HB1032 EngrossedLRB097 03852 AEK 43891 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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 The Workers' Compensation Act is repealed.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
14"this Act" mean this Article.
 
15    Section 5-5. Definitions. As used in this Act:
16    "Cause of action" includes a cause of action for
17compensation or treatment for accidental injury or death
18arising out of and in the course of employment and a cause of
19action for compensation or treatment for a disease or death

 

 

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1arising out of and in the course of the employment or which has
2become aggravated and rendered disabling as a result of the
3exposure of the employment.
4    "Commission" means the Illinois Workers' Compensation
5Commission.
6    "Department" means the Department of Labor.
7    "Director" means the Director of Labor.
 
8    Section 5-10. General provisions.
9    (a) Except as otherwise provided in this Act, the
10provisions of the repealed Workers' Compensation Act and the
11repealed Workers' Occupational Diseases Act do not apply to any
12cause of action accruing on or after January 1, 2012.
13    (b) On January 1, 2012, the Commission is divested of
14jurisdiction over all actions over which it had jurisdiction on
15December 31, 2011. Except for claims against the State that are
16subject to Section 8 of the Court of Claims Act, all actions
17over which the Commission had jurisdiction on December 31, 2011
18are transferred to the Supreme Court for assignment to the
19circuit courts, which assume jurisdiction over those actions on
20January 1, 2012. Each such action shall be decided in
21accordance with the substantive law that was in effect when the
22cause of action accrued. Procedure shall be governed by court
23rule. The Commission shall deliver to the Supreme Court all
24records, documents, communications, and other materials in its
25possession relating to those actions and relating to all

 

 

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

 

 

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1court. The circuit court shall enter a final judgment or order
2fully disposing of any such appeal.
3    (f) If a cause of action accrued before January 1, 2012,
4venue shall lie in the county in which the alleged accidental
5injury or last exposure occurred, unless the alleged accidental
6injury or last exposure occurred outside Illinois and the
7claimant resides in Illinois, in which case venue shall lie in
8the county in which the claimant resides. In matters not
9covered by the preceding sentence in which the cause of action
10accrued before January 1, 2012, venue shall lie in either
11Sangamon County, Cook County, or a county in which a person
12alleged to have violated the Workers' Compensation Act or the
13Workers' Occupational Diseases Act is located.
 
14    Section 5-15. Abolition of Commission; succession. Upon
15carrying out its responsibilities under this Act, the
16Commission is abolished. For purposes of the Successor Agency
17Act and Section 9b of the State Finance Act, the Department is
18the successor to the Commission. Except as otherwise provided
19in subsection (b) of Section 5-10, the Department succeeds to
20and assumes all powers, duties, rights, responsibilities,
21personnel, assets, liabilities, and indebtedness of the
22Commission. Any reference in any law, rule, form, or other
23document to the Commission is deemed to be a reference to the
24Department, except in the case of references in any law, rule,
25form, or other document to the Commission in its function as a

 

 

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1tribunal, in which case those references shall be deemed to be
2references to the appropriate court. Transfers of personnel or
3abolition of positions that are subject to the Personnel Code
4shall be determined by the Department in accordance with the
5Personnel Code.
 
6    Section 5-20. Temporary orders. In a proceeding arising
7from a cause of action that accrues on or after January 1,
82012, the court may, notwithstanding the repeal of the Workers'
9Compensation Act and the Workers' Occupational Diseases Act,
10enter temporary orders providing for medical care,
11rehabilitation, disability payments, and other appropriate
12temporary relief in accordance with the relevant standards of
13Section 8 of the Workers' Compensation Act as that Section
14existed immediately before its repeal. A temporary order may be
15revoked or modified before final judgment for good cause shown.
16A temporary order terminates when a final judgment is entered
17or when the action is dismissed.
 
18    Section 5-25. Funds. The Department shall administer the
19Injured Workers' Benefit Fund, the Rate Adjustment Fund, the
20Illinois Workers' Compensation Commission Operations Fund, the
21Self-Insurers Administration Fund, the Self-Insurers Security
22Fund, the Workers' Compensation Benefit Trust Fund, and the
23Second Injury Fund. Subject to appropriation, the Department is
24authorized to use those funds to pay obligations incurred under

 

 

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1the Workers' Compensation Act and the Workers' Occupational
2Diseases Act, obligations incurred under the cases decided in
3accordance with substantive provisions Workers' Compensation
4Act and the Workers' Occupational Diseases Act as those Acts
5existed before their repeal, obligations incurred in cases
6decided under the provisions of the Workers' Compensation Act
7and the Workers' Occupational Diseases Act as those Acts
8existed before their repeal, and costs and expenses incurred by
9the Department in carrying out its responsibilities under this
10Act. Upon receiving written direction from the Director, the
11Comptroller and Treasurer shall make transfers among any of the
12Funds that are necessary to effectuate the purposes of this
13Section.
 
14    Section 5-30. Employers, insurers, and other entities.
15    (a) The Department may bring an action in the circuit court
16to impose penalties, other than criminal penalties, for a
17violation of the Workers' Compensation Act or the Workers'
18Occupational Diseases Act that occurred before January 1, 2012
19or to enforce compliance by any person with any requirement of
20the Workers' Compensation Act or the Workers' Occupational
21Diseases Act applying to the person that existed before January
221, 2012.
23    (b) The Department and the Department of Insurance shall
24adopt rules setting forth appropriate insurance or
25self-insurance requirements for employers with respect to

 

 

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1their obligations to employees for causes of action accruing
2before January 1, 2012.
3    (c) If an employer, insurer, or other entity was required
4to pay contributions or assessments to the Commission under the
5Workers' Compensation Act or the Workers' Occupational
6Diseases Act for any period that began before January 1, 2012,
7regardless of whether those payments were to be made before,
8on, or after January 1, 2012, the employer, insurer, or other
9entity shall pay those contributions or assessments accruing
10through December 31, 2011 as though those Acts had not been
11repealed. The Department shall ensure that those payments are
12made in a timely fashion and shall adopt rules for the
13collection of those payments and the imposition of appropriate
14penalties for any failure to make timely payments.
 
15    Section 5-35. Offsets. To the extent any other benefits
16were offset by the amount of payments under the Workers'
17Compensation Act or the Workers' Occupational Diseases Act,
18those benefits shall be offset by the amount of payments for
19accidental injury or death arising out of and in the course of
20employment or for a disease or death arising out of and in the
21course of the employment or which has become aggravated and
22rendered disabling as a result of the exposure of the
23employment. To the extent the amount of payments under the
24Workers' Compensation Act or the Workers' Occupational
25Diseases Act were offset by any other benefits, the amount of

 

 

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1payments for accidental injury or death arising out of and in
2the course of employment or for a disease or death arising out
3of and in the course of the employment or which has become
4aggravated and rendered disabling as a result of the exposure
5of the employment shall be offset by those benefits.
 
