HB3125 EnrolledLRB098 09274 JLS 39414 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Employment Security Law of the
5Civil Administrative Code of Illinois is amended by changing
6Section 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
10    (a) The Department of Employment Security, through its
11IllinoisJobLink.com Illinois Skills Match System, or a
12successor system, shall maintain a web site that allows job
13seekers to search online for employment opportunities that
14match the skills of the person seeking employment.
15    (b) Each executive branch State agency and any individual
16or entity that is party to a contract with an executive branch
17State agency, except those individuals or entities that are
18party to a contract with a bona fide labor organization and
19perform construction or construction-related services as
20defined in Section 1-15.20 of the Illinois Procurement Code
21agencies with one or more positions subject to any jurisdiction
22of the Personnel Code, must either (i) post employment
23vacancies on the Department's IllinoisJobLink.com Skills Match



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1System or its successor system or (ii) provide an online link
2to its employment vacancies so that this link is accessible
3through the web page of the IllinoisJobLink.com Illinois Skills
4Match System or its successor system. "State agency" has the
5meaning as defined in Section 1-5 of the State Officials and
6Employees Ethics Act and, for purposes of this Section,
7includes community colleges. "Contract" has the meaning given
8to that term in Section 1-15.30 of the Illinois Procurement
9Code. The Department of Central Management Services shall
10comply with this Section on behalf of executive branch State
11agencies with one or more positions subject to any jurisdiction
12of the Personnel Code provide an online link to its State
13employment information and career services web page so that
14this link is accessible through the web page of the Illinois
15Skills Match System or its successor system.
16    This Section does not apply to positions exempt from the
17requirements of the Rutan decision or to construction-related
18services as defined in Section 1-15.20 of the Illinois
19Procurement Code.
20    (c) All units of local government, school districts, and
21other public and private employers not subject to subsection
22(b) may, and are encouraged to, post employment vacancies on
23the IllinoisJobLink.com Illinois Skills Match System or
24successor system.
25    (d) The Department may not charge any employer or any
26person seeking employment a fee for using the



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1IllinoisJobLink.com Illinois Skills Match System or successor
3    (e) The Department is authorized to adopt all rules
4necessary to implement and administer the IllinoisJobLink.com
5Illinois Skills Match System or any successor system under this
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
10shall employ such disabled veterans outreach program
11specialists as appropriate and efficient according to Section
124103A of Title 38 of the United States Code, or any successor
13legislation, based upon available federal funding for that
15    Section 10. The Veterans' Employment Representative Act is
16amended by changing Sections 1 and 2 as follows:
17    (330 ILCS 50/1)  (from Ch. 48, par. 186a)
18    Sec. 1. Veteran services; representative. The Department
19of Employment Security Each full service office of the Job
20Service shall assign at least one full time Veterans'
21Employment Representative, defined by title and classification
22under the Personnel Code of Illinois, to each full service
23office of the employment service, to work exclusively in job



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1counseling, training, and placement of veterans. Preference
2for these positions shall be given to qualified persons who
3have been members of the armed forces of the United States in
4times of hostilities with a foreign country. Any candidate for
5these positions shall be deemed to have met and satisfied
6examination admission requirements if the candidate served in
7the armed forces during times of hostilities with a foreign
8country and was honorably discharged therefrom due to a
9combat-related disability. The holder of such a position shall
10be administratively responsible to the local office manager,
11and his or her first line responsibility is functional
12supervision of all local office services to veterans. He or she
13may also be delegated line supervision of veteran units,
14assistant local veterans' employment representative, or
15veteran aid. Individualized veterans' services such as
16application taking, counseling, job referral, or training will
17continue to be provided to veterans on a priority basis by all
18local office staff.
19(Source: P.A. 90-372, eff. 7-1-98.)
20    (330 ILCS 50/2)  (from Ch. 48, par. 186b)
21    Sec. 2. Veteran services; funding. Since funding for these
22veteran services by the employment service Job Service has
23already been provided for by the U.S. Department of Labor, no
24additional funds will be required to carry out the provisions
25of this Act.



