Bill Text: IL HB3125 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Unemployment Insurance Act. Provides that paper or electronic return receipts issued by the United States Postal Service constitute proof of service.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-07-23 - Public Act . . . . . . . . . 98-0107 [HB3125 Detail]

Download: Illinois-2013-HB3125-Amended.html

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Rep. Jay Hoffman

Filed: 4/12/2013

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AMENDMENT TO HOUSE BILL 3125
AMENDMENT NO. ______. Amend House Bill 3125 by replacing
everything after the enacting clause with the following:
"Section 5. The Department of Employment Security Law of
the Civil Administrative Code of Illinois is amended by adding
Section 1005-165 as follows:
(20 ILCS 1005/1005-165 new)
Sec. 1005-165. Disabled veterans outreach. The Department
shall employ such disabled veterans outreach program
specialists as appropriate and efficient according to Section
4103A of Title 38 of the United States Code, or any successor
legislation, based upon available federal funding for that
purpose.
Section 10. The Veterans' Employment Representative Act is
amended by changing Sections 1 and 2 as follows:

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(330 ILCS 50/1) (from Ch. 48, par. 186a)
Sec. 1. Veteran services; representative. The Department
of Employment Security shall assign a Each full service office
of the Job Service shall assign at least one full time
Veterans' Employment Representative, defined by title and
classification under the Personnel Code of Illinois, to each
full service office of the employment service, to work
exclusively in job counseling, training, and placement of
veterans. Preference for these positions shall be given to
qualified persons who have been members of the armed forces of
the United States in times of hostilities with a foreign
country. Any candidate for these positions shall be deemed to
have met and satisfied examination admission requirements if
the candidate served in the armed forces during times of
hostilities with a foreign country and was honorably discharged
therefrom due to a combat-related disability. The holder of
such a position shall be administratively responsible to the
local office manager, and his or her first line responsibility
is functional supervision of all local office services to
veterans. He or she may also be delegated line supervision of
veteran units, assistant local veterans' employment
representative, or veteran aid. Individualized veterans'
services such as application taking, counseling, job referral,
or training will continue to be provided to veterans on a
priority basis by all local office staff.

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(Source: P.A. 90-372, eff. 7-1-98.)
(330 ILCS 50/2) (from Ch. 48, par. 186b)
Sec. 2. Veteran services; funding. Since funding for these
veteran services by the employment service Job Service has
already been provided for by the U.S. Department of Labor, no
additional funds will be required to carry out the provisions
of this Act.
(Source: P.A. 90-372, eff. 7-1-98.)
Section 15. The Unemployment Insurance Act is amended by
changing Sections 1801.1 and 2401 and by adding Section 2208.1
as follows:
(820 ILCS 405/1801.1)
Sec. 1801.1. Directory of New Hires.
A. The Director shall establish and operate an automated
directory of newly hired employees which shall be known as the
"Illinois Directory of New Hires" which shall contain the
information required to be reported by employers to the
Department under subsection B. In the administration of the
Directory, the Director shall comply with any requirements
concerning the Employer New Hire Reporting Program established
by the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. The Director is authorized to use
the information contained in the Directory of New Hires to

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administer any of the provisions of this Act.
B. Each employer in Illinois, except a department, agency,
or instrumentality of the United States, shall file with the
Department a report in accordance with rules adopted by the
Department (but in any event not later than 20 days after the
date the employer hires the employee or, in the case of an
employer transmitting reports magnetically or electronically,
by 2 monthly transmissions, if necessary, not less than 12 days
nor more than 16 days apart) providing the following
information concerning each newly hired employee: the
employee's name, address, and social security number, the date
services for remuneration were first performed by the employee,
the employee's projected monthly wages, and the employer's
name, address, Federal Employer Identification Number assigned
under Section 6109 of the Internal Revenue Code of 1986, and
such other information as may be required by federal law or
regulation, provided that each employer may voluntarily file
the address to which the employer wants income withholding
orders to be mailed, if it is different from the address given
on the Federal Employer Identification Number. An employer in
Illinois which transmits its reports electronically or
magnetically and which also has employees in another state may
report all newly hired employees to a single designated state
in which the employer has employees if it has so notified the
Secretary of the United States Department of Health and Human
Services in writing. An employer may, at its option, submit

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information regarding any rehired employee in the same manner
as information is submitted regarding a newly hired employee.
Each report required under this subsection shall, to the extent
practicable, be made on an Internal Revenue Service Form W-4
or, at the option of the employer, an equivalent form, and may
be transmitted by first class mail, by telefax, magnetically,
or electronically.
C. An employer which knowingly fails to comply with the
reporting requirements established by this Section shall be
subject to a civil penalty of $15 for each individual whom it
fails to report. An employer shall be considered to have
knowingly failed to comply with the reporting requirements
established by this Section with respect to an individual if
the employer has been notified by the Department that it has
failed to report an individual, and it fails, without
reasonable cause, to supply the required information to the
Department within 21 days after the date of mailing of the
notice. Any individual who knowingly conspires with the newly
hired employee to cause the employer to fail to report the
information required by this Section or who knowingly conspires
with the newly hired employee to cause the employer to file a
false or incomplete report shall be guilty of a Class B
misdemeanor with a fine not to exceed $500 with respect to each
employee with whom the individual so conspires.
D. As used in this Section, "newly hired employee" means an
individual who (i) is an employee within the meaning of Chapter