6    Section 5-900. The Department of Central Management
7Services Law of the Civil Administrative Code of Illinois is
8amended by changing Sections 405-105 and 405-411 as follows:
 
9    (20 ILCS 405/405-105)  (was 20 ILCS 405/64.1)
10    Sec. 405-105. Fidelity, surety, property, and casualty
11insurance. The Department shall establish and implement a
12program to coordinate the handling of all fidelity, surety,
13property, and casualty insurance exposures of the State and the
14departments, divisions, agencies, branches, and universities
15of the State. In performing this responsibility, the Department
16shall have the power and duty to do the following:
17        (1) Develop and maintain loss and exposure data on all
18    State property.
19        (2) Study the feasibility of establishing a
20    self-insurance plan for State property and prepare
21    estimates of the costs of reinsurance for risks beyond the
22    realistic limits of the self-insurance.
23        (3) Prepare a plan for centralizing the purchase of
24    property and casualty insurance on State property under a

 

 

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1    master policy or policies and purchase the insurance
2    contracted for as provided in the Illinois Purchasing Act.
3        (4) Evaluate existing provisions for fidelity bonds
4    required of State employees and recommend changes that are
5    appropriate commensurate with risk experience and the
6    determinations respecting self-insurance or reinsurance so
7    as to permit reduction of costs without loss of coverage.
8        (5) Investigate procedures for inclusion of school
9    districts, public community college districts, and other
10    units of local government in programs for the centralized
11    purchase of insurance.
12        (6) Implement recommendations of the State Property
13    Insurance Study Commission that the Department finds
14    necessary or desirable in the performance of its powers and
15    duties under this Section to achieve efficient and
16    comprehensive risk management.
17        (7) Prepare and, in the discretion of the Director,
18    implement a plan providing for the purchase of public
19    liability insurance or for self-insurance for public
20    liability or for a combination of purchased insurance and
21    self-insurance for public liability (i) covering the State
22    and drivers of motor vehicles owned, leased, or controlled
23    by the State of Illinois pursuant to the provisions and
24    limitations contained in the Illinois Vehicle Code, (ii)
25    covering other public liability exposures of the State and
26    its employees within the scope of their employment, and

 

 

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1    (iii) covering drivers of motor vehicles not owned, leased,
2    or controlled by the State but used by a State employee on
3    State business, in excess of liability covered by an
4    insurance policy obtained by the owner of the motor vehicle
5    or in excess of the dollar amounts that the Department
6    shall determine to be reasonable. Any contract of insurance
7    let under this Law shall be by bid in accordance with the
8    procedure set forth in the Illinois Purchasing Act. Any
9    provisions for self-insurance shall conform to subdivision
10    (11).
11        The term "employee" as used in this subdivision (7) and
12    in subdivision (11) means a person while in the employ of
13    the State who is a member of the staff or personnel of a
14    State agency, bureau, board, commission, committee,
15    department, university, or college or who is a State
16    officer, elected official, commissioner, member of or ex
17    officio member of a State agency, bureau, board,
18    commission, committee, department, university, or college,
19    or a member of the National Guard while on active duty
20    pursuant to orders of the Governor of the State of
21    Illinois, or any other person while using a licensed motor
22    vehicle owned, leased, or controlled by the State of
23    Illinois with the authorization of the State of Illinois,
24    provided the actual use of the motor vehicle is within the
25    scope of that authorization and within the course of State
26    service.

 

 

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

 

 

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1    the Director as amounts sufficient to reimburse the
2    Department for expenditures incurred in rendering the
3    service.
4        The Department shall charge the employing State agency
5    or university for workers' compensation payments or
6    court-ordered payments for temporary total disability paid
7    to any employee after the employee has received temporary
8    total disability payments for 120 days if the employee's
9    treating physician has issued a release to return to work
10    with restrictions and the employee is able to perform
11    modified duty work but the employing State agency or
12    university does not return the employee to work at modified
13    duty. Modified duty shall be duties assigned that may or
14    may not be delineated as part of the duties regularly
15    performed by the employee. Modified duties shall be
16    assigned within the prescribed restrictions established by
17    the treating physician and the physician who performed the
18    independent medical examination. The amount of all
19    reimbursements shall be deposited into the Workers'
20    Compensation Revolving Fund which is hereby created as a
21    revolving fund in the State treasury. In addition to any
22    other purpose authorized by law, moneys in the Fund shall
23    be used, subject to appropriation, to pay these or other
24    temporary total disability claims of employees of State
25    agencies and universities.
26        Beginning with fiscal year 1996, all amounts recovered

 

 

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1    by the Department through subrogation in workers'
2    compensation and workers' occupational disease cases or
3    other cases for compensation or treatment for accidental
4    injury or death arising out of and in the course of
5    employment or for compensation or treatment for a disease
6    or death arising out of and in the course of the employment
7    or which has become aggravated and rendered disabling as a
8    result of the exposure of the employment shall be deposited
9    into the Workers' Compensation Revolving Fund created
10    under this subdivision (9).
11        (10) Establish rules, procedures, and forms to be used
12    by State agencies in the administration and payment of
13    workers' compensation claims. The Department shall
14    initially evaluate and determine the compensability of any
15    injury that is the subject of a workers' compensation claim
16    and provide for the administration and payment of such a
17    claim for all State agencies. The Director may delegate to
18    any agency with the agreement of the agency head the
19    responsibility for evaluation, administration, and payment
20    of that agency's claims.
21        (11) Any plan for public liability self-insurance
22    implemented under this Section shall provide that (i) the
23    Department shall attempt to settle and may settle any
24    public liability claim filed against the State of Illinois
25    or any public liability claim filed against a State
26    employee on the basis of an occurrence in the course of the

 

 