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1(Source: P.A. 90-372, eff. 7-1-98.)
2    Section 15. The Unemployment Insurance Act is amended by
3changing Sections 1400, 1510, 1801.1, 2401, and 2800 and by
4adding Section 2208.1 as follows:
5    (820 ILCS 405/1400)  (from Ch. 48, par. 550)
6    Sec. 1400. Payment of contributions. On and after July 1,
71937, contributions shall accrue and become payable by each
8employer for each calendar year in which he is subject to this
9Act, with respect to wages payable for employment occurring
10during the six months' period beginning July 1, 1937, and the
11calendar years 1938, 1939, and 1940. For the year 1941 and for
12each calendar year thereafter, contributions shall accrue and
13become payable by each employer upon the wages paid with
14respect to employment after December 31, 1940. Except as
15otherwise provided in Section 1400.2, such contributions shall
16become due and shall be paid quarterly on or before the last
17day of the month next following the calendar quarter for which
18such contributions have accrued; except that any employer who
19is delinquent in filing a contribution report or in paying his
20contributions for any calendar quarter may, at the discretion
21of the Director, be required to report and to pay contributions
22on a calendar month basis. Such contributions shall not be
23deducted, in whole or in part, from the wages of individuals in
24such employer's employ. If the Director shall find that the



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1collection of any contributions will be jeopardized by delay,
2he may declare the same to be immediately due and payable.
3    In the payment of any contributions, interest, or
4penalties, a fractional part of a cent shall be disregarded
5unless it amounts to one-half cent or more, in which case it
6shall be increased to one cent.
7    The Director may by regulation provide that if, at any
8time, a total amount of less than $2 is payable with respect to
9a quarter, including any contributions, payments in lieu of
10contributions, interest or penalties, such amount may be
11disregarded. Any amounts disregarded under this paragraph are
12deemed to have been paid for all other purposes of this Act.
13Nothing in this paragraph is intended to relieve any employer
14from filing any reports required by this Act or by any rules or
15regulations adopted by the Director pursuant to this Act.
16    Except with respect to the provisions concerning amounts
17that may be disregarded pursuant to regulation, this Section
18does not apply to any nonprofit organization or any
19governmental entity referred to in subsection B of Section 1405
20for any period with respect to which it does not incur
21liability for the payment of contributions by reason of having
22elected to make payments in lieu of contributions, or to any
23political subdivision or municipal corporation for any period
24with respect to which it is not subject to payments in lieu of
25contributions under the provisions of paragraph 1 of Section
26302C by reason of having elected to make payments in lieu of



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1contributions under paragraph 2 of that Section, or to the
2State of Illinois or any of its instrumentalities.
3    The Director may, by regulation, provide that amounts due
4from an employing unit for contributions, payments in lieu of
5contributions, penalties, or interest be paid by an electronic
6funds transfer, including amounts paid on behalf of an
7employing unit by an entity representing the employing unit.
8The regulation shall not apply to an employing unit until the
9Director notifies the employing unit of the regulation. Except
10as otherwise provided in this Section, where the employing
11unit, within 30 days of the date of service of the notice sent
12pursuant to this amendatory Act of the 98th General Assembly,
13notifies the Director that it declines to pay by electronic
14funds transfer, the regulation shall not apply to the employing
15unit. Except as otherwise provided in this Section, where the
16employing unit, within 30 days of the date of service of a
17notice sent pursuant to Section 1509 of this Act, notifies the
18Director that it declines to pay by electronic funds transfer,
19the regulation shall not apply to the employing unit with
20respect to any payment due after the date the employing unit so
21notifies the Director. The Director is authorized to provide by
22regulation reasonable penalties for employing units that are
23subject to and fail to comply with such a regulation. Any
24employing unit that is not subject to the regulation may elect
25to become subject to the regulation by paying amounts due for
26contributions, payments in lieu of contributions, penalties,



