Sen. Gary Forby

Filed: 5/14/2013





09800HB3125sam002LRB098 09274 JLS 45845 a


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
6changing Section 1005-47 and by adding Section 1005-165 as
8    (20 ILCS 1005/1005-47)
9    Sec. 1005-47. Illinois Skills Match
11    (a) The Department of Employment Security, through its Illinois Skills Match System, or a
13successor system, shall maintain a web site that allows job
14seekers to search online for employment opportunities that
15match the skills of the person seeking employment.
16    (b) Each executive branch State agency and any individual



09800HB3125sam002- 2 -LRB098 09274 JLS 45845 a

1or entity that is party to a contract with an executive branch
2State Agency, except those individuals or entities that are
3party to a contract with a bona fide labor organization and
4perform construction or construction-related services as
5defined in Section 1-15.20 of the Illinois Procurement Code
6agencies with one or more positions subject to any jurisdiction
7of the Personnel Code, must either (i) post employment
8vacancies on the Department's Skills Match
9System or its successor system or (ii) provide an online link
10to its employment vacancies so that this link is accessible
11through the web page of the Illinois Skills
12Match System or its successor system. "State agency" has the
13meaning as defined in Section 1-5 of the State Officials and
14Employees Ethics Act and, for purposes of this Section,
15includes community colleges. "Contract" has the meaning given
16that term in Section 1-15.30 of the Illinois Procurement Code.
17The Department of Central Management Services shall comply with
18this Section on behalf of executive branch State agencies with
19one or more positions subject to any jurisdiction of the
20Personnel Code provide an online link to its State employment
21information and career services web page so that this link is
22accessible through the web page of the Illinois Skills Match
23System or its successor system.
24    This Section does not apply to positions exempt from the
25requirements of the Rutan decision.
26    (c) All units of local government, school districts, and



09800HB3125sam002- 3 -LRB098 09274 JLS 45845 a

1other public and private employers not subject to subsection
2(b) may, and are encouraged to, post employment vacancies on
3the Illinois Skills Match System or
4successor system.
5    (d) The Department may not charge any employer or any
6person seeking employment a fee for using the Illinois Skills Match System or successor
9    (e) The Department is authorized to adopt all rules
10necessary to implement and administer the
11Illinois Skills Match System or any successor system under this
13(Source: P.A. 94-786, eff. 7-1-07.)
14    (20 ILCS 1005/1005-165 new)
15    Sec. 1005-165. Disabled veterans outreach. The Department
16shall employ such disabled veterans outreach program
17specialists as appropriate and efficient according to Section
184103A of Title 38 of the United States Code, or any successor
19legislation, based upon available federal funding for that
21    Section 10. The Veterans' Employment Representative Act is
22amended by changing Sections 1 and 2 as follows:
23    (330 ILCS 50/1)  (from Ch. 48, par. 186a)



09800HB3125sam002- 4 -LRB098 09274 JLS 45845 a

1    Sec. 1. Veteran services; representative. The Department
2of Employment Security Each full service office of the Job
3Service shall assign at least one full time Veterans'
4Employment Representative, defined by title and classification
5under the Personnel Code of Illinois, to each full service
6office of the employment service, to work exclusively in job
7counseling, training, and placement of veterans. Preference
8for these positions shall be given to qualified persons who
9have been members of the armed forces of the United States in
10times of hostilities with a foreign country. Any candidate for
11these positions shall be deemed to have met and satisfied
12examination admission requirements if the candidate served in
13the armed forces during times of hostilities with a foreign
14country and was honorably discharged therefrom due to a
15combat-related disability. The holder of such a position shall
16be administratively responsible to the local office manager,
17and his or her first line responsibility is functional
18supervision of all local office services to veterans. He or she
19may also be delegated line supervision of veteran units,
20assistant local veterans' employment representative, or
21veteran aid. Individualized veterans' services such as
22application taking, counseling, job referral, or training will
23continue to be provided to veterans on a priority basis by all
24local office staff.
25(Source: P.A. 90-372, eff. 7-1-98.)



