HLS 24RS-669 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 247
BY REPRESENTATIVE ECHOLS
UNEMPLOYMENT COMP: Provides relative to criminal penalties for accepting
overpayment of unemployment benefits
1 AN ACT
2To amend and reenact R.S. 23:1601(8) and to enact R.S. 23:1714(D), relative to
3 unemployment compensation benefits; to provide relative to the disqualification of
4 benefits; to provide for certain penalties for the acceptance of overpayments of
5 benefits; to provide for an effective date; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 23:1601(8) is hereby amended and reenacted and R.S. 23:1714(D)
8is hereby enacted to read as follows:
9 §1601. Disqualification for benefits
10 An individual shall be disqualified for benefits:
11 * * *
12 (8)(a) For the week, or fraction thereof, with respect to which he makes a
13 false statement or representation knowing it to be false, or knowingly fails to
14 disclose a material fact in obtaining or increasing benefits, whether or not he is
15 successful in obtaining or increasing benefits, or otherwise due to his fraud receives
16 any amount as benefits under this Chapter to which he was not entitled, for the
17 remainder of the benefit year subsequent to the commission of the fraudulent act and
18 continuing for the fifty-two weeks which immediately follow the week in which such
19 determination was made until the benefits so obtained plus any penalty imposed in
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HB NO. 247
1 accordance with R.S. 23:1714 are repaid, or until ten years have elapsed from the
2 date of disqualification.
3 (b) All benefits paid with respect to such weeks shall be immediately due
4 and on demand paid in accordance with department regulations to the administrator
5 for the fund and such individual shall not be entitled to further benefits until
6 repayment has been made or the claim for repayment has prescribed. If information
7 indicating a claimant has earned any unreported wages for weeks claimed is obtained
8 by the administrator, prior to the administrator rendering a determination on the issue
9 the claimant shall be notified by mail or other delivery method. The claimant shall
10 have seven days from the date of mailing to respond, or if notice is not by mail, then
11 the claimant shall have seven days from the delivery date of such notice to respond.
12 (b) (c) A claim for repayment under this Section shall prescribe against the
13 state ten years from the date the administrator determines that repayment is due. This
14 prescription shall be interrupted for the period of time during which an appeal is
15 pending, by the filing of suit for collection by the administrator or by an
16 acknowledgment or partial payment of the indebtedness. Any disqualification
17 decision or determination pursuant to this Paragraph may be appealed in the same
18 manner as from any other disqualification imposed under this Chapter.
19 * * *
20 §1714. Penalties
21 * * *
22 D. In all overpayments involving one thousand dollars or more of benefits
23 obtained as a result of fraud, as defined in R.S. 23:1601(8), the administrator shall
24 refer all information relating to the overpayment and claimant to the office of the
25 district attorney in which the claimant resides. Acceptance of such overpayment
26 shall be considered a crime of theft under R.S. 14:67. Notwithstanding this
27 Paragraph, neither a criminal referral or conviction is necessary for the administrator
28 to assess any civil penalty outlined in this Section or R.S. 23:1601(8).
29 Section 2. The provisions of this Act shall become effective on December 31, 2024.
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HB NO. 247
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 247 Original 2024 Regular Session Echols
Abstract: Provides for penalties for the acceptance of overpayments of unemployment
benefits.
Present law provides for the payment of unemployment benefits to persons qualifying for
such benefits.
Present law provides that an individual shall be disqualified for benefits for the week, or a
fraction thereof, with respect to which he makes a false statement or representation knowing
it to be false, or knowingly fails to disclose a material fact in obtaining or increasing
benefits, whether or not he is successful in obtaining or increasing benefits, or otherwise due
to his fraud receives any amount as benefits under present law to which he was not entitled,
for the remainder of the benefit year subsequent to the commission of the fraudulent act and
continuing for the 52 weeks which immediately follow the week in which such
determination was made.
Proposed law removes the 52-week disqualification period and, instead, provides that the
individual shall be disqualified until the benefits obtained plus any penalty imposed in
accordance with R.S. 23:1714 are repaid, or until 10 years have elapsed from the date of
disqualification.
Proposed law provides that in all overpayments involving $1000 or more of benefits
obtained as a result of fraud, as defined in present law (R.S. 23:1601(8)), the administrator
shall refer all information relating to the overpayment and claimant to the office of the
district attorney in which the claimant resides.
Proposed law further provides that acceptance of such overpayment shall be considered a
crime of theft under present law (R.S. 14:67), and provides that neither a criminal referral
or conviction is necessary for the administrator to assess any civil penalty.
Effective Dec. 31, 2024.
(Amends R.S. 23:1601(8); Adds R.S. 23:1714(D))
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