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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Employment Security Law of the
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5 | Civil Administrative Code of Illinois is amended by changing | ||||||
6 | Section 1005-47 and by adding Section 1005-165 as follows: | ||||||
7 | (20 ILCS 1005/1005-47) | ||||||
8 | Sec. 1005-47. IllinoisJobLink.com Illinois Skills Match | ||||||
9 | Program .
| ||||||
10 | (a) The Department of Employment Security, through its | ||||||
11 | IllinoisJobLink.com Illinois Skills Match System, or a | ||||||
12 | successor system, shall maintain a web site that allows job | ||||||
13 | seekers to search online for employment opportunities that | ||||||
14 | match the skills of the person seeking employment. | ||||||
15 | (b) Each executive branch State agency and any individual | ||||||
16 | or entity that is party to a contract with an executive branch | ||||||
17 | State agency , except those individuals or entities that are | ||||||
18 | party to a contract with a bona fide labor organization and | ||||||
19 | perform construction or construction-related services as | ||||||
20 | defined in Section 1-15.20 of the Illinois Procurement Code | ||||||
21 | agencies with one or more positions subject to any jurisdiction | ||||||
22 | of the Personnel Code , must either (i) post employment | ||||||
23 | vacancies on the Department's IllinoisJobLink.com Skills Match |
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1 | System or its successor system or (ii) provide an online link | ||||||
2 | to its employment vacancies so that this link is accessible | ||||||
3 | through the web page of the IllinoisJobLink.com Illinois Skills | ||||||
4 | Match System or its successor system. "State agency" has the | ||||||
5 | meaning as defined in Section 1-5 of the State Officials and | ||||||
6 | Employees Ethics Act and, for purposes of this Section, | ||||||
7 | includes community colleges . "Contract" has the meaning given | ||||||
8 | to that term in Section 1-15.30 of the Illinois Procurement | ||||||
9 | Code. The Department of Central Management Services shall | ||||||
10 | comply with this Section on behalf of executive branch State | ||||||
11 | agencies with one or more positions subject to any jurisdiction | ||||||
12 | of the Personnel Code provide an online link to its State | ||||||
13 | employment information and career services web page so that | ||||||
14 | this link is accessible through the web page of the Illinois | ||||||
15 | Skills Match System or its successor system . | ||||||
16 | This Section does not apply to positions exempt from the | ||||||
17 | requirements of the Rutan decision or to construction-related | ||||||
18 | services as defined in Section 1-15.20 of the Illinois | ||||||
19 | Procurement Code .
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20 | (c) All units of local government, school districts, and | ||||||
21 | other public and private employers not subject to subsection | ||||||
22 | (b) may, and are encouraged to, post employment vacancies on | ||||||
23 | the IllinoisJobLink.com Illinois Skills Match System or | ||||||
24 | successor system. | ||||||
25 | (d) The Department may not charge any employer or any | ||||||
26 | person seeking employment a fee for using the |
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1 | IllinoisJobLink.com Illinois Skills Match System or successor | ||||||
2 | system. | ||||||
3 | (e) The Department is authorized to adopt all rules | ||||||
4 | necessary to implement and administer the IllinoisJobLink.com | ||||||
5 | Illinois Skills Match System or any successor system under this | ||||||
6 | Section.
| ||||||
7 | (Source: P.A. 94-786, eff. 7-1-07 .) | ||||||
8 | (20 ILCS 1005/1005-165 new) | ||||||
9 | Sec. 1005-165. Disabled veterans outreach. The Department | ||||||
10 | shall employ such disabled veterans outreach program | ||||||
11 | specialists as appropriate and efficient according to Section | ||||||
12 | 4103A of Title 38 of the United States Code, or any successor | ||||||
13 | legislation, based upon available federal funding for that | ||||||
14 | purpose. | ||||||
15 | Section 10. The Veterans' Employment Representative Act is | ||||||
16 | amended by changing Sections 1 and 2 as follows:
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17 | (330 ILCS 50/1) (from Ch. 48, par. 186a)
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18 | Sec. 1. Veteran services; representative. The Department | ||||||
19 | of Employment Security Each full service office of
the Job | ||||||
20 | Service
shall assign at least one full time Veterans' | ||||||
21 | Employment Representative,
defined by title and classification | ||||||
22 | under the Personnel Code of Illinois,
to each full service | ||||||
23 | office of the employment service, to work exclusively in job |
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1 | counseling, training, and placement of veterans.
