HB1032eng 97TH GENERAL ASSEMBLY

HB1032 Engrossed LRB097 03852 AEK 43891 b

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

ARTICLE 1. REPEALS

(820 ILCS 305/Act rep.)

Section 1-5. The Workers' Compensation Act is repealed.

(820 ILCS 310/Act rep.)

Section 1-10. The Workers' Occupational Diseases Act is repealed.

ARTICLE 5. TRANSFER AND TRANSITION

Section 5-1. Short title. This Article 5 may be cited as the Workers' Compensation and Workers' Occupational Diseases Transfer and Transition Act. All references in this Article to "this Act" mean this Article.

Section 5-5. Definitions. As used in this Act:

"Cause of action" includes a cause of action for compensation or treatment for accidental injury or death arising out of and in the course of employment and a cause of action for compensation or treatment for a disease or death arising out of and in the course of the employment or which has become aggravated and rendered disabling as a result of the exposure of the employment.

"Commission" means the Illinois Workers' Compensation Commission.

"Department" means the Department of Labor.

"Director" means the Director of Labor.

Section 5-10. General provisions.

(a) Except as otherwise provided in this Act, the provisions of the repealed Workers' Compensation Act and the repealed Workers' Occupational Diseases Act do not apply to any cause of action accruing on or after January 1, 2012.

(b) On January 1, 2012, the Commission is divested of jurisdiction over all actions over which it had jurisdiction on December 31, 2011. Except for claims against the State that are subject to Section 8 of the Court of Claims Act, all actions over which the Commission had jurisdiction on December 31, 2011 are transferred to the Supreme Court for assignment to the circuit courts, which assume jurisdiction over those actions on January 1, 2012. Each such action shall be decided in accordance with the substantive law that was in effect when the cause of action accrued. Procedure shall be governed by court rule. The Commission shall deliver to the Supreme Court all records, documents, communications, and other materials in its possession relating to those actions and relating to all actions that are on appeal, actions for which the time for filing an appeal has not expired, and actions that may be subject to modification. In an action pending before any court, the Court of Claims, or other tribunal on January 1, 2012 in which the Commission is a party, the Department shall be substituted for the Commission as a party. When the Department is substituted for the Commission as a party, the Commission shall deliver to the Department copies of all records, documents, communications, and other materials in its possession relating to the action.

(c) Except for claims against the State that are subject to Section 8 of the Court of Claims Act, if a cause of action accrued before January 1, 2012, an action may be brought in the circuit court within the time limits that were in effect when the cause of action accrued. The action shall be decided in accordance with the substantive law that was in effect when the cause of action accrued. Procedure shall be governed by court rule.

(d) An appeal pending under the Workers' Compensation Act or the Workers' Occupational Diseases Act in the Supreme Court or Appellate Court on or after January 1, 2012 that subsequently requires a remand shall be remanded to the appropriate court.

(e) An appeal pending under the Workers' Compensation Act or the Workers' Occupational Diseases Act in a circuit court on or after January 1, 2012 may not be remanded by the circuit court. The circuit court shall enter a final judgment or order fully disposing of any such appeal.

(f) If a cause of action accrued before January 1, 2012, venue shall lie in the county in which the alleged accidental injury or last exposure occurred, unless the alleged accidental injury or last exposure occurred outside Illinois and the claimant resides in Illinois, in which case venue shall lie in the county in which the claimant resides. In matters not covered by the preceding sentence in which the cause of action accrued before January 1, 2012, venue shall lie in either Sangamon County, Cook County, or a county in which a person alleged to have violated the Workers' Compensation Act or the Workers' Occupational Diseases Act is located.

Section 5-15. Abolition of Commission; succession. Upon carrying out its responsibilities under this Act, the Commission is abolished. For purposes of the Successor Agency Act and Section 9b of the State Finance Act, the Department is the successor to the Commission. Except as otherwise provided in subsection (b) of Section 5-10, the Department succeeds to and assumes all powers, duties, rights, responsibilities, personnel, assets, liabilities, and indebtedness of the Commission. Any reference in any law, rule, form, or other document to the Commission is deemed to be a reference to the Department, except in the case of references in any law, rule, form, or other document to the Commission in its function as a tribunal, in which case those references shall be deemed to be references to the appropriate court. Transfers of personnel or abolition of positions that are subject to the Personnel Code shall be determined by the Department in accordance with the Personnel Code.

Section 5-20. Temporary orders. In a proceeding arising from a cause of action that accrues on or after January 1, 2012, the court may, notwithstanding the repeal of the Workers' Compensation Act and the Workers' Occupational Diseases Act, enter temporary orders providing for medical care, rehabilitation, disability payments, and other appropriate temporary relief in accordance with the relevant standards of Section 8 of the Workers' Compensation Act as that Section existed immediately before its repeal. A temporary order may be revoked or modified before final judgment for good cause shown. A temporary order terminates when a final judgment is entered or when the action is dismissed.

