Sen. Gary Forby

Filed: 5/17/2013





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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
6changing Section 1005-47 and by adding Section 1005-165 as
8    (20 ILCS 1005/1005-47)
9    Sec. 1005-47. IllinoisJobLink.com Illinois Skills Match
11    (a) The Department of Employment Security, through its
12IllinoisJobLink.com 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



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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 IllinoisJobLink.com 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 IllinoisJobLink.com 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
16to that term in Section 1-15.30 of the Illinois Procurement
17Code. The Department of Central Management Services shall
18comply with this Section on behalf of executive branch State
19agencies with one or more positions subject to any jurisdiction
20of the Personnel Code provide an online link to its State
21employment information and career services web page so that
22this link is accessible through the web page of the Illinois
23Skills Match System or its successor system.
24    This Section does not apply to positions exempt from the
25requirements of the Rutan decision or to construction-related
26services as defined in Section 1-15.20 of the Illinois



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1Procurement Code.
2    (c) All units of local government, school districts, and
3other public and private employers not subject to subsection
4(b) may, and are encouraged to, post employment vacancies on
5the IllinoisJobLink.com Illinois Skills Match System or
6successor system.
7    (d) The Department may not charge any employer or any
8person seeking employment a fee for using the
9IllinoisJobLink.com Illinois Skills Match System or successor
11    (e) The Department is authorized to adopt all rules
12necessary to implement and administer the IllinoisJobLink.com
13Illinois Skills Match System or any successor system under this
15(Source: P.A. 94-786, eff. 7-1-07.)
16    (20 ILCS 1005/1005-165 new)
17    Sec. 1005-165. Disabled veterans outreach. The Department
18shall employ such disabled veterans outreach program
19specialists as appropriate and efficient according to Section
204103A of Title 38 of the United States Code, or any successor
21legislation, based upon available federal funding for that
23    Section 10. The Veterans' Employment Representative Act is
24amended 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 1400, 1510, 1801.1, 2401, and 2800 and by
11adding Section 2208.1 as follows:
12    (820 ILCS 405/1400)  (from Ch. 48, par. 550)
13    Sec. 1400. Payment of contributions. On and after July 1,
141937, contributions shall accrue and become payable by each
15employer for each calendar year in which he is subject to this
16Act, with respect to wages payable for employment occurring
17during the six months' period beginning July 1, 1937, and the
18calendar years 1938, 1939, and 1940. For the year 1941 and for
19each calendar year thereafter, contributions shall accrue and
20become payable by each employer upon the wages paid with
21respect to employment after December 31, 1940. Except as
22otherwise provided in Section 1400.2, such contributions shall
23become due and shall be paid quarterly on or before the last



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



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1governmental entity referred to in subsection B of Section 1405
2for any period with respect to which it does not incur
3liability for the payment of contributions by reason of having
4elected to make payments in lieu of contributions, or to any
5political subdivision or municipal corporation for any period
6with respect to which it is not subject to payments in lieu of
7contributions under the provisions of paragraph 1 of Section
8302C by reason of having elected to make payments in lieu of
9contributions under paragraph 2 of that Section, or to the
10State of Illinois or any of its instrumentalities.
11    The Director may, by regulation, provide that amounts due
12from an employing unit for contributions, payments in lieu of
13contributions, penalties, or interest be paid by an electronic
14funds transfer, including amounts paid on behalf of an
15employing unit by an entity representing the employing unit.
16The regulation shall not apply to an employing unit until the
17Director notifies the employing unit of the regulation. Except
18as otherwise provided in this Section, where the employing
19unit, within 30 days of the date of service of the notice sent
20pursuant to this amendatory Act of the 98th General Assembly,
21notifies the Director that it declines to pay by electronic
22funds transfer, the regulation shall not apply to the employing
23unit. Except as otherwise provided in this Section, where the
24employing unit, within 30 days of the date of service of a
25notice sent pursuant to Section 1509 of this Act, notifies the
26Director that it declines to pay by electronic funds transfer,