Preference | ||||||
2 | for these positions shall be given to qualified persons who
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3 | have been members of the armed forces of the United States in | ||||||
4 | times of
hostilities with a foreign country. Any candidate for | ||||||
5 | these positions
shall be deemed to have met and satisfied | ||||||
6 | examination admission
requirements if the candidate served in | ||||||
7 | the armed forces
during times
of hostilities with a foreign | ||||||
8 | country and was honorably discharged
therefrom due to a | ||||||
9 | combat-related disability. The holder of
such a position shall | ||||||
10 | be administratively responsible to
the local office manager, | ||||||
11 | and his or her first line responsibility is
functional
| ||||||
12 | supervision of all local office services to veterans. He or she | ||||||
13 | may also
be delegated
line supervision of veteran units, | ||||||
14 | assistant local veterans' employment
representative, or | ||||||
15 | veteran aid. Individualized veterans'
services such as | ||||||
16 | application taking, counseling, job referral, or training
will | ||||||
17 | continue to be provided to veterans on a priority basis by all | ||||||
18 | local
office staff.
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19 | (Source: P.A. 90-372, eff. 7-1-98.)
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20 | (330 ILCS 50/2) (from Ch. 48, par. 186b)
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21 | Sec. 2. Veteran services; funding. Since funding for these | ||||||
22 | veteran
services by the employment service Job Service has | ||||||
23 | already been provided for by the U.S.
Department
of Labor, no | ||||||
24 | additional funds will be required to carry out the provisions | ||||||
25 | of
this Act.
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1 | (Source: P.A. 90-372, eff. 7-1-98.)
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2 | Section 15. The Unemployment Insurance Act is amended by | ||||||
3 | changing Sections 1400, 1510, 1801.1, 2401, and 2800 and by | ||||||
4 | adding Section 2208.1 as follows:
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5 | (820 ILCS 405/1400) (from Ch. 48, par. 550)
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6 | Sec. 1400. Payment of contributions. On and after July 1, | ||||||
7 | 1937,
contributions shall accrue and become payable by each | ||||||
8 | employer for each
calendar year in which he is subject to this | ||||||
9 | Act, with respect to wages
payable for employment occurring | ||||||
10 | during the six months' period beginning
July 1, 1937, and the | ||||||
11 | calendar years 1938, 1939, and 1940. For the year
1941 and for | ||||||
12 | each calendar year thereafter, contributions shall accrue
and | ||||||
13 | become payable by each employer upon the wages paid with | ||||||
14 | respect to
employment after December 31, 1940. Except as | ||||||
15 | otherwise provided in Section 1400.2, such contributions shall | ||||||
16 | become due
and shall be paid quarterly on or before the last | ||||||
17 | day of the month next
following the calendar quarter for which | ||||||
18 | such contributions have
accrued; except that any employer who | ||||||
19 | is delinquent in filing a
contribution report or in paying his | ||||||
20 | contributions for any calendar
quarter may, at the discretion | ||||||
21 | of the Director, be required to report
and to pay contributions | ||||||
22 | on a calendar month basis. Such contributions
shall not be | ||||||
23 | deducted, in whole or in part, from the wages of
individuals in | ||||||
24 | such employer's employ. If the Director shall find that
the |
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1 | collection of any contributions will be jeopardized by delay, | ||||||
2 | he may
declare the same to be immediately due and payable.
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3 | In the payment of any contributions, interest, or | ||||||
4 | penalties, a
fractional part of a cent shall be disregarded | ||||||
5 | unless it amounts to
one-half cent or more, in which case it | ||||||
6 | shall be increased to one cent.
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7 | The Director may by regulation provide that if, at any | ||||||
8 | time, a total
amount of less
than $2 is payable with respect to | ||||||
9 | a quarter, including any
contributions, payments in lieu of | ||||||
10 | contributions, interest or
penalties, such amount may be | ||||||
11 | disregarded. Any amounts
disregarded under this paragraph are | ||||||
12 | deemed to have been paid for all
other purposes of this Act. | ||||||
13 | Nothing in this paragraph is intended to
relieve any employer | ||||||
14 | from filing any reports required by this Act or by
any rules or | ||||||
15 | regulations adopted by the Director pursuant to this Act.
