SB1933ham001 97TH GENERAL ASSEMBLY

Rep. John E. Bradley

Filed: 5/20/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1933

2    AMENDMENT NO. ______. Amend Senate Bill 1933 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE 1. REPEALS

 
5    (820 ILCS 305/Act rep.)
6    Section 1-5. The Workers' Compensation Act is repealed.
 
7    (820 ILCS 310/Act rep.)
8    Section 1-10. The Workers' Occupational Diseases Act is
9repealed.
 
10
ARTICLE 5. TRANSFER AND TRANSITION

 
11    Section 5-1. Short title. This Article 5 may be cited as
12the Workers' Compensation and Workers' Occupational Diseases
13Transfer and Transition Act. All references in this Article to

 

 

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1"this Act" mean this Article.
 
2    Section 5-5. Definitions. As used in this Act:
3    "Cause of action" includes a cause of action for
4compensation or treatment for accidental injury or death
5arising out of and in the course of employment and a cause of
6action for compensation or treatment for a disease or death
7arising out of and in the course of the employment or which has
8become aggravated and rendered disabling as a result of the
9exposure of the employment.
10    "Commission" means the Illinois Workers' Compensation
11Commission.
12    "Department" means the Department of Labor.
13    "Director" means the Director of Labor.
 
14    Section 5-10. General provisions.
15    (a) Except as otherwise provided in this Act, the
16provisions of the repealed Workers' Compensation Act and the
17repealed Workers' Occupational Diseases Act do not apply to any
18cause of action accruing on or after January 1, 2012.
19    (b) On January 1, 2012, the Commission is divested of
20jurisdiction over all actions over which it had jurisdiction on
21December 31, 2011. Except for claims against the State that are
22subject to Section 8 of the Court of Claims Act, all actions
23over which the Commission had jurisdiction on December 31, 2011
24are transferred to the Supreme Court for assignment to the

 

 

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1circuit courts, which assume jurisdiction over those actions on
2January 1, 2012. Each such action shall be decided in
3accordance with the substantive law that was in effect when the
4cause of action accrued. Procedure shall be governed by court
5rule. The Commission shall deliver to the Supreme Court all
6records, documents, communications, and other materials in its
7possession relating to those actions and relating to all
8actions that are on appeal, actions for which the time for
9filing an appeal has not expired, and actions that may be
10subject to modification. In an action pending before any court,
11the Court of Claims, or other tribunal on January 1, 2012 in
12which the Commission is a party, the Department shall be
13substituted for the Commission as a party. When the Department
14is substituted for the Commission as a party, the Commission
15shall deliver to the Department copies of all records,
16documents, communications, and other materials in its
17possession relating to the action.
18    (c) Except for claims against the State that are subject to
19Section 8 of the Court of Claims Act, if a cause of action
20accrued before January 1, 2012, an action may be brought in the
21circuit court within the time limits that were in effect when
22the cause of action accrued. The action shall be decided in
23accordance with the substantive law that was in effect when the
24cause of action accrued. Procedure shall be governed by court
25rule.
26    (d) An appeal pending under the Workers' Compensation Act

 

 

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1or the Workers' Occupational Diseases Act in the Supreme Court
2or Appellate Court on or after January 1, 2012 that
3subsequently requires a remand shall be remanded to the
4appropriate court.
5    (e) An appeal pending under the Workers' Compensation Act
6or the Workers' Occupational Diseases Act in a circuit court on
7or after January 1, 2012 may not be remanded by the circuit
8court. The circuit court shall enter a final judgment or order
9fully disposing of any such appeal.
10    (f) If a cause of action accrued before January 1, 2012,
11venue shall lie in the county in which the alleged accidental
12injury or last exposure occurred, unless the alleged accidental
13injury or last exposure occurred outside Illinois and the
14claimant resides in Illinois, in which case venue shall lie in
15the county in which the claimant resides. In matters not
16covered by the preceding sentence in which the cause of action
17accrued before January 1, 2012, venue shall lie in either
18Sangamon County, Cook County, or a county in which a person
19alleged to have violated the Workers' Compensation Act or the
20Workers' Occupational Diseases Act is located. If a cause of
21action accrues on or after January 1, 2012, venue shall lie in
22the county in which the alleged accidental injury or last
23exposure occurred, unless the alleged accidental injury or last
24exposure occurred outside Illinois and the claimant resides in
25Illinois, in which case venue shall lie in the county in which
26the claimant resides.
 

 

 

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1    Section 5-15. Abolition of Commission; succession. Upon
2carrying out its responsibilities under this Act, the
3Commission is abolished. For purposes of the Successor Agency
4Act and Section 9b of the State Finance Act, the Department is
5the successor to the Commission. Except as otherwise provided
6in subsection (b) of Section 5-10, the Department succeeds to
7and assumes all powers, duties, rights, responsibilities,
8personnel, assets, liabilities, and indebtedness of the
9Commission. Any reference in any law, rule, form, or other
10document to the Commission is deemed to be a reference to the
11Department, except in the case of references in any law, rule,
12form, or other document to the Commission in its function as a
13tribunal, in which case those references shall be deemed to be
14references to the appropriate court. Transfers of personnel or
15abolition of positions that are subject to the Personnel Code
16shall be determined by the Department in accordance with the
17Personnel Code.
 
18    Section 5-20. Temporary orders. In a proceeding arising
19from a cause of action that accrues on or after January 1,
202012, the court may, notwithstanding the repeal of the Workers'
21Compensation Act and the Workers' Occupational Diseases Act,
22enter temporary orders providing for medical care,
23rehabilitation, disability payments, and other appropriate
24temporary relief in accordance with the relevant standards of

 

 

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1Section 8 of the Workers' Compensation Act as that Section
2existed immediately before its repeal. A temporary order may be
3revoked or modified before final judgment for good cause shown.
4A temporary order terminates when a final judgment is entered
5or when the action is dismissed.
 
6    Section 5-25. Funds. The Department shall administer the
7Injured Workers' Benefit Fund, the Rate Adjustment Fund, the
8Illinois Workers' Compensation Commission Operations Fund, the
9Self-Insurers Administration Fund, the Self-Insurers Security
10Fund, the Workers' Compensation Benefit Trust Fund, and the
11Second Injury Fund. Subject to appropriation, the Department is
12authorized to use those funds to pay obligations incurred under
13the Workers' Compensation Act and the Workers' Occupational
14Diseases Act, obligations incurred in cases decided under the
15provisions of the Workers' Compensation Act and the Workers'
16Occupational Diseases Act as those Acts existed before their
17repeal, and costs and expenses incurred by the Department in
18carrying out its responsibilities under this Act. Upon
19receiving written direction from the Director, the Comptroller
20and Treasurer shall make transfers among any of the Funds that
21are necessary to effectuate the purposes of this Section.
 
22    Section 5-30. Employers, insurers, and other entities.
23    (a) The Department may bring an action in the circuit court
24to impose penalties, other than criminal penalties, for a

 

 

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1violation of the Workers' Compensation Act or the Workers'
2Occupational Diseases Act that occurred before January 1, 2012
3or to enforce compliance by any person with any requirement of
4the Workers' Compensation Act or the Workers' Occupational
5Diseases Act applying to the person that existed before January
61, 2012.
7    (b) The Department and the Department of Insurance shall
8adopt rules setting forth appropriate insurance or
9self-insurance requirements for employers with respect to
10their obligations to employees for causes of action accruing
11before January 1, 2012.
12    (c) If an employer, insurer, or other entity was required
13to pay contributions or assessments to the Commission under the
14Workers' Compensation Act or the Workers' Occupational
15Diseases Act for any period that began before January 1, 2012,
16regardless of whether those payments were to be made before,
17on, or after January 1, 2012, the employer, insurer, or other
18entity shall pay those contributions or assessments accruing
19through December 31, 2011 as though those Acts had not been
20repealed. The Department shall ensure that those payments are
21made in a timely fashion and shall adopt rules for the
22collection of those payments and the imposition of appropriate
23penalties for any failure to make timely payments.
 
