Bill Status of HB4324  100th General Assembly

Short Description:  WAGE LIEN ACT

House Sponsors
Rep. Emanuel Chris Welch - William Davis - Juliana Stratton - Elizabeth Hernandez - Mary E. Flowers, Theresa Mah, Lawrence Walsh, Jr., Gregory Harris, Kelly M. Cassidy, Carol Ammons, Rita Mayfield, Jay Hoffman, Christian L. Mitchell, Barbara Flynn Currie, Lou Lang, Melissa Conyears-Ervin, Kathleen Willis, Will Guzzardi, Jaime M. Andrade, Jr., Stephanie A. Kifowit, Ann M. Williams, Laura Fine, Michael Halpin, Litesa E. Wallace, Sonya M. Harper, Robert Martwick, Martin J. Moylan, Linda Chapa LaVia, Luis Arroyo, Marcus C. Evans, Jr., Jonathan Carroll, Natalie A. Manley, Sara Feigenholtz, Daniel J. Burke, Silvana Tabares, Sam Yingling, LaToya Greenwood and Katie Stuart

Senate Sponsors
(Sen. Kimberly A. Lightford - Iris Y. Martinez - Jacqueline Y. Collins - Elgie R. Sims, Jr., Thomas Cullerton, Steven M. Landek, Melinda Bush, Antonio Muņoz, William R. Haine, Patricia Van Pelt, Cristina Castro, Don Harmon, Linda Holmes, Kwame Raoul and Mattie Hunter)

Last Action
DateChamber Action
  1/8/2019HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Wage Lien Act. Provides that a lien exists on an employer's property for the amount of unpaid wages owed to an employee. Defines terms and includes provisions concerning creation of the lien; exemptions; notice; limitations; recording of the lien; enforcement; other claims on the employer's property; successor obligations; and construction.

 State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
 This bill does not create a State mandate.

 Fiscal Note (Dept. of Labor)
 The Department of Labor currently lacks expertise in the filing and enforcement of liens. With passage of this bill, the Department will need to add a minimum of three full-time staff to devise and implement new lien procedures, research, file, and process the liens. Also, two additional attorneys preferably with lien recovery experience are needed to review for enforcement sufficiency and to represent the Department at hearings. Additionally, two administrative law judges with lien recovery and or Uniform Commercial Code expertise would also be needed to handle the increase in administrative hearings. Administrative costs include postage, filing fees, office supplies and new employee IT equipment and licensing. Currently, according to the Cook County Recorder of Deeds, recording costs for liens range from $25.00 to $32.00. The Department estimate that if we had this additional staff the number of liens that we could theoretically record would be around 1,000 to 1,500 per year. Fiscal Impact = $1,038,336 (7 Headcount = $972,336; Administrative Costs = $66,000)

 State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
 Does not create a State Mandate.

House Floor Amendment No. 2
Deletes reference to:
New Act
Adds reference to:
820 ILCS 115/11from Ch. 48, par. 39m-11
820 ILCS 115/11.3 new
820 ILCS 115/14from Ch. 48, par. 39m-14

Replaces everything after the enacting clause. Amends the Illinois Wage Payment and Collection Act. Provides that the Department of Labor shall adjudicate claims under the Act within 30 days. Provides that the Department shall request that an employer deposit up to 10% of a disputed wage claim with the Department pending adjudication of the claim. Increases the administrative fees imposed upon an employer who has been demanded or ordered by the Department or a court to a pay wage settlement. Authorizes the placement of a judgment lien upon an employer's real estate and authorizes action under the Code of Civil Procedure for a citation or a supplementary proceeding to discover assets.

Senate Committee Amendment No. 1
Provides that the 30-day adjudication period begins upon the claim being filed. Requires the Department of Labor to send a notice of a wage claim when requesting escrow for disputed claims. Removes the 45-day limit on holding the escrowed moneys.