09800HB3125sam002- 5 -LRB098 09274 JLS 45845 a

1    (330 ILCS 50/2)  (from Ch. 48, par. 186b)
2    Sec. 2. Veteran services; funding. Since funding for these
3veteran services by the employment service Job Service has
4already been provided for by the U.S. Department of Labor, no
5additional funds will be required to carry out the provisions
6of this Act.
7(Source: P.A. 90-372, eff. 7-1-98.)
8    Section 15. The Unemployment Insurance Act is amended by
9changing Sections 1400, 1510, 1801.1, 2401, and 2800 and by
10adding Section 2208.1 as follows:
11    (820 ILCS 405/1400)  (from Ch. 48, par. 550)
12    Sec. 1400. Payment of contributions. On and after July 1,
131937, contributions shall accrue and become payable by each
14employer for each calendar year in which he is subject to this
15Act, with respect to wages payable for employment occurring
16during the six months' period beginning July 1, 1937, and the
17calendar years 1938, 1939, and 1940. For the year 1941 and for
18each calendar year thereafter, contributions shall accrue and
19become payable by each employer upon the wages paid with
20respect to employment after December 31, 1940. Except as
21otherwise provided in Section 1400.2, such contributions shall
22become due and shall be paid quarterly on or before the last
23day of the month next following the calendar quarter for which
24such contributions have accrued; except that any employer who



09800HB3125sam002- 6 -LRB098 09274 JLS 45845 a

1is delinquent in filing a contribution report or in paying his
2contributions for any calendar quarter may, at the discretion
3of the Director, be required to report and to pay contributions
4on a calendar month basis. Such contributions shall not be
5deducted, in whole or in part, from the wages of individuals in
6such employer's employ. If the Director shall find that the
7collection of any contributions will be jeopardized by delay,
8he may declare the same to be immediately due and payable.
9    In the payment of any contributions, interest, or
10penalties, a fractional part of a cent shall be disregarded
11unless it amounts to one-half cent or more, in which case it
12shall be increased to one cent.
13    The Director may by regulation provide that if, at any
14time, a total amount of less than $2 is payable with respect to
15a quarter, including any contributions, payments in lieu of
16contributions, interest or penalties, such amount may be
17disregarded. Any amounts disregarded under this paragraph are
18deemed to have been paid for all other purposes of this Act.
19Nothing in this paragraph is intended to relieve any employer
20from filing any reports required by this Act or by any rules or
21regulations adopted by the Director pursuant to this Act.
22    Except with respect to the provisions concerning amounts
23that may be disregarded pursuant to regulation, this Section
24does not apply to any nonprofit organization or any
25governmental entity referred to in subsection B of Section 1405
26for any period with respect to which it does not incur



09800HB3125sam002- 7 -LRB098 09274 JLS 45845 a

1liability for the payment of contributions by reason of having
2elected to make payments in lieu of contributions, or to any
3political subdivision or municipal corporation for any period
4with respect to which it is not subject to payments in lieu of
5contributions under the provisions of paragraph 1 of Section
6302C by reason of having elected to make payments in lieu of
7contributions under paragraph 2 of that Section, or to the
8State of Illinois or any of its instrumentalities.
9    The Director may, by regulation, provide that amounts due
10from an employing unit for contributions, payments in lieu of
11contributions, penalties, or interest be paid by an electronic
12funds transfer, including amounts paid on behalf of an
13employing unit by an entity representing the employing unit.
14The regulation shall not apply to an employing unit until the
15Director notifies the employing unit of the regulation. Except
16as otherwise provided in this Section, where the employing
17unit, within 30 days of the date of service of the notice sent
18pursuant to this amendatory Act of the 98th General Assembly,
19notifies the Director that it declines to pay by electronic
20funds transfer, the regulation shall not apply to the employing
21unit. Except as otherwise provided in this Section, where the
22employing unit, within 30 days of the date of service of a
23notice sent pursuant to Section 1509, notifies the Director
24that it declines to pay by electronic funds transfer, the
25regulation shall not apply to the employing unit with respect
26to any payment due after the date the employing unit so



09800HB3125sam002- 8 -LRB098 09274 JLS 45845 a

1notifies the Director. The Director is authorized to provide by
2regulation reasonable penalties for employing units which are
3subject to and fail to comply with such a regulation. Any
4employing unit that is not subject to the regulation may elect
5to become subject to the regulation by paying amounts due for
6contributions, payments in lieu of contributions, penalties,
7or interest by an electronic funds transfer. Notwithstanding
8any other provision to the contrary, in the case of an entity
9representing 5 or more employing units, neither the entity nor
10the employing units (for as long as they are represented by
11that entity) shall have the option to decline to pay by
12electronic funds transfer.
13(Source: P.A. 94-723, eff. 1-19-06.)
14    (820 ILCS 405/1510)  (from Ch. 48, par. 580)
15    Sec. 1510. Service of notice. Whenever service of notice is
16required by Sections 1400, 1508, and 1509, such notice may be
17given and be complete by depositing the same with the United
18States Mail, addressed to the employer at his last known
19address. If represented by counsel in the proceedings before
20the Director, then service of notice may be made upon such
21employer by mailing same to such counsel. If agreed to by the
22person or entity entitled to notice, notice may be given and
23completed electronically, in the manner prescribed by rule, by
24posting the notice on a secure web site accessible to the
25person or entity and sending notice of the posting to the last



