SB 3288 — ST FINANCE-FISCAL YEAR LIMIT

SB3288 EngrossedEnrolled LRB096 16578 JAM 31852 b AN ACT concerning State government.

(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 contracted SB3288 EngrossedEnrolled - 2 - LRB096 16578 JAM 31852 b for as provided in the Illinois Purchasing Act.

(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, or controlled by the State but used by a SB3288 EngrossedEnrolled - 3 - LRB096 16578 JAM 31852 b 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.

Subsequent to payment of a claim on behalf of an employee pursuant to this Section and after reasonable advance written notice to the employee, the Director may exclude the employee SB3288 EngrossedEnrolled - 4 - LRB096 16578 JAM 31852 b 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 Department shall charge the employing State agency or SB3288 EngrossedEnrolled - 5 - LRB096 16578 JAM 31852 b 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.

(10) Establish rules, procedures, and forms to be used by State agencies in the administration and payment of workers' SB3288 EngrossedEnrolled - 6 - LRB096 16578 JAM 31852 b compensation claims.

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 SB3288 EngrossedEnrolled - 7 - LRB096 16578 JAM 31852 b 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.

The plan shall be funded through appropriations from the General Revenue Fund specifically designated for that purpose, except that SB3288 EngrossedEnrolled - 8 - LRB096 16578 JAM 31852 b 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.

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 SB3288 EngrossedEnrolled - 9 - LRB096 16578 JAM 31852 b certifies to the Director that the claim is a valid wage claim and that the fiscal year and lapse period have expired.

SB3288 EngrossedEnrolled - 10 - LRB096 16578 JAM 31852 b (30 ILCS 105/25) (from Ch.

However, payment of tuition reimbursement claims under Section 14-7.03 or 18-3 of the School Code may be made by the State Board of Education from its appropriations for those respective purposes for any fiscal year, even though the claims reimbursed by the payment may be claims attributable to a prior fiscal year, and payments may be made at the direction of the State Superintendent of Education from the fund from which the appropriation is made without regard to any fiscal year SB3288 EngrossedEnrolled - 11 - LRB096 16578 JAM 31852 b limitations.

SB3288 EngrossedEnrolled - 12 - LRB096 16578 JAM 31852 b Additionally, payments may be made by the Department of Human Services from its appropriations, or any other State agency from its appropriations with the approval of the Department of Human Services, from the Immigration Reform and Control Fund for purposes authorized pursuant to the Immigration Reform and Control Act of 1986, without regard to any fiscal year limitations.

SB3288 EngrossedEnrolled - 13 - LRB096 16578 JAM 31852 b (c) Further, payments may be made by the Department of Public Health and the Department of Human Services (acting as successor to the Department of Public Health under the Department of Human Services Act) from their respective appropriations for grants for medical care to or on behalf of persons suffering from chronic renal disease, persons suffering from hemophilia, rape victims, and premature and high-mortality risk infants and their mothers and for grants for supplemental food supplies provided under the United States Department of Agriculture Women, Infants and Children Nutrition Program, for any fiscal year without regard to the fact that the services being compensated for by such payment may have been rendered in a prior fiscal year.

(e) The Department of Healthcare and Family Services, the SB3288 EngrossedEnrolled - 14 - LRB096 16578 JAM 31852 b Department of Human Services (acting as successor to the Department of Public Aid), and the Department of Human Services making fee-for-service payments relating to substance abuse treatment services provided during a previous fiscal year shall each annually submit to the State Comptroller, Senate President, Senate Minority Leader, Speaker of the House, House Minority Leader, the respective Chairmen and Minority Spokesmen of the Appropriations Committees of the Senate and the House, on or before November 30, a report that shall document by program or service category those expenditures from the most recently completed fiscal year used to pay for (i) services provided in prior fiscal years and (ii) services for which claims were received in prior fiscal years.

(g) In addition, each annual report required to be submitted by the Department of Healthcare and Family Services SB3288 EngrossedEnrolled - 15 - LRB096 16578 JAM 31852 b under subsection (e) shall include the following information with respect to the State's Medicaid program:

(2) issuing credits, refunding through inter-fund transfers, or reducing future inter-fund transfers during the subsequent fiscal year for all user agency payments or SB3288 EngrossedEnrolled - 16 - LRB096 16578 JAM 31852 b authorized inter-fund transfers received during the prior fiscal year which were in excess of the final amounts owed by the user agency for that period;