24    Section 5-35. Offsets. To the extent any other benefits
25were offset by the amount of payments under the Workers'

 

 

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1Compensation Act or the Workers' Occupational Diseases Act,
2those benefits shall be offset by the amount of payments for
3accidental injury or death arising out of and in the course of
4employment or for a disease or death arising out of and in the
5course of the employment or which has become aggravated and
6rendered disabling as a result of the exposure of the
7employment. To the extent the amount of payments under the
8Workers' Compensation Act or the Workers' Occupational
9Diseases Act were offset by any other benefits, the amount of
10payments for accidental injury or death arising out of and in
11the course of employment or for a disease or death arising out
12of and in the course of the employment or which has become
13aggravated and rendered disabling as a result of the exposure
14of the employment shall be offset by those benefits.
 
15    Section 5-900. The Department of Central Management
16Services Law of the Civil Administrative Code of Illinois is
17amended by changing Sections 405-105 and 405-411 as follows:
 
18    (20 ILCS 405/405-105)  (was 20 ILCS 405/64.1)
19    Sec. 405-105. Fidelity, surety, property, and casualty
20insurance. The Department shall establish and implement a
21program to coordinate the handling of all fidelity, surety,
22property, and casualty insurance exposures of the State and the
23departments, divisions, agencies, branches, and universities
24of the State. In performing this responsibility, the Department

 

 

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1shall have the power and duty to do the following:
2        (1) Develop and maintain loss and exposure data on all
3    State property.
4        (2) Study the feasibility of establishing a
5    self-insurance plan for State property and prepare
6    estimates of the costs of reinsurance for risks beyond the
7    realistic limits of the self-insurance.
8        (3) Prepare a plan for centralizing the purchase of
9    property and casualty insurance on State property under a
10    master policy or policies and purchase the insurance
11    contracted for as provided in the Illinois Purchasing Act.
12        (4) Evaluate existing provisions for fidelity bonds
13    required of State employees and recommend changes that are
14    appropriate commensurate with risk experience and the
15    determinations respecting self-insurance or reinsurance so
16    as to permit reduction of costs without loss of coverage.
17        (5) Investigate procedures for inclusion of school
18    districts, public community college districts, and other
19    units of local government in programs for the centralized
20    purchase of insurance.
21        (6) Implement recommendations of the State Property
22    Insurance Study Commission that the Department finds
23    necessary or desirable in the performance of its powers and
24    duties under this Section to achieve efficient and
25    comprehensive risk management.
26        (7) Prepare and, in the discretion of the Director,

 

 

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1    implement a plan providing for the purchase of public
2    liability insurance or for self-insurance for public
3    liability or for a combination of purchased insurance and
4    self-insurance for public liability (i) covering the State
5    and drivers of motor vehicles owned, leased, or controlled
6    by the State of Illinois pursuant to the provisions and
7    limitations contained in the Illinois Vehicle Code, (ii)
8    covering other public liability exposures of the State and
9    its employees within the scope of their employment, and
10    (iii) covering drivers of motor vehicles not owned, leased,
11    or controlled by the State but used by a State employee on
12    State business, in excess of liability covered by an
13    insurance policy obtained by the owner of the motor vehicle
14    or in excess of the dollar amounts that the Department
15    shall determine to be reasonable. Any contract of insurance
16    let under this Law shall be by bid in accordance with the
17    procedure set forth in the Illinois Purchasing Act. Any
18    provisions for self-insurance shall conform to subdivision
19    (11).
20        The term "employee" as used in this subdivision (7) and
21    in subdivision (11) means a person while in the employ of
22    the State who is a member of the staff or personnel of a
23    State agency, bureau, board, commission, committee,
24    department, university, or college or who is a State
25    officer, elected official, commissioner, member of or ex
26    officio member of a State agency, bureau, board,

 

 

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1    commission, committee, department, university, or college,
2    or a member of the National Guard while on active duty
3    pursuant to orders of the Governor of the State of
4    Illinois, or any other person while using a licensed motor
5    vehicle owned, leased, or controlled by the State of
6    Illinois with the authorization of the State of Illinois,
7    provided the actual use of the motor vehicle is within the
8    scope of that authorization and within the course of State
9    service.
10        Subsequent to payment of a claim on behalf of an
11    employee pursuant to this Section and after reasonable
12    advance written notice to the employee, the Director may
13    exclude the employee from future coverage or limit the
14    coverage under the plan if (i) the Director determines that
15    the claim resulted from an incident in which the employee
16    was grossly negligent or had engaged in willful and wanton
17    misconduct or (ii) the Director determines that the
18    employee is no longer an acceptable risk based on a review
19    of prior accidents in which the employee was at fault and
20    for which payments were made pursuant to this Section.
21        The Director is authorized to promulgate
22    administrative rules that may be necessary to establish and
23    administer the plan.
24        Appropriations from the Road Fund shall be used to pay
25    auto liability claims and related expenses involving
26    employees of the Department of Transportation, the

 

 

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1    Illinois State Police, and the Secretary of State.
2        (8) Charge, collect, and receive from all other
3    agencies of the State government fees or monies equivalent
4    to the cost of purchasing the insurance.
5        (9) Establish, through the Director, charges for risk
6    management services rendered to State agencies by the
7    Department. The State agencies so charged shall reimburse
8    the Department by vouchers drawn against their respective
9    appropriations. The reimbursement shall be determined by
10    the Director as amounts sufficient to reimburse the
11    Department for expenditures incurred in rendering the
12    service.
13        The Department shall charge the employing State agency
14    or university for workers' compensation payments or
15    court-ordered payments for temporary total disability paid
16    to any employee after the employee has received temporary
17    total disability payments for 120 days if the employee's
18    treating physician has issued a release to return to work
19    with restrictions and the employee is able to perform
20    modified duty work but the employing State agency or
21    university does not return the employee to work at modified
22    duty. Modified duty shall be duties assigned that may or
23    may not be delineated as part of the duties regularly
24    performed by the employee. Modified duties shall be
25    assigned within the prescribed restrictions established by
26    the treating physician and the physician who performed the

 

 

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1    independent medical examination. The amount of all
2    reimbursements shall be deposited into the Workers'
3    Compensation Revolving Fund which is hereby created as a
4    revolving fund in the State treasury. In addition to any
5    other purpose authorized by law, moneys in the Fund shall
6    be used, subject to appropriation, to pay these or other
7    temporary total disability claims of employees of State
8    agencies and universities.
9        Beginning with fiscal year 1996, all amounts recovered
10    by the Department through subrogation in workers'
11    compensation and workers' occupational disease cases or
12    other cases for compensation or treatment for accidental
13    injury or death arising out of and in the course of
14    employment or for compensation or treatment for a disease
15    or death arising out of and in the course of the employment
16    or which has become aggravated and rendered disabling as a
17    result of the exposure of the employment shall be deposited
18    into the Workers' Compensation Revolving Fund created
19    under this subdivision (9).
20        (10) Establish rules, procedures, and forms to be used
21    by State agencies in the administration and payment of
22    workers' compensation claims. The Department shall
23    initially evaluate and determine the compensability of any
24    injury that is the subject of a workers' compensation claim
25    and provide for the administration and payment of such a
26    claim for all State agencies. The Director may delegate to

