Full Text of SB2399 94th General Assembly
SB2399ham001 94TH GENERAL ASSEMBLY
|
Rep. Lou Lang
Filed: 5/2/2006
|
|
09400SB2399ham001 |
|
LRB094 16772 WGH 58683 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 2399
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2399 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "ARTICLE 1. | 5 |
| Section 1-1. Short title. This Article 1 may be cited as | 6 |
| the Apprenticeship Program and Public Works Reporting Act , and | 7 |
| references in this Article to "this Act" mean this Article. | 8 |
| Section 1-5. Definitions. As used in this Act: | 9 |
| "Apprenticeship program" means an apprenticeship program | 10 |
| approved by the U.S. Department of Labor. | 11 |
| "Public works" has the meaning ascribed to that term in the | 12 |
| Prevailing Wage Act. | 13 |
| Section 1-10. Apprenticeship program reports. | 14 |
| (a) For each apprenticeship program operating in this | 15 |
| State, the entity operating the apprenticeship program must | 16 |
| file annual reports with the Department of Commerce and | 17 |
| Economic Opportunity covering each calendar year. Each report | 18 |
| shall include: | 19 |
| (1) The number of persons applying to the program in | 20 |
| each of the following categories of race or ethnicity: | 21 |
| white, black or African American,
Hispanic or Latino | 22 |
| ethnicity, Asian American, and Native American. |
|
|
|
09400SB2399ham001 |
- 2 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| (2) The number of persons participating in the program | 2 |
| in each of the following categories of race or ethnicity: | 3 |
| white, black or African American,
Hispanic or Latino | 4 |
| ethnicity, Asian American, and Native American. | 5 |
| (3) The number of persons completing the program in | 6 |
| each of the following categories of race or ethnicity: | 7 |
| white, black or African American,
Hispanic or Latino | 8 |
| ethnicity, Asian American, and Native American. | 9 |
| (4) The number of persons of each gender applying to | 10 |
| the program. | 11 |
| (5) The number of persons of each gender participating | 12 |
| in the program. | 13 |
| (6) The number of persons of each gender completing the | 14 |
| program. | 15 |
| (b) Nothing in this Section shall be construed to compel an | 16 |
| individual to provide information regarding race, ethnicity, | 17 |
| or gender or compel an entity operating the apprenticeship | 18 |
| program to report regarding race, ethnicity, or gender if that | 19 |
| information is not provided by the individual applying to or | 20 |
| participating in an apprenticeship program. | 21 |
| (c) An entity that knowingly fails to file a report or | 22 |
| knowingly files an inaccurate or incomplete report commits a | 23 |
| business offense for which a fine of not more than $5,000 may | 24 |
| be imposed. In addition, if 14 days have elapsed since a report | 25 |
| filing deadline of the Department of Commerce and Economic | 26 |
| Opportunity, each subsequent day during which an entity | 27 |
| knowingly fails to file a report constitutes a separate | 28 |
| violation. | 29 |
| (d) The Department of Commerce and Economic Opportunity | 30 |
| shall adopt rules concerning the format and contents of reports | 31 |
| and the time and procedure for filing reports under this | 32 |
| Section. | 33 |
| Section 1-15. Public works contractor reports. |
|
|
|
09400SB2399ham001 |
- 3 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| (a) Each contractor to whom a contract for a public works | 2 |
| project for a State agency has been awarded and each | 3 |
| subcontractor performing work on the project must file annual | 4 |
| reports with the Department of Commerce and Economic | 5 |
| Opportunity covering each calendar year during which work is | 6 |
| performed under the contract. Each report shall include the | 7 |
| following information for each job classification: | 8 |
| (1) The number of persons applying to perform work on | 9 |
| the project in each of the following categories of race or | 10 |
| ethnicity: white, black or African American,
Hispanic or | 11 |
| Latino ethnicity, Asian American, and Native American. | 12 |
| (2) The number of persons performing work on the | 13 |
| project in each of the following categories of race or | 14 |
| ethnicity: white, black or African American,
Hispanic or | 15 |
| Latino ethnicity, Asian American, and Native American. | 16 |
| (3) The number of persons of each gender applying to | 17 |