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16 | Except with respect to the provisions concerning amounts | ||||||
17 | that may be
disregarded pursuant to regulation, this Section | ||||||
18 | does not apply to any
nonprofit organization or any | ||||||
19 | governmental
entity referred to in subsection B of Section 1405 | ||||||
20 | for any
period with respect to which it does not incur | ||||||
21 | liability for the payment
of contributions by reason of having | ||||||
22 | elected to make payments in lieu of
contributions, or to any | ||||||
23 | political subdivision or municipal corporation
for any period | ||||||
24 | with respect to which it is not subject to payments in
lieu of | ||||||
25 | contributions under the provisions of paragraph 1 of Section
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26 | 302C by reason of having elected to make payments in lieu of
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1 | contributions under paragraph 2 of that Section, or to the | ||||||
2 | State of
Illinois or any of its instrumentalities.
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3 | The Director may, by regulation, provide that amounts due | ||||||
4 | from an employing unit for contributions, payments in lieu of | ||||||
5 | contributions, penalties, or interest be paid by an electronic | ||||||
6 | funds transfer, including amounts paid on behalf of an | ||||||
7 | employing unit by an entity representing the employing unit. | ||||||
8 | The regulation shall not apply to an employing unit until the | ||||||
9 | Director notifies the employing unit of the regulation. Except | ||||||
10 | as otherwise provided in this Section, where the employing | ||||||
11 | unit, within 30 days of the date of service of the notice sent | ||||||
12 | pursuant to this amendatory Act of the 98th General Assembly, | ||||||
13 | notifies the Director that it declines to pay by electronic | ||||||
14 | funds transfer, the regulation shall not apply to the employing | ||||||
15 | unit. Except as otherwise provided in this Section, where the | ||||||
16 | employing unit, within 30 days of the date of service of a | ||||||
17 | notice sent pursuant to Section 1509 of this Act, notifies the | ||||||
18 | Director that it declines to pay by electronic funds transfer, | ||||||
19 | the regulation shall not apply to the employing unit with | ||||||
20 | respect to any payment due after the date the employing unit so | ||||||
21 | notifies the Director. The Director is authorized to provide by | ||||||
22 | regulation reasonable penalties for employing units that are | ||||||
23 | subject to and fail to comply with such a regulation. Any | ||||||
24 | employing unit that is not subject to the regulation may elect | ||||||
25 | to become subject to the regulation by paying amounts due for | ||||||
26 | contributions, payments in lieu of contributions, penalties, |
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1 | or interest by an electronic funds transfer. Notwithstanding | ||||||
2 | any other provision to the contrary, in the case of an entity | ||||||
3 | representing 5 or more employing units, neither the entity nor | ||||||
4 | the employing units (for as long as they are represented by | ||||||
5 | that entity) shall have the option to decline to pay by | ||||||
6 | electronic funds transfer. | ||||||
7 | (Source: P.A. 94-723, eff. 1-19-06.)
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8 | (820 ILCS 405/1510) (from Ch. 48, par. 580)
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9 | Sec. 1510. Service
of notice. Whenever service of notice is | ||||||
10 | required by Sections 1400, 1508 , and 1509, such
notice may be | ||||||
11 | given and be complete by depositing the same with the United
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12 | States Mail, addressed to the employer at his last known | ||||||
13 | address. If
represented by counsel in the proceedings before | ||||||
14 | the Director, then service
of notice may be made upon such | ||||||
15 | employer by mailing same to such counsel. If agreed to by the | ||||||
16 | person or entity entitled to notice, notice may be given and | ||||||
17 | completed electronically, in the manner prescribed by rule, by | ||||||
18 | posting the notice on a secure web site accessible to the | ||||||
19 | person or entity and sending notice of the posting to the last | ||||||
20 | known e-mail address of the person or entity.
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21 | (Source: P.A. 97-621, eff. 11-18-11.)
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22 | (820 ILCS 405/1801.1)
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23 | Sec. 1801.1. Directory of New Hires.
