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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3775 Introduced , by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED:
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820 ILCS 405/2800 | from Ch. 48, par. 780 |
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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 | |
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| 1 | | AN ACT concerning employment.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Unemployment Insurance Act is amended by |
| 5 | | changing Section 2800 as follows:
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| 6 | | (820 ILCS 405/2800) (from Ch. 48, par. 780)
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| 7 | | Sec. 2800. Violations and penalties.
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| 8 | | A. It shall be unlawful for any person or employing unit |
| 9 | | to--
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| 10 | | 1. Make a false statement or representation or fail to |
| 11 | | disclose a
material fact:
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| 12 | | a. To obtain, or increase, or prevent, or reduce any |
| 13 | | benefit or payment
under the provisions of this Act, or under |
| 14 | | the unemployment compensation
law of any State or the Federal |
| 15 | | Government, either for himself or for any
other person; or
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| 16 | | b. To avoid or reduce any contribution or other payment |
| 17 | | required from an
employing unit under this Act.
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| 18 | | 2. Fail to pay a contribution due under the provisions of |
| 19 | | this Act.
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| 20 | | 3. Fail to furnish any report, audit, or information duly |
| 21 | | required by
the Director under this Act.
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| 22 | | 4. Refuse to allow the Director or his duly authorized |
| 23 | | representative to
inspect or copy the pay roll or other records |
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| 1 | | or documents relative to the
enforcement of this Act or |
| 2 | | required by this Act.
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| 3 | | 5. Make any deduction from the wages of any individual in |
| 4 | | its employ
because of its liability for the payment of |
| 5 | | contributions required by this
Act.
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| 6 | | 6. Knowingly fail to furnish to any individual in its |
| 7 | | employ any notice,
report, or information duly required under |
| 8 | | the provisions of this Act or
the rules or regulations of the |
| 9 | | Director.
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| 10 | | 7. Attempt to induce any individual, directly or indirectly |
| 11 | | (by promise
of re-employment or by threat not to employ or not |
| 12 | | to re-employ or by any
other means), to refrain from claiming |
| 13 | | or accepting benefits or to waive
any other rights under this |
| 14 | | Act; or to maintain a rehiring policy which
discriminates |
| 15 | | against former individuals in its employ by reason of their
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| 16 | | having claimed benefits.
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| 17 | | 8. Pay contributions upon wages for services not rendered |
| 18 | | for such
employing unit if the purpose of such payment is |
| 19 | | either to reduce the
amount of contributions due or to become |
| 20 | | due from any employing unit or to
affect the benefit rights of |
| 21 | | any individual.
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| 22 | | 9. Solicit, or aid or abet the solicitation of, information |
| 23 | | from any
individual concerning his place of employment, |
| 24 | | residence, assets or
earnings, by any means which are intended |
| 25 | | to mislead such individual to
believe that the person or |
| 26 | | employing unit seeking such information is the
Department or |
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| 1 | | one of its Divisions or branches, or a representative
thereof.
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| 2 | | B. Any employing unit or person who willfully violates any |
| 3 | | provision of
this Section or any other provision of this Act or |
| 4 | | any rule or regulation
promulgated thereunder, or does any act |
| 5 | | prohibited by this Act, or who
fails, neglects, or refuses to |
| 6 | | perform any duty required by any provision
of this Act or rule |
| 7 | | or regulation of the Director, within the time
prescribed by |
| 8 | | the Director, for which no penalty has been specifically
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| 9 | | provided, or who fails, neglects, or refuses to obey any lawful |
| 10 | | order given
or made by the Director, with the exception of |
| 11 | | unemployment insurance fraud under subsection B-5 of this |
| 12 | | Section, shall be guilty of a Class B misdemeanor, and each
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| 13 | | such act, failure, neglect, or refusal shall constitute a |
| 14 | | separate and
distinct offense. If such person or employing unit |
| 15 | | is a corporation, the
president, the secretary, and the |
| 16 | | treasurer, and any other officer
exercising corresponding |
| 17 | | functions, shall each be subject to the aforesaid
penalties for |
| 18 | | the violation of any provisions of this Section of which he
or |
| 19 | | they had or, in the exercise of his or their duties, ought to |
| 20 | | have had
knowledge.
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| 21 | | B-5. Any person who makes a false statement or |
| 22 | | representation to obtain, increase, prevent suspension of, or |
| 23 | | prevent the reduction of any benefit or payment under this Act |
| 24 | | or the unemployment compensation law of any state or the |
| 25 | | federal government, either for himself or herself or for any |
| 26 | | other person, commits the offense of unemployment insurance |