Rep. Jay Hoffman

Filed: 4/11/2013





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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        (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
12any other local, State, or federal governmental agency.
13    (c) Except as provided in subsection (b), reports filed
14under this Section are confidential and exempt from public
15disclosure other than to employees in performance of their
16official duties. However, the name of the reporting contractor
17and the name of the individual, sole proprietor, or partnership
18performing construction services shall be disclosed upon
19request by the general public under the Freedom of Information
21    (d) If the Department, upon investigation, finds that a
22contractor has failed to file a report or has filed an
23incomplete report in violation of this Section, the Department
24shall notify the contractor, in writing, of its finding and
25assess a civil penalty as provided in Section 40. The matter
26shall be referred to an Administrative Law Judge to schedule a



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1formal hearing in accordance with the Illinois Administrative
2Procedure Act.
3    (e) The contractor has 14 calendar days from the date of
4receipt of the Department's finding to answer the allegations
5contained in the Department's finding. If an employer fails to
6answer or fails to answer all allegations contained in the
7Department's finding, any unanswered allegations and findings
8shall be deemed to be admitted to be true and shall be so found
9in the final decision of the Administrative Law Judge.
10    (f) A final decision of an Administrative Law Judge issued
11pursuant to this Section is subject to the provisions of the
12Administrative Review Law and shall be enforceable in an action
13brought in the name of the people of the State of Illinois by
14the Attorney General.
15    (g) The Department shall have the authority to adopt
16reasonable rules for implementation of this Section and the
17hearing process. The General Assembly finds that the adoption
18of rules to implement this Section is deemed an emergency and
19necessary for the public interest and welfare.
20    (h) A violation of this Section shall subject the violator
21to debarment pursuant to Section 42.".