| perform work on the project. | 18 |
| (4) The number of persons of each gender performing | 19 |
| work on the project. | 20 |
| (b) Nothing in this Section shall be construed to compel an | 21 |
| individual to provide information regarding race, ethnicity, | 22 |
| or gender or compel a contractor or subcontractor to report | 23 |
| regarding race, ethnicity, or gender if that information is not | 24 |
| provided by an individual applying to perform work on a project | 25 |
| or performing work on a project. | 26 |
| (c) A contractor or subcontractor that knowingly fails to | 27 |
| file a report or knowingly files an inaccurate or incomplete | 28 |
| report commits a business offense for which a fine of not more | 29 |
| than $5,000 may be imposed. In addition, if 14 days have | 30 |
| elapsed since a report filing deadline of the Department of | 31 |
| Commerce and Economic Opportunity, each subsequent day during | 32 |
| which a contractor or subcontractor knowingly fails to file a | 33 |
| report constitutes a separate violation. | 34 |
| (d) The Department of Commerce and Economic Opportunity |
|
|
|
09400SB2399ham001 |
- 4 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| shall adopt rules concerning the format and contents of reports | 2 |
| and the time and procedure for filing reports under this | 3 |
| Section. | 4 |
| Section 1-20. Reports by the Department of Commerce and | 5 |
| Economic Opportunity. The Department of Commerce and Economic | 6 |
| Opportunity shall file a report each calendar quarter with the | 7 |
| Governor and the General Assembly incorporating the | 8 |
| information filed with the Department of Commerce and Economic | 9 |
| Opportunity under Sections 1-10, 1-15, 1-25, and 1-30. The | 10 |
| information in each report shall be further broken down by the | 11 |
| 5 regions of the State, as those regions are defined by the | 12 |
| Department of Commerce and Economic Opportunity. Each report | 13 |
| shall also compare the reported racial, ethnic, and gender data | 14 |
| for each region with the racial, ethnic, and gender | 15 |
| characteristics of the general workforce for each region. | 16 |
| Section 1-25. Reports by the Department of Transportation. | 17 |
| The Department of Transportation shall file a report each | 18 |
| calendar quarter with the Department of Commerce and Economic | 19 |
| Opportunity setting forth the following information for each | 20 |
| contract entered into by the Department of Transportation for a | 21 |
| public works project under which work was performed during the | 22 |
| quarterly reporting period: | 23 |
| (1) The name of the project. | 24 |
| (2) For each trade or occupation, the number of persons | 25 |
| performing work on the project during the quarterly | 26 |
| reporting period in each of the following categories of | 27 |
| race or ethnicity: white, black or African American,
| 28 |
| Hispanic or Latino ethnicity, Asian American, and Native | 29 |
| American. | 30 |
| (3) For each trade or occupation, the number of persons | 31 |
| of each gender performing work on the project during the | 32 |
| quarterly reporting period. |
|
|
|
09400SB2399ham001 |
- 5 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| Section 1-30. Reports by the Capital Development Board. The | 2 |
| Capital Development Board shall file a report each calendar | 3 |
| quarter with the Department of Commerce and Economic | 4 |
| Opportunity setting forth the following information for each | 5 |
| contract entered into by the Capital Development Board for a | 6 |
| public works project under which work was performed during the | 7 |
| quarterly reporting period: | 8 |
| (1) The name of the project. | 9 |
| (2) For each trade or occupation, the number of persons | 10 |
| performing work on the project during the quarterly | 11 |
| reporting period in each of the following categories of | 12 |
| race or ethnicity: white, black or African American,
| 13 |
| Hispanic or Latino ethnicity, Asian American, and Native | 14 |
| American. | 15 |
| (3) For each trade or occupation, the number of persons | 16 |
| of each gender performing work on the project during the | 17 |
| quarterly reporting period. | 18 |
| Section 1-35. Rules. The Department of Commerce and | 19 |
| Economic Opportunity, the Department of Transportation, and | 20 |
| the Capital Development Board may adopt any rules necessary or | 21 |
| appropriate to carry out their responsibilities under this Act.
