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|[ Introduced ]||[ House Amendment 002 ]|
90_HB0614eng 305 ILCS 5/10-24 new Amends the Illinois Public Aid Code. Requires the Department of Public Aid to establish, no later then October 1, 1998, an automated directory containing identifying information, submitted by the employer, for each new employee hired in the State. Provides that the directory shall be used to facilitate the enforcement, collection, and disbursement of child support payments. States that the directory shall be known as the State Directory of New Hires. Provides for sharing information with other State agencies for the purpose of collecting other debts owed to the State. LRB9000328DJcdA HB0614 Engrossed LRB9000328DJcdA 1 AN ACT to amend the Unemployment Insurance Act by 2 changing Sections 1300 and 1900 and adding Section 1801.1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Unemployment Insurance Act is amended by 6 changing Sections 1300 and 1900 and adding Section 1801.1 as 7 follows: 8 (820 ILCS 405/1300) (from Ch. 48, par. 540) 9 Sec. 1300. Waiver or transfer of benefit rights - 10 Partial exemption. 11 (A) Except as otherwise provided herein any agreement by 12 an individual to waive, release or commute his rights under 13 this Act shall be void. 14 (B) Benefits due under this Act shall not be assigned, 15 pledged, encumbered, released or commuted and shall be exempt 16 from all claims of creditors and from levy, execution and 17 attachment or other remedy for recovery or collection of a 18 debt. However, nothing in this Section shall prohibit a 19 specified or agreed upon deduction from benefits by an 20 individual, or a court or administrative order for 21 withholding of income, for payment of past due child support 22 from being enforced and collected by the Department of Public 23 Aid on behalf of persons receiving a grant of financial aid 24 under Article IV of The Illinois Public Aid Code, persons for 25 whom an application has been made and approved for support 26 services under Section 10-1 of such Code, or persons 27 similarly situated and receiving like support services in 28 other states. It is provided that: 29 (1) The aforementioned deduction of benefits and 30 order for withholding of income apply only if appropriate 31 arrangements have been made for reimbursement to the HB0614 Engrossed -2- LRB9000328DJcdA 1 Director by the Department of Public Aid for any 2 administrative costs incurred by the Director under this 3 Section. 4 (2) The Director shall deduct and withhold from 5 benefits payable under this Act, or under any arrangement 6 for the payment of benefits entered into by the Director 7 pursuant to the powers granted under Section 2700 of this 8 Act, the amount specified or agreed upon. In the case of 9 a court or administrative order for withholding of 10 income, the Director shall withhold the amount of the 11 order. 12 (3) Any amount deducted and withheld by the 13 Director shall be paid to the Department of Public Aid on 14 behalf of the individual. 15 (4) Any amount deducted and withheld under 16 subsection (3) shall for all purposes be treated as if it 17 were paid to the individual as benefits and paid by such 18 individual to the Department of Public Aid in 19 satisfaction of the individual's child support 20 obligations. 21 (5) For the purpose of this Section, child support 22 is defined as those obligations which are being enforced 23 pursuant to a plan described in Title IV, Part D, Section 24 454 of the Social Security Act and approved by the 25 Secretary of Health and Human Services. 26 (6) The deduction of benefits and order for 27 withholding of income for child support shall be governed 28 by Titles III and IV of the Social Security Act and all 29 regulations duly promulgated thereunder. 30 (C) Nothing in this Section prohibits an individual from 31 voluntarily electing to have federal income tax deducted and 32 withheld from his or her unemployment insurance benefit 33 payments. 34 (1) The Director shall, at the time that an HB0614 Engrossed -3- LRB9000328DJcdA 1 individual files his or her claim for benefits that 2 establishes his or her benefit year, inform the 3 individual that: 4 (a) unemployment insurance is subject to 5 federal, State, and local income taxes; 6 (b) requirements exist pertaining to estimated 7 tax payments; 8 (c) the individual may elect to have federal 9 income tax deducted and withheld from his or her 10 payments of unemployment insurance in the amount 11 specified in the federal Internal Revenue Code; and 12 (d) the individual is permitted to change a 13 previously elected withholding status no more than 14 once each calendar year. 15 (2) Amounts deducted and withheld from unemployment 16 insurance shall remain in the unemployment fund until 17 transferred to the federal taxing authority as a payment 18 of income tax. 19 (3) The Director shall follow all procedures 20 specified by the United States Department of Labor and 21 the federal Internal Revenue Service pertaining to the 22 deducting and withholding of income tax. 23 (4) Amounts shall be deducted and withheld in 24 accordance with the priorities established in rules 25 promulgated by the Director. 