Illinois 102nd Regular Session Status: Passed House 13 D cosponsors

HB 3293 — WKR COMP COMM SALARIES

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 102nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Workers' Compensation Act. Replaces language regarding the qualifications of Commissioners of the Illinois Workers' Compensation Commission with language requiring each Commissioner appointed on or after the effective date of the amendatory Act to be authorized to practice law in this State. Provides that each Commissioner appointed on or after the effective date of the amendatory Act shall receive an annual salary of 70% of a Circuit Court Judge in the Judicial Court constituted by the First Judicial District under the Salaries Act and the Chairman shall receive an annual salary of 5% more than the other Commissioners. Provides that the performance of arbitrators shall be reviewed by the Chairman every other year, or more often at the discretion of the Chairman (rather than on an annual basis). Provides that no arbitrator shall hear cases in any county, other than Cook County, for more than 4 years consecutively (rather than 2 years in each 3-year term). Provides that the Secretary and each arbitrator shall receive a per annum salary of 5% less than the per annum salary of members of the Illinois Workers' Compensation Commission. Provides for the dissolution of the Self-Insurers Administration Fund and for the transfer of the moneys in that fund to the Self-Insurers Security Fund. Authorizes expenditures from the Self-Insurers Security Fund for the purposes that were authorized for the Self-Insurers Administration Fund. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 820 ILCS 305/4a-2 from Ch. 48, par. 138.4a-2 820 ILCS 305/4a-4 from Ch. 48, par. 138.4a-4 820 ILCS 305/4a-5 from Ch. 48, par. 138.4a-5 820 ILCS 305/4a-6.1 from Ch. 48, par. 138.4a-6.1 820 ILCS 305/4a-7 from Ch. 48, par. 138.4a-7 820 ILCS 305/13 from Ch. 48, par. 138.13 820 ILCS 305/14 from Ch. 48, par. 138.14 Adds reference to: 820 ILCS 115/13.5 new Replaces everything after the enacting clause. Amends the Illinois Wage Payment and Collection Act. Provides that, for all contracts entered into on or after July 1, 2022, a primary contractor making or taking a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private work in the State shall assume, and is liable for, any debt owed to a wage claimant incurred pursuant to the Act by a subcontractor at any tier acting under, by, or for the primary contractor for the wage claimant's performance of labor included in the subject of the contract between the primary contractor and the owner. Provides exemption from liability for a property owner who acts as a primary contractor related to the erection, construction, alteration, or repair of his or her primary residence where the aggregate costs of the project amounts to less than $100,000. Defines terms. Provides that the primary contractor's liability under the new provisions shall extend only to any unpaid wages, including interest owed and reasonable attorney's fees, but shall not extend to wage supplements, penalties, or liquidated damages. Provides that a primary contractor or any other person shall not evade or commit any act that negates the requirements of the new provisions. Provides that the obligations and remedies provided in the new provisions shall be in addition to any obligations and remedies otherwise provided by law, except that nothing in the new provisions shall be construed to impose liability on a primary contractor for anything other than unpaid wages, interest owed and reasonable attorney's fees. Provides that claims brought pursuant to the new provisions shall be done so in accordance with provisions concerning violations of the Act. Senate Floor Amendment No. 2 Makes various changes to the bill, as amended by Senate Amendment No. 1, with respect to terminology, the definition of "private work", a primary contractor's liability, and claims brought pursuant to the new provisions. Defines "construction" as building, altering, repairing, improving, or demolishing any structure or building, or making improvements of any kind to real property.

Bill Text

Amendments

2 amendments

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Action History

  1. Session Sine Die

  2. Rule 19(b) / Re-referred to Rules Committee

  3. Senate Floor Amendment No. 2 Rule 19(b) / Motion Referred to Rules Committee

  4. Senate Floor Amendment No. 1 Rule 19(b) / Motion Referred to Rules Committee

  5. Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Executive Committee; 009-006-000

  6. Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Executive Committee; 009-006-000

