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Public Act 100-0278


 

Public Act 0278 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0278
 
HB3785 EnrolledLRB100 09651 SMS 19820 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Private Employment Agency Act is amended by
changing Sections 1.5, 4, and 5 and by renumbering and changing
Section 11 as follows:
 
    (225 ILCS 515/1.1)  (was 225 ILCS 515/11)
    Sec. 1.1 11. Definitions. As When used in this Act, unless
the context indicates otherwise:
    "Employment The term "employment agency" means any person
engaged for gain or profit in the business of placing,
referring, securing, or attempting to secure employment for
persons seeking employment, or in finding employees for
employers. However, "employment the term "employment agency"
does shall not include any person engaged in the business of
consulting or recruiting, and who in the course of such
business is compensated solely by any employer to identify,
appraise, or recommend an individual or individuals who are at
least 18 years of age or who hold a high school diploma for
consideration for a position, provided that in no instance is
the individual who is identified, appraised, or recommended for
consideration for such position charged a fee directly or
indirectly in connection with such identification, appraisal,
or recommendation, or for preparation of any resume, or on
account of any other personal service performed by the person
engaged in the business of consulting or recruiting; but this
exclusion is not applicable to theatrical employment agencies
or domestic service employment agencies.
    "Employer" The term "employer" means any person employing
or seeking to employ any person for hire.
    "Employee" The term "employee" means any person performing
or seeking to perform work or services of any kind or character
whatsoever for hire.
    "Person" The term "person" means any person, firm,
association, partnership, limited liability company,
association, corporation, or other legal entity or its legal
representatives, agents, or assigns.
    "Employment counselor" means an employee of an employment
agency who interviews, counsels, or advises applicants or
employers or both on employment or allied problems, or who
makes or arranges contracts or contacts between employers and
employees. "Employment counselor" includes an employee who
solicits orders for employees from prospective employers. The
term "employment counsellor" means employees of any employment
agency who interview, counsel, or advise applicants or
employers or both on employment or allied problems, or who make
or arrange contracts or contacts between employers and
employees. The term "employment counsellor" includes employees
who solicit orders for employees from prospective employers.
    "Acceptance" The term "acceptance" means a mutual
agreement, verbal or written, between employee and employer as
to starting salary, position, and time and place of employment.
    "Applicant" The term "applicant" means any person who uses
the services of an employment agency to secure employment for
himself.
    "Department" The term "department" means the Department of
Labor.
    "Director" The term "Director" means the Director of the
Department of Labor.
    "Fee" The term "fee" means money or a promise to pay money.
"Fee" The term "fee" also means and includes the excess of
money received by any such licensee over what he or she has
paid for transportation, transfer of baggage, or lodging, for
any applicant for employment. "Fee" The term "fee" also means
and includes the difference between the amount of money
received by any person, who furnishes employees or performers
for any entertainment, exhibition or performance, and the
amount paid by the person receiving the amount of money to the
employees or performers whom he or she hires to give such
entertainment, exhibition or performance.
    "Privilege" The term "privilege" means and includes the
furnishing of food, supplies, tools, or shelter to contract
laborers, commonly known as commissary privileges.
    "Theatrical The term "theatrical employment agency" means
and includes the business of conducting an agency, bureau,
office or any other place for the purpose of procuring or
offering, promising or attempting to provide engagements for
persons who want employment in the following occupations:
circus, vaudeville, theatrical and other entertainment, or
exhibitions, or performances, or of giving information as to
where such engagements may be procured or provided, whether
such business is conducted in a building, on the street, or
elsewhere.
    "Theatrical The term "theatrical engagement" means and
includes any engagement or employment of a person as an actor,
performer, or entertainer, in a circus, vaudeville, theatrical
or any other entertainment, exhibition, or performance.
    "Emergency The term "emergency engagement" means and
includes any engagement that is to be performed within 24 hours
of the time such application was made by an employer.
    "Domestic The term "domestic service" means household work
in the home of the employer and includes, but is not limited
to, work as a maid, cook, butler, gardener, chauffeur,
housekeeper, or babysitter.
(Source: P.A. 99-422, eff. 1-1-16.)
 
    (225 ILCS 515/1.5)
    Sec. 1.5. Application for license; application fees;
disclosure of fees, charges, and commissions; investigation of
applicants; renewal of license; changes in structure and
management of licensees.
