20 ILCS 1005/ Civil Administrative Code of Illinois. (Department of Employment Security Law)

(20 ILCS 1005/Art. 1005 heading) ARTICLE 1005. DEPARTMENT OF EMPLOYMENT SECURITY

(20 ILCS 1005/1005-1)

Sec. 1005-1. Article short title. This Article 1005 of the Civil Administrative Code of Illinois may be cited as the Department of Employment Security Law.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-5)

Sec. 1005-5. Definitions. In this Law:

"Department" means the Department of Employment Security.

"Director" means the Director of Employment Security.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-10) (was 20 ILCS 1005/43a)

Sec. 1005-10. Powers, generally. The Department has the powers enumerated in the following Sections.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-15) (was 20 ILCS 1005/43a.02)

Sec. 1005-15. Employment opportunities. The Department has the power to advance opportunities for profitable employment.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-20) (was 20 ILCS 1005/43a.04)

Sec. 1005-20. Statistical details of manufacturing industries and commerce. The Department has the power to collect, collate, assort, systematize, and report statistical details of the manufacturing industries and commerce of the State.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-25) (was 20 ILCS 1005/43a.05)

Sec. 1005-25. Labor information. The Department has the power to acquire and diffuse useful information on subjects connected with labor in the most general and comprehensive sense of that word.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-30) (was 20 ILCS 1005/43a.03)

Sec. 1005-30. Statistical details relating to departments of labor. The Department has the power to collect, collate, assort, systematize, and report statistical details relating to all departments of labor, especially in its relation to commercial, industrial, social, educational, and sanitary conditions, and to the permanent prosperity of the manufacturing and productive industries.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-35) (was 20 ILCS 1005/43a.07)

Sec. 1005-35. General conditions of leading industries. The Department has the power to acquire information and report upon the general conditions, so far as production is concerned, of the leading industries of the State.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-40) (was 20 ILCS 1005/43a.08)

Sec. 1005-40. Conditions of employment. The Department has the power to acquire and diffuse information as to the conditions of employment and other facts that may be deemed of value to the industrial interests of the State.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-45) (was 20 ILCS 1005/43a.06)

Sec. 1005-45. Prosperity of laboring men and women.

(a) The Department has the power to acquire and diffuse among the people useful information concerning the means of promoting the material, social, intellectual, and moral prosperity of laboring men and women.

(b) The Department shall monitor the employment progress of women and minorities in the work force, including access to the public sector, the private sector, labor unions, and collective bargaining units. This information shall be provided to the General Assembly in the form of a biennial report no later than April 1 of each even-numbered year.

(Source: P.A. 99-652, eff. 1-1-17.)

(20 ILCS 1005/1005-47)

Sec. 1005-47. IllinoisJobLink.com.

(a) The Department of Employment Security, through its IllinoisJobLink.com System, or a successor system, shall maintain a web site that allows job seekers to search online for employment opportunities that match the skills of the person seeking employment.

(b) Each executive branch State agency and any individual or entity that is party to a contract with an executive branch State agency, except those individuals or entities that are party to a contract with a bona fide labor organization and perform construction or construction-related services as defined in Section 1-15.20 of the Illinois Procurement Code, must either (i) post employment vacancies on the Department's IllinoisJobLink.com System or its successor system or (ii) provide an online link to its employment vacancies so that this link is accessible through the web page of the IllinoisJobLink.com System or its successor system. "State agency" has the meaning as defined in Section 1-5 of the State Officials and Employees Ethics Act and, for purposes of this Section, includes community colleges. "Contract" has the meaning given to that term in Section 1-15.30 of the Illinois Procurement Code. The Department of Central Management Services shall comply with this Section on behalf of executive branch State agencies with one or more positions subject to any jurisdiction of the Personnel Code.

This Section does not apply to positions exempt from the requirements of the Rutan decision or to construction-related services as defined in Section 1-15.20 of the Illinois Procurement Code.

(c) All units of local government, school districts, and other public and private employers not subject to subsection (b) may, and are encouraged to, post employment vacancies on the IllinoisJobLink.com System or successor system.

(d) The Department may not charge any employer or any person seeking employment a fee for using the IllinoisJobLink.com System or successor system.

(e) The Department is authorized to adopt all rules necessary to implement and administer the IllinoisJobLink.com System or any successor system under this Section.

(Source: P.A. 98-107, eff. 7-23-13.)

(20 ILCS 1005/1005-50) (was 20 ILCS 1005/43a.11)

Sec. 1005-50. Welfare of wage earners. The Department has the power to foster, promote, and develop the welfare of wage earners.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-55)

Sec. 1005-55. Social security numbers; disclosure prohibited. Except as required under State or federal law, the Department shall not disclose an individual's entire social security number in any correspondence physically mailed to an individual or entity. The Department shall develop a process that allows for identifying information other than an individual's entire social security number to be used in correspondence. This Section does not apply to electronic data sharing pursuant to a written agreement containing appropriate security and confidentiality provisions or to an individual's or entity's access to information in the individual's or entity's secure account in the Department's databases.

(Source: P.A. 102-26, eff. 6-25-21.)

(20 ILCS 1005/1005-60)

Sec. 1005-60. (Repealed).

(Source: P.A. 92-87, eff. 7-18-01. Repealed by P.A. 93-915, eff. 1-1-05.)