| 22 |
| ARTICLE 5. | 23 |
| Section 5-1. Short title. This Article 5 may be cited as | 24 |
| the Employee
Classification Act , and references in this Article | 25 |
| to "this Act" mean this Article.
| 26 |
| Section 5-3. Purpose. This Act is intended to address the | 27 |
| practice of misclassifying employees as independent | 28 |
| contractors. |
|
|
|
09400SB2399ham001 |
- 6 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| Section 5-5. Definitions. As used in this Act: | 2 |
| "Construction" means building, altering, repairing, | 3 |
| improving, or demolishing any structure or building or making | 4 |
| improvements of any kind to real property. | 5 |
| "Contractor" means any person or entity who is engaged in | 6 |
| construction as defined in this Act. "Contractor" includes a | 7 |
| general contractor and a subcontractor, but does not include a | 8 |
| person or entity who furnishes only materials or supplies.
| 9 |
| "Department" means the Department of Labor. | 10 |
| "Director" means the Director of Labor. | 11 |
| "Employer" means any contractor that employs individuals | 12 |
| deemed employees under Section 5-10 of this Act; however, | 13 |
| "employer" does not include (i) the State of Illinois or its | 14 |
| officers, agencies, or political subdivisions or (ii) the | 15 |
| federal government. | 16 |
| "Entity" means any contractor or subcontractor for which a | 17 |
| person is performing any service and is not classified as an | 18 |
| employee under Section 5-10 of this Act; however, "entity" does | 19 |
| not include (i) the State of Illinois or its officers, | 20 |
| agencies, or political subdivisions or (ii) the federal | 21 |
| government.
| 22 |
| Section 5-10. Applicability; status of individuals | 23 |
| performing service. For the purposes of this Act, an individual | 24 |
| performing any service for a contractor or subcontractor is | 25 |
| deemed to be an employee unless it is shown that: | 26 |
| (1) the individual has been and will continue to be | 27 |
| free from control or direction over the performance of the | 28 |
| service, both under his or her contract of service and in | 29 |
| fact; | 30 |
| (2) the service is either outside the usual course of | 31 |
| the business for which the service is performed or the | 32 |
| service is performed outside of all the places of business | 33 |
| of the enterprise for which the service is performed; and |
|
|
|
09400SB2399ham001 |
- 7 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| (3) the individual is engaged in an independently | 2 |
| established trade, occupation, profession, or business. | 3 |
| Provided, however, that this shall not impair the ability of a | 4 |
| contractor to subcontract with a subcontractor provided the | 5 |
| subcontractor satisfies the provisions of this Section, nor | 6 |
| impair the ability of a subcontractor to subcontract with a | 7 |
| lower tier subcontractor provided the lower tier subcontractor | 8 |
| satisfies the provisions of this Section. | 9 |
| Section 5-15. Notice. | 10 |
| (a) The Department shall post a summary of the requirements | 11 |
| of this Act in English, Spanish, and Polish on its web site and | 12 |
| on bulletin boards in each of its offices. | 13 |
| (b) An employer or entity for whom one or more persons | 14 |
| classified as independent contractors are performing service | 15 |
| shall post and keep posted, in conspicuous places on each job | 16 |
| site where those persons work and in each of its offices, a | 17 |
| notice in English, Spanish, and Polish, prepared by the | 18 |
| Department, summarizing the requirements of this Act. The | 19 |
| Department shall furnish copies of summaries to employers and | 20 |
| entities upon request without charge. | 21 |
| Section 5-20. Failure to properly designate or classify | 22 |
| persons performing services as employees. | 23 |
| (a) Except as provided in subsection (b), it is a violation | 24 |
| of this Act for an employer or entity not to designate an | 25 |
