Bill Status of HB0690  100th General Assembly

Short Description:  DAY & TEMPORARY LABORERS

House Sponsors
Rep. Carol Ammons - Camille Y. Lilly - Silvana Tabares - Elizabeth Hernandez - Lawrence Walsh, Jr., Litesa E. Wallace, Sonya M. Harper, Juliana Stratton, LaToya Greenwood, Justin Slaughter, Stephanie A. Kifowit, Will Guzzardi, William Davis, Rita Mayfield, Kelly M. Cassidy, Marcus C. Evans, Jr., Arthur Turner, Elgie R. Sims, Jr., Gregory Harris, Christian L. Mitchell, Melissa Conyears-Ervin, Kathleen Willis, Mary E. Flowers, Robert Martwick, Lou Lang, Al Riley, Cynthia Soto, Linda Chapa LaVia and Theresa Mah

Senate Sponsors
(Sen. Iris Y. Martinez - Kimberly A. Lightford - Wm. Sam McCann - Mattie Hunter, Daniel Biss, Omar Aquino, Pat McGuire, Linda Holmes, Cristina Castro and Laura M. Murphy)

Last Action
DateChamber Action
  9/22/2017HousePublic Act . . . . . . . . . 100-0517

Statutes Amended In Order of Appearance
820 ILCS 175/2
820 ILCS 175/5
820 ILCS 175/10
820 ILCS 175/12
820 ILCS 175/20
820 ILCS 175/30
820 ILCS 175/40
820 ILCS 175/45
820 ILCS 175/85
820 ILCS 175/90
820 ILCS 175/95


Synopsis As Introduced
Amends the Day and Temporary Labor Services Act. Requires a day and temporary labor service agency (agency) to notify a day or temporary laborer (laborer) in writing of the schedule and length of multi-day assignments. Requires an agency to keep records on the ethnicity of each laborer or applicant and the date, time, and location at which an applicant requested employment. Requires an agency to provide a laborer with transportation back to the point of hire at the end of each work day. Requires an agency to indicate on a laborer's payment stub the current maximum amount of any placement fee charged to a third party client. Prohibits an agency or third party client from charging a laborer for the expense of conducting a consumer report, a criminal background check, or a drug test. Requires an agency to submit to the Department of Labor the total number of laborers the agency has placed in a permanent position. Requires laborers to be paid at a rate no less than the same average rate of pay as a permanent employee performing the same or substantially similar work. Requires a third party client to conduct a job hazard analysis for each job to which a laborer might be sent. Requires an agency to obtain a surety bond of no less than $150,000 and to comply with other specified registration requirements. Makes a third party client liable for any obligation to pay the 4 hours minimum pay or any statutory damages required under the Act. Provides that termination or disciplinary action against a laborer within 90 days of the person's exercise of rights protected under the Act shall raise a rebuttable presumption of retaliation. Makes other changes.

House Committee Amendment No. 2
Deletes reference to:
820 ILCS 175/2
820 ILCS 175/5
820 ILCS 175/10
820 ILCS 175/12
820 ILCS 175/85
820 ILCS 175/90
Adds reference to:
820 ILCS 175/33 new

Replaces everything after the enacting clause. Amends the Day and Temporary Labor Services Act. Requires a day and temporary labor service agency to attempt to place day or temporary laborers in permanent positions. Requires compliance with Occupational Safety and Health Administration standards. Requires reports of the race and gender of temporary laborers to be reported to the Department of Employment Security. Requires an agency to provide a laborer with transportation back to the point of hire at the end of each work day. Prohibits an agency or third party client from charging a laborer for the expense of conducting a consumer report, a criminal background check, or a drug test. Makes changes regarding damages in a private right of action.

 Fiscal Note, House Committee Amendment No. 2 (Dept. of Employment Security)
 HB 690 requires day and temporary labor service agencies provide a report to the Department of Employment Security annually at the time of registration with the Department of Labor containing the race and gender of each day or temporary laborer sent to an employer and segregated by branch office and aggregated for all day and temporary laborers assigned within Illinois in the prior year. Day and temporary service agencies who fail to submit the report to the Department of Employment Security is subject to a civil penalty of $50 for each failure to comply. Therefore, a new program and system to collect and track compliance with HB 690 will need to be created. Federal Funding cannot be used to subsidize the cost of this new program. Fiscal Overview (1) Initial Start Costs: $3.5 million to $7 million to develop a program and system to collect and track compliance with HB 690,which includes an online submission component, an interagency connection to the Department of Labor, and a revenue collection component, as well as 4-8 full-time equivalents for the creation and establishment of rules, policies, procedures, etc., for reporting, appeals, and adjudication. We derived this estimate based on our startup experience with our Adeptia Work Opportunity Tax Credit system. We believe a similar effort will be needed to develop the Equal Pay Certification platform. (2) Ongoing Costs: $500,000 to $750,000 to administer the program annually. Approximately 4--6 full time equivalents would be needed to administer and manage the day-to-day operations of this program. This estimate includes the cost of hiring a program administrator, technical assistance specialist, IT contractors, and an investigator to implement the provisions of the bill. The vast majority of the ongoing costs would be salaries, fringe benefits, one-time expenditures, and other ongoing operating expenses.

