MI HB5166

Unemployment agency may recover amounts obtained through intentional violations plus triple damages, with option to refer to prosecutors for criminal charges carrying imprisonment up to 1 year (under $25,000), 2 years ($25,000-$100,000), or 5 years (over $100,000).

For knowing violations involving false statements or failure to disclose material facts to obtain benefits, agency may recover the amount plus triple damages, with criminal penalties of up to 1 year imprisonment for amounts $100,000 or less, or up to 2 years for amounts exceeding $100,000.

Establishes enhanced penalties for identity theft fraud with damages equal to 4 times the amount obtained, and requires employer weekly wage information to establish fraud based on unreported earnings for benefit years beginning May 1, 2017 or later.

Increases administrative fines for late quarterly wage detail reports to $50 if filed within 30 days, $250 if filed more than one calendar quarter late, plus additional $250 for each additional quarter late.

Requires unemployment agency employees to independently verify facts before making determinations based on violations and prohibits determinations based solely on computer-identified discrepancies; effective July 1, 2018, contingent on enactment of HB 5165-5172.