| individual as an employee under Section 5-10 of this Act unless | 26 |
| the employer or entity satisfies the provisions of Section | 27 |
| 5-10. | 28 |
| (b) A general contractor shall not be liable under this Act | 29 |
| for any subcontractor's failure to properly designate or | 30 |
| classify persons performing services as employees, nor shall a | 31 |
| subcontractor be liable for any lower tier subcontractor's | 32 |
| failure to properly designate or classify persons performing |
|
|
|
09400SB2399ham001 |
- 8 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| services as employees. | 2 |
| (c) Nothing in this Act shall be deemed to apply to any | 3 |
| action arising out of personal injury or tort. | 4 |
| Section 5-25. Enforcement. It shall be the duty of the | 5 |
| Department to enforce the provisions of this Act. The | 6 |
| Department shall have the power to conduct investigations in | 7 |
| connection with the administration and enforcement of this Act | 8 |
| and any investigator with the Department shall be authorized to | 9 |
| visit and inspect, at all reasonable times, any places covered | 10 |
| by this Act and shall be authorized to inspect, at all | 11 |
| reasonable times, documents related to the determination of | 12 |
| whether a person is an employee under Section 5-10 of this Act. | 13 |
| The Director of Labor or his or her representative may compel, | 14 |
| by subpoena, the attendance and testimony of witnesses and the | 15 |
| production of books, payrolls, records, papers, and other | 16 |
| evidence in any investigation or hearing and may administer | 17 |
| oaths to witnesses. | 18 |
| Section 5-27. Order for violation and public hearing. | 19 |
| Whenever the Department believes upon investigation that there | 20 |
| has been a violation of any of the provisions of this Act or | 21 |
| any rules or regulations promulgated under this Act, the | 22 |
| Department may: (i) issue and cause to be served on any party | 23 |
| an order to cease and desist from further violation of this | 24 |
| Act; (ii) take affirmative or other action as deemed reasonable | 25 |
| to eliminate the effect of the violation; and (iii) assess any | 26 |
| civil penalty allowed by this Act.
The civil penalties assessed | 27 |
| by the Department shall be recoverable in an action brought in | 28 |
| the name of the People of the State of Illinois by the Attorney | 29 |
| General. In any order issued to an offending party under this | 30 |
| Act, the Department shall include a summary of its findings, | 31 |
| which give evidence of the violation. Any party affected by an | 32 |
| order of the Department shall have the right to a hearing |
|
|
|
09400SB2399ham001 |
- 9 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| before the Department; however, a written request for such | 2 |
| hearing shall be served on the Department within 10 days of | 3 |
| notice of such order. In the absence of the receipt of a | 4 |
| request for hearing, the affected party shall be deemed to have | 5 |
| waived its right to a hearing and the Department's order shall | 6 |
| become a final administrative decision.
| 7 |
| Section 5-30. Review under Administrative Review Law. Any | 8 |
| party to a proceeding under this Act may apply for and obtain | 9 |
| judicial review of an order of the Department entered under | 10 |
| this Act in accordance with the provisions of the | 11 |
| Administrative Review Law, and the Department in proceedings | 12 |
| under the Act may obtain an order from the court for the | 13 |
| enforcement of its order.
| 14 |
| Section 5-35. Contempt. Whenever it appears that any | 15 |
| employer or entity has violated a valid order of the Department | 16 |
| issued under this Act, the Director of Labor may commence an | 17 |
| action and obtain from the court an order commanding the | 18 |
| employer or entity to obey the order of the Department or be | 19 |
| adjudged guilty of contempt of court and punished accordingly. | 20 |
| Section 5-40. Penalties.
