Full Text of HB2699 100th General Assembly
HB2699enr 100TH GENERAL ASSEMBLY |
| | HB2699 Enrolled | | LRB100 09362 JLS 19524 b |
|
| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unemployment Insurance Act is amended by | 5 | | changing Sections 1502.1, 1507.1, 1900, 2201, and 2201.1 as | 6 | | follows: | 7 | | (820 ILCS 405/1502.1) (from Ch. 48, par. 572.1)
| 8 | | Sec. 1502.1. Employer's benefit charges.
| 9 | | A. Benefit charges which result from payments to any | 10 | | claimant made on or
after July 1, 1989 shall be charged:
| 11 | | 1. For benefit years beginning prior to July 1, 1989, | 12 | | to
each employer who paid wages to the claimant during his | 13 | | base period;
| 14 | | 2. For benefit years beginning on or after July 1,
1989 | 15 | | but before January 1, 1993, to the later of:
| 16 | | a. the last employer prior to the beginning of the | 17 | | claimant's benefit
year:
| 18 | | i. from whom the claimant was separated or who, | 19 | | by reduction of work
offered, caused the claimant | 20 | | to become unemployed as defined in Section 239,
| 21 | | and,
| 22 | | ii. for whom the claimant performed services | 23 | | in employment, on each of
30 days whether or not |
| | | HB2699 Enrolled | - 2 - | LRB100 09362 JLS 19524 b |
|
| 1 | | such days are consecutive, provided that the wages | 2 | | for
such services were earned during the period | 3 | | from the beginning of the
claimant's base period to | 4 | | the beginning of the claimant's benefit year; but
| 5 | | that employer shall not be charged if:
| 6 | | (1) the claimant's last separation from | 7 | | that employer was a
voluntary leaving without | 8 | | good cause, as the term is used in Section 601A | 9 | | or
under the circumstances described in | 10 | | paragraphs 1 and 2 of Section 601B; or
| 11 | | (2) the claimant's last separation from | 12 | | that employer was a
discharge for misconduct or | 13 | | a felony or theft connected with his work from | 14 | | that
employer, as these terms are used in | 15 | | Section 602; or
| 16 | | (3) after his last separation from that | 17 | | employer, prior to the
beginning of his benefit | 18 | | year, the claimant refused to accept an offer | 19 | | of or to
apply for suitable work from that | 20 | | employer without good cause, as these terms
are | 21 | | used in Section 603; or
| 22 | | (4) the claimant, following his last | 23 | | separation from that employer,
prior to the | 24 | | beginning of his benefit year, is ineligible or | 25 | | would have
been ineligible under Section 612 if | 26 | | he has or had had base period wages
from the |
| | | HB2699 Enrolled | - 3 - | LRB100 09362 JLS 19524 b |
|
| 1 | | employers to which that Section applies; or
| 2 | | (5) the claimant subsequently performed | 3 | | services for at least 30
days for an individual | 4 | | or organization which is not an employer | 5 | | subject to
this Act; or
| 6 | | b. the single employer who pays wages to the | 7 | | claimant that allow him
to requalify for benefits after | 8 | | disqualification under Section 601, 602 or 603,
if:
| 9 | | i. the disqualifying event occurred prior to | 10 | | the beginning of the
claimant's benefit year, and
| 11 | | ii. the requalification occurred after the | 12 | | beginning of the claimant's
benefit year, and
| 13 | | iii. even if the 30 day requirement given in | 14 | | this paragraph is not
satisfied; but
| 15 | | iv. the requalifying employer shall not be | 16 | | charged if the claimant is
held ineligible with | 17 | | respect to that requalifying employer under | 18 | | Section
601, 602 or 603.
