Illinois General Assembly - Bill Status for SB0797

Deletes everything after the enacting clause. Creates the Truth in Employment Act. Requires a construction contractor for whom a person is performing work and is classified as an independent contractor with respect to that work to file a statement with the Department of Revenue once each year, and provides for penalties for late filing. Sets forth the required contents of the statement. Requires a summary of the requirements of the Act to be posted by the Department on its web site and its offices and by contractors on job sites. Provides for the Department of Revenue to conduct investigations if a report is not timely filed or if the Department finds that there is reason to suspect that a contractor has misclassified any employees as independent contractors, and provides that the Department shall hire investigators. Provides that contractors who misclassify any employees as independent contractors on a construction project are subject to specified penalties under the new Act and the Illinois Income Tax Act, including criminal penalties under the new Act to be prosecuted by the Attorney General or the appropriate State's Attorney. Authorizes the Department to adopt rules. Provides for judicial review under the Administrative Review Law. Amends the State Finance Act to create the Truth in Employment Fund and provides that moneys collected under the Act shall be deposited into the Fund and used by the Department, subject to appropriation, to administer and enforce the Act, and that moneys in the Fund at the end of a fiscal year in excess of a $1,000,000 reserve shall be transferred to the General Revenue Fund. Provides that there shall be no waiver of the Act and imposes criminal penalties for inducing any individual to waive any provision of the Act. Amends the Department of Employment Security Law and the the Workers' Compensation Act to require cooperation with the Department of Revenue. Amends the Illinois Income Tax Act to require the Director of Revenue to make information available to the Attorney General or appropriate State's Attorney. Contains a severability clause.

Amends the Prevailing Wage Act. Provides that 40% of the civil penalties recovered under the Act shall be deposited into the Child Labor, Day and Temporary Labor Services, and Prevailing Wage Enforcement Fund. Amends the Child Labor Law and the State Finance Act to change the name of the Fund and to provide that moneys in the Fund may be used for activities or purposes related to the enforcement of the Child Labor Law, the Day and Temporary Labor Services Act, or the Prevailing Wage Act.

Provides that the contractor's statement shall be filed no later than 3 days after the first date (rather than on the first date) of the calendar year on which the worker performs work for the contractor. Provides for notice, protest, and hearings. Provides that moneys in the Truth in Employment Fund at the end of a fiscal year in excess of those moneys necessary for the Department to carry out its powers and duties under this Act (rather than in excess of $1,000,000) shall be transferred to the General Revenue Fund.

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