Section 5-25. Funds. The Department shall administer the Injured Workers' Benefit Fund, the Rate Adjustment Fund, the Illinois Workers' Compensation Commission Operations Fund, the Self-Insurers Administration Fund, the Self-Insurers Security Fund, the Workers' Compensation Benefit Trust Fund, and the Second Injury Fund. Subject to appropriation, the Department is authorized to use those funds to pay obligations incurred under the Workers' Compensation Act and the Workers' Occupational Diseases Act, obligations incurred under the cases decided in accordance with substantive provisions Workers' Compensation Act and the Workers' Occupational Diseases Act as those Acts existed before their repeal, obligations incurred in cases decided under the provisions of the Workers' Compensation Act and the Workers' Occupational Diseases Act as those Acts existed before their repeal, and costs and expenses incurred by the Department in carrying out its responsibilities under this Act. Upon receiving written direction from the Director, the Comptroller and Treasurer shall make transfers among any of the Funds that are necessary to effectuate the purposes of this Section.

Section 5-30. Employers, insurers, and other entities.

(a) The Department may bring an action in the circuit court to impose penalties, other than criminal penalties, for a violation of the Workers' Compensation Act or the Workers' Occupational Diseases Act that occurred before January 1, 2012 or to enforce compliance by any person with any requirement of the Workers' Compensation Act or the Workers' Occupational Diseases Act applying to the person that existed before January 1, 2012.

(b) The Department and the Department of Insurance shall adopt rules setting forth appropriate insurance or self-insurance requirements for employers with respect to their obligations to employees for causes of action accruing before January 1, 2012.

(c) If an employer, insurer, or other entity was required to pay contributions or assessments to the Commission under the Workers' Compensation Act or the Workers' Occupational Diseases Act for any period that began before January 1, 2012, regardless of whether those payments were to be made before, on, or after January 1, 2012, the employer, insurer, or other entity shall pay those contributions or assessments accruing through December 31, 2011 as though those Acts had not been repealed. The Department shall ensure that those payments are made in a timely fashion and shall adopt rules for the collection of those payments and the imposition of appropriate penalties for any failure to make timely payments.

Section 5-35. Offsets. To the extent any other benefits were offset by the amount of payments under the Workers' Compensation Act or the Workers' Occupational Diseases Act, those benefits shall be offset by the amount of payments for accidental injury or death arising out of and in the course of employment or for a disease or death arising out of and in the course of the employment or which has become aggravated and rendered disabling as a result of the exposure of the employment. To the extent the amount of payments under the Workers' Compensation Act or the Workers' Occupational Diseases Act were offset by any other benefits, the amount of payments for accidental injury or death arising out of and in the course of employment or for a disease or death arising out of and in the course of the employment or which has become aggravated and rendered disabling as a result of the exposure of the employment shall be offset by those benefits.

Section 5-900. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by changing Sections 405-105 and 405-411 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 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, 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 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 Department for expenditures incurred in rendering the service.

The Department shall charge the employing State agency or university for workers' compensation payments or court-ordered 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' compensation and workers' occupational disease cases or other cases for compensation or treatment for accidental injury or death arising out of and in the course of employment or for compensation or treatment for a disease or death arising out of and in the course of the employment or which has become aggravated and rendered disabling as a result of the exposure of the employment 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 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.

(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 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 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 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 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.)

(20 ILCS 405/405-411)

Sec. 405-411. Consolidation of workers' compensation functions.

(a) Notwithstanding any other law to the contrary, the Director of Central Management Services, working in cooperation with the Director of any other agency, department, board, or commission directly responsible to the Governor, may direct the consolidation, within the Department of Central Management Services, of those workers' compensation functions at that agency, department, board, or commission that are suitable for centralization.

Upon receipt of the written direction to transfer workers' compensation functions to the Department of Central Management Services, the personnel, equipment, and property (both real and personal) directly relating to the transferred functions shall be transferred to the Department of Central Management Services, and the relevant documents, records, and correspondence shall be transferred or copied, as the Director may prescribe.

(b) Upon receiving written direction from the Director of Central Management Services, the Comptroller and Treasurer are authorized to transfer the unexpended balance of any appropriations related to the workers' compensation functions transferred to the Department of Central Management Services and shall make the necessary fund transfers from the General Revenue Fund, any special fund in the State treasury, or any other federal or State trust fund held by the Treasurer to the Workers' Compensation Revolving Fund for use by the Department of Central Management Services in support of workers' compensation functions or any other related costs or expenses of the Department of Central Management Services.

(c) The rights of employees and the State and its agencies under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by any transfer under this Section.

(d) The functions transferred to the Department of Central Management Services by this Section shall be vested in and shall be exercised by the Department of Central Management Services. Each act done in the exercise of those functions shall have the same legal effect as if done by the agencies, offices, divisions, departments, bureaus, boards and commissions from which they were transferred.

Every person or other entity shall be subject to the same obligations and duties and any penalties, civil or criminal, arising therefrom, and shall have the same rights arising from the exercise of such rights, powers, and duties as had been exercised by the agencies, offices, divisions, departments, bureaus, boards, and commissions from which they were transferred.

Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person in regards to the functions transferred to or upon the agencies, offices, divisions, departments, bureaus, boards, and commissions from which the functions were transferred, the same shall be made, given, furnished or served in the same manner to or upon the Department of Central Management Services.

This Section does not affect any act done, ratified, or cancelled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause regarding the functions transferred, but those proceedings may be continued by the Department of Central Management Services.

This Section does not affect the legality of any rules in the Illinois Administrative Code regarding the functions transferred in this Section that are in force on the effective date of this Section. If necessary, however, the affected agencies shall propose, adopt, or repeal rules, rule amendments, and rule recodifications as appropriate to effectuate this Section.

(e) On and after January 1, 2012, "workers' compensation functions" also includes functions related to claims for compensation or treatment for accidental injury or death arising out of and in the course of employment and compensation or treatment for a disease or death arising out of and in the course of the employment or which has become aggravated and rendered disabling as a result of the exposure of the employment.

(Source: P.A. 93-839, eff. 7-30-04.)

Section 5-905. The State Finance Act is amended by changing Section 6z-64 as follows:

(30 ILCS 105/6z-64)

Sec. 6z-64. The Workers' Compensation Revolving Fund.

(a) The Workers' Compensation Revolving Fund is created as a revolving fund, not subject to fiscal year limitations, in the State treasury. The following moneys shall be deposited into the Fund:

(1) amounts authorized for transfer to the Fund from the General Revenue Fund and other State funds (except for funds classified by the Comptroller as federal trust funds or State trust funds) pursuant to State law or Executive Order;

(2) federal funds received by the Department of Central Management Services (the "Department") as a result of expenditures from the Fund;

(3) interest earned on moneys in the Fund;

(4) receipts or inter-fund transfers resulting from billings issued by the Department to State agencies and universities for the cost of workers' compensation services rendered by the Department that are not compensated through the specific fund transfers authorized by this Section, if any;

(5) amounts received from a State agency or university for workers' compensation payments or court-ordered payments for temporary total disability, as provided in Section 405-105 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois; and

(6) amounts recovered through subrogation in workers' compensation and workers' occupational disease cases or other cases for compensation or treatment for accidental injury or death arising out of and in the course of employment or for compensation or treatment for a disease or death arising out of and in the course of the employment or which has become aggravated and rendered disabling as a result of the exposure of the employment.

(b) Moneys in the Fund may be used by the Department for reimbursement or payment for:

(1) providing workers' compensation services to State agencies and State universities; or

(2) providing for payment of administrative and other expenses incurred by the Department in providing workers' compensation services.

(c) State agencies may direct the Comptroller to process inter-fund transfers or make payment through the voucher and warrant process to the Workers' Compensation Revolving Fund in satisfaction of billings issued under subsection (a) of this Section.

(d) Reconciliation. For the fiscal year beginning on July 1, 2004 only, the Director of Central Management Services (the "Director") shall order that each State agency's payments and transfers made to the Fund be reconciled with actual Fund costs for workers' compensation services provided by the Department and attributable to the State agency and relevant fund on no less than an annual basis. The Director may require reports from State agencies as deemed necessary to perform this reconciliation.

(d-5) Notwithstanding any other provision of State law to the contrary, on or after July 1, 2005 and until June 30, 2006, in addition to any other transfers that may be provided for by law, at the direction of and upon notification of the Director of Central Management Services, the State Comptroller shall direct and the State Treasurer shall transfer amounts into the Workers' Compensation Revolving Fund from the designated funds not exceeding the following totals:

Mental Health Fund............................$17,694,000

Statistical Services Revolving Fund............$1,252,600

Department of Corrections Reimbursement

and Education Fund.........................$1,198,600

Communications Revolving Fund....................$535,400

Child Support Administrative Fund................$441,900

Health Insurance Reserve Fund....................$238,900

Fire Prevention Fund.............................$234,100

Park and Conservation Fund.......................$142,000

Motor Fuel Tax Fund..............................$132,800

Illinois Workers' Compensation

Commission Operations Fund...................$123,900

State Boating Act Fund...........................$112,300

Public Utility Fund..............................$106,500

State Lottery Fund...............................$101,300

Traffic and Criminal Conviction

Surcharge Fund................................$88,500

State Surplus Property Revolving Fund.............$82,700

Natural Areas Acquisition Fund....................$65,600

Securities Audit and Enforcement Fund.............$65,200

Agricultural Premium Fund.........................$63,400

Capital Development Fund..........................$57,500

State Gaming Fund.................................$54,300

Underground Storage Tank Fund.....................$53,700

Illinois State Medical Disciplinary Fund..........$53,000

Personal Property Tax Replacement Fund............$53,000

General Professions Dedicated Fund...............$51,900

Total $23,003,100

(d-10) Notwithstanding any other provision of State law to the contrary and in addition to any other transfers that may be provided for by law, on the first day of each calendar quarter of the fiscal year beginning July 1, 2005, or as soon as may be practical thereafter, the State Comptroller shall direct and the State Treasurer shall transfer from each designated fund into the Workers' Compensation Revolving Fund amounts equal to one-fourth of each of the following totals:

