Bill Status of HB 2649   98th General Assembly

Short Description:  EMPLOY-CLASSIFICATION-PENALTY

House Sponsors
Rep. Luis Arroyo-Michael J. Zalewski-Robert F. Martwick-Lou Lang-John D'Amico

Senate Sponsors
(Sen. Bill Cunningham-Iris Y. Martinez-Kwame Raoul-William Delgado)


Last Action  View All Actions

DateChamber Action
  7/23/2013HousePublic Act . . . . . . . . . 98-0106

Statutes Amended In Order of Appearance
820 ILCS 185/5
820 ILCS 185/25
820 ILCS 185/30
820 ILCS 185/40
820 ILCS 185/55
820 ILCS 185/63 new

Synopsis As Introduced
Amends the Employee Classification Act. Includes an individual within the scope of the term "contractor". Provides for notice to an employer of violations and penalties and for a time within which an employer may request a hearing; provides for a formal administrative hearing. Makes changes concerning responsibilities of the Attorney General and the recovery of penalties. Includes discipline within acts prohibited as retaliation against a person for exercising rights under the Act, and adds provisions concerning review, an investigation, and a formal hearing. Provides for individual officers and agents of employers to be liable under the Act.

House Committee Amendment No. 1
Deletes reference to:
820 ILCS 185/55

Replaces everything after the enacting clause. Amends the Employee Classification Act. Provides for notice to an employer of violations and penalties and for a time within which an employer may request a hearing; provides for a formal administrative hearing. Makes changes concerning responsibilities of the Attorney General and the recovery of penalties. Adds provisions concerning review, an investigation, and a formal hearing. Provides for individual officers and agents of employers to be liable under the Act.

Senate Committee Amendment No. 1
Provides that within 120 days of the filing of a complaint, the Department of Labor shall notify the employer in writing of the filing of a complaint and provide the employer the location and approximate date of the project or projects, affected contractors, and the nature of the allegations being investigated. Provides that after the Department has issued findings, the employer has 28 calendar days to answer the allegations contained in the Department's findings and, if an employer fails to answer, any unanswered allegations are deemed admitted to be true for the purpose of the Administrative Law Judge's final decision. Provides that an employer that fails to answer allegations that form the basis of a final decision has 30 calendar days to file a motion to vacate the final decision and demonstrate good cause for failing to answer. Provides that if the Administrative Law Judge grants the motion to vacate, the employer shall be afforded an opportunity to answer and the matter shall proceed as if an answer to the Department's original findings had been filed. Deletes language in the engrossed bill regarding the Department's authority to adopt rules for the hearing process. Lowers the civil penalties for violating the Act from $1,500 to $1,000 per violation in the first audit, and from $2,500 to $2,000 per violation in subsequent audits. Makes other changes.

Actions 
DateChamber Action
  2/21/2013HouseFiled with the Clerk by Rep. Luis Arroyo
  2/21/2013HouseFirst Reading
  2/21/2013HouseReferred to Rules Committee
  3/4/2013HouseAssigned to Labor & Commerce Committee
  3/15/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Luis Arroyo
  3/15/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/18/2013HouseHouse Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee
  3/20/2013HouseHouse Committee Amendment No. 1 Adopted in Labor & Commerce Committee; by Voice Vote
  3/20/2013HouseDo Pass as Amended / Short Debate Labor & Commerce Committee; 012-006-000
  3/21/2013HousePlaced on Calendar 2nd Reading - Short Debate
  4/10/2013HouseSecond Reading - Short Debate
  4/10/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/16/2013HouseThird Reading - Short Debate - Passed 066-045-001
  4/16/2013HouseVerified
  4/16/2013HouseAdded Chief Co-Sponsor Rep. Michael J. Zalewski
  4/16/2013HouseAdded Chief Co-Sponsor Rep. Robert F. Martwick
  4/16/2013HouseAdded Chief Co-Sponsor Rep. Lou Lang
  4/16/2013HouseAdded Chief Co-Sponsor Rep. John D'Amico
  4/16/2013SenateArrive in Senate
  4/16/2013SenatePlaced on Calendar Order of First Reading April 17, 2013
  4/16/2013SenateChief Senate Sponsor Sen. Andy Manar
  4/17/2013SenateFirst Reading
  4/17/2013SenateReferred to Assignments
  4/24/2013SenateAssigned to Labor and Commerce
  4/30/2013SenateAlternate Chief Sponsor Changed to Sen. Bill Cunningham
  5/1/2013SenatePostponed - Labor and Commerce
  5/8/2013SenatePostponed - Labor and Commerce
  5/10/2013SenateRule 2-10 Committee Deadline Established As May 31, 2013
  5/15/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Bill Cunningham
  5/15/2013SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/15/2013SenateSenate Committee Amendment No. 1 Assignments Refers to Labor and Commerce
  5/16/2013SenateSenate Committee Amendment No. 1 Adopted
  5/16/2013SenateDo Pass as Amended Labor and Commerce; 010-004-000
  5/16/2013SenatePlaced on Calendar Order of 2nd Reading May 17, 2013
  5/16/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  5/20/2013SenateSecond Reading
  5/20/2013SenatePlaced on Calendar Order of 3rd Reading May 21, 2013
  5/21/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul
  5/22/2013SenateAdded as Alternate Chief Co-Sponsor Sen. William Delgado
  5/22/2013SenateThird Reading - Passed; 034-020-001
  5/22/2013HouseArrived in House
  5/22/2013HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/27/2013HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Luis Arroyo
  5/27/2013HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/27/2013HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Labor & Commerce Committee
  5/28/2013HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 012-007-000
  5/29/2013HouseSenate Committee Amendment No. 1 House Concurs 067-049-001
  5/29/2013HouseHouse Concurs
  5/29/2013HousePassed Both Houses
  6/19/2013HouseSent to the Governor
  7/23/2013HouseGovernor Approved
  7/23/2013HouseEffective Date January 1, 2014
  7/23/2013HousePublic Act . . . . . . . . . 98-0106

Back To Top