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24 | A. The Director shall establish and operate an automated |
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1 | directory of newly
hired employees which shall be known as the | ||||||
2 | "Illinois Directory of New Hires"
which shall contain the | ||||||
3 | information required to be reported by employers to the
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4 | Department under subsection B.
In the administration of the | ||||||
5 | Directory, the Director
shall comply with any requirements | ||||||
6 | concerning the Employer New Hire Reporting
Program established | ||||||
7 | by the
federal Personal Responsibility and Work
Opportunity | ||||||
8 | Reconciliation
Act of 1996. The Director is authorized to use | ||||||
9 | the information contained in
the Directory of New Hires to | ||||||
10 | administer any of the provisions of this Act.
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11 | B. Each employer in Illinois, except a department, agency, | ||||||
12 | or
instrumentality of the United States, shall file with the | ||||||
13 | Department a report
in accordance with rules adopted by the | ||||||
14 | Department (but
in any event not later
than 20 days after the | ||||||
15 | date the employer hires the employee or, in the case of
an | ||||||
16 | employer transmitting reports magnetically or electronically, | ||||||
17 | by 2 monthly
transmissions, if necessary, not less than 12 days | ||||||
18 | nor more than 16 days apart)
providing
the following | ||||||
19 | information concerning each newly hired employee: the
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20 | employee's name, address, and social security number, the date | ||||||
21 | services for remuneration were first performed by the employee, | ||||||
22 | the employee's projected monthly wages, and the employer's | ||||||
23 | name,
address, Federal Employer Identification Number assigned | ||||||
24 | under Section 6109 of
the Internal Revenue Code of 1986, and | ||||||
25 | such other information
as may be required by federal law or | ||||||
26 | regulation,
provided that each employer may voluntarily file |
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1 | the address to which the employer wants income
withholding | ||||||
2 | orders to be mailed, if it is different from the address given | ||||||
3 | on
the Federal Employer Identification Number. An
employer in | ||||||
4 | Illinois which transmits its reports electronically or
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5 | magnetically and which also has employees in another state may | ||||||
6 | report all
newly hired employees to a single designated state | ||||||
7 | in which the employer has
employees if it has so notified the | ||||||
8 | Secretary of the United States Department
of Health and Human | ||||||
9 | Services in writing.
An employer may, at its option, submit | ||||||
10 | information regarding
any rehired employee in the same manner | ||||||
11 | as information is submitted
regarding a newly hired employee.
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12 | Each report required under this
subsection shall, to the extent | ||||||
13 | practicable, be made on an Internal Revenue Service Form W-4 | ||||||
14 | or, at the
option of the employer, an equivalent form, and may | ||||||
15 | be transmitted by first
class mail, by telefax, magnetically, | ||||||
16 | or electronically.
| ||||||
17 | C. An employer which knowingly fails to comply with the | ||||||
18 | reporting
requirements established by this Section shall be | ||||||
19 | subject to a civil penalty of
$15 for each individual whom it | ||||||
20 | fails to report. An employer shall be
considered to have | ||||||
21 | knowingly failed to comply with the reporting requirements
| ||||||
22 | established by this Section with respect to an individual if | ||||||
23 | the employer has
been notified by the Department that it has | ||||||
24 | failed to report
an individual, and it fails, without | ||||||
25 | reasonable cause, to supply the
required information to the | ||||||
26 | Department within 21 days after the date of
mailing of the |
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1 | notice.
Any individual who knowingly conspires with the newly | ||||||
2 | hired
employee to cause the employer
to fail to report the | ||||||
3 | information required by this Section or who knowingly
conspires | ||||||
4 | with the newly hired employee to cause the employer to file a | ||||||
5 | false
or incomplete report shall be guilty of a Class B | ||||||
6 | misdemeanor with a fine not
to exceed $500 with respect to each | ||||||
7 | employee with whom the individual so
conspires.
