Bill Status of HB 3437   102nd General Assembly

Short Description:  SAFETY-TECH

House Sponsors
Rep. Lawrence Walsh, Jr.-Marcus C. Evans, Jr.-Jay Hoffman-Jaime M. Andrade, Jr.-Jawaharial Williams, Dave Vella, Carol Ammons, Lindsey LaPointe, Anna Moeller, Delia C. Ramirez, Anne Stava-Murray, Maura Hirschauer, Joyce Mason, Martin J. Moylan, Frances Ann Hurley, Angelica Guerrero-Cuellar, Eva-Dina Delgado, Edgar Gonzalez, Jr., Barbara Hernandez, Dagmara Avelar, Robert Rita, Margaret Croke, John C. D'Amico, Aaron M. Ortiz and Lakesia Collins

Senate Sponsors
(Sen. Michael E. Hastings, Antonio Muņoz, Neil Anderson, Rachelle Crowe, Bill Cunningham-Doris Turner-Cristina Castro-Kimberly A. Lightford, Christopher Belt, John Connor, Karina Villa, David Koehler-Melinda Bush, Ram Villivalam, Scott M. Bennett, Meg Loughran Cappel, Laura M. Murphy, Robert Peters, Julie A. Morrison, Sara Feigenholtz and Emil Jones, III)


Last Action  View All Actions

DateChamber Action
  1/10/2023HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Illinois Hazardous Materials Workforce Training Act. Contains only a short title provision.

House Committee Amendment No. 1
Adds reference to:
5 ILCS 100/5-45.8 new
35 ILCS 5/704A

Replaces everything after the enacting clause. Creates the Investing in Illinois Works Tax Credit Act. Provides that each owner or operator, as defined in the Illinois Hazardous Materials Workforce Training Act, may apply for a credit against withholding payments due under the Illinois Income Tax Act for each member of its skilled and trained workforce who is also a qualifying graduate. Provides limitations on the credit. Creates the Access to Apprenticeship Act. Provides that no preapprenticeship or apprenticeship program may require a recommendation from a union member or any other person as a condition of acceptance. Amends the Illinois Administrative Procedure Act and the Illinois Income Tax Act to make conforming changes. Creates the Illinois Hazardous Workforce Materials Training Act. Requires workers at high hazard facilities to obtain minimum approved safety training, provided by the Occupational and Safety Health Administration, and to file a certificate of completion with the Department of Labor. Contains enforcement provisions. Provides that the Act does not apply to any owner or operator that has an executed national or local labor agreement in effect pertaining to the performance of construction work at a given facility or site under the terms of the agreement. Requires applicable apprenticeship and training programs, approved by and registered with the U.S. Department of Labor's Office of Apprenticeship, providing minimum approved safety training for workers in high hazard facilities and contractors employing workers at high hazard facilities to file an annual report with the Department and the Illinois Works Review Panel. Provides that an owner or operator who violates the requirements of the Act shall be subject to a minimum civil penalty of $10,000 for each violation. Requires all moneys received by the Department as fees and civil penalties under the Act to be deposited into the Illinois Works Fund to be used to recruit, prescreen, and provide preapprenticeship skills training. Contains other provisions. Effective January 1, 2022.

House Floor Amendment No. 2
Replaces everything after the enacting clause with the provisions of House Amendment No. 1 with the following changes. In provisions creating the Investing in Illinois Works Tax Credit Act, makes changes to provisions concerning definitions. Provides that each owner or operator may claim an amount equal to $2,500 (rather than may apply for a credit up to 45% of qualified wages paid) against a tax imposed under specified provisions of the Illinois Income Tax Act for each member of its skilled and trained workforce who is also a qualifying graduate. Contains provisions regarding the application process for the credit. Provides that the credit shall not be awarded more than an aggregate of $20,000,000 in total tax credits. Contains provisions regarding penalties and recapture. Makes other changes. In provisions creating the Illinois Hazardous Workforce Materials Training Act, provides that the Illinois Department of Labor (rather than the Attorney General's Workers Rights Bureau, in conjunction with the Department) must certify that an emergency warrants noncompliance with the Act. Makes other changes. In provisions amending the Illinois Income Tax Act, removes changes to the reporting periods upon which the amount computed for maximum credit is based. Makes other changes. Effective January 1, 2022.

 Fiscal Note, House Floor Amendment No. 2 (Dept. of Labor)
 There is no fiscal impact to the Department of Labor by the Illinois Works Tax Credit Act and the amendments to the Illinois Income Tax Act. The fiscal impact to the Department of Labor by the Illinois Hazardous Materials Workforce Training Act is estimated as follows: 3 Labor Conciliators (salary, benefits, and expenses): $179,917.93 each; 1 Information Services Specialist (salary, benefits, and expenses): $155,960.06; Total Department of Labor fiscal impact: $695,713.85.

 State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 HB 3437, as amended by House Amendment 2, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness.