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1    employee's State employment; (ii) any settlement of such a
2    claim is not subject to fiscal year limitations and must be
3    approved by the Director and, in cases of settlements
4    exceeding $100,000, by the Governor; and (iii) a settlement
5    of any public liability claim against the State or a State
6    employee shall require an unqualified release of any right
7    of action against the State and the employee for acts
8    within the scope of the employee's employment giving rise
9    to the claim.
10        Whenever and to the extent that a State employee
11    operates a motor vehicle or engages in other activity
12    covered by self-insurance under this Section, the State of
13    Illinois shall defend, indemnify, and hold harmless the
14    employee against any claim in tort filed against the
15    employee for acts or omissions within the scope of the
16    employee's employment in any proper judicial forum and not
17    settled pursuant to this subdivision (11), provided that
18    this obligation of the State of Illinois shall not exceed a
19    maximum liability of $2,000,000 for any single occurrence
20    in connection with the operation of a motor vehicle or
21    $100,000 per person per occurrence for any other single
22    occurrence, or $500,000 for any single occurrence in
23    connection with the provision of medical care by a licensed
24    physician employee.
25        Any claims against the State of Illinois under a
26    self-insurance plan that are not settled pursuant to this

 

 

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

 

 

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

 

 

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1    payment is agreed upon, whichever is later, until the date
2    the claims are submitted to the Comptroller for payment.
3    When the Attorney General has filed an appearance in any
4    proceeding concerning a wage claim settlement or judgment,
5    the Attorney General shall certify to the Director that the
6    wage claim is valid before any payment is made. In no event
7    shall an amount in excess of $150,000 be paid from this
8    plan to or for the benefit of any claimant.
9        Nothing in Public Act 84-961 shall be construed to
10    affect in any manner the jurisdiction of the Court of
11    Claims concerning wage claims made against the State of
12    Illinois.
13        (14) Prepare and, in the discretion of the Director,
14    implement a program for self-insurance for official
15    fidelity and surety bonds for officers and employees as
16    authorized by the Official Bond Act.
17(Source: P.A. 96-928, eff. 6-15-10.)
 
18    (20 ILCS 405/405-411)
19    Sec. 405-411. Consolidation of workers' compensation
20functions.
21    (a) Notwithstanding any other law to the contrary, the
22Director of Central Management Services, working in
23cooperation with the Director of any other agency, department,
24board, or commission directly responsible to the Governor, may
25direct the consolidation, within the Department of Central

 

 

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1Management Services, of those workers' compensation functions
2at that agency, department, board, or commission that are
3suitable for centralization.
4    Upon receipt of the written direction to transfer workers'
5compensation functions to the Department of Central Management
6Services, the personnel, equipment, and property (both real and
7personal) directly relating to the transferred functions shall
8be transferred to the Department of Central Management
9Services, and the relevant documents, records, and
10correspondence shall be transferred or copied, as the Director
11may prescribe.
12    (b) Upon receiving written direction from the Director of
13Central Management Services, the Comptroller and Treasurer are
14authorized to transfer the unexpended balance of any
15appropriations related to the workers' compensation functions
16transferred to the Department of Central Management Services
17and shall make the necessary fund transfers from the General
18Revenue Fund, any special fund in the State treasury, or any
19other federal or State trust fund held by the Treasurer to the
20Workers' Compensation Revolving Fund for use by the Department
21of Central Management Services in support of workers'
22compensation functions or any other related costs or expenses
23of the Department of Central Management Services.
24    (c) The rights of employees and the State and its agencies
25under the Personnel Code and applicable collective bargaining
26agreements or under any pension, retirement, or annuity plan

 

 

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1shall not be affected by any transfer under this Section.
2    (d) The functions transferred to the Department of Central
3Management Services by this Section shall be vested in and
4shall be exercised by the Department of Central Management
5Services. Each act done in the exercise of those functions
6shall have the same legal effect as if done by the agencies,
7offices, divisions, departments, bureaus, boards and
8commissions from which they were transferred.
9    Every person or other entity shall be subject to the same
10obligations and duties and any penalties, civil or criminal,
11arising therefrom, and shall have the same rights arising from
12the exercise of such rights, powers, and duties as had been
13exercised by the agencies, offices, divisions, departments,
14bureaus, boards, and commissions from which they were
15transferred.
16    Whenever reports or notices are now required to be made or
17given or papers or documents furnished or served by any person
18in regards to the functions transferred to or upon the
19agencies, offices, divisions, departments, bureaus, boards,
20and commissions from which the functions were transferred, the
21same shall be made, given, furnished or served in the same
22manner to or upon the Department of Central Management
23Services.
24    This Section does not affect any act done, ratified, or
25cancelled or any right occurring or established or any action
26or proceeding had or commenced in an administrative, civil, or

 

 

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1criminal cause regarding the functions transferred, but those
2proceedings may be continued by the Department of Central
3Management Services.
4    This Section does not affect the legality of any rules in
5the Illinois Administrative Code regarding the functions
6transferred in this Section that are in force on the effective
7date of this Section. If necessary, however, the affected
8agencies shall propose, adopt, or repeal rules, rule
9amendments, and rule recodifications as appropriate to
10effectuate this Section.
11    (e) On and after January 1, 2012, "workers' compensation
12functions" also includes functions related to claims for
13compensation or treatment for accidental injury or death
14arising out of and in the course of employment and compensation
15or treatment for a disease or death arising out of and in the
16course of the employment or which has become aggravated and
17rendered disabling as a result of the exposure of the
18employment.
19(Source: P.A. 93-839, eff. 7-30-04.)
 
20    Section 5-905. The State Finance Act is amended by changing
21Section 6z-64 as follows:
 
22    (30 ILCS 105/6z-64)
23    Sec. 6z-64. The Workers' Compensation Revolving Fund.
24    (a) The Workers' Compensation Revolving Fund is created as

 

 

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1a revolving fund, not subject to fiscal year limitations, in
2the State treasury. The following moneys shall be deposited
3into the Fund:
4        (1) amounts authorized for transfer to the Fund from
5    the General Revenue Fund and other State funds (except for
6    funds classified by the Comptroller as federal trust funds
7    or State trust funds) pursuant to State law or Executive
8    Order;
9        (2) federal funds received by the Department of Central
10    Management Services (the "Department") as a result of
11    expenditures from the Fund;
12        (3) interest earned on moneys in the Fund;
13        (4) receipts or inter-fund transfers resulting from
14    billings issued by the Department to State agencies and
15    universities for the cost of workers' compensation
16    services rendered by the Department that are not
17    compensated through the specific fund transfers authorized
18    by this Section, if any;
19        (5) amounts received from a State agency or university
20    for workers' compensation payments or court-ordered
21    payments for temporary total disability, as provided in
22    Section 405-105 of the Department of Central Management
23    Services Law of the Civil Administrative Code of Illinois;
24    and
25        (6) amounts recovered through subrogation in workers'
26    compensation and workers' occupational disease cases or

 

 

