Public Act 100-0278
 
HB3785 EnrolledLRB100 09651 SMS 19820 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Private Employment Agency Act is amended  by 
changing Sections 1.5, 4, and 5 and  by renumbering and changing 
Section 11 as follows:
 


    (225 ILCS 515/1.1)  (was 225 ILCS 515/11)




    Sec. 1.1 11. Definitions. As When used in this Act, unless 
the context
indicates otherwise:

    "Employment The term "employment agency" means any person 
engaged for gain or profit
in the business of placing, 
referring, securing, or attempting to secure employment for 
persons
seeking employment, or in finding employees for 
employers. However, "employment the term
"employment agency" 
does shall not include any person engaged in the business of 
consulting or recruiting, and who in
the
course of such 
business is
compensated solely by any employer to identify, 
appraise, or
recommend
an
individual or individuals who are at 
least 18 years of age or who hold a high
school diploma for 
consideration for a position, provided that in no
instance is 
the individual who is identified, appraised, or recommended for

consideration for such position charged a fee directly or 
indirectly in
connection with such identification, appraisal, 
or recommendation, or for
preparation of any resume, or on 
account of any other personal service
performed by the person 
engaged in the business of consulting or recruiting; but this 
exclusion is not applicable to
theatrical employment agencies 
or domestic service employment agencies.

    "Employer" The term "employer" means any person employing 
or seeking to employ any
person for hire.

    "Employee" The term "employee" means any person performing 
or seeking to perform
work or services of any kind or character 
whatsoever for hire.

    "Person" The term "person" means any person, firm, 
association, partnership, limited liability company, 
association,
corporation, or other legal entity or its legal 
representatives, agents, or assigns.

    "Employment counselor" means an employee of an employment 
agency
who interviews, counsels, or advises applicants or 
employers or both on
employment or allied problems, or who 
makes or arranges contracts or contacts
between employers and 
employees. "Employment counselor" includes an
employee who 
solicits orders for employees from prospective employers. The 
term "employment counsellor" means employees of any employment 
agency
who interview, counsel, or advise applicants or 
employers or both on
employment or allied problems, or who make 
or arrange contracts or contacts
between employers and 
employees. The term "employment counsellor" includes
employees 
who solicit orders for employees from prospective employers.

    "Acceptance" The term "acceptance" means a mutual 
agreement, verbal or written,
between employee and employer as 
to starting salary, position, and time and
place of employment.

    "Applicant" The term "applicant" means any person who uses 
the services of an
employment agency to secure employment for 
himself.

    "Department" The term "department" means the Department of 
Labor.

    "Director" The term "Director" means the Director of the 
Department of Labor.

    "Fee" The term "fee" means money or a promise to pay money. 
"Fee" The term "fee"
also means and includes the excess of 
money received by any such licensee
over what he or she has 
paid for transportation, transfer of baggage, or lodging,
for 
any applicant for employment. "Fee" The term "fee" also means 
and includes
the difference between the amount of money 
received by any person, who
furnishes employees or performers 
for any entertainment, exhibition or
performance, and the 
amount paid by the person receiving the amount of
money to the 
employees or performers whom he or she hires to give such

entertainment, exhibition or performance.

    "Privilege" The term "privilege" means and includes the 
furnishing of food,
supplies, tools, or shelter to contract 
laborers, commonly known as
commissary privileges.

    "Theatrical The term "theatrical employment agency" means 
and includes the business
of conducting an agency, bureau, 
office or any other place for the purpose
of procuring or 
offering, promising or attempting to provide engagements
for 
persons who want employment in the following occupations: 
circus,
vaudeville, theatrical and other entertainment, or 
exhibitions, or
performances, or of giving information as to 
where such engagements may be
procured or provided, whether 
such business is conducted in a building, on
the street, or 
elsewhere.

    "Theatrical The term "theatrical engagement" means and 
includes any engagement or
employment of a person as an actor, 
performer, or entertainer, in a circus,
vaudeville, theatrical 
or any other entertainment, exhibition, or
performance.