26 (D) Nothing in this Section prohibits an individual from 27 voluntarily electing to have State of Illinois income tax 28 deducted and withheld from his or her unemployment insurance 29 benefit payments if such deduction and withholding is 30 provided for pursuant to rules promulgated by the Director. 31 (1) If pursuant to rules promulgated by the 32 Director, an individual may voluntarily elect to have 33 State of Illinois income tax deducted and withheld from 34 his or her unemployment insurance benefit payments, the HB0614 Engrossed -4- LRB9000328DJcdA 1 Director shall, at the time that an individual files his 2 or her claim for benefits that establishes his or her 3 benefit year, in addition to providing the notice 4 required under subsection C, inform the individual that: 5 (a) the individual may elect to have State of 6 Illinois income tax deducted and withheld from his 7 or her payments of unemployment insurance in the 8 amount specified pursuant to rules promulgated by 9 the Director; and 10 (b) the individual is permitted to change a 11 previously elected withholding status no more than 12 once each calendar year. 13 (2) Amounts deducted and withheld from unemployment 14 insurance shall remain in the unemployment fund until 15 transferred to the Department of Revenue as a payment of 16 State of Illinois income tax. 17 (3) Amounts shall be deducted and withheld in 18 accordance with the priorities established in rules 19 promulgated by the Director. 20 (E) Nothing in this Section prohibits the deduction and 21 withholding of an uncollected overissuance of food stamp 22 coupons from unemployment insurance benefits pursuant to this 23 subsection (E). 24 (1) At the time that an individual files a claim 25 for benefits that establishes his or her benefit year, 26 that individual must disclose whether or not he or she 27 owes an uncollected overissuance (as defined in Section 28 13(c)(1) of the federal Food Stamp Act of 1977) of food 29 stamp coupons. The Director shall notify the State food 30 stamp agency enforcing such obligation of any individual 31 who discloses that he or she owes an uncollected 32 overissuance of food stamp coupons and who meets the 33 monetary eligibility requirements of subsection E of 34 Section 500. HB0614 Engrossed -5- LRB9000328DJcdA 1 (2) The Director shall deduct and withhold from any 2 unemployment insurance benefits payable to an individual 3 who owes an uncollected overissuance of food stamp 4 coupons: 5 (a) the amount specified by the individual to 6 the Director to be deducted and withheld under this 7 subsection (E). 8 (b) the amount (if any) determined pursuant to 9 an agreement submitted to the State food stamp 10 agency under Section 13(c)(3)(A) of the federal Food 11 Stamp Act of 1977; or 12 (c) any amount otherwise required to be 13 deducted and withheld from unemployment insurance 14 benefits pursuant to Section 13(c)(3)(B) of the 15 federal Food Stamp Act of 1977. 16 (3) Any amount deducted and withheld pursuant to 17 this subsection (E) shall be paid by the Director to the 18 State food stamp agency. 19 (4) Any amount deducted and withheld pursuant to 20 this subsection (E) shall for all purposes be treated as 21 if it were paid to the individual as unemployment 22 insurance benefits and paid by the individual to the 23 State food stamp agency as repayment of the individual's 24 uncollected overissuance of food stamp coupons. 25 (5) For purposes of this subsection (E), 26 "unemployment insurance benefits" means any compensation 27 payable under this Act including amounts payable by the 28 Director pursuant to an agreement under any federal law 29 providing for compensation, assistance, or allowances 30 with respect to unemployment. 31 (6) This subsection (E) applies only if 32 arrangements have been made for reimbursement by the 33 State food stamp agency for the administrative costs 34 incurred by the Director under this subsection (E) which HB0614 Engrossed -6- LRB9000328DJcdA 1 are attributable to the repayment of uncollected 2 overissuances of food stamp coupons to the State food 3 stamp agency. 4 (Source: P.A. 89-446, eff. 1-1-97.) 5 (820 ILCS 405/1801.1 new) 6 Sec. 1801.1. Directory of New Hires. 