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Committee advances bill increasing penalties for unemployment fraud and adding identity‑theft felony
Summary
House Bill 53 would define “knowingly” and “willfully,” increase disqualification periods and penalties for repeated unemployment-fraud findings, and add identity theft as an automatic felony for use in obtaining benefits. The Commerce and Human Resources Committee gave the bill a do-pass recommendation by voice vote.
Representative Laurie McCann, sponsor of House Bill 53, told the Commerce and Human Resources Committee the bill updates statute on unemployment fraud, including four principal changes: defining the legal terms "willfully" and "knowingly," increasing disqualification periods and penalties for repeated fraud findings, distinguishing misdemeanor from felony fraud consistent with theft statutes, and adding identity theft as an automatic felony when used to obtain unemployment benefits.
"These are legal terms," McCann said, describing the definitions in the bill and adding that the second fraud would carry a 50 percent penalty and two‑year disqualification and a third consecutive fraud would carry a 100 percent penalty and three‑year disqualification. McCann said the bill aligns smaller frauds under $1,000 with misdemeanor theft and categorizes frauds over $1,000 as felonies.
Committee members asked technical and legal questions about the placement and wording of the definition of "knowingly" and how the bill's willfulness language reflects court precedent. A department legal staff member explained the bill moves an existing definition elsewhere in the code without changing it and that the proposed willful definition mirrors Idaho Supreme Court case law and prior practice by the Industrial Commission.
Representative Bruce asked how the disqualification periods were set; McCann and the director explained the statute matches the length of disqualification to the number of frauds (e.g., first fraud = 1 year, second fraud = 2 years, third fraud = 3 years, etc.). Representative Chiuom asked about the fraud rate and staffing; Director Janie Revere said the rates and staffing levels fluctuate and the department would provide exact counts later. On immigration status, the director said claimants must be authorized to work to receive benefits.
Representative McCann moved to send House Bill 53 to the floor with a do-pass recommendation. The motion passed by voice vote; no roll-call tally was recorded in the transcript.
Votes at a glance: House Bill 53 — motion to send to floor with do-pass; voice vote recorded as "aye" with no roll-call tally; motion passed.
