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Public Act 098-0105


 

Public Act 0105 98TH GENERAL ASSEMBLY



 


 
Public Act 098-0105
 
HB0923 EnrolledLRB098 03768 WGH 33784 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Employee Classification Act is amended by
adding Section 43 as follows:
 
    (820 ILCS 185/43 new)
    Sec. 43. Reporting requirements.
    (a) Any contractor for which either an individual, sole
proprietor, or partnership is performing construction services
shall report all payments made to that individual, sole
proprietor, or partnership if the recipient of payment is not
classified as an employee. The report shall be submitted to the
Illinois Department of Labor annually on or before January 31
following the taxable year in which the payment was made. The
report must include:
        (1) the contractor name, address, and business
    identification number;
        (2) the individual, sole proprietor, or partnership
    name, address, and federal employer identification number;
    and
        (3) the total amount the contractor paid to the
    individual, sole proprietor, or partnership performing
    services in the taxable year, including payments for
    services and for any materials and equipment that was
    provided along with the services.
    (b) Reports filed under this Section are confidential and
exempt from public disclosure other than to employees in
performance of their official duties. However, the name of the
reporting contractor and the name of the individual, sole
proprietor, or partnership performing construction services
shall be disclosed upon request by the general public under the
Freedom of Information Act.
    (c) If the Department, upon investigation, finds that a
contractor has failed to file a report or has filed an
incomplete report in violation of this Section, the Department
shall notify the contractor, in writing, of its finding and
assess a civil penalty as provided in Section 40. The matter
shall be referred to an Administrative Law Judge to schedule a
formal hearing in accordance with the Illinois Administrative
Procedure Act.
    (d) A final decision of an Administrative Law Judge issued
pursuant to this Section is subject to the provisions of the
Administrative Review Law and shall be enforceable in an action
brought in the name of the people of the State of Illinois by
the Attorney General.
    (e) The Department shall have the authority to adopt
reasonable rules for implementation of this Section and the
hearing process. The General Assembly finds that the adoption
of rules to implement this Section is deemed an emergency and
necessary for the public interest and welfare.
    (f) A violation of this Section shall subject the violator
to debarment pursuant to Section 42.
    (g) Nothing in this Section shall apply to a business
primarily engaged in the sale of tangible personal property or
a contractor doing work for a business primarily engaged in the
sale of tangible personal property.
    (h) Nothing in this Section shall apply to individuals or
firms meeting the responsible bidder requirements of Section
30-22 of the Illinois Procurement Code.

Effective Date: 1/1/2014