    (a) The applicant for a license shall furnish to the
Department the following:
        (1) An affidavit stating that he has never been a party
    to any fraud, has no jail or prison record, belongs to no
    subversive societies, is of good moral character, has
    business integrity and is financially responsible. In
    determining moral character and qualification for
    licensing, the Department may take into consideration any
    criminal conviction of the applicant, but such a conviction
    shall not operate as a bar to licensing.
        (2) A completed application, on a form provided by the
    Department, that includes the name of the person,
    corporation, or other entity applying for the license; the
    location at which the person intends to conduct business;
    the type of employment services provided; and a disclosure
    of any other pecuniary interests held by the entity
    applying for the license.
        (3) An application fee. The Director shall adopt rules
    to establish a schedule of fees for application for a
    license. The application fee is nonrefundable.
        (4) A schedule of fees, charges, and commissions, which
    the employment agency intends to charge and collect for its
    services, together with a copy of all forms and contracts
    that the agency intends to be used in the operation of the
    agency. Such schedule of fees, charges, and commissions may
    thereafter be changed by filing with the Department an
    amended or supplemental schedule showing such changes at
    least 15 days before such change is to become effective.
    Any change in forms or contracts must be filed with the
    Department of Labor at least 15 days before such change is
    going to become effective. Such schedule of fees to be
    charged shall be posted in a conspicuous place in each room
    of such an agency where applicants are interviewed, in not
    less than 30 point bold-faced type. Agencies which deal
    exclusively with employer paid fees shall not be required
    to post said schedule of fees. The Department may by rule
    require contracts to contain definitions of terms used in
    such contracts to eliminate ambiguity.
    It shall be unlawful for any employment agency to charge,
collect, or receive a greater compensation for any service
performed by it than is specified in the schedule filed with
the Department. It shall be unlawful for any employment agency
to collect or attempt to collect any compensation for any
service not specified in the schedule of fees filed with the
Department.
    (b) Upon the filing of such application and supporting
documentation, the Department shall cause an investigation to
be made as to the character and the business integrity and
financial responsibility of the applicant and those mentioned
in the application, and as to the fitness of the premises to be
used. The application shall be rejected if the Department finds
that any of the persons named in the application fail to
demonstrate good moral character, business integrity and
financial responsibility, if the premises are unfit, or if
there is any good and sufficient reason within the meaning and
purpose of this Act for rejecting such application. Unless the
application shall be rejected for one or more of the causes
specified above, it shall be granted. A detailed report of such
investigation and the action taken thereon shall be made in
writing, signed by the investigator, and become a part of the
official records of the Department. When, at the time of filing
the application, the applicant or any person mentioned in the
application is employed as an employment counselor counsellor
by a licensed employment agency in this State, the Department
shall notify the agency of this fact.
    (c) Once issued, a license may be renewed annually by
furnishing the Department the required application fee, a
letter from a surety stating that a sufficient bond is in
force, and other documents necessary to complete the renewal.
Failure to renew a license at its expiration date shall cause
the license to lapse and it may only be reinstated by a new
application.
    (d) No license shall be transferrable, but a licensee may,
with the approval of the Department, make changes in the
structure of the business entity operating the agency, but no
licensee shall permit any person not mentioned in the original
application for a license to become a partner if such agency is
a partnership, or an officer of the corporation if such agency
is a corporation, unless the written consent of the Department
of Labor shall first be obtained. Such consent may be withheld
for any reason for which an original application might have
been rejected, if the person in question had been mentioned
therein. No such change shall be permitted until the written
consent of the surety or sureties on the bond required to be
filed by Section 2 of this Act, to such change, is filed with
the original bond. The Department shall be notified immediately
of any change in the management of the agency so that at all
times the identity of the person charged with the general
management of the agency shall be known by the Department. A
licensee may promote persons within its agency or change the
titles and duties of existing agency personnel, other than the
general manager, without notice to the Department.
(Source: P.A. 99-422, eff. 1-1-16.)
