101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5837
 
Introduced 11/10/2020, by Rep. Barbara Hernandez
 
SYNOPSIS AS INTRODUCED:
 

 
  
820 ILCS 405/901  from Ch. 48, par. 491

     Amends the Unemployment Insurance Act to provide that, during the pendency of a disaster proclamation that is a result of a public health emergency or epidemic, provisions concerning ineligibility as a result of unemployment insurance fraud shall not apply to individuals residing in the counties affected by the gubernatorial disaster proclamation who are otherwise entitled to receive unemployment insurance benefits. Effective immediately.
  


LRB101 22117 BMS 73140 b

 
 
A BILL FOR
 

  
HB5837LRB101 22117 BMS 73140 b


  
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 as follows:
 



6    (820 ILCS 405/901)  (from Ch. 48, par. 491)



7    Sec. 901. Fraud - Repayment - Ineligibility. 
8    (1) An individual who, for the purpose of obtaining 
9benefits, knowingly
makes a false statement or knowingly fails 
10to disclose a material fact,
and thereby obtains any sum as 
11benefits for which he is not eligible: 

12        A. Shall be required to repay such sum in cash, or the 
13    amount thereof may
be recovered or recouped pursuant to the 
14    provisions of Section 900.

15        B. Shall be ineligible, except to the extent that such 
16    benefits are
subject to recoupment pursuant to this 
17    Section,
for benefits for the week in which he or she has 
18    been notified
of the determination of the claims 
19    adjudicator referred to in Section 702
that he or she has 
20    committed the offense described in
the first paragraph and, 
21    thereafter, for 6 weeks (with respect to each of
which he 
22    or she
would be eligible for benefits but for the 
23    provisions of this
paragraph, not including weeks for which 
 
 
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1    such benefits are subject to
recoupment pursuant to this 
2    Section)
for the first offense, and for 2 additional weeks 
3    (with respect to each
of which he or she would be eligible 
4    for benefits but for the provisions
of this paragraph, not 
5    including weeks for which such benefits are subject to

6    recoupment pursuant to this Section) for each subsequent 
7    offense. For the
purposes of this paragraph, a separate 
8    offense shall be deemed to have been
committed in each week 
9    for which such an individual has received a sum as
benefits 
10    for which he
or she
was not eligible. No ineligibility 
11    under the provisions
of this paragraph shall accrue with 
12    respect to any week beginning after
whichever of the 
13    following occurs first: (1) 26 weeks (with respect to each

14    of which the individual would be eligible for benefits but 
15    for the provisions
of this paragraph, not
including weeks 
16    for which such benefits are subject to recoupment pursuant 
17    to
this Section)
have elapsed since the date that he or she 
18    is notified of the determination
of the claims adjudicator 
19    referred to in Section 702 that he or she has
committed the 
20    offense described in the first paragraph, or (2) 2 years 
21    have
elapsed
since the date
that he
or she
is notified of 
22    the determination of the claims adjudicator referred
to in 
23    Section 702 that he
or she
has committed the offense 
24    described in the first
paragraph.

25    (2) Notwithstanding subsection (1), during the pendency of 
26a disaster proclamation issued by the Governor pursuant to 
 
 
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1Section 7 of the Illinois Emergency Management Agency Act that 
2is a result of a public health emergency or epidemic, the 
3penalties and requirements of paragraph B of subsection (1) 
4shall not apply to individuals residing in the counties 
5affected by the gubernatorial disaster proclamation who are 
6otherwise entitled to receive benefits under this Act.
7(Source: P.A. 91-342, eff. 1-1-00.)

 
 
8    Section 99. Effective date. This Act takes effect upon 
9becoming law.