Bill Text: IL SB1978 | 2017-2018 | 100th General Assembly | Chaptered
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: (Passed) 2017-09-22 - Public Act . . . . . . . . . 100-0536 [SB1978 Detail]
Download: Illinois-2017-SB1978-Chaptered.html
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Public Act 100-0536 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Employee Misclassification Referral System Act.
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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 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 |
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.
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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 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.
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Section 15. Rulemaking. The Department of Labor may adopt | ||
rules to implement the requirements of this Act.
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Section 30. The Home Health, Home Services, and Home | ||
Nursing Agency Licensing Act is amended by changing Section 8 | ||
as follows:
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(210 ILCS 55/8) (from Ch. 111 1/2, par. 2808)
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Sec. 8. An application for a license may be denied for any | ||
of the
following reasons:
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(a) failure to meet the minimum standards prescribed by | ||
the
Department pursuant to Section 6;
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(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;
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(c) lack of personnel qualified by training and | ||
experience to
properly perform the function of a home | ||
health agency;
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(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 .
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(e) a final determination, that includes exhaustion of | ||
all available appeal and administrative review rights, of a |
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.)
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