General Revenue Fund......................... $34,000,000

Road Fund.................................... $25,987,000

Total $59,987,000

(d-12) Notwithstanding any other provision of State law to the contrary and in addition to any other transfers that may be provided for by law, on the effective date of this amendatory Act of the 94th General Assembly, or as soon as may be practical thereafter, the State Comptroller shall direct and the State Treasurer shall transfer from each designated fund into the Workers' Compensation Revolving Fund the following amounts:

General Revenue Fund..........................$10,000,000

Road Fund......................................$5,000,000

Total $15,000,000

(d-15) Notwithstanding any other provision of State law to the contrary and in addition to any other transfers that may be provided for by law, on July 1, 2006, or as soon as may be practical thereafter, the State Comptroller shall direct and the State Treasurer shall transfer from each designated fund into the Workers' Compensation Revolving Fund the following amounts:

General Revenue Fund.........................$44,028,200

Road Fund....................................$28,084,000

Total $72,112,200

(d-20) Notwithstanding any other provision of State law to the contrary, on or after July 1, 2006 and until June 30, 2007, in addition to any other transfers that may be provided for by law, at the direction of and upon notification of the Director of Central Management Services, the State Comptroller shall direct and the State Treasurer shall transfer amounts into the Workers' Compensation Revolving Fund from the designated funds not exceeding the following totals:

Mental Health Fund............................$19,121,800

Statistical Services Revolving Fund............$1,353,700

Department of Corrections Reimbursement

and Education Fund.........................$1,295,300

Communications Revolving Fund....................$578,600

Child Support Administrative Fund................$477,600

Health Insurance Reserve Fund....................$258,200

Fire Prevention Fund.............................$253,000

Park and Conservation Fund.......................$153,500

Motor Fuel Tax Fund..............................$143,500

Illinois Workers' Compensation

Commission Operations Fund...................$133,900

State Boating Act Fund...........................$121,400

Public Utility Fund..............................$115,100

State Lottery Fund...............................$109,500

Traffic and Criminal Conviction Surcharge Fund....$95,700

State Surplus Property Revolving Fund.............$89,400

Natural Areas Acquisition Fund....................$70,800

Securities Audit and Enforcement Fund.............$70,400

Agricultural Premium Fund.........................$68,500

State Gaming Fund.................................$58,600

Underground Storage Tank Fund.....................$58,000

Illinois State Medical Disciplinary Fund..........$57,200

Personal Property Tax Replacement Fund............$57,200

General Professions Dedicated Fund...............$56,100

Total $24,797,000

(d-25) Notwithstanding any other provision of State law to the contrary and in addition to any other transfers that may be provided for by law, on July 1, 2009, or as soon as may be practical thereafter, the State Comptroller shall direct and the State Treasurer shall transfer from each designated fund into the Workers' Compensation Revolving Fund the following amounts:

General Revenue Fund.........................$55,000,000

Road Fund....................................$34,803,000

Total $89,803,000

(d-30) Notwithstanding any other provision of State law to the contrary, on or after July 1, 2009 and until June 30, 2010, in addition to any other transfers that may be provided for by law, at the direction of and upon notification of the Director of Central Management Services, the State Comptroller shall direct and the State Treasurer shall transfer amounts into the Workers' Compensation Revolving Fund from the designated funds not exceeding the following totals:

Food and Drug Safety Fund.........................$13,900

Teacher Certificate Fee Revolving Fund.............$6,500

Transportation Regulatory Fund....................$14,500

Financial Institution Fund........................$25,200

General Professions Dedicated Fund................$25,300

Illinois Veterans' Rehabilitation Fund............$64,600

State Boating Act Fund...........................$177,100

State Parks Fund.................................$104,300

Lobbyist Registration Administration Fund.........$14,400

Agricultural Premium Fund.........................$79,100

Fire Prevention Fund.............................$360,200

Mental Health Fund.............................$9,725,200

Illinois State Pharmacy Disciplinary Fund..........$5,600

Public Utility Fund...............................$40,900

Radiation Protection Fund.........................$14,200

Firearm Owner's Notification Fund..................$1,300

Solid Waste Management Fund.......................$74,100

Illinois Gaming Law Enforcement Fund..............$17,800

Subtitle D Management Fund........................$14,100

Illinois State Medical Disciplinary Fund..........$26,500

Facility Licensing Fund...........................$11,700

Plugging and Restoration Fund......................$9,100

Explosives Regulatory Fund.........................$2,300

Aggregate Operations Regulatory Fund...............$5,000

Coal Mining Regulatory Fund........................$1,900

Registered Certified Public Accountants'

