HB5601ham001 96TH GENERAL ASSEMBLY

Rep. Ronald A. Wait

Filed: 3/17/2010

09600HB5601ham001 LRB096 16344 WGH 39150 a

AMENDMENT TO HOUSE BILL 5601

AMENDMENT NO. ______. Amend House Bill 5601 by replacing everything after the enacting clause with the following:

"Section 5. The Unemployment Insurance Act is amended by adding Section 1802 and changing Section 2800 as follows:

(820 ILCS 405/1802 new)

Sec. 1802. Services that do not constitute employment; notice.

A. If, on or after the effective date of this amendatory Act of the 96th General Assembly, an employing unit offers an individual a position that involves the performance of services that do not constitute employment for purposes of this Act, and the individual accepts the position, the employing unit must give the individual a written notice, either before the individual begins performing those services or on the first day that the individual performs those services, that the individual will not be eligible for unemployment insurance on the basis of the services to be performed by the individual for the employing unit.

B. An employing unit is not required to give a notice under this Section to an individual if paragraphs A through C of Section 212 apply with respect to the individual's performance of those services.

(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 or knowingly fail to comply with Section 1802.

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 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. If such person or employing unit 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.

(Source: P.A. 77-2439.)".