  7. Added Co-Sponsor Rep. Jehan Gordon-Booth

  8. Added Chief Co-Sponsor Rep. Aaron M. Ortiz

  9. Added Co-Sponsor Rep. Dagmara Avelar

  10. Added Co-Sponsor Rep. Jaime M. Andrade, Jr.

  11. Added Co-Sponsor Rep. Katie Stuart

  12. Added Co-Sponsor Rep. Kambium Buckner

  13. Added Co-Sponsor Rep. Delia C. Ramirez

  14. Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Executive Committee

  15. Senate Floor Amendment No. 1 Motion to Concur Rules Referred to Executive Committee

  16. Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee

  17. Senate Floor Amendment No. 2 Motion Filed Concur Rep. Jennifer Gong-Gershowitz

  18. Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee

  19. Senate Floor Amendment No. 1 Motion Filed Concur Rep. Jennifer Gong-Gershowitz

  20. Added Chief Co-Sponsor Rep. Natalie A. Manley

  21. Added Chief Co-Sponsor Rep. Jay Hoffman

  22. Added Chief Co-Sponsor Rep. Marcus C. Evans, Jr.

  23. Removed Co-Sponsor Rep. Jim Durkin

  24. Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2

  25. Arrived in House

  26. Third Reading - Passed; 040-017-000

  27. 3/5 Vote Required

  28. Verified

  29. Placed on Calendar Order of 3rd Reading

  30. Senate Floor Amendment No. 2 Adopted; Castro

  31. Senate Floor Amendment No. 1 Adopted; Castro

  32. Recalled to Second Reading

  33. Added as Alternate Chief Co-Sponsor Sen. Michael E. Hastings

  34. Senate Floor Amendment No. 2 Be Approved for Consideration Assignments

  35. Added as Alternate Co-Sponsor Sen. Linda Holmes

  36. Senate Floor Amendment No. 1 Recommend Do Adopt Executive; 011-005-000

  37. Senate Floor Amendment No. 1 Assignments Refers to Executive

  38. Senate Floor Amendment No. 2 Referred to Assignments

  39. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Cristina Castro

  40. Senate Floor Amendment No. 1 Referred to Assignments

  41. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Cristina Castro

  42. Alternate Chief Sponsor Changed to Sen. Cristina Castro

  43. Pursuant to Senate Rule 3-9(b)(ii) this bill shall not be re-referred to the Committee on Assignment pursuant to Senate Rule 3-9(b).

  44. Placed on Calendar Order of 3rd Reading August 31, 2021

  45. Approved for Consideration Assignments

  46. Rule 2-10 Third Reading Deadline Established As December 1, 2021

  47. Rule 3-9(a) / Re-referred to Assignments

  48. Rule 2-10 Third Reading Deadline Established As June 15, 2021

  49. Placed on Calendar Order of 3rd Reading May 24, 2021

  50. Second Reading

  51. Placed on Calendar Order of 2nd Reading May 20, 2021

  52. Do Pass Executive; 011-004-000

  53. Assigned to Executive

  54. Referred to Assignments

  55. First Reading

  56. Chief Senate Sponsor Sen. Bill Cunningham

  57. Placed on Calendar Order of First Reading

  58. Arrive in Senate

  59. Third Reading - Short Debate - Passed 115-000-000

  60. Placed on Calendar Order of 3rd Reading - Short Debate

  61. Second Reading - Short Debate

  62. Placed on Calendar 2nd Reading - Short Debate

  63. Added Co-Sponsor Rep. Jim Durkin

  64. Do Pass / Short Debate Labor & Commerce Committee; 025-000-000

  65. Assigned to Labor & Commerce Committee

  66. Removed Co-Sponsor Rep. Dan Ugaste

  67. Added Co-Sponsor Rep. Dan Ugaste

  68. Chief Sponsor Changed to Rep. Jennifer Gong-Gershowitz

  69. Referred to Rules Committee

  70. First Reading

  71. Filed with the Clerk by Rep. Jay Hoffman

Sponsors

Sponsorship breakdown

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2 sponsors · 12 co-sponsors · 169 not signed on · 13 voted No

Sponsors (2)

Co-sponsors (12)

Not signed on (169)

169 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 40 Yea · 17 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 26000
Unaffiliated 14401
Republican 01301
Total 401702
% of votes cast 68%29%0%3%
How each member voted (59)
Member Party Vote
Gillespie — Yea
Bennett — Yea
Johnson — Yea
Bush — Yea
Landek — Yea
Connor — Yea
Crowe — Yea
Cullerton, T. — Yea
Muñoz — Yea
Pacione-Zayas — Yea
Bailey — Nay
Barickman — Nay
Stewart — Nay
Stoller — Nay
Harris — Not Voting
Glowiak Hilton — Yea
Loughran Cappel — Yea
Simmons, Mike — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Nay
Craig Wilcox Republican Nay
Dale Fowler Republican Nay
Dan McConchie Republican Nay
Dave Syverson Republican Nay
Donald P. DeWitte Republican Nay
Jason Plummer Republican Nay
Jil Tracy Republican Nay
John F. Curran Republican Not Voting
Neil Anderson Republican Nay
Sally J. Turner Republican Nay
Steve McClure Republican Nay
Sue Rezin Republican Nay
Terri Bryant Republican Nay

