Full Text of HB1041 97th General Assembly
HB1041sam003 97TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 12/3/2012
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| 1 | | AMENDMENT TO HOUSE BILL 1041
| 2 | | AMENDMENT NO. ______. Amend House Bill 1041 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unemployment Insurance Act is amended by | 5 | | changing Section 802 as follows:
| 6 | | (820 ILCS 405/802) (from Ch. 48, par. 472)
| 7 | | Sec. 802.
Appointment of referees and providing legal | 8 | | services in disputed
claims.
| 9 | | A. To hear and decide disputed claims, the Director shall | 10 | | obtain an
adequate number of impartial Referees selected in | 11 | | accordance with the
provisions of the "Personnel Code" enacted | 12 | | by the Sixty-ninth General
Assembly. No person shall | 13 | | participate on behalf of the Director or the
Board of Review in | 14 | | any case in which he is an interested party. The
Director shall | 15 | | provide the Board of Review and such Referees with proper
| 16 | | facilities and supplies and with assistants and employees |
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| 1 | | (selected in
accordance with the provisions of the "Personnel | 2 | | Code" enacted by the
Sixty-ninth General Assembly) necessary | 3 | | for the execution of their
functions.
| 4 | | B. As provided in Section 1700.1, effective January 1, | 5 | | 1989, the Director
shall establish a program for providing | 6 | | services by licensed attorneys at law
to advise and represent, | 7 | | at hearings before the Referee, the Director or the
Director's | 8 | | Representative, or the Board of Review, "small employers", as
| 9 | | defined in rules promulgated by the Director, and issued | 10 | | pursuant to the
results of the study referred to in Section | 11 | | 1700.1, and individuals who
have made a claim for benefits with | 12 | | respect to a week of unemployment,
whose claim has been | 13 | | disputed, and who are eligible under rules promulgated
by the | 14 | | Director which are issued pursuant to the results of the study
| 15 | | referred to in Section 1700.1.
| 16 | | For the period beginning July 1, 1994, and extending | 17 | | through June 30,
1996, no legal services shall be provided | 18 | | under the program established under
this subsection.
| 19 | | For the period beginning July 1, 1990, and extending | 20 | | through June 30,
1991, no legal services shall be provided | 21 | | under the program established
pursuant to this subsection.
| 22 | | For all or any part of the period commencing as of the | 23 | | first day of the first week for which benefits are no longer | 24 | | payable in the State pursuant to the federal Supplemental | 25 | | Appropriations Act, 2008, and extending through June 30, 2014, | 26 | | the Director may suspend the programs established pursuant to |
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| 1 | | this subsection B if, in the Director's judgment, the | 2 | | suspension is necessary to assist in offsetting the loss of | 3 | | federal grants attributable to the fact that the benefits are | 4 | | no longer payable. In the event of the suspension of a program | 5 | | pursuant to this amendatory Act of the 97th General Assembly, a | 6 | | provider of services under the program shall be entitled to | 7 | | compensation upon submission of invoices and proof of claim for | 8 | | supplies and services provided in compliance with its contract | 9 | | under the program, up to and including the date of suspension. | 10 | | (Source: P.A. 88-655, eff. 9-16-94; 89-21, eff. 6-6-95.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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