| 19 | | 3. For benefit years beginning on or after January 1, | 20 | | 1993, with
respect to each week for which benefits are | 21 | | paid, to the later of:
| 22 | | a. the last employer:
| 23 | | i. from whom the claimant was separated or who, | 24 | | by reduction of
work offered, caused the claimant | 25 | | to become unemployed as defined in Section
239, and
| 26 | | ii. for whom the claimant performed services |
| | | HB2699 Enrolled | - 4 - | LRB100 09362 JLS 19524 b |
|
| 1 | | in employment, on
each of 30 days whether or not | 2 | | such days are consecutive, provided that the
wages | 3 | | for such services were earned since the beginning | 4 | | of the claimant's
base period; but that employer | 5 | | shall not be charged if:
| 6 | | (1) the claimant's separation from that | 7 | | employer was a voluntary
leaving without good | 8 | | cause, as the term is used in Section 601A or | 9 | | under
the circumstances described in | 10 | | paragraphs 1, 2, and 6 of
Section 601B; or
| 11 | | (2) the claimant's separation from that | 12 | | employer was a discharge
for misconduct or a | 13 | | felony or theft connected with his work from | 14 | | that
employer, as these terms are used in | 15 | | Section 602; or
| 16 | | (3) the claimant refused to accept an | 17 | | offer of or to apply for
suitable work from | 18 | | that employer without good cause, as these | 19 | | terms are
used in Section 603 (but only for | 20 | | weeks following the refusal of work); or
| 21 | | (4) the claimant subsequently performed | 22 | | services for at least 30
days for an individual | 23 | | or organization which is not an employer | 24 | | subject to this
Act; or
| 25 | | (5) the claimant, following his separation | 26 | | from that employer, is
ineligible or would have |
| | | HB2699 Enrolled | - 5 - | LRB100 09362 JLS 19524 b |
|
| 1 | | been ineligible under Section 612 if he has or | 2 | | had
had base period wages from the employers to | 3 | | which that Section applies
(but only for the | 4 | | period of ineligibility or potential | 5 | | ineligibility); or
| 6 | | b. the single employer who pays wages to the | 7 | | claimant that allow him
to requalify for benefits after | 8 | | disqualification under Section 601, 602, or
603, even | 9 | | if the 30 day requirement given in this paragraph is | 10 | | not
satisfied; but the requalifying employer shall not | 11 | | be charged if the
claimant is held ineligible with | 12 | | respect to that requalifying employer
under Section | 13 | | 601, 602, or 603.
| 14 | | B. Whenever a claimant is ineligible pursuant to Section | 15 | | 614 on the
basis of wages paid during his base period, any days | 16 | | on which such wages
were earned shall not be counted in | 17 | | determining whether that claimant
performed services during at | 18 | | least 30 days for the employer that paid such
wages as required | 19 | | by paragraphs 2 and 3 of subsection A.
| 20 | | C. If no employer meets the requirements of paragraph 2 or | 21 | | 3 of subsection
A, then no employer will be chargeable for any | 22 | | benefit charges which result
from the payment of benefits to | 23 | | the claimant for that benefit year.
| 24 | | D. Notwithstanding the preceding provisions of this | 25 | | Section, no employer
shall be chargeable for any benefit | 26 | | charges which result from the payment of
benefits to any |
| | | HB2699 Enrolled | - 6 - | LRB100 09362 JLS 19524 b |
|
| 1 | | claimant after the effective date of this amendatory Act of
| 2 | | 1992 where the claimant's separation from that employer | 3 | | occurred
as a result of his detention, incarceration, or | 4 | | imprisonment under State,
local, or federal law.
| 5 | | D-1. Notwithstanding any other provision of this Act, | 6 | | including those affecting finality of benefit charges or rates, | 7 | | an employer shall not be chargeable for any benefit charges | 8 | | which result from the payment of benefits to an individual for | 9 | | any week of unemployment after January 1, 2003,
during the | 10 | | period that the employer's business is closed solely because of | 11 | | the entrance of the employer, one or more of the partners or | 12 | | officers of the employer, or the majority stockholder of the | 13 | | employer into active duty in the Illinois National Guard or the | 14 | | Armed Forces of the United States.
| 15 | | D-2. Notwithstanding any other provision of this Act, an | 16 | | employer shall not be chargeable for any benefit charges that | 17 | | result from the payment of benefits to an individual for any | 18 | | week of unemployment after the effective date of this | 19 | | amendatory Act of the 100th General Assembly if the payment was | 20 | | the result of the individual voluntarily leaving work under the | 21 | | conditions described in item 6 of subsection C of Section 500. | 22 | | E. For the purposes of Sections 302, 409, 701, 1403, 1404, | 23 | | 1405 and
1508.1, last employer means the employer that:
| 24 | | 1. is charged for benefit payments which become benefit | 25 | | charges under this
Section, or
| 26 | | 2. would have been liable for such benefit charges if |
| | | HB2699 Enrolled | - 7 - | LRB100 09362 JLS 19524 b |
|
| 1 | | it had not elected
to make payments in lieu of | 2 | | contributions.
| 3 | | (Source: P.A. 93-634, eff. 1-1-04; 93-1012, eff. 8-24-04; | 4 | | 94-152, eff. 7-8-05.)
