Illinois 2023-2024 Regular Session

Illinois House Bill HB3301 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0343
2	1		HB3301 EnrolledLRB103 29378 SPS 55767 b HB3301 Enrolled LRB103 29378 SPS 55767 b
3	2		HB3301 Enrolled LRB103 29378 SPS 55767 b
4		-	AN ACT concerning child support enforcement.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Unemployment Insurance Act is amended by
8		-	changing Section 1801.1 as follows:
9		-	(820 ILCS 405/1801.1)
10		-	Sec. 1801.1. Directory of New Hires.
11		-	A. The Director shall establish and operate an automated
12		-	directory of newly hired employees which shall be known as the
13		-	"Illinois Directory of New Hires" which shall contain the
14		-	information required to be reported by employers to the
15		-	Department under subsection B. In the administration of the
16		-	Directory, the Director shall comply with any requirements
17		-	concerning the Employer New Hire Reporting Program established
18		-	by the federal Personal Responsibility and Work Opportunity
19		-	Reconciliation Act of 1996. The Director is authorized to use
20		-	the information contained in the Directory of New Hires to
21		-	administer any of the provisions of this Act.
22		-	B. Each employer in Illinois, except a department, agency,
23		-	or instrumentality of the United States, shall file with the
24		-	Department a report in accordance with rules adopted by the
25		-	Department (but in any event not later than 20 days after the
26		-	date the employer hires the employee or, in the case of an
	3	+	1 AN ACT concerning child support enforcement.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Unemployment Insurance Act is amended by
	7	+	5 changing Section 1801.1 as follows:
	8	+	6 (820 ILCS 405/1801.1)
	9	+	7 Sec. 1801.1. Directory of New Hires.
	10	+	8 A. The Director shall establish and operate an automated
	11	+	9 directory of newly hired employees which shall be known as the
	12	+	10 "Illinois Directory of New Hires" which shall contain the
	13	+	11 information required to be reported by employers to the
	14	+	12 Department under subsection B. In the administration of the
	15	+	13 Directory, the Director shall comply with any requirements
	16	+	14 concerning the Employer New Hire Reporting Program established
	17	+	15 by the federal Personal Responsibility and Work Opportunity
	18	+	16 Reconciliation Act of 1996. The Director is authorized to use
	19	+	17 the information contained in the Directory of New Hires to
	20	+	18 administer any of the provisions of this Act.
	21	+	19 B. Each employer in Illinois, except a department, agency,
	22	+	20 or instrumentality of the United States, shall file with the
	23	+	21 Department a report in accordance with rules adopted by the
	24	+	22 Department (but in any event not later than 20 days after the
	25	+	23 date the employer hires the employee or, in the case of an
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33		-	employer transmitting reports magnetically or electronically,
34		-	by 2 monthly transmissions, if necessary, not less than 12
35		-	days nor more than 16 days apart) providing the following
36		-	information concerning each newly hired employee: the
37		-	employee's name, address, and social security number, the date
38		-	services for remuneration were first performed by the
39		-	employee, and the employer's name, address, Federal Employer
40		-	Identification Number assigned under Section 6109 of the
41		-	Internal Revenue Code of 1986, and such other information as
42		-	may be required by federal law or regulation, provided that
43		-	each employer may voluntarily file the address to which the
44		-	employer wants income withholding orders to be mailed, if it
45		-	is different from the address given on the Federal Employer
46		-	Identification Number. An employer in Illinois which transmits
47		-	its reports electronically or magnetically and which also has
48		-	employees in another state may report all newly hired
49		-	employees to a single designated state in which the employer
50		-	has employees if it has so notified the Secretary of the United
51		-	States Department of Health and Human Services in writing. An
52		-	employer may, at its option, submit information regarding any
53		-	rehired employee in the same manner as information is
54		-	submitted regarding a newly hired employee. Each report
55		-	required under this subsection shall, to the extent
56		-	practicable, be made on an Internal Revenue Service Form W-4
57		-	or, at the option of the employer, an equivalent form, and may
58		-	be transmitted by first class mail, by telefax, magnetically,
	32	+	HB3301 Enrolled- 2 -LRB103 29378 SPS 55767 b HB3301 Enrolled - 2 - LRB103 29378 SPS 55767 b
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	34	+	1 employer transmitting reports magnetically or electronically,
	35	+	2 by 2 monthly transmissions, if necessary, not less than 12
	36	+	3 days nor more than 16 days apart) providing the following
	37	+	4 information concerning each newly hired employee: the
	38	+	5 employee's name, address, and social security number, the date
	39	+	6 services for remuneration were first performed by the
	40	+	7 employee, and the employer's name, address, Federal Employer
	41	+	8 Identification Number assigned under Section 6109 of the
	42	+	9 Internal Revenue Code of 1986, and such other information as
	43	+	10 may be required by federal law or regulation, provided that
	44	+	11 each employer may voluntarily file the address to which the
	45	+	12 employer wants income withholding orders to be mailed, if it
	46	+	13 is different from the address given on the Federal Employer
	47	+	14 Identification Number. An employer in Illinois which transmits
	48	+	15 its reports electronically or magnetically and which also has
	49	+	16 employees in another state may report all newly hired
	50	+	17 employees to a single designated state in which the employer
	51	+	18 has employees if it has so notified the Secretary of the United
	52	+	19 States Department of Health and Human Services in writing. An
	53	+	20 employer may, at its option, submit information regarding any
	54	+	21 rehired employee in the same manner as information is
	55	+	22 submitted regarding a newly hired employee. Each report
	56	+	23 required under this subsection shall, to the extent
	57	+	24 practicable, be made on an Internal Revenue Service Form W-4
	58	+	25 or, at the option of the employer, an equivalent form, and may
	59	+	26 be transmitted by first class mail, by telefax, magnetically,
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60	61
61		-	or electronically.