House Floor Amendment No. 3
Deletes reference to:
820 ILCS 175/40
820 ILCS 175/95

Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 2, but with the following changes: Amends the Freedom of Information Act. Exempts from inspection and copying reports of the race and gender of temporary laborers submitted to the Department of Labor by registering day and temporary labor service agencies as required under the Day and Temporary Labor Services Act. Further amends the Day and Temporary Labor Services Act. Removes a provision requiring day and temporary service agencies and third party clients to comply with Occupational Safety and Health Administration standards. Removes provisions providing that, regardless of the length of a temporary laborer's assignment, if a third party client supervises and directs the work of the temporary laborers, the third party client has primary responsibility for fulfilling, in the same manner as provided to the client's own employees, the following obligations with respect to the temporary laborers: (i) providing the workers with worksite-specific safety training and information; (ii) fulfilling Occupational Safety and Health Administration recordkeeping requirements; and (iii) selecting, providing, and ensuring the use of personal protective equipment appropriate for the processes or operations to which the temporary laborers are assigned. Removes a provision requiring worksite-specific safety training to be completed by the party responsible for supervision of the worker before the temporary laborer begins work on a project. Requires a day and temporary labor service agency to inform a laborer of the type of equipment, protective clothing, and training required for the work to be performed. Requires reports of the race and gender of temporary laborers to be reported to the Department of Labor (rather than the Department of Employment Security) and exempts such reports from inspection and copying under the Freedom of Information Act. Makes other changes.

 State Mandates Fiscal Note, House Committee Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 This bill does not create a State mandate.

Senate Floor Amendment No. 1
Provides that a day and temporary labor service agency may pay fees by means of the Treasurers E-Pay program.

