MADIGAN,R. (CROSS-KENNER-WOOD-CLAYTON) New Act Creates the Employee Leasing Company Act to ensure that an employer that leases its workers obtains workers' compensation insurance coverage for all of its employees and that premium is paid commensurate with exposure and anticipated claim experience. Provides that an employee leasing company shall obtain a license from the Department of Insurance. Provides for registration in order to obtain a license. Provides that it is the employee leasing company's responsibility to purchase and maintain a separate policy providing standard worker's compensation and employers' liability insurance for each client company. Provides that a violation of the Act is grounds for cancellation or nonrenewal of a workers' compensation insurance policy. Provides that insurers shall audit policies issued under this Act. Contains other provisions. SENATE AMENDMENT NO. 1. Defines "long-term temporary arrangement". Provides that an employee leasing company may not engage in business in this State without first registering with the Department of Insurance (instead of without first obtaining a license from the Department). Provides that the registration shall include a list of the officers and directors of the company (instead of listing each and every person or entity who owns or owned a 5% or greater interest in the business). Provides that each registrant shall pay to the Department upon each renewal annually (instead of every 3 years) a registration fee of $500 (instead of $1,000). Removes the provision that prohibits registered organizations from referring to the registration in advertisements, marketing material, or publications. Provides that if any person is aggrieved by the misconduct of a registrant, that person may maintain an action (instead of maintaining an action, for misconduct of a licensee, in the person's own name upon the bond of the licensee or an amount not to exceed $100,000). Removes the provision that allows the Department to adjust any premiums when warranted. Provides that a person or entity that deprives one or more insurers of premiums otherwise properly payable commits a Class A misdemeanor (instead of a business offense). Includes failing to remit premiums on behalf of a client company and otherwise converting money or other funds remitted by the client company for payroll, insurance premiums, or other benefits in this penalty provision. Provides that upon conviction the person or entity shall be subject to restitution and a fine of $1,000 or the amount specified in the offense, whichever is greater (instead of a fine of not to exceed $1,000 for a natural person and not to exceed $5,000 for an organization). HOUSE AMENDMENT NO. 1. (House recedes January 12, 1999) Provides that the term "employee leasing arrangement" means an arrangement whereby one business leases all or a majority (instead of all or a significant) number of its workers from another business. Provides that the term "lessee" or "client company" means an entity that obtains all or a majority (instead of all or part) of its work force from another entity through an employee leasing arrangement. Provides that the term "long-term temporary arrangement" means an arrangement where all or a majority (instead of significant number) of employees from one company are leased to another for a certain period. Provides that an insurer may require an employee leasing company (instead of making it the employee leasing company's responsibility) to purchase and maintain a separate policy providing standard workers' compensation and employers' liability insurance for each client company. Moves the provisions requiring an employee leasing company to maintain and furnish to the insurer sufficient information to permit the calculation of an experience modification factor and requires the experience modification to be utilized in the calculation of any premium charged to the client company or lessee. Removes the provisions concerning civil penalties. Adds provisions requiring the Director of Insurance to issue an order to an employee leasing company stating the grounds upon which the removal of the registrant's eligibility is based