Full Text of HB3029 97th General Assembly
HB3029 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3029 Introduced 2/23/2011, by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: |
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820 ILCS 405/602 | from Ch. 48, par. 432 |
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Amends the Unemployment Insurance Act. Provides that no benefit
rights shall accrue to any individual based upon wages from any employer
for service rendered prior to the day upon which such individual was
discharged because of the commission of a misdemeanor in connection with his work. Provides that no benefits may be paid to any individual who is found guilty of or is granted supervision for a felony or misdemeanor committed against his or her former employer and is receiving benefits based on employment with his or her former employer. Effective January 1, 2012.
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| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unemployment Insurance Act is amended by | 5 | | changing Section 602 as follows:
| 6 | | (820 ILCS 405/602) (from Ch. 48, par. 432)
| 7 | | Sec. 602. Discharge for misconduct - Felony or misdemeanor . | 8 | | A. An individual shall be
ineligible for benefits for the week | 9 | | in which he has been discharged for
misconduct connected with | 10 | | his work and, thereafter, until he has become
reemployed and | 11 | | has had earnings equal to or in excess of his current weekly
| 12 | | benefit amount in each of four calendar weeks
which are either | 13 | | for services in employment, or have been or will be reported
| 14 | | pursuant to the provisions of the Federal Insurance | 15 | | Contributions Act by
each employing unit for which such | 16 | | services are performed and which submits
a statement certifying | 17 | | to that fact.
The requalification requirements of the preceding | 18 | | sentence shall be
deemed to have been satisfied, as of the date | 19 | | of reinstatement, if,
subsequent to his discharge by an | 20 | | employing unit for misconduct connected
with his work, such | 21 | | individual is reinstated by such employing unit. For
purposes | 22 | | of this subsection, the term "misconduct" means the deliberate | 23 | | and
willful violation of a reasonable rule or policy of the |
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| 1 | | employing unit,
governing the individual's behavior in | 2 | | performance of his work, provided
such violation has harmed the | 3 | | employing unit or other employees or has been
repeated by the | 4 | | individual despite a warning or other explicit instruction
from | 5 | | the employing unit.
| 6 | | B. Notwithstanding any other provision of this Act, no | 7 | | benefit
rights shall accrue to any individual based upon wages | 8 | | from any employer
for service rendered prior to the day upon | 9 | | which such individual was
discharged because of the commission | 10 | | of a felony or misdemeanor in connection with his
work, or | 11 | | because of theft in connection with his work, for which the
| 12 | | employer was in no way responsible; provided, that the employer | 13 | | notified
the Director of such possible ineligibility within the | 14 | | time limits
specified by regulations of the Director, and that | 15 | | the individual has
admitted his commission of the felony , | 16 | | misdemeanor, or theft to a representative of
the Director, or | 17 | | has signed a written admission of such act and such
written | 18 | | admission has been presented to a representative of the
| 19 | | Director, or such act has resulted in a conviction or order of
| 20 | | supervision by a court of
competent jurisdiction; and provided | 21 | | further, that if by reason of such
act, he is in legal custody, | 22 | | held on bail or is a fugitive from justice,
the determination | 23 | | of his benefit rights shall be held in abeyance
pending the | 24 | | result of any legal proceedings arising therefrom.
| 25 | | C. Notwithstanding any other provision of this Act, no | 26 | | benefits may be paid to any individual who is found guilty of |
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| 1 | | or is granted supervision for a felony or misdemeanor committed | 2 | | against his or her former employer and is receiving benefits | 3 | | based on employment with his or her former employer. | 4 | | (Source: P.A. 85-956.)
| 5 | | Section 99. Effective date. This Act takes effect January | 6 | | 1, 2012.
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