HB1032 Engrossed- 22 -LRB097 03852 AEK 43891 b

1    other cases for compensation or treatment for accidental
2    injury or death arising out of and in the course of
3    employment or for compensation or treatment for a disease
4    or death arising out of and in the course of the employment
5    or which has become aggravated and rendered disabling as a
6    result of the exposure of the employment.
7    (b) Moneys in the Fund may be used by the Department for
8reimbursement or payment for:
9        (1) providing workers' compensation services to State
10    agencies and State universities; or
11        (2) providing for payment of administrative and other
12    expenses incurred by the Department in providing workers'
13    compensation services.
14    (c) State agencies may direct the Comptroller to process
15inter-fund transfers or make payment through the voucher and
16warrant process to the Workers' Compensation Revolving Fund in
17satisfaction of billings issued under subsection (a) of this
18Section.
19    (d) Reconciliation. For the fiscal year beginning on July
201, 2004 only, the Director of Central Management Services (the
21"Director") shall order that each State agency's payments and
22transfers made to the Fund be reconciled with actual Fund costs
23for workers' compensation services provided by the Department
24and attributable to the State agency and relevant fund on no
25less than an annual basis. The Director may require reports
26from State agencies as deemed necessary to perform this

 

 

HB1032 Engrossed- 23 -LRB097 03852 AEK 43891 b

1reconciliation.
2    (d-5) Notwithstanding any other provision of State law to
3the contrary, on or after July 1, 2005 and until June 30, 2006,
4in addition to any other transfers that may be provided for by
5law, at the direction of and upon notification of the Director
6of Central Management Services, the State Comptroller shall
7direct and the State Treasurer shall transfer amounts into the
8Workers' Compensation Revolving Fund from the designated funds
9not exceeding the following totals:
10    Mental Health Fund............................$17,694,000
11    Statistical Services Revolving Fund............$1,252,600
12    Department of Corrections Reimbursement
13        and Education Fund.........................$1,198,600
14    Communications Revolving Fund....................$535,400
15    Child Support Administrative Fund................$441,900
16    Health Insurance Reserve Fund....................$238,900
17    Fire Prevention Fund.............................$234,100
18    Park and Conservation Fund.......................$142,000
19    Motor Fuel Tax Fund..............................$132,800
20    Illinois Workers' Compensation
21        Commission Operations Fund...................$123,900
22    State Boating Act Fund...........................$112,300
23    Public Utility Fund..............................$106,500
24    State Lottery Fund...............................$101,300
25    Traffic and Criminal Conviction
26        Surcharge Fund................................$88,500

 

 

HB1032 Engrossed- 24 -LRB097 03852 AEK 43891 b

1    State Surplus Property Revolving Fund.............$82,700
2    Natural Areas Acquisition Fund....................$65,600
3    Securities Audit and Enforcement Fund.............$65,200
4    Agricultural Premium Fund.........................$63,400
5    Capital Development Fund..........................$57,500
6    State Gaming Fund.................................$54,300
7    Underground Storage Tank Fund.....................$53,700
8    Illinois State Medical Disciplinary Fund..........$53,000
9    Personal Property Tax Replacement Fund............$53,000
10    General Professions Dedicated Fund...............$51,900
11    Total                                        $23,003,100
12    (d-10) Notwithstanding any other provision of State law to
13the contrary and in addition to any other transfers that may be
14provided for by law, on the first day of each calendar quarter
15of the fiscal year beginning July 1, 2005, or as soon as may be
16practical thereafter, the State Comptroller shall direct and
17the State Treasurer shall transfer from each designated fund
18into the Workers' Compensation Revolving Fund amounts equal to
19one-fourth of each of the following totals:
20    General Revenue Fund......................... $34,000,000
21    Road Fund.................................... $25,987,000
22    Total                                        $59,987,000
23    (d-12) Notwithstanding any other provision of State law to
24the contrary and in addition to any other transfers that may be
25provided for by law, on the effective date of this amendatory
26Act of the 94th General Assembly, or as soon as may be

 

 

HB1032 Engrossed- 25 -LRB097 03852 AEK 43891 b

1practical thereafter, the State Comptroller shall direct and
2the State Treasurer shall transfer from each designated fund
3into the Workers' Compensation Revolving Fund the following
4amounts:
5    General Revenue Fund..........................$10,000,000
6    Road Fund......................................$5,000,000
7    Total                                        $15,000,000
8    (d-15) Notwithstanding any other provision of State law to
9the contrary and in addition to any other transfers that may be
10provided for by law, on July 1, 2006, or as soon as may be
11practical thereafter, the State Comptroller shall direct and
12the State Treasurer shall transfer from each designated fund
13into the Workers' Compensation Revolving Fund the following
14amounts:
15    General Revenue Fund.........................$44,028,200
16    Road Fund....................................$28,084,000
17    Total                                        $72,112,200
18    (d-20) Notwithstanding any other provision of State law to
19the contrary, on or after July 1, 2006 and until June 30, 2007,
20in addition to any other transfers that may be provided for by
21law, at the direction of and upon notification of the Director
22of Central Management Services, the State Comptroller shall
23direct and the State Treasurer shall transfer amounts into the
24Workers' Compensation Revolving Fund from the designated funds
25not exceeding the following totals:
26    Mental Health Fund............................$19,121,800

 

 

HB1032 Engrossed- 26 -LRB097 03852 AEK 43891 b

1    Statistical Services Revolving Fund............$1,353,700
2    Department of Corrections Reimbursement
3        and Education Fund.........................$1,295,300
4    Communications Revolving Fund....................$578,600
5    Child Support Administrative Fund................$477,600
6    Health Insurance Reserve Fund....................$258,200
7    Fire Prevention Fund.............................$253,000
8    Park and Conservation Fund.......................$153,500
9    Motor Fuel Tax Fund..............................$143,500
10    Illinois Workers' Compensation
11        Commission Operations Fund...................$133,900
12    State Boating Act Fund...........................$121,400
13    Public Utility Fund..............................$115,100
14    State Lottery Fund...............................$109,500
15    Traffic and Criminal Conviction Surcharge Fund....$95,700
16    State Surplus Property Revolving Fund.............$89,400
17    Natural Areas Acquisition Fund....................$70,800
18    Securities Audit and Enforcement Fund.............$70,400
19    Agricultural Premium Fund.........................$68,500
20    State Gaming Fund.................................$58,600
21    Underground Storage Tank Fund.....................$58,000
22    Illinois State Medical Disciplinary Fund..........$57,200
23    Personal Property Tax Replacement Fund............$57,200
24    General Professions Dedicated Fund...............$56,100
25    Total                                        $24,797,000
26    (d-25) Notwithstanding any other provision of State law to