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1or interest by an electronic funds transfer. Notwithstanding
2any other provision to the contrary, in the case of an entity
3representing 5 or more employing units, neither the entity nor
4the employing units (for as long as they are represented by
5that entity) shall have the option to decline to pay by
6electronic funds transfer.
7(Source: P.A. 94-723, eff. 1-19-06.)
8    (820 ILCS 405/1510)  (from Ch. 48, par. 580)
9    Sec. 1510. Service of notice. Whenever service of notice is
10required by Sections 1400, 1508, and 1509, such notice may be
11given and be complete by depositing the same with the United
12States Mail, addressed to the employer at his last known
13address. If represented by counsel in the proceedings before
14the Director, then service of notice may be made upon such
15employer by mailing same to such counsel. If agreed to by the
16person or entity entitled to notice, notice may be given and
17completed electronically, in the manner prescribed by rule, by
18posting the notice on a secure web site accessible to the
19person or entity and sending notice of the posting to the last
20known e-mail address of the person or entity.
21(Source: P.A. 97-621, eff. 11-18-11.)
22    (820 ILCS 405/1801.1)
23    Sec. 1801.1. Directory of New Hires.
24    A. The Director shall establish and operate an automated



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1directory of newly hired employees which shall be known as the
2"Illinois Directory of New Hires" which shall contain the
3information required to be reported by employers to the
4Department under subsection B. In the administration of the
5Directory, the Director shall comply with any requirements
6concerning the Employer New Hire Reporting Program established
7by the federal Personal Responsibility and Work Opportunity
8Reconciliation Act of 1996. The Director is authorized to use
9the information contained in the Directory of New Hires to
10administer any of the provisions of this Act.
11    B. Each employer in Illinois, except a department, agency,
12or instrumentality of the United States, shall file with the
13Department a report in accordance with rules adopted by the
14Department (but in any event not later than 20 days after the
15date the employer hires the employee or, in the case of an
16employer transmitting reports magnetically or electronically,
17by 2 monthly transmissions, if necessary, not less than 12 days
18nor more than 16 days apart) providing the following
19information concerning each newly hired employee: the
20employee's name, address, and social security number, the date
21services for remuneration were first performed by the employee,
22the employee's projected monthly wages, and the employer's
23name, address, Federal Employer Identification Number assigned
24under Section 6109 of the Internal Revenue Code of 1986, and
25such other information as may be required by federal law or
26regulation, provided that each employer may voluntarily file



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1the address to which the employer wants income withholding
2orders to be mailed, if it is different from the address given
3on the Federal Employer Identification Number. An employer in
4Illinois which transmits its reports electronically or
5magnetically and which also has employees in another state may
6report all newly hired employees to a single designated state
7in which the employer has employees if it has so notified the
8Secretary of the United States Department of Health and Human
9Services in writing. An employer may, at its option, submit
10information regarding any rehired employee in the same manner
11as information is submitted regarding a newly hired employee.
12Each report required under this subsection shall, to the extent
13practicable, be made on an Internal Revenue Service Form W-4
14or, at the option of the employer, an equivalent form, and may
15be transmitted by first class mail, by telefax, magnetically,
16or electronically.
17    C. An employer which knowingly fails to comply with the
18reporting requirements established by this Section shall be
19subject to a civil penalty of $15 for each individual whom it
20fails to report. An employer shall be considered to have
21knowingly failed to comply with the reporting requirements
22established by this Section with respect to an individual if
23the employer has been notified by the Department that it has
24failed to report an individual, and it fails, without
25reasonable cause, to supply the required information to the
26Department within 21 days after the date of mailing of the



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1notice. Any individual who knowingly conspires with the newly
2hired employee to cause the employer to fail to report the
3information required by this Section or who knowingly conspires
4with the newly hired employee to cause the employer to file a
5false or incomplete report shall be guilty of a Class B
6misdemeanor with a fine not to exceed $500 with respect to each
7employee with whom the individual so conspires.
8    D. As used in this Section, "newly hired employee" means an
9individual who (i) is an employee within the meaning of Chapter
1024 of the Internal Revenue Code of 1986 and (ii) either has not
11previously been employed by the employer or was previously
12employed by the employer but has been separated from that prior
13employment for at least 60 consecutive days; however, "newly
14hired employee" does not include an employee of a federal or
15State agency performing intelligence or counterintelligence
16functions, if the head of that agency has determined that the
17filing of the report required by this Section with respect to
18the employee could endanger the safety of the employee or
19compromise an ongoing investigation or intelligence mission.
20    Notwithstanding Section 205, and for the purposes of this
21Section only, the term "employer" has the meaning given by
22Section 3401(d) of the Internal Revenue Code of 1986 and
23includes any governmental entity and labor organization as
24defined by Section 2(5) of the National Labor Relations Act,
25and includes any entity (also known as a hiring hall) which is
26used by the organization and an employer to carry out the



