Fabio
117 lines
9.2 KiB
Markdown
117 lines
9.2 KiB
Markdown
---
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type: "Bill"
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title: "HOME CARE PROTECTION ACT"
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description: "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."
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jurisdiction: "us/states/il"
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legislature: "Illinois General Assembly"
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session: "100th"
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identifier: "SB 1978"
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citation: "Illinois SB 1978 (100th)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: []
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version_count: 3
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action_count: 53
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vote_count: 3
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first_action: "2017-02-10"
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last_action: "2017-09-22"
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source: "openstates"
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source_identifier: "ocd-bill/924f6e50-9cb2-4edd-8884-e2f2a8939228"
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source_url: "http://ilga.gov/legislation/BillStatus.asp?DocNum=1978&GAID=14&DocTypeID=SB&LegId=105375&SessionID=91&GA=100"
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source_hash: "f6c7131791dbd9138392fb230512ff87dbd8c39807e26b47ac24552ee8819068"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-il"]
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---
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# Illinois SB 1978 (100th) — HOME CARE PROTECTION ACT
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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.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=10000SB1978&GA=100&SessionId=91&DocTypeId=SB&LegID=105375&DocNum=1978&GAID=14&Session=&print=true)
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2. **Engrossed** (committee substitute) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=10000SB1978eng&GA=100&SessionId=91&DocTypeId=SB&LegID=105375&DocNum=1978&GAID=14&Session=&print=true)
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3. **Enrolled** (enrolled) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=10000SB1978enr&GA=100&SessionId=91&DocTypeId=SB&LegID=105375&DocNum=1978&GAID=14&Session=&print=true)
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## Votes
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- Third Reading — **42–9** (pass) · upper
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- Concurrence, Amendment 2 — **47–0** (pass) · upper
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- Third Reading — **111–0** (pass) · lower
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## Sponsors
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- Bill Cunningham — primary (person)
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- Emanuel Chris Welch — cosponsor (person)
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- Frances Ann Hurley — cosponsor (person)
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- Gregory Harris — cosponsor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2017-02-10** Filed with Secretary by Sen. Bill Cunningham `filing`
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- **2017-02-10** First Reading `reading-1`
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- **2017-02-10** Referred to Assignments `referral-committee`
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- **2017-02-28** Assigned to Labor `referral-committee`
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- **2017-03-09** Do Pass Labor; 010-004-000 `committee-passage`
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- **2017-03-09** Placed on Calendar Order of 2nd Reading March 14, 2017
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- **2017-03-10** Senate Floor Amendment No. 1 Filed with Secretary by Sen. Bill Cunningham `amendment-introduction`
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- **2017-03-10** Senate Floor Amendment No. 1 Referred to Assignments `referral-committee`
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- **2017-03-10** Added as Chief Co-Sponsor Sen. Pat McGuire
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- **2017-03-14** Senate Floor Amendment No. 1 Assignments Refers to Labor
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- **2017-04-06** Senate Floor Amendment No. 1 Recommend Do Adopt Labor; 010-006-000
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- **2017-04-26** Second Reading `reading-2`
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- **2017-04-26** Senate Floor Amendment No. 1 Adopted; Cunningham `amendment-passage`
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- **2017-04-26** Placed on Calendar Order of 3rd Reading April 27, 2017
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- **2017-04-27** Third Reading - Passed; 042-009-000 `reading-3, passage`
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- **2017-04-28** Arrived in House `introduction`
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- **2017-04-28** Chief House Sponsor Rep. Lawrence Walsh, Jr.
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- **2017-04-28** First Reading `reading-1`
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- **2017-04-28** Referred to Rules Committee `referral-committee`
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- **2017-05-04** Added as Chief Co-Sponsor Sen. Laura M. Murphy
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- **2017-05-09** Assigned to Labor & Commerce Committee `referral-committee`
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- **2017-05-17** Do Pass / Short Debate Labor & Commerce Committee; 021-000-000 `committee-passage`
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- **2017-05-18** Placed on Calendar 2nd Reading - Short Debate
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- **2017-05-18** Added Alternate Co-Sponsor Rep. Gregory Harris
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- **2017-05-18** Added Alternate Co-Sponsor Rep. Frances Ann Hurley
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- **2017-05-18** Added Alternate Co-Sponsor Rep. Emanuel Chris Welch
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- **2017-05-24** House Floor Amendment No. 1 Filed with Clerk by Rep. Lawrence Walsh, Jr. `amendment-introduction`
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- **2017-05-24** House Floor Amendment No. 1 Referred to Rules Committee `referral-committee`
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- **2017-05-24** Second Reading - Short Debate `reading-2`
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- **2017-05-24** Held on Calendar Order of Second Reading - Short Debate `reading-2`
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- **2017-05-25** House Floor Amendment No. 1 Rules Refers to Labor & Commerce Committee
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- **2017-05-25** House Floor Amendment No. 1 Recommends Be Adopted Labor & Commerce Committee; 029-000-000 `committee-passage-favorable`
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- **2017-05-26** House Floor Amendment No. 2 Filed with Clerk by Rep. Lawrence Walsh, Jr. `amendment-introduction`
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- **2017-05-26** House Floor Amendment No. 2 Referred to Rules Committee `referral-committee`
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- **2017-05-26** Final Action Deadline Extended-9(b) May 31, 2017
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- **2017-05-28** House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000 `committee-passage-favorable`
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- **2017-05-31** Final Action Deadline Extended-9(b) June 30, 2017
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- **2017-06-26** House Floor Amendment No. 1 Withdrawn by Rep. Lawrence Walsh, Jr.
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- **2017-06-26** House Floor Amendment No. 2 Adopted `amendment-passage`
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- **2017-06-26** Placed on Calendar Order of 3rd Reading - Short Debate
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- **2017-06-29** Third Reading - Short Debate - Passed 111-000-000 `reading-3, passage`
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- **2017-06-29** Secretary's Desk - Concurrence House Amendment(s) 2
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- **2017-06-29** Placed on Calendar Order of Concurrence House Amendment(s) 2 - June 30, 2017
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- **2017-06-30** House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Bill Cunningham `filing`
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- **2017-06-30** House Floor Amendment No. 2 Motion to Concur Referred to Assignments `referral-committee`
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- **2017-06-30** House Floor Amendment No. 2 Motion to Concur Assignments Referred to Labor `referral-committee`
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- **2017-06-30** House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Labor; 013-000-000
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- **2017-07-01** House Floor Amendment No. 2 Senate Concurs 047-000-000
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- **2017-07-01** Passed Both Houses
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- **2017-07-28** Sent to the Governor `executive-receipt`
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- **2017-09-22** Governor Approved `executive-signature`
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- **2017-09-22** Effective Date June 1, 2018
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- **2017-09-22** Public Act . . . . . . . . . 100-0536 `became-law`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/924f6e50-9cb2-4edd-8884-e2f2a8939228`. Confidence: reported (aggregated from official Illinois legislature records).
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