| 5 | | (820 ILCS 405/1507.1) | 6 | | Sec. 1507.1. Transfer of trade or business; contribution | 7 | | rate. Notwithstanding any other provision of this Act: | 8 | | A.(1) If an individual or entity transfers its trade or | 9 | | business, or a portion thereof, to another individual or entity | 10 | | and, at the time of the transfer, there is any substantial | 11 | | common ownership, management, or control of the transferor and | 12 | | transferee, then the experience rating record attributable to | 13 | | records of the transferred trade or business transferor and | 14 | | transferee shall be transferred to the transferee combined for | 15 | | the purpose of determining their rates of contribution . For | 16 | | purposes of this subsection, a transfer of trade or business | 17 | | includes but is not limited to the transfer of some or all of | 18 | | the transferor's workforce. For purposes of calculating the | 19 | | contribution rates of the transferor and transferee pursuant to | 20 | | this paragraph, within 30 days of the date of a transfer to | 21 | | which this paragraph applies, the transferor and transferee | 22 | | shall provide to the Department such information, as the | 23 | | Director by rule prescribes, which will show the portion of the | 24 | | transferor's experience rating record that is attributable to | 25 | | the transferred trade or business. |
| | | HB2699 Enrolled | - 8 - | LRB100 09362 JLS 19524 b |
|
| 1 | | (1.5) If, following a transfer of experience rating records | 2 | | under paragraph (1), the Director determines that a substantial | 3 | | purpose of the transfer of trade or business was to obtain a | 4 | | reduced liability for contributions, the experience rating | 5 | | accounts of the employers involved shall be combined into a | 6 | | single account and a single rate shall be assigned to the | 7 | | account. | 8 | | (2) For the calendar year in which there occurs a transfer | 9 | | to which paragraph (1) or (1.5) applies: | 10 | | (a) If the transferor or transferee had a contribution | 11 | | rate applicable to it for the calendar year, it shall | 12 | | continue with that contribution rate for the remainder of | 13 | | the calendar year. | 14 | | (b) If the transferee had no contribution rate | 15 | | applicable to it for the calendar year, then the | 16 | | contribution rate of the transferee shall be computed for | 17 | | the calendar year based on the experience rating record of | 18 | | the transferor or, where there is more than one transferor, | 19 | | the combined experience rating records of the transferors, | 20 | | subject to the 5.4% rate ceiling
established pursuant to | 21 | | subsection G of Section 1506.1 and
subsection A of Section | 22 | | 1506.3. | 23 | | B. If any individual or entity that is not an employer | 24 | | under this Act at the time of the acquisition acquires the | 25 | | trade or business of an employing unit, the experience rating | 26 | | record of the acquired business shall not be transferred to the |
| | | HB2699 Enrolled | - 9 - | LRB100 09362 JLS 19524 b |
|
| 1 | | individual or entity if the Director finds that the individual | 2 | | or entity acquired the business solely or primarily for the | 3 | | purpose of obtaining a lower rate of contributions. Evidence | 4 | | that a business was acquired solely or primarily for the | 5 | | purpose of obtaining a lower rate of contributions includes but | 6 | | is not necessarily limited to the following: the cost of | 7 | | acquiring the business is low in relation to the individual's | 8 | | or entity's overall operating costs subsequent to the | 9 | | acquisition; the individual or entity discontinued the | 10 | | business enterprise of the acquired business immediately or | 11 | | shortly after the acquisition; or the individual or entity | 12 | | hired a significant number of individuals for performance of | 13 | | duties unrelated to the business activity conducted prior to | 14 | | acquisition. | 15 | | C. An individual or entity to which subsection A applies | 16 | | shall pay contributions with respect to each calendar year at a | 17 | | rate consistent with that subsection, and an individual or | 18 | | entity to which subsection B applies shall pay contributions | 19 | | with respect to each calendar year at a rate consistent with | 20 | | that subsection. If an individual or entity knowingly violates | 21 | | or attempts to violate this subsection, the individual or | 22 | | entity shall be subject to the following penalties: | 23 | | (1) If the individual or entity is an employer, then,
| 24 | | in addition to the contribution rate that would otherwise | 25 | | be calculated (including any fund building rate provided | 26 | | for pursuant to Section 1506.3),
the employer shall be |
| | | HB2699 Enrolled | - 10 - | LRB100 09362 JLS 19524 b |
|
| 1 | | assigned a penalty contribution rate