62		-	C. An employer which knowingly fails to comply with the
63		-	reporting requirements established by this Section shall be
64		-	subject to a civil penalty of $15 for each individual whom it
65		-	fails to report. An employer shall be considered to have
66		-	knowingly failed to comply with the reporting requirements
67		-	established by this Section with respect to an individual if
68		-	the employer has been notified by the Department that it has
69		-	failed to report an individual, and it fails, without
70		-	reasonable cause, to supply the required information to the
71		-	Department within 21 days after the date of mailing of the
72		-	notice. Any individual who knowingly conspires with the newly
73		-	hired employee to cause the employer to fail to report the
74		-	information required by this Section or who knowingly
75		-	conspires with the newly hired employee to cause the employer
76		-	to file a false or incomplete report shall be guilty of a Class
77		-	B misdemeanor with a fine not to exceed $500 with respect to
78		-	each employee with whom the individual so conspires.
79		-	D. As used in this Section, "newly hired employee" means
80		-	an individual who (i) is an employee within the meaning of
81		-	Chapter 24 of the Internal Revenue Code of 1986 including an
82		-	individual under an independent contractor arrangement, and
83		-	(ii) either has not previously been employed by the employer
84		-	or was previously employed by the employer but has been
85		-	separated from that prior employment for at least 60
86		-	consecutive days; however, "newly hired employee" does not
87	62
88	63
89		-	include an employee of a federal or State agency performing
90		-	intelligence or counterintelligence functions, if the head of
91		-	that agency has determined that the filing of the report
92		-	required by this Section with respect to the employee could
93		-	endanger the safety of the employee or compromise an ongoing
94		-	investigation or intelligence mission.
95		-	Notwithstanding Section 205, and for the purposes of this
96		-	Section only, the term "employer" has the meaning given by
97		-	Section 3401(d) of the Internal Revenue Code of 1986 and
98		-	includes any governmental entity and labor organization as
99		-	defined by Section 2(5) of the National Labor Relations Act,
100		-	and includes any entity (also known as a hiring hall) which is
101		-	used by the organization and an employer to carry out the
102		-	requirements described in Section 8(f)(3) of that Act of an
103		-	agreement between the organization and the employer.
104		-	(Source: P.A. 97-621, eff. 11-18-11; 97-689, eff. 6-14-12;
105		-	97-791, eff. 1-1-13; 98-107, eff. 7-23-13; 98-463, eff.
106		-	8-16-13.)
107		-	Section 99. Effective date. This Act takes effect January
108		-	1, 2024.
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	70	+	1 or electronically.
	71	+	2 C. An employer which knowingly fails to comply with the
	72	+	3 reporting requirements established by this Section shall be
	73	+	4 subject to a civil penalty of $15 for each individual whom it
	74	+	5 fails to report. An employer shall be considered to have
	75	+	6 knowingly failed to comply with the reporting requirements
	76	+	7 established by this Section with respect to an individual if
	77	+	8 the employer has been notified by the Department that it has
	78	+	9 failed to report an individual, and it fails, without
	79	+	10 reasonable cause, to supply the required information to the
	80	+	11 Department within 21 days after the date of mailing of the
	81	+	12 notice. Any individual who knowingly conspires with the newly
	82	+	13 hired employee to cause the employer to fail to report the
	83	+	14 information required by this Section or who knowingly
	84	+	15 conspires with the newly hired employee to cause the employer
	85	+	16 to file a false or incomplete report shall be guilty of a Class
	86	+	17 B misdemeanor with a fine not to exceed $500 with respect to
	87	+	18 each employee with whom the individual so conspires.
	88	+	19 D. As used in this Section, "newly hired employee" means
	89	+	20 an individual who (i) is an employee within the meaning of
	90	+	21 Chapter 24 of the Internal Revenue Code of 1986 including an
	91	+	22 individual under an independent contractor arrangement, and
	92	+	23 (ii) either has not previously been employed by the employer
	93	+	24 or was previously employed by the employer but has been
	94	+	25 separated from that prior employment for at least 60
	95	+	26 consecutive days; however, "newly hired employee" does not
	96	+
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	106	+	1 include an employee of a federal or State agency performing
	107	+	2 intelligence or counterintelligence functions, if the head of
	108	+	3 that agency has determined that the filing of the report
	109	+	4 required by this Section with respect to the employee could
	110	+	5 endanger the safety of the employee or compromise an ongoing
	111	+	6 investigation or intelligence mission.
	112	+	7 Notwithstanding Section 205, and for the purposes of this
	113	+	8 Section only, the term "employer" has the meaning given by
	114	+	9 Section 3401(d) of the Internal Revenue Code of 1986 and
	115	+	10 includes any governmental entity and labor organization as
	116	+	11 defined by Section 2(5) of the National Labor Relations Act,
	117	+	12 and includes any entity (also known as a hiring hall) which is
	118	+	13 used by the organization and an employer to carry out the
	119	+	14 requirements described in Section 8(f)(3) of that Act of an
	120	+	15 agreement between the organization and the employer.
	121	+	16 (Source: P.A. 97-621, eff. 11-18-11; 97-689, eff. 6-14-12;
	122	+	17 97-791, eff. 1-1-13; 98-107, eff. 7-23-13; 98-463, eff.
	123	+	18 8-16-13.)
	124	+	19 Section 99. Effective date. This Act takes effect January
	125	+	20 1, 2024.
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	131	+	HB3301 Enrolled - 4 - LRB103 29378 SPS 55767 b