09800HB3125sam002- 9 -LRB098 09274 JLS 45845 a

1known e-mail address of the person or entity.
2(Source: P.A. 97-621, eff. 11-18-11.)
3    (820 ILCS 405/1801.1)
4    Sec. 1801.1. Directory of New Hires.
5    A. The Director shall establish and operate an automated
6directory of newly hired employees which shall be known as the
7"Illinois Directory of New Hires" which shall contain the
8information required to be reported by employers to the
9Department under subsection B. In the administration of the
10Directory, the Director shall comply with any requirements
11concerning the Employer New Hire Reporting Program established
12by the federal Personal Responsibility and Work Opportunity
13Reconciliation Act of 1996. The Director is authorized to use
14the information contained in the Directory of New Hires to
15administer any of the provisions of this Act.
16    B. Each employer in Illinois, except a department, agency,
17or instrumentality of the United States, shall file with the
18Department a report in accordance with rules adopted by the
19Department (but in any event not later than 20 days after the
20date the employer hires the employee or, in the case of an
21employer transmitting reports magnetically or electronically,
22by 2 monthly transmissions, if necessary, not less than 12 days
23nor more than 16 days apart) providing the following
24information concerning each newly hired employee: the
25employee's name, address, and social security number, the date



09800HB3125sam002- 10 -LRB098 09274 JLS 45845 a

1services for remuneration were first performed by the employee,
2the employee's projected monthly wages, and the employer's
3name, address, Federal Employer Identification Number assigned
4under Section 6109 of the Internal Revenue Code of 1986, and
5such other information as may be required by federal law or
6regulation, provided that each employer may voluntarily file
7the address to which the employer wants income withholding
8orders to be mailed, if it is different from the address given
9on the Federal Employer Identification Number. An employer in
10Illinois which transmits its reports electronically or
11magnetically and which also has employees in another state may
12report all newly hired employees to a single designated state
13in which the employer has employees if it has so notified the
14Secretary of the United States Department of Health and Human
15Services in writing. An employer may, at its option, submit
16information regarding any rehired employee in the same manner
17as information is submitted regarding a newly hired employee.
18Each report required under this subsection shall, to the extent
19practicable, be made on an Internal Revenue Service Form W-4
20or, at the option of the employer, an equivalent form, and may
21be transmitted by first class mail, by telefax, magnetically,
22or electronically.
23    C. An employer which knowingly fails to comply with the
24reporting requirements established by this Section shall be
25subject to a civil penalty of $15 for each individual whom it
26fails to report. An employer shall be considered to have



09800HB3125sam002- 11 -LRB098 09274 JLS 45845 a

1knowingly failed to comply with the reporting requirements
2established by this Section with respect to an individual if
3the employer has been notified by the Department that it has
4failed to report an individual, and it fails, without
5reasonable cause, to supply the required information to the
6Department within 21 days after the date of mailing of the
7notice. Any individual who knowingly conspires with the newly
8hired employee to cause the employer to fail to report the
9information required by this Section or who knowingly conspires
10with the newly hired employee to cause the employer to file a
11false or incomplete report shall be guilty of a Class B
12misdemeanor with a fine not to exceed $500 with respect to each
13employee with whom the individual so conspires.
14    D. As used in this Section, "newly hired employee" means an
15individual who (i) is an employee within the meaning of Chapter
1624 of the Internal Revenue Code of 1986 and (ii) either has not
17previously been employed by the employer or was previously
18employed by the employer but has been separated from that prior
19employment for at least 60 consecutive days; however, "newly
20hired employee" does not include an employee of a federal or
21State agency performing intelligence or counterintelligence
22functions, if the head of that agency has determined that the
23filing of the report required by this Section with respect to
24the employee could endanger the safety of the employee or
25compromise an ongoing investigation or intelligence mission.
26    Notwithstanding Section 205, and for the purposes of this