equivalent to 50% of | 2 | | the contribution rate (including any fund building rate | 3 | | provided for pursuant to Section 1506.3), as calculated | 4 | | without regard to this subsection for the
calendar year | 5 | | with respect to which the violation or
attempted violation | 6 | | occurred and the
immediately following calendar year. In | 7 | | the case of an employer whose contribution rate, as | 8 | | calculated without regard to this subsection or Section | 9 | | 1506.3, equals or exceeds the maximum rate established | 10 | | pursuant to paragraph 2 of subsection E of Section 1506.1, | 11 | | the penalty rate shall equal 50% of the sum of that maximum | 12 | | rate and the fund building rate provided for pursuant to | 13 | | Section 1506.3. In the case of an employer whose | 14 | | contribution rate is subject to the 5.4% rate ceiling | 15 | | established pursuant to subsection G of Section 1506.1 and | 16 | | subsection A of Section 1506.3, the penalty rate shall | 17 | | equal 2.7%. If any product obtained
pursuant to this | 18 | | subsection is not an exact multiple of
one-tenth of 1%, it | 19 | | shall be increased or reduced, as the
case may be, to the | 20 | | nearer multiple of one-tenth of 1%. If
such product is | 21 | | equally near to 2 multiples of one-tenth of
1%, it shall be | 22 | | increased to the higher multiple of
one-tenth of 1%. Any | 23 | | payment attributable to the penalty contribution rate | 24 | | shall be deposited into the clearing account. | 25 | | (2) If the individual or entity is not an employer, the | 26 | | individual or entity shall be subject to a penalty of |
| | | HB2699 Enrolled | - 11 - | LRB100 09362 JLS 19524 b |
|
| 1 | | $10,000 for each violation. Any penalty attributable to | 2 | | this paragraph (2) shall be deposited into the Special | 3 | | Administrative Account. | 4 | | D. An individual or entity shall not knowingly advise | 5 | | another in a way that results in a violation of subsection C. | 6 | | An individual or entity that violates this subsection shall be | 7 | | subject to a penalty of $10,000 for each violation. Any such | 8 | | penalty shall be deposited into the Special Administrative | 9 | | Account. | 10 | | E. Any individual or entity that knowingly violates | 11 | | subsection C or D shall be guilty of a Class B misdemeanor. In | 12 | | the case of a corporation, the president, the secretary, and | 13 | | the treasurer, and any other officer exercising corresponding | 14 | | functions, shall each be subject to the aforesaid penalty for | 15 | | knowingly violating subsection C or D. | 16 | | F. The Director shall establish procedures to identify the | 17 | | transfer or acquisition of a trade or business for purposes of | 18 | | this Section. | 19 | | G. For purposes of this Section: | 20 | | "Experience rating record" shall consist of years | 21 | | during which liability for the payment of contributions was | 22 | | incurred, all benefit charges incurred, and all wages paid | 23 | | for insured work, including but not limited to years, | 24 | | benefit charges, and wages attributed to an individual or | 25 | | entity pursuant to Section 1507 or subsection A. | 26 | | "Knowingly" means having actual knowledge of or acting |
| | | HB2699 Enrolled | - 12 - | LRB100 09362 JLS 19524 b |
|
| 1 | | with deliberate ignorance of or reckless disregard for the | 2 | | statutory provision involved. | 3 | | "Transferee" means any individual or entity to which | 4 | | the transferor transfers its trade or business or any | 5 | | portion thereof. | 6 | | "Transferor" means the individual or entity that | 7 | | transfers its trade or business or any portion thereof. | 8 | | H. This Section shall be interpreted and applied in such a | 9 | | manner as to meet the minimum requirements contained in any | 10 | | guidance or regulations issued by the United States Department | 11 | | of Labor. Insofar as it applies to the interpretation and | 12 | | application of the term "substantial", as used in subsection A, | 13 | | this subsection H is not intended to alter the meaning of | 14 | | "substantially", as used in Section 1507 and construed by | 15 | | precedential judicial opinion, or any comparable term as | 16 | | elsewhere used in this Act.
| 17 | | (Source: P.A. 94-301, eff. 1-1-06.)
| 18 | | (820 ILCS 405/1900) (from Ch. 48, par. 640)
| 19 | | Sec. 1900. Disclosure of information.
| 20 | | A. Except as provided in this Section, information obtained | 21 | | from any
individual or employing unit during the administration | 22 | | of this Act shall:
| 23 | | 1. be confidential,
| 24 | | 2. not be published or open to public inspection,
| 25 | | 3. not be used in any court in any pending action or |
| | | HB2699 Enrolled | - 13 - | LRB100 09362 JLS 19524 b |
|
| 1 | | proceeding,
| 2 | | 4. not be admissible in evidence in any action or | 3 | | proceeding other than
one arising out of this Act.
