97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4614

 

Introduced 2/1/2012, by Rep. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/901  from Ch. 48, par. 491
820 ILCS 405/902 new

    Amends the Unemployment Insurance Act. Provides that an individual that, for the purpose of obtaining benefits, knowingly makes a false statement or knowingly fails to disclose a material fact commits unemployment insurance fraud. Requires a statement on the Department of Employment Security's website and on specified forms stating that it is a crime to knowingly provide false, incomplete, or misleading information to any party to an unemployment security benefits transaction for the purpose of committing fraud and outlines possible penalties. Provides that an employer or other person that law enforcement or the Department of Employment Security requests information from regarding unemployment insurance fraud shall take all reasonable actions to promptly provide the information requested and shall disclose information when he or she has a reasonable belief of a specified violation.


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A BILL FOR

 

HB4614LRB097 19991 JLS 65289 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unemployment Insurance Act is amended by
5changing Section 901 and by adding Section 902 as follows:
 
6    (820 ILCS 405/901)  (from Ch. 48, par. 491)
7    Sec. 901. Fraud - Repayment - Ineligibility.
8    A. An individual who, for the purpose of obtaining
9benefits: ,
10        i. knowingly makes a false statement, including but not
11    limited to a false statement that he or she has sought
12    work; or
13        ii. knowingly fails to disclose a material fact,
14    including but not limited to the fact that he or she
15    voluntarily left work, refused an offer of work or has been
16    discharged from work and the reason for the discharge;
17    and thereby obtains any sum as benefits for which he or she
18is not eligible has committed unemployment insurance fraud and:
19        1. A. Shall be required to repay such sum in cash, or
20    the amount thereof may be recovered or recouped pursuant to
21    the provisions of Section 900.
22        2. B. Shall be ineligible, except to the extent that
23    such benefits are subject to recoupment pursuant to this

 

 

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1    Section, for benefits for the week in which he or she has
2    been notified of the determination of the claims
3    adjudicator referred to in Section 702 that he or she has
4    committed the offense described in the first paragraph and,
5    thereafter, for 6 weeks (with respect to each of which he
6    or she would be eligible for benefits but for the
7    provisions of this paragraph, not including weeks for which
8    such benefits are subject to recoupment pursuant to this
9    Section) for the first offense, and for 2 additional weeks
10    (with respect to each of which he or she would be eligible
11    for benefits but for the provisions of this paragraph, not
12    including weeks for which such benefits are subject to
13    recoupment pursuant to this Section) for each subsequent
14    offense. For the purposes of this paragraph, a separate
15    offense shall be deemed to have been committed in each week
16    for which such an individual has received a sum as benefits
17    for which he or she was not eligible. No ineligibility
18    under the provisions of this paragraph shall accrue with
19    respect to any week beginning after whichever of the
20    following occurs first: (a) (1) 26 weeks (with respect to
21    each of which the individual would be eligible for benefits
22    but for the provisions of this paragraph, not including
23    weeks for which such benefits are subject to recoupment
24    pursuant to this Section) have elapsed since the date that
25    he or she is notified of the determination of the claims
26    adjudicator referred to in Section 702 that he or she has

 

 

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1    committed the offense described in the first paragraph, or
2    (b) (2) 2 years have elapsed since the date that he or she
3    is notified of the determination of the claims adjudicator
4    referred to in Section 702 that he or she has committed the
5    offense described in the first paragraph.
6    B. On the Department's website and on all printed forms
7provided and required by an employer or the Department or
8otherwise required by law as a condition of payment of benefits
9shall contain a statement, permanently affixed to the
10application or claim form, that clearly states the following:
11        It is a crime to knowingly provide false, incomplete,
12    or misleading information to any party to an unemployment
13    security benefits transaction for the purpose of
14    committing fraud. Penalties include imprisonment, fines,
15    and denial of benefits and other sanctions as authorized by
16    law.
17    The lack of a statement required in this Section does not
18constitute a defense in any criminal prosecution under this
19Act.
20(Source: P.A. 91-342, eff. 1-1-00.)
 
21    (820 ILCS 405/902 new)
22    Sec. 902. Employer providing information about fraud.
23    A. When any law enforcement official or the Department
24requests information from an employer or any other person for
25the purpose of detecting, prosecuting, or preventing

 

 

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1unemployment insurance fraud, the employer or other person
2shall take all reasonable actions to promptly provide the
3information requested, subject to any legal privilege
4protecting the information.
5    B. Any employer or other person who has reasonable belief
6that an act violating Section 901 will be, is being, or has
7been committed shall furnish and disclose any information in
8its possession concerning the act to the appropriate law
9enforcement official or the Department, subject to any legal
10privilege protecting the information.