Full Text of HB0923 98th General Assembly
HB0923ham002 98TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 4/11/2013
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| 1 | | AMENDMENT TO HOUSE BILL 923
| 2 | | AMENDMENT NO. ______. Amend House Bill 923 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Employee Classification Act is amended by | 5 | | adding 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 | 9 | | proprietor, or partnership is performing construction services | 10 | | shall report all payments made to that individual, sole | 11 | | proprietor, or partnership if the recipient of payment is not | 12 | | classified as an employee. The report shall be submitted to the | 13 | | Illinois Department of Labor annually on or before January 31 | 14 | | following the taxable year in which the payment was made. The | 15 | | report 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 | | (3) the total amount the contractor paid to the | 5 | | individual, sole proprietor, or partnership performing | 6 | | services in the taxable year, including payments for | 7 | | services and for any materials and equipment that was | 8 | | provided along with the services; and | 9 | | (4) any other information the Department of Labor may | 10 | | require by rule. | 11 | | (b) The Department may share the report, upon request, with | 12 | | any other local, State, or federal governmental agency. | 13 | | (c) Except as provided in subsection (b), reports filed | 14 | | under this Section are confidential and exempt from public | 15 | | disclosure other than to employees in performance of their | 16 | | official duties. However, the name of the reporting contractor | 17 | | and the name of the individual, sole proprietor, or partnership | 18 | | performing construction services shall be disclosed upon | 19 | | request by the general public under the Freedom of Information | 20 | | Act. | 21 | | (d) If the Department, upon investigation, finds that a | 22 | | contractor has failed to file a report or has filed an | 23 | | incomplete report in violation of this Section, the Department | 24 | | shall notify the contractor, in writing, of its finding and | 25 | | assess a civil penalty as provided in Section 40. The matter | 26 | | shall be referred to an Administrative Law Judge to schedule a |
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| 1 | | formal hearing in accordance with the Illinois Administrative | 2 | | Procedure Act. | 3 | | (e) The contractor has 14 calendar days from the date of | 4 | | receipt of the Department's finding to answer the allegations | 5 | | contained in the Department's finding. If an employer fails to | 6 | | answer or fails to answer all allegations contained in the | 7 | | Department's finding, any unanswered allegations and findings | 8 | | shall be deemed to be admitted to be true and shall be so found | 9 | | in the final decision of the Administrative Law Judge. | 10 | | (f) A final decision of an Administrative Law Judge issued | 11 | | pursuant to this Section is subject to the provisions of the | 12 | | Administrative Review Law and shall be enforceable in an action | 13 | | brought in the name of the people of the State of Illinois by | 14 | | the Attorney General. | 15 | | (g) The Department shall have the authority to adopt | 16 | | reasonable rules for implementation of this Section and the | 17 | | hearing process. The General Assembly finds that the adoption | 18 | | of rules to implement this Section is deemed an emergency and | 19 | | necessary for the public interest and welfare. | 20 | | (h) A violation of this Section shall subject the violator | 21 | | to debarment pursuant to Section 42. ".
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