Senate Committee Amendment No. 1
Deletes reference to:
35 ILCS 5/704A
Adds reference to:
35 ILCS 5/232 new

Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. In provisions creating the Investing in Illinois Works Tax Credit Act, makes changes to provisions concerning definitions. Provides that for taxable years beginning on or after January 1, 2023 (rather than for reporting periods beginning on or after January 1, 2022) an owner or operator may claim as a credit against the tax imposed under specified provisions of the Illinois Income Tax Act an amount equal to the amount of Illinois income tax withheld from the compensation paid to each qualifying employee and paid to the Department of Revenue, not to exceed (rather than equal to) $2,500 per calendar year for each qualifying employee. Provides that for partners and shareholders of Subchapter S corporations, there shall be allowed a credit to be determined in accordance with the determination of income and distributive share of income under specified provisions of the Internal Revenue Code. Removes language providing that specified provisions are exempt from specified provisions of the Illinois Income Tax Act. Makes other changes. In provisions creating the Illinois Hazardous Materials Workforce Training Act, provides the findings of the General Assembly. Makes changes to provisions concerning definitions. Provides that within 3 days after an emergency resulting in a failure to comply with the Act, an owner or operator must notify the Department that such an event occurred and provide documentation supporting its claim that compliance with the Act was impracticable. Makes changes to provisions concerning enforcement and reporting requirements. Requires the Department of Labor to consider the gravity of a violation in determining the amount of the penalty for the violation. Provides that if the Department finds that a contractor or owner or operator failed to pay the prevailing rate of wages to construction workers at a stationary source as required under the Act, the Department shall have the ability to recover unpaid or underpaid wages, plus a 5% monthly penalty, on behalf of and payable to the workers. Makes other changes. Removes language allowing the Department of Labor to adopt emergency rules under the amendatory Act. Amends the Illinois Income Tax Act. Contains provisions regarding the Investing in Illinois Works Tax Credit (rather than amending provisions regarding employers' returns and payments withheld). Provides an effective date of January 1, 2023 (rather than January 1, 2022).