 

 

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1    any agency with the agreement of the agency head the
2    responsibility for evaluation, administration, and payment
3    of that agency's claims.
4        (11) Any plan for public liability self-insurance
5    implemented under this Section shall provide that (i) the
6    Department shall attempt to settle and may settle any
7    public liability claim filed against the State of Illinois
8    or any public liability claim filed against a State
9    employee on the basis of an occurrence in the course of the
10    employee's State employment; (ii) any settlement of such a
11    claim is not subject to fiscal year limitations and must be
12    approved by the Director and, in cases of settlements
13    exceeding $100,000, by the Governor; and (iii) a settlement
14    of any public liability claim against the State or a State
15    employee shall require an unqualified release of any right
16    of action against the State and the employee for acts
17    within the scope of the employee's employment giving rise
18    to the claim.
19        Whenever and to the extent that a State employee
20    operates a motor vehicle or engages in other activity
21    covered by self-insurance under this Section, the State of
22    Illinois shall defend, indemnify, and hold harmless the
23    employee against any claim in tort filed against the
24    employee for acts or omissions within the scope of the
25    employee's employment in any proper judicial forum and not
26    settled pursuant to this subdivision (11), provided that

 

 

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1    this obligation of the State of Illinois shall not exceed a
2    maximum liability of $2,000,000 for any single occurrence
3    in connection with the operation of a motor vehicle or
4    $100,000 per person per occurrence for any other single
5    occurrence, or $500,000 for any single occurrence in
6    connection with the provision of medical care by a licensed
7    physician employee.
8        Any claims against the State of Illinois under a
9    self-insurance plan that are not settled pursuant to this
10    subdivision (11) shall be heard and determined by the Court
11    of Claims and may not be filed or adjudicated in any other
12    forum. The Attorney General of the State of Illinois or the
13    Attorney General's designee shall be the attorney with
14    respect to all public liability self-insurance claims that
15    are not settled pursuant to this subdivision (11) and
16    therefore result in litigation. The payment of any award of
17    the Court of Claims entered against the State relating to
18    any public liability self-insurance claim shall act as a
19    release against any State employee involved in the
20    occurrence.
21        (12) Administer a plan the purpose of which is to make
22    payments on final settlements or final judgments in
23    accordance with the State Employee Indemnification Act.
24    The plan shall be funded through appropriations from the
25    General Revenue Fund specifically designated for that
26    purpose, except that indemnification expenses for

 

 

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1    employees of the Department of Transportation, the
2    Illinois State Police, and the Secretary of State shall be
3    paid from the Road Fund. The term "employee" as used in
4    this subdivision (12) has the same meaning as under
5    subsection (b) of Section 1 of the State Employee
6    Indemnification Act. Subject to sufficient appropriation,
7    the Director shall approve payment of any claim, without
8    regard to fiscal year limitations, presented to the
9    Director that is supported by a final settlement or final
10    judgment when the Attorney General and the chief officer of
11    the public body against whose employee the claim or cause
12    of action is asserted certify to the Director that the
13    claim is in accordance with the State Employee
14    Indemnification Act and that they approve of the payment.
15    In no event shall an amount in excess of $150,000 be paid
16    from this plan to or for the benefit of any claimant.
17        (13) Administer a plan the purpose of which is to make
18    payments on final settlements or final judgments for
19    employee wage claims in situations where there was an
20    appropriation relevant to the wage claim, the fiscal year
21    and lapse period have expired, and sufficient funds were
22    available to pay the claim. The plan shall be funded
23    through appropriations from the General Revenue Fund
24    specifically designated for that purpose.
25        Subject to sufficient appropriation, the Director is
26    authorized to pay any wage claim presented to the Director

 

 

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1    that is supported by a final settlement or final judgment
2    when the chief officer of the State agency employing the
3    claimant certifies to the Director that the claim is a
4    valid wage claim and that the fiscal year and lapse period
5    have expired. Payment for claims that are properly
6    submitted and certified as valid by the Director shall
7    include interest accrued at the rate of 7% per annum from
8    the forty-fifth day after the claims are received by the
9    Department or 45 days from the date on which the amount of
10    payment is agreed upon, whichever is later, until the date
11    the claims are submitted to the Comptroller for payment.
12    When the Attorney General has filed an appearance in any
13    proceeding concerning a wage claim settlement or judgment,
14    the Attorney General shall certify to the Director that the
15    wage claim is valid before any payment is made. In no event
16    shall an amount in excess of $150,000 be paid from this
17    plan to or for the benefit of any claimant.
18        Nothing in Public Act 84-961 shall be construed to
19    affect in any manner the jurisdiction of the Court of
20    Claims concerning wage claims made against the State of
21    Illinois.
22        (14) Prepare and, in the discretion of the Director,
23    implement a program for self-insurance for official
24    fidelity and surety bonds for officers and employees as
25    authorized by the Official Bond Act.
26(Source: P.A. 96-928, eff. 6-15-10.)
 

 

 

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1    (20 ILCS 405/405-411)
2    Sec. 405-411. Consolidation of workers' compensation
3functions.
4    (a) Notwithstanding any other law to the contrary, the
5Director of Central Management Services, working in
6cooperation with the Director of any other agency, department,
7board, or commission directly responsible to the Governor, may
8direct the consolidation, within the Department of Central
9Management Services, of those workers' compensation functions
10at that agency, department, board, or commission that are
11suitable for centralization.
12    Upon receipt of the written direction to transfer workers'
13compensation functions to the Department of Central Management
14Services, the personnel, equipment, and property (both real and
15personal) directly relating to the transferred functions shall
16be transferred to the Department of Central Management
17Services, and the relevant documents, records, and
18correspondence shall be transferred or copied, as the Director
19may prescribe.
20    (b) Upon receiving written direction from the Director of
21Central Management Services, the Comptroller and Treasurer are
22authorized to transfer the unexpended balance of any
23appropriations related to the workers' compensation functions
24transferred to the Department of Central Management Services
25and shall make the necessary fund transfers from the General

 

 

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1Revenue Fund, any special fund in the State treasury, or any
2other federal or State trust fund held by the Treasurer to the
3Workers' Compensation Revolving Fund for use by the Department
4of Central Management Services in support of workers'
5compensation functions or any other related costs or expenses
6of the Department of Central Management Services.
7    (c) The rights of employees and the State and its agencies
8under the Personnel Code and applicable collective bargaining
9agreements or under any pension, retirement, or annuity plan
10shall not be affected by any transfer under this Section.
11    (d) The functions transferred to the Department of Central
12Management Services by this Section shall be vested in and
13shall be exercised by the Department of Central Management
14Services. Each act done in the exercise of those functions
15shall have the same legal effect as if done by the agencies,
16offices, divisions, departments, bureaus, boards and
17commissions from which they were transferred.
18    Every person or other entity shall be subject to the same
19obligations and duties and any penalties, civil or criminal,
20arising therefrom, and shall have the same rights arising from
21the exercise of such rights, powers, and duties as had been
22exercised by the agencies, offices, divisions, departments,
23bureaus, boards, and commissions from which they were
24transferred.
25    Whenever reports or notices are now required to be made or
26given or papers or documents furnished or served by any person

