Illinois 96th Regular Session Status: Enacted

HB 5458 — PUBLIC EMPLOYEE DISABILITY

Last action — Public Act . . . . . . . . . 96-1430

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

This bill has been enacted into law. Introduced February 04, 2010. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Public Employee Disability Act. When a third party may be liable for the public employee's disability, provides that the State has the same rights it has under the Workers' Compensation Act to pursue payment or reimbursement of benefits it is obligated to pay under the Public Employees Disability Act.

Bill Text

What changed in the latest version

21 added · 20 removed

Plain-language change summary

The amendment to Bill HB 5458 changes the wording to specify that the rights and privileges regarding legal claims only apply to State employees, rather than to all employees covered under the Act. This matters because it clarifies that the State has the right to seek reimbursement for benefits paid to its employees if those injuries were caused by someone else. By honing in on State employees, it ensures that the protections and financial recoveries detailed in the bill are clearly defined, which could impact how such cases are handled in the future.

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HB5458 Engrossed LRB096 18479 JAM 33858 b AN ACT concerning government.
HB5458 Enrolled LRB096 18479 JAM 33858 b AN ACT concerning government.
(b) Whenever an eligible employee suffers any injury in the line of duty which causes him to be unable to perform his duties, he shall continue to be paid by the employing public HB5458 Engrossed - 2 - LRB096 18479 JAM 33858 b entity on the same basis as he was paid before the injury, with no deduction from his sick leave credits, compensatory time for overtime accumulations or vacation, or service credits in a public employee pension fund during the time he is unable to perform his duties due to the result of the injury, but not longer than one year in relation to the same injury.
(b) Whenever an eligible employee suffers any injury in the line of duty which causes him to be unable to perform his duties, he shall continue to be paid by the employing public HB5458 Enrolled - 2 - LRB096 18479 JAM 33858 b entity on the same basis as he was paid before the injury, with no deduction from his sick leave credits, compensatory time for overtime accumulations or vacation, or service credits in a public employee pension fund during the time he is unable to perform his duties due to the result of the injury, but not longer than one year in relation to the same injury.
Any salary compensation due the injured person from workers' compensation or any salary due him from any type of insurance HB5458 Engrossed - 3 - LRB096 18479 JAM 33858 b which may be carried by the employing public entity shall revert to that entity during the time for which continuing compensation is paid to him under this Act.
Any salary compensation due the injured person from workers' compensation or any salary due him from any type of insurance HB5458 Enrolled - 3 - LRB096 18479 JAM 33858 b which may be carried by the employing public entity shall revert to that entity during the time for which continuing compensation is paid to him under this Act.
(g) Pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution, this Act specifically HB5458 Engrossed - 4 - LRB096 18479 JAM 33858 b denies and limits the exercise by home rule units of any power which is inconsistent herewith, and all existing laws and ordinances which are inconsistent herewith are hereby superseded.
(g) Pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution, this Act specifically HB5458 Enrolled - 4 - LRB096 18479 JAM 33858 b denies and limits the exercise by home rule units of any power which is inconsistent herewith, and all existing laws and ordinances which are inconsistent herewith are hereby superseded.
(h) In those cases where the injury for which a benefit is payable under this Act was caused under circumstances creating a legal liability for damages on the part of some person other than the employer, all of the rights and privileges, including the right to notice of suit brought against such other person and the right to commence or join in such suit, as given the employer, together with the conditions or obligations imposed under paragraph (b) of Section 5 of the Workers' Compensation Act, are also given and granted to the State, to the end that the State may be paid or reimbursed for the amount of benefit paid or to be paid by the State to the injured employee or his or her personal representative out of any judgment, settlement, or payment for such injury obtained by such injured employee or his or her personal representative from such other person by virtue of the injury.
(h) In those cases where the injury to a State employee for which a benefit is payable under this Act was caused under circumstances creating a legal liability for damages on the part of some person other than the State employer, all of the rights and privileges, including the right to notice of suit brought against such other person and the right to commence or join in such suit, as given the employer, together with the conditions or obligations imposed under paragraph (b) of Section 5 of the Workers' Compensation Act, are also given and granted to the State, to the end that, with respect to State employees only, the State may be paid or reimbursed for the amount of benefit paid or to be paid by the State to the injured employee or his or her personal representative out of any judgment, settlement, or payment for such injury obtained by such injured employee or his or her personal representative from such other person by virtue of the injury.
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Action History