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1requirements described in Section 8(f)(3) of that Act of an
2agreement between the organization and the employer.
3(Source: P.A. 97-621, eff. 11-18-11; 97-689, eff. 6-14-12;
497-791, 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
7this Act requires service by certified or registered mail,
8either a paper return receipt issued by the United States
9Postal Service or an electronic return receipt issued by the
10United States Postal Service shall constitute proof of service.
11    (820 ILCS 405/2401)  (from Ch. 48, par. 721)
12    Sec. 2401. Recording and release of lien. A. The lien
13created by Section 2400 shall be invalid only as to any
14innocent purchaser for value of stock in trade of any employer
15in the usual course of such employer's business, and shall be
16invalid as to any innocent purchaser for value of any of the
17other assets to which such lien has attached, unless notice
18thereof has been filed by the Director in the office of the
19recorder of the county within which the property subject to the
20lien is situated. The Director may, in his discretion, for good
21cause shown and upon the reimbursement of any recording fees
22paid by the Director with respect to the lien, issue a
23certificate of withdrawal of notice of lien filed against any
24employer, which certificate shall be recorded in the same



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1manner as herein provided for the recording of notice of liens.
2Such withdrawal of notice of lien shall invalidate such lien as
3against any person acquiring any of such employer's property or
4any interest therein, subsequent to the recordation of the
5withdrawal of notice of lien, but shall not otherwise affect
6the validity of such lien, nor shall it prevent the Director
7from re-recording notice of such lien. In the event notice of
8such lien is re-recorded, such notice shall be effective as
9against third persons only as of the date of such
11    B. The recorder of each county shall procure at the expense
12of the county a file labeled "Unemployment Compensation
13Contribution Lien Notice" and an index book labeled
14"Unemployment Compensation Contribution Lien Index." When a
15notice of any such lien is presented to him for filing, he
16shall file it in numerical order in the file and shall enter it
17alphabetically in the index. The entry shall show the name and
18last known business address of the employer named in the
19notice, the serial number of the notice, the date and hour of
20filing, and the amount of contribution, interest and penalty
21thereon due and unpaid. When a certificate of complete or
22partial release of such lien issued by the Director is
23presented for filing in the office of the recorder where a
24notice of lien was filed, the recorder shall permanently attach
25the certificate of release to the notice of lien and shall
26enter the certificate of release and the date in the



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1Unemployment Compensation Contribution Lien Index on the line
2where the notice of lien is entered. In case title to land to
3be affected by the Notice of Lien is registered under the
4provisions of "An Act Concerning Land Titles", approved May 1,
51897, as amended, such notice shall be filed in the office of
6the Registrar of Titles of the county within which the property
7subject to the lien is situated and shall be entered upon the
8register of titles as a memorial or charge upon each folium of
9the register of title affected by such notice, and the Director
10shall not have a preference over the rights of any bona fide
11purchaser, mortgagee, judgment creditor or other lien holder
12arising prior to the registration of such notice.
13    C. The Director shall have the power to issue a certificate
14of partial release of any part of the property subject to the
15lien, upon the reimbursement of any recording fees paid by the
16Director with respect to the lien, if he shall find that the
17fair market value of that part of such property remaining
18subject to the lien is at least equal to the amount of all
19prior liens upon such property plus double the amount of the
20liability for contributions, interest and penalties thereon
21remaining unsatisfied.
22    D. Where the amount of or the liability for the payment of
23any contribution, interest or penalty is contested by any
24employing unit against whose property a lien has attached, and
25the determination of the Director with reference to such
26contribution has not become final, the Director may issue a