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8 | D. As used in this Section,
"newly hired employee" means an
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9 | individual who (i) is an employee within the meaning of Chapter | ||||||
10 | 24 of the Internal
Revenue Code of 1986 and (ii) either has not | ||||||
11 | previously been employed by the employer or was previously | ||||||
12 | employed by the employer but has been separated from that prior | ||||||
13 | employment for at least 60 consecutive days; however, "newly | ||||||
14 | hired employee" does not
include
an employee of a federal or | ||||||
15 | State agency performing intelligence or
counterintelligence | ||||||
16 | functions, if the head of that agency has determined that
the | ||||||
17 | filing of the report required by this Section with respect to | ||||||
18 | the employee
could endanger the safety of
the employee
or | ||||||
19 | compromise an ongoing investigation or
intelligence mission.
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20 | Notwithstanding Section 205, and for the purposes of this | ||||||
21 | Section only, the
term "employer" has the meaning given by | ||||||
22 | Section 3401(d) of the Internal
Revenue Code of 1986 and | ||||||
23 | includes any governmental entity and labor
organization as | ||||||
24 | defined by Section 2(5) of the National Labor Relations Act,
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25 | and includes any entity (also known as a hiring hall) which is | ||||||
26 | used by the
organization and an employer to carry out the |
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1 | requirements described in Section
8(f)(3) of that Act of an | ||||||
2 | agreement between the organization and the
employer.
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3 | (Source: P.A. 97-621, eff. 11-18-11; 97-689, eff. 6-14-12; | ||||||
4 | 97-791, eff. 1-1-13; revised 7-23-12.)
| ||||||
5 | (820 ILCS 405/2208.1 new) | ||||||
6 | Sec. 2208.1. Return receipts. Whenever any provision of | ||||||
7 | this Act requires service by certified or registered mail, | ||||||
8 | either a paper return receipt issued by the United States | ||||||
9 | Postal Service or an electronic return receipt issued by the | ||||||
10 | United States Postal Service shall constitute proof of service.
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11 | (820 ILCS 405/2401) (from Ch. 48, par. 721)
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12 | Sec. 2401. Recording and release of lien. A. The lien | ||||||
13 | created by Section 2400 shall be invalid only as to any
| ||||||
14 | innocent purchaser for value of stock in trade of any employer | ||||||
15 | in the usual
course of such employer's business, and shall be | ||||||
16 | invalid as to any innocent
purchaser for value of any of the | ||||||
17 | other assets to which such lien has
attached, unless notice | ||||||
18 | thereof has been filed by the Director in the
office of the | ||||||
19 | recorder of the county within which the property
subject to the | ||||||
20 | lien is situated. The Director may, in his discretion, for
good | ||||||
21 | cause shown and upon the reimbursement of any recording fees | ||||||
22 | paid by the Director with respect to the lien , issue a | ||||||
23 | certificate of withdrawal of notice of lien filed
against any | ||||||
24 | employer, which certificate shall be recorded in the same
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1 | manner as herein provided for the recording of notice of liens. | ||||||
2 | Such
withdrawal of notice of lien shall invalidate such lien as | ||||||
3 | against any
person acquiring any of such employer's property or | ||||||
4 | any interest therein,
subsequent to the recordation of the | ||||||
5 | withdrawal of notice of lien, but
shall not otherwise affect | ||||||
6 | the validity of such lien, nor shall it prevent
the Director | ||||||
7 | from re-recording notice of such lien. In the event notice of
| ||||||
8 | such lien is re-recorded, such notice shall be effective as | ||||||
9 | against third
persons only as of the date of such | ||||||
10 | re-recordation.