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24 of the Internal Revenue Code of 1986 and (ii) either has not
previously been employed by the employer or was previously
employed by the employer but has been separated from that prior
employment for at least 60 consecutive days; however, "newly
hired employee" does not include an employee of a federal or
State agency performing intelligence or counterintelligence
functions, if the head of that agency has determined that the
filing of the report required by this Section with respect to
the employee could endanger the safety of the employee or
compromise an ongoing investigation or intelligence mission.
Notwithstanding Section 205, and for the purposes of this
Section only, the term "employer" has the meaning given by
Section 3401(d) of the Internal Revenue Code of 1986 and
includes any governmental entity and labor organization as
defined by Section 2(5) of the National Labor Relations Act,
and includes any entity (also known as a hiring hall) which is
used by the organization and an employer to carry out the
requirements described in Section 8(f)(3) of that Act of an
agreement between the organization and the employer.
(Source: P.A. 97-621, eff. 11-18-11; 97-689, eff. 6-14-12;
97-791, eff. 1-1-13; revised 7-23-12.)
(820 ILCS 405/2208.1 new)
Sec. 2208.1. Return receipts. Whenever any provision of
this Act requires service by certified or registered mail
either a paper return receipt issued by the United States

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Postal Service or an electronic return receipt issued by the
United States Postal Service shall constitute proof of service.
(820 ILCS 405/2401) (from Ch. 48, par. 721)
Sec. 2401. Recording and release of lien. A. The lien
created by Section 2400 shall be invalid only as to any
innocent purchaser for value of stock in trade of any employer
in the usual course of such employer's business, and shall be
invalid as to any innocent purchaser for value of any of the
other assets to which such lien has attached, unless notice
thereof has been filed by the Director in the office of the
recorder of the county within which the property subject to the
lien is situated. The Director may, in his discretion, for good
cause shown and upon the reimbursement of any recording fees
paid by the Director with respect to the lien, issue a
certificate of withdrawal of notice of lien filed against any
employer, which certificate shall be recorded in the same
manner as herein provided for the recording of notice of liens.
Such withdrawal of notice of lien shall invalidate such lien as
against any person acquiring any of such employer's property or
any interest therein, subsequent to the recordation of the
withdrawal of notice of lien, but shall not otherwise affect
the validity of such lien, nor shall it prevent the Director
from re-recording notice of such lien. In the event notice of
such lien is re-recorded, such notice shall be effective as
against third persons only as of the date of such

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re-recordation.
B. The recorder of each county shall procure at the expense
of the county a file labeled "Unemployment Compensation
Contribution Lien Notice" and an index book labeled
"Unemployment Compensation Contribution Lien Index." When a
notice of any such lien is presented to him for filing, he
shall file it in numerical order in the file and shall enter it
alphabetically in the index. The entry shall show the name and
last known business address of the employer named in the
notice, the serial number of the notice, the date and hour of
filing, and the amount of contribution, interest and penalty
thereon due and unpaid. When a certificate of complete or
partial release of such lien issued by the Director is
presented for filing in the office of the recorder where a
notice of lien was filed, the recorder shall permanently attach
the certificate of release to the notice of lien and shall
enter the certificate of release and the date in the
Unemployment Compensation Contribution Lien Index on the line
where the notice of lien is entered. In case title to land to
be affected by the Notice of Lien is registered under the
provisions of "An Act Concerning Land Titles", approved May 1,
1897, as amended, such notice shall be filed in the office of
the Registrar of Titles of the county within which the property
subject to the lien is situated and shall be entered upon the
register of titles as a memorial or charge upon each folium of
the register of title affected by such notice, and the Director

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shall not have a preference over the rights of any bona fide
purchaser, mortgagee, judgment creditor or other lien holder
arising prior to the registration of such notice.
C. The Director shall have the power to issue a certificate
of partial release of any part of the property subject to the
lien , upon the reimbursement of any recording fees paid by the
Director with respect to the lien, if he shall find that the
fair market value of that part of such property remaining
subject to the lien is at least equal to the amount of all
prior liens upon such property plus double the amount of the
liability for contributions, interest and penalties thereon
remaining unsatisfied.
D. Where the amount of or the liability for the payment of
any contribution, interest or penalty is contested by any
employing unit against whose property a lien has attached, and
the determination of the Director with reference to such
contribution has not become final, the Director may issue a
certificate of release of lien upon the reimbursement of any
recording fees paid by the Director with respect to the lien
and the furnishing of bond by such employing unit in 125% the
amount of the sum of such contribution, interest and penalty,
for which lien is claimed, with good and sufficient surety to
be approved by the Director conditioned upon the prompt payment
of such contribution, together with interest and penalty
thereon, by such employing unit to the Director immediately
upon the decision of the Director in respect to the liability

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for such contribution, interest and penalty becoming final.
E. When a lien obtained pursuant to this Act has been
satisfied and upon the reimbursement of any recording fees paid
by the Director with respect to the lien, the Department shall
issue a release to the person, or his agent, against whom the
lien was obtained and such release shall contain in legible
letters a statement as follows:
FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL
BE FILED WITH THE RECORDER OR THE REGISTRAR
OF TITLES, IN WHOSE OFFICE, THE LIEN WAS FILED.
(Source: P.A. 83-358.)
(820 ILCS 405/1704 rep.)
(820 ILCS 405/2105 rep.)
Section 20. The Unemployment Insurance Act is amended by
repealing Sections 1704 and 2105.
Section 99. Effective date. This Act takes effect upon
becoming law.".