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 Bill Status of SB1978  100th General Assembly


Short Description:  HOME CARE PROTECTION ACT

Senate Sponsors
Sen. Bill Cunningham - Pat McGuire - Laura M. Murphy

House Sponsors
(Rep. Lawrence Walsh, Jr. , Gregory Harris, Frances Ann Hurley and Emanuel Chris Welch)

Last Action
DateChamber Action
  9/22/2017SenatePublic Act . . . . . . . . . 100-0536

Statutes Amended In Order of Appearance
New Act
30 ILCS 105/5.878 new


Synopsis As Introduced
Creates the Home Care Consumer and Worker Protection Act. Provides that an individual performing services for a private home care provider (a home services agency, home nursing agency, or internet-based business that arranges for home care services) is presumed to be an employee unless specified conditions exist; however, a sole proprietor or partnership performing services is not considered an employee of the agency or private party upon a showing that it is a legitimate subcontractor. Makes it a violation of the Act for a private home care provider not to designate an individual as an employee unless the private home care provider complies with specified provisions. Provides that an interested party may file a complaint online through the website of the Department of Labor against a private home care provider if there is a reasonable belief that the employer is in violation of the Act. Provides that the Department shall enforce the Act and may conduct investigations, obtain documentation, and subpoena books, records, and witnesses to conduct its investigations. Prohibits discharge or other retaliation for exercising rights under the Act. Contains provisions concerning violations, penalties, private rights of action, referrals, rulemaking, and other matters. Provides that moneys received by the Department under the Act shall be deposited into the Home Care Consumer and Worker Protection Fund and amends the State Finance Act to include it as a special fund in the State treasury.

Senate Floor Amendment No. 1
Removes criminal penalties from the bill.

House Floor Amendment No. 2
Deletes reference to:
30 ILCS 105/5.878 new
Adds reference to:
New Act
210 ILCS 55/8from Ch. 111 1/2, par. 2808

Replaces everything after the enacting clause. Creates the Employee Misclassification Referral System. Requires the Department of Labor to create an online employee misclassification referral system on its website. Provides that the employee misclassification referral system shall use one form that contains all the necessary information required for employee misclassification complaints to the Department of Employment Security, the Illinois Workers' Compensation Commission, the Department of Revenue, and the Department of Labor; and that the employee misclassification referral system shall refer complaints to the appropriate agency or agencies based on the information supplied by the individual making the complaint. Provides that anonymous and third-party complaints shall not be accepted by the employee misclassification referral system. Provides that upon completion of an investigation that was initiated through the employee misclassification referral system, the agency, except for the Department of Employment Security, shall report to the Department of Labor any determination of an employee misclassification. Requires the Department of Labor to also maintain in the employee misclassification referral system, and make accessible for review by any agency that regulates or licenses the employer that was the subject of the investigation, the results of a determination of employee misclassification and all appeals and administrative reviews. Requires the Department of Employment Security, the Illinois Workers' Compensation Commission, the Department of Revenue, the Department of Labor, and any other agency that regulates or licenses businesses to put on its website, in a relevant and conspicuous place, a description of the purpose of the employee misclassification referral system provided by the Department of Labor and a link to the employee misclassification referral system. Permits the Department of Labor to adopt rules to implement the requirements of the Act. Amends the Home Health, Home Services, and Home Nursing Agency Licensing Act. Provides that an application for a license may be denied for specified violations under the Unemployment Insurance Act and the Workers' Compensation Act.

Actions 
DateChamber Action
  2/10/2017SenateFiled with Secretary by Sen. Bill Cunningham
  2/10/2017SenateFirst Reading
  2/10/2017SenateReferred to Assignments
  2/28/2017SenateAssigned to Labor
  3/9/2017SenateDo Pass Labor; 010-004-000
  3/9/2017SenatePlaced on Calendar Order of 2nd Reading March 14, 2017
  3/10/2017SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Bill Cunningham
  3/10/2017SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/10/2017SenateAdded as Chief Co-Sponsor Sen. Pat McGuire
  3/14/2017SenateSenate Floor Amendment No. 1 Assignments Refers to Labor
  4/6/2017SenateSenate Floor Amendment No. 1 Recommend Do Adopt Labor; 010-006-000
  4/26/2017SenateSecond Reading
  4/26/2017SenateSenate Floor Amendment No. 1 Adopted; Cunningham
  4/26/2017SenatePlaced on Calendar Order of 3rd Reading April 27, 2017
  4/27/2017SenateThird Reading - Passed; 042-009-000
  4/28/2017HouseArrived in House
  4/28/2017HouseChief House Sponsor Rep. Lawrence Walsh, Jr.
  4/28/2017HouseFirst Reading
  4/28/2017HouseReferred to Rules Committee
  5/4/2017SenateAdded as Chief Co-Sponsor Sen. Laura M. Murphy
  5/9/2017HouseAssigned to Labor & Commerce Committee
  5/17/2017HouseDo Pass / Short Debate Labor & Commerce Committee; 021-000-000
  5/18/2017HousePlaced on Calendar 2nd Reading - Short Debate
  5/18/2017HouseAdded Alternate Co-Sponsor Rep. Gregory Harris
  5/18/2017HouseAdded Alternate Co-Sponsor Rep. Frances Ann Hurley
  5/18/2017HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch
  5/24/2017HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Lawrence Walsh, Jr.
  5/24/2017HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/24/2017HouseSecond Reading - Short Debate
  5/24/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  5/25/2017HouseHouse Floor Amendment No. 1 Rules Refers to Labor & Commerce Committee
  5/25/2017HouseHouse Floor Amendment No. 1 Recommends Be Adopted Labor & Commerce Committee; 029-000-000
  5/26/2017HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Lawrence Walsh, Jr.
  5/26/2017HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/26/2017HouseFinal Action Deadline Extended-9(b) May 31, 2017
  5/28/2017HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
  5/31/2017HouseFinal Action Deadline Extended-9(b) June 30, 2017
  6/26/2017HouseHouse Floor Amendment No. 1 Withdrawn by Rep. Lawrence Walsh, Jr.
  6/26/2017HouseHouse Floor Amendment No. 2 Adopted
  6/26/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  6/29/2017HouseThird Reading - Short Debate - Passed 111-000-000
  6/29/2017SenateSecretary's Desk - Concurrence House Amendment(s) 2
  6/29/2017SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2 - June 30, 2017
  6/30/2017SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Bill Cunningham
  6/30/2017SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  6/30/2017SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Labor
  6/30/2017SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Labor; 013-000-000
  7/1/2017SenateHouse Floor Amendment No. 2 Senate Concurs 047-000-000
  7/1/2017SenatePassed Both Houses
  7/28/2017SenateSent to the Governor
  9/22/2017SenateGovernor Approved
  9/22/2017SenateEffective Date June 1, 2018
  9/22/2017SenatePublic Act . . . . . . . . . 100-0536

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