 

 

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1in regards to the functions transferred to or upon the
2agencies, offices, divisions, departments, bureaus, boards,
3and commissions from which the functions were transferred, the
4same shall be made, given, furnished or served in the same
5manner to or upon the Department of Central Management
6Services.
7    This Section does not affect any act done, ratified, or
8cancelled or any right occurring or established or any action
9or proceeding had or commenced in an administrative, civil, or
10criminal cause regarding the functions transferred, but those
11proceedings may be continued by the Department of Central
12Management Services.
13    This Section does not affect the legality of any rules in
14the Illinois Administrative Code regarding the functions
15transferred in this Section that are in force on the effective
16date of this Section. If necessary, however, the affected
17agencies shall propose, adopt, or repeal rules, rule
18amendments, and rule recodifications as appropriate to
19effectuate this Section.
20    (e) On and after January 1, 2012, "workers' compensation
21functions" also includes functions related to claims for
22compensation or treatment for accidental injury or death
23arising out of and in the course of employment and compensation
24or treatment for a disease or death arising out of and in the
25course of the employment or which has become aggravated and
26rendered disabling as a result of the exposure of the

 

 

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1employment.
2(Source: P.A. 93-839, eff. 7-30-04.)
 
3    Section 5-905. The State Finance Act is amended by changing
4Section 6z-64 as follows:
 
5    (30 ILCS 105/6z-64)
6    Sec. 6z-64. The Workers' Compensation Revolving Fund.
7    (a) The Workers' Compensation Revolving Fund is created as
8a revolving fund, not subject to fiscal year limitations, in
9the State treasury. The following moneys shall be deposited
10into the Fund:
11        (1) amounts authorized for transfer to the Fund from
12    the General Revenue Fund and other State funds (except for
13    funds classified by the Comptroller as federal trust funds
14    or State trust funds) pursuant to State law or Executive
15    Order;
16        (2) federal funds received by the Department of Central
17    Management Services (the "Department") as a result of
18    expenditures from the Fund;
19        (3) interest earned on moneys in the Fund;
20        (4) receipts or inter-fund transfers resulting from
21    billings issued by the Department to State agencies and
22    universities for the cost of workers' compensation
23    services rendered by the Department that are not
24    compensated through the specific fund transfers authorized

 

 

09700SB1933ham001- 22 -LRB097 08608 AEK 55983 a

1    by this Section, if any;
2        (5) amounts received from a State agency or university
3    for workers' compensation payments or court-ordered
4    payments for temporary total disability, as provided in
5    Section 405-105 of the Department of Central Management
6    Services Law of the Civil Administrative Code of Illinois;
7    and
8        (6) amounts recovered through subrogation in workers'
9    compensation and workers' occupational disease cases or
10    other cases for compensation or treatment for accidental
11    injury or death arising out of and in the course of
12    employment or for compensation or treatment for a disease
13    or death arising out of and in the course of the employment
14    or which has become aggravated and rendered disabling as a
15    result of the exposure of the employment.
16    (b) Moneys in the Fund may be used by the Department for
17reimbursement or payment for:
18        (1) providing workers' compensation services to State
19    agencies and State universities; or
20        (2) providing for payment of administrative and other
21    expenses incurred by the Department in providing workers'
22    compensation services.
23    (c) State agencies may direct the Comptroller to process
24inter-fund transfers or make payment through the voucher and
25warrant process to the Workers' Compensation Revolving Fund in
26satisfaction of billings issued under subsection (a) of this

 

 

09700SB1933ham001- 23 -LRB097 08608 AEK 55983 a

1Section.
2    (d) Reconciliation. For the fiscal year beginning on July
31, 2004 only, the Director of Central Management Services (the
4"Director") shall order that each State agency's payments and
5transfers made to the Fund be reconciled with actual Fund costs
6for workers' compensation services provided by the Department
7and attributable to the State agency and relevant fund on no
8less than an annual basis. The Director may require reports
9from State agencies as deemed necessary to perform this
10reconciliation.
11    (d-5) Notwithstanding any other provision of State law to
12the contrary, on or after July 1, 2005 and until June 30, 2006,
13in addition to any other transfers that may be provided for by
14law, at the direction of and upon notification of the Director
15of Central Management Services, the State Comptroller shall
16direct and the State Treasurer shall transfer amounts into the
17Workers' Compensation Revolving Fund from the designated funds
18not exceeding the following totals:
19    Mental Health Fund............................$17,694,000
20    Statistical Services Revolving Fund............$1,252,600
21    Department of Corrections Reimbursement
22        and Education Fund.........................$1,198,600
23    Communications Revolving Fund....................$535,400
24    Child Support Administrative Fund................$441,900
25    Health Insurance Reserve Fund....................$238,900
26    Fire Prevention Fund.............................$234,100

 

 

09700SB1933ham001- 24 -LRB097 08608 AEK 55983 a

1    Park and Conservation Fund.......................$142,000
2    Motor Fuel Tax Fund..............................$132,800
3    Illinois Workers' Compensation
4        Commission Operations Fund...................$123,900
5    State Boating Act Fund...........................$112,300
6    Public Utility Fund..............................$106,500
7    State Lottery Fund...............................$101,300
8    Traffic and Criminal Conviction
9        Surcharge Fund................................$88,500
10    State Surplus Property Revolving Fund.............$82,700
11    Natural Areas Acquisition Fund....................$65,600
12    Securities Audit and Enforcement Fund.............$65,200
13    Agricultural Premium Fund.........................$63,400
14    Capital Development Fund..........................$57,500
15    State Gaming Fund.................................$54,300
16    Underground Storage Tank Fund.....................$53,700
17    Illinois State Medical Disciplinary Fund..........$53,000
18    Personal Property Tax Replacement Fund............$53,000
19    General Professions Dedicated Fund...............$51,900
20    Total                                        $23,003,100
21    (d-10) Notwithstanding any other provision of State law to
22the contrary and in addition to any other transfers that may be
23provided for by law, on the first day of each calendar quarter
24of the fiscal year beginning July 1, 2005, or as soon as may be
25practical thereafter, the State Comptroller shall direct and
26the State Treasurer shall transfer from each designated fund

 

 

09700SB1933ham001- 25 -LRB097 08608 AEK 55983 a

1into the Workers' Compensation Revolving Fund amounts equal to
2one-fourth of each of the following totals:
3    General Revenue Fund......................... $34,000,000
4    Road Fund.................................... $25,987,000
5    Total                                        $59,987,000
6    (d-12) Notwithstanding any other provision of State law to
7the contrary and in addition to any other transfers that may be
8provided for by law, on the effective date of this amendatory
9Act of the 94th General Assembly, or as soon as may be
10practical thereafter, the State Comptroller shall direct and
11the State Treasurer shall transfer from each designated fund
12into the Workers' Compensation Revolving Fund the following
13amounts:
14    General Revenue Fund..........................$10,000,000
15    Road Fund......................................$5,000,000
16    Total                                        $15,000,000
17    (d-15) Notwithstanding any other provision of State law to
18the contrary and in addition to any other transfers that may be
19provided for by law, on July 1, 2006, or as soon as may be
20practical thereafter, the State Comptroller shall direct and
21the State Treasurer shall transfer from each designated fund
22into the Workers' Compensation Revolving Fund the following
23amounts:
24    General Revenue Fund.........................$44,028,200
25    Road Fund....................................$28,084,000
26    Total                                        $72,112,200