    "Emergency The term "emergency engagement" means and 
includes any engagement that
is to be performed within 24 hours 
of the time such application was made by
an employer.

    "Domestic The term "domestic service" means household work 
in the home of the
employer and includes, but is not limited 
to, work as a maid, cook, butler,
gardener, chauffeur, 
housekeeper, or babysitter.

(Source: P.A. 99-422, eff. 1-1-16.)

 
    (225 ILCS 515/1.5)
    Sec. 1.5. Application for license; application fees; 
disclosure of fees, charges, and commissions; investigation of 
applicants; renewal of license; changes in structure and 
management of licensees.
    (a) The applicant for a license shall furnish to the 
Department the following:
        (1) An affidavit stating that he has never been a party 
    to any fraud, has no jail or prison record, belongs to no 
    subversive societies, is of good moral character, has 
    business integrity and is financially responsible. In 
    determining moral character and qualification for 
    licensing, the Department may take into consideration any 
    criminal conviction of the applicant, but such a conviction 
    shall not operate as a bar to licensing. 
        (2) A completed application, on a form provided by the 
    Department, that includes the name of the person, 
    corporation, or other entity applying for the license; the 
    location at which the person intends to conduct business; 
    the type of employment services provided; and a disclosure 
    of any other pecuniary interests held by the entity 
    applying for the license.
        (3) An application fee.  The Director shall adopt rules 
    to establish a schedule of fees for  application for a 
    license. The application fee is nonrefundable.
        (4) A schedule of fees, charges, and commissions, which 
    the employment agency intends to charge and collect for  its 
    services, together with a copy of all forms and contracts 
    that the agency intends to be used in the operation of the 
    agency.  Such schedule of fees, charges, and commissions may 
    thereafter be changed by filing with the Department an 
    amended or supplemental schedule showing such changes at 
    least 15 days before such change is to become effective. 
    Any change in forms or contracts must be filed with the 
    Department of Labor at least 15 days before such change is 
    going to become effective. Such schedule of fees to be 
    charged shall be posted in a conspicuous place in each room 
    of such an agency where applicants are interviewed, in not 
    less than 30 point bold-faced type.  Agencies which deal 
    exclusively with employer paid fees shall not be required 
    to post said schedule of fees.  The Department may by rule 
    require contracts to contain definitions of terms used in 
    such contracts to eliminate ambiguity.
    It shall be unlawful for any employment agency to charge, 
collect, or receive a greater compensation for any service 
performed by it than is specified in the schedule filed with 
the Department.  It shall be unlawful for any employment agency 
to collect or attempt to collect any compensation for any 
service not specified in the schedule of fees filed with the 
Department.
    (b) Upon the filing of such application and supporting 
documentation, the Department
shall cause an investigation to 
be made as to the character and the  business integrity and 
financial responsibility of the applicant and those mentioned 
in the application, and as to the fitness of the premises to be 
used. The application shall be rejected if the Department finds 
that any of the persons named in the application fail to 
demonstrate good moral character, business integrity and 
financial responsibility, if the premises are unfit, or if 
there is any good and sufficient reason within the meaning and 
purpose of this Act for rejecting such application. Unless the 
application shall be rejected for one or more of the causes 
specified above, it shall be granted. A detailed report of such 
investigation and the action taken thereon shall be made in 
writing, signed by the investigator, and become a part of the 
official records of the Department. When, at the time of filing 
the application, the applicant or any person mentioned in the 
application is employed as an employment counselor counsellor 
by a licensed employment agency in this State, the Department 
shall notify the agency of this fact.
    (c) Once issued, a license may be renewed annually by 
furnishing the Department the required application fee, a 
letter from a surety stating that a sufficient bond is in 
force, and other documents necessary to complete the renewal. 
Failure to renew a license at its expiration date shall cause 
the license to lapse and it may only be reinstated by a new 
application.
    (d) No license shall be transferrable, but a licensee may, 
with the approval of the Department, make changes in the 
structure of the business entity operating the agency, but no 
licensee shall permit any person not mentioned in the original 
application for a license to become a partner if such agency is 
a partnership, or an officer of the corporation if such agency 
is a corporation, unless the written consent of the Department 
of Labor shall first be obtained. Such consent may be withheld 
for any reason for which an original application might have 
been rejected, if the person in question had been mentioned 
therein. No such change shall be permitted until the written 
consent of the surety or sureties on the bond required to be 
filed by Section 2 of this Act, to such change, is filed with 
the original bond. The Department shall be notified immediately 
of any change in the management of the agency so that at all 
times the identity of the person charged with the general 
management of the agency shall be known by the Department. A 
licensee may promote persons within its agency or change the 
titles and duties of existing agency personnel, other than the 
general manager, without notice to the Department.

