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

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

---

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

---

Sen. Gary Forby

Filed: 5/14/2013

09800HB3125sam002 LRB098 09274 JLS 45845 a
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
changing Section 1005-47 and by adding Section 1005-165 as
follows:
(20 ILCS 1005/1005-47)
Sec. 1005-47. IllinoisJobLink.com Illinois Skills Match
Program.
(a) The Department of Employment Security, through its
IllinoisJobLink.com Illinois Skills Match System, or a
successor system, shall maintain a web site that allows job
seekers to search online for employment opportunities that
match the skills of the person seeking employment.
(b) Each executive branch State agency and any individual

09800HB3125sam002 - 2 - LRB098 09274 JLS 45845 a
or entity that is party to a contract with an executive branch
State Agency, except those individuals or entities that are
party to a contract with a bona fide labor organization and
perform construction or construction-related services as
defined in Section 1-15.20 of the Illinois Procurement Code
agencies with one or more positions subject to any jurisdiction
of the Personnel Code, must either (i) post employment
vacancies on the Department's IllinoisJobLink.com Skills Match
System or its successor system or (ii) provide an online link
to its employment vacancies so that this link is accessible
through the web page of the IllinoisJobLink.com Illinois Skills
Match System or its successor system. "State agency" has the
meaning as defined in Section 1-5 of the State Officials and
Employees Ethics Act and, for purposes of this Section,
includes community colleges. "Contract" has the meaning given
that term in Section 1-15.30 of the Illinois Procurement Code.
The Department of Central Management Services shall comply with
this Section on behalf of executive branch State agencies with
one or more positions subject to any jurisdiction of the
Personnel Code provide an online link to its State employment
information and career services web page so that this link is
accessible through the web page of the Illinois Skills Match
System or its successor system.
This Section does not apply to positions exempt from the
requirements of the Rutan decision.
(c) All units of local government, school districts, and

09800HB3125sam002 - 3 - LRB098 09274 JLS 45845 a
other public and private employers not subject to subsection
(b) may, and are encouraged to, post employment vacancies on
the IllinoisJobLink.com Illinois Skills Match System or
successor system.
(d) The Department may not charge any employer or any
person seeking employment a fee for using the
IllinoisJobLink.com Illinois Skills Match System or successor
system.
(e) The Department is authorized to adopt all rules
necessary to implement and administer the IllinoisJobLink.com
Illinois Skills Match System or any successor system under this
Section.
(Source: P.A. 94-786, eff. 7-1-07.)
(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:
(330 ILCS 50/1) (from Ch. 48, par. 186a)

09800HB3125sam002 - 4 - LRB098 09274 JLS 45845 a
Sec. 1. Veteran services; representative. The Department
of Employment Security 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.
(Source: P.A. 90-372, eff. 7-1-98.)

09800HB3125sam002 - 5 - LRB098 09274 JLS 45845 a
(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 1400, 1510, 1801.1, 2401, and 2800 and by
adding Section 2208.1 as follows:
(820 ILCS 405/1400) (from Ch. 48, par. 550)
Sec. 1400. Payment of contributions. On and after July 1,
1937, contributions shall accrue and become payable by each
employer for each calendar year in which he is subject to this
Act, with respect to wages payable for employment occurring
during the six months' period beginning July 1, 1937, and the
calendar years 1938, 1939, and 1940. For the year 1941 and for
each calendar year thereafter, contributions shall accrue and
become payable by each employer upon the wages paid with
respect to employment after December 31, 1940. Except as
otherwise provided in Section 1400.2, such contributions shall
become due and shall be paid quarterly on or before the last
day of the month next following the calendar quarter for which
such contributions have accrued; except that any employer who