7 A. The Director shall establish and operate an automated 8 directory of newly hired employees which shall be known as 9 the "Illinois Directory of New Hires" which shall contain the 10 information required to be reported by employers to the 11 Department under subsection B. In the administration of the 12 Directory, the Director shall comply with any requirements 13 concerning the Employer New Hire Reporting Program 14 established by the federal Personal Responsibility and Work 15 Opportunity Reconciliation Act of 1996. The Director is 16 authorized to use the information contained in the Directory 17 of New Hires to administer any of the provisions of this Act. 18 B. On and after October 1, 1997, each employer in 19 Illinois, except a department, agency, or instrumentality of 20 the United States, shall file with the Department a report in 21 accordance with rules adopted by the Department (but in any 22 event not later than 20 days after the date the employer 23 hires the employee or, in, the case of an employer 24 transmitting reports magnetically or electronically, by 2 25 monthly transmissions, if necessary, not less than 12 days 26 nor more than 16 days apart) providing the following 27 information concerning each newly hired employee: the 28 employee's name, address, and social security number, and the 29 employer's name, address, Federal Employer Identification 30 Number assigned under Section 6109 of the Internal Revenue 31 Code of 1986, and such other information as may be required 32 by federal law or regulation, provided that each employer may 33 voluntarily file the date of new hire, and the address to HB0614 Engrossed -7- LRB9000328DJcdA 1 which the employer wants income withholding orders to be 2 mailed, if it is different from the address given on the 3 Federal Employer Identification Number. An employer in 4 Illinois which transmits its reports electronically or 5 magnetically and which also has employees in another state 6 may report all newly hired employees to a single designated 7 state in which the employer has employees if it has so 8 notified the Secretary of the United States Department of 9 Health and Human Services in writing. Each report required 10 under this subsection shall be made on an Internal Revenue 11 Service Form W-4 or, at the option of the employer, an 12 equivalent form, and may be transmitted by first class mail, 13 magnetically, or electronically. 14 C. An employer which knowingly fails to comply with the 15 reporting requirements established by this Section shall be 16 subject to a civil penalty of $15 for each individual whom it 17 fails to report. An employer shall be considered to have 18 knowingly failed to comply with the reporting requirements 19 established by this Section with respect to an individual if 20 the employer has been notified by the Department by certified 21 mail that it has failed to report an individual, and it 22 knowingly fails, without reasonable cause, to supply the 23 required information to the Department within 21 days after 24 the date of mailing of the notice. Any individual who 25 knowingly conspires with the newly hired employee to cause 26 the employer to fail to report the information required by 27 this Section or who knowingly conspires with the newly hired 28 employee to cause the employer to file a false or incomplete 29 report shall be guilty of a Class B misdemeanor with a fine 30 not to exceed $500 with respect to each employee with whom 31 the individual so conspires. 32 D. As used in this Section, "newly hired employee" means 33 an individual who is an employee within the meaning of 34 Chapter 24 of the Internal Revenue Code of 1986, and whose HB0614 Engrossed -8- LRB9000328DJcdA 1 reporting to work which results in earnings from the employer 2 is the first instance within the preceding 180 days that the 3 individual has reported for work for which earnings were 4 received from that employer; however, "newly hired employee" 5 does not include an employee of a federal or State agency 6 performing intelligence or counterintelligence functions, if 7 the head of that agency has determined that the filing of the 8 report required by this Section with respect to the employee 9 could endanger the safety of the employee or compromise an 10 ongoing investigation or intelligence mission. 11 Notwithstanding Section 205, and for the purposes of this 12 Section only, the term "employer" has the meaning given by 13 Section 3401(d) of the Internal Revenue Code of 1986 and 14 includes any governmental entity and labor organization as 15 defined by Section 2(5) of the National Labor Relations Act, 16 and includes any entity (also known as a hiring hall) which 17 is used by the organization and an employer to carry out the 18 requirements described in Section 8(f)(3) of that Act of an 19 agreement between the organization and the employer. 20 (820 ILCS 405/1900) (from Ch. 48, par. 640) 21 Sec. 1900. Disclosure of information. 