95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1171

 

Introduced 2/8/2007, by Sen. James A. DeLeo

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/2205   from Ch. 48, par. 685
820 ILCS 405/2302   from Ch. 48, par. 702
820 ILCS 405/2306   from Ch. 48, par. 706

    Amends the Unemployment Insurance Act. Deletes references to the Commissioner of Unemployment Compensation.


LRB095 08627 WGH 28810 b

 

 

A BILL FOR

 

SB1171 LRB095 08627 WGH 28810 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 2205, 2302, and 2306 as follows:
 
6     (820 ILCS 405/2205)  (from Ch. 48, par. 685)
7     Sec. 2205. Judicial review of decisions on contributions.
8 The Circuit Court of the county wherein the hearing provided
9 for in Sections 2200 and 2201 was held shall have power to
10 review the final administrative decisions of the Director
11 rendered pursuant to those Sections. The provisions of the
12 Administrative Review Law, and all amendments and
13 modifications thereof, and the rules adopted pursuant thereto,
14 shall apply to and govern all proceedings for the judicial
15 review of such final administrative decisions of the Director.
16 The term "administrative decision" is defined as in Section
17 3-101 of the Code of Civil Procedure. Such review proceedings
18 shall be given precedence over all other civil cases except
19 cases arising under the Workers' Compensation Act of this
20 State.
21     The Director shall not be required to certify the record to
22 the Circuit Court unless the party commencing such proceedings
23 for review shall pay to the Director the cost of certification

 

 

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1 of the record as provided in Section 2200. The Director or the
2 Commissioner of Unemployment Compensation, in the absence of
3 the Director, upon receipt of such payment, shall prepare and
4 certify to the court a true and correct typewritten copy of all
5 matters contained in such record.
6     The Clerk of any court rendering a decision affecting a
7 decision of the Director shall promptly furnish the Director
8 with a copy of such court's decision, without charge, and the
9 Director shall enter an order in accordance with such decision.
10 (Source: P.A. 84-1438.)
 
11     (820 ILCS 405/2302)  (from Ch. 48, par. 702)
12     Sec. 2302. Admissibility of certified copies. A copy of any
13 document or record on file with the Director certified to be a
14 true copy by the Director, or the Commissioner of Unemployment
15 Compensation, under the seal of the Department of Employment
16 Security, shall be admissible in evidence at any hearing
17 conducted pursuant to the provisions of this Act and in all
18 judicial proceedings, in the same manner as are public
19 documents.
20 (Source: P.A. 83-1503.)
 
21     (820 ILCS 405/2306)  (from Ch. 48, par. 706)
22     Sec. 2306. Certified copies of decisions or notices as
23 evidence. A copy of any finding or decision of a claims
24 adjudicator, Referee or the Board of Review and of any

 

 

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1 decision, order, ruling, determination and assessment,
2 statement of benefit wages, statement of benefit charges, or
3 rate determination made by the Director, and of any notice
4 served by the Director, upon certification by the Commissioner
5 of Unemployment Compensation or the Director to be a true and
6 correct copy, and further certification that the records of the
7 Director disclose that it was duly served upon the employing
8 unit therein named, shall be admissible into evidence in all
9 hearings and judicial proceedings as prima facie proof that it
10 was made, rendered, or issued and that it was duly served upon
11 such employing unit at the time and in the manner stated in
12 such certification.
13 (Source: P.A. 85-1009.)