| 4 | | B. No finding, determination, decision, ruling or order | 5 | | (including
any finding of fact, statement or conclusion made | 6 | | therein) issued pursuant
to this Act shall be admissible or | 7 | | used in evidence in any action other than
one arising out of | 8 | | this Act, nor shall it be binding or conclusive except
as | 9 | | provided in this Act, nor shall it constitute res judicata, | 10 | | regardless
of whether the actions were between the same or | 11 | | related parties or involved
the same facts.
| 12 | | C. Any officer or employee of this State, any officer or | 13 | | employee of any
entity authorized to obtain information | 14 | | pursuant to this Section, and any
agent of this State or of | 15 | | such entity
who, except with authority of
the Director under | 16 | | this Section, shall disclose information shall be guilty
of a | 17 | | Class B misdemeanor and shall be disqualified from holding any
| 18 | | appointment or employment by the State.
| 19 | | D. An individual or his duly authorized agent may be | 20 | | supplied with
information from records only to the extent | 21 | | necessary for the proper
presentation of his claim for benefits | 22 | | or with his existing or prospective
rights to benefits. | 23 | | Discretion to disclose this information belongs
solely to the | 24 | | Director and is not subject to a release or waiver by the
| 25 | | individual.
Notwithstanding any other provision to the | 26 | | contrary, an individual or his or
her duly authorized agent may |
| | | HB2699 Enrolled | - 14 - | LRB100 09362 JLS 19524 b |
|
| 1 | | be supplied with a statement of the amount of
benefits paid to | 2 | | the individual during the 18 months preceding the date of his
| 3 | | or her request.
| 4 | | E. An employing unit may be furnished with information, | 5 | | only if deemed by
the Director as necessary to enable it to | 6 | | fully discharge its obligations or
safeguard its rights under | 7 | | the Act. Discretion to disclose this information
belongs solely | 8 | | to the Director and is not subject to a release or waiver by | 9 | | the
employing unit.
| 10 | | F. The Director may furnish any information that he may | 11 | | deem proper to
any public officer or public agency of this or | 12 | | any other State or of the
federal government dealing with:
| 13 | | 1. the administration of relief,
| 14 | | 2. public assistance,
| 15 | | 3. unemployment compensation,
| 16 | | 4. a system of public employment offices,
| 17 | | 5. wages and hours of employment, or
| 18 | | 6. a public works program.
| 19 | | The Director may make available to the Illinois Workers' | 20 | | Compensation Commission
information regarding employers for | 21 | | the purpose of verifying the insurance
coverage required under | 22 | | the Workers' Compensation Act and Workers'
Occupational | 23 | | Diseases Act.
| 24 | | G. The Director may disclose information submitted by the | 25 | | State or any
of its political subdivisions, municipal | 26 | | corporations, instrumentalities,
or school or community |
| | | HB2699 Enrolled | - 15 - | LRB100 09362 JLS 19524 b |
|
| 1 | | college districts, except for information which
specifically | 2 | | identifies an individual claimant.
| 3 | | H. The Director shall disclose only that information | 4 | | required to be
disclosed under Section 303 of the Social | 5 | | Security Act, as amended, including:
| 6 | | 1. any information required to be given the United | 7 | | States Department of
Labor under Section 303(a)(6); and
| 8 | | 2. the making available upon request to any agency of | 9 | | the United States
charged with the administration of public | 10 | | works or assistance through
public employment, the name, | 11 | | address, ordinary occupation and employment
status of each | 12 | | recipient of unemployment compensation, and a statement of
| 13 | | such recipient's right to further compensation under such | 14 | | law as required
by Section 303(a)(7); and
| 15 | | 3. records to make available to the Railroad Retirement | 16 | | Board as
required by Section 303(c)(1); and
| 17 | | 4. information that will assure reasonable cooperation | 18 | | with every agency
of the United States charged with the | 19 | | administration of any unemployment
compensation law as | 20 | | required by Section 303(c)(2); and
| 21 | | 5. information upon request and on a reimbursable basis | 22 | | to the United
States Department of Agriculture and to any | 23 | | State food stamp agency
concerning any information | 24 | | required to be furnished by Section 303(d); and
| 25 | | 6. any wage information upon request and on a | 26 | | reimbursable basis
to any State or local child support |
| | | HB2699 Enrolled | - 16 - | LRB100 09362 JLS 19524 b |
|
| 1 | | enforcement agency required by
Section 303(e); and
| 2 | | 7. any information required under the income | 3 | | eligibility and
verification system as required by Section | 4 | | 303(f); and
| 5 | | 8. information that might be useful in locating an | 6 | | absent parent or that
parent's employer, establishing | 7 | | paternity or establishing, modifying, or
enforcing child | 8 | | support orders
for the purpose of a child support | 9 | | enforcement program
under Title IV of the Social Security | 10 | | Act upon the request of
and on a reimbursable basis to
the | 11 | | public
agency administering the Federal Parent Locator | 12 | | Service as required by
Section 303(h); and
| 13 | | 9. information, upon request, to representatives of | 14 | | any federal, State
or local governmental public housing | 15 | | agency with respect to individuals who
have signed the | 16 | | appropriate consent form approved by the Secretary of | 17 | | Housing
and Urban Development and who are applying for or | 18 | | participating in any housing
assistance program | 19 | | administered by the United States Department of Housing and
| 20 | | Urban Development as required by Section 303(i).