 
    (225 ILCS 515/4)  (from Ch. 111, par. 904)
    Sec. 4. It shall be unlawful for any person to act as an
employment counselor counsellor, or to advertise, or assume to
act as an employment counselor counsellor, without first
obtaining a license as such employment counselor counsellor,
from the Department of Labor. It shall be unlawful for any
person to engage in, operate or carry on the business of an
employment agency unless each employee of such agency, who
furnishes information to any person as to where employees or
employment may be obtained or found, is a licensed employment
counselor counsellor. Where the license to conduct an
employment agency is issued to a corporation and any officer of
the corporation performs any function defined as those to be
performed by an employment counselor counsellor, he shall be
considered an employee of the corporation and shall be required
to secure a license as an employment counselor counsellor.
    Every person who desires to obtain a license, as employment
counselor counsellor, shall apply therefor to the Department of
Labor, in writing, upon application blanks prepared and
furnished by the Department of Labor. Each applicant shall set
out in said application blanks such information as the
Department may require, and said applications shall be
accompanied by a permit fee of $50 and the affidavits of two
persons of business or professional integrity. Such affiants
shall state that they have known the applicant for a period of
two years and that the applicant is a person of good moral
character.
    The Department shall issue to such person a temporary
permit to act as an employment counselor counsellor which
permit shall be valid for 90 days pending examination of such
person when:
    (a) the applicant is employed by an employment agency, and
the application states the name and address of such employment
agency; and
    (b) the applicant declares under oath his intention that he
will complete the examination for the employment agency
counselor's counsellor's license on a date scheduled for such
examination by the Department of Labor within 60 days of the
date of application.
    Commencing January 1, 1974 the Department shall not issue a
license to act as an employment counselor counsellor to any
person not previously licensed as such employment counselor
counsellor on such date unless he has taken and successfully
completed a written examination based upon this Act. The
Department of Labor shall conduct such examination at such
times and places as it shall determine, but not less than once
each month. The examination shall test the applicant's
knowledge of the employment agency law, pertinent labor laws
and laws against discrimination in employment. Upon successful
completion of the written examination and providing the
requirements of this Section are met, the Department shall
issue a license to act as an employment counselor counsellor
and no additional licensing fee shall be required.
    In the event of failure to appear for the examination as
scheduled or if the applicant appears and fails to pass, such
person shall pay a fee of $10 for rescheduling at a later date.
No person may be rescheduled for examination more than twice in
any calendar year except in the event that he has failed to
appear for examination and such failure to appear was not
willful but was the result of illness of the applicant or a
member of his immediate family or of some other emergency.
    The Department of Labor may require such other proof as to
the honesty, truthfulness and integrity of the applicant, as
may be deemed necessary and desirable. If the applicant is
shown to be honest, truthful and of known integrity, and has
successfully completed the written examination required under
this Section, the Department of Labor shall issue a license,
which license shall set out the true name and address of the
applicant, the name of the Employment agency by whom he is
employed, and such additional information as the Department may
prescribe. The license issued shall authorize the person named
therein to act as an employment counselor counsellor. Such
license may be renewed at the end of each year by the payment
of a renewal fee of $25.
    The applicant must furnish satisfactory proof to the
Department that he has never been a party to any fraud, has no
jail record, belongs to no subversive societies and is of good
moral character and business integrity.
    In determining honesty, truthfulness, integrity, moral
character and business integrity under this Section, the
Department may take into consideration any felony conviction of
the applicant, but such a conviction shall not operate as a bar
to licensing.
    The license of the employment counselor counsellor shall be
mailed to the employment agency by which he is employed, and
shall be kept in the office of such agency and produced for
inspection by any agent of the Department of Labor, at any time
during business hours.
    The Department of Labor, upon its own motion, or upon the
filing of a verified complaint with the department, by any
person, accompanied by such evidence, documentary or
otherwise, as makes out a prima facie case that the licensee is
unworthy to hold a license, shall notify the employment
counselor counsellor in writing that the question of his
honesty, truthfulness, integrity, moral character, business
integrity or felony conviction is to be reopened and
determined, de novo. This notice shall be served by delivering
a copy to the licensed person, or by mailing a copy to him, by
registered mail, at his last known business address. Thereupon,
the Department of Labor shall require further proof of the
licensee's honesty, truthfulness, integrity, moral character
and business integrity, and if the proof is not satisfactory to
the Department of Labor, it shall revoke his license.
