Bill Text: IL HB0923 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Prevailing Wage Act. Makes a technical change in a Section concerning construction of the Act.
Spectrum: Partisan Bill (Democrat 24-1)
Status: (Passed) 2013-07-23 - Public Act . . . . . . . . . 98-0105 [HB0923 Detail]
Download: Illinois-2013-HB0923-Amended.html
Bill Title: Amends the Prevailing Wage Act. Makes a technical change in a Section concerning construction of the Act.
Spectrum: Partisan Bill (Democrat 24-1)
Status: (Passed) 2013-07-23 - Public Act . . . . . . . . . 98-0105 [HB0923 Detail]
Download: Illinois-2013-HB0923-Amended.html
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1 | AMENDMENT TO HOUSE BILL 923
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2 | AMENDMENT NO. ______. Amend House Bill 923 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Employee Classification Act is amended by | ||||||
5 | adding Section 43 as follows:
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6 | (820 ILCS 185/43 new) | ||||||
7 | Sec. 43. Reporting requirements. | ||||||
8 | (a) Any contractor for which either an individual, sole | ||||||
9 | proprietor, or partnership is performing construction services | ||||||
10 | shall report all payments made to that individual, sole | ||||||
11 | proprietor, or partnership if the recipient of payment is not | ||||||
12 | classified as an employee. The report shall be submitted to the | ||||||
13 | Illinois Department of Labor annually on or before January 31 | ||||||
14 | following the taxable year in which the payment was made. The | ||||||
15 | report must include: | ||||||
16 | (1) the contractor name, address, and business |
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1 | identification number; | ||||||
2 | (2) the individual, sole proprietor, or partnership | ||||||
3 | name, address, and federal employer identification number; | ||||||
4 | (3) the total amount the contractor paid to the | ||||||
5 | individual, sole proprietor, or partnership performing | ||||||
6 | services in the taxable year, including payments for | ||||||
7 | services and for any materials and equipment that was | ||||||
8 | provided along with the services; and | ||||||
9 | (4) any other information the Department of Labor may | ||||||
10 | require by rule. | ||||||
11 | (b) The Department may share the report, upon request, with | ||||||
12 | any other local, State, or federal governmental agency. | ||||||
13 | (c) Except as provided in subsection (b), reports filed | ||||||
14 | under this Section are confidential and exempt from public | ||||||
15 | disclosure other than to employees in performance of their | ||||||
16 | official duties. However, the name of the reporting contractor | ||||||
17 | and the name of the individual, sole proprietor, or partnership | ||||||
18 | performing construction services shall be disclosed upon | ||||||
19 | request by the general public under the Freedom of Information | ||||||
20 | Act. | ||||||
21 | (d) If the Department, upon investigation, finds that a | ||||||
22 | contractor has failed to file a report or has filed an | ||||||
23 | incomplete report in violation of this Section, the Department | ||||||
24 | shall notify the contractor, in writing, of its finding and | ||||||
25 | assess a civil penalty as provided in Section 40. The matter | ||||||
26 | shall be referred to an Administrative Law Judge to schedule a |
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1 | formal hearing in accordance with the Illinois Administrative | ||||||
2 | Procedure Act. | ||||||
3 | (e) The contractor has 14 calendar days from the date of | ||||||
4 | receipt of the Department's finding to answer the allegations | ||||||
5 | contained in the Department's finding. If an employer fails to | ||||||
6 | answer or fails to answer all allegations contained in the | ||||||
7 | Department's finding, any unanswered allegations and findings | ||||||
8 | shall be deemed to be admitted to be true and shall be so found | ||||||
9 | in the final decision of the Administrative Law Judge. | ||||||
10 | (f) A final decision of an Administrative Law Judge issued | ||||||
11 | pursuant to this Section is subject to the provisions of the | ||||||
12 | Administrative Review Law and shall be enforceable in an action | ||||||
13 | brought in the name of the people of the State of Illinois by | ||||||
14 | the Attorney General. | ||||||
15 | (g) The Department shall have the authority to adopt | ||||||
16 | reasonable rules for implementation of this Section and the | ||||||
17 | hearing process. The General Assembly finds that the adoption | ||||||
18 | of rules to implement this Section is deemed an emergency and | ||||||
19 | necessary for the public interest and welfare. | ||||||
20 | (h) A violation of this Section shall subject the violator | ||||||
21 | to debarment pursuant to Section 42. ".
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