SB1978ham001 100TH GENERAL ASSEMBLY

Rep. Lawrence Walsh, Jr.

Filed: 5/24/2017

10000SB1978ham001 LRB100 07374 KTG 26855 a

AMENDMENT TO SENATE BILL 1978

AMENDMENT NO. ______. Amend Senate Bill 1978 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Employee Misclassification Referral System Act.

Section 5. Employee misclassification referral system. The 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 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.

Section 10. 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.

Section 15. Rulemaking. The Department of Labor may adopt rules to implement the requirements of this Act.

Section 30. The Home Health, Home Services, and Home Nursing Agency Licensing Act is amended by changing Section 8 as follows:

(210 ILCS 55/8) (from Ch. 111 1/2, par. 2808)

Sec. 8. An application for a license may be denied for any of the following reasons:

(a) failure to meet the minimum standards prescribed by the Department pursuant to Section 6;

(b) satisfactory evidence that the moral character of the applicant 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 bar to licensing;

(c) lack of personnel qualified by training and experience to properly perform the function of a home health agency;

(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 Act and the minimum standards, rules and regulations promulgated thereunder; or .

(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 Act.

(Source: P.A. 94-379, eff. 1-1-06.)".