Bill Text: CT HB05234 | 2012 | General Assembly | Introduced
Bill Title: An Act Concerning The Wilful Failure Of An Employer To Declare The Payment Of Wages On Payroll Records For Unemployment Compensation Purposes.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-04-19 - File Number 538 [HB05234 Detail]
Download: Connecticut-2012-HB05234-Introduced.html
General Assembly |
Raised Bill No. 5234 | |||
February Session, 2012 |
LCO No. 686 | |||
*00686_______LAB* |
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Referred to Committee on Labor and Public Employees |
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Introduced by: |
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(LAB) |
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AN ACT INCREASING CRIMINAL AND FINANCIAL PENALTIES TO EMPLOYERS FOR FALSE OR MISLEADING DECLARATIONS, STATEMENTS OR REPRESENTATIONS RELATING TO CERTAIN UNEMPLOYMENT COMPENSATION PAYMENTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (c) of section 31-273 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):
(c) Any person, firm or corporation who knowingly employs a person and pays such employee without declaring such payment in the payroll records shall be guilty of a class [A misdemeanor] D felony.
Sec. 2. Subsection (e) of section 31-273 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):
(e) If the administrator determines that any person, firm or corporation has wilfully failed to declare the payment of wages on payroll records, the administrator may impose a penalty of [ten] fifteen per cent of the total contributions [past] due to the administrator during the entire period the person, firm or corporation wilfully failed to declare the payment of wages on payroll records, as determined pursuant to section 31-270. Such penalty shall be in addition to any other applicable penalty and interest under section 31-266. In addition, the administrator may require the person, firm or corporation to make contributions at the maximum rate provided in section 31-225a for a period of one year following the determination by the administrator concerning the wilful nondeclaration. If the person, firm or corporation is paying or should have been paying, the maximum rate at the time of the determination, the administrator may require that such maximum rate continue for a period of three years following the determination.
Sec. 3. Subsection (f) of section 31-273 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):
(f) Any person who knowingly makes a false statement or representation or fails to disclose a material fact in order to obtain, increase, prevent or decrease any benefit, contribution or other payment under this chapter, or under any similar law of another state or of the United States in regard to which this state acted as agent pursuant to an agreement authorized by section 31-225, whether to be made to or by himself or any other person, and who receives any such benefit, pays any such contribution or alters any such payment to his advantage by such fraudulent means [(1)] shall be guilty of a class [A misdemeanor if such benefit, contribution or payment amounts to five hundred dollars or less or (2) shall be guilty of a class] D felony. [if such benefit, contribution or payment amounts to more than five hundred dollars.] Notwithstanding the provisions of section 54-193, no person shall be prosecuted for a violation of the provisions of this subsection committed on or after October 1, 1977, except within five years next after such violation has been committed.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
January 1, 2013 |
31-273(c) |
Sec. 2 |
January 1, 2013 |
31-273(e) |
Sec. 3 |
January 1, 2013 |
31-273(f) |
Statement of Purpose:
To increase criminal and financial penalties on employers for misleading declarations, statements or representations relating to certain unemployment compensation payments.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]