(20 ILCS 1005/1005-75) (was 20 ILCS 1005/43a.12)

Sec. 1005-75. Jobs for summer employment of youth. The Department has the power to make available through its offices a listing of all jobs available in each area for the summer employment of youth.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-100) (was 20 ILCS 1005/43a.01)

Sec. 1005-100. Public employment offices. The Department has the power to exercise the rights, powers, and duties vested by law in the general advisory board of public employment offices, local advisory boards of public employment offices, and other officers and employees of public employment offices.

(Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-105) (was 20 ILCS 1005/43a.09)

Sec. 1005-105. Administration of Unemployment Insurance Act. The Department has the power to administer the provisions of the Unemployment Insurance Act insofar as those provisions relate to the powers and duties of the Director.

(Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-110) (was 20 ILCS 1005/44a)

Sec. 1005-110. Board of Review. The Board of Review in the Department shall exercise all powers and be subject to all duties conferred or imposed upon the Board by the provisions of the Unemployment Insurance Act, in its own name and without any direction, supervision, or control by the Director.

(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, eff. 6-28-01.)

(20 ILCS 1005/1005-115) (was 20 ILCS 1005/43a.10)

Sec. 1005-115. Transfer of lands to other State agency; acquisition of federal lands. The Department has the power to transfer jurisdiction of any realty under the control of the Department to any other department of the State government or to acquire or accept federal lands when the transfer, acquisition, or acceptance is advantageous to the State and is approved in writing by the Governor.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-120) (was 20 ILCS 1005/43a.13)

Sec. 1005-120. Contracts for payment of compensation to Department. The Department has the power to enter into contracts that may provide for payment of negotiated royalties, licensing fees, or other compensation to the Department.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14)

Sec. 1005-130. Exchange of information for child support enforcement.

(a) The Department has the power to exchange with the Department of Healthcare and Family Services information that may be necessary for the enforcement of child support orders entered pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, the Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015.

(b) Notwithstanding any provisions in the Civil Administrative Code of Illinois to the contrary, the Department of Employment Security shall not be liable to any person for any disclosure of information to the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) under subsection (a) or for any other action taken in good faith to comply with the requirements of subsection (a).

(c) The Department, in collaboration with the Department of Healthcare and Family Services and the Department of Central Management Services, shall implement a pilot program that seeks to connect parents in arrearage on child support obligations with work opportunities. The work opportunities provided to program participants shall include opportunities offered by employers located in the State of Illinois including, but not limited to, State employment. The pilot program shall end on June 30, 2025. No later than 60 days after the end of the pilot program, the Department shall provide a program report to the General Assembly. This subsection is repealed on January 1, 2026.

(Source: P.A. 103-356, eff. 1-1-24.)

(20 ILCS 1005/1005-150) (was 20 ILCS 5/34.2)

Sec. 1005-150. Transfer from Department of Labor, Bureau of Employment Security. The Department of Employment Security shall assume all rights, powers, duties, and responsibilities of the Department of Labor, Bureau of Employment Security as the successor to that Bureau. The Bureau of Employment Security in the Department of Labor is hereby abolished.

Personnel, books, records, papers, documents, property, real and personal, unexpended appropriations, and pending business in any way pertaining to the former Department of Labor, Bureau of Employment Security are transferred to the Department of Employment Security, but any rights of employees or the State under the Personnel Code or any other contract or plan shall be unaffected by this transfer. No rule or regulation promulgated by the Department of Labor pursuant to an exercise of any right, power, duty, or responsibility transferred to the Department of Employment Security shall be affected by this amendatory Act of 1984, and all those rules and regulations shall become the rules and regulations of the Department of Employment Security.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1005/1005-155)

Sec. 1005-155. Illinois worknet Centers report. The Department of Employment Security, or the State agency responsible for the oversight of the federal Workforce Innovation and Opportunity Act if that agency is not the Department of Employment Security, shall prepare a report for the Governor and the General Assembly regarding the progress of the Illinois Employment and Training Centers in serving individuals with disabilities. The report must include, but is not limited to, the following: (i) the number of individuals referred to the Illinois Employment and Training Centers by the Department of Human Services Office of Rehabilitation Services; (ii) the total number of individuals with disabilities served by the Illinois Employment and Training Centers; (iii) the number of individuals with disabilities served in federal Workforce Innovation and Opportunity Act employment and training programs; (iv) the number of individuals with disabilities annually placed in jobs by the Illinois Employment and Training Centers; and (v) the number of individuals with disabilities referred by the Illinois Employment and Training Centers to the Department of Human Services Office of Rehabilitation Services. The report is due by December 31, 2004 based on the previous State program year of July 1 through June 30, and is due annually thereafter. "Individuals with disabilities" are defined as those who self-report as being qualified as disabled under the 1973 Rehabilitation Act or the 1990 Americans with Disabilities Act, for the purposes of this Law.

(Source: P.A. 99-143, eff. 7-27-15; 100-477, eff. 9-8-17.)

(20 ILCS 1005/1005-160)

Sec. 1005-160. Misclassification of employees as independent contractors. The Department of Labor, the Department of Employment Security, the Department of Revenue, the Office of the State Comptroller, and the Illinois Workers' Compensation Commission shall cooperate under the Employee Classification Act by sharing information concerning any suspected misclassification by an employer or entity, as defined in the Employee Classification Act, of one or more employees as independent contractors.

(Source: P.A. 95-26, eff. 1-1-08.)

(20 ILCS 1005/1005-165)

Sec. 1005-165. Disabled veterans outreach. The Department shall employ such disabled veterans outreach program specialists as appropriate and efficient according to Section 4103A of Title 38 of the United States Code, or any successor legislation, based upon available federal funding for that purpose.

(Source: P.A. 98-107, eff. 7-23-13.)