Bill Text: IL SB1978 | 2017-2018 | 100th General Assembly | Enrolled

Bill Title: Creates the Home Care Consumer and Worker Protection Act. Provides that an individual performing services for a private home care provider (a home services agency, home nursing agency, or internet-based business that arranges for home care services) is presumed to be an employee unless specified conditions exist; however, a sole proprietor or partnership performing services is not considered an employee of the agency or private party upon a showing that it is a legitimate subcontractor. Makes it a violation of the Act for a private home care provider not to designate an individual as an employee unless the private home care provider complies with specified provisions. Provides that an interested party may file a complaint online through the website of the Department of Labor against a private home care provider if there is a reasonable belief that the employer is in violation of the Act. Provides that the Department shall enforce the Act and may conduct investigations, obtain documentation, and subpoena books, records, and witnesses to conduct its investigations. Prohibits discharge or other retaliation for exercising rights under the Act. Contains provisions concerning violations, penalties, private rights of action, referrals, rulemaking, and other matters. Provides that moneys received by the Department under the Act shall be deposited into the Home Care Consumer and Worker Protection Fund and amends the State Finance Act to include it as a special fund in the State treasury.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Enrolled) 2017-07-01 - Passed Both Houses [SB1978 Detail]

Download: Illinois-2017-SB1978-Enrolled.html

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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Employee Misclassification Referral System Act.
6 Section 5. Employee misclassification referral system. The
7Department of Labor shall create an online employee
8misclassification referral system on its website. The employee
9misclassification referral system shall use one form that
10contains all the necessary information required for employee
11misclassification complaints to the Department of Employment
12Security, the Illinois Workers' Compensation Commission, the
13Department of Revenue, and the Department of Labor. The
14employee misclassification referral system shall refer
15complaints to the appropriate agency or agencies based on the
16information supplied by the individual making the complaint.
17Anonymous and third-party complaints shall not be accepted by
18the employee misclassification referral system.
19 Upon completion of an investigation that was initiated
20through the employee misclassification referral system, the
21investigating agency, except for the Department of Employment
22Security, shall report to the Department of Labor any
23determination of an employee misclassification. That result

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1shall be shared with the employer and the individual who filed
2the complaint. The Department of Labor shall also maintain in
3the employee misclassification referral system, and make
4accessible for review by any agency that regulates or licenses
5the employer that was the subject of the investigation, the
6results of a determination of employee misclassification and
7all appeals and administrative reviews.
8 The Department of Labor website shall also include links
9for the filing of complaints with the Internal Revenue Service
10and the Social Security Administration.
11 Section 10. Agency website information. The Department of
12Employment Security, the Illinois Workers' Compensation
13Commission, the Department of Revenue, the Department of Labor,
14and any other agency that regulates or licenses businesses
15shall put on its website, in a relevant and conspicuous place,
16a description of the purpose of the employee misclassification
17referral system provided by the Department of Labor and a link
18to the employee misclassification referral system.
19 An agency, upon receiving a complaint of employee
20misclassification, shall direct the individual making the
21complaint to the employee misclassification referral system or
22may make the complaint on behalf of that individual.
23 Section 15. Rulemaking. The Department of Labor may adopt
24rules to implement the requirements of this Act.

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1 Section 30. The Home Health, Home Services, and Home
2Nursing Agency Licensing Act is amended by changing Section 8
3as follows:
4 (210 ILCS 55/8) (from Ch. 111 1/2, par. 2808)
5 Sec. 8. An application for a license may be denied for any
6of the following reasons:
7 (a) failure to meet the minimum standards prescribed by
8 the Department pursuant to Section 6;
9 (b) satisfactory evidence that the moral character of
10 the applicant or supervisor of the agency is not reputable.
11 In determining moral character, the Department may take
12 into consideration any convictions of the applicant or
13 supervisor but such convictions shall not operate as a bar
14 to licensing;
15 (c) lack of personnel qualified by training and
16 experience to properly perform the function of a home
17 health agency;
18 (d) insufficient financial or other resources to
19 operate and conduct a home health, home services, or home
20 nursing agency in accordance with the requirements of this
21 Act and the minimum standards, rules and regulations
22 promulgated thereunder; or .
23 (e) a final determination, that includes exhaustion of
24 all available appeal and administrative review rights, of a

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1 violation of Section 1400 or 1400.2 of the Unemployment
2 Insurance Act or subsection (d) of Section 4 of the
3 Workers' Compensation Act.
4(Source: P.A. 94-379, eff. 1-1-06.)