Illinois General Assembly - Bill Status for SB 797

Deletes everything after the enacting clause. Creates the Truth in Employment Act. Requires a construction contractor for whom a person is performing work and is classified as an independent contractor with respect to that work to file a statement with the Department of Revenue once each year, and provides for penalties for late filing. Sets forth the required contents of the statement. Requires a summary of the requirements of the Act to be posted by the Department on its web site and its offices and by contractors on job sites. Provides for the Department of Revenue to conduct investigations if a report is not timely filed or if the Department finds that there is reason to suspect that a contractor has misclassified any employees as independent contractors, and provides that the Department shall hire investigators. Provides that contractors who misclassify any employees as independent contractors on a construction project are subject to specified penalties under the new Act and the Illinois Income Tax Act, including criminal penalties under the new Act to be prosecuted by the Attorney General or the appropriate State's Attorney. Authorizes the Department to adopt rules. Provides for judicial review under the Administrative Review Law. Amends the State Finance Act to create the Truth in Employment Fund and provides that moneys collected under the Act shall be deposited into the Fund and used by the Department, subject to appropriation, to administer and enforce the Act, and that moneys in the Fund at the end of a fiscal year in excess of a $1,000,000 reserve shall be transferred to the General Revenue Fund. Provides that there shall be no waiver of the Act and imposes criminal penalties for inducing any individual to waive any provision of the Act. Amends the Department of Employment Security Law and the the Workers' Compensation Act to require cooperation with the Department of Revenue. Amends the Illinois Income Tax Act to require the Director of Revenue to make information available to the Attorney General or appropriate State's Attorney. Contains a severability clause.

Amends the Prevailing Wage Act. Provides that 40% of the civil penalties recovered under the Act shall be deposited into the Child Labor, Day and Temporary Labor Services, and Prevailing Wage Enforcement Fund. Amends the Child Labor Law and the State Finance Act to change the name of the Fund and to provide that moneys in the Fund may be used for activities or purposes related to the enforcement of the Child Labor Law, the Day and Temporary Labor Services Act, or the Prevailing Wage Act.

Provides that the contractor's statement shall be filed no later than 3 days after the first date (rather than on the first date) of the calendar year on which the worker performs work for the contractor. Provides for notice, protest, and hearings. Provides that moneys in the Truth in Employment Fund at the end of a fiscal year in excess of those moneys necessary for the Department to carry out its powers and duties under this Act (rather than in excess of $1,000,000) shall be transferred to the General Revenue Fund.