 

 

HB1032 Engrossed- 27 -LRB097 03852 AEK 43891 b

1the contrary and in addition to any other transfers that may be
2provided for by law, on July 1, 2009, 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....................................$34,803,000
9    Total                                        $89,803,000
10    (d-30) Notwithstanding any other provision of State law to
11the contrary, on or after July 1, 2009 and until June 30, 2010,
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.........................$13,900
19    Teacher Certificate Fee Revolving Fund.............$6,500
20    Transportation Regulatory Fund....................$14,500
21    Financial Institution Fund........................$25,200
22    General Professions Dedicated Fund................$25,300
23    Illinois Veterans' Rehabilitation Fund............$64,600
24    State Boating Act Fund...........................$177,100
25    State Parks Fund.................................$104,300
26    Lobbyist Registration Administration Fund.........$14,400

 

 

HB1032 Engrossed- 28 -LRB097 03852 AEK 43891 b

1    Agricultural Premium Fund.........................$79,100
2    Fire Prevention Fund.............................$360,200
3    Mental Health Fund.............................$9,725,200
4    Illinois State Pharmacy Disciplinary Fund..........$5,600
5    Public Utility Fund...............................$40,900
6    Radiation Protection Fund.........................$14,200
7    Firearm Owner's Notification Fund..................$1,300
8    Solid Waste Management Fund.......................$74,100
9    Illinois Gaming Law Enforcement Fund..............$17,800
10    Subtitle D Management Fund........................$14,100
11    Illinois State Medical Disciplinary Fund..........$26,500
12    Facility Licensing Fund...........................$11,700
13    Plugging and Restoration Fund......................$9,100
14    Explosives Regulatory Fund.........................$2,300
15    Aggregate Operations Regulatory Fund...............$5,000
16    Coal Mining Regulatory Fund........................$1,900
17    Registered Certified Public Accountants'
18        Administration and Disciplinary Fund...........$1,500
19    Weights and Measures Fund.........................$56,100
20    Division of Corporations Registered
21        Limited Liability Partnership Fund.............$3,900
22    Illinois School Asbestos Abatement Fund...........$14,000
23    Secretary of State Special License Plate Fund.....$30,700
24    Capital Development Board Revolving Fund..........$27,000
25    DCFS Children's Services Fund.....................$69,300
26    Asbestos Abatement Fund...........................$17,200

 

 

HB1032 Engrossed- 29 -LRB097 03852 AEK 43891 b

1    Illinois Health Facilities Planning Fund..........$26,800
2    Emergency Public Health Fund.......................$5,600
3    Nursing Dedicated and Professional Fund...........$10,000
4    Optometric Licensing and Disciplinary
5        Board Fund.....................................$1,600
6    Underground Resources Conservation
7        Enforcement Fund..............................$11,500
8    Drunk and Drugged Driving Prevention Fund.........$18,200
9    Long Term Care Monitor/Receiver Fund..............$35,400
10    Community Water Supply Laboratory Fund.............$5,600
11    Securities Investors Education Fund................$2,000
12    Used Tire Management Fund.........................$32,400
13    Natural Areas Acquisition Fund...................$101,200
14    Open Space Lands Acquisition
15        and Development Fund..................$28,400
16    Working Capital Revolving Fund...................$489,100
17    State Garage Revolving Fund......................$791,900
18    Statistical Services Revolving Fund............$3,984,700
19    Communications Revolving Fund..................$1,432,800
20    Facilities Management Revolving Fund...........$1,911,600
21    Professional Services Fund.......................$483,600
22    Motor Vehicle Review Board Fund...................$15,000
23    Environmental Laboratory Certification Fund........$3,000
24    Public Health Laboratory Services
25        Revolving Fund.................................$2,500
26    Lead Poisoning Screening, Prevention,

 

 

HB1032 Engrossed- 30 -LRB097 03852 AEK 43891 b

1        and Abatement Fund............................$28,200
2    Securities Audit and Enforcement Fund............$258,400
3    Department of Business Services
4        Special Operations Fund......................$111,900
5    Feed Control Fund.................................$20,800
6    Tanning Facility Permit Fund.......................$5,400
7    Plumbing Licensure and Program Fund...............$24,400
8    Tax Compliance and Administration Fund............$27,200
9    Appraisal Administration Fund......................$2,400
10    Small Business Environmental Assistance Fund.......$2,200
11    Illinois State Fair Fund..........................$31,400
12    Secretary of State Special Services Fund.........$317,600
13    Department of Corrections Reimbursement
14        and Education Fund...........................$324,500
15    Health Facility Plan Review Fund..................$31,200
16    Illinois Historic Sites Fund......................$11,500
17    Attorney General Court Ordered and Voluntary
18        Compliance Payment Projects Fund..............$18,500
19    Public Pension Regulation Fund.....................$5,600
20    Illinois Charity Bureau Fund......................$11,400
21    Renewable Energy Resources Trust Fund..............$6,700
22    Energy Efficiency Trust Fund.......................$3,600
23    Pesticide Control Fund............................$56,800
24    Attorney General Whistleblower Reward
25        and Protection Fund...........................$14,200
26    Partners for Conservation Fund....................$36,900

 

 

HB1032 Engrossed- 31 -LRB097 03852 AEK 43891 b

1    Capital Litigation Trust Fund........................$800
2    Motor Vehicle License Plate Fund..................$99,700
3    Horse Racing Fund.................................$18,900
4    Death Certificate Surcharge Fund..................$12,800
5    Auction Regulation Administration Fund...............$500
6    Motor Carrier Safety Inspection Fund..............$55,800
7    Assisted Living and Shared Housing
8        Regulatory Fund..................................$900
9    Illinois Thoroughbred Breeders Fund................$9,200
10    Illinois Clean Water Fund.........................$42,300
11    Secretary of State DUI Administration Fund........$16,100
12    Child Support Administrative Fund..............$1,037,900
13    Secretary of State Police Services Fund............$1,200
14    Tourism Promotion Fund............................$34,400
15    IMSA Income Fund..................................$12,700
16    Presidential Library and Museum Operating Fund....$83,000
17    Dram Shop Fund....................................$44,500
18    Illinois State Dental Disciplinary Fund............$5,700
19    Cycle Rider Safety Training Fund...................$8,700
20    Traffic and Criminal Conviction Surcharge Fund...$106,100
21    Design Professionals Administration
22        and Investigation Fund.........................$4,500
23    State Police Services Fund.......................$276,100
24    Metabolic Screening and Treatment Fund............$90,800
25    Insurance Producer Administration Fund............$45,600
26    Coal Technology Development Assistance Fund.......$11,700

 

 

HB1032 Engrossed- 32 -LRB097 03852 AEK 43891 b

1    Hearing Instrument Dispenser Examining
2        and Disciplinary Fund..........................$1,900
3    Low-Level Radioactive Waste Facility
4        Development and Operation Fund.................$1,000
5    Environmental Protection Permit and
6        Inspection Fund...............................$66,900
7    Park and Conservation Fund.......................$199,300
8    Local Tourism Fund.................................$2,400
9    Illinois Capital Revolving Loan Fund..............$10,000
10    Large Business Attraction Fund.......................$100
11    Adeline Jay Geo-Karis Illinois Beach
12        Marina Fund...................................$27,200
13    Public Infrastructure Construction
14        Loan Revolving Fund............................$1,700
15    Insurance Financial Regulation Fund...............$69,200
16    Total                                        $24,197,800
17    (d-35) 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, 2010, 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.........................$55,000,000
25    Road Fund....................................$50,955,300
26    Total                                       $105,955,300

 

 

HB1032 Engrossed- 33 -LRB097 03852 AEK 43891 b

1    (d-40) Notwithstanding any other provision of State law to
2the contrary, on or after July 1, 2010 and until June 30, 2011,
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    Food and Drug Safety Fund.........................$8,700
10    Financial Institution Fund.......................$44,500
11    General Professions Dedicated Fund...............$51,400
12    Live and Learn Fund..............................$10,900
13    Illinois Veterans' Rehabilitation Fund..........$106,000
14    State Boating Act Fund..........................$288,200
15    State Parks Fund................................$185,900
16    Wildlife and Fish Fund........................$1,550,300
17    Lobbyist Registration Administration Fund........$18,100
18    Agricultural Premium Fund.......................$176,100
19    Mental Health Fund..............................$291,900
20    Firearm Owner's Notification Fund.................$2,300
21    Illinois Gaming Law Enforcement Fund.............$11,300
22    Illinois State Medical Disciplinary Fund.........$42,300
23    Facility Licensing Fund..........................$14,200
24    Plugging and Restoration Fund....................$15,600
25    Explosives Regulatory Fund........................$4,800
26    Aggregate Operations Regulatory Fund..............$6,000

 

 

HB1032 Engrossed- 34 -LRB097 03852 AEK 43891 b

1    Coal Mining Regulatory Fund.......................$7,200
2    Registered Certified Public Accountants'
3        Administration and Disciplinary Fund..........$1,900
4    Weights and Measures Fund.......................$105,200
5    Division of Corporations Registered
6        Limited Liability Partnership Fund............$5,300
7    Illinois School Asbestos Abatement Fund..........$19,900
8    Secretary of State Special License Plate Fund....$38,700
9    DCFS Children's Services Fund...................$123,100
10    Illinois Health Facilities Planning Fund.........$29,700
11    Emergency Public Health Fund......................$6,800
12    Nursing Dedicated and Professional Fund..........$13,500
13    Optometric Licensing and Disciplinary
14        Board Fund....................................$1,800
15    Underground Resources Conservation
16        Enforcement Fund.............................$16,500
17    Mandatory Arbitration Fund........................$5,400
18    Drunk and Drugged Driving Prevention Fund........$26,400
19    Long Term Care Monitor/Receiver Fund.............$43,800
20    Securities Investors Education Fund..............$28,500
21    Used Tire Management Fund.........................$6,300
22    Natural Areas Acquisition Fund..................$185,000
23    Open Space Lands Acquisition and
24        Development Fund.............................$46,800
25    Working Capital Revolving Fund..................$741,500
26    State Garage Revolving Fund.....................$356,200

 

 

HB1032 Engrossed- 35 -LRB097 03852 AEK 43891 b

1    Statistical Services Revolving Fund...........$1,775,900
2    Communications Revolving Fund...................$630,600
3    Facilities Management Revolving Fund............$870,800
4    Professional Services Fund......................$275,500
5    Motor Vehicle Review Board Fund..................$12,900
6    Public Health Laboratory Services
7        Revolving Fund................................$5,300
8    Lead Poisoning Screening, Prevention,
9        and Abatement Fund...........................$42,100
10    Securities Audit and Enforcement Fund...........$162,700
11    Department of Business Services
12        Special Operations Fund.....................$143,700
13    Feed Control Fund................................$32,300
14    Tanning Facility Permit Fund......................$3,900
15    Plumbing Licensure and Program Fund..............$32,600
16    Tax Compliance and Administration Fund...........$48,400
17    Appraisal Administration Fund.....................$3,600
18    Illinois State Fair Fund.........................$30,200
19    Secretary of State Special Services Fund........$214,400
20    Department of Corrections Reimbursement
21        and Education Fund..........................$438,300
22    Health Facility Plan Review Fund.................$29,900
23    Public Pension Regulation Fund....................$9,900
24    Pesticide Control Fund..........................$107,500
25    Partners for Conservation Fund..................$189,300
26    Motor Vehicle License Plate Fund................$143,800

 

 

HB1032 Engrossed- 36 -LRB097 03852 AEK 43891 b

1    Horse Racing Fund................................$20,900
2    Death Certificate Surcharge Fund.................$16,800
3    Auction Regulation Administration Fund............$1,000
4    Motor Carrier Safety Inspection Fund.............$56,800
5    Assisted Living and Shared Housing
6        Regulatory Fund...............................$2,200
7    Illinois Thoroughbred Breeders Fund..............$18,100
8    Secretary of State DUI Administration Fund.......$19,800
9    Child Support Administrative Fund.............$1,809,500
10    Secretary of State Police Services Fund...........$2,500
11    Medical Special Purposes Trust Fund..............$20,400
12    Dram Shop Fund...................................$57,200
13    Illinois State Dental Disciplinary Fund...........$9,500
14    Cycle Rider Safety Training Fund.................$12,200
15    Traffic and Criminal Conviction Surcharge Fund..$128,900
16    Design Professionals Administration
17        and Investigation Fund........................$7,300
18    State Police Services Fund......................$335,700
19    Metabolic Screening and Treatment Fund...........$81,600
20    Insurance Producer Administration Fund...........$77,000
21    Hearing Instrument Dispenser Examining
22        and Disciplinary Fund.........................$1,900
23    Park and Conservation Fund......................$361,500
24    Adeline Jay Geo-Karis Illinois Beach
25        Marina Fund..................................$42,800
26    Insurance Financial Regulation Fund.............$108,000

 

 

HB1032 Engrossed- 37 -LRB097 03852 AEK 43891 b

1    Total                                        $13,033,200
2    (e) The term "workers' compensation services" means
3services, claims expenses, and related administrative costs
4incurred in performing the duties under Sections 405-105 and
5405-411 of the Department of Central Management Services Law of
6the Civil Administrative Code of Illinois and performing
7similar duties with respect to actions for compensation or
8treatment for accidental injury or death arising out of and in
9the course of employment or for compensation or treatment for a
10disease or death arising out of and in the course of the
11employment or which has become aggravated and rendered
12disabling as a result of the exposure of the employment.
13(Source: P.A. 95-744, eff. 7-18-08; 96-45, eff. 7-15-09;
1496-959, eff. 7-1-10.)
 
