SB2733 93RD GENERAL ASSEMBLY

LRB093 18303 WGH 44008 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2733

Introduced 2/5/2004, by Carol Ronen

SYNOPSIS AS INTRODUCED:

820 ILCS 405/2600

from Ch. 48, par. 750

Amends the Unemployment Insurance Act. Provides that whenever a corporation or a limited liability company fails to pay contributions or payments instead of contributions as prescribed in the Act, or fails to properly file the reports as are required by the Act, those employees, managers, or officers having control or supervision of or charged with the responsibility of filing the reports and remitting the contributions or payments instead of contributions and who willfully fail to do so are personally liable for the total amount of the contributions or payments instead of contributions, not paid, together with any interest and penalties that may be due.

A BILL FOR

AN ACT concerning unemployment insurance.

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 2600 as follows:

(820 ILCS 405/2600) (from Ch. 48, par. 750)

Sec. 2600. A. Every assignee, receiver, trustee in bankruptcy, liquidator, administrator, executor, sheriff, mortgagee, conditional vendor, or any other person who shall sell substantially all of (1) (A) the business, or (2) (B) the stock of goods, or (3) (C) the furniture or fixtures, or (4) (D) the machinery and equipment, or (5) (E) the goodwill of any employing unit shall, at least 7 days prior to the date of such sale, notify the Director of the name and address of the person conducting such sale, the date, the place and the terms of such sale and a description of the property to be sold. Any assignee, receiver, trustee in bankruptcy, liquidator, administrator, executor, sheriff, mortgagee, conditional vendor, or any other person who shall fail to observe the requirements of this section shall be personally responsible for all loss in contributions, penalties and interest attributable to such failure to notify the Director as herein provided.

Any employing unit which shall, outside the usual course of its business, sell or transfer substantially all or any one of the classes of its assets hereinabove enumerated and shall cease to own said business, shall, within 10 days after such sale or transfer, file such reports as the Director shall prescribe and pay the contributions, interest and penalties required by this Act with respect to wages for employment up to the date of said sale or transfer. The purchaser or transferee shall withhold sufficient of the purchase money to cover the amount of all contributions, interest and penalties due and unpaid by the seller or transferor or, if the payment of money is not involved, shall withhold the performance of the condition that constitutes the consideration for the transfer, until such time as the seller shall produce a receipt from the Director showing that the contributions, interest and penalties have been paid or a certificate that no contributions, interest or penalties are due. If the seller or transferor shall fail to pay such contributions within the 10 days specified, then the purchaser or transferee shall pay the money so withheld to the Director of Employment Security. If such seller or transferor shall fail to pay the aforementioned contributions, interest or penalties within the 10 days and said purchaser or transferee shall either fail to withhold such purchase money as above required or fail to pay the same to the Director immediately after the expiration of 10 days from the date of such sale as above required, or shall fail to withhold the performance of the condition that constitutes the consideration for the transfer in cases where the payment of money is not involved or is not the sole consideration, such purchaser or transferee shall be personally liable to the Director for the payment to the Director of the contributions, interest and penalties incurred by the seller or transferor up to the amount of the reasonable value of the property acquired by him.

Any person who shall acquire any property or rights thereto which at the time of such acquisition is subject to a valid lien in favor of the Director shall be personally liable to the Director for a sum equal to the amount of contributions secured by such lien but not to exceed the reasonable value of such property acquired by him.

B. Whenever a corporation or a limited liability company fails to pay contributions or payments instead of contributions as prescribed in this Act, or fails to properly file the reports as are required by this Act, those employees, managers, or officers having control or supervision of or charged with the responsibility of filing the reports and remitting the contributions or payments instead of contributions and who willfully fail to do so are personally liable for the total amount of the contributions or payments instead of contributions, not paid, together with any interest and penalties that may be due. Collection of the total amount due may be made from any one or combination of the employees, managers, officers, or directors by use of any of the remedies provided by law for the collection of the funds.

(Source: P.A. 83-1503.)