Actions 
DateChamber Action
  2/19/2021HouseFiled with the Clerk by Rep. Lawrence Walsh, Jr.
  2/22/2021HouseFirst Reading
  2/22/2021HouseReferred to Rules Committee
  3/12/2021HouseAdded Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  3/12/2021HouseAdded Chief Co-Sponsor Rep. Jay Hoffman
  3/16/2021HouseAssigned to Executive Committee
  3/22/2021HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Lawrence Walsh, Jr.
  3/22/2021HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/23/2021HouseRe-assigned to Labor & Commerce Committee
  3/23/2021HouseHouse Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee
  3/27/2021HouseRule 19(a) / Re-referred to Rules Committee
  3/27/2021HouseHouse Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
  4/6/2021HouseAssigned to Labor & Commerce Committee
  4/6/2021HouseHouse Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee
  4/6/2021HouseCommittee Deadline Extended-Rule 9(b) April 23, 2021
  4/14/2021HouseAdded Co-Sponsor Rep. Dave Vella
  4/14/2021HouseAdded Chief Co-Sponsor Rep. Jaime M. Andrade, Jr.
  4/14/2021HouseHouse Committee Amendment No. 1 Adopted in Labor & Commerce Committee; by Voice Vote
  4/14/2021HouseDo Pass as Amended / Standard Debate Labor & Commerce Committee; 015-011-000
  4/15/2021HousePlaced on Calendar 2nd Reading - Standard Debate
  4/20/2021HouseAdded Co-Sponsor Rep. Carol Ammons
  4/20/2021HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Lawrence Walsh, Jr.
  4/20/2021HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/20/2021HouseAdded Co-Sponsor Rep. Lindsey LaPointe
  4/20/2021HouseAdded Co-Sponsor Rep. Anna Moeller
  4/20/2021HouseAdded Co-Sponsor Rep. Delia C. Ramirez
  4/20/2021HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  4/20/2021HouseAdded Co-Sponsor Rep. Maura Hirschauer
  4/20/2021HouseAdded Co-Sponsor Rep. Joyce Mason
  4/20/2021HouseAdded Co-Sponsor Rep. Martin J. Moylan
  4/20/2021HouseAdded Co-Sponsor Rep. Frances Ann Hurley
  4/20/2021HouseAdded Co-Sponsor Rep. Angelica Guerrero-Cuellar
  4/20/2021HouseAdded Co-Sponsor Rep. Eva-Dina Delgado
  4/20/2021HouseAdded Co-Sponsor Rep. Edgar Gonzalez, Jr.
  4/20/2021HouseAdded Co-Sponsor Rep. Barbara Hernandez
  4/20/2021HouseAdded Co-Sponsor Rep. Dagmara Avelar
  4/20/2021HouseAdded Co-Sponsor Rep. Robert Rita
  4/20/2021HouseAdded Co-Sponsor Rep. Margaret Croke
  4/20/2021HouseAdded Co-Sponsor Rep. John C. D'Amico
  4/20/2021HouseAdded Co-Sponsor Rep. Aaron M. Ortiz
  4/21/2021HouseHouse Floor Amendment No. 2 Rules Refers to Labor & Commerce Committee
  4/21/2021HouseSecond Reading - Standard Debate
  4/21/2021HouseHeld on Calendar Order of Second Reading - Standard Debate
  4/22/2021HouseHouse Floor Amendment No. 2 Recommends Be Adopted Labor & Commerce Committee; 016-012-000
  4/22/2021HouseHouse Floor Amendment No. 2 Fiscal Note Requested as Amended by Rep. Tom Demmer
  4/22/2021HouseHouse Floor Amendment No. 2 State Debt Impact Note Requested as Amended by Rep. Tom Demmer
  4/22/2021HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Requested as Amended by Rep. Tom Demmer
  4/22/2021HouseHouse Floor Amendment No. 2 Fiscal Note Filed as Amended
  4/22/2021HouseAdded Chief Co-Sponsor Rep. Jawaharial Williams
  4/22/2021HouseHouse Floor Amendment No. 2 State Debt Impact Note Filed as Amended
  4/22/2021HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Request as Amended is Inapplicable
  4/22/2021HouseHouse Floor Amendment No. 2 Adopted
  4/22/2021HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  4/22/2021HouseRemoved from Standard Debate Status
  4/22/2021HousePlaced on Calendar Order of 3rd Reading - Extended Debate
  4/22/2021HouseThird Reading - Extended Debate - Passed 071-043-000
  4/22/2021HouseMotion Filed to Reconsider Vote Rep. Natalie A. Manley
  4/23/2021HouseAdded Co-Sponsor Rep. Lakesia Collins
  4/23/2021HouseMotion to Reconsider Vote - Withdrawn Rep. Natalie A. Manley
  4/23/2021SenateArrive in Senate
  4/23/2021SenatePlaced on Calendar Order of First Reading
  4/23/2021SenateChief Senate Sponsor Sen. Michael E. Hastings
  4/23/2021SenateFirst Reading
  4/23/2021SenateReferred to Assignments
  4/26/2021SenateAdded as Alternate Co-Sponsor Sen. Antonio Muņoz
  4/26/2021SenateAdded as Alternate Co-Sponsor Sen. Neil Anderson
  4/27/2021SenateAdded as Alternate Co-Sponsor Sen. Rachelle Crowe
  4/27/2021SenateAdded as Alternate Co-Sponsor Sen. Bill Cunningham
  4/28/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Doris Turner
  4/28/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Cristina Castro
  4/28/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford
  4/28/2021SenateAdded as Alternate Co-Sponsor Sen. Christopher Belt
  4/28/2021SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  4/29/2021SenateAdded as Alternate Co-Sponsor Sen. John Connor
  4/29/2021SenateAdded as Alternate Co-Sponsor Sen. Karina Villa
  4/30/2021SenateAdded as Alternate Co-Sponsor Sen. David Koehler
  4/30/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Melinda Bush
  5/3/2021SenateAdded as Alternate Co-Sponsor Sen. Ram Villivalam
  5/3/2021SenateAdded as Alternate Co-Sponsor Sen. Scott M. Bennett
  5/4/2021SenateAdded as Alternate Co-Sponsor Sen. Meg Loughran Cappel
  5/4/2021SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  5/4/2021SenateAdded as Alternate Co-Sponsor Sen. Robert Peters
  5/5/2021SenateAdded as Alternate Co-Sponsor Sen. Julie A. Morrison
  5/10/2021SenateAdded as Alternate Co-Sponsor Sen. Adriane Johnson
  5/10/2021SenateAssigned to Executive
  5/13/2021SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Michael E. Hastings
  5/13/2021SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/17/2021SenateSponsor Removed Sen. Jacqueline Y. Collins
  5/18/2021SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
  5/18/2021SenateSponsor Removed Sen. Adriane Johnson
  5/19/2021SenateSenate Committee Amendment No. 1 Adopted
  5/19/2021SenateDo Pass as Amended Executive; 010-006-000
  5/19/2021SenatePlaced on Calendar Order of 2nd Reading May 20, 2021
  5/20/2021SenateAdded as Alternate Co-Sponsor Sen. Sara Feigenholtz
  5/28/2021SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Michael E. Hastings
  5/28/2021SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/29/2021SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  5/29/2021SenateSenate Floor Amendment No. 2 Assignments Refers to Executive
  5/29/2021SenateSenate Floor Amendment No. 2 Postponed - Executive
  5/30/2021SenateSecond Reading
  5/30/2021SenatePlaced on Calendar Order of 3rd Reading May 31, 2021
  5/31/2021SenateRule 2-10 Third Reading Deadline Established As June 15, 2021
  6/15/2021SenateRule 3-9(a) / Re-referred to Assignments
  7/16/2021SenateSenate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments
  1/10/2023HouseSession Sine Die

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