WORKERS' COMP-ABILITY TO PAY

Amends the Workers' Compensation Act. Permits a single commissioner to approve of enforcement actions under provisions of the Act concerning insuring an employer's ability to pay compensation, replacing the current requirement of a panel of 3 commissioners. Permits the Illinois Workers' Compensation Commission to, if an employer's business is declared to be extra hazardous, issue a work-stop order while awaiting a ruling from the Commission or while awaiting proof of insurance by the employer. Provides that investigative actions must be acted upon within 90 days of the issuance of a complaint. Raises the maximum allowable penalty for noncompliance with certain insurance requirements from $2,000 to $10,000. Doubles the maximum allowable penalties, to $1,000 per day, with a minimum penalty of $20,000, for employers found to be in noncompliance more than once. Provides that an employer with 2 or more violations may no longer self-insure or purchase an insurance policy from a private broker for one year or until all penalties are paid, during which time the employer must purchase insurance from the Assigned Risk Pool through the National Council on Compensation Insurance. House Floor Amendment No. 1 Adds reference to: 820 ILCS 305/4a-5 from Ch. 48, par. 138.4a-5 Provides that a Commissioner, rather than the Commission, may issue an emergency work-stop order prior to a hearing. Provides that the Commission shall issue a notice of emergency work-stop hearing when and emergency work-stop order has been issued. Removes prohibition on employers with 2 or more violations from purchasing insurance from a private broker and requiring the employer to purchase insurance through from the Assigned Risk Pool through the National Council on Compensation insurance. Prohibits those employers from self-insuring for a period of one year. Provides that moneys in the Self-Insurers Security Fund and in the Illinois Workers' Compensation Commission Operations Fund may be expended for salaries and benefits of the Self-Insurers Advisory Board employees and the operating costs of the Board. Fiscal Note (Workers' Compensation Commission) The Workers' Compensation Commission does not anticipate any changes to State revenues or expenditures with the passage of this bill. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate.