HB 3293

Abstract

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.