HB1041sam003 97TH GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 12/3/2012

09700HB1041sam003 LRB097 03861 KTG 72481 a

AMENDMENT TO HOUSE BILL 1041

AMENDMENT NO. ______. Amend House Bill 1041 by replacing everything after the enacting clause with the following:

"Section 5. The Unemployment Insurance Act is amended by changing Section 802 as follows:

(820 ILCS 405/802) (from Ch. 48, par. 472)

Sec. 802. Appointment of referees and providing legal services in disputed claims.

A. To hear and decide disputed claims, the Director shall obtain an adequate number of impartial Referees selected in accordance with the provisions of the "Personnel Code" enacted by the Sixty-ninth General Assembly. No person shall participate on behalf of the Director or the Board of Review in any case in which he is an interested party. The Director shall provide the Board of Review and such Referees with proper facilities and supplies and with assistants and employees (selected in accordance with the provisions of the "Personnel Code" enacted by the Sixty-ninth General Assembly) necessary for the execution of their functions.

B. As provided in Section 1700.1, effective January 1, 1989, the Director shall establish a program for providing services by licensed attorneys at law to advise and represent, at hearings before the Referee, the Director or the Director's Representative, or the Board of Review, "small employers", as defined in rules promulgated by the Director, and issued pursuant to the results of the study referred to in Section 1700.1, and individuals who have made a claim for benefits with respect to a week of unemployment, whose claim has been disputed, and who are eligible under rules promulgated by the Director which are issued pursuant to the results of the study referred to in Section 1700.1.

For the period beginning July 1, 1994, and extending through June 30, 1996, no legal services shall be provided under the program established under this subsection.

For the period beginning July 1, 1990, and extending through June 30, 1991, no legal services shall be provided under the program established pursuant to this subsection.

For all or any part of the period commencing as of the first day of the first week for which benefits are no longer payable in the State pursuant to the federal Supplemental Appropriations Act, 2008, and extending through June 30, 2014, the Director may suspend the programs established pursuant to this subsection B if, in the Director's judgment, the suspension is necessary to assist in offsetting the loss of federal grants attributable to the fact that the benefits are no longer payable. In the event of the suspension of a program pursuant to this amendatory Act of the 97th General Assembly, a provider of services under the program shall be entitled to compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with its contract under the program, up to and including the date of suspension.

(Source: P.A. 88-655, eff. 9-16-94; 89-21, eff. 6-6-95.)

Section 99. Effective date. This Act takes effect upon becoming law.".