 

 

09700SB1933ham001- 26 -LRB097 08608 AEK 55983 a

1    (d-20) Notwithstanding any other provision of State law to
2the contrary, on or after July 1, 2006 and until June 30, 2007,
3in addition to any other transfers that may be provided for by
4law, at the direction of and upon notification of the Director
5of Central Management Services, the State Comptroller shall
6direct and the State Treasurer shall transfer amounts into the
7Workers' Compensation Revolving Fund from the designated funds
8not exceeding the following totals:
9    Mental Health Fund............................$19,121,800
10    Statistical Services Revolving Fund............$1,353,700
11    Department of Corrections Reimbursement
12        and Education Fund.........................$1,295,300
13    Communications Revolving Fund....................$578,600
14    Child Support Administrative Fund................$477,600
15    Health Insurance Reserve Fund....................$258,200
16    Fire Prevention Fund.............................$253,000
17    Park and Conservation Fund.......................$153,500
18    Motor Fuel Tax Fund..............................$143,500
19    Illinois Workers' Compensation
20        Commission Operations Fund...................$133,900
21    State Boating Act Fund...........................$121,400
22    Public Utility Fund..............................$115,100
23    State Lottery Fund...............................$109,500
24    Traffic and Criminal Conviction Surcharge Fund....$95,700
25    State Surplus Property Revolving Fund.............$89,400
26    Natural Areas Acquisition Fund....................$70,800

 

 

09700SB1933ham001- 27 -LRB097 08608 AEK 55983 a

1    Securities Audit and Enforcement Fund.............$70,400
2    Agricultural Premium Fund.........................$68,500
3    State Gaming Fund.................................$58,600
4    Underground Storage Tank Fund.....................$58,000
5    Illinois State Medical Disciplinary Fund..........$57,200
6    Personal Property Tax Replacement Fund............$57,200
7    General Professions Dedicated Fund...............$56,100
8    Total                                        $24,797,000
9    (d-25) Notwithstanding any other provision of State law to
10the contrary and in addition to any other transfers that may be
11provided for by law, on July 1, 2009, or as soon as may be
12practical thereafter, the State Comptroller shall direct and
13the State Treasurer shall transfer from each designated fund
14into the Workers' Compensation Revolving Fund the following
15amounts:
16    General Revenue Fund.........................$55,000,000
17    Road Fund....................................$34,803,000
18    Total                                        $89,803,000
19    (d-30) Notwithstanding any other provision of State law to
20the contrary, on or after July 1, 2009 and until June 30, 2010,
21in addition to any other transfers that may be provided for by
22law, at the direction of and upon notification of the Director
23of Central Management Services, the State Comptroller shall
24direct and the State Treasurer shall transfer amounts into the
25Workers' Compensation Revolving Fund from the designated funds
26not exceeding the following totals:

 

 

09700SB1933ham001- 28 -LRB097 08608 AEK 55983 a

1    Food and Drug Safety Fund.........................$13,900
2    Teacher Certificate Fee Revolving Fund.............$6,500
3    Transportation Regulatory Fund....................$14,500
4    Financial Institution Fund........................$25,200
5    General Professions Dedicated Fund................$25,300
6    Illinois Veterans' Rehabilitation Fund............$64,600
7    State Boating Act Fund...........................$177,100
8    State Parks Fund.................................$104,300
9    Lobbyist Registration Administration Fund.........$14,400
10    Agricultural Premium Fund.........................$79,100
11    Fire Prevention Fund.............................$360,200
12    Mental Health Fund.............................$9,725,200
13    Illinois State Pharmacy Disciplinary Fund..........$5,600
14    Public Utility Fund...............................$40,900
15    Radiation Protection Fund.........................$14,200
16    Firearm Owner's Notification Fund..................$1,300
17    Solid Waste Management Fund.......................$74,100
18    Illinois Gaming Law Enforcement Fund..............$17,800
19    Subtitle D Management Fund........................$14,100
20    Illinois State Medical Disciplinary Fund..........$26,500
21    Facility Licensing Fund...........................$11,700
22    Plugging and Restoration Fund......................$9,100
23    Explosives Regulatory Fund.........................$2,300
24    Aggregate Operations Regulatory Fund...............$5,000
25    Coal Mining Regulatory Fund........................$1,900
26    Registered Certified Public Accountants'

 

 

09700SB1933ham001- 29 -LRB097 08608 AEK 55983 a

1        Administration and Disciplinary Fund...........$1,500
2    Weights and Measures Fund.........................$56,100
3    Division of Corporations Registered
4        Limited Liability Partnership Fund.............$3,900
5    Illinois School Asbestos Abatement Fund...........$14,000
6    Secretary of State Special License Plate Fund.....$30,700
7    Capital Development Board Revolving Fund..........$27,000
8    DCFS Children's Services Fund.....................$69,300
9    Asbestos Abatement Fund...........................$17,200
10    Illinois Health Facilities Planning Fund..........$26,800
11    Emergency Public Health Fund.......................$5,600
12    Nursing Dedicated and Professional Fund...........$10,000
13    Optometric Licensing and Disciplinary
14        Board Fund.....................................$1,600
15    Underground Resources Conservation
16        Enforcement Fund..............................$11,500
17    Drunk and Drugged Driving Prevention Fund.........$18,200
18    Long Term Care Monitor/Receiver Fund..............$35,400
19    Community Water Supply Laboratory Fund.............$5,600
20    Securities Investors Education Fund................$2,000
21    Used Tire Management Fund.........................$32,400
22    Natural Areas Acquisition Fund...................$101,200
23    Open Space Lands Acquisition
24        and Development Fund..................$28,400
25    Working Capital Revolving Fund...................$489,100
26    State Garage Revolving Fund......................$791,900

 

 

09700SB1933ham001- 30 -LRB097 08608 AEK 55983 a

1    Statistical Services Revolving Fund............$3,984,700
2    Communications Revolving Fund..................$1,432,800
3    Facilities Management Revolving Fund...........$1,911,600
4    Professional Services Fund.......................$483,600
5    Motor Vehicle Review Board Fund...................$15,000
6    Environmental Laboratory Certification Fund........$3,000
7    Public Health Laboratory Services
8        Revolving Fund.................................$2,500
9    Lead Poisoning Screening, Prevention,
10        and Abatement Fund............................$28,200
11    Securities Audit and Enforcement Fund............$258,400
12    Department of Business Services
13        Special Operations Fund......................$111,900
14    Feed Control Fund.................................$20,800
15    Tanning Facility Permit Fund.......................$5,400
16    Plumbing Licensure and Program Fund...............$24,400
17    Tax Compliance and Administration Fund............$27,200
18    Appraisal Administration Fund......................$2,400
19    Small Business Environmental Assistance Fund.......$2,200
20    Illinois State Fair Fund..........................$31,400
21    Secretary of State Special Services Fund.........$317,600
22    Department of Corrections Reimbursement
23        and Education Fund...........................$324,500
24    Health Facility Plan Review Fund..................$31,200
25    Illinois Historic Sites Fund......................$11,500
26    Attorney General Court Ordered and Voluntary

 

 

