Bill Text: IL HB2804 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Department of Labor Law of the Civil Administrative Code of Illinois. Provides that an Illinois employer may request a written, legally binding private letter ruling from the Department of Labor regarding any law under the jurisdiction of the Department, that private letter rulings are issued by the Department in response to specific employer inquiries concerning the application of a statute or rule to a particular fact situation, and that private letter rulings are binding on the Department only as to the employer who is the subject of the request for ruling. Contains provisions regarding: submission of requests; contents of requests; parties entitled to make requests; issuance of private letter rulings; effect of private letter rulings; uses of private letter rulings; and other matters.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2804 Detail]

Download: Illinois-2015-HB2804-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2804 Introduced , by Rep. Keith Wheeler SYNOPSIS AS INTRODUCED:
20 ILCS 1505/1505-135 new
Amends the Department of Labor Law of the Civil Administrative Code of Illinois. Provides that an Illinois employer may request a written, legally binding private letter ruling from the Department of Labor regarding any law under the jurisdiction of the Department, that private letter rulings are issued by the Department in response to specific employer inquiries concerning the application of a statute or rule to a particular fact situation, and that private letter rulings are binding on the Department only as to the employer who is the subject of the request for ruling. Contains provisions regarding: submission of requests; contents of requests; parties entitled to make requests; issuance of private letter rulings; effect of private letter rulings; uses of private letter rulings; and other matters.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Labor Law of the Civil
Administrative Code of Illinois is amended by adding Section
1505-135 as follows:
(20 ILCS 1505/1505-135 new)
Sec. 1505-135. Private letter rulings.
(a) An Illinois employer may request a written, legally
binding private letter ruling from the Department regarding any
law under the jurisdiction of the Department. Private letter
rulings are issued by the Department in response to specific
employer inquiries concerning the application of a statute or
rule to a particular fact situation. Private letter rulings are
binding on the Department only as to the employer who is the
subject of the request for ruling.
(1) A request for a private letter ruling must be made
by, or on behalf of, an identified employer. A request for
a private letter ruling may be made by an employer, or by
an employer's representative under a power of attorney from
that employer. The Department may not issue private letter
rulings to employers' representatives for anonymous or
unidentified employers.

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(2) Employers must make separate requests for private
letter rulings for different statutes under the
jurisdiction of the Department.
(3) Private letter rulings may not be issued on
hypothetical situations.
(4) Private letter rulings may not be issued to
business, trade, or industrial associations or to similar
groups concerning the application of labor laws to members
of the groups. Members of such groups may submit
suggestions of general issues that would be appropriately
addressed in information bulletins, or may submit general
questions to be addressed by the Department in a general
information letter.
(5) A private letter ruling may not be issued if, at
the time the ruling is requested, the identical issue is
currently being investigated by the Department or is part
of pending litigation.
(6) The Department shall respond to all requests for
private letter rulings, within 30 days of receipt of the
request, either by issuance of a private letter ruling or
by a letter explaining that the request will not be
honored.
(b) An employer may, in good faith, submit a request for a
private letter ruling on a specific law, and during the
pendency period (the period between when the request is made
and when the private letter ruling is issued) any investigation

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by the Department that enumerates a specific violation by the
employer may be enforced if and only if:
(1) the specific violation was not enumerated by the
employer in its request;
(2) the specific violation was enumerated by the
employer, but the enumeration was made in bad faith; or
(3) the violation includes back wages or other payment
to the worker; however, no fines or penalties may be issued
by the Department with regard to that specific violation
during that period.
(c) The following information must be included in each
request for a private letter ruling:
(1) A complete statement of the facts and other
information pertinent to the request. The request must
contain a complete statement of all material facts.
(2) An identification of the time period at issue, and
disclosure of whether an audit or litigation is pending
with the Department.
(3) The signature of the employer or the employer's
representative.
(d) The Department shall delete certain information from
private letter rulings prior to public dissemination.
Deletions shall include the name and address of the employer
and employer's representative, and confidential information as
specified by employer.
(e) Private letter rulings shall cease to bind the

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Department if there is a pertinent change in statutory law,
case law, rules, or material facts.
(f) Private letter rulings do not impact the rights of an
employer to appeal a decision of the Department.
(g) A private letter ruling may serve as a proof as it
relates to the determination of insurance premiums.