Actions 
DateChamber Action
  1/25/2017HouseFiled with the Clerk by Rep. Carol Ammons
  1/25/2017HouseAdded Chief Co-Sponsor Rep. Camille Y. Lilly
  1/25/2017HouseAdded Chief Co-Sponsor Rep. Silvana Tabares
  1/25/2017HouseAdded Chief Co-Sponsor Rep. Elizabeth Hernandez
  1/25/2017HouseAdded Co-Sponsor Rep. Litesa E. Wallace
  1/25/2017HouseAdded Co-Sponsor Rep. Sonya M. Harper
  1/25/2017HouseAdded Co-Sponsor Rep. Juliana Stratton
  1/25/2017HouseAdded Co-Sponsor Rep. LaToya Greenwood
  1/25/2017HouseFirst Reading
  1/25/2017HouseReferred to Rules Committee
  2/8/2017HouseAssigned to Labor & Commerce Committee
  2/8/2017HouseAdded Co-Sponsor Rep. Justin Slaughter
  2/8/2017HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  2/8/2017HouseAdded Co-Sponsor Rep. Will Guzzardi
  2/8/2017HouseAdded Co-Sponsor Rep. William Davis
  2/8/2017HouseAdded Co-Sponsor Rep. Rita Mayfield
  2/9/2017HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  2/14/2017HouseAdded Chief Co-Sponsor Rep. Lawrence Walsh, Jr.
  2/14/2017HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  2/14/2017HouseAdded Co-Sponsor Rep. Arthur Turner
  2/14/2017HouseAdded Co-Sponsor Rep. Elgie R. Sims, Jr.
  2/14/2017HouseAdded Co-Sponsor Rep. Gregory Harris
  2/14/2017HouseAdded Co-Sponsor Rep. Christian L. Mitchell
  2/16/2017HouseAdded Co-Sponsor Rep. Cynthia Soto
  2/22/2017HouseRemoved Co-Sponsor Rep. Cynthia Soto
  2/22/2017HouseAdded Co-Sponsor Rep. Melissa Conyears-Ervin
  2/24/2017HouseAdded Co-Sponsor Rep. Kathleen Willis
  2/24/2017HouseAdded Co-Sponsor Rep. Mary E. Flowers
  2/24/2017HouseAdded Co-Sponsor Rep. Robert Martwick
  2/24/2017HouseAdded Co-Sponsor Rep. Lou Lang
  2/28/2017HouseAdded Co-Sponsor Rep. Al Riley
  3/9/2017HouseAdded Co-Sponsor Rep. Cynthia Soto
  3/9/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Carol Ammons
  3/9/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/13/2017HouseHouse Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee
  3/24/2017HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Carol Ammons
  3/24/2017HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/27/2017HouseHouse Committee Amendment No. 2 Rules Refers to Labor & Commerce Committee
  3/29/2017HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/30/2017HouseHouse Committee Amendment No. 2 Adopted in Labor & Commerce Committee; by Voice Vote
  3/30/2017HouseDo Pass as Amended / Short Debate Labor & Commerce Committee; 017-008-001
  3/30/2017HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/30/2017HousePlaced on Calendar 2nd Reading - Short Debate
  3/30/2017HouseAdded Co-Sponsor Rep. Theresa Mah
  4/3/2017HouseHouse Committee Amendment No. 2 Fiscal Note Requested as Amended by Rep. Tom Demmer
  4/3/2017HouseHouse Committee Amendment No. 2 State Mandates Fiscal Note Requested as Amended by Rep. Tom Demmer
  4/5/2017HouseHouse Committee Amendment No. 2 Fiscal Note Filed as Amended
  4/24/2017HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Carol Ammons
  4/24/2017HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/25/2017HouseHouse Committee Amendment No. 2 State Mandates Fiscal Note Filed as Amended
  4/26/2017HouseHouse Floor Amendment No. 3 Rules Refers to Labor & Commerce Committee
  4/26/2017HouseSecond Reading - Short Debate
  4/26/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  4/27/2017HouseHouse Floor Amendment No. 3 Recommends Be Adopted Labor & Commerce Committee; 022-000-000
  4/27/2017HouseHouse Floor Amendment No. 3 Adopted
  4/27/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/27/2017HouseThird Reading - Short Debate - Passed 078-037-000
  5/2/2017SenateArrive in Senate
  5/2/2017SenatePlaced on Calendar Order of First Reading
  5/2/2017SenateChief Senate Sponsor Sen. Iris Y. Martinez
  5/2/2017SenateFirst Reading
  5/2/2017SenateReferred to Assignments
  5/3/2017SenateAdded as Alternate Co-Sponsor Sen. Daniel Biss
  5/3/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford
  5/3/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Wm. Sam McCann
  5/4/2017SenateAdded as Alternate Co-Sponsor Sen. Omar Aquino
  5/5/2017SenateAssigned to Labor
  5/12/2017SenateRule 2-10 Committee Deadline Established As May 19, 2017
  5/17/2017SenateDo Pass Labor; 010-003-001
  5/17/2017SenatePlaced on Calendar Order of 2nd Reading May 18, 2017
  5/17/2017SenateAdded as Alternate Co-Sponsor Sen. Pat McGuire
  5/18/2017SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Iris Y. Martinez
  5/18/2017SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/19/2017SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  5/19/2017SenateSecond Reading
  5/19/2017SenatePlaced on Calendar Order of 3rd Reading May 22, 2017
  5/22/2017SenateSenate Floor Amendment No. 1 Assignments Refers to Labor
  5/24/2017SenateAdded as Alternate Co-Sponsor Sen. Cristina Castro
  5/24/2017SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  5/25/2017SenateSenate Floor Amendment No. 1 Recommend Do Adopt Labor; 010-007-000
  5/26/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
  5/29/2017SenateRecalled to Second Reading
  5/29/2017SenateSenate Floor Amendment No. 1 Adopted; Martinez
  5/29/2017SenatePlaced on Calendar Order of 3rd Reading
  5/29/2017SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/29/2017SenateSponsor Removed Sen. Mattie Hunter
  5/29/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/29/2017SenateThird Reading - Passed; 041-009-000
  5/29/2017HouseArrived in House
  5/29/2017HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/30/2017HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Carol Ammons
  5/30/2017HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/30/2017HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Labor & Commerce Committee
  5/31/2017HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 025-000-000
  6/25/2017HouseSenate Floor Amendment No. 1 House Concurs 067-028-000
  6/25/2017HouseHouse Concurs
  6/25/2017HousePassed Both Houses
  7/24/2017HouseSent to the Governor
  9/22/2017HouseGovernor Approved
  9/22/2017HouseEffective Date June 1, 2018
  9/22/2017HousePublic Act . . . . . . . . . 100-0517