Bill Status of HB 5002   94th General Assembly

Short Description:  EMPLOYEE CLASSIFICATION ACT

House Sponsors
Rep. Larry McKeon-Edward J. Acevedo, Esther Golar, Lovana Jones, Eddie Washington, Constance A. Howard, Patrick J Verschoore, Jack McGuire, Charles E. Jefferson and Lisa M. Dugan

Last Action  View All Actions

DateChamber Action
  1/9/2007HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act
20 ILCS 1005/1005-160 new
20 ILCS 2505/2505-750 new
30 ILCS 105/5.663 new
30 ILCS 500/50-70
820 ILCS 305/26.1 new

Synopsis As Introduced
Creates the Employee Classification Act. States that the Act is intended to address the practice of misclassifying employees as independent contractors. Provides that an individual performing any service is deemed to be an employee unless specified conditions are met. Requires summaries of the requirements of the Act to be posted by specified methods. Provides that it is a violation of the Act to misclassify persons performing services as employees. Contains provisions regarding: enforcement; investigations; hearings; remedies; review; contempt as a remedy; civil penalties for violations; creation of an Employee Classification Fund and the uses of moneys in the Fund; retaliation; creation of a private right of action; adoption of rules; criminal penalties; and other matters. Amends the State Finance Act to include the Fund as a special fund. Amends the Department of Employment Security Law, the Department of Revenue Law, and the Workers' Compensation Act to require cooperation with the Department of Labor. Amends the Illinois Procurement Act to conform to the new Act. Contains a severability clause. Effective July 1, 2006.

House Amendment No. 1
Adds reference to:
20 ILCS 1505/1505-125 new

Deletes everything after the enacting clause and re-inserts similar provisions. Limits the application of the Act to contractors, excludes the State of Illinois and its officers, agencies, or political subdivisions from the Act, and makes various changes regarding: definitions; standards for determining whether a violation has occurred; penalties and their disposition; willful violations; sharing of information among State agencies (with an amendment to the Department of Labor Law of the Civil Administrative Code of Illinois in addition to the amendatory provisions already in the bill); and other matters. Effective July 1, 2006.

Actions 
DateChamber Action
  1/23/2006HouseFiled with the Clerk by Rep. Gary Hannig
  1/23/2006HouseFirst Reading
  1/23/2006HouseReferred to Rules Committee
  2/9/2006HouseAdded Co-Sponsor Rep. Cynthia Soto
  2/9/2006HouseAdded Co-Sponsor Rep. William Delgado
  2/9/2006HouseAdded Co-Sponsor Rep. Edward J. Acevedo
  2/9/2006HouseAdded Co-Sponsor Rep. Esther Golar
  2/9/2006HouseAdded Co-Sponsor Rep. Lovana Jones
  2/9/2006HouseAdded Co-Sponsor Rep. Eddie Washington
  2/9/2006HouseAdded Co-Sponsor Rep. Constance A. Howard
  2/9/2006HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  2/14/2006HouseAssigned to Labor Committee
  2/14/2006HouseMotion to Suspend Rule 25 - Prevailed
  2/15/2006HouseAdded Co-Sponsor Rep. Patrick J Verschoore
  2/15/2006HouseAdded Co-Sponsor Rep. Jack McGuire
  2/15/2006HouseHouse Amendment No. 1 Filed with Clerk by Labor Committee
  2/15/2006HouseHouse Amendment No. 1 Adopted in Labor Committee; by Voice Vote
  2/15/2006HouseDo Pass as Amended / Short Debate Labor Committee; 012-007-000
  2/15/2006HousePlaced on Calendar 2nd Reading - Short Debate
  2/16/2006HouseAdded Chief Co-Sponsor Rep. Cynthia Soto
  2/16/2006HouseRemoved Co-Sponsor Rep. Cynthia Soto
  2/16/2006HouseRemoved Co-Sponsor Rep. William Delgado
  2/16/2006HouseRemoved Co-Sponsor Rep. Edward J. Acevedo
  2/16/2006HouseAdded Chief Co-Sponsor Rep. Karen A. Yarbrough
  2/16/2006HouseAdded Chief Co-Sponsor Rep. Edward J. Acevedo
  2/16/2006HouseAdded Chief Co-Sponsor Rep. William Delgado
  2/16/2006HouseSecond Reading - Short Debate
  2/16/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/21/2006HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  2/21/2006HouseChief Sponsor Changed to Rep. Larry McKeon
  2/24/2006HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  2/28/2006HouseRecalled to Second Reading - Short Debate
  2/28/2006HouseHeld on Calendar Order of Second Reading - Short Debate
  3/1/2006HouseRemove Chief Co-Sponsor Rep. William Delgado
  3/1/2006HouseHouse Amendment No. 2 Filed with Clerk by Rep. Larry McKeon
  3/1/2006HouseHouse Amendment No. 2 Referred to Rules Committee
  3/1/2006HouseRemoved Co-Sponsor Rep. Maria Antonia Berrios
  3/1/2006HouseRemove Chief Co-Sponsor Rep. Cynthia Soto
  3/1/2006HouseHouse Amendment No. 2 Rules Refers to Labor Committee
  3/2/2006HouseRemove Chief Co-Sponsor Rep. Karen A. Yarbrough
  3/3/2006HouseHouse Amendment No. 2 Re-Referred to Labor Committee
  3/3/2006HouseHouse Amendment No. 2 Re-Referred to Rules Committee
  3/3/2006HouseRule 19(a) / Re-referred to Rules Committee
  1/9/2007HouseSession Sine Die

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