09800HB3125sam002 - 6 - LRB098 09274 JLS 45845 a
is delinquent in filing a contribution report or in paying his
contributions for any calendar quarter may, at the discretion
of the Director, be required to report and to pay contributions
on a calendar month basis. Such contributions shall not be
deducted, in whole or in part, from the wages of individuals in
such employer's employ. If the Director shall find that the
collection of any contributions will be jeopardized by delay,
he may declare the same to be immediately due and payable.
In the payment of any contributions, interest, or
penalties, a fractional part of a cent shall be disregarded
unless it amounts to one-half cent or more, in which case it
shall be increased to one cent.
The Director may by regulation provide that if, at any
time, a total amount of less than $2 is payable with respect to
a quarter, including any contributions, payments in lieu of
contributions, interest or penalties, such amount may be
disregarded. Any amounts disregarded under this paragraph are
deemed to have been paid for all other purposes of this Act.
Nothing in this paragraph is intended to relieve any employer
from filing any reports required by this Act or by any rules or
regulations adopted by the Director pursuant to this Act.
Except with respect to the provisions concerning amounts
that may be disregarded pursuant to regulation, this Section
does not apply to any nonprofit organization or any
governmental entity referred to in subsection B of Section 1405
for any period with respect to which it does not incur

09800HB3125sam002 - 7 - LRB098 09274 JLS 45845 a
liability for the payment of contributions by reason of having
elected to make payments in lieu of contributions, or to any
political subdivision or municipal corporation for any period
with respect to which it is not subject to payments in lieu of
contributions under the provisions of paragraph 1 of Section
302C by reason of having elected to make payments in lieu of
contributions under paragraph 2 of that Section, or to the
State of Illinois or any of its instrumentalities.
The Director may, by regulation, provide that amounts due
from an employing unit for contributions, payments in lieu of
contributions, penalties, or interest be paid by an electronic
funds transfer, including amounts paid on behalf of an
employing unit by an entity representing the employing unit.
The regulation shall not apply to an employing unit until the
Director notifies the employing unit of the regulation. Except
as otherwise provided in this Section, where the employing
unit, within 30 days of the date of service of the notice sent
pursuant to this amendatory Act of the 98th General Assembly,
notifies the Director that it declines to pay by electronic
funds transfer, the regulation shall not apply to the employing
unit. Except as otherwise provided in this Section, where the
employing unit, within 30 days of the date of service of a
notice sent pursuant to Section 1509, notifies the Director
that it declines to pay by electronic funds transfer, the
regulation shall not apply to the employing unit with respect
to any payment due after the date the employing unit so

09800HB3125sam002 - 8 - LRB098 09274 JLS 45845 a
notifies the Director. The Director is authorized to provide by
regulation reasonable penalties for employing units which are
subject to and fail to comply with such a regulation. Any
employing unit that is not subject to the regulation may elect
to become subject to the regulation by paying amounts due for
contributions, payments in lieu of contributions, penalties,
or interest by an electronic funds transfer. Notwithstanding
any other provision to the contrary, in the case of an entity
representing 5 or more employing units, neither the entity nor
the employing units (for as long as they are represented by
that entity) shall have the option to decline to pay by
electronic funds transfer.
(Source: P.A. 94-723, eff. 1-19-06.)
(820 ILCS 405/1510) (from Ch. 48, par. 580)
Sec. 1510. Service of notice. Whenever service of notice is
required by Sections 1400, 1508, and 1509, such notice may be
given and be complete by depositing the same with the United
States Mail, addressed to the employer at his last known
address. If represented by counsel in the proceedings before
the Director, then service of notice may be made upon such
employer by mailing same to such counsel. If agreed to by the
person or entity entitled to notice, notice may be given and
completed electronically, in the manner prescribed by rule, by
posting the notice on a secure web site accessible to the
person or entity and sending notice of the posting to the last

09800HB3125sam002 - 9 - LRB098 09274 JLS 45845 a
known e-mail address of the person or entity.
(Source: P.A. 97-621, eff. 11-18-11.)
(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
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

09800HB3125sam002 - 10 - LRB098 09274 JLS 45845 a
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
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

09800HB3125sam002 - 11 - LRB098 09274 JLS 45845 a
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
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

09800HB3125sam002 - 12 - LRB098 09274 JLS 45845 a
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
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

09800HB3125sam002 - 13 - LRB098 09274 JLS 45845 a
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
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

09800HB3125sam002 - 14 - LRB098 09274 JLS 45845 a
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
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

09800HB3125sam002 - 15 - LRB098 09274 JLS 45845 a
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
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.)

