HB4805 104TH GENERAL ASSEMBLY

LRB104 19015 SPS 32460 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4805

Introduced , by Rep. Gregg Johnson

SYNOPSIS AS INTRODUCED:

820 ILCS 405/700	from Ch. 48, par. 450
820 ILCS 405/2800	from Ch. 48, par. 780

Amends the Unemployment Insurance Act. Provides that, if an employer employing 75 or more employees in the State conducts a layoff, furlough, or temporary shutdown resulting in the separation of one or more employees, the employer shall submit required claim-initiation information to the Department of Employment Security on behalf of each affected employee. Provides that the Department shall provide written or electronic confirmation to the affected employee that the claim-initiation information has been submitted on their behalf by the employer. Sets forth additional requirements. Provides for civil penalties for a violation of the provision.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unemployment Insurance Act is amended by changing Sections 700 and 2800 as follows:

(820 ILCS 405/700) (from Ch. 48, par. 450)

Sec. 700. Filing claims for benefits.

A. Claims for benefits shall be made in accordance with such regulations as the Director may prescribe. Each employer shall post and maintain printed statements concerning such regulations or such other matters as the Director may by regulation prescribe in places readily accessible to individuals in such employer's service. Each employer shall supply to such individuals copies of such printed statements or materials relating to claims for benefits as the Director may by regulation prescribe. Such printed statements shall be supplied by the Director to each employer without cost to the employer.

B. Notwithstanding any other provision of this Act, when an employer employing 75 or more employees in this State conducts a layoff, furlough, or temporary shutdown resulting in the separation of one or more employees, the employer shall submit required claim-initiation information to the Department on behalf of each affected employee, in the manner prescribed by the Department. The employer shall provide to the Department, at a minimum:

(1) the employee's name and last known contact information;

(2) the employee's last day worked;

(3) the reason for separation, including whether the separation is temporary or permanent; and

(4) any wage and employment information required by the Department.

Submission of the claim-initiation information by an employer in accordance with this subsection shall not be construed as a determination of eligibility, nor shall it prohibit an employee from declining benefits or submitting additional information. The Department shall provide written or electronic confirmation to the affected employee that claim-initiation information has been submitted on their behalf by the employer. The Department may adopt rules necessary to implement and administer this subsection.

(Source: Laws 1951, p. 32.)

(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 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. Except as provided in subsection C, any 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 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 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.

C. An employer that willfully fails to comply with the requirements of subsection B of Section 700 may be subject to a civil penalty not to exceed $5,000 per violation, as determined by the Department. Each affected employee for whom required information is not submitted constitutes a separate violation.

(Source: P.A. 98-107, eff. 7-23-13.)