Bill Status of HB 1795   95th General Assembly

Short Description:  EMPLOYEE CLASSIFICATION ACT

House Sponsors
Rep. Harry Osterman-Mary E. Flowers, Patrick J Verschoore, Michael K. Smith, Brandon W. Phelps, Al Riley, Elga L. Jefferies and Angelo Saviano

Senate Sponsors
(Sen. Debbie DeFrancesco Halvorson-James A. DeLeo-M. Maggie Crotty-David Koehler-Kwame Raoul, Michael Noland, Jacqueline Y. Collins, A. J. Wilhelmi, Antonio Munoz, Gary Forby, Edward D. Maloney, Martin A. Sandoval, Iris Y. Martinez, William Delgado and Linda Holmes)


Last Action  View All Actions

DateChamber Action
  8/6/2007HousePublic Act . . . . . . . . . 95-0026

Statutes Amended In Order of Appearance
New Act
15 ILCS 405/9.06 new
20 ILCS 1005/1005-160 new
20 ILCS 1505/1505-125 new
20 ILCS 2505/2505-750 new
30 ILCS 105/5.675 new
30 ILCS 500/50-70
820 ILCS 305/26.1 new

Synopsis As Introduced
Creates the Employee Classification Act. Provides that an individual performing services for a contractor is deemed to be an employee of the employer. Provides that an individual performing services for a contractor is deemed to be an employee of the contractor unless it is shown that: (1) the individual has been and will continue to be free from control or direction over the performance of the service for the contractor, both under the individual's contract of service and in fact; (2) the service performed by the individual is outside the usual course of services performed by the contractor; and (3) the individual is engaged in an independently established trade, occupation, profession or business; or (4) the individual is deemed a legitimate sole proprietor or partnership. Provides that subcontractors or lower tiered contractors are subject to all provisions of the Act. Provides that he Department of Labor shall post a summary of the requirements of this Act in English, Spanish, and Polish on its official web site and on bulletin boards in each of its offices. Provides that it is a violation of the Act for an employer or entity not to designate an individual as an employee under the Act unless the employer or entity satisfies the provisions of the Act. Provides for civil remedies and civil penalties. Amends various Acts to make conforming changes. Effective January 1, 2008.

House Amendment No. 1
Changes the definitions of "construction" and "performing services" to include moving construction related materials on the job site or to or from the job site.

Actions 
DateChamber Action
  2/23/2007HouseFiled with the Clerk by Rep. Harry Osterman
  2/23/2007HouseFirst Reading
  2/23/2007HouseReferred to Rules Committee
  2/27/2007HouseAssigned to Labor Committee
  3/14/2007HouseHouse Amendment No. 1 Filed with Clerk by Labor Committee
  3/14/2007HouseHouse Amendment No. 1 Adopted in Labor Committee; by Voice Vote
  3/14/2007HouseDo Pass as Amended / Standard Debate Labor Committee; 013-009-000
  3/15/2007HousePlaced on Calendar 2nd Reading - Standard Debate
  3/21/2007HouseAdded Co-Sponsor Rep. Patrick J Verschoore
  3/22/2007HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  3/22/2007HouseAdded Chief Co-Sponsor Rep. Al Riley
  3/22/2007HouseAdded Co-Sponsor Rep. Michael K. Smith
  3/22/2007HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  3/27/2007HouseRemove Chief Co-Sponsor Rep. Al Riley
  3/27/2007HouseAdded Co-Sponsor Rep. Al Riley
  3/27/2007HouseSecond Reading - Standard Debate
  3/27/2007HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  3/27/2007HouseAdded Co-Sponsor Rep. Elga L. Jefferies
  3/28/2007HouseAdded Co-Sponsor Rep. Angelo Saviano
  4/19/2007HouseThird Reading - Standard Debate - Passed 064-051-000
  4/19/2007HouseMotion Filed to Reconsider Vote Rep. Sidney H. Mathias
  4/19/2007HouseMotion to Reconsider Vote - Lost 051-065-000
  4/20/2007SenateArrive in Senate
  4/20/2007SenatePlaced on Calendar Order of First Reading
  4/20/2007SenateChief Senate Sponsor Sen. Debbie DeFrancesco Halvorson
  4/20/2007SenateFirst Reading
  4/20/2007SenateReferred to Rules
  4/26/2007SenateAdded as Alternate Chief Co-Sponsor Sen. James A. DeLeo
  5/3/2007SenateAdded as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty
  5/3/2007SenateAdded as Alternate Chief Co-Sponsor Sen. David Koehler
  5/3/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul
  5/3/2007SenateAssigned to Labor
  5/15/2007SenateHeld in Labor
  5/15/2007SenateRule 3-9(a) / Re-referred to Rules
  5/15/2007SenateAdded as Alternate Co-Sponsor Sen. Michael Noland
  5/15/2007SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  5/15/2007SenateAdded as Alternate Co-Sponsor Sen. A. J. Wilhelmi
  5/15/2007SenateAdded as Alternate Co-Sponsor Sen. Antonio Munoz
  5/16/2007SenateAdded as Alternate Co-Sponsor Sen. Gary Forby
  5/16/2007SenateAdded as Alternate Co-Sponsor Sen. Edward D. Maloney
  5/16/2007SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  5/16/2007SenateAdded as Alternate Co-Sponsor Sen. Iris Y. Martinez
  5/17/2007SenateAdded as Alternate Co-Sponsor Sen. William Delgado
  5/17/2007SenateApproved for Consideration Rules
  5/17/2007SenatePlaced on Calendar Order of 2nd Reading May 18, 2007
  5/18/2007SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  5/18/2007SenateSecond Reading
  5/18/2007SenatePlaced on Calendar Order of 3rd Reading May 22, 2007
  5/22/2007SenateThird Reading - Passed; 038-019-000
  5/22/2007HousePassed Both Houses
  6/13/2007HouseSent to the Governor
  8/6/2007HouseGovernor Approved
  8/6/2007HouseEffective Date January 1, 2008
  8/6/2007HousePublic Act . . . . . . . . . 95-0026

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