22 A. Except as provided in this Section, information 23 obtained from any individual or employing unit during the 24 administration of this Act shall: 25 1. be confidential, 26 2. not be published or open to public inspection, 27 3. not be used in any court in any pending action 28 or proceeding, 29 4. not be admissible in evidence in any action or 30 proceeding other than one arising out of this Act. 31 B. No finding, determination, decision, ruling or order 32 (including any finding of fact, statement or conclusion made 33 therein) issued pursuant to this Act shall be admissible or HB0614 Engrossed -9- LRB9000328DJcdA 1 used in evidence in any action other than one arising out of 2 this Act, nor shall it be binding or conclusive except as 3 provided in this Act, nor shall it constitute res judicata, 4 regardless of whether the actions were between the same or 5 related parties or involved the same facts. 6 C. Any officer or employee of this State, any officer or 7 employee of any entity authorized to obtain information 8 pursuant to this Section, and any agent of this State or of 9 such entity who, except with authority of the Director under 10 this Section, shall disclose information shall be guilty of a 11 Class B misdemeanor and shall be disqualified from holding 12 any appointment or employment by the State. 13 D. An individual or his duly authorized agent may be 14 supplied with information from records only to the extent 15 necessary for the proper presentation of his claim for 16 benefits or with his existing or prospective rights to 17 benefits. Discretion to disclose this information belongs 18 solely to the Director and is not subject to a release or 19 waiver by the individual. 20 E. An employing unit may be furnished with information, 21 only if deemed by the Director as necessary to enable it to 22 fully discharge its obligations or safeguard its rights under 23 the Act. Discretion to disclose this information belongs 24 solely to the Director and is not subject to a release or 25 waiver by the employing unit. 26 F. The Director may furnish any information that he may 27 deem proper to any public officer or public agency of this or 28 any other State or of the federal government dealing with: 29 1. the administration of relief, 30 2. public assistance, 31 3. unemployment compensation, 32 4. a system of public employment offices, 33 5. wages and hours of employment, or 34 6. a public works program. HB0614 Engrossed -10- LRB9000328DJcdA 1 The Director may make available to the Illinois 2 Industrial Commission information regarding employers for the 3 purpose of verifying the insurance coverage required under 4 the Workers' Compensation Act and Workers' Occupational 5 Diseases Act. 6 G. The Director may disclose information submitted by 7 the State or any of its political subdivisions, municipal 8 corporations, instrumentalities, or school or community 9 college districts, except for information which specifically 10 identifies an individual claimant. 11 H. The Director shall disclose only that information 12 required to be disclosed under Section 303 of the Social 13 Security Act, as amended, including: 14 1. any information required to be given the United 15 States Department of Labor under Section 303(a)(6); and 16 2. the making available upon request to any agency 17 of the United States charged with the administration of 18 public works or assistance through public employment, the 19 name, address, ordinary occupation and employment status 20 of each recipient of unemployment compensation, and a 21 statement of such recipient's right to further 22 compensation under such law as required by Section 23 303(a)(7); and 24 3. records to make available to the Railroad 25 Retirement Board as required by Section 303(c)(1); and 26 4. information that will assure reasonable 27 cooperation with every agency of the United States 28 charged with the administration of any unemployment 29 compensation law as required by Section 303(c)(2); and 30 5. information upon request and on a reimbursable 31 basis to the United States Department of Agriculture and 32 to any State food stamp agency concerning any information 33 required to be furnished by Section 303(d); and 34 6. any wage information upon request and on a HB0614 Engrossed -11- LRB9000328DJcdA 1 reimbursable basis to any State or local child support 2 enforcement agency required by Section 303(e); and 3 7. any information required under the income 4 eligibility and verification system as required by 5 Section 303(f); and 6 8. information that might be useful in locating an 7 absent parent or that parent's employer, establishing 8 paternity or establishing, modifying, or enforcing child 9 support orders for the purpose of a child support 10 enforcement program under Title IV of the Social Security 11 Act upon the request of and on a reimbursable basis to 12 the public agency administering the Federal Parent 13 Locator Service as required by Section 303(h); and 14 9. information, upon request, to representatives of 15 any federal, State or local governmental public housing 16 agency with respect to individuals who have signed the 17 appropriate consent form approved by the Secretary of 18 Housing and Urban Development and who are applying for or 19 participating in any housing assistance program 20 administered by the United States Department of Housing 21 and Urban Development as required by Section 303(i). 