    If any employment counselor counsellor is discharged or
terminates his employment with the agency by which he is
employed, such agency shall immediately deliver, or forward by
mail, the employment counselor's counsellor's license, to the
Department of Labor, together with the reasons for his
discharge, if he was discharged. Failure to state that the
employment counselor counsellor was discharged will be
conclusively presumed to indicate that he terminated his
services voluntarily. Thereafter, it shall be unlawful for the
employment counselor counsellor to exercise any rights or
privileges under such license, unless the Department of Labor
transfers his license to another employment agency.
    Each employment counselor counsellor shall notify the
Department of Labor of any change in his residence address.
Failure to give such notice shall automatically work a
revocation of his license.
    The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
    Any person who violates any provisions of this section or
who testifies falsely as to any matter required by the
provisions of this section or of this Act, is guilty of a Class
B misdemeanor.
(Source: P.A. 97-813, eff. 7-13-12.)
 
    (225 ILCS 515/5)  (from Ch. 111, par. 905)
    Sec. 5. No such licensee shall charge a registration fee
without having first obtained a permit to charge such
registration fee from the Department of Labor. Any such
licensee desiring to charge a registration fee shall make
application in writing to the Department of Labor, and shall
set out in the application the type of applicants from whom
they intend to accept a registration fee, the amount of the fee
to be charged, and shall furnish any other information on the
subject that the Department of Labor may deem necessary to
enable it to determine whether the agency's business methods
and past record entitle the agency to a permit.
    It is the duty of the Department of Labor to make an
investigation, upon receipt of the application, as to the
truthfulness of the application and the necessity of the charge
of a registration fee; and if it is shown that the agency's
method of doing business is of such a nature that a permit to
charge a registration fee is necessary, and that the agency's
record has been reasonable and fair, then the Department of
Labor shall grant a permit to such agency. Such permit shall
remain in force until revoked for cause. No permit shall be
granted until after 10 days from the date of filing of the
application.
    When a permit is granted, such licensed person may charge a
registration fee not to exceed $4. In all such cases a complete
record of all such registration fees and references of
applicants shall be kept on file, which record shall, during
all business hours, be open for the inspection of the
Department of Labor. It is the duty of such licensee to
communicate in writing with at least 2 of the persons mentioned
as reference by every applicant from whom a registration fee is
accepted. Failure on the part of a licensee to make such
investigation shall be deemed cause to revoke the permit to
charge a registration fee. For such registration fee a receipt
shall be given to the applicant for employees or employment,
and shall state therein the name of such applicant, date and
amount of payment, the character of position or employee
applied for, and the name and address of such agency. If no
position has been furnished by the licensed agency to the
applicant, then the registration fee shall be returned to the
applicant on demand after 30 days and within 6 months from the
date of receipt thereof, less the amount that has been actually
expended by the licensee in checking the references of the
applicant, and an itemized account of such expenditures shall
be presented to the applicant on request at the time of
returning the unused portion of such registration fee.
    Any such permit granted by the Department of Labor may be
revoked by it upon due notice to the holder of said permit and
due cause shown and hearing thereon.
    No such licensee shall, as a condition to registering or
obtaining employment for such applicant, require such
applicant to subscribe to any publication or to any postal card
service, or advertisement, or exact any other fees,
compensation or reward, (except that in the case of applicants
for positions paying salaries of $5,000 or more per annum,
where the agency has secured from the Department of Labor a
permit to furnish a letter service in accordance with
regulations of the department governing the furnishing of such
service, a special fee not to exceed $250, to be credited on
the fee charged for any placement resulting from such letter
service, may be charged for furnishing such letter service)
other than the aforesaid registration fee and a further fee,
called a placement fee, the amount of which shall be agreed
upon between such applicant and such licensee to be payable at
such time as may be agreed upon in writing. The employment
agency shall furnish to each applicant a copy of any contract
or any form he signs with the agency regarding the method of
payment of the placement or employment service fee. Such
contract or form shall contain the name and address of such
agency, and such other information as the Department of Labor
may deem proper. The contract or form or copy thereof furnished
the applicant must state immediately above, below or close to
the place provided for the signature of the applicant that he
has received a copy of the contract or form and his signature
shall acknowledge receipt thereof. The placement or employment
service fee shall not be received by such licensee before the
applicant has accepted a position tendered by the employer. A
copy of each contract or other form to which the applicant
becomes a party with the licensee shall be given to the
applicant by the licensee at the time of executing such
contract or document and on any such form on which the word
acceptance appears, and such contract or other form shall have
the definition of acceptance as defined by this Act printed in
not less than 10 point type immediately following the word
acceptance. In the event the position so tendered is not
accepted by or given to such applicant, the licensee shall
refund all fees paid other than the registration fee and
special fee aforesaid, within 3 days of demand therefor. The
fee charged for placing an applicant in domestic service shall
be a single fee for each placement and shall be based upon the
applicant's compensation or salary for a period not to exceed
one year.