09800HB3125sam002 - 16 - LRB098 09274 JLS 45845 a
(820 ILCS 405/2800) (from Ch. 48, par. 780)
Sec. 2800. Violations and penalties.
A. It shall be unlawful for any person or employing unit
to--
1. Make a false statement or representation or fail to
disclose a material fact:
a. To obtain, or increase, or prevent, or reduce any
benefit or payment under the provisions of this Act, or under
the unemployment compensation law of any State or the Federal
Government, either for himself or for any other person; or
b. To avoid or reduce any contribution or other payment
required from an employing unit under this Act.
2. Fail to pay a contribution due under the provisions of
this Act.
3. Fail to furnish any report, audit, or information duly
required by the Director under this Act.
4. Refuse to allow the Director or his duly authorized
representative to inspect or copy the pay roll or other records
or documents relative to the enforcement of this Act or
required by this Act.
5. Make any deduction from the wages of any individual in
its employ because of its liability for the payment of
contributions required by this Act.
6. Knowingly fail to furnish to any individual in its
employ any notice, report, or information duly required under

09800HB3125sam002 - 17 - LRB098 09274 JLS 45845 a
the provisions of this Act or the rules or regulations of the
Director.
7. Attempt to induce any individual, directly or indirectly
(by promise of re-employment or by threat not to employ or not
to re-employ or by any other means), to refrain from claiming
or accepting benefits or to waive any other rights under this
Act; or to maintain a rehiring policy which discriminates
against former individuals in its employ by reason of their
having claimed benefits.
8. Pay contributions upon wages for services not rendered
for such employing unit if the purpose of such payment is
either to reduce the amount of contributions due or to become
due from any employing unit or to affect the benefit rights of
any individual.
9. Solicit, or aid or abet the solicitation of, information
from any individual concerning his place of employment,
residence, assets or earnings, by any means which are intended
to mislead such individual to believe that the person or
employing unit seeking such information is the Department or
one of its Divisions or branches, or a representative thereof.
B. Any employing unit or person who willfully violates any
provision of this Section or any other provision of this Act or
any rule or regulation promulgated thereunder, or does any act
prohibited by this Act, or who fails, neglects, or refuses to
perform any duty required by any provision of this Act or rule
or regulation of the Director, within the time prescribed by

09800HB3125sam002 - 18 - LRB098 09274 JLS 45845 a
the Director, for which no penalty has been specifically
provided, or who fails, neglects, or refuses to obey any lawful
order given or made by the Director, shall be guilty of a Class
B misdemeanor, and each such act, failure, neglect, or refusal
shall constitute a separate and distinct offense. An employing
unit's or person's willful filing of a fraudulent quarterly
wage report shall constitute a Class 4 felony if the amount of
contributions owed with respect to the quarter is less than
$300 and a Class 3 felony if the amount of contributions owed
with respect to the quarter is $300 or more. An employing
unit's or person's willful failure to honor a subpoena issued
by the Department shall constitute a Class 4 felony. If a such
person or employing unit described in this Section is a
corporation, the president, the secretary, and the treasurer,
and any other officer exercising corresponding functions,
shall each be subject to the aforesaid penalties for the
violation of any provisions of this Section of which he or they
had or, in the exercise of his or their duties, ought to have
had knowledge, not including the provisions regarding the
filing of a fraudulent quarterly wage report or the willful
failure to honor a subpoena.
(Source: P.A. 77-2439.)
(820 ILCS 405/1704 rep.)
(820 ILCS 405/2105 rep.)
Section 20. The Unemployment Insurance Act is amended by

09800HB3125sam002 - 19 - LRB098 09274 JLS 45845 a
repealing Sections 1704 and 2105.
Section 99. Effective date. This Act takes effect upon
becoming law, except that the provisions amending Section 2401
of the Unemployment Insurance Act take effect July 1, 2014.".