(Source: P.A. 99-422, eff. 1-1-16.)
 



    (225 ILCS 515/4)  (from Ch. 111, par. 904)



    Sec. 4. 
It shall be unlawful for any person to act as an 
employment counselor
counsellor, or to advertise, or assume to 
act as an employment counselor
counsellor, without first 
obtaining a license as such employment counselor
counsellor, 
from the Department of Labor. It shall be unlawful for any

person to engage in, operate or carry on the business of an 
employment
agency unless each employee of such agency, who 
furnishes information to
any person as to where employees or 
employment may be obtained or found,
is a licensed employment 
counselor counsellor. Where the license to conduct an

employment agency is issued to a corporation and any officer of 
the
corporation performs any function defined as those to be 
performed by an
employment counselor counsellor, he shall be 
considered an employee of the
corporation and shall be required 
to secure a license as an employment counselor
counsellor.

    Every person who desires to obtain a license, as employment

counselor counsellor, shall apply therefor to the Department of 
Labor, in writing,
upon application blanks prepared and 
furnished by the Department of
Labor. Each applicant shall set 
out in said application blanks such
information as the 
Department may require, and said applications shall
be 
accompanied by a permit fee of $50 and the affidavits of two 
persons
of business or professional integrity. Such affiants 
shall state
that they have known the applicant for a period of 
two years and that
the applicant is a person of good moral 
character.

    The Department shall issue to such person a temporary 
permit to act
as an employment counselor counsellor which 
permit shall be valid for 90 days
pending examination of such 
person when:

    (a) the applicant is employed by an employment agency, and 
the
application states the name and address of such employment 
agency; and

    (b) the applicant declares under oath his intention that he 
will
complete the examination for the employment agency 
counselor's counsellor's license
on a date scheduled for such 
examination by the Department of Labor
within 60 days of the 
date of application.

    Commencing January 1, 1974 the Department shall not issue a 
license
to act as an employment counselor counsellor to any 
person not previously licensed
as such employment counselor 
counsellor on such date unless he has taken and
successfully 
completed a written examination based upon this Act. The

Department of Labor shall conduct such examination at such 
times and
places as it shall determine, but not less than once 
each month. The
examination shall test the applicant's 
knowledge of the employment
agency law, pertinent labor laws 
and laws against discrimination in
employment. Upon successful 
completion of the written examination and
providing the 
requirements of this Section are met, the Department shall

issue a license to act as an employment counselor counsellor 
and no additional
licensing fee shall be required.

    In the event of failure to appear for the examination as 
scheduled or
if the applicant appears and fails to pass, such 
person shall pay a fee
of $10 for rescheduling at a later date. 
No person may be rescheduled for
examination more than twice in 
any calendar year except in the event
that he has failed to 
appear for examination and such failure to appear
was not 
willful but was the result of illness of the applicant or a

member of his immediate family or of some other emergency.

