S.B. 127

1

PUBLIC ASSISTANCE FRAUD AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Howard A. Stephenson
5 House Sponsor: John Dougall
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to public assistance fraud.
10 Highlighted Provisions:
11 This bill:
12 . requires both earned and unearned income to be disclosed when an individual
13 applies for public assistance; and
14 . allows the state agency administering the public assistance to request additional
15 information it considers necessary to determine eligibility.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-8-1203, as last amended by Laws of Utah 2006, Chapter 80
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-8-1203 is amended to read:
26 76-8-1203. Disclosure required -- Penalty.
27 (1) Each person who applies for public assistance shall disclose to the state agency

28 administering the public assistance each fact that may materially affect the determination of the
29 person's eligibility to receive public assistance, including the person's current:
30 (a) marital status;
31 (b) household composition;
32 (c) employment;
33 (d) earned and unearned income, as defined by rule;
34 (e) receipt of monetary and in-kind gifts[, which would] that may affect the person's
35 eligibility; [and]
36 (f) assets[, which would] that may affect the person's eligibility[.]; and
37 (g) any other material fact or change in circumstance that may affect the determination
38 of that person's eligibility to receive public assistance benefits, or may affect the amount of
39 benefits for which the person is eligible.
40 (2) A person applying for public assistance who intentionally, knowingly, or recklessly
41 fails to disclose a material fact required to be disclosed under Subsection (1) is guilty of public
42 assistance fraud as provided in Section 76-8-1206 .
43 (3) With the exception of a client receiving public assistance from the Department of
44 Workforce Services or the Department of Health, a client who intentionally, knowingly, or
45 recklessly fails to disclose to the state agency administering the public assistance a change in a
46 material fact required to be disclosed under Subsection (1), within 10 days after the date of the
47 change, is guilty of public assistance fraud as provided in Section 76-8-1206 .
48 (4) A client who intentionally, knowingly, or recklessly fails to disclose to the
49 Department of Workforce Services or the Department of Health at the time of a review or
50 recertification, whichever comes first, a change in a material fact required to be disclosed under
51 Subsection (1) is guilty of public assistance fraud as provided in Section 76-8-1206 .




Legislative Review Note
as of 2-1-10 1:25 PM

Office of Legislative Research and General Counsel