| ||||||
11 | B. The recorder of each county shall procure at the expense | ||||||
12 | of
the county a file labeled "Unemployment Compensation | ||||||
13 | Contribution Lien
Notice" and an index book labeled | ||||||
14 | "Unemployment Compensation Contribution
Lien Index." When a | ||||||
15 | notice of any such lien is presented to him for filing,
he | ||||||
16 | shall file it in numerical order in the file and shall enter it
| ||||||
17 | alphabetically in the index. The entry shall show the name and | ||||||
18 | last known
business address of the employer named in the | ||||||
19 | notice, the serial number of
the notice, the date and hour of | ||||||
20 | filing, and the amount of contribution,
interest and penalty | ||||||
21 | thereon due and unpaid. When a certificate of complete
or | ||||||
22 | partial release of such lien issued by the Director is | ||||||
23 | presented for
filing in the office of the recorder where a | ||||||
24 | notice of lien was
filed, the recorder shall permanently attach | ||||||
25 | the certificate of release to
the notice of lien and shall | ||||||
26 | enter the certificate of release and the date
in the |
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| |||||||
1 | Unemployment Compensation Contribution Lien Index on the line | ||||||
2 | where
the notice of lien is entered. In case title to land to | ||||||
3 | be affected by the
Notice of Lien is registered under the | ||||||
4 | provisions of "An Act Concerning
Land Titles", approved May 1, | ||||||
5 | 1897, as amended, such notice shall be
filed in the office of | ||||||
6 | the Registrar of Titles of the county within which
the property | ||||||
7 | subject to the lien is situated and shall be entered upon the
| ||||||
8 | register of titles as a memorial or charge upon each folium of | ||||||
9 | the register
of title affected by such notice, and the Director | ||||||
10 | shall not have a
preference over the rights of any bona fide | ||||||
11 | purchaser, mortgagee, judgment
creditor or other lien holder | ||||||
12 | arising prior to the registration of such
notice.
| ||||||
13 | C. The Director shall have the power to issue a certificate | ||||||
14 | of partial
release of any part of the property subject to the | ||||||
15 | lien , upon the reimbursement of any recording fees paid by the | ||||||
16 | Director with respect to the lien, if he shall find
that the | ||||||
17 | fair market value of that part of such property remaining | ||||||
18 | subject
to the lien is at least equal to the amount of all | ||||||
19 | prior liens upon such
property plus double the amount of the | ||||||
20 | liability for contributions,
interest and penalties thereon | ||||||
21 | remaining unsatisfied.
| ||||||
22 | D. Where the amount of or the liability for the payment of | ||||||
23 | any
contribution, interest or penalty is contested by any | ||||||
24 | employing unit
against whose property a lien has attached, and | ||||||
25 | the determination of the
Director with reference to such | ||||||
26 | contribution has not become final, the
Director may issue a |
| |||||||
| |||||||
1 | certificate of release of lien upon the reimbursement of any | ||||||
2 | recording fees paid by the Director with respect to the lien | ||||||
3 | and the furnishing of
bond by such employing unit in 125% the | ||||||
4 | amount of the sum of such
contribution, interest and penalty, | ||||||
5 | for which lien is claimed, with good
and sufficient surety to | ||||||
6 | be approved by the Director conditioned upon the
prompt payment | ||||||
7 | of such contribution, together with interest and penalty
| ||||||
8 | thereon, by such employing unit to the Director immediately | ||||||
9 | upon the
decision of the Director in respect to the liability | ||||||
10 | for such contribution,
interest and penalty becoming final.
| ||||||
11 | E. When a lien obtained pursuant to this Act has been | ||||||
12 | satisfied and upon the reimbursement of any recording fees paid | ||||||
13 | by the Director with respect to the lien , the
Department shall | ||||||
14 | issue a release to the person, or his agent, against whom
the | ||||||
15 | lien was obtained and such release shall contain in legible | ||||||
16 | letters a
statement as follows:
| ||||||
17 | FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL
| ||||||
18 | BE FILED WITH THE RECORDER OR THE REGISTRAR
| ||||||
19 | OF TITLES, IN WHOSE OFFICE, THE LIEN WAS FILED.
| ||||||
20 | (Source: P.A. 83-358.)
| ||||||
21 | (820 ILCS 405/2800) (from Ch. 48, par. 780)
| ||||||
22 | Sec. 2800. Violations and penalties.
| ||||||
23 | A. It shall be unlawful for any person or employing unit | ||||||
24 | to--
| ||||||
25 | 1. Make a false statement or representation or fail to |
| |||||||
| |||||||
1 | disclose a
material fact:
| ||||||
2 | a. To obtain, or increase, or prevent, or reduce any | ||||||
3 | benefit or payment
under the provisions of this Act, or under | ||||||
4 | the unemployment compensation
law of any State or the Federal | ||||||
5 | Government, either for himself or for any
other person; or
| ||||||
6 | b. To avoid or reduce any contribution or other payment | ||||||
7 | required from an
employing unit under this Act.
| ||||||
8 | 2. Fail to pay a contribution due under the provisions of | ||||||
9 | this Act.
