Bill Text: IL SB1492 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Unemployment Insurance Act. Provides that an individual who, for the purpose of obtaining benefits, knowingly provides false, incomplete, or misleading information commits unemployment security benefits fraud. Provides that unemployment insurance security benefits fraud is a felony. 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-03-17 - Rule 3-9(a) / Re-referred to Assignments [SB1492 Detail]

Download: Illinois-2017-SB1492-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1492

Introduced 2/9/2017, by Sen. Kyle McCarter

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 who, for the purpose of obtaining benefits, knowingly provides false, incomplete, or misleading information commits unemployment security benefits fraud. Provides that unemployment insurance security benefits fraud is a felony. 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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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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:
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 forms provided
7and required by an employer or the Department or otherwise
8required by law as a condition of payment of benefits shall
9contain a statement, permanently affixed to the forms, that
10clearly states the following:
11 A person who knowingly provides false, incomplete, or
12 misleading information to any party to an unemployment
13 security benefits transaction commits the crime of
14 unemployment security benefits fraud. A person who commits
15 unemployment security benefits fraud is guilty of Class 4
16 felony if the amount fraudulently obtained less than $300
17 and a Class 3 felony if the amount fraudulently obtained
18 $300 or more.
19 The lack of a statement required in this Section does not
20constitute a defense in any criminal prosecution under this
21Act.
22(Source: P.A. 91-342, eff. 1-1-00.)
23 (820 ILCS 405/902 new)
24 Sec. 902. Employer providing information about fraud.
25 A. When any law enforcement official or the Department

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1requests information from an employer or any other person for
2the purpose of detecting, prosecuting, or preventing
3unemployment insurance fraud, the employer or other person
4shall take all reasonable actions to promptly provide the
5information requested, subject to any legal privilege
6protecting the information.
7 B. Any employer who has reasonable belief that an act
8violating Section 901 will be, is being, or has been committed
9shall furnish and disclose any information in its possession
10concerning the act to the appropriate law enforcement official
11or the Department, subject to any legal privilege protecting
12the information.
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