09700SB1933ham001- 31 -LRB097 08608 AEK 55983 a

1        Compliance Payment Projects Fund..............$18,500
2    Public Pension Regulation Fund.....................$5,600
3    Illinois Charity Bureau Fund......................$11,400
4    Renewable Energy Resources Trust Fund..............$6,700
5    Energy Efficiency Trust Fund.......................$3,600
6    Pesticide Control Fund............................$56,800
7    Attorney General Whistleblower Reward
8        and Protection Fund...........................$14,200
9    Partners for Conservation Fund....................$36,900
10    Capital Litigation Trust Fund........................$800
11    Motor Vehicle License Plate Fund..................$99,700
12    Horse Racing Fund.................................$18,900
13    Death Certificate Surcharge Fund..................$12,800
14    Auction Regulation Administration Fund...............$500
15    Motor Carrier Safety Inspection Fund..............$55,800
16    Assisted Living and Shared Housing
17        Regulatory Fund..................................$900
18    Illinois Thoroughbred Breeders Fund................$9,200
19    Illinois Clean Water Fund.........................$42,300
20    Secretary of State DUI Administration Fund........$16,100
21    Child Support Administrative Fund..............$1,037,900
22    Secretary of State Police Services Fund............$1,200
23    Tourism Promotion Fund............................$34,400
24    IMSA Income Fund..................................$12,700
25    Presidential Library and Museum Operating Fund....$83,000
26    Dram Shop Fund....................................$44,500

 

 

09700SB1933ham001- 32 -LRB097 08608 AEK 55983 a

1    Illinois State Dental Disciplinary Fund............$5,700
2    Cycle Rider Safety Training Fund...................$8,700
3    Traffic and Criminal Conviction Surcharge Fund...$106,100
4    Design Professionals Administration
5        and Investigation Fund.........................$4,500
6    State Police Services Fund.......................$276,100
7    Metabolic Screening and Treatment Fund............$90,800
8    Insurance Producer Administration Fund............$45,600
9    Coal Technology Development Assistance Fund.......$11,700
10    Hearing Instrument Dispenser Examining
11        and Disciplinary Fund..........................$1,900
12    Low-Level Radioactive Waste Facility
13        Development and Operation Fund.................$1,000
14    Environmental Protection Permit and
15        Inspection Fund...............................$66,900
16    Park and Conservation Fund.......................$199,300
17    Local Tourism Fund.................................$2,400
18    Illinois Capital Revolving Loan Fund..............$10,000
19    Large Business Attraction Fund.......................$100
20    Adeline Jay Geo-Karis Illinois Beach
21        Marina Fund...................................$27,200
22    Public Infrastructure Construction
23        Loan Revolving Fund............................$1,700
24    Insurance Financial Regulation Fund...............$69,200
25    Total                                        $24,197,800
26    (d-35) Notwithstanding any other provision of State law to

 

 

09700SB1933ham001- 33 -LRB097 08608 AEK 55983 a

1the contrary and in addition to any other transfers that may be
2provided for by law, on July 1, 2010, or as soon as may be
3practical thereafter, the State Comptroller shall direct and
4the State Treasurer shall transfer from each designated fund
5into the Workers' Compensation Revolving Fund the following
6amounts:
7    General Revenue Fund.........................$55,000,000
8    Road Fund....................................$50,955,300
9    Total                                       $105,955,300
10    (d-40) Notwithstanding any other provision of State law to
11the contrary, on or after July 1, 2010 and until June 30, 2011,
12in addition to any other transfers that may be provided for by
13law, at the direction of and upon notification of the Director
14of Central Management Services, the State Comptroller shall
15direct and the State Treasurer shall transfer amounts into the
16Workers' Compensation Revolving Fund from the designated funds
17not exceeding the following totals:
18    Food and Drug Safety Fund.........................$8,700
19    Financial Institution Fund.......................$44,500
20    General Professions Dedicated Fund...............$51,400
21    Live and Learn Fund..............................$10,900
22    Illinois Veterans' Rehabilitation Fund..........$106,000
23    State Boating Act Fund..........................$288,200
24    State Parks Fund................................$185,900
25    Wildlife and Fish Fund........................$1,550,300
26    Lobbyist Registration Administration Fund........$18,100

 

 

09700SB1933ham001- 34 -LRB097 08608 AEK 55983 a

1    Agricultural Premium Fund.......................$176,100
2    Mental Health Fund..............................$291,900
3    Firearm Owner's Notification Fund.................$2,300
4    Illinois Gaming Law Enforcement Fund.............$11,300
5    Illinois State Medical Disciplinary Fund.........$42,300
6    Facility Licensing Fund..........................$14,200
7    Plugging and Restoration Fund....................$15,600
8    Explosives Regulatory Fund........................$4,800
9    Aggregate Operations Regulatory Fund..............$6,000
10    Coal Mining Regulatory Fund.......................$7,200
11    Registered Certified Public Accountants'
12        Administration and Disciplinary Fund..........$1,900
13    Weights and Measures Fund.......................$105,200
14    Division of Corporations Registered
15        Limited Liability Partnership Fund............$5,300
16    Illinois School Asbestos Abatement Fund..........$19,900
17    Secretary of State Special License Plate Fund....$38,700
18    DCFS Children's Services Fund...................$123,100
19    Illinois Health Facilities Planning Fund.........$29,700
20    Emergency Public Health Fund......................$6,800
21    Nursing Dedicated and Professional Fund..........$13,500
22    Optometric Licensing and Disciplinary
23        Board Fund....................................$1,800
24    Underground Resources Conservation
25        Enforcement Fund.............................$16,500
26    Mandatory Arbitration Fund........................$5,400

 

 

09700SB1933ham001- 35 -LRB097 08608 AEK 55983 a

1    Drunk and Drugged Driving Prevention Fund........$26,400
2    Long Term Care Monitor/Receiver Fund.............$43,800
3    Securities Investors Education Fund..............$28,500
4    Used Tire Management Fund.........................$6,300
5    Natural Areas Acquisition Fund..................$185,000
6    Open Space Lands Acquisition and
7        Development Fund.............................$46,800
8    Working Capital Revolving Fund..................$741,500
9    State Garage Revolving Fund.....................$356,200
10    Statistical Services Revolving Fund...........$1,775,900
11    Communications Revolving Fund...................$630,600
12    Facilities Management Revolving Fund............$870,800
13    Professional Services Fund......................$275,500
14    Motor Vehicle Review Board Fund..................$12,900
15    Public Health Laboratory Services
16        Revolving Fund................................$5,300
17    Lead Poisoning Screening, Prevention,
18        and Abatement Fund...........................$42,100
19    Securities Audit and Enforcement Fund...........$162,700
20    Department of Business Services
21        Special Operations Fund.....................$143,700
22    Feed Control Fund................................$32,300
23    Tanning Facility Permit Fund......................$3,900
24    Plumbing Licensure and Program Fund..............$32,600
25    Tax Compliance and Administration Fund...........$48,400
26    Appraisal Administration Fund.....................$3,600

 

 

