Text: SF00372 Text: SF00374 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 85.26A OFFENSES – PENALTIES.
1 2 1. An individual who makes a false statement or
1 3 representation knowing it to be false or who knowingly fails
1 4 to disclose a material fact, in order to obtain or increase
1 5 any benefit or other payment under this chapter, or chapter
1 6 85A, 85B, or 86, either for the individual or for any other
1 7 individual, commits a fraudulent practice as defined in
1 8 sections 714.8 through 714.14. The total amount of benefits
1 9 or payments involved in the completion of or in the attempt to
1 10 complete a fraudulent practice shall be used in determining
1 11 the value involved under section 714.14.
1 12 2. An employer or an officer or agent of an employer or
1 13 any other person who makes a false statement or representation
1 14 knowing it to be false, or who knowingly fails to disclose a
1 15 material fact, to prevent or reduce the payment of benefits to
1 16 any individual entitled to benefits under this chapter, or
1 17 chapter 85A, 85B, or 86, is guilty of a fraudulent practice as
1 18 defined in sections 714.8 through 714.14. The total amount of
1 19 benefits involved in the completion of or in the attempt to
1 20 complete a fraudulent practice shall be used in determining
1 21 the value involved under section 714.14.
1 22 3. Any person who willfully violates any provisions of
1 23 this chapter, or chapter 85A, 85B, or 86, or any rule
1 24 thereunder, the violation of which is made unlawful or the
1 25 observance of which is required under the terms of this
1 26 chapter, or chapter 85A, 85B, or 86, and for which a penalty
1 27 is neither prescribed herein nor provided by any other
1 28 applicable statute, commits a simple misdemeanor.
1 29 EXPLANATION
1 30 This bill provides that it is a fraudulent practice for a
1 31 person to make a false statement to try and receive or help
1 32 another to receive an increased workers' compensation benefit
1 33 and it is also a fraudulent practice for an employer to make a
1 34 false statement to try and reduce their liability for workers'
1 35 compensation benefits. The bill provides that the total
2 1 amount of benefits involved shall be used in determining the
2 2 value involved for purposes of establishing the degree of the
2 3 fraudulent practice pursuant to Code chapter 714. The bill
2 4 also provides that any violation of a workers' compensation
2 5 provision in Code chapter 85, 85A, 85B, or 86 shall, if no
2 6 penalty is otherwise specified, constitutes a simple
2 7 misdemeanor.
2 8 LSB 2651XS 77
2 9 ec/jw/5
Text: SF00372 Text: SF00374 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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