| 21 | | I. The Director, upon the request of a public agency of | 22 | | Illinois, of the
federal government or of any other state | 23 | | charged with the investigation or
enforcement of Section 10-5 | 24 | | of the Criminal Code of 2012 (or a similar
federal law or | 25 | | similar law of another State), may furnish the public agency
| 26 | | information regarding the individual specified in the request |
| | | HB2699 Enrolled | - 17 - | LRB100 09362 JLS 19524 b |
|
| 1 | | as to:
| 2 | | 1. the current or most recent home address of the | 3 | | individual, and
| 4 | | 2. the names and addresses of the individual's | 5 | | employers.
| 6 | | J. Nothing in this Section shall be deemed to interfere | 7 | | with the
disclosure of certain records as provided for in | 8 | | Section 1706 or with the
right to make available to the | 9 | | Internal Revenue Service of the United
States Department of the | 10 | | Treasury, or the Department of Revenue of the
State of | 11 | | Illinois, information obtained under this Act.
| 12 | | K. The Department shall make available to the Illinois | 13 | | Student Assistance
Commission, upon request, information in | 14 | | the possession of the Department that
may be necessary or | 15 | | useful to the
Commission in the collection of defaulted or | 16 | | delinquent student loans which
the Commission administers.
| 17 | | L. The Department shall make available to the State | 18 | | Employees'
Retirement System, the State Universities | 19 | | Retirement System, the
Teachers' Retirement System of the State | 20 | | of Illinois, and the Department of Central Management Services, | 21 | | Risk Management Division, upon request,
information in the | 22 | | possession of the Department that may be necessary or useful
to | 23 | | the System or the Risk Management Division for the purpose of | 24 | | determining whether any recipient of a
disability benefit from | 25 | | the System or a workers' compensation benefit from the Risk | 26 | | Management Division is gainfully employed.
|
| | | HB2699 Enrolled | - 18 - | LRB100 09362 JLS 19524 b |
|
| 1 | | M. This Section shall be applicable to the information | 2 | | obtained in the
administration of the State employment service, | 3 | | except that the Director
may publish or release general labor | 4 | | market information and may furnish
information that he may deem | 5 | | proper to an individual, public officer or
public agency of | 6 | | this or any other State or the federal government (in
addition | 7 | | to those public officers or public agencies specified in this
| 8 | | Section) as he prescribes by Rule.
| 9 | | N. The Director may require such safeguards as he deems | 10 | | proper to insure
that information disclosed pursuant to this | 11 | | Section is used only for the
purposes set forth in this | 12 | | Section.
| 13 | | O. Nothing in this Section prohibits communication with an | 14 | | individual or entity through unencrypted e-mail or other | 15 | | unencrypted electronic means as long as the communication does | 16 | | not contain the individual's or entity's name in combination | 17 | | with any one or more of the individual's or entity's social | 18 | | security number; driver's license or State identification | 19 | | number; account number or credit or debit card number; or any | 20 | | required security code, access code, or password that would | 21 | | permit access to further information pertaining to the | 22 | | individual or entity.
| 23 | | P. (Blank).
| 24 | | Q. The Director shall make available to an elected federal
| 25 | | official the name and address of an individual or entity that | 26 | | is located within
the jurisdiction from which the official was |
| | | HB2699 Enrolled | - 19 - | LRB100 09362 JLS 19524 b |
|
| 1 | | elected and that, for the most
recently completed calendar | 2 | | year, has reported to the Department as paying
wages to | 3 | | workers, where the information will be used in connection with | 4 | | the
official duties of the official and the official requests | 5 | | the information in
writing, specifying the purposes for which | 6 | | it will be used.
