HOME CARE PROTECTION ACT
Summary
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.
Bill status
signed
all 5 stages cleared
Introduction
Apr 2017
Committee Review
Jun 2017
Senate Passage
Jul 2017
House Passage
Jun 2017
Signed into Law
Sep 2017
Introduced Apr 28, 2017
Signed Sep 22, 2017
Floor votes · Senate Jul 1, 2017 · House Jun 29, 2017
How they voted
38–0
Passed · 10 other
Total votes 48
Jul 1, 2017
D
Democratic28
82% Yea
R
Republican20
75% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
54
Key actions
10
Committee
14
Amendments
11
Sep 22, 2017
Signed into law
Governor Approved
upper
Jul 1, 2017
Upper · Passed
Passed Both Houses
upper
Jul 1, 2017
Introduced
House Floor Amendment No. 2 Senate Concurs 047-000-000
upper
Jun 30, 2017
Introduced
House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Labor; 013-000-000
upper
Jun 30, 2017
Committee
House Floor Amendment No. 2 Motion to Concur Assignments Referred to Labor
upper
Jun 30, 2017
Committee
House Floor Amendment No. 2 Motion to Concur Referred to Assignments
upper
Jun 29, 2017
Introduced
Placed on Calendar Order of Concurrence House Amendment(s) 2 - June 30, 2017
upper
Jun 29, 2017
Introduced
Secretary's Desk - Concurrence House Amendment(s) 2
upper
Jun 29, 2017
House · Passed
House Vote: pass (95-0-5)
house
Jun 26, 2017
Lower · Passed
House Floor Amendment No. 2 Adopted
lower
May 28, 2017
Lower · Passed
House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
lower
May 26, 2017
Committee
House Floor Amendment No. 2 Referred to Rules Committee
lower
May 26, 2017
Introduced
House Floor Amendment No. 2 Filed with Clerk by Rep. Lawrence Walsh, Jr.
lower
May 25, 2017
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Labor & Commerce Committee; 029-000-000
lower
May 25, 2017
Lower · Passed
House Floor Amendment No. 1 Rules Refers to Labor & Commerce Committee
lower
May 24, 2017
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
May 24, 2017
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. Lawrence Walsh, Jr.
lower
May 17, 2017
Lower · Passed
Do Pass / Short Debate Labor & Commerce Committee; 021-000-000
lower
May 9, 2017
Committee
Assigned to Labor & Commerce Committee
lower
Apr 28, 2017
Committee
Referred to Rules Committee
lower
Apr 28, 2017
Introduced
Arrived in House
lower
Apr 26, 2017
Upper · Passed
Senate Floor Amendment No. 1 Adopted; Cunningham
upper
Apr 6, 2017
Introduced
Senate Floor Amendment No. 1 Recommend Do Adopt Labor; 010-006-000
upper
Mar 14, 2017
Introduced
Senate Floor Amendment No. 1 Assignments Refers to Labor
upper
Mar 10, 2017
Committee
Senate Floor Amendment No. 1 Referred to Assignments
upper
Mar 10, 2017
Introduced
Senate Floor Amendment No. 1 Filed with Secretary by Sen. Bill Cunningham
upper
Mar 9, 2017
Upper · Passed
Do Pass Labor; 010-004-000
upper
Feb 28, 2017
Committee
Assigned to Labor
upper
Feb 10, 2017
Committee
Referred to Assignments
upper
0 primary · 3 co-sponsors
Sponsors
No sponsor information available.
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