impact
24thereon upon request by employee representatives.
25    To preserve the rights of employers and exclusive

 

 

SB2178- 32 -LRB100 12109 JWD 24388 b

1representatives which have established collective bargaining
2relationships or negotiated collective bargaining agreements
3prior to the effective date of this Act, employers shall be
4required to bargain collectively with regard to any matter
5concerning wages, hours or conditions of employment about which
6they have bargained for and agreed to in a collective
7bargaining agreement prior to the effective date of this Act.
8    The chief judge of the judicial circuit that employs a
9public employee who is a court reporter, as defined in the
10Court Reporters Act, has the authority to hire, appoint,
11promote, evaluate, discipline, and discharge court reporters
12within that judicial circuit.
13    Nothing in this amendatory Act of the 94th General Assembly
14shall be construed to intrude upon the judicial functions of
15any court. This amendatory Act of the 94th General Assembly
16applies only to nonjudicial administrative matters relating to
17the collective bargaining rights of court reporters.
18    Only with respect to the State of Illinois as a public
19employer, the design, implementation, and administration of
20health insurance plans wherein the combination of employee
21premiums and out-of-pocket costs for such plans do not exceed
2240% of total active employee healthcare costs, in aggregate, as
23determined by actuaries contracted by the State, is an inherent
24management right, and shall not be the subject of negotiations
25between the State of Illinois as a public employer and any
26exclusive representative of public employees. The State of

 

 

SB2178- 33 -LRB100 12109 JWD 24388 b

1Illinois may elect to negotiate over other health insurance
2plans, but permissive negotiations over such matters shall not
3impair or impact the State's ability to design, implement, or
4administer the health insurance plan identified in this
5paragraph of Section 4 of this Act as amended by this
6Amendatory Act of 100th General Assembly.
7(Source: P.A. 94-98, eff. 7-1-05.)
 
8    (5 ILCS 315/7)  (from Ch. 48, par. 1607)
9    Sec. 7. Duty to bargain. A public employer and the
10exclusive representative have the authority and the duty to
11bargain collectively set forth in this Section.
12    For the purposes of this Act, "to bargain collectively"
13means the performance of the mutual obligation of the public
14employer or his designated representative and the
15representative of the public employees to meet at reasonable
16times, including meetings in advance of the budget-making
17process, and to negotiate in good faith with respect to wages,
18hours, and other conditions of employment, not excluded by
19Section 4 of this Act, or the negotiation of an agreement, or
20any question arising thereunder and the execution of a written
21contract incorporating any agreement reached if requested by
22either party, but such obligation does not compel either party
23to agree to a proposal or require the making of a concession.
24    The duty "to bargain collectively" shall also include an
25obligation to negotiate over any matter with respect to wages,

 

 

SB2178- 34 -LRB100 12109 JWD 24388 b

1hours and other conditions of employment, not specifically
2provided for in any other law or not specifically in violation
3of the provisions of any law. If any other law pertains, in
4part, to a matter affecting the wages, hours and other
5conditions of employment, such other law shall not be construed
6as limiting the duty "to bargain collectively" and to enter
7into collective bargaining agreements containing clauses which
8either supplement, implement, or relate to the effect of such
9provisions in other laws.
10    The duty "to bargain collectively" shall also include
11negotiations as to the terms of a collective bargaining
12agreement. The parties may, by mutual agreement, provide for
13arbitration of impasses resulting from their inability to agree
14upon wages, hours and terms and conditions of employment to be
15included in a collective bargaining agreement. Such
16arbitration provisions shall be subject to the Illinois
17"Uniform Arbitration Act" unless agreed by the parties.
18    The duty "to bargain collectively" shall also mean that no
19party to a collective bargaining contract shall terminate or
20modify such contract, unless the party desiring such
21termination or modification:
22        (1) serves a written notice upon the other party to the
23    contract of the proposed termination or modification 60
24    days prior to the expiration date thereof, or in the event
25    such contract contains no expiration date, 60 days prior to
26    the time it is proposed to make such termination or

 

 