09700SB1933ham001- 36 -LRB097 08608 AEK 55983 a

1    Illinois State Fair Fund.........................$30,200
2    Secretary of State Special Services Fund........$214,400
3    Department of Corrections Reimbursement
4        and Education Fund..........................$438,300
5    Health Facility Plan Review Fund.................$29,900
6    Public Pension Regulation Fund....................$9,900
7    Pesticide Control Fund..........................$107,500
8    Partners for Conservation Fund..................$189,300
9    Motor Vehicle License Plate Fund................$143,800
10    Horse Racing Fund................................$20,900
11    Death Certificate Surcharge Fund.................$16,800
12    Auction Regulation Administration Fund............$1,000
13    Motor Carrier Safety Inspection Fund.............$56,800
14    Assisted Living and Shared Housing
15        Regulatory Fund...............................$2,200
16    Illinois Thoroughbred Breeders Fund..............$18,100
17    Secretary of State DUI Administration Fund.......$19,800
18    Child Support Administrative Fund.............$1,809,500
19    Secretary of State Police Services Fund...........$2,500
20    Medical Special Purposes Trust Fund..............$20,400
21    Dram Shop Fund...................................$57,200
22    Illinois State Dental Disciplinary Fund...........$9,500
23    Cycle Rider Safety Training Fund.................$12,200
24    Traffic and Criminal Conviction Surcharge Fund..$128,900
25    Design Professionals Administration
26        and Investigation Fund........................$7,300

 

 

09700SB1933ham001- 37 -LRB097 08608 AEK 55983 a

1    State Police Services Fund......................$335,700
2    Metabolic Screening and Treatment Fund...........$81,600
3    Insurance Producer Administration Fund...........$77,000
4    Hearing Instrument Dispenser Examining
5        and Disciplinary Fund.........................$1,900
6    Park and Conservation Fund......................$361,500
7    Adeline Jay Geo-Karis Illinois Beach
8        Marina Fund..................................$42,800
9    Insurance Financial Regulation Fund.............$108,000
10    Total                                        $13,033,200
11    (e) The term "workers' compensation services" means
12services, claims expenses, and related administrative costs
13incurred in performing the duties under Sections 405-105 and
14405-411 of the Department of Central Management Services Law of
15the Civil Administrative Code of Illinois and performing
16similar duties with respect to actions for compensation or
17treatment for accidental injury or death arising out of and in
18the course of employment or for compensation or treatment for a
19disease or death arising out of and in the course of the
20employment or which has become aggravated and rendered
21disabling as a result of the exposure of the employment.
22(Source: P.A. 95-744, eff. 7-18-08; 96-45, eff. 7-15-09;
2396-959, eff. 7-1-10.)
 
24    Section 5-910. The Illinois Insurance Code is amended by
25adding Section 5.1 as follows:
 

 

 

09700SB1933ham001- 38 -LRB097 08608 AEK 55983 a

1    (215 ILCS 5/5.1 new)
2    Sec. 5.1. Workplace injuries and occupational diseases.
3Nothing in this Code shall be construed to require an employer
4to maintain insurance covering the employer's liability for
5compensation or treatment for causes of action accruing on or
6after January 1, 2012.
7    The Department and the Department of Labor shall adopt
8rules setting forth appropriate insurance or self-insurance
9requirements for employers with respect to their obligations to
10employees for causes of action accruing before January 1, 2012.
11    As used in this Section, "cause of action" has the meaning
12ascribed to that term in Section 5-5 of the Workers'
13Compensation and Workers' Occupational Diseases Transfer and
14Transition Act.
 
15    Section 5-915. The Court of Claims Act is amended by
16changing Sections 8, 9, and 22 as follows:
 
17    (705 ILCS 505/8)   (from Ch. 37, par. 439.8)
18    Sec. 8. Court of Claims jurisdiction; deliberation
19periods. The court shall have exclusive jurisdiction to hear
20and determine the following matters:
21    (a) All claims against the State founded upon any law of
22the State of Illinois or upon any regulation adopted thereunder
23by an executive or administrative officer or agency; provided,

 

 

09700SB1933ham001- 39 -LRB097 08608 AEK 55983 a

1however, the court shall not have jurisdiction (i) to hear or
2determine claims arising under the Workers' Compensation Act or
3the Workers' Occupational Diseases Act, or claims for expenses
4in civil litigation, or (ii) to review administrative decisions
5for which a statute provides that review shall be in the
6circuit or appellate court.
7    (b) All claims against the State founded upon any contract
8entered into with the State of Illinois.
9    (c) All claims against the State for time unjustly served
10in prisons of this State when the person imprisoned received a
11pardon from the governor stating that such pardon is issued on
12the ground of innocence of the crime for which he or she was
13imprisoned or he or she received a certificate of innocence
14from the Circuit Court as provided in Section 2-702 of the Code
15of Civil Procedure; provided, the amount of the award is at the
16discretion of the court; and provided, the court shall make no
17award in excess of the following amounts: for imprisonment of 5
18years or less, not more than $85,350; for imprisonment of 14
19years or less but over 5 years, not more than $170,000; for
20imprisonment of over 14 years, not more than $199,150; and
21provided further, the court shall fix attorney's fees not to
22exceed 25% of the award granted. On or after the effective date
23of this amendatory Act of the 95th General Assembly, the court
24shall annually adjust the maximum awards authorized by this
25subsection (c) to reflect the increase, if any, in the Consumer
26Price Index For All Urban Consumers for the previous calendar

 

 

09700SB1933ham001- 40 -LRB097 08608 AEK 55983 a

1year, as determined by the United States Department of Labor,
2except that no annual increment may exceed 5%. For the annual
3adjustments, if the Consumer Price Index decreases during a
4calendar year, there shall be no adjustment for that calendar
5year. The transmission by the Prisoner Review Board or the
6clerk of the circuit court of the information described in
7Section 11(b) to the clerk of the Court of Claims is conclusive
8evidence of the validity of the claim. The changes made by this
9amendatory Act of the 95th General Assembly apply to all claims
10pending on or filed on or after the effective date.
11    (d) All claims against the State for damages in cases
12sounding in tort, if a like cause of action would lie against a
13private person or corporation in a civil suit, and all like
14claims sounding in tort against the Medical Center Commission,
15the Board of Trustees of the University of Illinois, the Board
16of Trustees of Southern Illinois University, the Board of
17Trustees of Chicago State University, the Board of Trustees of
18Eastern Illinois University, the Board of Trustees of Governors
19State University, the Board of Trustees of Illinois State
20University, the Board of Trustees of Northeastern Illinois
21University, the Board of Trustees of Northern Illinois
22University, the Board of Trustees of Western Illinois
23University, or the Board of Trustees of the Illinois
24Mathematics and Science Academy; provided, that an award for
25damages in a case sounding in tort, other than certain cases
26involving the operation of a State vehicle described in this

 

 

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1paragraph, shall not exceed the sum of $100,000 to or for the
2benefit of any claimant. The $100,000 limit prescribed by this
3Section does not apply to an award of damages in any case
4sounding in tort arising out of the operation by a State
5employee of a vehicle owned, leased or controlled by the State.
6The defense that the State or the Medical Center Commission or
7the Board of Trustees of the University of Illinois, the Board
8of Trustees of Southern Illinois University, the Board of
9Trustees of Chicago State University, the Board of Trustees of
10Eastern Illinois University, the Board of Trustees of Governors
11State University, the Board of Trustees of Illinois State
12University, the Board of Trustees of Northeastern Illinois
13University, the Board of Trustees of Northern Illinois
14University, the Board of Trustees of Western Illinois
15University, or the Board of Trustees of the Illinois
16Mathematics and Science Academy is not liable for the
17negligence of its officers, agents, and employees in the course
18of their employment is not applicable to the hearing and
19determination of such claims.
20    (e) All claims for recoupment made by the State of Illinois
21against any claimant.
22    (f) All claims pursuant to the Line of Duty Compensation
23Act. A claim under that Act must be heard and determined within
24one year after the application for that claim is filed with the
25Court as provided in that Act.
26    (g) All claims filed pursuant to the Crime Victims

