[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Conference Committee Report 001 ] |
90_SB0806sam001
LRB9000438WHmgam
1 AMENDMENT TO SENATE BILL 806
2 AMENDMENT NO. . Amend Senate Bill 806 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT to amend certain Acts in relation to support.";
5 and
6 on page 27, by inserting after line 15 the following:
7 "Section 10. The Unemployment Insurance Act is amended by
8 adding Section 1801.1 as follows:
9 (820 ILCS 405/1801.1 new)
10 Sec. 1801.1. Directory of New Hires.
11 A. The Director shall establish and operate an automated
12 directory of newly hired employees which shall be known as
13 the "Illinois Directory of New Hires" which shall contain the
14 information required to be reported by employers to the
15 Department under subsection B. The Department shall, on a
16 quarterly basis, furnish to the National Directory of New
17 Hires administered by the United States Department of Health
18 and Human Services information contained in the Illinois
19 Directory of New Hires concerning the wages and unemployment
20 compensation paid to individuals, by such dates, in such
21 format, and concerning such other information as the
-2- LRB9000438WHmgam
1 Secretary of Health and Human Services shall specify in
2 regulations. In the administration of the Directory, the
3 Director shall comply with any requirements concerning the
4 Employer New Hire Reporting Program established by the United
5 States Secretary of Health and Human Services in interpreting
6 the provisions of the federal Personal Responsibility and
7 Work Opportunity Reconciliation Act of 1996. The Director is
8 authorized to use the information contained in the Directory
9 of New Hires to administer any of the provisions of this Act.
10 B. Each employer in Illinois, except a department,
11 agency, or instrumentality of the United States, shall file
12 with the Department a report in accordance with rules adopted
13 by the Department (but, in any event, not later than 20 days
14 after the date the employer hires the employee, or in the
15 case of an employer transmitting reports magnetically or
16 electronically, by 2 monthly transmissions, if necessary, not
17 less than 12 days nor more than 16 days apart) the following
18 information concerning each newly hired employee: the
19 employee's name, address, and social security number, and the
20 employer's name, address, Federal Employer Identification
21 Number assigned under Section 6109 of the Internal Revenue
22 Code of 1986, and such other information that the Director
23 shall require by rule, provided that, each employer may
24 voluntarily file the date of new hire, and the address to
25 which the employer wants income withholding orders to be
26 mailed, if it is different from the address given on the
27 Federal Employer Identification Number. Employers in Illinois
28 which transmit their reports electronically or magnetically
29 and which also have employees in another state may report all
30 newly hired employees to a single designated state in which
31 the employer has employees if it has so notified the
32 Secretary of the United States Department of Health and Human
33 Services in writing. Each report required under this
34 subsection shall be made on an Internal Revenue Service Form
-3- LRB9000438WHmgam
1 W-4 or, at the option of the employer, an equivalent form,
2 and may be transmitted by first class mail, magnetically, or
3 electronically.
4 C. An employer which knowingly fails to comply with the
5 reporting requirements established by this Section shall be
6 subject to a civil penalty of $15 per each individual which
7 it fails to report. An employer shall be considered to have
8 knowingly failed to comply with the reporting requirements
9 established by this Section with respect to an individual if
10 the employer has been notified by the Department by certified
11 mail that it has failed to report an individual, and it
12 knowingly fails, without reasonable cause, to supply the
13 required information to the Department within 21 days after
14 the date of mailing of the notice. Any individual who
15 knowingly conspires with the newly hired employee to cause
16 the employer to fail to report the information required by
17 this Section or who knowingly conspires with the newly hired
18 employee to cause the employer to file a false or incomplete
19 report shall be guilty of a Class B misdemeanor, with a fine
20 not to exceed $500 with respect to each individual so
21 conspiring.
22 D. As used in this Section:
23 "Newly hired employee" means an individual who is an
24 employee within the meaning of Chapter 24 of the Internal
25 Revenue Code of 1986, and whose reporting to work which
26 results in earnings from the employer is the first instance
27 within the preceding 180 days that the individual has
28 reported for work and received earnings with respect to such
29 work from that employer, provided, however, that this
30 definition does not include an employee of a federal or State
31 agency performing intelligence or counterintelligence
32 functions, if the head of the agency has determined that the
33 filing of the report required by this Section with respect to
34 the employee could endanger the safety of or compromise an
-4- LRB9000438WHmgam
1 ongoing investigation or intelligence mission.
2 Notwithstanding Section 205, and for the purposes of this
3 Section only, the term "employer" has the meaning given by
4 Section 3401(d) of the Internal Revenue Code of 1986 and
5 includes any governmental entity and labor organization as
6 defined by Section 2(5) of the National Labor Relations Act,
7 and includes any entity (also known as a hiring hall) which
8 is used by the organization and an employer to carry out the
9 requirements described in Section 8(f)(3) of such Act of an
10 agreement between the organization and the employer.".