Full Text of HB3366 098th General Assembly
HB3366 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3366 Introduced , by Rep. Jil Tracy SYNOPSIS AS INTRODUCED: |
| 820 ILCS 405/901 | from Ch. 48, par. 491 | 820 ILCS 405/902 new | |
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Amends provisions of the Unemployment Insurance Act imposing repayment and ineligibility as penalties for knowingly making a false statement or knowingly failing to disclose a material fact for the purpose of obtaining benefits. Provides that knowingly making a false statement by an individual includes but is not limited to a false statement that he or she has sought work. Provides that knowingly failing to disclose a material fact by an individual includes but is not limited to the fact that he or she voluntarily left work, refused an offer of work, or has been discharged from work and the reason for the discharge. Provides that an individual who thereby obtains any sum as benefits for which he or she is not eligible has committed 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 describing penalties. Provides that an employer or other person from whom law enforcement or the Department of Employment Security requests information regarding unemployment insurance fraud shall take all reasonable actions to promptly provide the information requested, subject to any legal privilege protecting the information, and shall disclose information when he or she has a reasonable belief that a violation will be, is being, or has been committed, subject to any legal privilege protecting the information.
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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 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 | 9 | | benefits : , | 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 | 16 | | been discharged from work and the reason for the discharge; | 17 | | and thereby obtains any sum as benefits for which he or she is | 18 | | 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: | 21 | | a. (1) 26 weeks (with respect to each
of which the | 22 | | individual would be eligible for benefits but for the | 23 | | provisions
of this paragraph, not
including weeks for | 24 | | which such benefits are subject to recoupment pursuant | 25 | | to
this Section)
have elapsed since the date that he or | 26 | | she is notified of the determination
of the claims |
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| 1 | | adjudicator referred to in Section 702 that he or she | 2 | | has
committed the offense described in the first | 3 | | paragraph, or | 4 | | b. (2) 2 years have
elapsed
since the date
that he
| 5 | | or she
is notified of the determination of the claims | 6 | | adjudicator referred
to in Section 702 that he
or she
| 7 | | has committed the offense described in the first
| 8 | | paragraph.
| 9 | | B. The Department's website and all printed forms provided | 10 | | and required by an employer or the Department or otherwise | 11 | | required by law as a condition of payment of benefits shall | 12 | | contain a statement, permanently affixed to the application or | 13 | | claim form, that clearly states the following: | 14 | | It is a crime to knowingly provide false, incomplete, | 15 | | or misleading information to any party to an unemployment | 16 | | security benefits transaction for the purpose of | 17 | | committing fraud. Penalties include imprisonment, fines, | 18 | | and denial of benefits and other sanctions as authorized by | 19 | | law. | 20 | | The lack of a statement required in this Section does not | 21 | | constitute a defense in any criminal prosecution under this | 22 | | Act. | 23 | | (Source: P.A. 91-342, eff. 1-1-00.)
| 24 | | (820 ILCS 405/902 new) | 25 | | Sec. 902. Providing information about fraud. |
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| 1 | | A. When any law enforcement official or the Department | 2 | | requests information from an employer or any other person for | 3 | | the purpose of detecting, prosecuting, or preventing | 4 | | unemployment insurance fraud, the employer or other person | 5 | | shall take all reasonable actions to promptly provide the | 6 | | information requested, subject to any legal privilege | 7 | | protecting the information. | 8 | | B. Any employer or other person who has reasonable belief | 9 | | that an act violating Section 901 will be, is being, or has | 10 | | been committed shall furnish and disclose any information in | 11 | | its possession concerning the act to the appropriate law | 12 | | enforcement official or the Department, subject to any legal | 13 | | privilege protecting the information.
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