and provides for a hearing. Makes other changes. CONFERENCE COMMITTEE REPORT NO. 1. Recommends that the House recede from House Amendment No. 1. Recommends that the bill be amended as follows: Deletes reference to: New Act Deletes reference to: 215 ILCS 5/78 from Ch. 73, par. 690 215 ILCS 152/10 Replaces the title and everything after the enacting clause. Amends the Illinois Insurance Code to authorize government reciprocals to declare dividends and to return guaranty fund or guaranty capital contributions. Amends the Service Contract Act to exempt contracts for the repair and monitoring of private alarm or private security systems that are subject to the Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993. Effective immediately. 97-02-05 S FIRST READING 97-02-05 S REFERRED TO SENATE RULES COMMITTEE RULES 97-02-06 S ASSIGNED TO COMMITTEE COMM & INDUST 97-03-14 S DO PASS 009-000-000 SCED 97-03-14 S PLACED ON CALENDAR ORDER OF 2ND READING 97-03-17 97-03-18 S FILED WITH SECRETARY 97-03-18 S AMENDMENT NO. 01-DILLARD 97-03-18 S AMENDMENT REFERRED TO SRUL 97-03-18 S AMENDMENT NO. 01-DILLARD 97-03-18 S RULES REFERS TO SCED 97-03-19 S AMENDMENT NO. 01-DILLARD 97-03-19 S BE ADOPTED SCED/009-000-000 97-03-19 S SECOND READING 97-03-19 S AMENDMENT NO. 01-DILLARD 97-03-19 S ADOPTED 97-03-19 S PLACED ON CALENDAR ORDER OF 3RD READING 97-03-20 97-03-19 S ADDED AS A CHIEF CO-SPONSOR FARLEY 97-03-20 S THIRD READING - PASSED 049-004-003 97-03-21 H ARRIVE IN HOUSE 97-03-21 H HOUSE SPONSOR CROSS 97-03-21 H FIRST READING 97-03-21 H REFERRED TO HOUSE RULES COMMITTEE RULES 97-04-08 H ASSIGNED TO COMMITTEE LABOR COMERCE 97-04-09 H ADDED AS A JOINT SPONSOR KENNER 97-04-18 H ADDED AS A JOINT SPONSOR WOOD 97-05-01 H AMENDMENT NO. 01-LABOR-CMRC H 97-05-01 H ADOPTED 019-000-000 97-05-01 H DO PASS AMENDED/SHORT DEBATE 015-004-002 HLBC 97-05-01 H PLACED CALENDAR 2ND READING-SHORT DEBATE 97-05-06 H SECOND READING-SHORT DEBATE 97-05-06 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 97-05-08 H THIRD READING/SHORT DEBATE/PASSED 085-029-002 97-05-08 H ADDED AS A JOINT SPONSOR CLAYTON 97-05-09 S SECRETARYS DESK - CONCURRENCE 01 97-05-16 S FILED WITH SECRETARY 97-05-16 S MOTION NON-CONCUR - HOUSE AMENDMENT NO 01-DILLARD 97-05-19 S SEN NON-CONCURS IN HSE AMENDMENTS (NO.) 01 97-05-19 H ARRIVE IN HOUSE 97-05-19 H PLACED CALENDAR ORDER NON-CONCURRENCE 01 97-05-31 H MOTION REFUSE RECEDE - HSE AMEND NO 01/CROSS 97-05-31 H HSE REFUSES TO RECEDE FROM AMENDMENT NO 01 97-05-31 H HSE REQUESTS CONFERENCE COMMITTEE 1ST 97-05-31 H HSE CONFERENCE COMMITTEE APPOINTED 1ST/SCHAKOWSKY, 97-05-31 H TURNER,ART, HANNIG 97-05-31 H CHURCHILL & CROSS 97-05-31 S SEN ACCEDE REQUEST CONFERENCE COMMITTEE 1ST 97-10-29 S SPONSOR REMOVED DILLARD 97-10-29 S CHIEF SPONSOR CHANGED TO MADIGAN 98-05-22 S SEN CONFERENCE COMMITTEE APPOINTED 1ST/MADIGAN, 98-05-22 S WALSH,T, PETKA, 98-05-22 S FARLEY, GARCIA 98-12-03 S FILED WITH SECRETARY 98-12-03 S CONFERENCE COMMITTEE REPORT 1ST/MADIGAN 98-12-03 S CONFERENCE COMMITTEE REPORT REFERRED TO SRUL 98-12-03 S CONFERENCE COMMITTEE REPORT 1ST/MADIGAN 98-12-03 S RULES REFERS TO SINS 98-12-03 S SEN CONFERENCE COMMITTEE REPORT SUBMITED 1ST/98-12-03 99-01-04 S CONFERENCE COMMITTEE REPORT 1ST/MADIGAN 99-01-04 S BACK TO RULES 99-01-04 S PURSUANT TO 99-01-04 S SENATE RULE 3-9(B) 99-01-11 S CONFERENCE COMMITTEE REPORT 1ST/MADIGAN,R 99-01-11 S RULES REFERS TO SINS 99-01-12 S SPONSOR REMOVED FARLEY 99-01-12 H HSE CONFERENCE COMMITTEE REPORT SUBMITED 1ST/CROSS 99-01-12 H CONFERENCE COMMITTEE REPORT REFERRED TO HRUL 99-01-12 H RULES REFERS TO HINS 99-01-12 H BE APPROVED FOR CONSIDERATION HINS/014-000-000 99-01-12 H HOUSE ADOPTED CONFERENCE REPORT 1ST/116-000-000 99-01-12 S CONFERENCE COMMITTEE REPORT 1ST/MADIGAN,R 99-01-12 S BE APPROVED FOR CONSIDERATION SINS/009-000-000 99-01-12 S SEN CONFERENCE COMMITTEE REPORT SUBMITED 1ST/MADIGAN 99-01-12 S SENATE ADOPTED CONFERENCE REPORT 1ST/058-000-000 99-01-12 S BOTH HOUSES ADOPTED CONFERENCE REPORT 1ST 99-01-12 S PASSED BOTH HOUSES 99-01-28 S SENT TO THE GOVERNOR 99-03-23 S GOVERNOR APPROVED 99-03-23 S EFFECTIVE DATE 99-03-23 99-03-23 S PUBLIC ACT.............................. 90-0817 END OF INQUIRY Full Text Bill Summary