Full Text of HB0582 100th General Assembly
HB0582ham001 100TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/7/2017
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| 1 | | AMENDMENT TO HOUSE BILL 582
| 2 | | AMENDMENT NO. ______. Amend House Bill 582 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Employee Classification Act is amended by | 5 | | changing Sections 40, 42, and 45 as follows: | 6 | | (820 ILCS 185/40)
| 7 | | Sec. 40. Penalties. | 8 | | (a) An employer or entity that violates any of the | 9 | | provisions of this Act or any rule adopted under this Act shall | 10 | | be subject to a civil penalty not to exceed $1,500 $1,000 for | 11 | | each violation found in the first audit by the Department. | 12 | | Following a first audit, an employer or entity shall be subject | 13 | | to a civil penalty not to exceed $2,500 $2,000 for each repeat | 14 | | violation found by the Department within a 5 year period. For | 15 | | purposes of this Section, each violation of this Act for each | 16 | | person and for each day the violation continues shall |
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| 1 | | constitute a separate and distinct violation. In determining | 2 | | the amount of a penalty, the Director shall consider the | 3 | | appropriateness of the penalty to the employer or entity | 4 | | charged, upon the determination of the gravity of the | 5 | | violations. | 6 | | (b) The amount of the penalty, when finally determined, may | 7 | | be recovered in any administrative proceeding or a civil action | 8 | | filed in any circuit court by the Director of Labor, or a | 9 | | person aggrieved by a violation of this Act or any rule adopted | 10 | | under this Act. | 11 | | (1) The Department shall distribute to all affected | 12 | | employees 10% of the civil penalty recovered as a result of | 13 | | any administrative proceeding or civil action brought by | 14 | | the Department. The remaining 90% of the amount recovered | 15 | | shall be submitted to the Director of Labor. | 16 | | (2) In any civil action brought by an interested party | 17 | | pursuant to this Section, the circuit court shall award the | 18 | | interested party 10% of the amount recovered. In such case, | 19 | | the remaining amount recovered shall be submitted to the | 20 | | Director of Labor. | 21 | | (c) Any uncollected amount shall be subject to the | 22 | | provisions of the Illinois State Collection Act of 1986.
| 23 | | (Source: P.A. 98-106, eff. 1-1-14.) | 24 | | (820 ILCS 185/42)
| 25 | | Sec. 42. Debarments. For any second or subsequent violation |
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| 1 | | determined by the Department which is within 5 years of an | 2 | | earlier violation, or a violation in accordance with the | 3 | | provisions of Section 45 of this Act, the Department shall add | 4 | | the employer or entity's name to a list to be posted on the | 5 | | Department's official website. Upon such notice, the | 6 | | Department shall notify the violating employer or entity. No | 7 | | state contract shall be awarded to an employer or entity | 8 | | appearing on the list until 5 4 years have elapsed from the | 9 | | date of the last violation.
| 10 | | (Source: P.A. 95-26, eff. 1-1-08.) | 11 | | (820 ILCS 185/45)
| 12 | | Sec. 45. Willful violations. | 13 | | (a) Whoever willfully violates any of the provisions of | 14 | | this Act or any rule adopted under this Act or whoever | 15 | | obstructs the Director of Labor, or his or her representatives, | 16 | | or any other person authorized to inspect places of employment | 17 | | under this Act shall be liable for penalties up to triple | 18 | | double the statutory amount. | 19 | | (b) Whoever willfully violates any of the provisions of | 20 | | this Act or any rule adopted under this Act shall be liable to | 21 | | the employee for punitive damages in an amount equal to the | 22 | | penalties assessed in subsection (a) of this Section.
| 23 | | (c) The penalty shall be imposed in cases in which an | 24 | | employer or entity's conduct is proven by a preponderance of | 25 | | the evidence to be willful. The penalty may be recovered in a |
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| 1 | | civil action brought by the Director of Labor in any circuit | 2 | | court. In any such action, the Director of Labor shall be | 3 | | represented by the Attorney General. Any uncollected amount | 4 | | shall be subject to the provisions of the Illinois State | 5 | | Collection Act of 1986.
| 6 | | (d) An entity or employer that willfully violates any | 7 | | provision of this Act or any rule adopted under this Act | 8 | | commits a Class C misdemeanor. An entity or employer that | 9 | | commits a second or subsequent violation within a 5 year period | 10 | | commits a Class 4 felony.
| 11 | | (e) An entity or employer that is found to have willfully | 12 | | violated any provision of this Act shall be debarred from being | 13 | | awarded a State contract as provided under Section 42 of this | 14 | | Act. | 15 | | (Source: P.A. 95-26, eff. 1-1-08.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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