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10 | 3. Fail to furnish any report, audit, or information duly | ||||||
11 | required by
the Director under this Act.
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12 | 4. Refuse to allow the Director or his duly authorized | ||||||
13 | representative to
inspect or copy the pay roll or other records | ||||||
14 | or documents relative to the
enforcement of this Act or | ||||||
15 | required by this Act.
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16 | 5. Make any deduction from the wages of any individual in | ||||||
17 | its employ
because of its liability for the payment of | ||||||
18 | contributions required by this
Act.
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19 | 6. Knowingly fail to furnish to any individual in its | ||||||
20 | employ any notice,
report, or information duly required under | ||||||
21 | the provisions of this Act or
the rules or regulations of the | ||||||
22 | Director.
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23 | 7. Attempt to induce any individual, directly or indirectly | ||||||
24 | (by promise
of re-employment or by threat not to employ or not | ||||||
25 | to re-employ or by any
other means), to refrain from claiming | ||||||
26 | or accepting benefits or to waive
any other rights under this |
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1 | Act; or to maintain a rehiring policy which
discriminates | ||||||
2 | against former individuals in its employ by reason of their
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3 | having claimed benefits.
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4 | 8. Pay contributions upon wages for services not rendered | ||||||
5 | for such
employing unit if the purpose of such payment is | ||||||
6 | either to reduce the
amount of contributions due or to become | ||||||
7 | due from any employing unit or to
affect the benefit rights of | ||||||
8 | any individual.
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9 | 9. Solicit, or aid or abet the solicitation of, information | ||||||
10 | from any
individual concerning his place of employment, | ||||||
11 | residence, assets or
earnings, by any means which are intended | ||||||
12 | to mislead such individual to
believe that the person or | ||||||
13 | employing unit seeking such information is the
Department or | ||||||
14 | one of its Divisions or branches, or a representative
thereof.
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15 | B. Any employing unit or person who willfully violates any | ||||||
16 | provision of
this Section or any other provision of this Act or | ||||||
17 | any rule or regulation
promulgated thereunder, or does any act | ||||||
18 | prohibited by this Act, or who
fails, neglects, or refuses to | ||||||
19 | perform any duty required by any provision
of this Act or rule | ||||||
20 | or regulation of the Director, within the time
prescribed by | ||||||
21 | the Director, for which no penalty has been specifically
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22 | provided, or who fails, neglects, or refuses to obey any lawful | ||||||
23 | order given
or made by the Director, shall be guilty of a Class | ||||||
24 | B misdemeanor, and each
such act, failure, neglect, or refusal | ||||||
25 | shall constitute a separate and
distinct offense. An employing | ||||||
26 | unit's or person's willful filing of a fraudulent quarterly |
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1 | wage report shall constitute a Class 4 felony if the amount of | ||||||
2 | contributions owed with respect to the quarter is less than | ||||||
3 | $300 and a Class 3 felony if the amount of contributions owed | ||||||
4 | with respect to the quarter is $300 or more. An employing | ||||||
5 | unit's or person's willful failure to honor a subpoena issued | ||||||
6 | by the Department shall constitute a Class 4 felony. If a such | ||||||
7 | person or employing unit described in this Section is a | ||||||
8 | corporation, the
president, the secretary, and the treasurer, | ||||||
9 | and any other officer
exercising corresponding functions, | ||||||
10 | shall each be subject to the aforesaid
penalties for the | ||||||
11 | violation of any provisions of this Section of which he
or they | ||||||
12 | had or, in the exercise of his or their duties, ought to have | ||||||
13 | had
knowledge , not including the provisions regarding the | ||||||
14 | filing of a fraudulent quarterly wage report or the willful | ||||||
15 | failure to honor a subpoena .
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16 | (Source: P.A. 77-2439.)
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17 | (820 ILCS 405/1704 rep.)
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18 | (820 ILCS 405/2105 rep.)
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19 | Section 20. The Unemployment Insurance Act is amended by | ||||||
20 | repealing Sections 1704 and 2105.
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law, except that the provisions amending Section 2401 | ||||||
23 | of the Unemployment Insurance Act take effect July 1, 2014.
|