An employer or entity that | 21 |
| violates any of the provisions of this Act or any rule adopted | 22 |
| under this Act shall be subject to a civil penalty not to | 23 |
| exceed $1,500 for each violation found in the first audit by | 24 |
| the Department. Following a first audit, an employer or entity | 25 |
| shall be subject to a civil penalty not to exceed $2,500 for | 26 |
| each repeat violation found by the Department within 5 years. | 27 |
| For purposes of this Section, each violation of this Act for | 28 |
| each person and for each day the violation continues shall | 29 |
| constitute a separate and distinct violation. In determining | 30 |
| the amount of a penalty, the Director shall consider the | 31 |
| appropriateness of the penalty to the employer or entity |
|
|
|
09400SB2399ham001 |
- 10 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| charged, upon the determination of the gravity of the | 2 |
| violations. The amount of the penalty, when finally determined, | 3 |
| may be recovered in a civil action filed in any circuit court | 4 |
| by the Director of Labor, or a person aggrieved by a violation | 5 |
| of this Act or any rule adopted under this Act. In any civil | 6 |
| action brought by an aggrieved person pursuant to this Section, | 7 |
| the circuit court shall award the aggrieved person 10% of the | 8 |
| amount recovered. In such case the remaining amount recovered | 9 |
| shall be submitted to the Director of Labor. Any uncollected | 10 |
| amount shall be subject to the provisions of the Illinois State | 11 |
| Collection Act of 1986. | 12 |
| Section 5-42. Debarments.
For any second or subsequent | 13 |
| violation determined by the Department which is within 5 years | 14 |
| of an earlier violation, the Department shall add the employer | 15 |
| or entity's name to a list to be posted on the Department's | 16 |
| website. Upon such notice, the Department shall notify the | 17 |
| violating employer or entity. No State contract shall be | 18 |
| awarded to an employer or entity appearing on the list until 4 | 19 |
| years have elapsed from the date of the last violation.
| 20 |
| Section 5-45. Willful violations.
| 21 |
| (a) Whoever willfully violates any of the provisions of | 22 |
| this Act or any rule adopted under this Act or whoever | 23 |
| obstructs the Director of Labor, or his or her representatives, | 24 |
| or any other person authorized to inspect places of employment | 25 |
| under this Act shall be liable for penalties up to double the | 26 |
| statutory amount. | 27 |
| (b) Whoever willfully violates any of the provisions of | 28 |
| this Act or any rule adopted under this Act shall be liable to | 29 |
| the employee for punitive damages in an amount equal to the | 30 |
| penalties assessed in subsection (a) of this Section. | 31 |
| (c) The penalty shall be imposed in cases in which an | 32 |
| employer or entity's conduct is proven by a preponderance of |
|
|
|
09400SB2399ham001 |
- 11 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| the evidence to be willful. The penalty may be recovered in a | 2 |
| civil action brought by the Director of Labor in any circuit | 3 |
| court. In any such action, the Director of Labor shall be | 4 |
| represented by the Attorney General.
Any uncollected amount | 5 |
| shall be subject to the provisions of the Illinois State | 6 |
| Collection Act of 1986. | 7 |
| Section 5-50. Employee Classification Fund. All moneys | 8 |
| received by the Department as civil penalties under this Act | 9 |
| shall be deposited into the Employee Classification Fund and | 10 |
| shall be used, subject to appropriation by the General | 11 |
| Assembly, by the Department for administration, investigation, | 12 |
| and other expenses incurred in carrying out its powers and | 13 |
| duties under this Act. The Department shall hire as many | 14 |
| investigators and other personnel as may be necessary to carry | 15 |
| out the purposes of this Act. Any moneys in the Fund at the end | 16 |
| of a fiscal year in excess of those moneys necessary for the | 17 |
| Department to carry out its powers and duties under this Act | 18 |
| shall be available to the Department for the next fiscal year | 19 |
| for any of the Department's duties. | 20 |
| Section 5-55. Retaliation.
| 21 |
| (a) It is a violation of this Act for an employer or | 22 |
| entity, or any agent of an employer or entity, to retaliate | 23 |
| through discharge or in any other manner against any person for | 24 |
| exercising any rights granted under this Act. Such retaliation | 25 |
| shall subject an employer or entity to civil penalties pursuant | 26 |
| to this Act or a private cause of action. | 27 |
| (b) It is a violation of this Act for an employer or entity | 28 |
| to retaliate against a person for: | 29 |
| (1) making a complaint to an employer or entity, to a | 30 |
| co-worker, to a community organization, before a public | 31 |
| hearing, or to a State or federal agency that rights | 32 |
| guaranteed under this Act have been violated; |
|
|
|
09400SB2399ham001 |
- 12 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| (2) causing to be instituted any proceeding under or
| 2 |
| related to this Act; or | 3 |
| (3) testifying or preparing to testify in an
| 4 |
| investigation or proceeding under this Act. | 5 |
| Section 5-60. Private right of action.
