Bill Text: IL HB6185 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that the appeal of a decision by the Workers' Compensation Commission on compensability of a State employee's claim for workers' compensation benefits may be made to the circuit court.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB6185 Detail]

Download: Illinois-2011-HB6185-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB6185 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED:
20 ILCS 405/405-105 was 20 ILCS 405/64.1
Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that the appeal of a decision by the Workers' Compensation Commission on compensability of a State employee's claim for workers' compensation benefits may be made to the circuit court.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
changing Section 405-105 as follows:
(20 ILCS 405/405-105) (was 20 ILCS 405/64.1)
Sec. 405-105. Fidelity, surety, property, and casualty
insurance. The Department shall establish and implement a
program to coordinate the handling of all fidelity, surety,
property, and casualty insurance exposures of the State and the
departments, divisions, agencies, branches, and universities
of the State. In performing this responsibility, the Department
shall have the power and duty to do the following:
(1) Develop and maintain loss and exposure data on all
State property.
(2) Study the feasibility of establishing a
self-insurance plan for State property and prepare
estimates of the costs of reinsurance for risks beyond the
realistic limits of the self-insurance.
(3) Prepare a plan for centralizing the purchase of
property and casualty insurance on State property under a
master policy or policies and purchase the insurance

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contracted for as provided in the Illinois Purchasing Act.
(4) Evaluate existing provisions for fidelity bonds
required of State employees and recommend changes that are
appropriate commensurate with risk experience and the
determinations respecting self-insurance or reinsurance so
as to permit reduction of costs without loss of coverage.
(5) Investigate procedures for inclusion of school
districts, public community college districts, and other
units of local government in programs for the centralized
purchase of insurance.
(6) Implement recommendations of the State Property
Insurance Study Commission that the Department finds
necessary or desirable in the performance of its powers and
duties under this Section to achieve efficient and
comprehensive risk management.
(7) Prepare and, in the discretion of the Director,
implement a plan providing for the purchase of public
liability insurance or for self-insurance for public
liability or for a combination of purchased insurance and
self-insurance for public liability (i) covering the State
and drivers of motor vehicles owned, leased, or controlled
by the State of Illinois pursuant to the provisions and
limitations contained in the Illinois Vehicle Code, (ii)
covering other public liability exposures of the State and
its employees within the scope of their employment, and
(iii) covering drivers of motor vehicles not owned, leased,

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or controlled by the State but used by a State employee on
State business, in excess of liability covered by an
insurance policy obtained by the owner of the motor vehicle
or in excess of the dollar amounts that the Department
shall determine to be reasonable. Any contract of insurance
let under this Law shall be by bid in accordance with the
procedure set forth in the Illinois Purchasing Act. Any
provisions for self-insurance shall conform to subdivision
(11).
The term "employee" as used in this subdivision (7) and
in subdivision (11) means a person while in the employ of
the State who is a member of the staff or personnel of a
State agency, bureau, board, commission, committee,
department, university, or college or who is a State
officer, elected official, commissioner, member of or ex
officio member of a State agency, bureau, board,
commission, committee, department, university, or college,
or a member of the National Guard while on active duty
pursuant to orders of the Governor of the State of
Illinois, or any other person while using a licensed motor
vehicle owned, leased, or controlled by the State of
Illinois with the authorization of the State of Illinois,
provided the actual use of the motor vehicle is within the
scope of that authorization and within the course of State
service.
Subsequent to payment of a claim on behalf of an

