Bill Text: IL HB3775 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Unemployment Insurance Act. Provides that any person who makes a false statement or representation to obtain, increase, prevent suspension of, or prevent the reduction of any benefit or payment under this Act or the unemployment compensation law of any other state or the federal government, either for himself or herself or for any other person, commits the offense of unemployment insurance fraud. Provides that unemployment insurance fraud is a Class A misdemeanor and that a second or subsequent violation is a Class 4 felony.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3775 Detail]

Download: Illinois-2011-HB3775-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3775 Introduced , by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED:
820 ILCS 405/2800 from Ch. 48, par. 780
Amends the Unemployment Insurance Act. Provides that any person who makes a false statement or representation to obtain, increase, prevent suspension of, or prevent the reduction of any benefit or payment under this Act or the unemployment compensation law of any other state or the federal government, either for himself or herself or for any other person, commits the offense of unemployment insurance fraud. Provides that unemployment insurance fraud is a Class A misdemeanor and that a second or subsequent violation is a Class 4 felony.
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CORRECTIONAL BUDGET AND IMPACT 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 2800 as follows:
(820 ILCS 405/2800) (from Ch. 48, par. 780)
Sec. 2800. Violations and penalties.
A. It shall be unlawful for any person or employing unit
to--
1. Make a false statement or representation or fail to
disclose a material fact:
a. To obtain, or increase, or prevent, or reduce any
benefit or payment under the provisions of this Act, or under
the unemployment compensation law of any State or the Federal
Government, either for himself or for any other person; or
b. To avoid or reduce any contribution or other payment
required from an employing unit under this Act.
2. Fail to pay a contribution due under the provisions of
this Act.
3. Fail to furnish any report, audit, or information duly
required by the Director under this Act.
4. Refuse to allow the Director or his duly authorized
representative to inspect or copy the pay roll or other records

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or documents relative to the enforcement of this Act or
required by this Act.
5. Make any deduction from the wages of any individual in
its employ because of its liability for the payment of
contributions required by this Act.
6. Knowingly fail to furnish to any individual in its
employ any notice, report, or information duly required under
the provisions of this Act or the rules or regulations of the
Director.
7. Attempt to induce any individual, directly or indirectly
(by promise of re-employment or by threat not to employ or not
to re-employ or by any other means), to refrain from claiming
or accepting benefits or to waive any other rights under this
Act; or to maintain a rehiring policy which discriminates
against former individuals in its employ by reason of their
having claimed benefits.
8. Pay contributions upon wages for services not rendered
for such employing unit if the purpose of such payment is
either to reduce the amount of contributions due or to become
due from any employing unit or to affect the benefit rights of
any individual.
9. Solicit, or aid or abet the solicitation of, information
from any individual concerning his place of employment,
residence, assets or earnings, by any means which are intended
to mislead such individual to believe that the person or
employing unit seeking such information is the Department or

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one of its Divisions or branches, or a representative thereof.
B. Any employing unit or person who willfully violates any
provision of this Section or any other provision of this Act or
any rule or regulation promulgated thereunder, or does any act
prohibited by this Act, or who fails, neglects, or refuses to
perform any duty required by any provision of this Act or rule
or regulation of the Director, within the time prescribed by
the Director, for which no penalty has been specifically
provided, or who fails, neglects, or refuses to obey any lawful
order given or made by the Director, with the exception of
unemployment insurance fraud under subsection B-5 of this
Section, shall be guilty of a Class B misdemeanor, and each
such act, failure, neglect, or refusal shall constitute a
separate and distinct offense. If such person or employing unit
is a corporation, the president, the secretary, and the
treasurer, and any other officer exercising corresponding
functions, shall each be subject to the aforesaid penalties for
the violation of any provisions of this Section of which he or
they had or, in the exercise of his or their duties, ought to
have had knowledge.
B-5. Any person who makes a false statement or
representation to obtain, increase, prevent suspension of, or
prevent the reduction of any benefit or payment under this Act
or the unemployment compensation law of any state or the
federal government, either for himself or herself or for any
other person, commits the offense of unemployment insurance

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fraud.
Unemployment insurance fraud is a Class A misdemeanor. A
second or subsequent violation is a Class 4 felony.
(Source: P.A. 77-2439.)