Bill Status of HB 2137   94th General Assembly

Short Description:  EMPLOYMENT-TECH

House Sponsors
Rep. Jay C. Hoffman-Patrick J Verschoore-Larry McKeon-Robert F. Flider-Lisa M. Dugan, Jack McGuire, Jack D. Franks, Linda Chapa LaVia, Charles E. Jefferson, Mike Boland, Careen M Gordon, Kurt M. Granberg, Eddie Washington, Arthur L. Turner, Richard T. Bradley and Dan Reitz

Senate Sponsors
(Sen. Terry Link-Mike Jacobs-Gary Forby, Iris Y. Martinez, Martin A. Sandoval and Mattie Hunter)


Last Action  View All Actions

DateChamber Action
  7/20/2005HousePublic Act . . . . . . . . . 94-0277

Statutes Amended In Order of Appearance
820 ILCS 160/2from Ch. 48, par. 39x

Synopsis As Introduced
Amends the Employee Benefit Contribution Act. Makes a technical change in a Section concerning the failure to make payments to an employee health insurance plan.

House Amendment No. 1
Deletes reference to:
820 ILCS 160/2
Adds reference to:
New Act
20 ILCS 1005/1005-160 new
30 ILCS 105/5.641 new
35 ILCS 5/917from Ch. 120, par. 9-917
820 ILCS 305/26.1 new

Deletes everything after the enacting clause. Creates the Truth in Employment Act. Requires a construction contractor for whom a person is performing work and is classified as an independent contractor with respect to that work to file a statement with the Department of Revenue once each year, and provides for penalties for late filing. Sets forth the required contents of the statement. Requires a summary of the requirements of the Act to be posted by the Department on its web site and its offices and by contractors on job sites. Provides for the Department of Revenue to conduct investigations if a report is not timely filed or if the Department finds that there is reason to suspect that a contractor has misclassified any employees as independent contractors, and provides that the Department shall hire investigators. Provides that contractors who misclassify any employees as independent contractors on a construction project are subject to specified penalties under the new Act and the Illinois Income Tax Act, including criminal penalties under the new Act to be prosecuted by the Attorney General or the appropriate State's Attorney. Authorizes the Department to adopt rules. Provides for judicial review under the Administrative Review Law. Amends the State Finance Act to create the Truth in Employment Fund and provides that moneys collected under the Act shall be deposited into the Fund and used by the Department, subject to appropriation, to administer and enforce the Act, and that moneys in the Fund at the end of a fiscal year in excess of those moneys necessary for the Department to carry out its powers and duties under this Act shall be transferred to the General Revenue Fund. Provides that there shall be no waiver of the Act and imposes criminal penalties for inducing any individual to waive any provision of the Act. Amends the Department of Employment Security Law and the Workers' Compensation Act to require cooperation with the Department of Revenue. Amends the Illinois Income Tax Act to require the Director of Revenue to make information available to the Attorney General or appropriate State's Attorney. Contains a severability clause.

Senate Committee Amendment No. 1
Provides that the duties of the Department of Revenue under this Act are subject to appropriation. Changes a reference from "report" to "statement". Changes certain references from "employer" to "contractor".

Senate Floor Amendment No. 3
Deletes reference to:
New Act
20 ILCS 1005/1005-160 new
30 ILCS 105/5.641 new
35 ILCS 5/917from Ch. 120, par. 9-917
820 ILCS 305/26.1 new
Adds reference to:
215 ILCS 5/1204from Ch. 73, par. 1065.904
820 ILCS 305/4from Ch. 48, par. 138.4
820 ILCS 305/7from Ch. 48, par. 138.7
820 ILCS 305/8from Ch. 48, par. 138.8
820 ILCS 305/8.2 new
820 ILCS 305/8.3 new
820 ILCS 305/8.7 new
820 ILCS 305/12from Ch. 48, par. 138.12
820 ILCS 305/13from Ch. 48, par. 138.13
820 ILCS 305/13.1from Ch. 48, par. 138.13-1
820 ILCS 305/14from Ch. 48, par. 138.14
820 ILCS 305/16from Ch. 48, par. 138.16
820 ILCS 305/19from Ch. 48, par. 138.19
820 ILCS 305/25.5 new
820 ILCS 310/12from Ch. 48, par. 172.47
820 ILCS 310/19from Ch. 48, par. 172.54