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employee pursuant to this Section and after reasonable
advance written notice to the employee, the Director may
exclude the employee from future coverage or limit the
coverage under the plan if (i) the Director determines that
the claim resulted from an incident in which the employee
was grossly negligent or had engaged in willful and wanton
misconduct or (ii) the Director determines that the
employee is no longer an acceptable risk based on a review
of prior accidents in which the employee was at fault and
for which payments were made pursuant to this Section.
The Director is authorized to promulgate
administrative rules that may be necessary to establish and
administer the plan.
Appropriations from the Road Fund shall be used to pay
auto liability claims and related expenses involving
employees of the Department of Transportation, the
Illinois State Police, and the Secretary of State.
(8) Charge, collect, and receive from all other
agencies of the State government fees or monies equivalent
to the cost of purchasing the insurance.
(9) Establish, through the Director, charges for risk
management services rendered to State agencies by the
Department. The State agencies so charged shall reimburse
the Department by vouchers drawn against their respective
appropriations. The reimbursement shall be determined by
the Director as amounts sufficient to reimburse the

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Department for expenditures incurred in rendering the
service.
The Department shall charge the employing State agency
or university for workers' compensation payments for
temporary total disability paid to any employee after the
employee has received temporary total disability payments
for 120 days if the employee's treating physician has
issued a release to return to work with restrictions and
the employee is able to perform modified duty work but the
employing State agency or university does not return the
employee to work at modified duty. Modified duty shall be
duties assigned that may or may not be delineated as part
of the duties regularly performed by the employee. Modified
duties shall be assigned within the prescribed
restrictions established by the treating physician and the
physician who performed the independent medical
examination. The amount of all reimbursements shall be
deposited into the Workers' Compensation Revolving Fund
which is hereby created as a revolving fund in the State
treasury. In addition to any other purpose authorized by
law, moneys in the Fund shall be used, subject to
appropriation, to pay these or other temporary total
disability claims of employees of State agencies and
universities.
Beginning with fiscal year 1996, all amounts recovered
by the Department through subrogation in workers'

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compensation and workers' occupational disease cases shall
be deposited into the Workers' Compensation Revolving Fund
created under this subdivision (9).
(10) Establish rules, procedures, and forms to be used
by State agencies in the administration and payment of
workers' compensation claims. The Department shall
initially evaluate and determine the compensability of any
injury that is the subject of a workers' compensation claim
and provide for the administration and payment of such a
claim for all State agencies. The appeal of a decision of
the Workers' Compensation Commission on compensability of
a State employee's claim for workers' compensation
benefits may be made to the circuit court. The Director may
delegate to any agency with the agreement of the agency
head the responsibility for evaluation, administration,
and payment of that agency's claims.
(10a) If the Director determines it would be in the
best interests of the State and its employees, prepare and
implement a plan providing for: (i) the purchase of
workers' compensation insurance for workers' compensation
liability; (ii) third-party administration of
self-insurance, in whole or in part, for workers'
compensation liability; or (iii) a combination of
purchased insurance and self-insurance for workers'
compensation liability, including reinsurance or stop-loss
insurance. Any contract for insurance or third-party

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administration shall be on terms consistent with State
policy; awarded in compliance with the Illinois
Procurement Code; and based on, but not limited to, the
following criteria: administrative cost, service
capabilities of the carrier or other contractor and
premiums, fees, or charges. By April 1 of each year, the
Director must report and provide information to the State
Workers' Compensation Program Advisory Board concerning
the status of the State workers' compensation program for
the next fiscal year. Information includes, but is not
limited to, documents, reports of negotiations, bid
invitations, requests for proposals, specifications,
copies of proposed and final contracts or agreements, and
any other materials concerning contracts or agreements for
the program. By the first of each month thereafter, the
Director must provide updated, and any new, information to
the State Workers' Compensation Program Advisory Board
until the State workers' compensation program for the next
fiscal year is determined.
(11) Any plan for public liability self-insurance
implemented under this Section shall provide that (i) the
Department shall attempt to settle and may settle any
public liability claim filed against the State of Illinois
or any public liability claim filed against a State
employee on the basis of an occurrence in the course of the
employee's State employment; (ii) any settlement of such a

