HB0923 EnrolledLRB098 03768 WGH 33784 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Employee Classification Act is amended by
5adding Section 43 as follows:
6    (820 ILCS 185/43 new)
7    Sec. 43. Reporting requirements.
8    (a) Any contractor for which either an individual, sole
9proprietor, or partnership is performing construction services
10shall report all payments made to that individual, sole
11proprietor, or partnership if the recipient of payment is not
12classified as an employee. The report shall be submitted to the
13Illinois Department of Labor annually on or before January 31
14following the taxable year in which the payment was made. The
15report must include:
16        (1) the contractor name, address, and business
17    identification number;
18        (2) the individual, sole proprietor, or partnership
19    name, address, and federal employer identification number;
20    and
21        (3) the total amount the contractor paid to the
22    individual, sole proprietor, or partnership performing
23    services in the taxable year, including payments for



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1    services and for any materials and equipment that was
2    provided along with the services.
3    (b) Reports filed under this Section are confidential and
4exempt from public disclosure other than to employees in
5performance of their official duties. However, the name of the
6reporting contractor and the name of the individual, sole
7proprietor, or partnership performing construction services
8shall be disclosed upon request by the general public under the
9Freedom of Information Act.
10    (c) If the Department, upon investigation, finds that a
11contractor has failed to file a report or has filed an
12incomplete report in violation of this Section, the Department
13shall notify the contractor, in writing, of its finding and
14assess a civil penalty as provided in Section 40. The matter
15shall be referred to an Administrative Law Judge to schedule a
16formal hearing in accordance with the Illinois Administrative
17Procedure Act.
18    (d) A final decision of an Administrative Law Judge issued
19pursuant to this Section is subject to the provisions of the
20Administrative Review Law and shall be enforceable in an action
21brought in the name of the people of the State of Illinois by
22the Attorney General.
23    (e) The Department shall have the authority to adopt
24reasonable rules for implementation of this Section and the
25hearing process. The General Assembly finds that the adoption
26of rules to implement this Section is deemed an emergency and



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1necessary for the public interest and welfare.
2    (f) A violation of this Section shall subject the violator
3to debarment pursuant to Section 42.
4    (g) Nothing in this Section shall apply to a business
5primarily engaged in the sale of tangible personal property or
6a contractor doing work for a business primarily engaged in the
7sale of tangible personal property.
8    (h) Nothing in this Section shall apply to individuals or
9firms meeting the responsible bidder requirements of Section
1030-22 of the Illinois Procurement Code.