Bill Text: IL HB3682 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Unemployment Insurance Act. Provides that, if an employing unit or its agent has a pattern of failing to respond with information required under the Act in a timely or complete manner, benefits paid to a claimant as a result of that failure shall be charged to the employing unit's account. Sets forth criteria for determining whether a pattern of failing to respond with information exists. Provides that, in addition to the amounts charged to the employing unit's account, the Department of Employment Security shall assess a civil penalty equal to the benefits paid as a result of the failure of the employing unit to respond as required. Makes other changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-02-26 - Referred to Rules Committee [HB3682 Detail]

Download: Illinois-2015-HB3682-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3682 Introduced , by Rep. Litesa E. Wallace SYNOPSIS AS INTRODUCED:
820 ILCS 405/2206.5 new
Amends the Unemployment Insurance Act. Provides that, if an employing unit or its agent has a pattern of failing to respond with information required under the Act in a timely or complete manner, benefits paid to a claimant as a result of that failure shall be charged to the employing unit's account. Sets forth criteria for determining whether a pattern of failing to respond with information exists. Provides that, in addition to the amounts charged to the employing unit's account, the Department of Employment Security shall assess a civil penalty equal to the benefits paid as a result of the failure of the employing unit to respond as required. Makes other changes. Effective immediately.
LRB099 09686 JLS 29895 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning employment.
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
adding Section 2206.5 as follows:
(820 ILCS 405/2206.5 new)
Sec. 2206.5. Failure to respond; penalty.
(a) If an employing unit or its agent has a pattern of
failing to respond with information required under this Act in
a timely or complete manner, benefits paid to a claimant as a
result of that failure shall be charged to the employing unit's
account. Benefits paid shall be charged against the employing
unit's account as of the quarter in which the payments are
made.
(b) In order to demonstrate a pattern sufficient to render
benefits chargeable, the Department shall document repeated
failure to provide required information in a timely or complete
manner. The Department shall take into consideration the number
of instances of failure in relation to the number of requests
for required information. The number of failures must be more
than 4 and constitute 2% or more of all the requests for
information directed to the employing unit during the prior
calendar year. A determination that an employing unit's account

HB3682 - 2 - LRB099 09686 JLS 29895 b
may be charged is appealable in the same manner as other
determinations under this Act.
(c) In addition to the amounts charged to the employing
unit's account, the Department shall assess a civil penalty
equal to the benefits paid as a result of the failure of the
employing unit to respond as required. Moneys recovered under
this Section shall be paid into the State's account in the
Unemployment Trust Fund.
Section 99. Effective date. This Act takes effect upon
becoming law.