HB5161 95TH GENERAL ASSEMBLY

LRB095 19627 WGH 45967 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5161

Introduced , by Rep. Timothy L. Schmitz

SYNOPSIS AS INTRODUCED:

20 ILCS 1505/1505-130 new

Amends the Department of Labor Law of the Civil Administrative Code of Illinois. Provides that an Illinois employer may request a written, legally binding private letter ruling from the Department of Labor regarding any law under the jurisdiction of the Department, that private letter rulings are issued by the Department in response to specific employer inquiries concerning the application of a statute or rule to a particular fact situation, and that private letter rulings are binding on the Department only as to the employer who is the subject of the request for ruling. Contains provision regarding: submission of requests; contents of requests; parties entitled to make requests; issuance of private letter rulings; effect of private letter rulings; uses of private letter rulings; and other matters.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Labor Law of the Civil Administrative Code of Illinois is amended by adding Section 1505-130 as follows:

(20 ILCS 1505/1505-130 new)

Sec. 1505-130. Private letter rulings.

(a) An Illinois employer may request a written, legally binding private letter ruling from the Department regarding any law under the jurisdiction of the Department. Private letter rulings are issued by the Department in response to specific employer inquiries concerning the application of a statute or rule to a particular fact situation. Private letter rulings are binding on the Department only as to the employer who is the subject of the request for ruling.

(1) A request for a private letter ruling must be made by, or on behalf of, an identified employer. A request for a private letter ruling may be made by an employer, or by an employer's representative under a power of attorney from that employer. The Department may not issue private letter rulings to employers' representatives for anonymous or unidentified employers.

(2) Employers must make separate requests for private letter rulings for different statutes under the jurisdiction of the Department.

(3) Private letter rulings may not be issued on hypothetical situations.

(4) Private letter rulings may not be issued to business, trade, or industrial associations or to similar groups concerning the application of labor laws to members of the groups. Members of such groups may submit suggestions of general issues that would be appropriately addressed in information bulletins, or may submit general questions to be addressed by the Department in a general information letter.

(5) A private letter ruling may not be issued if, at the time the ruling is requested, the identical issue is currently being investigated by the Department or is part of pending litigation.

(6) The Department shall respond to all requests for private letter rulings, within 30 days of receipt of the request, either by issuance of a private letter ruling or by a letter explaining that the request will not be honored.

(b) An employer may, in good faith, submit a request for a private letter ruling on a specific law, and during the pendency period (the period between when the request is made and when the private letter ruling is issued) any investigation by the Department that enumerates a specific violation by the employer may be enforced if and only if:

(1) the specific violation was not enumerated by the employer in its request;

(2) the specific violation was enumerated by the employer, but the enumeration was made in bad faith; or

(3) the violation includes back wages or other payment to the worker; however, no fines or penalties may be issued by the Department with regard to that specific violation during that period.

(c) The following information must be included in each request for a private letter ruling:

(1) A complete statement of the facts and other information pertinent to the request. The request must contain a complete statement of all material facts.

(2) An identification of the time period at issue, and disclosure of whether an audit or litigation is pending with the Department.

(3) The signature of the employer or the employer's representative.

(d) The Department shall delete certain information from private letter rulings prior to public dissemination. Deletions shall include the name and address of the employer and employer's representative, and confidential information as specified by employer.

(e) Private letter rulings shall cease to bind the Department if there is a pertinent change in statutory law, case law, rules, or material facts.

(f) Private letter rulings do not impact the rights of an employer to appeal a decision of the Department.

(g) A private letter ruling may serve as a proof as it relates to the determination of insurance premiums.