Administration and Disciplinary Fund...........$1,500

Weights and Measures Fund.........................$56,100

Division of Corporations Registered

Limited Liability Partnership Fund.............$3,900

Illinois School Asbestos Abatement Fund...........$14,000

Secretary of State Special License Plate Fund.....$30,700

Capital Development Board Revolving Fund..........$27,000

DCFS Children's Services Fund.....................$69,300

Asbestos Abatement Fund...........................$17,200

Illinois Health Facilities Planning Fund..........$26,800

Emergency Public Health Fund.......................$5,600

Nursing Dedicated and Professional Fund...........$10,000

Optometric Licensing and Disciplinary

Board Fund.....................................$1,600

Underground Resources Conservation

Enforcement Fund..............................$11,500

Drunk and Drugged Driving Prevention Fund.........$18,200

Long Term Care Monitor/Receiver Fund..............$35,400

Community Water Supply Laboratory Fund.............$5,600

Securities Investors Education Fund................$2,000

Used Tire Management Fund.........................$32,400

Natural Areas Acquisition Fund...................$101,200

Open Space Lands Acquisition

and Development Fund..................$28,400

Working Capital Revolving Fund...................$489,100

State Garage Revolving Fund......................$791,900

Statistical Services Revolving Fund............$3,984,700

Communications Revolving Fund..................$1,432,800

Facilities Management Revolving Fund...........$1,911,600

Professional Services Fund.......................$483,600

Motor Vehicle Review Board Fund...................$15,000

Environmental Laboratory Certification Fund........$3,000

Public Health Laboratory Services

Revolving Fund.................................$2,500

Lead Poisoning Screening, Prevention,

and Abatement Fund............................$28,200

Securities Audit and Enforcement Fund............$258,400

Department of Business Services

Special Operations Fund......................$111,900

Feed Control Fund.................................$20,800

Tanning Facility Permit Fund.......................$5,400

Plumbing Licensure and Program Fund...............$24,400

Tax Compliance and Administration Fund............$27,200

Appraisal Administration Fund......................$2,400

Small Business Environmental Assistance Fund.......$2,200

Illinois State Fair Fund..........................$31,400

Secretary of State Special Services Fund.........$317,600

Department of Corrections Reimbursement

and Education Fund...........................$324,500

Health Facility Plan Review Fund..................$31,200

Illinois Historic Sites Fund......................$11,500

Attorney General Court Ordered and Voluntary

Compliance Payment Projects Fund..............$18,500

Public Pension Regulation Fund.....................$5,600

Illinois Charity Bureau Fund......................$11,400

Renewable Energy Resources Trust Fund..............$6,700

Energy Efficiency Trust Fund.......................$3,600

Pesticide Control Fund............................$56,800

Attorney General Whistleblower Reward

and Protection Fund...........................$14,200

Partners for Conservation Fund....................$36,900

Capital Litigation Trust Fund........................$800

Motor Vehicle License Plate Fund..................$99,700

Horse Racing Fund.................................$18,900

Death Certificate Surcharge Fund..................$12,800

Auction Regulation Administration Fund...............$500

Motor Carrier Safety Inspection Fund..............$55,800

Assisted Living and Shared Housing

Regulatory Fund..................................$900

Illinois Thoroughbred Breeders Fund................$9,200

Illinois Clean Water Fund.........................$42,300

Secretary of State DUI Administration Fund........$16,100

Child Support Administrative Fund..............$1,037,900

Secretary of State Police Services Fund............$1,200

Tourism Promotion Fund............................$34,400

IMSA Income Fund..................................$12,700

Presidential Library and Museum Operating Fund....$83,000

Dram Shop Fund....................................$44,500

Illinois State Dental Disciplinary Fund............$5,700

Cycle Rider Safety Training Fund...................$8,700

Traffic and Criminal Conviction Surcharge Fund...$106,100

Design Professionals Administration

and Investigation Fund.........................$4,500

State Police Services Fund.......................$276,100

Metabolic Screening and Treatment Fund............$90,800

Insurance Producer Administration Fund............$45,600

Coal Technology Development Assistance Fund.......$11,700

Hearing Instrument Dispenser Examining

and Disciplinary Fund..........................$1,900

Low-Level Radioactive Waste Facility

Development and Operation Fund.................$1,000

Environmental Protection Permit and

Inspection Fund...............................$66,900

Park and Conservation Fund.......................$199,300

Local Tourism Fund.................................$2,400

Illinois Capital Revolving Loan Fund..............$10,000

Large Business Attraction Fund.......................$100

Adeline Jay Geo-Karis Illinois Beach

Marina Fund...................................$27,200

Public Infrastructure Construction

Loan Revolving Fund............................$1,700

Insurance Financial Regulation Fund...............$69,200

Total $24,197,800

(d-35) Notwithstanding any other provision of State law to the contrary and in addition to any other transfers that may be provided for by law, on July 1, 2010, or as soon as may be practical thereafter, the State Comptroller shall direct and the State Treasurer shall transfer from each designated fund into the Workers' Compensation Revolving Fund the following amounts:

General Revenue Fund.........................$55,000,000

Road Fund....................................$50,955,300

Total $105,955,300

(d-40) Notwithstanding any other provision of State law to the contrary, on or after July 1, 2010 and until June 30, 2011, in addition to any other transfers that may be provided for by law, at the direction of and upon notification of the Director of Central Management Services, the State Comptroller shall direct and the State Treasurer shall transfer amounts into the Workers' Compensation Revolving Fund from the designated funds not exceeding the following totals:

