HB0923ham002 98TH GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 4/11/2013

09800HB0923ham002 LRB098 03768 JLS 44198 a

AMENDMENT TO HOUSE BILL 923

AMENDMENT NO. ______. Amend House Bill 923 by replacing everything after the enacting clause with the following:

"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;

(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; and

(4) any other information the Department of Labor may require by rule.

(b) The Department may share the report, upon request, with any other local, State, or federal governmental agency.

(c) Except as provided in subsection (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.

(d) 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.

(e) The contractor has 14 calendar days from the date of receipt of the Department's finding to answer the allegations contained in the Department's finding. If an employer fails to answer or fails to answer all allegations contained in the Department's finding, any unanswered allegations and findings shall be deemed to be admitted to be true and shall be so found in the final decision of the Administrative Law Judge.

(f) 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.

(g) 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.

(h) A violation of this Section shall subject the violator to debarment pursuant to Section 42.".