SB2178- 35 -LRB100 12109 JWD 24388 b

1    modification;
2        (2) offers to meet and confer with the other party for
3    the purpose of negotiating a new contract or a contract
4    containing the proposed modifications;
5        (3) notifies the Board within 30 days after such notice
6    of the existence of a dispute, provided no agreement has
7    been reached by that time; and
8        (4) continues in full force and effect, without
9    resorting to strike or lockout, all the terms and
10    conditions of the existing contract for a period of 60 days
11    after such notice is given to the other party or until the
12    expiration date of such contract, whichever occurs later.
13    The duties imposed upon employers, employees and labor
14organizations by paragraphs (2), (3) and (4) shall become
15inapplicable upon an intervening certification of the Board,
16under which the labor organization, which is a party to the
17contract, has been superseded as or ceased to be the exclusive
18representative of the employees pursuant to the provisions of
19subsection (a) of Section 9, and the duties so imposed shall
20not be construed as requiring either party to discuss or agree
21to any modification of the terms and conditions contained in a
22contract for a fixed period, if such modification is to become
23effective before such terms and conditions can be reopened
24under the provisions of the contract.
25    Collective bargaining for home care and home health workers
26who function as personal assistants and individual maintenance

 

 

SB2178- 36 -LRB100 12109 JWD 24388 b

1home health workers under the Home Services Program shall be
2limited to the terms and conditions of employment under the
3State's control, as defined in Public Act 93-204 or this
4amendatory Act of the 97th General Assembly, as applicable.
5    Collective bargaining for child and day care home providers
6under the child care assistance program shall be limited to the
7terms and conditions of employment under the State's control,
8as defined in this amendatory Act of the 94th General Assembly.
9    Notwithstanding any other provision of this Section,
10whenever collective bargaining is for the purpose of
11establishing an initial agreement following original
12certification of units with fewer than 35 employees, with
13respect to public employees other than peace officers, fire
14fighters, and security employees, the following apply:
15        (1) Not later than 10 days after receiving a written
16    request for collective bargaining from a labor
17    organization that has been newly certified as a
18    representative as defined in Section 6(c), or within such
19    further period as the parties agree upon, the parties shall
20    meet and commence to bargain collectively and shall make
21    every reasonable effort to conclude and sign a collective
22    bargaining agreement.
23        (2) If anytime after the expiration of the 90-day
24    period beginning on the date on which bargaining is
25    commenced the parties have failed to reach an agreement,
26    either party may notify the Illinois Public Labor Relations

 

 

SB2178- 37 -LRB100 12109 JWD 24388 b

1    Board of the existence of a dispute and request mediation
2    in accordance with the provisions of Section 14 of this
3    Act.
4        (3) If after the expiration of the 30-day period
5    beginning on the date on which mediation commenced, or such
6    additional period as the parties may agree upon, the
7    mediator is not able to bring the parties to agreement by
8    conciliation, either the exclusive representative of the
9    employees or the employer may request of the other, in
10    writing, arbitration and shall submit a copy of the request
11    to the board. Upon submission of the request for
12    arbitration, the parties shall be required to participate
13    in the impasse arbitration procedures set forth in Section
14    14 of this Act, except the right to strike shall not be
15    considered waived pursuant to Section 17 of this Act, until
16    the actual convening of the arbitration hearing.
17        Only with respect to negotiations between the State of
18    Illinois as a public employer and an exclusive
19    representative, the duty "to bargain collectively" shall
20    not include any obligation to negotiate health insurance or
21    health benefits provided that the State of Illinois
22    provides its employees with a health insurance plan wherein
23    the combination of employee premiums and out-of-pocket
24    costs for such plan does not exceed 40% of total active
25    employee healthcare costs, in aggregate, as determined by
26    actuaries contracted by the State. The design of such plans

 

 

SB2178- 38 -LRB100 12109 JWD 24388 b

1    shall be at the discretion of the State of Illinois.
2    Bargaining for other plan designs is permissive, and
3    negotiations over such other plan designs, or the
4    provisions of Section 14 of this Act, shall not impair the
5    State's ability to design, implement, or administer the
6    health insurance plan identified in this paragraph of
7    Section 7 as amended by this amendatory act of the 100th
8    General Assembly.
9(Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
 
10    Section 115. The State Employees Group Insurance Act of
111971 is amended by changing Section 6 as follows:
 
12    (5 ILCS 375/6)  (from Ch. 127, par. 526)
13    Sec. 6. Program of health benefits.
14    (a) The program of health benefits shall provide for
15protection against the financial costs of health care expenses
16incurred in and out of hospital including basic
17hospital-surgical-medical coverages. The program may include,
18but shall not be limited to, such supplemental coverages as
19out-patient diagnostic X-ray and laboratory expenses,
20prescription drugs, dental services, hearing evaluations,
21hearing aids, the dispensing and fitting of hearing aids, and
22similar group benefits as are now or may become available.
23However, nothing in this Act shall be construed to permit, on
24or after July 1, 1980, the non-contributory portion of any such

 

 

