Full Text of SB1978 100th General Assembly
SB1978enr 100TH GENERAL ASSEMBLY
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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 making the complaint.
Anonymous and third-party complaints shall not be accepted by
the employee misclassification referral system.
Upon completion of an investigation that was initiated
through the employee misclassification referral system, the
investigating agency, except for the Department of Employment
Security, shall report to the Department of Labor any
determination of an employee misclassification. That result
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shall be shared with the employer and the individual who filed
the complaint. The Department of Labor shall also maintain in
the employee misclassification referral system, and make
accessible for review by any agency that regulates or licenses
the employer that was the subject of the investigation, the
results of a determination of employee misclassification and
all appeals and administrative reviews.
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 of the purpose of the employee misclassification
referral system provided by the Department of Labor and a link
to the employee misclassification referral system.
An agency, upon receiving a complaint of employee
misclassification, shall direct the individual making the
complaint to the employee misclassification referral system or
may make the complaint on behalf of that individual.
The Department of Labor may adopt
rules to implement the requirements of this Act.
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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
(e) a final determination, that includes exhaustion of
all available appeal and administrative review rights, of a
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violation of Section 1400 or 1400.2 of the Unemployment
Insurance Act or subsection (d) of Section 4 of the
Workers' Compensation Act.
(Source: P.A. 94-379, eff. 1-1-06.)