Sen. Gary Forby

Filed: 5/13/2013





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2    AMENDMENT NO. ______. Amend House Bill 3125 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Department of Employment Security Law of
5the Civil Administrative Code of Illinois is amended by adding
6Section 1005-165 as follows:
7    (20 ILCS 1005/1005-165 new)
8    Sec. 1005-165. Disabled veterans outreach. The Department
9shall employ such disabled veterans outreach program
10specialists as appropriate and efficient according to Section
114103A of Title 38 of the United States Code, or any successor
12legislation, based upon available federal funding for that
14    Section 10. The Veterans' Employment Representative Act is
15amended by changing Sections 1 and 2 as follows:



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1    (330 ILCS 50/1)  (from Ch. 48, par. 186a)
2    Sec. 1. Veteran services; representative. The Department
3of Employment Security Each full service office of the Job
4Service shall assign at least one full time Veterans'
5Employment Representative, defined by title and classification
6under the Personnel Code of Illinois, to each full service
7office of the employment service, to work exclusively in job
8counseling, training, and placement of veterans. Preference
9for these positions shall be given to qualified persons who
10have been members of the armed forces of the United States in
11times of hostilities with a foreign country. Any candidate for
12these positions shall be deemed to have met and satisfied
13examination admission requirements if the candidate served in
14the armed forces during times of hostilities with a foreign
15country and was honorably discharged therefrom due to a
16combat-related disability. The holder of such a position shall
17be administratively responsible to the local office manager,
18and his or her first line responsibility is functional
19supervision of all local office services to veterans. He or she
20may also be delegated line supervision of veteran units,
21assistant local veterans' employment representative, or
22veteran aid. Individualized veterans' services such as
23application taking, counseling, job referral, or training will
24continue to be provided to veterans on a priority basis by all
25local office staff.



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1(Source: P.A. 90-372, eff. 7-1-98.)
2    (330 ILCS 50/2)  (from Ch. 48, par. 186b)
3    Sec. 2. Veteran services; funding. Since funding for these
4veteran services by the employment service Job Service has
5already been provided for by the U.S. Department of Labor, no
6additional funds will be required to carry out the provisions
7of this Act.
8(Source: P.A. 90-372, eff. 7-1-98.)
9    Section 15. The Unemployment Insurance Act is amended by
10changing Sections 1801.1, 2401, and 2800 and by adding Section
112208.1 as follows:
12    (820 ILCS 405/1801.1)
13    Sec. 1801.1. Directory of New Hires.
14    A. The Director shall establish and operate an automated
15directory of newly hired employees which shall be known as the
16"Illinois Directory of New Hires" which shall contain the
17information required to be reported by employers to the
18Department under subsection B. In the administration of the
19Directory, the Director shall comply with any requirements
20concerning the Employer New Hire Reporting Program established
21by the federal Personal Responsibility and Work Opportunity
22Reconciliation Act of 1996. The Director is authorized to use
23the information contained in the Directory of New Hires to



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1administer any of the provisions of this Act.
2    B. Each employer in Illinois, except a department, agency,
3or instrumentality of the United States, shall file with the
4Department a report in accordance with rules adopted by the
5Department (but in any event not later than 20 days after the
6date the employer hires the employee or, in the case of an
7employer transmitting reports magnetically or electronically,
8by 2 monthly transmissions, if necessary, not less than 12 days
9nor more than 16 days apart) providing the following
10information concerning each newly hired employee: the
11employee's name, address, and social security number, the date
12services for remuneration were first performed by the employee,
13the employee's projected monthly wages, and the employer's
14name, address, Federal Employer Identification Number assigned
15under Section 6109 of the Internal Revenue Code of 1986, and
16such other information as may be required by federal law or
17regulation, provided that each employer may voluntarily file
18the address to which the employer wants income withholding
19orders to be mailed, if it is different from the address given
20on the Federal Employer Identification Number. An employer in
21Illinois which transmits its reports electronically or
22magnetically and which also has employees in another state may
23report all newly hired employees to a single designated state
24in which the employer has employees if it has so notified the
25Secretary of the United States Department of Health and Human
26Services in writing. An employer may, at its option, submit



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1information regarding any rehired employee in the same manner
2as information is submitted regarding a newly hired employee.
3Each report required under this subsection shall, to the extent
4practicable, be made on an Internal Revenue Service Form W-4
5or, at the option of the employer, an equivalent form, and may
6be transmitted by first class mail, by telefax, magnetically,
7or electronically.
8    C. An employer which knowingly fails to comply with the
9reporting requirements established by this Section shall be
10subject to a civil penalty of $15 for each individual whom it
11fails to report. An employer shall be considered to have
12knowingly failed to comply with the reporting requirements
13established by this Section with respect to an individual if
14the employer has been notified by the Department that it has
15failed to report an individual, and it fails, without
16reasonable cause, to supply the required information to the
17Department within 21 days after the date of mailing of the
18notice. Any individual who knowingly conspires with the newly
19hired employee to cause the employer to fail to report the
20information required by this Section or who knowingly conspires
21with the newly hired employee to cause the employer to file a
22false or incomplete report shall be guilty of a Class B
23misdemeanor with a fine not to exceed $500 with respect to each
24employee with whom the individual so conspires.
25    D. As used in this Section, "newly hired employee" means an
26individual who (i) is an employee within the meaning of Chapter