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claim is not subject to fiscal year limitations and must be
approved by the Director and, in cases of settlements
exceeding $100,000, by the Governor; and (iii) a settlement
of any public liability claim against the State or a State
employee shall require an unqualified release of any right
of action against the State and the employee for acts
within the scope of the employee's employment giving rise
to the claim.
Whenever and to the extent that a State employee
operates a motor vehicle or engages in other activity
covered by self-insurance under this Section, the State of
Illinois shall defend, indemnify, and hold harmless the
employee against any claim in tort filed against the
employee for acts or omissions within the scope of the
employee's employment in any proper judicial forum and not
settled pursuant to this subdivision (11), provided that
this obligation of the State of Illinois shall not exceed a
maximum liability of $2,000,000 for any single occurrence
in connection with the operation of a motor vehicle or
$100,000 per person per occurrence for any other single
occurrence, or $500,000 for any single occurrence in
connection with the provision of medical care by a licensed
physician employee.
Any claims against the State of Illinois under a
self-insurance plan that are not settled pursuant to this
subdivision (11) shall be heard and determined by the Court

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of Claims and may not be filed or adjudicated in any other
forum. The Attorney General of the State of Illinois or the
Attorney General's designee shall be the attorney with
respect to all public liability self-insurance claims that
are not settled pursuant to this subdivision (11) and
therefore result in litigation. The payment of any award of
the Court of Claims entered against the State relating to
any public liability self-insurance claim shall act as a
release against any State employee involved in the
occurrence.
(12) Administer a plan the purpose of which is to make
payments on final settlements or final judgments in
accordance with the State Employee Indemnification Act.
The plan shall be funded through appropriations from the
General Revenue Fund specifically designated for that
purpose, except that indemnification expenses for
employees of the Department of Transportation, the
Illinois State Police, and the Secretary of State shall be
paid from the Road Fund. The term "employee" as used in
this subdivision (12) has the same meaning as under
subsection (b) of Section 1 of the State Employee
Indemnification Act. Subject to sufficient appropriation,
the Director shall approve payment of any claim, without
regard to fiscal year limitations, presented to the
Director that is supported by a final settlement or final
judgment when the Attorney General and the chief officer of

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the public body against whose employee the claim or cause
of action is asserted certify to the Director that the
claim is in accordance with the State Employee
Indemnification Act and that they approve of the payment.
In no event shall an amount in excess of $150,000 be paid
from this plan to or for the benefit of any claimant.
(13) Administer a plan the purpose of which is to make
payments on final settlements or final judgments for
employee wage claims in situations where there was an
appropriation relevant to the wage claim, the fiscal year
and lapse period have expired, and sufficient funds were
available to pay the claim. The plan shall be funded
through appropriations from the General Revenue Fund
specifically designated for that purpose.
Subject to sufficient appropriation, the Director is
authorized to pay any wage claim presented to the Director
that is supported by a final settlement or final judgment
when the chief officer of the State agency employing the
claimant certifies to the Director that the claim is a
valid wage claim and that the fiscal year and lapse period
have expired. Payment for claims that are properly
submitted and certified as valid by the Director shall
include interest accrued at the rate of 7% per annum from
the forty-fifth day after the claims are received by the
Department or 45 days from the date on which the amount of
payment is agreed upon, whichever is later, until the date

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the claims are submitted to the Comptroller for payment.
When the Attorney General has filed an appearance in any
proceeding concerning a wage claim settlement or judgment,
the Attorney General shall certify to the Director that the
wage claim is valid before any payment is made. In no event
shall an amount in excess of $150,000 be paid from this
plan to or for the benefit of any claimant.
Nothing in Public Act 84-961 shall be construed to
affect in any manner the jurisdiction of the Court of
Claims concerning wage claims made against the State of
Illinois.
(14) Prepare and, in the discretion of the Director,
implement a program for self-insurance for official
fidelity and surety bonds for officers and employees as
authorized by the Official Bond Act.
(Source: P.A. 96-928, eff. 6-15-10; 97-18, eff. 6-28-11.)