09800HB3125sam002- 12 -LRB098 09274 JLS 45845 a

1Section only, the term "employer" has the meaning given by
2Section 3401(d) of the Internal Revenue Code of 1986 and
3includes any governmental entity and labor organization as
4defined by Section 2(5) of the National Labor Relations Act,
5and includes any entity (also known as a hiring hall) which is
6used by the organization and an employer to carry out the
7requirements described in Section 8(f)(3) of that Act of an
8agreement between the organization and the employer.
9(Source: P.A. 97-621, eff. 11-18-11; 97-689, eff. 6-14-12;
1097-791, eff. 1-1-13; revised 7-23-12.)
11    (820 ILCS 405/2208.1 new)
12    Sec. 2208.1. Return receipts. Whenever any provision of
13this Act requires service by certified or registered mail
14either a paper return receipt issued by the United States
15Postal Service or an electronic return receipt issued by the
16United States Postal Service shall constitute proof of service.
17    (820 ILCS 405/2401)  (from Ch. 48, par. 721)
18    Sec. 2401. Recording and release of lien. A. The lien
19created by Section 2400 shall be invalid only as to any
20innocent purchaser for value of stock in trade of any employer
21in the usual course of such employer's business, and shall be
22invalid as to any innocent purchaser for value of any of the
23other assets to which such lien has attached, unless notice
24thereof has been filed by the Director in the office of the



09800HB3125sam002- 13 -LRB098 09274 JLS 45845 a

1recorder of the county within which the property subject to the
2lien is situated. The Director may, in his discretion, for good
3cause shown and upon the reimbursement of any recording fees
4paid by the Director with respect to the lien, issue a
5certificate of withdrawal of notice of lien filed against any
6employer, which certificate shall be recorded in the same
7manner as herein provided for the recording of notice of liens.
8Such withdrawal of notice of lien shall invalidate such lien as
9against any person acquiring any of such employer's property or
10any interest therein, subsequent to the recordation of the
11withdrawal of notice of lien, but shall not otherwise affect
12the validity of such lien, nor shall it prevent the Director
13from re-recording notice of such lien. In the event notice of
14such lien is re-recorded, such notice shall be effective as
15against third persons only as of the date of such
17    B. The recorder of each county shall procure at the expense
18of the county a file labeled "Unemployment Compensation
19Contribution Lien Notice" and an index book labeled
20"Unemployment Compensation Contribution Lien Index." When a
21notice of any such lien is presented to him for filing, he
22shall file it in numerical order in the file and shall enter it
23alphabetically in the index. The entry shall show the name and
24last known business address of the employer named in the
25notice, the serial number of the notice, the date and hour of
26filing, and the amount of contribution, interest and penalty



09800HB3125sam002- 14 -LRB098 09274 JLS 45845 a

1thereon due and unpaid. When a certificate of complete or
2partial release of such lien issued by the Director is
3presented for filing in the office of the recorder where a
4notice of lien was filed, the recorder shall permanently attach
5the certificate of release to the notice of lien and shall
6enter the certificate of release and the date in the
7Unemployment Compensation Contribution Lien Index on the line
8where the notice of lien is entered. In case title to land to
9be affected by the Notice of Lien is registered under the
10provisions of "An Act Concerning Land Titles", approved May 1,
111897, as amended, such notice shall be filed in the office of
12the Registrar of Titles of the county within which the property
13subject to the lien is situated and shall be entered upon the
14register of titles as a memorial or charge upon each folium of
15the register of title affected by such notice, and the Director
16shall not have a preference over the rights of any bona fide
17purchaser, mortgagee, judgment creditor or other lien holder
18arising prior to the registration of such notice.
19    C. The Director shall have the power to issue a certificate
20of partial release of any part of the property subject to the
21lien, upon the reimbursement of any recording fees paid by the
22Director with respect to the lien, if he shall find that the
23fair market value of that part of such property remaining
24subject to the lien is at least equal to the amount of all
25prior liens upon such property plus double the amount of the
26liability for contributions, interest and penalties thereon



09800HB3125sam002- 15 -LRB098 09274 JLS 45845 a

1remaining unsatisfied.
2    D. Where the amount of or the liability for the payment of
3any contribution, interest or penalty is contested by any
4employing unit against whose property a lien has attached, and
5the determination of the Director with reference to such
6contribution has not become final, the Director may issue a
7certificate of release of lien upon the reimbursement of any
8recording fees paid by the Director with respect to the lien
9and the furnishing of bond by such employing unit in 125% the
10amount of the sum of such contribution, interest and penalty,
11for which lien is claimed, with good and sufficient surety to
12be approved by the Director conditioned upon the prompt payment
13of such contribution, together with interest and penalty
14thereon, by such employing unit to the Director immediately
15upon the decision of the Director in respect to the liability
16for such contribution, interest and penalty becoming final.
17    E. When a lien obtained pursuant to this Act has been
18satisfied and upon the reimbursement of any recording fees paid
19by the Director with respect to the lien, the Department shall
20issue a release to the person, or his agent, against whom the
21lien was obtained and such release shall contain in legible
22letters a statement as follows:
26(Source: P.A. 83-358.)



