Bill Text: IL HB1111 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Unemployment Insurance Act. Provides that an individual who for the purpose of obtaining benefits fails to notify the Department of Employment Security when he or she quits, is discharged from work, or refuses work, or fails to look for work when required to do so, and reports to the Department that he or she searched for work, and thereby obtains any sum as benefits for which he or she is not eligible has committed unemployment insurance fraud. Provides that when any law enforcement official or the Department requests information from an employer or any other person for the purpose of detecting, prosecuting, or preventing unemployment insurance fraud, then the employer or other person shall take all reasonable actions to promptly provide the information requested, subject to any legal privilege protecting the information. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1111 Detail]

Download: Illinois-2011-HB1111-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1111 Introduced 2/7/2011, 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 who for the purpose of obtaining benefits fails to notify the Department of Employment Security when he or she quits, is discharged from work, or refuses work, or fails to look for work when required to do so, and reports to the Department that he or she searched for work, and thereby obtains any sum as benefits for which he or she is not eligible has committed unemployment insurance fraud. Provides that when any law enforcement official or the Department requests information from an employer or any other person for the purpose of detecting, prosecuting, or preventing unemployment insurance fraud, then the employer or other person shall take all reasonable actions to promptly provide the information requested, subject to any legal privilege protecting the information. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 901 and adding Section 902 as follows:
(820 ILCS 405/901) (from Ch. 48, par. 491)
Sec. 901. Fraud - Repayment - Ineligibility. An individual
who, for the purpose of obtaining benefits,
1. knowingly makes a false statement; or
2. knowingly fails to disclose a material fact; ,
3. fails to notify the Department when he or she quits,
is discharged from work, or refuses work; or
4. fails to look for work when required to do so, and
reports to the Department that he or she searched for work
and thereby obtains any sum as benefits for which he or she is
not eligible has committed unemployment insurance fraud and:
A. Shall be required to repay such sum in cash, or the
amount thereof may be recovered or recouped pursuant to the
provisions of Section 900.
B. Shall be ineligible, except to the extent that such
benefits are subject to recoupment pursuant to this Section,
for benefits for the week in which he or she has been notified
of the determination of the claims adjudicator referred to in

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Section 702 that he or she has committed the offense described
in the first paragraph and, thereafter, for 6 weeks (with
respect to each of which he or she would be eligible for
benefits but for the provisions of this paragraph, not
including weeks for which such benefits are subject to
recoupment pursuant to this Section) for the first offense, and
for 2 additional weeks (with respect to each of which he or she
would be eligible for benefits but for the provisions of this
paragraph, not including weeks for which such benefits are
subject to recoupment pursuant to this Section) for each
subsequent offense. For the purposes of this paragraph, a
separate offense shall be deemed to have been committed in each
week for which such an individual has received a sum as
benefits for which he or she was not eligible. No ineligibility
under the provisions of this paragraph shall accrue with
respect to any week beginning after whichever of the following
occurs first: (1) 26 weeks (with respect to each of which the
individual would be eligible for benefits but for the
provisions of this paragraph, not including weeks for which
such benefits are subject to recoupment pursuant to this
Section) have elapsed since the date that he or she is notified
of the determination of the claims adjudicator referred to in
Section 702 that he or she has committed the offense described
in the first paragraph, or (2) 2 years have elapsed since the
date that he or she is notified of the determination of the
claims adjudicator referred to in Section 702 that he or she

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has committed the offense described in the first paragraph.
C. All printed forms provided and required by an employer
or the Department or otherwise required by law as a condition
of payment of benefits shall contain a statement, permanently
affixed to the application or claim form, that clearly states
in substance the following:
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. Penalties include imprisonment, fines,
and denial of benefits and other sanctions as authorized by
law.
The lack of a statement required in this Section does not
constitute a defense in any criminal prosecution under this
Act.
(Source: P.A. 91-342, eff. 1-1-00.)
(820 ILCS 405/902 new)
Sec. 902. Employer providing information about fraud.
(a) When any law enforcement official or the Department
requests information from an employer or any other person for
the purpose of detecting, prosecuting, or preventing
unemployment insurance fraud, the employer or other person
shall take all reasonable actions to promptly provide the
information requested, subject to any legal privilege
protecting the information.

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(b) Any employer or other person who has reasonable belief
that an act violating Section 901 of this Act will be, is
being, or has been committed shall furnish and disclose any
information in its possession concerning the act to the
appropriate law enforcement official or the Department,
subject to any legal privilege protecting the information.
Section 99. Effective date. This Act takes effect upon
becoming law.