Public Act 103-0343
 
HB3301 EnrolledLRB103 29378 SPS 55767 b


  
    AN ACT concerning child support enforcement.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Unemployment Insurance Act is amended  by 
changing Section 1801.1 as follows:
 
 

    (820 ILCS 405/1801.1)

 
    Sec. 1801.1. Directory of New Hires. 

    A. The Director shall establish and operate an automated 
directory of newly
hired employees which shall be known as the 
"Illinois Directory of New Hires"
which shall contain the 
information required to be reported by employers to the

Department under subsection B.
In the administration of the 
Directory, the Director
shall comply with any requirements 
concerning the Employer New Hire Reporting
Program established 
by the
federal Personal Responsibility and Work
Opportunity 
Reconciliation
Act of 1996.  The Director is authorized to use 
the information contained in
the Directory of New Hires to 
administer any of the provisions of this Act. 

    B. Each employer in Illinois, except a department, agency, 
or
instrumentality of the United States, shall file with the 
Department a report
in accordance with rules adopted by the 
Department (but
in any event not later
than 20 days after the 
date the employer hires the employee or, in the case of
an 
employer transmitting reports magnetically or electronically, 
by 2 monthly
transmissions, if necessary, not less than 12 
days nor more than 16 days apart)
providing
the following 
information concerning each newly hired employee: the

employee's name, address, and social security number, the date 
services for remuneration were first performed by the 
employee, and the employer's name,
address, Federal Employer 
Identification Number assigned under Section 6109 of
the 
Internal Revenue Code of 1986, and such other information
as 
may be required by federal law or regulation,
provided that 
each employer may voluntarily file the address to which the 
employer wants income
withholding orders to be mailed, if it 
is different from the address given on
the Federal Employer 
Identification Number.  An
employer in Illinois which transmits 
its reports electronically or
magnetically and which also has 
employees in another state may report all
newly hired 
employees to a single designated state in which the employer 
has
employees if it has so notified the Secretary of the United 
States Department
of Health and Human Services in writing.
An 
employer may, at its option, submit information regarding
any 
rehired employee in the same manner as information is 
submitted
regarding a newly hired employee.
Each report 
required under this
subsection shall, to the extent 
practicable, be made on an Internal Revenue Service Form W-4 
or, at the
option of the employer, an equivalent form, and may 
be transmitted by first
class mail, by telefax, magnetically, 
or electronically.

    C. An employer which knowingly fails to comply with the 
reporting
requirements established by this Section shall be 
subject to a civil penalty of
$15 for each individual whom it 
fails to report.  An employer shall be
considered to have 
knowingly failed to comply with the reporting requirements

established by this Section with respect to an individual if 
the employer has
been notified by the Department that it has 
failed to report
an individual, and it fails, without 
reasonable cause, to supply the
required information to the 
Department within 21 days after the date of
mailing of the 
notice.
Any individual who knowingly conspires with the newly 
hired
employee to cause the employer
to fail to report the 
information required by this Section or who knowingly

conspires with the newly hired employee to cause the employer 
to file a false
or incomplete report shall be guilty of a Class 
B misdemeanor with a fine not
to exceed $500 with respect to 
each employee with whom the individual so
conspires.

    D. As used in this Section,
"newly hired employee" means 
an
individual who (i) is an employee within the meaning of 
Chapter 24 of the Internal
Revenue Code of 1986 including an 
individual under an independent contractor arrangement, and 
(ii) either has not previously been employed by the employer 
or was previously employed by the employer but has been 
separated from that prior employment for at least 60 
consecutive days; however, "newly hired employee" does not

include
an employee of a federal or State agency performing 
intelligence or
counterintelligence functions, if the head of 
that agency has determined that
the filing of the report 
required by this Section with respect to the employee
could 
endanger the safety of
the employee
or compromise an ongoing 
investigation or
intelligence mission.

    Notwithstanding Section 205, and for the purposes of this 
Section only, the
term "employer" has the meaning given by 
Section 3401(d) of the Internal
Revenue Code of 1986 and 
includes any governmental entity and labor
organization as 
defined by Section 2(5) of the National Labor Relations Act,

and includes any entity (also known as a hiring hall) which is 
used by the
organization and an employer to carry out the 
requirements described in Section
8(f)(3) of that Act of an 
agreement between the organization and the
employer.

(Source: P.A. 97-621, eff. 11-18-11; 97-689, eff. 6-14-12; 
97-791, eff. 1-1-13; 98-107, eff. 7-23-13; 98-463, eff. 
8-16-13.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2024.