15    Section 5-910. The Illinois Insurance Code is amended by
16adding Section 5.1 as follows:
 
17    (215 ILCS 5/5.1 new)
18    Sec. 5.1. Workplace injuries and occupational diseases.
19Nothing in this Code shall be construed to require an employer
20to maintain insurance covering the employer's liability for
21compensation or treatment for causes of action accruing on or
22after January 1, 2012.
23    The Department and the Department of Labor shall adopt
24rules setting forth appropriate insurance or self-insurance

 

 

HB1032 Engrossed- 38 -LRB097 03852 AEK 43891 b

1requirements for employers with respect to their obligations to
2employees for causes of action accruing before January 1, 2012.
3    As used in this Section, "cause of action" has the meaning
4ascribed to that term in Section 5-5 of the Workers'
5Compensation and Workers' Occupational Diseases Transfer and
6Transition Act.
 
7    Section 5-915. The Court of Claims Act is amended by
8changing Sections 8, 9, and 22 as follows:
 
9    (705 ILCS 505/8)   (from Ch. 37, par. 439.8)
10    Sec. 8. Court of Claims jurisdiction; deliberation
11periods. The court shall have exclusive jurisdiction to hear
12and determine the following matters:
13    (a) All claims against the State founded upon any law of
14the State of Illinois or upon any regulation adopted thereunder
15by an executive or administrative officer or agency; provided,
16however, the court shall not have jurisdiction (i) to hear or
17determine claims arising under the Workers' Compensation Act or
18the Workers' Occupational Diseases Act, or claims for expenses
19in civil litigation, or (ii) to review administrative decisions
20for which a statute provides that review shall be in the
21circuit or appellate court.
22    (b) All claims against the State founded upon any contract
23entered into with the State of Illinois.
24    (c) All claims against the State for time unjustly served

 

 

HB1032 Engrossed- 39 -LRB097 03852 AEK 43891 b

1in prisons of this State when the person imprisoned received a
2pardon from the governor stating that such pardon is issued on
3the ground of innocence of the crime for which he or she was
4imprisoned or he or she received a certificate of innocence
5from the Circuit Court as provided in Section 2-702 of the Code
6of Civil Procedure; provided, the amount of the award is at the
7discretion of the court; and provided, the court shall make no
8award in excess of the following amounts: for imprisonment of 5
9years or less, not more than $85,350; for imprisonment of 14
10years or less but over 5 years, not more than $170,000; for
11imprisonment of over 14 years, not more than $199,150; and
12provided further, the court shall fix attorney's fees not to
13exceed 25% of the award granted. On or after the effective date
14of this amendatory Act of the 95th General Assembly, the court
15shall annually adjust the maximum awards authorized by this
16subsection (c) to reflect the increase, if any, in the Consumer
17Price Index For All Urban Consumers for the previous calendar
18year, as determined by the United States Department of Labor,
19except that no annual increment may exceed 5%. For the annual
20adjustments, if the Consumer Price Index decreases during a
21calendar year, there shall be no adjustment for that calendar
22year. The transmission by the Prisoner Review Board or the
23clerk of the circuit court of the information described in
24Section 11(b) to the clerk of the Court of Claims is conclusive
25evidence of the validity of the claim. The changes made by this
26amendatory Act of the 95th General Assembly apply to all claims

 

 

HB1032 Engrossed- 40 -LRB097 03852 AEK 43891 b

1pending on or filed on or after the effective date.
2    (d) All claims against the State for damages in cases
3sounding in tort, if a like cause of action would lie against a
4private person or corporation in a civil suit, and all like
5claims sounding in tort against the Medical Center Commission,
6the Board of Trustees of the University of Illinois, the Board
7of Trustees of Southern Illinois University, the Board of
8Trustees of Chicago State University, the Board of Trustees of
9Eastern Illinois University, the Board of Trustees of Governors
10State University, the Board of Trustees of Illinois State
11University, the Board of Trustees of Northeastern Illinois
12University, the Board of Trustees of Northern Illinois
13University, the Board of Trustees of Western Illinois
14University, or the Board of Trustees of the Illinois
15Mathematics and Science Academy; provided, that an award for
16damages in a case sounding in tort, other than certain cases
17involving the operation of a State vehicle described in this
18paragraph, shall not exceed the sum of $100,000 to or for the
19benefit of any claimant. The $100,000 limit prescribed by this
20Section does not apply to an award of damages in any case
21sounding in tort arising out of the operation by a State
22employee of a vehicle owned, leased or controlled by the State.
23The defense that the State or the Medical Center Commission or
24the Board of Trustees of the University of Illinois, the Board
25of Trustees of Southern Illinois University, the Board of
26Trustees of Chicago State University, the Board of Trustees of

 

 

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1Eastern Illinois University, the Board of Trustees of Governors
2State University, the Board of Trustees of Illinois State
3University, the Board of Trustees of Northeastern Illinois
4University, the Board of Trustees of Northern Illinois
5University, the Board of Trustees of Western Illinois
6University, or the Board of Trustees of the Illinois
7Mathematics and Science Academy is not liable for the
8negligence of its officers, agents, and employees in the course
9of their employment is not applicable to the hearing and
10determination of such claims.
11    (e) All claims for recoupment made by the State of Illinois
12against any claimant.
13    (f) All claims pursuant to the Line of Duty Compensation
14Act. A claim under that Act must be heard and determined within
15one year after the application for that claim is filed with the
16Court as provided in that Act.
17    (g) All claims filed pursuant to the Crime Victims
18Compensation Act.
19    (h) All claims pursuant to the Illinois National
20Guardsman's Compensation Act. A claim under that Act must be
21heard and determined within one year after the application for
22that claim is filed with the Court as provided in that Act.
23    (i) All claims authorized by subsection (a) of Section
2410-55 of the Illinois Administrative Procedure Act for the
25expenses incurred by a party in a contested case on the
26administrative level.