 

 

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1Compensation Act.
2    (h) All claims pursuant to the Illinois National
3Guardsman's Compensation Act. A claim under that Act must be
4heard and determined within one year after the application for
5that claim is filed with the Court as provided in that Act.
6    (i) All claims authorized by subsection (a) of Section
710-55 of the Illinois Administrative Procedure Act for the
8expenses incurred by a party in a contested case on the
9administrative level.
10    (j) All claims against the State over which the Illinois
11Workers' Compensation Commission is divested of jurisdiction
12on December 31, 2011 under Section 5-10 of the Workers'
13Compensation and Workers' Occupational Diseases Transfer and
14Transition Act. Those claims are transferred to the Court of
15Claims, which assumes jurisdiction over those actions on
16January 1, 2012. Each such claim shall be decided in accordance
17with the substantive law that was in effect when the cause of
18action accrued. Procedure shall be governed by court rule. The
19Illinois Workers' Compensation Commission shall deliver to the
20Court of Claims all records, documents, communications, and
21other materials in its possession relating to those claims and
22relating to all claims that are on appeal, claims for which the
23time for filing an appeal has not expired, and claims that may
24be subject to modification.
25    (k) All claims against the State for compensation or
26treatment for accidental injury or death arising out of and in

 

 

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1the course of employment and for compensation or treatment for
2a disease or death arising out of and in the course of the
3employment or which has become aggravated and rendered
4disabling as a result of the exposure of the employment that
5accrued before January 1, 2012. Any such claim may be brought
6within the time limits that were in effect when the cause of
7action accrued. The claim shall be decided in accordance with
8the substantive law that was in effect when the cause of action
9accrued. Procedure shall be governed by court rule.
10    (l) All claims against the State for compensation or
11treatment for accidental injury or death arising out of and in
12the course of employment and for compensation or treatment for
13a disease or death arising out of and in the course of the
14employment or which has become aggravated and rendered
15disabling as a result of the exposure of the employment that
16accrue on or after January 1, 2012.
17(Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
 
18    (705 ILCS 505/9)  (from Ch. 37, par. 439.9)
19    Sec. 9. The court may: A. Establish rules for its
20government and for the regulation of practice therein; appoint
21commissioners to assist the court in such manner as it directs
22and discharge them at will; and exercise such powers as are
23necessary to carry into effect the powers granted in this
24Section. Any Commissioner appointed shall be an attorney
25licensed to practice law in the State of Illinois. The rules

 

 

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1established hereunder shall not be waived, and any extension of
2time authorized by such rules shall only be allowed on motion
3duly filed within the time limitation for which the extension
4is requested.
5    B. Issue subpoenas through the Chief Justice or one of its
6judges or commissioners to require the attendance of witnesses
7for the purpose of testifying before it, or before any judge of
8the court, or before any notary public, or any of its
9commissioners, and to require the production of any books,
10records, papers or documents that may be material or relevant
11as evidence in any matter pending before it. In case any person
12refuses to comply with any subpoena issued in the name of the
13chief justice, or one of the judges or commissioners, attested
14by the clerk, with the seal of the court attached, and served
15upon the person named therein as a summons in a civil action is
16served, the circuit court of the proper county, on application
17of the party at whose instance the subpoena was issued, shall
18compel obedience by attachment proceedings, as for contempt, as
19in a case of a disobedience of the requirements of a subpoena
20from such court on a refusal to testify therein.
21    C. Enter temporary orders providing for medical care,
22rehabilitation, disability payments, and other appropriate
23temporary relief in accordance with the relevant standards of
24Section 8 of the Workers' Compensation Act as that Section
25existed immediately before its repeal in claims against the
26State for compensation or treatment for accidental injury or

 

 

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1death arising out of and in the course of employment and for
2compensation or treatment for a disease or death arising out of
3and in the course of the employment or which has become
4aggravated and rendered disabling as a result of the exposure
5of the employment that accrue on or after January 1, 2012,
6notwithstanding the repeal of the Workers' Compensation Act and
7the Workers' Occupational Diseases Act. A temporary order may
8be revoked or modified before final judgment for good cause
9shown. A temporary order terminates when a final judgment is
10entered or when the action is dismissed.
11(Source: P.A. 83-865.)
 
12    (705 ILCS 505/22)  (from Ch. 37, par. 439.22)
13    Sec. 22. Except as otherwise provided in subsection (k) of
14Section 8, every Every claim cognizable by the Court and not
15otherwise sooner barred by law shall be forever barred from
16prosecution therein unless it is filed with the Clerk of the
17Court within the time set forth as follows:
18    (a) All claims arising out of a contract must be filed
19within 5 years after it first accrues, saving to minors, and
20persons under legal disability at the time the claim accrues,
21in which cases the claim must be filed within 5 years from the
22time the disability ceases.
23    (b) All claims cognizable against the State by vendors of
24goods or services under "The Illinois Public Aid Code",
25approved April 11, 1967, as amended, must file within one year

 

 

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1after the accrual of the cause of action, as provided in
2Section 11-13 of that Code.
3    (c) All claims arising under paragraph (c) of Section 8 of
4this Act must be automatically heard by the court within 120
5days after the person asserting such claim is either issued a
6certificate of innocence from the Circuit Court as provided in
7Section 2-702 of the Code of Civil Procedure, or is granted a
8pardon by the Governor, whichever occurs later, without the
9person asserting the claim being required to file a petition
10under Section 11 of this Act, except as otherwise provided by
11the Crime Victims Compensation Act. Any claims filed by the
12claimant under paragraph (c) of Section 8 of this Act must be
13filed within 2 years after the person asserting such claim is
14either issued a certificate of innocence as provided in Section
152-702 of the Code of Civil Procedure, or is granted a pardon by
16the Governor, whichever occurs later.
17    (d) All claims arising under paragraph (f) of Section 8 of
18this Act must be filed within the time set forth in Section 3
19of the Line of Duty Compensation Act.
20    (e) All claims arising under paragraph (h) of Section 8 of
21this Act must be filed within one year of the date of the death
22of the guardsman or militiaman as provided in Section 3 of the
23"Illinois National Guardsman's and Naval Militiaman's
24Compensation Act", approved August 12, 1971, as amended.
25    (f) All claims arising under paragraph (g) of Section 8 of
26this Act must be filed within one year of the crime on which a

 

 

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1claim is based as provided in Section 6.1 of the "Crime Victims
2Compensation Act", approved August 23, 1973, as amended.
3    (g) All claims arising from the Comptroller's refusal to
4issue a replacement warrant pursuant to Section 10.10 of the
5State Comptroller Act must be filed within 5 years after the
6issue date of such warrant.
7    (h) All other claims must be filed within 2 years after it
8first accrues, saving to minors, and persons under legal
9disability at the time the claim accrues, in which case the
10claim must be filed within 2 years from the time the disability
11ceases.
12    (i) The changes made by this amendatory Act of 1989 shall
13apply to all warrants issued within the 5 year period preceding
14the effective date of this amendatory Act of 1989.
15    (j) All time limitations established under this Act and the
16rules promulgated under this Act shall be binding and
17jurisdictional, except upon extension authorized by law or rule
18and granted pursuant to a motion timely filed.
19(Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08;
2096-328, eff. 8-11-09.)
 
21
ARTICLE 99. EFFECTIVE DATE

 
22    Section 99-1. Effective date. This Act takes effect January
231, 2012.".