  1. Public Act . . . . . . . . . 96-1430

  2. Effective Date January 1, 2011

  3. Governor Approved

  4. Sent to the Governor

  5. Added Co-Sponsor Rep. Jil Tracy

  6. Passed Both Houses

  7. Senate Committee Amendment No. 1 House Concurs 111-000-000

  8. Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000

  9. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

  10. Senate Committee Amendment No. 1 Motion Filed Concur Rep. John E. Bradley

  11. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  12. Arrived in House

  13. Third Reading - Passed; 058-000-000

  14. Placed on Calendar Order of 3rd Reading April 28, 2010

  15. Second Reading

  16. Placed on Calendar Order of 2nd Reading April 23, 2010

  17. Do Pass as Amended Labor; 009-000-000

  18. Senate Committee Amendment No. 1 Adopted

  19. Added as Alternate Co-Sponsor Sen. William R. Haine

  20. Held in Labor

  21. Senate Committee Amendment No. 1 Held in Labor

  22. Senate Committee Amendment No. 1 Assignments Refers to Labor

  23. Senate Committee Amendment No. 1 Referred to Assignments

  24. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Deanna Demuzio

  25. Assigned to Labor

  26. Referred to Assignments

  27. First Reading

  28. Chief Senate Sponsor Sen. Deanna Demuzio

  29. Placed on Calendar Order of First Reading March 15, 2010

  30. Arrive in Senate

  31. Third Reading - Short Debate - Passed 106-000-000

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

  33. Second Reading - Short Debate

  34. Placed on Calendar 2nd Reading - Short Debate

  35. Do Pass / Short Debate Labor Committee; 024-000-000

  36. Assigned to Labor Committee

  37. Referred to Rules Committee

  38. First Reading

  39. Filed with the Clerk by Rep. John E. Bradley

Sponsors

  • John E. Bradley · Cosponsor
  • William R. Haine · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

  • John E. Bradley
  • William R. Haine

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"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

Concurrence

Passed 111 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 95006
Democrat 12001
Republican 4000
Total 111007
% of votes cast 94%0%0%6%
How each member voted (118)
Member Party Vote
Hatcher — Yea
Jakobsson — Yea
Jefferson — Yea
Lang — Yea
Leitch — Yea
Davis, Monique — Yea
Reitz — Yea
McAuliffe — Yea
Lyons — Yea
McCarthy — Yea
Mell — Yea
Moffitt — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
Osmond — Yea
Phelps — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Bradley — Yea
McGuire — Yea
Verschoore — Yea
Brady — Yea
Wait — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Bill — Yea
Gordon, Careen — Yea
Gordon, Jehan — Yea
Hannig — Yea
Harris — Yea
Hernandez — Yea
Watson — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Connelly — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Madigan — Yea
Howard — Yea
Mendoza — Not Voting
Mitchell, Jerry — Not Voting
Sommer — Not Voting
Washington — Not Voting
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Colvin — Not Voting
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Dugan — Not Voting
Holbrook — Yea
Jackson — Yea
Kosel — Yea
Osterman — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Senger — Yea
Sente — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Burns — Yea
Carberry — Yea
McAsey — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Not Voting
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 48001
Democrat 9000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Kotowski — Yea
Link — Yea
Maloney — Yea
McCarter — Yea
Meeks — Yea
Demuzio — Yea
Millner — Yea
Jacobs — Yea
Muñoz — Yea
Noland — Yea
Radogno — Yea
Schoenberg — Yea
Brady — Yea
Sullivan — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Jones, J. — Not Voting
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Hutchinson — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Lauzen — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 106 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 93009
Democrat 10001
Republican 3001
Total 1060011
% of votes cast 91%0%0%9%
How each member voted (117)
Member Party Vote
Hamos — Yea
Lang — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Jefferson — Yea
Kosel — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Mendoza — Yea
Moffitt — Yea
Mulligan — Yea
Nekritz — Yea
Osmond — Yea
Phelps — Yea
Senger — Yea
Bradley — Yea
McGuire — Yea
Sente — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Burke — Yea
Sullivan — Yea
Verschoore — Yea
Wait — Yea
Mitchell, Bill — Yea
Gordon, Careen — Yea
Mitchell, Jerry — Yea
Gordon, Jehan — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Hannig — Yea
Harris — Yea
Watson — Yea
Howard — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Graham — Yea
Hatcher — Yea
Holbrook — Yea
Davis, Monique — Yea
Brady — Not Voting
Myers — Not Voting
Hernandez — Not Voting
Pritchard — Yea
Soto — Not Voting
Zalewski — Yea
Cultra — Not Voting
Currie — Yea
D'Amico — Yea
Jackson — Yea
Jakobsson — Yea
Osterman — Not Voting
Pihos — Yea
Poe — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Leitch — Yea
Madigan — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Not Voting
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Not Voting
Boland — Yea
May — Yea
Bost — Not Voting
Brauer — Yea
Burns — Yea
Connelly — Yea
McAsey — Yea
Coulson — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Not Voting
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Not Voting

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 5458 do?
Amends the Public Employee Disability Act. When a third party may be liable for the public employee's disability, provides that the State has the same rights it has under the Workers' Compensation Act to pursue payment or reimbursement of benefits it is obligated to pay under the Public Employees Disability Act.
Who sponsors HB 5458?
HB 5458 is sponsored by John E. Bradley and William R. Haine.
What is the current status of HB 5458?
This bill has been enacted into law. Introduced February 04, 2010. Enacted.
Where can I track HB 5458?
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Last checked for changes 3 months ago · updated continuously

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