    The Department of Labor may require such other proof as to 
the
honesty, truthfulness and integrity of the applicant, as 
may be deemed
necessary and desirable. If the applicant is 
shown to be honest,
truthful and of known integrity, and has 
successfully completed the
written examination required under 
this Section, the Department of Labor
shall issue a license, 
which license shall set out the true name and
address of the 
applicant, the name of the Employment agency by whom he
is 
employed, and such additional information as the Department may 
prescribe.
The license issued shall authorize the person named 
therein to act as an
employment counselor counsellor. Such 
license may be renewed at the end of each year
by the payment 
of a renewal fee of $25.

    The applicant must furnish satisfactory proof to the 
Department that
he has never been a party to any fraud, has no 
jail record, belongs to no
subversive societies and is of good 
moral character and business integrity.

    In determining honesty, truthfulness, integrity, moral 
character
and business integrity under this Section, the 
Department may take into
consideration any felony conviction of 
the applicant, but such a conviction
shall not operate as a bar 
to licensing.

    The license of the employment counselor counsellor shall be 
mailed to the employment
agency by which he is employed, and 
shall be kept in the office of such
agency and produced for 
inspection by any agent of the Department of Labor,
at any time 
during business hours.

    The Department of Labor, upon its own motion, or upon the 
filing of a verified
complaint with the department, by any 
person, accompanied by such evidence,
documentary or 
otherwise, as makes out a prima facie case that the licensee
is 
unworthy to hold a license, shall notify the employment 
counselor counsellor in
writing that the question of his 
honesty, truthfulness,
integrity, moral character, business 
integrity or felony conviction
is to be reopened and 
determined, de novo.  This notice shall be served
by delivering 
a copy to the licensed person, or by mailing a copy to him,
by 
registered mail, at his last known business address. Thereupon, 
the Department
of Labor shall require further proof of the 
licensee's honesty,
truthfulness, integrity, moral character 
and business integrity,
and if the proof is not satisfactory to 
the Department of Labor, it shall
revoke his license.

    If any employment counselor counsellor is discharged or 
terminates his employment
with the agency by which he is 
employed, such agency shall immediately deliver,
or forward by 
mail, the employment counselor's counsellor's
license, to the 
Department of Labor, together with the reasons for his

discharge, if he was discharged. Failure to state that the 
employment counselor
counsellor was discharged will be 
conclusively presumed to indicate that
he terminated his 
services voluntarily. Thereafter, it shall be unlawful
for the 
employment counselor counsellor to exercise any rights or 
privileges under
such license, unless the Department of Labor 
transfers his license to
another employment agency.

    Each employment counselor counsellor shall notify the 
Department of Labor of
any change in his residence address. 
Failure to give such notice shall
automatically work a 
revocation of his license.

    The Department may refuse to issue or may suspend the 
license
of any person who fails to file a return, or to pay the 
tax, penalty or
interest shown in a filed return, or to pay any 
final assessment of tax,
penalty or interest, as required by 
any tax Act administered by the
Illinois Department of Revenue, 
until such time as the requirements of any
such tax Act are 
satisfied.

    Any person who violates any provisions of this section or 
who
testifies falsely as to any matter required by the 
provisions of this
section or of this Act, is guilty of a Class 
B misdemeanor.

(Source: P.A. 97-813, eff. 7-13-12.)

 



    (225 ILCS 515/5)  (from Ch. 111, par. 905)



    Sec. 5. 
No such licensee shall charge a registration fee 
without
having first obtained a permit to charge such 
registration fee from the
Department of Labor. Any such 
licensee desiring to charge a registration
fee shall make 
application in writing to the Department of Labor, and
shall 
set out in the application the type of applicants from whom 
they
intend to accept a registration fee, the amount of the fee 
to be
charged, and shall furnish any other information on the 
subject that the
Department of Labor may deem necessary to 
enable it to determine whether
the agency's business methods 
and past record entitle the agency to a
permit.