Deletes everything after the enacting clause. Amends the Illinois Insurance Code. Requires certain advisory organizations to file reports with the Secretary of Financial and Professional Regulation and make those reports available, on an aggregate basis, to the General Assembly and to the general public. Amends the Workers' Compensation Act by making numerous changes regarding failure of an employer to provide coverage as required by the Act, payments for burial expenses, payments and transfers to the Rate Adjustment Fund, standards for payments for accidental injuries and medical expenses, payment of health care providers in accordance with fee schedules, creation of a Workers' Compensation Medical Fee Advisory Board, utilization review programs for workers' compensation services, payments to employees requested by an employer to submit to medical examinations, appointment of 3 additional members to the Illinois Workers' Compensation Commission, expanding the membership of the Workers' Compensation Advisory Board and changing its composition, submission of records, reports, and bills to the Commission, procedures in contested cases and violations related to contested cases, penalties for false or fraudulent claims and statements and other fraud, and other matters. Makes corresponding changes in the Workers' Occupational Diseases Act. Contains applicability and inseverability provisions. Effective immediately.

Senate Floor Amendment No. 5
Makes a change in the definition of "utilization review".

Actions 
DateChamber Action
  2/14/2005HouseFiled with the Clerk by Rep. Michael J. Madigan
  2/14/2005HouseChief Co-Sponsor Rep. Barbara Flynn Currie
  2/14/2005HouseChief Co-Sponsor Rep. Larry McKeon
  2/16/2005HouseFirst Reading
  2/16/2005HouseReferred to Rules Committee
  2/17/2005HouseAssigned to Executive Committee
  3/9/2005HouseHouse Amendment No. 1 Filed with Clerk by Executive Committee
  3/9/2005HouseHouse Amendment No. 1 Adopted in Executive Committee; by Voice Vote
  3/9/2005HouseMotion Do Pass as Amended - Lost Executive Committee; 003-002-000
  3/9/2005HouseDo Pass as Amended / Short Debate Executive Committee; 007-003-000
  3/10/2005HousePlaced on Calendar 2nd Reading - Short Debate
  3/10/2005HouseChief Sponsor Changed to Rep. Patrick J Verschoore
  3/14/2005HouseRemove Chief Co-Sponsor Rep. Barbara Flynn Currie
  4/5/2005HouseAdded Chief Co-Sponsor Rep. Robert F. Flider
  4/5/2005HouseAdded Chief Co-Sponsor Rep. Lisa M. Dugan
  4/5/2005HouseAdded Chief Co-Sponsor Rep. Careen M Gordon
  4/8/2005HouseSecond Reading - Short Debate
  4/8/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  4/14/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/15/2005HouseThird Reading - Short Debate - Passed 069-047-000
  4/15/2005HouseAdded Co-Sponsor Rep. Jack McGuire
  4/15/2005HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/15/2005HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/15/2005HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  4/15/2005HouseAdded Co-Sponsor Rep. Mike Boland
  4/15/2005SenateArrive in Senate
  4/15/2005SenatePlaced on Calendar Order of First Reading April 19, 2005
  4/15/2005SenateChief Senate Sponsor Sen. Mike Jacobs
  4/19/2005SenateFirst Reading
  4/19/2005SenateReferred to Rules
  4/21/2005SenateAssigned to Labor
  5/2/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Mike Jacobs
  5/2/2005SenateSenate Committee Amendment No. 1 Referred to Rules
  5/3/2005SenateSenate Committee Amendment No. 1 Rules Refers to Labor
  5/5/2005SenateSenate Committee Amendment No. 1 Adopted
  5/5/2005SenateDo Pass as Amended Labor; 006-003-000
  5/5/2005SenatePlaced on Calendar Order of 2nd Reading May 10, 2005
  5/11/2005SenateSecond Reading
  5/11/2005SenatePlaced on Calendar Order of 3rd Reading May 12, 2005
  5/17/2005SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Mike Jacobs
  5/17/2005SenateSenate Floor Amendment No. 2 Referred to Rules
