Full Text of HB5601 96th General Assembly
HB5601ham001 96TH GENERAL ASSEMBLY
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Rep. Ronald A. Wait
Filed: 3/17/2010
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| AMENDMENT TO HOUSE BILL 5601
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| AMENDMENT NO. ______. Amend House Bill 5601 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Unemployment Insurance Act is amended by | 5 |
| adding Section 1802 and changing Section 2800 as follows: | 6 |
| (820 ILCS 405/1802 new) | 7 |
| Sec. 1802. Services that do not constitute employment; | 8 |
| notice. | 9 |
| A. If, on or after the effective date of this amendatory | 10 |
| Act of the 96th General Assembly, an employing unit offers an | 11 |
| individual a position that involves the performance of services | 12 |
| that do not constitute employment for purposes of this Act, and | 13 |
| the individual accepts the position, the employing unit must | 14 |
| give the individual a written notice, either before the | 15 |
| individual begins performing those services or on the first day | 16 |
| that the individual performs those services, that the |
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| individual will not be eligible for unemployment insurance on | 2 |
| the basis of the services to be performed by the individual for | 3 |
| the employing unit. | 4 |
| B. An employing unit is not required to give a notice under | 5 |
| this Section to an individual if paragraphs A through C of | 6 |
| Section 212 apply with respect to the individual's performance | 7 |
| of those services.
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| (820 ILCS 405/2800) (from Ch. 48, par. 780)
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| Sec. 2800. Violations and penalties.
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| A. It shall be unlawful for any person or employing unit | 11 |
| to--
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| 1. Make a false statement or representation or fail to | 13 |
| disclose a
material fact:
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| a. To obtain, or increase, or prevent, or reduce any | 15 |
| benefit or payment
under the provisions of this Act, or under | 16 |
| the unemployment compensation
law of any State or the Federal | 17 |
| Government, either for himself or for any
other person; or
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| b. To avoid or reduce any contribution or other payment | 19 |
| required from an
employing unit under this Act.
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| 2. Fail to pay a contribution due under the provisions of | 21 |
| this Act.
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| 3. Fail to furnish any report, audit, or information duly | 23 |
| required by
the Director under this Act.
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| 4. Refuse to allow the Director or his duly authorized | 25 |
| representative to
inspect or copy the pay roll or other records |
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| or documents relative to the
enforcement of this Act or | 2 |
| required by this Act.
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| 5. Make any deduction from the wages of any individual in | 4 |
| its employ
because of its liability for the payment of | 5 |
| contributions required by this
Act.
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| 6. Knowingly fail to furnish to any individual in its | 7 |
| employ any notice,
report, or information duly required under | 8 |
| the provisions of this Act or
the rules or regulations of the | 9 |
| Director or knowingly fail to comply with Section 1802 .
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| 7. Attempt to induce any individual, directly or indirectly | 11 |
| (by promise
of re-employment or by threat not to employ or not | 12 |
| to re-employ or by any
other means), to refrain from claiming | 13 |
| or accepting benefits or to waive
any other rights under this | 14 |
| Act; or to maintain a rehiring policy which
discriminates | 15 |
| against former individuals in its employ by reason of their
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| having claimed benefits.
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| 8. Pay contributions upon wages for services not rendered | 18 |
| for such
employing unit if the purpose of such payment is | 19 |
| either to reduce the
amount of contributions due or to become | 20 |
| due from any employing unit or to
affect the benefit rights of | 21 |
| any individual.
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| 9. Solicit, or aid or abet the solicitation of, information | 23 |
| from any
individual concerning his place of employment, | 24 |
| residence, assets or
earnings, by any means which are intended | 25 |
| to mislead such individual to
believe that the person or | 26 |
| employing unit seeking such information is the
Department or |
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| one of its Divisions or branches, or a representative
thereof.
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| B. Any employing unit or person who willfully violates any | 3 |
| provision of
this Section or any other provision of this Act or | 4 |
| any rule or regulation
promulgated thereunder, or does any act | 5 |
| prohibited by this Act, or who
fails, neglects, or refuses to | 6 |
| perform any duty required by any provision
of this Act or rule | 7 |
| or regulation of the Director, within the time
prescribed by | 8 |
| the Director, for which no penalty has been specifically
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| provided, or who fails, neglects, or refuses to obey any lawful | 10 |
| order given
or made by the Director, shall be guilty of a Class | 11 |
| B misdemeanor, and each
such act, failure, neglect, or refusal | 12 |
| shall constitute a separate and
distinct offense. If such | 13 |
| person or employing unit is a corporation, the
president, the | 14 |
| secretary, and the treasurer, and any other officer
exercising | 15 |
| corresponding functions, shall each be subject to the aforesaid
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| penalties for the violation of any provisions of this Section | 17 |
| of which he
or they had or, in the exercise of his or their | 18 |
| duties, ought to have had
knowledge.
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| (Source: P.A. 77-2439.)".
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