09800HB3125sam002- 16 -LRB098 09274 JLS 45845 a

1    (820 ILCS 405/2800)  (from Ch. 48, par. 780)
2    Sec. 2800. Violations and penalties.
3    A. It shall be unlawful for any person or employing unit
5    1. Make a false statement or representation or fail to
6disclose a material fact:
7    a. To obtain, or increase, or prevent, or reduce any
8benefit or payment under the provisions of this Act, or under
9the unemployment compensation law of any State or the Federal
10Government, either for himself or for any other person; or
11    b. To avoid or reduce any contribution or other payment
12required from an employing unit under this Act.
13    2. Fail to pay a contribution due under the provisions of
14this Act.
15    3. Fail to furnish any report, audit, or information duly
16required by the Director under this Act.
17    4. Refuse to allow the Director or his duly authorized
18representative to inspect or copy the pay roll or other records
19or documents relative to the enforcement of this Act or
20required by this Act.
21    5. Make any deduction from the wages of any individual in
22its employ because of its liability for the payment of
23contributions required by this Act.
24    6. Knowingly fail to furnish to any individual in its
25employ any notice, report, or information duly required under



09800HB3125sam002- 17 -LRB098 09274 JLS 45845 a

1the provisions of this Act or the rules or regulations of the
3    7. Attempt to induce any individual, directly or indirectly
4(by promise of re-employment or by threat not to employ or not
5to re-employ or by any other means), to refrain from claiming
6or accepting benefits or to waive any other rights under this
7Act; or to maintain a rehiring policy which discriminates
8against former individuals in its employ by reason of their
9having claimed benefits.
10    8. Pay contributions upon wages for services not rendered
11for such employing unit if the purpose of such payment is
12either to reduce the amount of contributions due or to become
13due from any employing unit or to affect the benefit rights of
14any individual.
15    9. Solicit, or aid or abet the solicitation of, information
16from any individual concerning his place of employment,
17residence, assets or earnings, by any means which are intended
18to mislead such individual to believe that the person or
19employing unit seeking such information is the Department or
20one of its Divisions or branches, or a representative thereof.
21    B. Any employing unit or person who willfully violates any
22provision of this Section or any other provision of this Act or
23any rule or regulation promulgated thereunder, or does any act
24prohibited by this Act, or who fails, neglects, or refuses to
25perform any duty required by any provision of this Act or rule
26or regulation of the Director, within the time prescribed by



09800HB3125sam002- 18 -LRB098 09274 JLS 45845 a

1the Director, for which no penalty has been specifically
2provided, or who fails, neglects, or refuses to obey any lawful
3order given or made by the Director, shall be guilty of a Class
4B misdemeanor, and each such act, failure, neglect, or refusal
5shall constitute a separate and distinct offense. An employing
6unit's or person's willful filing of a fraudulent quarterly
7wage report shall constitute a Class 4 felony if the amount of
8contributions owed with respect to the quarter is less than
9$300 and a Class 3 felony if the amount of contributions owed
10with respect to the quarter is $300 or more. An employing
11unit's or person's willful failure to honor a subpoena issued
12by the Department shall constitute a Class 4 felony. If a such
13person or employing unit described in this Section is a
14corporation, the president, the secretary, and the treasurer,
15and any other officer exercising corresponding functions,
16shall each be subject to the aforesaid penalties for the
17violation of any provisions of this Section of which he or they
18had or, in the exercise of his or their duties, ought to have
19had knowledge, not including the provisions regarding the
20filing of a fraudulent quarterly wage report or the willful
21failure to honor a subpoena.
22(Source: P.A. 77-2439.)
23    (820 ILCS 405/1704 rep.)
24    (820 ILCS 405/2105 rep.)
25    Section 20. The Unemployment Insurance Act is amended by



09800HB3125sam002- 19 -LRB098 09274 JLS 45845 a

1repealing Sections 1704 and 2105.
2    Section 99. Effective date. This Act takes effect upon
3becoming law, except that the provisions amending Section 2401
4of the Unemployment Insurance Act take effect July 1, 2014.".