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124 of the Internal Revenue Code of 1986 and (ii) either has not
2previously been employed by the employer or was previously
3employed by the employer but has been separated from that prior
4employment for at least 60 consecutive days; however, "newly
5hired employee" does not include an employee of a federal or
6State agency performing intelligence or counterintelligence
7functions, if the head of that agency has determined that the
8filing of the report required by this Section with respect to
9the employee could endanger the safety of the employee or
10compromise an ongoing investigation or intelligence mission.
11    Notwithstanding Section 205, and for the purposes of this
12Section only, the term "employer" has the meaning given by
13Section 3401(d) of the Internal Revenue Code of 1986 and
14includes any governmental entity and labor organization as
15defined by Section 2(5) of the National Labor Relations Act,
16and includes any entity (also known as a hiring hall) which is
17used by the organization and an employer to carry out the
18requirements described in Section 8(f)(3) of that Act of an
19agreement between the organization and the employer.
20(Source: P.A. 97-621, eff. 11-18-11; 97-689, eff. 6-14-12;
2197-791, eff. 1-1-13; revised 7-23-12.)
22    (820 ILCS 405/2208.1 new)
23    Sec. 2208.1. Return receipts. Whenever any provision of
24this Act requires service by certified or registered mail
25either a paper return receipt issued by the United States



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1Postal Service or an electronic return receipt issued by the
2United States Postal Service shall constitute proof of service.
3    (820 ILCS 405/2401)  (from Ch. 48, par. 721)
4    Sec. 2401. Recording and release of lien. A. The lien
5created by Section 2400 shall be invalid only as to any
6innocent purchaser for value of stock in trade of any employer
7in the usual course of such employer's business, and shall be
8invalid as to any innocent purchaser for value of any of the
9other assets to which such lien has attached, unless notice
10thereof has been filed by the Director in the office of the
11recorder of the county within which the property subject to the
12lien is situated. The Director may, in his discretion, for good
13cause shown and upon the reimbursement of any recording fees
14paid by the Director with respect to the lien, issue a
15certificate of withdrawal of notice of lien filed against any
16employer, which certificate shall be recorded in the same
17manner as herein provided for the recording of notice of liens.
18Such withdrawal of notice of lien shall invalidate such lien as
19against any person acquiring any of such employer's property or
20any interest therein, subsequent to the recordation of the
21withdrawal of notice of lien, but shall not otherwise affect
22the validity of such lien, nor shall it prevent the Director
23from re-recording notice of such lien. In the event notice of
24such lien is re-recorded, such notice shall be effective as
25against third persons only as of the date of such



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2    B. The recorder of each county shall procure at the expense
3of the county a file labeled "Unemployment Compensation
4Contribution Lien Notice" and an index book labeled
5"Unemployment Compensation Contribution Lien Index." When a
6notice of any such lien is presented to him for filing, he
7shall file it in numerical order in the file and shall enter it
8alphabetically in the index. The entry shall show the name and
9last known business address of the employer named in the
10notice, the serial number of the notice, the date and hour of
11filing, and the amount of contribution, interest and penalty
12thereon due and unpaid. When a certificate of complete or
13partial release of such lien issued by the Director is
14presented for filing in the office of the recorder where a
15notice of lien was filed, the recorder shall permanently attach
16the certificate of release to the notice of lien and shall
17enter the certificate of release and the date in the
18Unemployment Compensation Contribution Lien Index on the line
19where the notice of lien is entered. In case title to land to
20be affected by the Notice of Lien is registered under the
21provisions of "An Act Concerning Land Titles", approved May 1,
221897, as amended, such notice shall be filed in the office of
23the Registrar of Titles of the county within which the property
24subject to the lien is situated and shall be entered upon the
25register of titles as a memorial or charge upon each folium of
26the register of title affected by such notice, and the Director