SB2178- 39 -LRB100 12109 JWD 24388 b

1program to include the expenses of obtaining an abortion,
2induced miscarriage or induced premature birth unless, in the
3opinion of a physician, such procedures are necessary for the
4preservation of the life of the woman seeking such treatment,
5or except an induced premature birth intended to produce a live
6viable child and such procedure is necessary for the health of
7the mother or the unborn child. The program may also include
8coverage for those who rely on treatment by prayer or spiritual
9means alone for healing in accordance with the tenets and
10practice of a recognized religious denomination.
11    The program of health benefits shall be designed by the
12Director (1) to provide a reasonable relationship between the
13benefits to be included and the expected distribution of
14expenses of each such type to be incurred by the covered
15members and dependents, (2) to specify, as covered benefits and
16as optional benefits, the medical services of practitioners in
17all categories licensed under the Medical Practice Act of 1987,
18(3) to include reasonable controls, which may include
19deductible and co-insurance provisions, applicable to some or
20all of the benefits, or a coordination of benefits provision,
21to prevent or minimize unnecessary utilization of the various
22hospital, surgical and medical expenses to be provided and to
23provide reasonable assurance of stability of the program, and
24(4) to provide benefits to the extent possible to members
25throughout the State, wherever located, on an equitable basis.
26The design of such benefits shall be made by the Director based

 

 

SB2178- 40 -LRB100 12109 JWD 24388 b

1on these considerations. Although the Director shall have the
2sole authority to determine the specific design of such
3benefits, the State and various employee unions shall bargain
4over the level of premium contributions for such plans.
5Notwithstanding any other provision of this Section or Act, for
6all members or dependents who are eligible for benefits under
7Social Security or the Railroad Retirement system or who had
8sufficient Medicare-covered government employment, the
9Department shall reduce benefits which would otherwise be paid
10by Medicare, by the amount of benefits for which the member or
11dependents are eligible under Medicare, except that such
12reduction in benefits shall apply only to those members or
13dependents who (1) first become eligible for such medicare
14coverage on or after the effective date of this amendatory Act
15of 1992; or (2) are Medicare-eligible members or dependents of
16a local government unit which began participation in the
17program on or after July 1, 1992; or (3) remain eligible for
18but no longer receive Medicare coverage which they had been
19receiving on or after the effective date of this amendatory Act
20of 1992.
21    Notwithstanding any other provisions of this Act, where a
22covered member or dependents are eligible for benefits under
23the federal Medicare health insurance program (Title XVIII of
24the Social Security Act as added by Public Law 89-97, 89th
25Congress), benefits paid under the State of Illinois program or
26plan will be reduced by the amount of benefits paid by

 

 

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1Medicare. For members or dependents who are eligible for
2benefits under Social Security or the Railroad Retirement
3system or who had sufficient Medicare-covered government
4employment, benefits shall be reduced by the amount for which
5the member or dependent is eligible under Medicare, except that
6such reduction in benefits shall apply only to those members or
7dependents who (1) first become eligible for such Medicare
8coverage on or after the effective date of this amendatory Act
9of 1992; or (2) are Medicare-eligible members or dependents of
10a local government unit which began participation in the
11program on or after July 1, 1992; or (3) remain eligible for,
12but no longer receive Medicare coverage which they had been
13receiving on or after the effective date of this amendatory Act
14of 1992. Premiums may be adjusted, where applicable, to an
15amount deemed by the Director to be reasonably consistent with
16any reduction of benefits.
17    (b) A member, not otherwise covered by this Act, who has
18retired as a participating member under Article 2 of the
19Illinois Pension Code but is ineligible for the retirement
20annuity under Section 2-119 of the Illinois Pension Code, shall
21pay the premiums for coverage, not exceeding the amount paid by
22the State for the non-contributory coverage for other members,
23under the group health benefits program under this Act. The
24Director shall determine the premiums to be paid by a member
25under this subsection (b).
26(Source: P.A. 93-47, eff. 7-1-03.)
 

 

 

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1    Section 120. The Illinois Public Aid Code is amended by
2changing Section 5A-10 as follows:
 
3    (305 ILCS 5/5A-10)  (from Ch. 23, par. 5A-10)
4    Sec. 5A-10. Applicability.
5    (a) The assessment imposed by subsection (a) of Section
65A-2 shall cease to be imposed and the Department's obligation
7to make payments shall immediately cease, and any moneys
8remaining in the Fund shall be refunded to hospital providers
9in proportion to the amounts paid by them, if:
10        (1) The payments to hospitals required under this
11    Article are not eligible for federal matching funds under
12    Title XIX or XXI of the Social Security Act;
13        (2) For State fiscal years 2009 through 2018, the
14    Department of Healthcare and Family Services adopts any
15    administrative rule change to reduce payment rates or
16    alters any payment methodology that reduces any payment
17    rates made to operating hospitals under the approved Title
18    XIX or Title XXI State plan in effect January 1, 2008
19    except for:
20            (A) any changes for hospitals described in
21        subsection (b) of Section 5A-3;
22            (B) any rates for payments made under this Article
23        V-A;
24            (C) any changes proposed in State plan amendment