For purposes of this subsection, the use of | 7 | | information in connection with the
official duties of an | 8 | | official does not include use of the information in
connection | 9 | | with the solicitation of contributions or expenditures, in | 10 | | money or
in kind, to or on behalf of a candidate for public or | 11 | | political office or a
political party or with respect to a | 12 | | public question, as defined in Section 1-3
of the Election | 13 | | Code, or in connection with any commercial solicitation. Any
| 14 | | elected federal official who, in submitting a request for | 15 | | information
covered by this subsection, knowingly makes a false | 16 | | statement or fails to
disclose a material fact, with the intent | 17 | | to obtain the information for a
purpose not authorized by this | 18 | | subsection, shall be guilty of a Class B
misdemeanor.
| 19 | | R. The Director may provide to any State or local child | 20 | | support
agency, upon request and on a reimbursable basis, | 21 | | information that might be
useful in locating an absent parent | 22 | | or that parent's employer, establishing
paternity, or | 23 | | establishing, modifying, or enforcing child support orders.
| 24 | | S. The Department shall make available to a State's | 25 | | Attorney of this
State or a State's Attorney's investigator,
| 26 | | upon request, the current address or, if the current address is
|
| | | HB2699 Enrolled | - 20 - | LRB100 09362 JLS 19524 b |
|
| 1 | | unavailable, current employer information, if available, of a | 2 | | victim of
a felony or a
witness to a felony or a person against | 3 | | whom an arrest warrant is
outstanding.
| 4 | | T. The Director shall make available to the Department of | 5 | | State Police, a county sheriff's office, or a municipal police | 6 | | department, upon request, any information concerning the | 7 | | current address and place of employment or former places of | 8 | | employment of a person who is required to register as a sex | 9 | | offender under the Sex Offender Registration Act that may be | 10 | | useful in enforcing the registration provisions of that Act. | 11 | | U. The Director shall make information available to the | 12 | | Department of Healthcare and Family Services and the Department | 13 | | of Human Services for the purpose of determining eligibility | 14 | | for public benefit programs authorized under the Illinois | 15 | | Public Aid Code and related statutes administered by those | 16 | | departments, for verifying sources and amounts of income, and | 17 | | for other purposes directly connected with the administration | 18 | | of those programs. | 19 | | V. The Director shall make information available to the | 20 | | State Board of Elections as may be required by an agreement the | 21 | | State Board of Elections has entered into with a multi-state | 22 | | voter registration list maintenance system. | 23 | | W. The Director shall make information available to the | 24 | | State Treasurer's office and the Department of Revenue for the | 25 | | purpose of facilitating compliance with the Illinois Secure | 26 | | Choice Savings Program Act, including employer contact |
| | | HB2699 Enrolled | - 21 - | LRB100 09362 JLS 19524 b |
|
| 1 | | information for employers with 25 or more employees and any | 2 | | other information the Director deems appropriate that is | 3 | | directly related to the administration of this program. | 4 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-571, eff. 7-15-16; | 5 | | 99-933, eff. 1-27-17; revised 1-31-17.)
| 6 | | (820 ILCS 405/2201) (from Ch. 48, par. 681)
| 7 | | Sec. 2201. Refund or adjustment of contributions. Except as | 8 | | otherwise provided in this Section, not Not later than 3 years | 9 | | after the date upon which the Director first notifies an | 10 | | employing unit that it has paid
contributions, interest , or | 11 | | penalties thereon erroneously, the employing unit may file a
| 12 | | claim with the Director for an adjustment thereof in connection | 13 | | with
subsequent contribution payments, or for a refund thereof | 14 | | where such
adjustment cannot be made; provided, however, that | 15 | | no refund or adjustment
shall be made of any contribution, the | 16 | | amount of which has been determined
and assessed by the | 17 | | Director, if such contribution was paid after the
determination | 18 | | and assessment of the Director became final, and provided,
| 19 | | further, that any such adjustment or refund, involving | 20 | | contributions with
respect to wages on the basis of which | 21 | | benefits have been paid, shall be
reduced by the amount of | 22 | | benefits so paid. In the case of an erroneous payment that | 23 | | occurred on or after January 1, 2015 and prior to the effective | 24 | | date of this amendatory Act of the 100th General Assembly, the | 25 | | employing unit may file the claim for adjustment or refund not |
| | | HB2699 Enrolled | - 22 - | LRB100 09362 JLS 19524 b |
|
| 1 | | later than June 30, 2018 or 3 years after the date of the | 2 | | erroneous payment, whichever is later, subject to all of the | 3 | | conditions otherwise applicable pursuant to this Section | 4 | | regarding a claim for adjustment or refund. Upon receipt of a | 5 | | claim the