| 6 |
| (a) A person aggrieved by a violation of this Act or any | 7 |
| rule adopted under this Act by an employer or entity may file | 8 |
| suit in circuit court, in the county where the alleged offense | 9 |
| occurred or where any person who is party to the action | 10 |
| resides, without regard to exhaustion of any alternative | 11 |
| administrative remedies provided in this Act. Actions may be | 12 |
| brought by one or more persons for and on behalf of themselves | 13 |
| and other persons similarly situated. A person whose rights | 14 |
| have been violated under this Act by an employer or entity is | 15 |
| entitled to collect: | 16 |
| (1) the
amount of any wages, salary, employment | 17 |
| benefits, or other compensation denied or lost to the | 18 |
| person by reason of the violation, plus an equal amount in | 19 |
| liquidated damages; | 20 |
| (2) compensatory damages and an amount up to $500 for | 21 |
| each violation of this Act or any rule adopted under this | 22 |
| Act; | 23 |
| (3) in the case of unlawful retaliation, all legal or
| 24 |
| equitable relief as may be appropriate; and | 25 |
| (4) attorney's fees and costs. | 26 |
| (b) The right of an aggrieved person to bring an action
| 27 |
| under this Section terminates upon the passing of 3 years from | 28 |
| the final date of service to the employer or entity. This | 29 |
| limitations period is tolled if an employer or entity has | 30 |
| deterred a person's exercise of rights under this Act by | 31 |
| contacting or threatening to contact law enforcement agencies. | 32 |
| Section 5-65. Rulemaking. The Department may adopt |
|
|
|
09400SB2399ham001 |
- 13 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| reasonable rules to implement and administer this Act. For | 2 |
| purposes of this Act, the General Assembly finds that the | 3 |
| adoption of rules to implement this Act is deemed an emergency | 4 |
| and necessary for the public interest and welfare. | 5 |
| Section 5-70. No waivers. | 6 |
| (a) There shall be no waiver of any provision of this Act. | 7 |
| (b) It is a Class C misdemeanor for an employer to attempt | 8 |
| to induce any individual to waive any provision of this Act. | 9 |
| Section 5-75. Cooperation. The Department of Labor, the | 10 |
| Department of Employment Security, the Department of Revenue, | 11 |
| the Office of the State Comptroller, and the Illinois Workers' | 12 |
| Compensation Commission shall cooperate under this Act by | 13 |
| sharing information concerning any
suspected misclassification | 14 |
| by an employer of one or more of its employees as independent | 15 |
| contractors. Upon determining that an employer or entity has | 16 |
| misclassified employees as independent contractors in | 17 |
| violation of this Act, the Department of Labor shall notify the | 18 |
| Department of Employment Security, the Department of Revenue, | 19 |
| the Office of the State Comptroller, and the Illinois Workers' | 20 |
| Compensation Commission who shall be obliged to check such | 21 |
| employer or entity's compliance with their laws, utilizing | 22 |
| their own definitions, standards, and procedures.
| 23 |
| Section 5-80. Effect of final decision.