22 I. The Director, upon the request of a public agency of 23 Illinois, of the federal government or of any other state 24 charged with the investigation or enforcement of Section 10-5 25 of the Criminal Code of 1961 (or a similar federal law or 26 similar law of another State), may furnish the public agency 27 information regarding the individual specified in the request 28 as to: 29 1. the current or most recent home address of the 30 individual, and 31 2. the names and addresses of the individual's 32 employers. 33 J. Nothing in this Section shall be deemed to interfere 34 with the disclosure of certain records as provided for in HB0614 Engrossed -12- LRB9000328DJcdA 1 Section 1706 or with the right to make available to the 2 Internal Revenue Service of the United States Department of 3 the Treasury, or the Department of Revenue of the State of 4 Illinois, information obtained under this Act. 5 K. The Department shall make available to the State 6 Scholarship Commission, upon request that it may be necessary 7 or useful to the Commission in the collection of defaulted or 8 delinquent student loans which the Commission administers, 9 information limited to the names and addresses of a 10 borrower's employers. 11 L. The Department shall make available to the State 12 Employees' Retirement System, the State Universities 13 Retirement System, and the Teachers' Retirement System of the 14 State of Illinois, upon request, information in the 15 possession of the Department that may be necessary or useful 16 to the System for the purpose of determining whether any 17 recipient of a disability benefit from the System is 18 gainfully employed. 19 M. This Section shall be applicable to the information 20 obtained in the administration of the State employment 21 service, except that the Director may publish or release 22 general labor market information and may furnish information 23 that he may deem proper to an individual, public officer or 24 public agency of this or any other State or the federal 25 government (in addition to those public officers or public 26 agencies specified in this Section) as he prescribes by Rule. 27 N. The Director may require such safeguards as he deems 28 proper to insure that information disclosed pursuant to this 29 Section is used only for the purposes set forth in this 30 Section. 31 O. (Blank). 32 P. Within 30 days after the effective date of this 33 amendatory Act of 1993 and annually thereafter, the 34 Department shall provide to the Department of Financial HB0614 Engrossed -13- LRB9000328DJcdA 1 Institutions a list of individuals or entities that, for the 2 most recently completed calendar year, report to the 3 Department as paying wages to workers. The lists shall be 4 deemed confidential and may not be disclosed to any other 5 person. 6 Q. The Director shall make available to an elected 7 federal official the name and address of an individual or 8 entity that is located within the jurisdiction from which the 9 official was elected and that, for the most recently 10 completed calendar year, has reported to the Department as 11 paying wages to workers, where the information will be used 12 in connection with the official duties of the official and 13 the official requests the information in writing, specifying 14 the purposes for which it will be used. For purposes of this 15 subsection, the use of information in connection with the 16 official duties of an official does not include use of the 17 information in connection with the solicitation of 18 contributions or expenditures, in money or in kind, to or on 19 behalf of a candidate for public or political office or a 20 political party or with respect to a public question, as 21 defined in Section 1-3 of the Election Code, or in connection 22 with any commercial solicitation. Any elected federal 23 official who, in submitting a request for information covered 24 by this subsection, knowingly makes a false statement or 25 fails to disclose a material fact, with the intent to obtain 26 the information for a purpose not authorized by this 27 subsection, shall be guilty of a Class B misdemeanor. 28 R. The Director may provide to any State or local child 29 support agency, upon request and on a reimbursable basis, 30 information that might be useful in locating an absent parent 31 or that parent's employer, establishing paternity, or 32 establishing, modifying, or enforcing child support orders. 33 (Source: P.A. 88-435; 89-446, eff. 2-8-96; 89-493, eff. 34 1-1-97.) HB0614 Engrossed -14- LRB9000328DJcdA 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.
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