 

 

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1    (j) All claims against the State over which the Illinois
2Workers' Compensation Commission is divested of jurisdiction
3on December 31, 2011 under Section 5-10 of the Workers'
4Compensation and Workers' Occupational Diseases Transfer and
5Transition Act. Those claims are transferred to the Court of
6Claims, which assumes jurisdiction over those actions on
7January 1, 2012. Each such claim shall be decided in accordance
8with the substantive law that was in effect when the cause of
9action accrued. Procedure shall be governed by court rule. The
10Illinois Workers' Compensation Commission shall deliver to the
11Court of Claims all records, documents, communications, and
12other materials in its possession relating to those claims and
13relating to all claims that are on appeal, claims for which the
14time for filing an appeal has not expired, and claims that may
15be subject to modification.
16    (k) All claims against the State for compensation or
17treatment for accidental injury or death arising out of and in
18the course of employment and for compensation or treatment for
19a disease 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 that
22accrued before January 1, 2012. Any such claim may be brought
23within the time limits that were in effect when the cause of
24action accrued. The claim shall be decided in accordance with
25the substantive law that was in effect when the cause of action
26accrued. Procedure shall be governed by court rule.

 

 

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1(Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
 
2    (705 ILCS 505/9)  (from Ch. 37, par. 439.9)
3    Sec. 9. The court may: A. Establish rules for its
4government and for the regulation of practice therein; appoint
5commissioners to assist the court in such manner as it directs
6and discharge them at will; and exercise such powers as are
7necessary to carry into effect the powers granted in this
8Section. Any Commissioner appointed shall be an attorney
9licensed to practice law in the State of Illinois. The rules
10established hereunder shall not be waived, and any extension of
11time authorized by such rules shall only be allowed on motion
12duly filed within the time limitation for which the extension
13is requested.
14    B. Issue subpoenas through the Chief Justice or one of its
15judges or commissioners to require the attendance of witnesses
16for the purpose of testifying before it, or before any judge of
17the court, or before any notary public, or any of its
18commissioners, and to require the production of any books,
19records, papers or documents that may be material or relevant
20as evidence in any matter pending before it. In case any person
21refuses to comply with any subpoena issued in the name of the
22chief justice, or one of the judges or commissioners, attested
23by the clerk, with the seal of the court attached, and served
24upon the person named therein as a summons in a civil action is
25served, the circuit court of the proper county, on application

 

 

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1of the party at whose instance the subpoena was issued, shall
2compel obedience by attachment proceedings, as for contempt, as
3in a case of a disobedience of the requirements of a subpoena
4from such court on a refusal to testify therein.
5    C. Enter temporary orders providing for medical care,
6rehabilitation, disability payments, and other appropriate
7temporary relief in accordance with the relevant standards of
8Section 8 of the Workers' Compensation Act as that Section
9existed immediately before its repeal in claims against the
10State for compensation or treatment for accidental injury or
11death arising out of and in the course of employment and for
12compensation or treatment for a disease or death arising out of
13and in the course of the employment or which has become
14aggravated and rendered disabling as a result of the exposure
15of the employment that accrue on or after January 1, 2012,
16notwithstanding the repeal of the Workers' Compensation Act and
17the Workers' Occupational Diseases Act. A temporary order may
18be revoked or modified before final judgment for good cause
19shown. A temporary order terminates when a final judgment is
20entered or when the action is dismissed.
21(Source: P.A. 83-865.)
 
22    (705 ILCS 505/22)  (from Ch. 37, par. 439.22)
23    Sec. 22. Except as otherwise provided in subsection (k) of
24Section 8, every Every claim cognizable by the Court and not
25otherwise sooner barred by law shall be forever barred from

 

 

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1prosecution therein unless it is filed with the Clerk of the
2Court within the time set forth as follows:
3    (a) All claims arising out of a contract must be filed
4within 5 years after it first accrues, saving to minors, and
5persons under legal disability at the time the claim accrues,
6in which cases the claim must be filed within 5 years from the
7time the disability ceases.
8    (b) All claims cognizable against the State by vendors of
9goods or services under "The Illinois Public Aid Code",
10approved April 11, 1967, as amended, must file within one year
11after the accrual of the cause of action, as provided in
12Section 11-13 of that Code.
13    (c) All claims arising under paragraph (c) of Section 8 of
14this Act must be automatically heard by the court within 120
15days after the person asserting such claim is either issued a
16certificate of innocence from the Circuit Court as provided in
17Section 2-702 of the Code of Civil Procedure, or is granted a
18pardon by the Governor, whichever occurs later, without the
19person asserting the claim being required to file a petition
20under Section 11 of this Act, except as otherwise provided by
21the Crime Victims Compensation Act. Any claims filed by the
22claimant under paragraph (c) of Section 8 of this Act must be
23filed within 2 years after the person asserting such claim is
24either issued a certificate of innocence as provided in Section
252-702 of the Code of Civil Procedure, or is granted a pardon by
26the Governor, whichever occurs later.

 

 

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1    (d) All claims arising under paragraph (f) of Section 8 of
2this Act must be filed within the time set forth in Section 3
3of the Line of Duty Compensation Act.
4    (e) All claims arising under paragraph (h) of Section 8 of
5this Act must be filed within one year of the date of the death
6of the guardsman or militiaman as provided in Section 3 of the
7"Illinois National Guardsman's and Naval Militiaman's
8Compensation Act", approved August 12, 1971, as amended.
9    (f) All claims arising under paragraph (g) of Section 8 of
10this Act must be filed within one year of the crime on which a
11claim is based as provided in Section 6.1 of the "Crime Victims
12Compensation Act", approved August 23, 1973, as amended.
13    (g) All claims arising from the Comptroller's refusal to
14issue a replacement warrant pursuant to Section 10.10 of the
15State Comptroller Act must be filed within 5 years after the
16issue date of such warrant.
17    (h) All other claims must be filed within 2 years after it
18first accrues, saving to minors, and persons under legal
19disability at the time the claim accrues, in which case the
20claim must be filed within 2 years from the time the disability
21ceases.
22    (i) The changes made by this amendatory Act of 1989 shall
23apply to all warrants issued within the 5 year period preceding
24the effective date of this amendatory Act of 1989.
25    (j) All time limitations established under this Act and the
26rules promulgated under this Act shall be binding and

 

 

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1jurisdictional, except upon extension authorized by law or rule
2and granted pursuant to a motion timely filed.
3(Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08;
496-328, eff. 8-11-09.)
 
5    Section 99. Effective date. This Act takes effect January
61, 2012.