    It is the duty of the Department of Labor to make an 
investigation,
upon receipt of the application, as to the 
truthfulness of the
application and the necessity of the charge 
of a registration fee; and
if it is shown that the agency's 
method of doing business is of such a
nature that a permit to 
charge a registration fee is necessary, and that
the agency's 
record has been reasonable and fair, then the Department of

Labor shall grant a permit to such agency. Such permit shall 
remain in
force until revoked for cause. No permit shall be 
granted until after 10
days from the date of filing of the 
application.

    When a permit is granted, such licensed person may charge a

registration fee not to exceed $4. In all such cases a complete 
record
of all such registration fees and references of 
applicants shall be kept
on file, which record shall, during 
all business hours, be open for the
inspection of the 
Department of Labor. It is the duty of such licensee
to 
communicate in writing with at least 2 of the persons mentioned 
as
reference by every applicant from whom a registration fee is 
accepted.
Failure on the part of a licensee to make such 
investigation shall be
deemed cause to revoke the permit to 
charge a registration fee. For such
registration fee a receipt 
shall be given to the applicant for employees
or employment, 
and shall state therein the name of such applicant, date
and 
amount of payment, the character of position or employee 
applied
for, and the name and address of such agency. If no 
position has been
furnished by the licensed agency to the 
applicant, then the registration
fee shall be returned to the 
applicant on demand after 30 days and
within 6 months from the 
date of receipt thereof, less the amount that
has been actually 
expended by the licensee in checking the references of
the 
applicant, and an itemized account of such expenditures shall 
be
presented to the applicant on request at the time of 
returning the
unused portion of such registration fee.

    Any such permit granted by the Department of Labor may be 
revoked by
it upon due notice to the holder of said permit and 
due cause shown and
hearing thereon.

    No such licensee shall, as a condition to registering or 
obtaining
employment for such applicant, require such 
applicant to subscribe to
any publication or to any postal card 
service, or advertisement, or
exact any other fees, 
compensation or reward, (except that in the case
of applicants 
for positions paying salaries of $5,000 or more per annum,

where the agency has secured from the Department of Labor a 
permit to
furnish a letter service in accordance with 
regulations of the
department governing the furnishing of such 
service, a special fee not
to exceed $250, to be credited on 
the fee charged for any placement
resulting from such letter 
service, may be charged for furnishing such
letter service) 
other than the aforesaid registration fee and a further
fee, 
called a placement fee, the amount of which shall be agreed 
upon
between such applicant and such licensee to be payable at 
such time as
may be agreed upon in writing. The employment 
agency shall furnish to
each applicant a copy of any contract 
or any form he signs with the
agency regarding the method of 
payment of the placement or employment
service fee.  Such 
contract or form shall contain the name and address
of such 
agency, and such other information as the Department of Labor

may deem proper.  The contract or form or copy thereof furnished 
the
applicant must state immediately above, below or close to 
the place
provided for the signature of the applicant that he 
has received a copy
of the contract or form and his signature 
shall acknowledge receipt
thereof. The placement or employment 
service fee shall not be received
by such licensee before the 
applicant has accepted a position tendered
by the employer. A 
copy of each contract or other form to which the
applicant 
becomes a party with the licensee shall be given to the

applicant by the licensee at the time of executing such 
contract or
document and on any such form on which the word 
acceptance appears, and
such contract or other form shall have 
the definition of acceptance as
defined by this Act printed in 
not less than 10 point type immediately
following the word 
acceptance. In the event the position so tendered is
not 
accepted by or given to such applicant, the licensee shall 
refund
all fees paid other than the registration fee and 
special fee aforesaid,
within 3 days of demand therefor. The 
fee charged for placing an
applicant in domestic service shall 
be a single fee for each placement
and shall be based upon the 
applicant's compensation or salary for a
period not to exceed 
one year.

    No such licensee shall send out any applicant for 
employment unless
the licensee has a bona fide job order for 
such employment and the job
order is valid in accordance with 
the renewal requirements of Section 3
of this Act. If no 
position of the kind applied for was open at the
place where 
the applicant was directed, then the licensee shall refund
to 
such applicant on demand any sum paid or expended by the 
applicant
for transportation in going to and returning from the 
place, and all
fees paid by the applicant. However, in the 
event a substitute position
is taken, the fee to be charged 
shall be computed on the salary agreed
upon for such position.

