HB 5228 Illinois House · 104th Regular Session

WORK COMP-STATE LICENSURE

Summary
Amends the Workers' Compensation Act. Provides that any corporation, limited liability company, or partnership engaged in activities requiring licensure by a State agency, for which proof that it has insured its workers' compensation liability is a requirement for licensure, that fails to satisfy specified requirements, shall be subject to civil penalties under the Act unless it shows by clear and convincing evidence that it was not operating during the time its license was active.
Bill status signed all 5 stages cleared
Introduction
Apr 2026
Committee Review
May 2026
House Passage
May 2026
Senate Passage
May 2026
Signed into Law
Aug 2026
Introduced Apr 21, 2026 Signed Aug 7, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

Engrossed Enrolled · 6 edits · Aug 7, 2026
MODERATE
The bill was amended to change the referenced law from the Workers' Compensation Act to the Illinois Insurance Code and to replace the old self-insurance filing requirements with a new surcharge system. This change shifts the funding mechanism for the Workers' Compensation Commission Operations Fund from employer self-insurance applications to a premium-based surcharge collected from insurance companies.
Scope change
The bill's scope shifted from regulating employer self-insurance procedures to regulating insurance company surcharges and fee collection.
SCOPE

The primary law being amended was changed from the Workers' Compensation Act to the Illinois Insurance Code, and the specific section number was updated from Section 4 to Section 416.

REQUIREMENT

All text regarding employer self-insurance applications, financial statements, and the requirement to furnish security or bonds was removed.

FISCAL

A new surcharge system was added, requiring licensed insurance companies to pay a fee based on their direct written premiums to fund the Commission's operations.

TIMELINE

Specific dates were established for the surcharge, starting July 30, 2004, with a rate increase to 1.092% effective July 1, 2024, and a new additional amount calculation beginning in 2026.

DEFINITION

New definitions were added for 'Annual funding target,' 'Statewide underwriting gain,' and 'Underwriting gain' to calculate the additional surcharge amount.

ELIGIBILITY

An exemption was added stating that self-insured employers do not pay the surcharge if they have paid the required fee under Section 4d of the Workers' Compensation Act.

Floor votes · Senate May 30, 2026 · House Apr 17, 2026

How they voted

3819
Passed · 1 other
Total votes 58
May 30, 2026
D Democratic39
38 Yea 1
97% Yea
R Republican19
19 Nay
100% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
56
Key actions
12
Committee
16
Amendments
9
Aug 7, 2026
Signed into law
Governor Approved
lower
May 31, 2026
Lower · Passed
Passed Both Houses
lower
May 31, 2026
Introduced
Senate Floor Amendment No. 2 House Concurs 089-027-000
lower
May 31, 2026
Lower · Passed
Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 018-010-000
lower
May 30, 2026
Committee
Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Labor & Commerce Committee
lower
May 30, 2026
Committee
Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
lower
May 30, 2026
Introduced
Senate Floor Amendment No. 2 Motion Filed Concur Rep. Jay Hoffman
lower
May 30, 2026
Introduced
Placed on Calendar Order of Concurrence Senate Amendment(s) 2
lower
May 30, 2026
Introduced
Arrived in House
lower
May 30, 2026
Amended
Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
upper
May 30, 2026
Upper · Passed
Third Reading - Passed; 039-019-000
upper
May 30, 2026
Upper · Passed
Senate Floor Amendment No. 2 Adopted; Cunningham
upper
May 29, 2026
Introduced
Senate Floor Amendment No. 2 Recommend Do Adopt Executive; 009-004-000
upper
May 29, 2026
Introduced
Senate Floor Amendment No. 2 Assignments Refers to Executive
upper
May 29, 2026
Committee
Senate Floor Amendment No. 2 Referred to Assignments
upper
May 29, 2026
Introduced
Senate Floor Amendment No. 2 Filed with Secretary by Sen. Bill Cunningham
upper
May 28, 2026
Committee
Re-referred to Assignments
upper
May 20, 2026
Upper · Passed
Senate Committee Amendment No. 1 Postponed - Judiciary
upper
May 15, 2026
Upper · Passed
Rule 2-10 Committee Deadline Established As May 22, 2026
upper
May 8, 2026
Upper · Passed
Rule 2-10 Committee Deadline Established As May 15, 2026
upper
May 6, 2026
Upper · Passed
Senate Committee Amendment No. 1 Postponed - Judiciary
upper
May 5, 2026
Upper · Passed
Senate Committee Amendment No. 1 Assignments Refers to Judiciary
upper
Apr 28, 2026
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
Apr 28, 2026
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Bill Cunningham
upper
Apr 28, 2026
Committee
Assigned to Judiciary
upper
Apr 21, 2026
Committee
Referred to Assignments
upper
Apr 21, 2026
Introduced
Arrive in Senate
upper
Apr 17, 2026
Lower · Passed
Third Reading - Standard Debate - Passed 076-024-000
lower
Mar 26, 2026
Lower · Passed
Do Pass / Short Debate Labor & Commerce Committee; 018-010-000
lower
Mar 18, 2026
Committee
Assigned to Labor & Commerce Committee
lower
Feb 10, 2026
Committee
Referred to Rules Committee
lower
2 primary · 1 co-sponsor

Sponsors