Rep. Lawrence Walsh, Jr.
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AMENDMENT TO SENATE BILL 1978
AMENDMENT NO. ______. Amend Senate Bill 1978 by replacing
everything after the enacting clause with the following:
This Act may be cited as the
Employee Misclassification Referral System Act.
Employee misclassification referral system.
Department of Labor shall create an online employee
misclassification referral system on its website. The employee
misclassification referral system shall use one form that
contains all the necessary information required for employee
misclassification complaints to the Department of Employment
Security, the Illinois Workers' Compensation Commission, the
Department of Revenue, and the Department of Labor. The
employee misclassification referral system shall refer
complaints to the appropriate agency or agencies based on the
information supplied by the individual, agency, or business
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making the complaint.
Upon completion of an investigation that was instigated due
to a referral through the employee misclassification referral
system, the agency, except for the Department of Employment
Security, shall report back to the Department of Labor whether
a misclassification of employees has occurred. That result
shall be shared with the individual, agency, or business that
filed the complaint and the results shall be maintained in the
employee misclassification referral system and available for
review by any agency that regulates or licenses the employer
that was the subject of the investigation.
The Department of Labor website shall also include links
for the filing of complaints with the Internal Revenue Service
and the Social Security Administration.
Agency website information.
The Department of
Employment Security, the Illinois Workers' Compensation
Commission, the Department of Revenue, the Department of Labor,
and any other agency that regulates or licenses businesses
shall put on its website, in a relevant and conspicuous place,
a description provided by the Department of Labor and a link to
the employee misclassification referral system.
Agency staff, upon hearing a complaint of employee
misclassification, shall direct the person making the
complaint to the employee misclassification referral system or
may make the complaint on behalf of that person.
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The Department of Labor may adopt
rules to implement the requirements of this Act.
The Home Health, Home Services, and Home
Nursing Agency Licensing Act is amended by changing Section 8
(210 ILCS 55/8)
(from Ch. 111 1/2, par. 2808)
An application for a license may be denied for any
(a) failure to meet the minimum standards prescribed by
Department pursuant to Section 6;
(b) satisfactory evidence that the moral character of
or supervisor of the agency is not reputable.
In determining moral
character, the Department may take
into consideration any convictions of
the applicant or
supervisor but such convictions shall not operate as a
(c) lack of personnel qualified by training and
properly perform the function of a home
(d) insufficient financial or other resources to
operate and conduct
a home health, home services, or home
nursing agency in accordance with the requirements of this
the minimum standards, rules and regulations
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(e) a finding from the Department of Employment
Security of a violation of Section 1400 or 1400.2 of the
Unemployment Insurance Act or a finding from the Illinois
Workers' Compensation Commission of a violation of
subsection (d) of Section 4 of the Workers' Compensation
(Source: P.A. 94-379, eff. 1-1-06.)".