    In addition to the receipt herein provided to be given for 
a
registration fee, it shall be the duty of such licensee to 
give to every
applicant for employment or employees from whom 
other fee, or fees shall
be received, an additional receipt in 
which shall be stated the name of
the applicant, the amount 
paid and the date of payment. All such
receipts shall be in 
duplicate, numbered consecutively, shall contain
the name and 
address of such agency, and such other information as the

Department of Labor may deem proper. The duplicate receipt 
shall be kept
on file in the agency for at least one year.

    Every such licensee shall give to every applicant, who is 
sent out
for a job or for an interview with a prospective 
employer, a card or
printed paper or letter of introduction 
which shall be called a
"referral slip" containing the name of 
the applicant, the name and
address of the employer to whom the 
applicant is sent for employment,
the name and address of the 
agency, the name of the person referring the
applicant, and the 
probable duration of the work, whether temporary or
permanent. 
The referral slip shall contain a blank space in which the

employment counselor counsellor shall insert and specify in a 
prominent and legible
manner whether the employment service fee 
is to be paid by the applicant
or by the employer, or in the 
case of a split-fee, the percentage of the
fee to be paid by 
the applicant and the percentage of the fee to be paid
by the 
employer, or shall state whether the fee is to be negotiable

between the employer and the employee. A duplicate of all such 
referral
slips shall be kept on file in the agency for a period 
of one year. In
the event that the applicant is referred to a 
job or to a prospective
employer by telephone or telegraph, the 
referral slip shall be mailed to
the applicant and to the 
prospective employer before the close of the
business day on 
which the telephoned or telegraphed referral was given.
No 
person shall be sent out for a job or to interview a 
prospective
employer unless he has been personally interviewed 
by the agency or has
corresponded with the agency with the 
purpose of securing employment.

    If the employer pays the fee, and the employee fails to 
remain in the
position for a period of 30 days, such licensee 
shall refund to the
employer all fees, less an amount equal to 
25% of the total salary or
wages paid such employee during the

period of such employment, within 3 days after the licensed 
person has
been notified of the employee's failure to remain in 
the employment,
provided such 25% does not exceed the amount 
charged for a permanent
position of like nature.

    If the employee pays the fee and is discharged at any time 
within 30
days for any reason other than intoxication, 
dishonesty, unexcused
tardiness, unexcused absenteeism or 
insubordination, or otherwise fails
to remain in the position 
for a period of 30 days, through thru no fault of his
own, such 
licensee shall refund to the employee all fees less an amount

equal to 25% of the total salary or wages paid such employee 
during the
period of such employment within 3 days of the time 
such licensee has
been notified of the employee's failure to 
remain in the employment,
provided the 25% does not exceed the 
charge for a permanent position of
like nature. All refunds 
shall be in cash or negotiable check.

    If the employee has promised his prospective employer to 
report to
work at a definite time and place and then fails to 
report to work, such
circumstances shall be considered prima 
facie evidence that the employee
has accepted the employment 
offered.

    Where a dispute concerning a fee exists, the department may 
conduct a
hearing to determine all facts concerning the dispute 
and shall after
such hearing make such recommendations 
concerning such dispute as shall
be reasonable.

    Every such licensee shall post in a conspicuous place in 
the main
room of the agency sections of this Act as required by 
the Department of
Labor, to be supplied by the Department of 
Labor, and shall also post
his license in the main room of the 
agency.

    Every such licensee shall furnish the Department of Labor, 
under
rules to be prescribed by such Department, annual 
statements showing the
number and character of placements made.

(Source: P.A. 97-813, eff. 7-13-12.)

 

    (225 ILCS 515/13 rep.)

    Section 10. The Private Employment Agency Act is amended  by 
repealing Section 13.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.