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



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



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



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1subject to a civil penalty of $15 for each individual whom it
2fails to report. An employer shall be considered to have
3knowingly failed to comply with the reporting requirements
4established by this Section with respect to an individual if
5the employer has been notified by the Department that it has
6failed to report an individual, and it fails, without
7reasonable cause, to supply the required information to the
8Department within 21 days after the date of mailing of the
9notice. Any individual who knowingly conspires with the newly
10hired employee to cause the employer to fail to report the
11information required by this Section or who knowingly conspires
12with the newly hired employee to cause the employer to file a
13false or incomplete report shall be guilty of a Class B
14misdemeanor with a fine not to exceed $500 with respect to each
15employee with whom the individual so conspires.
16    D. As used in this Section, "newly hired employee" means an
17individual who (i) is an employee within the meaning of Chapter
1824 of the Internal Revenue Code of 1986 and (ii) either has not
19previously been employed by the employer or was previously
20employed by the employer but has been separated from that prior
21employment for at least 60 consecutive days; however, "newly
22hired employee" does not include an employee of a federal or
23State agency performing intelligence or counterintelligence
24functions, if the head of that agency has determined that the
25filing of the report required by this Section with respect to
26the employee could endanger the safety of the employee or



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1compromise an ongoing investigation or intelligence mission.
2    Notwithstanding Section 205, and for the purposes of this
3Section only, the term "employer" has the meaning given by
4Section 3401(d) of the Internal Revenue Code of 1986 and
5includes any governmental entity and labor organization as
6defined by Section 2(5) of the National Labor Relations Act,
7and includes any entity (also known as a hiring hall) which is
8used by the organization and an employer to carry out the
9requirements described in Section 8(f)(3) of that Act of an
10agreement between the organization and the employer.
11(Source: P.A. 97-621, eff. 11-18-11; 97-689, eff. 6-14-12;
1297-791, eff. 1-1-13; revised 7-23-12.)
13    (820 ILCS 405/2208.1 new)
14    Sec. 2208.1. Return receipts. Whenever any provision of
15this Act requires service by certified or registered mail,
16either a paper return receipt issued by the United States
17Postal Service or an electronic return receipt issued by the
18United States Postal Service shall constitute proof of service.
19    (820 ILCS 405/2401)  (from Ch. 48, par. 721)
20    Sec. 2401. Recording and release of lien. A. The lien
21created by Section 2400 shall be invalid only as to any
22innocent purchaser for value of stock in trade of any employer
23in the usual course of such employer's business, and shall be
24invalid as to any innocent purchaser for value of any of the



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1other assets to which such lien has attached, unless notice
2thereof has been filed by the Director in the office of the
3recorder of the county within which the property subject to the
4lien is situated. The Director may, in his discretion, for good
5cause shown and upon the reimbursement of any recording fees
6paid by the Director with respect to the lien, issue a
7certificate of withdrawal of notice of lien filed against any
8employer, which certificate shall be recorded in the same
9manner as herein provided for the recording of notice of liens.
10Such withdrawal of notice of lien shall invalidate such lien as
11against any person acquiring any of such employer's property or
12any interest therein, subsequent to the recordation of the
13withdrawal of notice of lien, but shall not otherwise affect
14the validity of such lien, nor shall it prevent the Director
15from re-recording notice of such lien. In the event notice of
16such lien is re-recorded, such notice shall be effective as
17against third persons only as of the date of such
19    B. The recorder of each county shall procure at the expense
20of the county a file labeled "Unemployment Compensation
21Contribution Lien Notice" and an index book labeled
22"Unemployment Compensation Contribution Lien Index." When a
23notice of any such lien is presented to him for filing, he
24shall file it in numerical order in the file and shall enter it
25alphabetically in the index. The entry shall show the name and
26last known business address of the employer named in the



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1notice, the serial number of the notice, the date and hour of
2filing, and the amount of contribution, interest and penalty
3thereon due and unpaid. When a certificate of complete or
4partial release of such lien issued by the Director is
5presented for filing in the office of the recorder where a
6notice of lien was filed, the recorder shall permanently attach
7the certificate of release to the notice of lien and shall
8enter the certificate of release and the date in the
9Unemployment Compensation Contribution Lien Index on the line
10where the notice of lien is entered. In case title to land to
11be affected by the Notice of Lien is registered under the
12provisions of "An Act Concerning Land Titles", approved May 1,
131897, as amended, such notice shall be filed in the office of
14the Registrar of Titles of the county within which the property
15subject to the lien is situated and shall be entered upon the
16register of titles as a memorial or charge upon each folium of
17the register of title affected by such notice, and the Director
18shall not have a preference over the rights of any bona fide
19purchaser, mortgagee, judgment creditor or other lien holder
20arising prior to the registration of such notice.
21    C. The Director shall have the power to issue a certificate
22of partial release of any part of the property subject to the
23lien, upon the reimbursement of any recording fees paid by the
24Director with respect to the lien, if he shall find that the
25fair market value of that part of such property remaining
26subject to the lien is at least equal to the amount of all