 

 

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1        transmittal numbers 08-01, 08-02, 08-04, 08-06, and
2        08-07;
3            (D) in relation to any admissions on or after
4        January 1, 2011, a modification in the methodology for
5        calculating outlier payments to hospitals for
6        exceptionally costly stays, for hospitals reimbursed
7        under the diagnosis-related grouping methodology in
8        effect on July 1, 2011; provided that the Department
9        shall be limited to one such modification during the
10        36-month period after the effective date of this
11        amendatory Act of the 96th General Assembly;
12            (E) any changes affecting hospitals authorized by
13        Public Act 97-689;
14            (F) any changes authorized by Section 14-12 of this
15        Code, or for any changes authorized under Section 5A-15
16        of this Code; or
17            (G) any changes authorized under Section 5-5b.1;
18        or .
19            (H) any changes authorized under the Budget
20        Management and Control Act.
21    (b) The assessment imposed by Section 5A-2 shall not take
22effect or shall cease to be imposed, and the Department's
23obligation to make payments shall immediately cease, if the
24assessment is determined to be an impermissible tax under Title
25XIX of the Social Security Act. Moneys in the Hospital Provider
26Fund derived from assessments imposed prior thereto shall be

 

 

SB2178- 44 -LRB100 12109 JWD 24388 b

1disbursed in accordance with Section 5A-8 to the extent federal
2financial participation is not reduced due to the
3impermissibility of the assessments, and any remaining moneys
4shall be refunded to hospital providers in proportion to the
5amounts paid by them.
6    (c) The assessments imposed by subsection (b-5) of Section
75A-2 shall not take effect or shall cease to be imposed, the
8Department's obligation to make payments shall immediately
9cease, and any moneys remaining in the Fund shall be refunded
10to hospital providers in proportion to the amounts paid by
11them, if the payments to hospitals required under Section
125A-12.4 are not eligible for federal matching funds under Title
13XIX of the Social Security Act.
14    (d) The assessments imposed by Section 5A-2 shall not take
15effect or shall cease to be imposed, the Department's
16obligation to make payments shall immediately cease, and any
17moneys remaining in the Fund shall be refunded to hospital
18providers in proportion to the amounts paid by them, if:
19        (1) for State fiscal years 2013 through 2018, the
20    Department reduces any payment rates to hospitals as in
21    effect on May 1, 2012, or alters any payment methodology as
22    in effect on May 1, 2012, that has the effect of reducing
23    payment rates to hospitals, except for any changes
24    affecting hospitals authorized in Public Act 97-689 and any
25    changes authorized by Section 14-12 of this Code, and
26    except for any changes authorized under Section 5A-15, and

 

 

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1    except for any changes authorized under Section 5-5b.1, and
2    except for any changes authorized under the Budget
3    Management and Control Act;
4        (2) for State fiscal years 2013 through 2018, the
5    Department reduces any supplemental payments made to
6    hospitals below the amounts paid for services provided in
7    State fiscal year 2011 as implemented by administrative
8    rules adopted and in effect on or prior to June 30, 2011,
9    except for any changes affecting hospitals authorized in
10    Public Act 97-689 and any changes authorized by Section
11    14-12 of this Code, and except for any changes authorized
12    under Section 5A-15, and except for any changes authorized
13    under Section 5-5b.1, and except for any changes authorized
14    under the Budget Management and Control Act; or
15        (3) for State fiscal years 2015 through 2018, the
16    Department reduces the overall effective rate of
17    reimbursement to hospitals below the level authorized
18    under Section 14-12 of this Code, except for any changes
19    under Section 14-12 or Section 5A-15 of this Code, and
20    except for any changes authorized under Section 5-5b.1, and
21    except for any changes authorized under the Budget
22    Management and Control Act.
23(Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 99-2,
24eff. 3-26-15.)
 
25    Section 990. The State Mandates Act is amended by adding

 

 

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1Section 8.41 as follows:
 
2    (30 ILCS 805/8.41 new)
3    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
4of this Act, no reimbursement by the State is required for the
5implementation of any mandate created by this amendatory Act of
6the 100th General Assembly.
 
7    Section 995. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.
 
14    Section 999. Effective date. This Act takes effect upon
15becoming law.