Date	Chamber	Action
1/11/2005	Senate	Session Sine Die

Date	Chamber	Action
2/19/2003	Senate	Filed with Secretary by Sen. Carol Ronen
2/19/2003	Senate	Chief Co-Sponsor Sen. Emil Jones, Jr.
2/19/2003	Senate	First Reading
2/19/2003	Senate	Referred to Rules
3/5/2003	Senate	Assigned to Executive
3/13/2003	Senate	Do Pass Executive; 008-005-000
3/13/2003	Senate	Placed on Calendar Order of 2nd Reading March 18, 2003
3/18/2003	Senate	Second Reading
3/18/2003	Senate	Placed on Calendar Order of 3rd Reading ** March 19, 2003
3/27/2003	Senate	Verified
3/27/2003	Senate	Third Reading - Passed; 032-016-002
3/27/2003	House	Arrived in House
3/27/2003	House	Placed on Calendar Order of First Reading
3/27/2003	House	Chief House Sponsor Rep. Michael J. Madigan
3/27/2003	House	First Reading
3/27/2003	House	Referred to Rules Committee
3/31/2003	House	Assigned to Executive Committee
5/2/2003	House	Rule 19(a) / Re-referred to Rules Committee
5/14/2003	House	Assigned to Executive Committee
5/14/2003	House	Committee/3rd Reading Deadline Extended-Rule 9(b); May 31, 2003
5/29/2003	House	Do Pass / Standard Debate Executive Committee; 007-005-000
5/29/2003	House	Placed on Calendar 2nd Reading - Standard Debate **
5/29/2003	House	Second Reading - Standard Debate
5/29/2003	House	Held on Calendar Order of Second Reading - Standard Debate
6/1/2003	House	Rule 19(a) / Re-referred to Rules Committee
11/5/2003	House	Approved for Consideration Rules Committee; 005-000-000
11/5/2003	House	Placed on Calendar 2nd Reading - Standard Debate
11/18/2003	House	Added Alternate Chief Co-Sponsor Rep. Larry McKeon
12/22/2003	House	Rule 19(b) / Re-referred to Rules Committee
5/6/2004	House	Approved for Consideration Rules Committee; 003-000-000
5/6/2004	House	Placed on Calendar 2nd Reading - Standard Debate
5/6/2004	House	Alternate Chief Sponsor Changed to Rep. Dan Reitz
5/6/2004	House	Added Alternate Chief Co-Sponsor Rep. Mike Boland
5/6/2004	House	Added Alternate Chief Co-Sponsor Rep. Patrick Verschoore
5/6/2004	House	Added Alternate Chief Co-Sponsor Rep. Brandon W. Phelps
5/6/2004	House	Added Alternate Co-Sponsor Rep. Robert Rita
5/6/2004	House	Added Alternate Co-Sponsor Rep. Charles E. Jefferson
5/6/2004	House	House Amendment No. 1 Filed with Clerk by Rep. Dan Reitz
5/6/2004	House	House Amendment No. 1 Referred to Rules Committee
5/12/2004	House	House Amendment No. 2 Filed with Clerk by Rep. Larry McKeon
5/12/2004	House	House Amendment No. 2 Referred to Rules Committee
5/14/2004	House	Committee/3rd Reading Deadline Extended-Rule 9(b) May 31, 2004
5/19/2004	House	House Amendment No. 1 Rules Refers to Labor Committee
5/19/2004	House	House Amendment No. 2 Rules Refers to Labor Committee
5/20/2004	House	House Amendment No. 1 Recommends Be Adopted Labor Committee; 008-003-000
5/20/2004	House	House Amendment No. 2 Recommends Be Adopted Labor Committee; 008-003-000
5/20/2004	House	Judicial Note Filed As Amended by HA 1,2
5/21/2004	House	Fiscal Note Filed As Amended by HA 2
5/24/2004	House	State Mandates Fiscal Note Filed As Amended by HA 1,2
5/25/2004	House	Added Alternate Co-Sponsor Rep. Elaine Nekritz
5/26/2004	House	House Amendment No. 3 Filed with Clerk by Rep. Dan Reitz
5/26/2004	House	House Amendment No. 3 Referred to Rules Committee
5/26/2004	House	Fiscal Note Requested by Rep. Dave Winters; As Amended by HA 3
5/26/2004	House	House Amendment No. 3 Recommends Be Adopted Rules Committee; 003-002-000
5/26/2004	House	Fiscal Note Filed As Amended by HA 3
5/27/2004	House	Judicial Note Filed As Amended by HA 3
5/27/2004	House	Second Reading - Standard Debate
5/27/2004	House	House Amendment No. 1 Adopted by Voice Vote
5/27/2004	House	House Amendment No. 2 Adopted by Voice Vote
5/27/2004	House	House Amendment No. 3 Adopted by Voice Vote
5/27/2004	House	Placed on Calendar Order of 3rd Reading - Standard Debate
5/27/2004	House	Third Reading - Standard Debate - Passed 070-045-000
5/28/2004	Senate	Secretary's Desk - Concurrence House Amendment(s) 01,02,03
5/28/2004	Senate	Placed on Calendar Order of Concurrence House Amendment(s) 01,02,03 - May 29, 2004.
5/28/2004	Senate	House Amendment No. 1 Motion to Concur Filed with Secretary Sen. Carol Ronen
5/28/2004	Senate	House Amendment No. 1 Motion to Concur Referred to Rules
5/28/2004	Senate	House Amendment No. 3 Motion to Concur Filed with Secretary Sen. Carol Ronen
5/28/2004	Senate	House Amendment No. 3 Motion to Concur Referred to Rules
5/28/2004	Senate	House Amendment No. 2 Motion to Non-Concur Filed with Secretary Sen. Carol Ronen
5/28/2004	Senate	House Amendment No. 1 Motion to Concur Rules Referred to Labor & Commerce
5/28/2004	Senate	House Amendment No. 3 Motion to Concur Rules Referred to Labor & Commerce
5/28/2004	Senate	House Amendment No. 1 Motion to Non-Concur Filed with Secretary Sen. Carol Ronen
5/28/2004	Senate	House Amendment No. 2 Motion to Concur Filed with Secretary Sen. Carol Ronen
5/28/2004	Senate	House Amendment No. 2 Motion to Concur Referred to Rules
5/28/2004	Senate	House Amendment No. 3 Motion to Non-Concur Filed with Secretary Sen. Carol Ronen
5/30/2004	Senate	House Amendment No. 1 Senate Non-Concurs 01
5/30/2004	Senate	House Amendment No. 3 Senate Non-Concurs 03
8/24/2004	Senate	Pursuant to Senate Rule 3-9(b) / Referred to Rules
1/11/2005	Senate	Session Sine Die

	Adds reference to:
	30 ILCS 105/5.306	from Ch. 127, par. 141.306

	Judicial Note (Admin Office of the Illinois Courts)
	Senate Bill 797, as amended by House Amendments 1 and 2, may increase judicial workloads. However, the bill would not increase the number of judges needed in the State.

	Fiscal Note (Department of Labor)
	Administration of Senate Bill 797, as amended by House Amendment 2, would require no additional costs.

	State Mandates Fiscal Note (Dept. of Commerce and Economic Opportunity)
	As amended by HA1 & 2, does not create a state mandate under the State Mandates Act.

	Fiscal Note (Department of Labor)
	Administration of this Act would require no additional costs.

	Judicial Note (Admin Office of the Illinois Courts)
	As amended by House Amendment 3, Senate Bill 797 may increase judicial workloads. However, the bill would not increase the number of judges needed in the State.