HB3775 97TH GENERAL ASSEMBLY

LRB097 11939 AEK 55455 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3775

Introduced , by Rep. John D. Cavaletto

SYNOPSIS AS INTRODUCED:

820 ILCS 405/2800

from Ch. 48, par. 780

Amends the Unemployment Insurance Act. Provides that any person who makes a false statement or representation to obtain, increase, prevent suspension of, or prevent the reduction of any benefit or payment under this Act or the unemployment compensation law of any other state or the federal government, either for himself or herself or for any other person, commits the offense of unemployment insurance fraud. Provides that unemployment insurance fraud is a Class A misdemeanor and that a second or subsequent violation is a Class 4 felony.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 changing Section 2800 as follows:

(820 ILCS 405/2800) (from Ch. 48, par. 780)

Sec. 2800. Violations and penalties.

A. It shall be unlawful for any person or employing unit to--

1. Make a false statement or representation or fail to disclose a material fact:

a. To obtain, or increase, or prevent, or reduce any benefit or payment under the provisions of this Act, or under the unemployment compensation law of any State or the Federal Government, either for himself or for any other person; or

b. To avoid or reduce any contribution or other payment required from an employing unit under this Act.

2. Fail to pay a contribution due under the provisions of this Act.

3. Fail to furnish any report, audit, or information duly required by the Director under this Act.

4. Refuse to allow the Director or his duly authorized representative to inspect or copy the pay roll or other records or documents relative to the enforcement of this Act or required by this Act.

5. Make any deduction from the wages of any individual in its employ because of its liability for the payment of contributions required by this Act.

6. Knowingly fail to furnish to any individual in its employ any notice, report, or information duly required under the provisions of this Act or the rules or regulations of the Director.

7. Attempt to induce any individual, directly or indirectly (by promise of re-employment or by threat not to employ or not to re-employ or by any other means), to refrain from claiming or accepting benefits or to waive any other rights under this Act; or to maintain a rehiring policy which discriminates against former individuals in its employ by reason of their having claimed benefits.

8. Pay contributions upon wages for services not rendered for such employing unit if the purpose of such payment is either to reduce the amount of contributions due or to become due from any employing unit or to affect the benefit rights of any individual.

9. Solicit, or aid or abet the solicitation of, information from any individual concerning his place of employment, residence, assets or earnings, by any means which are intended to mislead such individual to believe that the person or employing unit seeking such information is the Department or one of its Divisions or branches, or a representative thereof.

B. Any employing unit or person who willfully violates any provision of this Section or any other provision of this Act or any rule or regulation promulgated thereunder, or does any act prohibited by this Act, or who fails, neglects, or refuses to perform any duty required by any provision of this Act or rule or regulation of the Director, within the time prescribed by the Director, for which no penalty has been specifically provided, or who fails, neglects, or refuses to obey any lawful order given or made by the Director, with the exception of unemployment insurance fraud under subsection B-5 of this Section, shall be guilty of a Class B misdemeanor, and each such act, failure, neglect, or refusal shall constitute a separate and distinct offense. If such person or employing unit is a corporation, the president, the secretary, and the treasurer, and any other officer exercising corresponding functions, shall each be subject to the aforesaid penalties for the violation of any provisions of this Section of which he or they had or, in the exercise of his or their duties, ought to have had knowledge.

B-5. Any person who makes a false statement or representation to obtain, increase, prevent suspension of, or prevent the reduction of any benefit or payment under this Act or the unemployment compensation law of any state or the federal government, either for himself or herself or for any other person, commits the offense of unemployment insurance fraud.

Unemployment insurance fraud is a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

(Source: P.A. 77-2439.)