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1certificate of release of lien upon the reimbursement of any
2recording fees paid by the Director with respect to the lien
3and the furnishing of bond by such employing unit in 125% the
4amount of the sum of such contribution, interest and penalty,
5for which lien is claimed, with good and sufficient surety to
6be approved by the Director conditioned upon the prompt payment
7of such contribution, together with interest and penalty
8thereon, by such employing unit to the Director immediately
9upon the decision of the Director in respect to the liability
10for such contribution, interest and penalty becoming final.
11    E. When a lien obtained pursuant to this Act has been
12satisfied and upon the reimbursement of any recording fees paid
13by the Director with respect to the lien, the Department shall
14issue a release to the person, or his agent, against whom the
15lien was obtained and such release shall contain in legible
16letters a statement as follows:
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
25    1. Make a false statement or representation or fail to



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1disclose a material fact:
2    a. To obtain, or increase, or prevent, or reduce any
3benefit or payment under the provisions of this Act, or under
4the unemployment compensation law of any State or the Federal
5Government, either for himself or for any other person; or
6    b. To avoid or reduce any contribution or other payment
7required from an employing unit under this Act.
8    2. Fail to pay a contribution due under the provisions of
9this Act.
10    3. Fail to furnish any report, audit, or information duly
11required by the Director under this Act.
12    4. Refuse to allow the Director or his duly authorized
13representative to inspect or copy the pay roll or other records
14or documents relative to the enforcement of this Act or
15required by this Act.
16    5. Make any deduction from the wages of any individual in
17its employ because of its liability for the payment of
18contributions required by this Act.
19    6. Knowingly fail to furnish to any individual in its
20employ any notice, report, or information duly required under
21the provisions of this Act or the rules or regulations of the
23    7. Attempt to induce any individual, directly or indirectly
24(by promise of re-employment or by threat not to employ or not
25to re-employ or by any other means), to refrain from claiming
26or accepting benefits or to waive any other rights under this



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1Act; or to maintain a rehiring policy which discriminates
2against former individuals in its employ by reason of their
3having claimed benefits.
4    8. Pay contributions upon wages for services not rendered
5for such employing unit if the purpose of such payment is
6either to reduce the amount of contributions due or to become
7due from any employing unit or to affect the benefit rights of
8any individual.
9    9. Solicit, or aid or abet the solicitation of, information
10from any individual concerning his place of employment,
11residence, assets or earnings, by any means which are intended
12to mislead such individual to believe that the person or
13employing unit seeking such information is the Department or
14one of its Divisions or branches, or a representative thereof.
15    B. Any employing unit or person who willfully violates any
16provision of this Section or any other provision of this Act or
17any rule or regulation promulgated thereunder, or does any act
18prohibited by this Act, or who fails, neglects, or refuses to
19perform any duty required by any provision of this Act or rule
20or regulation of the Director, within the time prescribed by
21the Director, for which no penalty has been specifically
22provided, or who fails, neglects, or refuses to obey any lawful
23order given or made by the Director, shall be guilty of a Class
24B misdemeanor, and each such act, failure, neglect, or refusal
25shall constitute a separate and distinct offense. An employing
26unit's or person's willful filing of a fraudulent quarterly



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1wage report shall constitute a Class 4 felony if the amount of
2contributions owed with respect to the quarter is less than
3$300 and a Class 3 felony if the amount of contributions owed
4with respect to the quarter is $300 or more. An employing
5unit's or person's willful failure to honor a subpoena issued
6by the Department shall constitute a Class 4 felony. If a such
7person or employing unit described in this Section is a
8corporation, the president, the secretary, and the treasurer,
9and any other officer exercising corresponding functions,
10shall each be subject to the aforesaid penalties for the
11violation of any provisions of this Section of which he or they
12had or, in the exercise of his or their duties, ought to have
13had knowledge, not including the provisions regarding the
14filing of a fraudulent quarterly wage report or the willful
15failure to honor a subpoena.
16(Source: P.A. 77-2439.)
17    (820 ILCS 405/1704 rep.)
18    (820 ILCS 405/2105 rep.)
19    Section 20. The Unemployment Insurance Act is amended by
20repealing Sections 1704 and 2105.
21    Section 99. Effective date. This Act takes effect upon
22becoming law, except that the provisions amending Section 2401
23of the Unemployment Insurance Act take effect July 1, 2014.