Food and Drug Safety Fund.........................$8,700

Financial Institution Fund.......................$44,500

General Professions Dedicated Fund...............$51,400

Live and Learn Fund..............................$10,900

Illinois Veterans' Rehabilitation Fund..........$106,000

State Boating Act Fund..........................$288,200

State Parks Fund................................$185,900

Wildlife and Fish Fund........................$1,550,300

Lobbyist Registration Administration Fund........$18,100

Agricultural Premium Fund.......................$176,100

Mental Health Fund..............................$291,900

Firearm Owner's Notification Fund.................$2,300

Illinois Gaming Law Enforcement Fund.............$11,300

Illinois State Medical Disciplinary Fund.........$42,300

Facility Licensing Fund..........................$14,200

Plugging and Restoration Fund....................$15,600

Explosives Regulatory Fund........................$4,800

Aggregate Operations Regulatory Fund..............$6,000

Coal Mining Regulatory Fund.......................$7,200

Registered Certified Public Accountants'

Administration and Disciplinary Fund..........$1,900

Weights and Measures Fund.......................$105,200

Division of Corporations Registered

Limited Liability Partnership Fund............$5,300

Illinois School Asbestos Abatement Fund..........$19,900

Secretary of State Special License Plate Fund....$38,700

DCFS Children's Services Fund...................$123,100

Illinois Health Facilities Planning Fund.........$29,700

Emergency Public Health Fund......................$6,800

Nursing Dedicated and Professional Fund..........$13,500

Optometric Licensing and Disciplinary

Board Fund....................................$1,800

Underground Resources Conservation

Enforcement Fund.............................$16,500

Mandatory Arbitration Fund........................$5,400

Drunk and Drugged Driving Prevention Fund........$26,400

Long Term Care Monitor/Receiver Fund.............$43,800

Securities Investors Education Fund..............$28,500

Used Tire Management Fund.........................$6,300

Natural Areas Acquisition Fund..................$185,000

Open Space Lands Acquisition and

Development Fund.............................$46,800

Working Capital Revolving Fund..................$741,500

State Garage Revolving Fund.....................$356,200

Statistical Services Revolving Fund...........$1,775,900

Communications Revolving Fund...................$630,600

Facilities Management Revolving Fund............$870,800

Professional Services Fund......................$275,500

Motor Vehicle Review Board Fund..................$12,900

Public Health Laboratory Services

Revolving Fund................................$5,300

Lead Poisoning Screening, Prevention,

and Abatement Fund...........................$42,100

Securities Audit and Enforcement Fund...........$162,700

Department of Business Services

Special Operations Fund.....................$143,700

Feed Control Fund................................$32,300

Tanning Facility Permit Fund......................$3,900

Plumbing Licensure and Program Fund..............$32,600

Tax Compliance and Administration Fund...........$48,400

Appraisal Administration Fund.....................$3,600

Illinois State Fair Fund.........................$30,200

Secretary of State Special Services Fund........$214,400

Department of Corrections Reimbursement

and Education Fund..........................$438,300

Health Facility Plan Review Fund.................$29,900

Public Pension Regulation Fund....................$9,900

Pesticide Control Fund..........................$107,500

Partners for Conservation Fund..................$189,300

Motor Vehicle License Plate Fund................$143,800

Horse Racing Fund................................$20,900

Death Certificate Surcharge Fund.................$16,800

Auction Regulation Administration Fund............$1,000

Motor Carrier Safety Inspection Fund.............$56,800

Assisted Living and Shared Housing

Regulatory Fund...............................$2,200

Illinois Thoroughbred Breeders Fund..............$18,100

Secretary of State DUI Administration Fund.......$19,800

Child Support Administrative Fund.............$1,809,500

Secretary of State Police Services Fund...........$2,500

Medical Special Purposes Trust Fund..............$20,400

Dram Shop Fund...................................$57,200

Illinois State Dental Disciplinary Fund...........$9,500

Cycle Rider Safety Training Fund.................$12,200

Traffic and Criminal Conviction Surcharge Fund..$128,900

Design Professionals Administration

and Investigation Fund........................$7,300

State Police Services Fund......................$335,700

Metabolic Screening and Treatment Fund...........$81,600

Insurance Producer Administration Fund...........$77,000

Hearing Instrument Dispenser Examining

and Disciplinary Fund.........................$1,900

Park and Conservation Fund......................$361,500

Adeline Jay Geo-Karis Illinois Beach

Marina Fund..................................$42,800

Insurance Financial Regulation Fund.............$108,000

Total $13,033,200

(e) The term "workers' compensation services" means services, claims expenses, and related administrative costs incurred in performing the duties under Sections 405-105 and 405-411 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois and performing similar duties with respect to actions for compensation or treatment for accidental injury or death arising out of and in the course of employment or for compensation or treatment for a disease or death arising out of and in the course of the employment or which has become aggravated and rendered disabling as a result of the exposure of the employment.

(Source: P.A. 95-744, eff. 7-18-08; 96-45, eff. 7-15-09; 96-959, eff. 7-1-10.)

