Bill Text: IL HB0923 | 2013-2014 | 98th General Assembly | Enrolled
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-Enrolled.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-Enrolled.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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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 | ||||||
17 | identification number; | ||||||
18 | (2) the individual, sole proprietor, or partnership | ||||||
19 | name, address, and federal employer identification number; | ||||||
20 | and | ||||||
21 | (3) the total amount the contractor paid to the | ||||||
22 | individual, sole proprietor, or partnership performing | ||||||
23 | services in the taxable year, including payments for |
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1 | services and for any materials and equipment that was | ||||||
2 | provided along with the services. | ||||||
3 | (b) Reports filed under this Section are confidential and | ||||||
4 | exempt from public disclosure other than to employees in | ||||||
5 | performance of their official duties. However, the name of the | ||||||
6 | reporting contractor and the name of the individual, sole | ||||||
7 | proprietor, or partnership performing construction services | ||||||
8 | shall be disclosed upon request by the general public under the | ||||||
9 | Freedom of Information Act. | ||||||
10 | (c) If the Department, upon investigation, finds that a | ||||||
11 | contractor has failed to file a report or has filed an | ||||||
12 | incomplete report in violation of this Section, the Department | ||||||
13 | shall notify the contractor, in writing, of its finding and | ||||||
14 | assess a civil penalty as provided in Section 40. The matter | ||||||
15 | shall be referred to an Administrative Law Judge to schedule a | ||||||
16 | formal hearing in accordance with the Illinois Administrative | ||||||
17 | Procedure Act. | ||||||
18 | (d) A final decision of an Administrative Law Judge issued | ||||||
19 | pursuant to this Section is subject to the provisions of the | ||||||
20 | Administrative Review Law and shall be enforceable in an action | ||||||
21 | brought in the name of the people of the State of Illinois by | ||||||
22 | the Attorney General. | ||||||
23 | (e) The Department shall have the authority to adopt | ||||||
24 | reasonable rules for implementation of this Section and the | ||||||
25 | hearing process. The General Assembly finds that the adoption | ||||||
26 | of rules to implement this Section is deemed an emergency and |
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