Rep. Lawrence Walsh, Jr.

Filed: 5/24/2017





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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, agency, or business



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1making the complaint.
2    Upon completion of an investigation that was instigated due
3to a referral through the employee misclassification referral
4system, the agency, except for the Department of Employment
5Security, shall report back to the Department of Labor whether
6a misclassification of employees has occurred. That result
7shall be shared with the individual, agency, or business that
8filed the complaint and the results shall be maintained in the
9employee misclassification referral system and available for
10review by any agency that regulates or licenses the employer
11that was the subject of the investigation.
12    The Department of Labor website shall also include links
13for the filing of complaints with the Internal Revenue Service
14and the Social Security Administration.
15    Section 10. Agency website information. The Department of
16Employment Security, the Illinois Workers' Compensation
17Commission, the Department of Revenue, the Department of Labor,
18and any other agency that regulates or licenses businesses
19shall put on its website, in a relevant and conspicuous place,
20a description provided by the Department of Labor and a link to
21the employee misclassification referral system.
22    Agency staff, upon hearing a complaint of employee
23misclassification, shall direct the person making the
24complaint to the employee misclassification referral system or
25may make the complaint on behalf of that person.



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



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1    promulgated thereunder; or .
2        (e) a finding from the Department of Employment
3    Security of a violation of Section 1400 or 1400.2 of the
4    Unemployment Insurance Act or a finding from the Illinois
5    Workers' Compensation Commission of a violation of
6    subsection (d) of Section 4 of the Workers' Compensation
7    Act.
8(Source: P.A. 94-379, eff. 1-1-06.)".