H.B. 42 Enrolled

UNEMPLOYMENT COMPENSATION FRAUD
AMENDMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Neal B. Hendrickson
AN ACT RELATING TO WORKFORCE SERVICES; AMENDING THE CRIMINAL
PENALTIES FOR VIOLATIONS OF THE EMPLOYMENT SECURITY ACT.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
35A-4-104, as last amended by Chapters 10, 201 and 375, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 35A-4-104 is amended to read:
35A-4-104. Violations of chapter -- Penalties.
(1) (a) Any person who makes a false statement or representation knowing it to be false
or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment
under this chapter or under the Unemployment Compensation Law of any state or of the Federal
Government, either for himself or for any other person, is guilty of [a class A misdemeanor.]:
[(b) Notwithstanding Sections 76-3-204 and 76-3-301 , a fine imposed under Subsection
(1) shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.]
[(c) Each false statement or representation or failure to disclose a material fact constitutes
a separate offense.]
(i) a class B misdemeanor when the value of the money obtained or sought to be obtained
is less than $300;
(ii) a class A misdemeanor when the value of the money obtained or sought to be obtained
is or exceeds $300 but is less than $1,000;
(iii) a third degree felony when the value of the money obtained or sought to be obtained
is or exceeds $1,000 but is less than $5,000; or
(iv) a second degree felony when the value of the money obtained or sought to be obtained
is or exceeds $5,000.

(b) The determination of the degree of any offense under Subsection (1)(a) shall be measured
by the total value of all money obtained or sought to be obtained by the unlawful conduct.
(2) (a) Any employing unit or any officer or agent of an employing unit or any other person
who makes a false statement or representation knowing it to be false, or who knowingly fails to
disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled
thereto, or to avoid becoming or remaining a subject employer or to avoid or reduce any contribution
or other payment required from an employing unit under this chapter or under the Unemployment
Compensation Law of any state or of the federal government, or who willfully fails or refuses to
make any such contributions or other payment or to furnish any reports required in this chapter or
to produce or permit the inspection or copying of records as required hereunder is guilty of [a class
A misdemeanor.]:
[(b) Notwithstanding Sections 76-3-204 and 76-3-301 , a fine imposed under Subsection (2)
shall be not less than $50 and a penalty of imprisonment shall be for not longer than 60 days.]
[(c) Each false statement or representation or failure to disclose a material fact, and each day
of the failure or refusal constitutes a separate offense.]
(i) a class B misdemeanor when the value of the money obtained or sought to be obtained
is less than $300;
(ii) a class A misdemeanor when the value of the money obtained or sought to be obtained
is or exceeds $300 but is less than $1,000;
(iii) a third degree felony when the value of the money obtained or sought to be obtained is
or exceeds $1,000 but is less than $5,000; or
(iv) a second degree felony when the value of the money obtained or sought to be obtained
is or exceeds $5,000.
(b) The determination of the degree of any offense under Subsection (2)(a) shall be measured
by the total value of all money obtained or sought to be obtained by the unlawful conduct.
[(d)] (c) The division shall promptly inform the Division of Occupational and Professional
Licensing within the Department of Commerce if it has reason to believe that an employee leasing
company has violated Subsection (2)(a).

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(3) (a) Any person who willfully violates any provision of this chapter or any order or rule
made under this chapter, the violation of which is made unlawful or the observance of which is
required under the terms of this chapter, and for which a penalty is neither prescribed in this chapter
nor provided by any other applicable statute is guilty of a class A misdemeanor.
[(b) Notwithstanding Sections 76-3-204 and 76-3-301 , a fine imposed under Subsection (3)
shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.]
[(c)] (b) Each day a violation of Subsection (3)(a) continues shall be a separate offense.
(4) [(a)] If any employee of the department, in violation of Section 35A-4-312 , makes any
disclosure of information obtained from any employing unit or individual in the administration of
this chapter, or if any person who has obtained any list of applicants for work, or of claimants or
recipients of benefits, under this chapter shall use or permit the use of such list for any political
purpose, he is guilty of a class A misdemeanor.
[(b) Notwithstanding Sections 76-3-204 and 76-3-301 , a fine imposed under Subsection (4)
shall be not less than $50, and a penalty of imprisonment shall be for not longer than 60 days.]
(5) The penalties for felony and misdemeanor offenses are set forth in Title 76, Chapter 3,
Punishments.

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