Section 5-910. The Illinois Insurance Code is amended by adding Section 5.1 as follows:

(215 ILCS 5/5.1 new)

Sec. 5.1. Workplace injuries and occupational diseases. Nothing in this Code shall be construed to require an employer to maintain insurance covering the employer's liability for compensation or treatment for causes of action accruing on or after January 1, 2012.

The Department and the Department of Labor shall adopt rules setting forth appropriate insurance or self-insurance requirements for employers with respect to their obligations to employees for causes of action accruing before January 1, 2012.

As used in this Section, "cause of action" has the meaning ascribed to that term in Section 5-5 of the Workers' Compensation and Workers' Occupational Diseases Transfer and Transition Act.

Section 5-915. The Court of Claims Act is amended by changing Sections 8, 9, and 22 as follows:

(705 ILCS 505/8) (from Ch. 37, par. 439.8)

Sec. 8. Court of Claims jurisdiction; deliberation periods. The court shall have exclusive jurisdiction to hear and determine the following matters:

(a) All claims against the State founded upon any law of the State of Illinois or upon any regulation adopted thereunder by an executive or administrative officer or agency; provided, however, the court shall not have jurisdiction (i) to hear or determine claims arising under the Workers' Compensation Act or the Workers' Occupational Diseases Act, or claims for expenses in civil litigation, or (ii) to review administrative decisions for which a statute provides that review shall be in the circuit or appellate court.

(b) All claims against the State founded upon any contract entered into with the State of Illinois.

(c) All claims against the State for time unjustly served in prisons of this State when the person imprisoned received a pardon from the governor stating that such pardon is issued on the ground of innocence of the crime for which he or she was imprisoned or he or she received a certificate of innocence from the Circuit Court as provided in Section 2-702 of the Code of Civil Procedure; provided, the amount of the award is at the discretion of the court; and provided, the court shall make no award in excess of the following amounts: for imprisonment of 5 years or less, not more than $85,350; for imprisonment of 14 years or less but over 5 years, not more than $170,000; for imprisonment of over 14 years, not more than $199,150; and provided further, the court shall fix attorney's fees not to exceed 25% of the award granted. On or after the effective date of this amendatory Act of the 95th General Assembly, the court shall annually adjust the maximum awards authorized by this subsection (c) to reflect the increase, if any, in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor, except that no annual increment may exceed 5%. For the annual adjustments, if the Consumer Price Index decreases during a calendar year, there shall be no adjustment for that calendar year. The transmission by the Prisoner Review Board or the clerk of the circuit court of the information described in Section 11(b) to the clerk of the Court of Claims is conclusive evidence of the validity of the claim. The changes made by this amendatory Act of the 95th General Assembly apply to all claims pending on or filed on or after the effective date.

(d) All claims against the State for damages in cases sounding in tort, if a like cause of action would lie against a private person or corporation in a civil suit, and all like claims sounding in tort against the Medical Center Commission, the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, or the Board of Trustees of the Illinois Mathematics and Science Academy; provided, that an award for damages in a case sounding in tort, other than certain cases involving the operation of a State vehicle described in this paragraph, shall not exceed the sum of $100,000 to or for the benefit of any claimant. The $100,000 limit prescribed by this Section does not apply to an award of damages in any case sounding in tort arising out of the operation by a State employee of a vehicle owned, leased or controlled by the State. The defense that the State or the Medical Center Commission or the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, or the Board of Trustees of the Illinois Mathematics and Science Academy is not liable for the negligence of its officers, agents, and employees in the course of their employment is not applicable to the hearing and determination of such claims.

(e) All claims for recoupment made by the State of Illinois against any claimant.

(f) All claims pursuant to the Line of Duty Compensation Act. A claim under that Act must be heard and determined within one year after the application for that claim is filed with the Court as provided in that Act.

(g) All claims filed pursuant to the Crime Victims Compensation Act.

(h) All claims pursuant to the Illinois National Guardsman's Compensation Act. A claim under that Act must be heard and determined within one year after the application for that claim is filed with the Court as provided in that Act.

(i) All claims authorized by subsection (a) of Section 10-55 of the Illinois Administrative Procedure Act for the expenses incurred by a party in a contested case on the administrative level.

(j) All claims against the State over which the Illinois Workers' Compensation Commission is divested of jurisdiction on December 31, 2011 under Section 5-10 of the Workers' Compensation and Workers' Occupational Diseases Transfer and Transition Act. Those claims are transferred to the Court of Claims, which assumes jurisdiction over those actions on January 1, 2012. Each such claim shall be decided in accordance with the substantive law that was in effect when the cause of action accrued. Procedure shall be governed by court rule. The Illinois Workers' Compensation Commission shall deliver to the Court of Claims all records, documents, communications, and other materials in its possession relating to those claims and relating to all claims that are on appeal, claims for which the time for filing an appeal has not expired, and claims that may be subject to modification.