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1shall not have a preference over the rights of any bona fide
2purchaser, mortgagee, judgment creditor or other lien holder
3arising prior to the registration of such notice.
4    C. The Director shall have the power to issue a certificate
5of partial release of any part of the property subject to the
6lien, upon the reimbursement of any recording fees paid by the
7Director with respect to the lien, if he shall find that the
8fair market value of that part of such property remaining
9subject to the lien is at least equal to the amount of all
10prior liens upon such property plus double the amount of the
11liability for contributions, interest and penalties thereon
12remaining unsatisfied.
13    D. Where the amount of or the liability for the payment of
14any contribution, interest or penalty is contested by any
15employing unit against whose property a lien has attached, and
16the determination of the Director with reference to such
17contribution has not become final, the Director may issue a
18certificate of release of lien upon the reimbursement of any
19recording fees paid by the Director with respect to the lien
20and the furnishing of bond by such employing unit in 125% the
21amount of the sum of such contribution, interest and penalty,
22for which lien is claimed, with good and sufficient surety to
23be approved by the Director conditioned upon the prompt payment
24of such contribution, together with interest and penalty
25thereon, by such employing unit to the Director immediately
26upon the decision of the Director in respect to the liability



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1for such contribution, interest and penalty becoming final.
2    E. When a lien obtained pursuant to this Act has been
3satisfied and upon the reimbursement of any recording fees paid
4by the Director with respect to the lien, the Department shall
5issue a release to the person, or his agent, against whom the
6lien was obtained and such release shall contain in legible
7letters a statement as follows:
11(Source: P.A. 83-358.)
12    (820 ILCS 405/2800)  (from Ch. 48, par. 780)
13    Sec. 2800. Violations and penalties.
14    A. It shall be unlawful for any person or employing unit
16    1. Make a false statement or representation or fail to
17disclose a material fact:
18    a. To obtain, or increase, or prevent, or reduce any
19benefit or payment under the provisions of this Act, or under
20the unemployment compensation law of any State or the Federal
21Government, either for himself or for any other person; or
22    b. To avoid or reduce any contribution or other payment
23required from an employing unit under this Act.
24    2. Fail to pay a contribution due under the provisions of
25this Act.



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1    3. Fail to furnish any report, audit, or information duly
2required by the Director under this Act.
3    4. Refuse to allow the Director or his duly authorized
4representative to inspect or copy the pay roll or other records
5or documents relative to the enforcement of this Act or
6required by this Act.
7    5. Make any deduction from the wages of any individual in
8its employ because of its liability for the payment of
9contributions required by this Act.
10    6. Knowingly fail to furnish to any individual in its
11employ any notice, report, or information duly required under
12the provisions of this Act or the rules or regulations of the
14    7. Attempt to induce any individual, directly or indirectly
15(by promise of re-employment or by threat not to employ or not
16to re-employ or by any other means), to refrain from claiming
17or accepting benefits or to waive any other rights under this
18Act; or to maintain a rehiring policy which discriminates
19against former individuals in its employ by reason of their
20having claimed benefits.
21    8. Pay contributions upon wages for services not rendered
22for such employing unit if the purpose of such payment is
23either to reduce the amount of contributions due or to become
24due from any employing unit or to affect the benefit rights of
25any individual.
26    9. Solicit, or aid or abet the solicitation of, information



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1from any individual concerning his place of employment,
2residence, assets or earnings, by any means which are intended
3to mislead such individual to believe that the person or
4employing unit seeking such information is the Department or
5one of its Divisions or branches, or a representative thereof.
6    B. Any employing unit or person who willfully violates any
7provision of this Section or any other provision of this Act or
8any rule or regulation promulgated thereunder, or does any act
9prohibited by this Act, or who fails, neglects, or refuses to
10perform any duty required by any provision of this Act or rule
11or regulation of the Director, within the time prescribed by
12the Director, for which no penalty has been specifically
13provided, or who fails, neglects, or refuses to obey any lawful
14order given or made by the Director, shall be guilty of a Class
15B misdemeanor, and each such act, failure, neglect, or refusal
16shall constitute a separate and distinct offense. An employing
17unit's or person's willful filing of a fraudulent quarterly
18wage report shall constitute a Class 4 felony if the amount of
19contributions owed with respect to the quarter is less than
20$300 and a Class 3 felony if the amount of contributions owed
21with respect to the quarter is $300 or more. An employing
22unit's or person's willful failure to honor a subpoena issued
23by the Department shall constitute a Class 4 felony. If a such
24person or employing unit described in this Section is a
25corporation, the president, the secretary, and the treasurer,
26and any other officer exercising corresponding functions,



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1shall each be subject to the aforesaid penalties for the
2violation of any provisions of this Section of which he or they
3had or, in the exercise of his or their duties, ought to have
4had knowledge, not including the provisions regarding the
5filing of a fraudulent quarterly wage report or the willful
6failure to honor a subpoena.
7(Source: P.A. 77-2439.)
8    (820 ILCS 405/1704 rep.)
9    (820 ILCS 405/2105 rep.)
10    Section 20. The Unemployment Insurance Act is amended by
11repealing Sections 1704 and 2105.
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".