Any final | 24 |
| administrative decision made pursuant to this Act is for the | 25 |
| purpose of enforcing this Act and is not admissible or binding | 26 |
| against a party in any other proceeding. | 27 |
| Section 5-900. The State Comptroller Act is amended by | 28 |
| adding Section 9.06 as follows: | 29 |
| (15 ILCS 405/9.06 new)
|
|
|
|
09400SB2399ham001 |
- 14 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| Sec. 9.06. Misclassification of employees as independent | 2 |
| contractors. The Department of Labor, the Department of | 3 |
| Employment Security, the Department of Revenue, the Office of | 4 |
| the State Comptroller, and the Illinois Workers' Compensation | 5 |
| Commission shall cooperate under the Employee
Classification | 6 |
| Act by sharing information concerning any
suspected | 7 |
| misclassification by an employer or entity, as defined in the | 8 |
| Employee
Classification Act, of one or more employees as | 9 |
| independent contractors. | 10 |
| Section 5-901. The Department of Employment Security Law of | 11 |
| the
Civil Administrative Code of Illinois is amended by adding | 12 |
| Section 1005-160 as follows: | 13 |
| (20 ILCS 1005/1005-160 new)
| 14 |
| Sec. 1005-160. Misclassification of employees as | 15 |
| independent contractors. The Department of Labor, the | 16 |
| Department of Employment Security, the Department of Revenue, | 17 |
| the Office of the State Comptroller, and the Illinois Workers' | 18 |
| Compensation Commission shall cooperate under the Employee
| 19 |
| Classification Act by sharing information concerning any
| 20 |
| suspected misclassification by an employer or entity, as | 21 |
| defined in the Employee
Classification Act, of one or more | 22 |
| employees as independent contractors.
| 23 |
| Section 5-905. The Department of Labor Law of the
Civil | 24 |
| Administrative Code of Illinois is amended by adding Section | 25 |
| 1505-125 as follows: | 26 |
| (20 ILCS 1505/1505-125 new)
| 27 |
| Sec. 1505-125. Misclassification of employees as | 28 |
| independent contractors. The Department of Labor, the | 29 |
| Department of Employment Security, the Department of Revenue, | 30 |
| the Office of the State Comptroller, and the Illinois Workers' |
|
|
|
09400SB2399ham001 |
- 15 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| Compensation Commission shall cooperate under the Employee
| 2 |
| Classification Act by sharing information concerning any
| 3 |
| suspected misclassification by an employer or entity, as | 4 |
| defined in the Employee
Classification Act, of one or more | 5 |
| employees as independent contractors.
| 6 |
| Section 5-910. The Department of Revenue Law of the
Civil | 7 |
| Administrative Code of Illinois is amended by adding Section | 8 |
| 2505-750 as follows: | 9 |
| (20 ILCS 2505/2505-750 new)
| 10 |
| Sec. 2505-750. Misclassification of employees as | 11 |
| independent contractors. The Department of Labor, the | 12 |
| Department of Employment Security, the Department of Revenue, | 13 |
| the Office of the State Comptroller, and the Illinois Workers' | 14 |
| Compensation Commission shall cooperate under the Employee
| 15 |
| Classification Act by sharing information concerning any
| 16 |
| suspected misclassification by an employer or entity, as | 17 |
| defined in the Employee
Classification Act, of one or more | 18 |
| employees as independent contractors.
| 19 |
| Section 5-915. The State Finance Act is amended by adding | 20 |
| Section
5.663 as follows:
| 21 |
| (30 ILCS 105/5.663 new)
| 22 |
| Sec. 5.663. The Employee
Classification Fund.
| 23 |
| Section 5-920. The Illinois Procurement Code is amended by | 24 |
| changing Section 50-70 as follows:
| 25 |
| (30 ILCS 500/50-70)
| 26 |
| Sec. 50-70. Additional provisions. This Code is subject
to | 27 |
| applicable provisions of
the following Acts:
| 28 |
| (1) Article 33E of the Criminal Code of 1961;
|
|
|
|
09400SB2399ham001 |
- 16 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| (2) the Illinois Human Rights Act;
| 2 |
| (3) the Discriminatory Club Act;
| 3 |
| (4) the Illinois Governmental Ethics Act;
| 4 |
| (5) the State Prompt Payment Act;
| 5 |
| (6) the Public Officer Prohibited Activities Act; and
| 6 |
| (7) the Drug Free Workplace Act ; and
| 7 |
| (8) the Employee
Classification Act .
| 8 |
| (Source: P.A. 90-572, eff. 2-6-98.)
