Rep. Lawrence Walsh, Jr.
Filed: 5/26/2017
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1978




2    AMENDMENT NO. ______. Amend Senate Bill 1978 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 1. Short title. This Act may be cited as the 
5Employee Misclassification Referral System Act.
 
6    Section 5. Employee misclassification referral system. The 
7Department of Labor shall create an online employee 
8misclassification referral system on its website.  The employee 
9misclassification referral system shall use one form that 
10contains all the necessary information required for employee 
11misclassification complaints to the Department of Employment 
12Security, the Illinois Workers' Compensation Commission, the 
13Department of Revenue, and the Department of Labor.  The 
14employee misclassification referral system shall refer 
15complaints to the appropriate agency or agencies based on the 
16information supplied by the individual making the complaint. 
 
 
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1Anonymous and third-party complaints shall not be accepted by 
2the employee misclassification referral system.
3    Upon completion of an investigation that was initiated 
4through the employee misclassification referral system, the 
5investigating agency, except for the Department of Employment 
6Security, shall report to the Department of Labor any 
7determination of an employee misclassification.  That result 
8shall be shared with the employer and the individual who filed 
9the complaint. The Department of Labor shall also maintain in 
10the employee misclassification referral system, and make 
11accessible for review by any agency that regulates or licenses 
12the employer that was the subject of the investigation, the 
13results of a determination of employee misclassification and 
14all appeals and administrative reviews.
15    The Department of Labor website shall also include links 
16for the filing of complaints with the Internal Revenue Service 
17and the Social Security Administration. 
 
18    Section 10. Agency website information. The Department of 
19Employment Security, the Illinois Workers' Compensation 
20Commission, the Department of Revenue, the Department of Labor, 
21and any other agency that regulates or licenses businesses 
22shall put on its website, in a relevant and conspicuous place, 
23a description of the purpose of the employee misclassification 
24referral system provided by the Department of Labor and a link 
25to the employee misclassification referral system.
 
 
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1    An agency, upon receiving  a complaint of employee 
2misclassification, shall direct the individual making the 
3complaint to the employee misclassification referral system or 
4may make the complaint on behalf of that individual.
 
5    Section 15. Rulemaking. The Department of Labor may adopt 
6rules to implement the requirements of this Act.
 
7    Section 30. The Home Health, Home Services, and Home 
8Nursing Agency Licensing Act is amended  by changing Section 8 
9as follows:
 



10    (210 ILCS 55/8)  (from Ch. 111 1/2, par. 2808)



11    Sec. 8. An application for a license may be denied for any 
12of the
following reasons:

13        (a) failure to meet the minimum standards prescribed by 
14    the
Department pursuant to Section 6;

15        (b) satisfactory evidence that the moral character of 
16    the applicant
or supervisor of the agency is not reputable.  
17    In determining moral
character, the Department may take 
18    into consideration any convictions of
the applicant or 
19    supervisor but such convictions shall not operate as a
bar 
20    to licensing;

21        (c) lack of personnel qualified by training and 
22    experience to
properly perform the function of a home 
23    health agency;

 
 
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1        (d) insufficient financial or other resources to 
2    operate and conduct
a home health, home services, or home 
3    nursing agency in accordance with the requirements of this 
4    Act and
the minimum standards, rules and regulations 
5    promulgated thereunder; or .

6        (e) a final determination, that includes exhaustion of 
7    all available appeal and administrative review rights, of a 
8    violation of Section 1400 or 1400.2 of the Unemployment 
9    Insurance Act or subsection (d) of Section 4 of the 
10    Workers' Compensation Act. 
11(Source: P.A. 94-379, eff. 1-1-06.)".