  5/20/2005SenateRule 2-10 Third Reading Deadline Extended to December 31, 2005
  5/23/2005SenateSenate Floor Amendment No. 2 Rules Refers to Labor
  5/24/2005SenateSenate Floor Amendment No. 2 Held in Labor
  5/26/2005SenateAlternate Chief Sponsor Changed to Sen. Terry Link
  5/26/2005SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Terry Link
  5/26/2005SenateSenate Floor Amendment No. 3 Referred to Rules
  5/26/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Mike Jacobs
  5/26/2005SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Dan Cronin
  5/26/2005SenateSenate Floor Amendment No. 4 Referred to Rules
  5/26/2005SenateSenate Floor Amendment No. 3 Rules Refers to Executive
  5/26/2005SenateSenate Floor Amendment No. 3 Recommend Do Adopt Executive; 008-001-002
  5/26/2005SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. Terry Link
  5/26/2005SenateSenate Floor Amendment No. 5 Referred to Rules
  5/26/2005SenateSenate Floor Amendment No. 5 Be Approved for Consideration Rules
  5/26/2005SenateRecalled to Second Reading
  5/26/2005SenateSenate Floor Amendment No. 3 Adopted; Link
  5/26/2005SenateSenate Floor Amendment No. 5 Adopted; Link
  5/26/2005SenatePlaced on Calendar Order of 3rd Reading
  5/26/2005SenateThird Reading - Passed; 049-004-006
  5/26/2005SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/26/2005SenateSenate Floor Amendment No. 4 Tabled Pursuant to Rule 5-4(a)
  5/27/2005SenateAdded as Alternate Co-Sponsor Sen. Iris Y. Martinez
  5/27/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Gary Forby
  5/27/2005HouseArrived in House
  5/27/2005HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,3,5
  5/27/2005HouseChief Sponsor Changed to Rep. Jay C. Hoffman
  5/27/2005HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Jay C. Hoffman; Motion #1
  5/27/2005HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/27/2005HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Jay C. Hoffman; Motion #2
  5/27/2005HouseSenate Floor Amendment No. 5 Motion Filed Concur Rep. Jay C. Hoffman; Motion #2
  5/27/2005HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/27/2005HouseSenate Floor Amendment No. 5 Motion to Concur Referred to Rules Committee
  5/27/2005HouseAdded Chief Co-Sponsor Rep. Patrick J Verschoore
  5/27/2005HouseRemove Chief Co-Sponsor Rep. Careen M Gordon
  5/27/2005HouseAdded Co-Sponsor Rep. Careen M Gordon
  5/27/2005HouseSenate Floor Amendment No. 3 Motion to Concur Rules Referred to Labor Committee; Motion #1
  5/27/2005HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Labor Committee; Motion #2
  5/27/2005HouseSenate Floor Amendment No. 5 Motion to Concur Rules Referred to Labor Committee; Motion #2
  5/27/2005HouseAdded Co-Sponsor Rep. Kurt M. Granberg
  5/27/2005HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Labor Committee; 016-000-001
  5/27/2005HouseSenate Floor Amendment No. 3 Motion to Concur Recommends be Adopted Labor Committee; 016-000-001
  5/27/2005HouseSenate Floor Amendment No. 5 Motion to Concur Recommends be Adopted Labor Committee; 016-000-001
  5/27/2005HouseAdded Co-Sponsor Rep. Eddie Washington
  5/27/2005HouseAdded Co-Sponsor Rep. Arthur L. Turner
  5/27/2005HouseAdded Co-Sponsor Rep. Richard T. Bradley
  5/27/2005HouseAdded Co-Sponsor Rep. Dan Reitz
  5/27/2005HouseSenate Committee Amendment No. 1 House Concurs 113-002-001
  5/27/2005HouseSenate Floor Amendment No. 3 House Concurs 113-002-001
  5/27/2005HouseSenate Floor Amendment No. 5 House Concurs 113-002-001
  5/27/2005HousePassed Both Houses
  5/28/2005SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  5/28/2005SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/28/2005HouseSent to the Governor
  7/20/2005HouseGovernor Approved
  7/20/2005HouseEffective Date July 20, 2005
  7/20/2005HousePublic Act . . . . . . . . . 94-0277

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