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1prior liens upon such property plus double the amount of the
2liability for contributions, interest and penalties thereon
3remaining unsatisfied.
4    D. Where the amount of or the liability for the payment of
5any contribution, interest or penalty is contested by any
6employing unit against whose property a lien has attached, and
7the determination of the Director with reference to such
8contribution has not become final, the Director may issue a
9certificate of release of lien upon the reimbursement of any
10recording fees paid by the Director with respect to the lien
11and the furnishing of bond by such employing unit in 125% the
12amount of the sum of such contribution, interest and penalty,
13for which lien is claimed, with good and sufficient surety to
14be approved by the Director conditioned upon the prompt payment
15of such contribution, together with interest and penalty
16thereon, by such employing unit to the Director immediately
17upon the decision of the Director in respect to the liability
18for such contribution, interest and penalty becoming final.
19    E. When a lien obtained pursuant to this Act has been
20satisfied and upon the reimbursement of any recording fees paid
21by the Director with respect to the lien, the Department shall
22issue a release to the person, or his agent, against whom the
23lien was obtained and such release shall contain in legible
24letters a statement as follows:



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2(Source: P.A. 83-358.)
3    (820 ILCS 405/2800)  (from Ch. 48, par. 780)
4    Sec. 2800. Violations and penalties.
5    A. It shall be unlawful for any person or employing unit
7    1. Make a false statement or representation or fail to
8disclose a material fact:
9    a. To obtain, or increase, or prevent, or reduce any
10benefit or payment under the provisions of this Act, or under
11the unemployment compensation law of any State or the Federal
12Government, either for himself or for any other person; or
13    b. To avoid or reduce any contribution or other payment
14required from an employing unit under this Act.
15    2. Fail to pay a contribution due under the provisions of
16this Act.
17    3. Fail to furnish any report, audit, or information duly
18required by the Director under this Act.
19    4. Refuse to allow the Director or his duly authorized
20representative to inspect or copy the pay roll or other records
21or documents relative to the enforcement of this Act or
22required by this Act.
23    5. Make any deduction from the wages of any individual in
24its employ because of its liability for the payment of
25contributions required by this Act.



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1    6. Knowingly fail to furnish to any individual in its
2employ any notice, report, or information duly required under
3the provisions of this Act or the rules or regulations of the
5    7. Attempt to induce any individual, directly or indirectly
6(by promise of re-employment or by threat not to employ or not
7to re-employ or by any other means), to refrain from claiming
8or accepting benefits or to waive any other rights under this
9Act; or to maintain a rehiring policy which discriminates
10against former individuals in its employ by reason of their
11having claimed benefits.
12    8. Pay contributions upon wages for services not rendered
13for such employing unit if the purpose of such payment is
14either to reduce the amount of contributions due or to become
15due from any employing unit or to affect the benefit rights of
16any individual.
17    9. Solicit, or aid or abet the solicitation of, information
18from any individual concerning his place of employment,
19residence, assets or earnings, by any means which are intended
20to mislead such individual to believe that the person or
21employing unit seeking such information is the Department or
22one of its Divisions or branches, or a representative thereof.
23    B. Any employing unit or person who willfully violates any
24provision of this Section or any other provision of this Act or
25any rule or regulation promulgated thereunder, or does any act
26prohibited by this Act, or who fails, neglects, or refuses to



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



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1    (820 ILCS 405/2105 rep.)
2    Section 20. The Unemployment Insurance Act is amended by
3repealing Sections 1704 and 2105.
4    Section 99. Effective date. This Act takes effect upon
5becoming law, except that the provisions amending Section 2401
6of the Unemployment Insurance Act take effect July 1, 2014.".