Director shall make his determination, either | 6 | | allowing such claim in whole
or in part, or ordering that it be | 7 | | denied, and serve notice upon the
claimant of such | 8 | | determination. Such determination of the Director shall be
| 9 | | final at the expiration of 20 days from the date of service of | 10 | | such notice
unless the claimant shall have filed with the | 11 | | Director a written protest
and a petition for hearing, | 12 | | specifying his objections thereto. Upon receipt
of such | 13 | | petition within the 20 days allowed, the Director shall fix the
| 14 | | time and place for a hearing and shall notify the claimant | 15 | | thereof. At any
hearing held as herein provided, the | 16 | | determination of the Director shall be
prima facie correct and | 17 | | the burden shall be upon the protesting employing
unit to prove | 18 | | that it is incorrect. All of the provisions of this Act
| 19 | | applicable to hearings conducted pursuant to Section 2200 shall | 20 | | be
applicable to hearings conducted pursuant to this Section. | 21 | | Upon the
conclusion of such hearing, a decision shall be made | 22 | | by the Director and
notice thereof given to the claimant. If | 23 | | the Director shall decide that the
claim be allowed in whole or | 24 | | in part, or if such allowance be ordered by
the Court pursuant | 25 | | to Section 2205 and the judgment of said Court has
become | 26 | | final, the Director shall, if practicable, make adjustment |
| | | HB2699 Enrolled | - 23 - | LRB100 09362 JLS 19524 b |
|
| 1 | | without
interest in connection with subsequent contribution | 2 | | payments by the
claimant, and if adjustments thereof cannot | 3 | | practicably be made in
connection with such subsequent | 4 | | contribution payments, then the Director
shall refund to the | 5 | | claimant the amount so allowed, without interest
except as | 6 | | otherwise provided in Section 2201.1 from
moneys in the benefit | 7 | | account established by this Act. Nothing herein
contained shall | 8 | | prohibit the Director from making adjustment or refund upon
his | 9 | | own initiative, within the time allowed for filing claim | 10 | | therefor,
provided that the Director shall make no refund or | 11 | | adjustment of any
contribution, the amount of which he has | 12 | | previously determined and
assessed, if such contribution was | 13 | | paid after the determination and
assessment became final.
| 14 | | If this State should not be certified for any year by the | 15 | | Secretary of
Labor of the United States of America, or other | 16 | | appropriate Federal agency,
under Section 3304 of the Federal | 17 | | Internal Revenue Code of 1954, the
Director shall refund | 18 | | without interest to any instrumentality of the United
States | 19 | | subject to this Act by virtue of permission granted in an Act | 20 | | of
Congress, the amount of contributions paid by such | 21 | | instrumentality with
respect to such year.
| 22 | | The Director may by regulation provide that, if there is a | 23 | | total credit
balance of less than $2 in an employer's account | 24 | | with respect to contributions,
interest, and penalties, the | 25 | | amount may be disregarded by the Director; once
disregarded, | 26 | | the amount shall not be considered a credit balance in the
|
| | | HB2699 Enrolled | - 24 - | LRB100 09362 JLS 19524 b |
|
| 1 | | account and shall not be subject to either an adjustment or a | 2 | | refund.
| 3 | | (Source: P.A. 98-1133, eff. 1-1-15.)
| 4 | | (820 ILCS 405/2201.1) (from Ch. 48, par. 681.1)
| 5 | | Sec. 2201.1. Interest on Overpaid Contributions, Penalties | 6 | | and
Interest. The Director shall quarterly semi-annually | 7 | | furnish each employer with a
statement of credit balances in | 8 | | the employer's account where the balances
with respect to all | 9 | | contributions, interest and penalties combined equal or
exceed | 10 | | $2. Under regulations
prescribed by the Director and subject to | 11 | | the limitations of Section 2201,
the employer may file a | 12 | | request for an adjustment or refund of the amount
erroneously | 13 | | paid. Interest shall be paid on refunds of erroneously paid
| 14 | | contributions, penalties and interest imposed by this Act, | 15 | | except that if
any refund is mailed by the Director within 90 | 16 | | days after the date of the
refund claim, no interest shall be | 17 | | due or paid. The interest shall begin
to accrue as of the date | 18 | | of the refund claim and shall be paid at the rate
of 1.5% per | 19 | | month computed at the rate of 12/365 of 1.5% for each day or
| 20 | | fraction thereof. Interest paid pursuant to this Section shall | 21 | | be paid from
monies in the special administrative account | 22 | | established by Sections 2100
and 2101. This Section shall apply | 23 | | only to refunds of contributions,
penalties and interest which | 24 | | were paid as the result of wages paid after
January 1, 1988.
| 25 | | (Source: P.A. 98-1133, eff. 1-1-15.)
|
| | | HB2699 Enrolled | - 25 - | LRB100 09362 JLS 19524 b |
|
| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
|
|