102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3489
 
Introduced 2/22/2021, by Rep. Barbara Hernandez - Jonathan Carroll
 
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.
  


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A BILL FOR
 

  
HB3489LRB102 10884 JLS 16214 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 
14    the 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 
21    and, thereafter, for 6 weeks (with respect to each of

22    which he or she
would be eligible for benefits but for the 
23    provisions of this
paragraph, not including weeks for 
 
 
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1    which such benefits are subject to
recoupment pursuant to 
2    this Section)
for the first offense, and for 2 additional 
3    weeks (with respect to each
of which he or she would be 
4    eligible for benefits but for the provisions
of this 
5    paragraph, not including weeks for which such benefits are 
6    subject to
recoupment pursuant to this Section) for each 
7    subsequent offense. For the
purposes of this paragraph, a 
8    separate offense shall be deemed to have been
committed in 
9    each week for which such an individual has received a sum 
10    as
benefits for which he
or she
was not eligible. No 
11    ineligibility under the provisions
of this paragraph shall 
12    accrue with respect to any week beginning after
whichever 
13    of the following occurs first: (1) 26 weeks (with respect 
14    to each
of which the individual would be eligible for 
15    benefits but for the provisions
of this paragraph, not

16    including weeks for which such benefits are subject to 
17    recoupment pursuant to
this Section)
have elapsed since 
18    the date that he or she is notified of the determination
of 
19    the claims adjudicator referred to in Section 702 that he 
20    or she has
committed the offense described in the first 
21    paragraph, or (2) 2 years have
elapsed
since the date
that 
22    he
or she
is notified of the determination of the claims 
23    adjudicator referred
to in Section 702 that he
or she
has 
24    committed the offense 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.