| 9 |
| Section 5-925. The Workers' Compensation Act is amended by | 10 |
| adding Section
26.1 as follows:
| 11 |
| (820 ILCS 305/26.1 new)
| 12 |
| Sec. 26.1. Misclassification of employees as independent | 13 |
| contractors. The Department of Labor, the Department of | 14 |
| Employment Security, the Department of Revenue, the Office of | 15 |
| the State Comptroller, and the Illinois Workers' Compensation | 16 |
| Commission shall cooperate under the Employee
Classification | 17 |
| Act by sharing information concerning any
suspected | 18 |
| misclassification by an employer or entity, as defined in the | 19 |
| Employee
Classification Act, of one or more employees as | 20 |
| independent contractors.
| 21 |
| ARTICLE 10. | 22 |
| Section 10-5. The Prevailing Wage Act is amended by | 23 |
| changing Section 5 as follows:
| 24 |
| (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
| 25 |
| Sec. 5. Certified payroll.
| 26 |
| (a) While participating on public works, the contractor and | 27 |
| each subcontractor shall: | 28 |
| (1) make and keep, for a period of not less
than 3 | 29 |
| years, records of all laborers, mechanics, and other |
|
|
|
09400SB2399ham001 |
- 17 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| workers employed by them on the project; the records shall | 2 |
| include each worker's name, address, telephone number
when | 3 |
| available, social security number, classification or | 4 |
| classifications, the hourly wages paid in each pay period, | 5 |
| the number of hours worked each day, and the starting and | 6 |
| ending times of work each day; and | 7 |
| (2) submit monthly, in person, by mail, or | 8 |
| electronically a certified payroll to the public body in | 9 |
| charge of the project. The certified payroll shall consist | 10 |
| of a complete copy of the records identified in paragraph | 11 |
| (1) of this subsection (a) , but may exclude the starting | 12 |
| and ending times of work each day . The certified payroll | 13 |
| shall be accompanied by a statement signed by the | 14 |
| contractor or subcontractor which avers that: (i) such | 15 |
| records are true and accurate; (ii) the hourly rate paid to | 16 |
| each worker is not less than the general prevailing rate of | 17 |
| hourly wages required by this Act; and (iii) the contractor | 18 |
| or subcontractor is aware that filing a certified payroll | 19 |
| that he or she knows to be false is a Class B misdemeanor. | 20 |
| A general contractor is not prohibited from relying on the | 21 |
| certification of a lower tier subcontractor, provided the | 22 |
| general contractor does not knowingly rely upon a | 23 |
| subcontractor's false certification. Any contractor or | 24 |
| subcontractor subject to this Act who fails to submit a | 25 |
| certified payroll or knowingly files a false certified | 26 |
| payroll is in violation of this Act and guilty of a Class B | 27 |
| misdemeanor. The public body in charge of the project shall | 28 |
| keep the records submitted in accordance with this | 29 |
| paragraph (2) of subsection (a) for a period of not less | 30 |
| than 3 years. The records submitted in accordance with this | 31 |
| paragraph (2) of subsection (a) shall be considered public | 32 |
| records, except an employee's address, telephone number, | 33 |
| and social security number, and made available in | 34 |
| accordance with the Freedom of Information Act. The public |
|
|
|
09400SB2399ham001 |
- 18 - |
LRB094 16772 WGH 58683 a |
|
| 1 |
| body shall accept any reasonable submissions by the | 2 |
| contractor that meet the requirements of this Section.
| 3 |
| (b) Upon 7
2 business days' notice, the contractor and each | 4 |
| subcontractor shall make available for inspection the records | 5 |
| identified in paragraph (1) of subsection (a) of this Section | 6 |
| to the public body
in charge of the project, its officers and | 7 |
| agents, and to the Director of Labor
and his deputies and | 8 |
| agents. Upon 7
2 business days' notice, the contractor and each | 9 |
| subcontractor shall make such records available at all | 10 |
| reasonable hours at a location within this State. | 11 |
| (Source: P.A. 93-38, eff. 6-1-04; 94-515, eff. 8-10-05.)
| 12 |
| ARTICLE 99. | 13 |
| Section 99-97. Severability. The provisions of this Act are | 14 |
| severable under Section 1.31 of the Statute on Statutes. | 15 |
| Section 99-99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
|
|