    No such licensee shall send out any applicant for
employment unless the licensee has a bona fide job order for
such employment and the job order is valid in accordance with
the renewal requirements of Section 3 of this Act. If no
position of the kind applied for was open at the place where
the applicant was directed, then the licensee shall refund to
such applicant on demand any sum paid or expended by the
applicant for transportation in going to and returning from the
place, and all fees paid by the applicant. However, in the
event a substitute position is taken, the fee to be charged
shall be computed on the salary agreed upon for such position.
    In addition to the receipt herein provided to be given for
a registration fee, it shall be the duty of such licensee to
give to every applicant for employment or employees from whom
other fee, or fees shall be received, an additional receipt in
which shall be stated the name of the applicant, the amount
paid and the date of payment. All such receipts shall be in
duplicate, numbered consecutively, shall contain the name and
address of such agency, and such other information as the
Department of Labor may deem proper. The duplicate receipt
shall be kept on file in the agency for at least one year.
    Every such licensee shall give to every applicant, who is
sent out for a job or for an interview with a prospective
employer, a card or printed paper or letter of introduction
which shall be called a "referral slip" containing the name of
the applicant, the name and address of the employer to whom the
applicant is sent for employment, the name and address of the
agency, the name of the person referring the applicant, and the
probable duration of the work, whether temporary or permanent.
The referral slip shall contain a blank space in which the
employment counselor counsellor shall insert and specify in a
prominent and legible manner whether the employment service fee
is to be paid by the applicant or by the employer, or in the
case of a split-fee, the percentage of the fee to be paid by
the applicant and the percentage of the fee to be paid by the
employer, or shall state whether the fee is to be negotiable
between the employer and the employee. A duplicate of all such
referral slips shall be kept on file in the agency for a period
of one year. In the event that the applicant is referred to a
job or to a prospective employer by telephone or telegraph, the
referral slip shall be mailed to the applicant and to the
prospective employer before the close of the business day on
which the telephoned or telegraphed referral was given. No
person shall be sent out for a job or to interview a
prospective employer unless he has been personally interviewed
by the agency or has corresponded with the agency with the
purpose of securing employment.
    If the employer pays the fee, and the employee fails to
remain in the position for a period of 30 days, such licensee
shall refund to the employer all fees, less an amount equal to
25% of the total salary or wages paid such employee during the
period of such employment, within 3 days after the licensed
person has been notified of the employee's failure to remain in
the employment, provided such 25% does not exceed the amount
charged for a permanent position of like nature.
    If the employee pays the fee and is discharged at any time
within 30 days for any reason other than intoxication,
dishonesty, unexcused tardiness, unexcused absenteeism or
insubordination, or otherwise fails to remain in the position
for a period of 30 days, through thru no fault of his own, such
licensee shall refund to the employee all fees less an amount
equal to 25% of the total salary or wages paid such employee
during the period of such employment within 3 days of the time
such licensee has been notified of the employee's failure to
remain in the employment, provided the 25% does not exceed the
charge for a permanent position of like nature. All refunds
shall be in cash or negotiable check.
    If the employee has promised his prospective employer to
report to work at a definite time and place and then fails to
report to work, such circumstances shall be considered prima
facie evidence that the employee has accepted the employment
offered.
    Where a dispute concerning a fee exists, the department may
conduct a hearing to determine all facts concerning the dispute
and shall after such hearing make such recommendations
concerning such dispute as shall be reasonable.
    Every such licensee shall post in a conspicuous place in
the main room of the agency sections of this Act as required by
the Department of Labor, to be supplied by the Department of
Labor, and shall also post his license in the main room of the
agency.
    Every such licensee shall furnish the Department of Labor,
under rules to be prescribed by such Department, annual
statements showing the number and character of placements made.
(Source: P.A. 97-813, eff. 7-13-12.)
 
    (225 ILCS 515/13 rep.)
    Section 10. The Private Employment Agency Act is amended by
repealing Section 13.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/22/2017