Actions 
DateChamber Action
  1/23/2018HouseFiled with the Clerk by Rep. Emanuel Chris Welch
  1/26/2018HouseFirst Reading
  1/26/2018HouseReferred to Rules Committee
  1/31/2018HouseAdded Chief Co-Sponsor Rep. William Davis
  1/31/2018HouseAdded Co-Sponsor Rep. Theresa Mah
  2/5/2018HouseAssigned to Labor & Commerce Committee
  2/9/2018HouseAdded Chief Co-Sponsor Rep. Juliana Stratton
  2/13/2018HouseAdded Chief Co-Sponsor Rep. Elizabeth Hernandez
  2/13/2018HouseAdded Co-Sponsor Rep. Lawrence Walsh, Jr.
  2/13/2018HouseAdded Co-Sponsor Rep. Gregory Harris
  2/13/2018HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  2/13/2018HouseAdded Co-Sponsor Rep. Carol Ammons
  2/13/2018HouseAdded Co-Sponsor Rep. Rita Mayfield
  2/13/2018HouseAdded Co-Sponsor Rep. Jay Hoffman
  2/13/2018HouseAdded Co-Sponsor Rep. Christian L. Mitchell
  2/13/2018HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  2/13/2018HouseAdded Co-Sponsor Rep. Lou Lang
  2/13/2018HouseAdded Co-Sponsor Rep. Melissa Conyears-Ervin
  2/13/2018HouseAdded Co-Sponsor Rep. Kathleen Willis
  2/13/2018HouseAdded Co-Sponsor Rep. Will Guzzardi
  2/13/2018HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  2/13/2018HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  2/13/2018HouseAdded Co-Sponsor Rep. Ann M. Williams
  2/13/2018HouseAdded Co-Sponsor Rep. Laura Fine
  2/14/2018HouseAdded Co-Sponsor Rep. Michael Halpin
  2/14/2018HouseAdded Co-Sponsor Rep. Litesa E. Wallace
  2/14/2018HouseAdded Co-Sponsor Rep. Sonya M. Harper
  2/14/2018HouseAdded Co-Sponsor Rep. Robert Martwick
  2/14/2018HouseAdded Co-Sponsor Rep. Martin J. Moylan
  2/14/2018HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  2/14/2018HouseAdded Co-Sponsor Rep. Luis Arroyo
  2/14/2018HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  2/27/2018HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Emanuel Chris Welch
  2/27/2018HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/28/2018HouseDo Pass / Standard Debate Labor & Commerce Committee; 015-011-000
  2/28/2018HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/1/2018HousePlaced on Calendar 2nd Reading - Standard Debate
  3/1/2018HouseFiscal Note Requested by Rep. Tom Demmer
  3/1/2018HouseState Mandates Fiscal Note Requested by Rep. Tom Demmer
  3/8/2018HouseState Mandates Fiscal Note Filed
  3/9/2018HouseFiscal Note Filed
  4/5/2018HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  4/11/2018HouseAdded Co-Sponsor Rep. Jonathan Carroll
  4/16/2018HouseState Mandates Fiscal Note Filed
  4/18/2018HouseAdded Co-Sponsor Rep. Natalie A. Manley
  4/19/2018HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  4/19/2018HouseAdded Co-Sponsor Rep. Daniel J. Burke
  4/19/2018HouseAdded Co-Sponsor Rep. Silvana Tabares
  4/19/2018HouseAdded Co-Sponsor Rep. Sam Yingling
  4/23/2018HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jay Hoffman
  4/23/2018HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/24/2018HouseHouse Floor Amendment No. 2 Rules Refers to Labor & Commerce Committee
  4/25/2018HouseSecond Reading - Standard Debate
  4/25/2018HouseHeld on Calendar Order of Second Reading - Standard Debate
  4/26/2018HouseHouse Floor Amendment No. 2 Recommends Be Adopted Labor & Commerce Committee; 025-000-000
  4/27/2018HouseHouse Floor Amendment No. 2 Adopted
  4/27/2018HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  4/27/2018HouseThird Reading - Standard Debate - Passed 088-003-000
  4/27/2018HouseAdded Co-Sponsor Rep. LaToya Greenwood
  4/27/2018HouseAdded Co-Sponsor Rep. Katie Stuart
  5/1/2018SenateArrive in Senate
  5/1/2018SenatePlaced on Calendar Order of First Reading
  5/1/2018SenateChief Senate Sponsor Sen. Kimberly A. Lightford
  5/1/2018SenateFirst Reading
  5/1/2018SenateReferred to Assignments
  5/2/2018SenateAssigned to Labor
  5/2/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  5/2/2018SenateAdded as Alternate Co-Sponsor Sen. Thomas Cullerton
  5/9/2018SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kimberly A. Lightford
  5/9/2018SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/9/2018SenateAdded as Alternate Co-Sponsor Sen. Steven M. Landek
  5/9/2018SenatePostponed - Labor
  5/9/2018SenateAdded as Alternate Co-Sponsor Sen. Melinda Bush
  5/9/2018SenateAdded as Alternate Co-Sponsor Sen. Antonio Muņoz
  5/9/2018SenateAdded as Alternate Co-Sponsor Sen. William R. Haine
  5/10/2018SenateAdded as Alternate Co-Sponsor Sen. Patricia Van Pelt
  5/10/2018SenateAdded as Alternate Co-Sponsor Sen. Cristina Castro
  5/10/2018SenateAdded as Alternate Co-Sponsor Sen. Don Harmon
  5/11/2018SenateRule 2-10 Committee Deadline Established As May 31, 2018
  5/15/2018SenateSenate Committee Amendment No. 1 Assignments Refers to Labor
  5/16/2018SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  5/22/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/23/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Elgie R. Sims, Jr.
  5/23/2018SenateSenate Committee Amendment No. 1 Adopted
  5/23/2018SenateDo Pass as Amended Labor; 011-005-000
  5/23/2018SenatePlaced on Calendar Order of 2nd Reading
  5/23/2018SenateSecond Reading
  5/23/2018SenatePlaced on Calendar Order of 3rd Reading May 24, 2018
  5/23/2018SenateAdded as Alternate Co-Sponsor Sen. Kwame Raoul
  5/25/2018SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/25/2018SenateThird Reading - Passed; 031-018-001
  5/25/2018HouseArrived in House
  5/25/2018HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/31/2018HouseSenate Committee Amendment No. 1 Motion Filed Non-Concur Rep. Emanuel Chris Welch
  5/31/2018HouseSenate Committee Amendment No. 1 Motion Prevailed ; - Non-Concur
  5/31/2018HouseHouse Non-Concurs
  6/7/2018SenateSecretary's Desk - Non-Concurrence Senate Amendment(s) 1
  6/7/2018SenatePlaced on Calendar Order of Non-Concurrence Senate Amendment(s) 1 - June 7, 2018
  7/8/2018SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  1/8/2019HouseSession Sine Die