(k) All claims against the State for compensation or treatment for accidental injury or death arising out of and in the course of employment and for compensation or treatment for a disease or death arising out of and in the course of the employment or which has become aggravated and rendered disabling as a result of the exposure of the employment that accrued before January 1, 2012. Any such claim may be brought within the time limits that were in effect when the cause of action accrued. The claim shall be decided in accordance with the substantive law that was in effect when the cause of action accrued. Procedure shall be governed by court rule.

(Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)

(705 ILCS 505/9) (from Ch. 37, par. 439.9)

Sec. 9. The court may: A. Establish rules for its government and for the regulation of practice therein; appoint commissioners to assist the court in such manner as it directs and discharge them at will; and exercise such powers as are necessary to carry into effect the powers granted in this Section. Any Commissioner appointed shall be an attorney licensed to practice law in the State of Illinois. The rules established hereunder shall not be waived, and any extension of time authorized by such rules shall only be allowed on motion duly filed within the time limitation for which the extension is requested.

B. Issue subpoenas through the Chief Justice or one of its judges or commissioners to require the attendance of witnesses for the purpose of testifying before it, or before any judge of the court, or before any notary public, or any of its commissioners, and to require the production of any books, records, papers or documents that may be material or relevant as evidence in any matter pending before it. In case any person refuses to comply with any subpoena issued in the name of the chief justice, or one of the judges or commissioners, attested by the clerk, with the seal of the court attached, and served upon the person named therein as a summons in a civil action is served, the circuit court of the proper county, on application of the party at whose instance the subpoena was issued, shall compel obedience by attachment proceedings, as for contempt, as in a case of a disobedience of the requirements of a subpoena from such court on a refusal to testify therein.

C. Enter temporary orders providing for medical care, rehabilitation, disability payments, and other appropriate temporary relief in accordance with the relevant standards of Section 8 of the Workers' Compensation Act as that Section existed immediately before its repeal in claims against the State for compensation or treatment for accidental injury or death arising out of and in the course of employment and for compensation or treatment for a disease or death arising out of and in the course of the employment or which has become aggravated and rendered disabling as a result of the exposure of the employment that accrue on or after January 1, 2012, notwithstanding the repeal of the Workers' Compensation Act and the Workers' Occupational Diseases Act. A temporary order may be revoked or modified before final judgment for good cause shown. A temporary order terminates when a final judgment is entered or when the action is dismissed.

(Source: P.A. 83-865.)

(705 ILCS 505/22) (from Ch. 37, par. 439.22)

Sec. 22. Except as otherwise provided in subsection (k) of Section 8, every Every claim cognizable by the Court and not otherwise sooner barred by law shall be forever barred from prosecution therein unless it is filed with the Clerk of the Court within the time set forth as follows:

(a) All claims arising out of a contract must be filed within 5 years after it first accrues, saving to minors, and persons under legal disability at the time the claim accrues, in which cases the claim must be filed within 5 years from the time the disability ceases.

(b) All claims cognizable against the State by vendors of goods or services under "The Illinois Public Aid Code", approved April 11, 1967, as amended, must file within one year after the accrual of the cause of action, as provided in Section 11-13 of that Code.

(c) All claims arising under paragraph (c) of Section 8 of this Act must be automatically heard by the court within 120 days after the person asserting such claim is either issued a certificate of innocence from the Circuit Court as provided in Section 2-702 of the Code of Civil Procedure, or is granted a pardon by the Governor, whichever occurs later, without the person asserting the claim being required to file a petition under Section 11 of this Act, except as otherwise provided by the Crime Victims Compensation Act. Any claims filed by the claimant under paragraph (c) of Section 8 of this Act must be filed within 2 years after the person asserting such claim is either issued a certificate of innocence as provided in Section 2-702 of the Code of Civil Procedure, or is granted a pardon by the Governor, whichever occurs later.

(d) All claims arising under paragraph (f) of Section 8 of this Act must be filed within the time set forth in Section 3 of the Line of Duty Compensation Act.

(e) All claims arising under paragraph (h) of Section 8 of this Act must be filed within one year of the date of the death of the guardsman or militiaman as provided in Section 3 of the "Illinois National Guardsman's and Naval Militiaman's Compensation Act", approved August 12, 1971, as amended.

(f) All claims arising under paragraph (g) of Section 8 of this Act must be filed within one year of the crime on which a claim is based as provided in Section 6.1 of the "Crime Victims Compensation Act", approved August 23, 1973, as amended.

(g) All claims arising from the Comptroller's refusal to issue a replacement warrant pursuant to Section 10.10 of the State Comptroller Act must be filed within 5 years after the issue date of such warrant.

(h) All other claims must be filed within 2 years after it first accrues, saving to minors, and persons under legal disability at the time the claim accrues, in which case the claim must be filed within 2 years from the time the disability ceases.

(i) The changes made by this amendatory Act of 1989 shall apply to all warrants issued within the 5 year period preceding the effective date of this amendatory Act of 1989.

(j) All time limitations established under this Act and the rules promulgated under this Act shall be binding and jurisdictional, except upon extension authorized by law or rule and granted pursuant to a motion timely filed.

(Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)

Section 99. Effective date. This Act takes effect January 1, 2012.