Official roll call →

Subjects

housing labor
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Frequently asked questions

What does HB 3293 do?
Amends the Workers' Compensation Act. Replaces language regarding the qualifications of Commissioners of the Illinois Workers' Compensation Commission with language requiring each Commissioner appointed on or after the effective date of the amendatory Act to be authorized to practice law in this State. Provides that each Commissioner appointed on or after the effective date of the amendatory Act shall receive an annual salary of 70% of a Circuit Court Judge in the Judicial Court constituted by the First Judicial District under the Salaries Act and the Chairman shall receive an annual salary of 5% more than the other Commissioners. Provides that the performance of arbitrators shall be reviewed by the Chairman every other year, or more often at the discretion of the Chairman (rather than on an annual basis). Provides that no arbitrator shall hear cases in any county, other than Cook County, for more than 4 years consecutively (rather than 2 years in each 3-year term). Provides that the Secretary and each arbitrator shall receive a per annum salary of 5% less than the per annum salary of members of the Illinois Workers' Compensation Commission. Provides for the dissolution of the Self-Insurers Administration Fund and for the transfer of the moneys in that fund to the Self-Insurers Security Fund. Authorizes expenditures from the Self-Insurers Security Fund for the purposes that were authorized for the Self-Insurers Administration Fund. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 820 ILCS 305/4a-2 from Ch. 48, par. 138.4a-2 820 ILCS 305/4a-4 from Ch. 48, par. 138.4a-4 820 ILCS 305/4a-5 from Ch. 48, par. 138.4a-5 820 ILCS 305/4a-6.1 from Ch. 48, par. 138.4a-6.1 820 ILCS 305/4a-7 from Ch. 48, par. 138.4a-7 820 ILCS 305/13 from Ch. 48, par. 138.13 820 ILCS 305/14 from Ch. 48, par. 138.14 Adds reference to: 820 ILCS 115/13.5 new Replaces everything after the enacting clause. Amends the Illinois Wage Payment and Collection Act. Provides that, for all contracts entered into on or after July 1, 2022, a primary contractor making or taking a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private work in the State shall assume, and is liable for, any debt owed to a wage claimant incurred pursuant to the Act by a subcontractor at any tier acting under, by, or for the primary contractor for the wage claimant's performance of labor included in the subject of the contract between the primary contractor and the owner. Provides exemption from liability for a property owner who acts as a primary contractor related to the erection, construction, alteration, or repair of his or her primary residence where the aggregate costs of the project amounts to less than $100,000. Defines terms. Provides that the primary contractor's liability under the new provisions shall extend only to any unpaid wages, including interest owed and reasonable attorney's fees, but shall not extend to wage supplements, penalties, or liquidated damages. Provides that a primary contractor or any other person shall not evade or commit any act that negates the requirements of the new provisions. Provides that the obligations and remedies provided in the new provisions shall be in addition to any obligations and remedies otherwise provided by law, except that nothing in the new provisions shall be construed to impose liability on a primary contractor for anything other than unpaid wages, interest owed and reasonable attorney's fees. Provides that claims brought pursuant to the new provisions shall be done so in accordance with provisions concerning violations of the Act. Senate Floor Amendment No. 2 Makes various changes to the bill, as amended by Senate Amendment No. 1, with respect to terminology, the definition of "private work", a primary contractor's liability, and claims brought pursuant to the new provisions. Defines "construction" as building, altering, repairing, improving, or demolishing any structure or building, or making improvements of any kind to real property.
Who sponsors HB 3293?
HB 3293 is sponsored by Jennifer Gong-Gershowitz (Democrat), Marcus C. Evans, Jr. (Democrat), Jay Hoffman (Democrat), Natalie A. Manley (Democrat), Aarón M. Ortíz (Democrat), Delia C. Ramirez, Kam Buckner (Democrat), Katie Stuart (Democrat), Jaime M. Andrade, Jr. (Democrat), Dagmara Avelar (Democrat), Jehan Gordon-Booth (Democrat), Cristina Castro (Democrat), Michael E. Hastings (Democrat), and Linda Holmes (Democrat).
What is the current status of HB 3293?
This bill died with 102nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 3293?
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