Rep. Jay Hoffman

Filed: 4/17/2013





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2    AMENDMENT NO. ______. Amend House Bill 923 by replacing
3everything after the enacting clause with the following:
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



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1    identification number;
2        (2) the individual, sole proprietor, or partnership
3    name, address, and federal employer identification number;
4    and
5        (3) the total amount the contractor paid to the
6    individual, sole proprietor, or partnership performing
7    services in the taxable year, including payments for
8    services and for any materials and equipment that was
9    provided along with the services.
10    (b) Reports filed under this Section are confidential and
11exempt from public disclosure other than to employees in
12performance of their official duties. However, the name of the
13reporting contractor and the name of the individual, sole
14proprietor, or partnership performing construction services
15shall be disclosed upon request by the general public under the
16Freedom of Information Act.
17    (c) If the Department, upon investigation, finds that a
18contractor has failed to file a report or has filed an
19incomplete report in violation of this Section, the Department
20shall notify the contractor, in writing, of its finding and
21assess a civil penalty as provided in Section 40. The matter
22shall be referred to an Administrative Law Judge to schedule a
23formal hearing in accordance with the Illinois Administrative
24Procedure Act.
25    (d) A final decision of an Administrative Law Judge issued
26pursuant to this Section is subject to the provisions of the



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1Administrative Review Law and shall be enforceable in an action
2brought in the name of the people of the State of Illinois by
3the Attorney General.
4    (e) The Department shall have the authority to adopt
5reasonable rules for implementation of this Section and the
6hearing process. The General Assembly finds that the adoption
7of rules to implement this Section is deemed an emergency and
8necessary for the public interest and welfare.
9    (f) A violation of this Section shall subject the violator
10to debarment pursuant to Section 42.
11    (g) Nothing in this Section shall apply to a business
12primarily engaged in the sale of tangible personal property or
13a contractor doing work for a business primarily engaged in the
14sale of tangible personal property.
15    (h) Nothing in this Section shall apply to individuals or
16firms meeting the responsible bidder requirements of Section
1730-22 of the Illinois Procurement Code.".