Illinois General Assembly - Full Text of SB1978
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Full Text of SB1978  100th General Assembly


Rep. Lawrence Walsh, Jr.

Filed: 5/26/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1978 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Employee Misclassification Referral System Act.
6    Section 5. Employee misclassification referral system. The
7Department of Labor shall create an online employee
8misclassification referral system on its website. The employee
9misclassification referral system shall use one form that
10contains all the necessary information required for employee
11misclassification complaints to the Department of Employment
12Security, the Illinois Workers' Compensation Commission, the
13Department of Revenue, and the Department of Labor. The
14employee misclassification referral system shall refer
15complaints to the appropriate agency or agencies based on the
16information supplied by the individual making the complaint.



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1Anonymous and third-party complaints shall not be accepted by
2the employee misclassification referral system.
3    Upon completion of an investigation that was initiated
4through the employee misclassification referral system, the
5investigating agency, except for the Department of Employment
6Security, shall report to the Department of Labor any
7determination of an employee misclassification. That result
8shall be shared with the employer and the individual who filed
9the complaint. The Department of Labor shall also maintain in
10the employee misclassification referral system, and make
11accessible for review by any agency that regulates or licenses
12the employer that was the subject of the investigation, the
13results of a determination of employee misclassification and
14all appeals and administrative reviews.
15    The Department of Labor website shall also include links
16for the filing of complaints with the Internal Revenue Service
17and the Social Security Administration.
18    Section 10. Agency website information. The Department of
19Employment Security, the Illinois Workers' Compensation
20Commission, the Department of Revenue, the Department of Labor,
21and any other agency that regulates or licenses businesses
22shall put on its website, in a relevant and conspicuous place,
23a description of the purpose of the employee misclassification
24referral system provided by the Department of Labor and a link
25to the employee misclassification referral system.



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1    An agency, upon receiving a complaint of employee
2misclassification, shall direct the individual making the
3complaint to the employee misclassification referral system or
4may make the complaint on behalf of that individual.
5    Section 15. Rulemaking. The Department of Labor may adopt
6rules to implement the requirements of this Act.
7    Section 30. The Home Health, Home Services, and Home
8Nursing Agency Licensing Act is amended by changing Section 8
9as follows:
10    (210 ILCS 55/8)  (from Ch. 111 1/2, par. 2808)
11    Sec. 8. An application for a license may be denied for any
12of the following reasons:
13        (a) failure to meet the minimum standards prescribed by
14    the Department pursuant to Section 6;
15        (b) satisfactory evidence that the moral character of
16    the applicant or supervisor of the agency is not reputable.
17    In determining moral character, the Department may take
18    into consideration any convictions of the applicant or
19    supervisor but such convictions shall not operate as a bar
20    to licensing;
21        (c) lack of personnel qualified by training and
22    experience to properly perform the function of a home
23    health agency;



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1        (d) insufficient financial or other resources to
2    operate and conduct a home health, home services, or home
3    nursing agency in accordance with the requirements of this
4    Act and the minimum standards, rules and regulations
5    promulgated thereunder; or .
6        (e) a final determination, that includes exhaustion of
7    all available appeal and administrative review rights, of a
8    violation of Section 1400 or 1400.2 of the Unemployment
9    Insurance Act or subsection (d) of Section 4 of the
10    Workers' Compensation Act.
11(Source: P.A. 94-379, eff. 1-1-06.)".