| ||||
| Public Act 098-0105 | ||||
| ||||
| ||||
AN ACT concerning employment.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Employee Classification Act is amended by | ||||
adding Section 43 as follows: | ||||
(820 ILCS 185/43 new) | ||||
Sec. 43. Reporting requirements. | ||||
(a) Any contractor for which either an individual, sole | ||||
proprietor, or partnership is performing construction services | ||||
shall report all payments made to that individual, sole | ||||
proprietor, or partnership if the recipient of payment is not | ||||
classified as an employee. The report shall be submitted to the | ||||
Illinois Department of Labor annually on or before January 31 | ||||
following the taxable year in which the payment was made. The | ||||
report must include: | ||||
(1) the contractor name, address, and business | ||||
identification number; | ||||
(2) the individual, sole proprietor, or partnership | ||||
name, address, and federal employer identification number; | ||||
and | ||||
(3) the total amount the contractor paid to the | ||||
individual, sole proprietor, or partnership performing | ||||
services in the taxable year, including payments for | ||||
services and for any materials and equipment that was | ||
provided along with the services. | ||
(b) Reports filed under this Section are confidential and | ||
exempt from public disclosure other than to employees in | ||
performance of their official duties. However, the name of the | ||
reporting contractor and the name of the individual, sole | ||
proprietor, or partnership performing construction services | ||
shall be disclosed upon request by the general public under the | ||
Freedom of Information Act. | ||
(c) If the Department, upon investigation, finds that a | ||
contractor has failed to file a report or has filed an | ||
incomplete report in violation of this Section, the Department | ||
shall notify the contractor, in writing, of its finding and | ||
assess a civil penalty as provided in Section 40. The matter | ||
shall be referred to an Administrative Law Judge to schedule a | ||
formal hearing in accordance with the Illinois Administrative | ||
Procedure Act. | ||
(d) A final decision of an Administrative Law Judge issued | ||
pursuant to this Section is subject to the provisions of the | ||
Administrative Review Law and shall be enforceable in an action | ||
brought in the name of the people of the State of Illinois by | ||
the Attorney General. | ||
(e) The Department shall have the authority to adopt | ||
reasonable rules for implementation of this Section and the | ||
hearing process. The General Assembly finds that the adoption | ||
of rules to implement this Section is deemed an emergency and | ||
necessary for the public interest and welfare. | ||
(f) A violation of this Section shall subject the violator | ||
to debarment pursuant to Section 42. | ||
(g) Nothing in this Section shall apply to a business | ||
primarily engaged in the sale of tangible personal property or | ||
a contractor doing work for a business primarily engaged in the | ||
sale of tangible personal property. | ||
(h) Nothing in this Section shall apply to individuals or | ||
firms meeting the responsible bidder requirements of Section | ||
30-22 of the Illinois Procurement Code. | ||