Bill Text: HI HB600 | 2010 | Regular Session | Introduced
Bill Title: Department of Human Services Assistance; Fraud Reward Program
Spectrum: Moderate Partisan Bill (Democrat 13-3)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB600 Detail]
Download: Hawaii-2010-HB600-Introduced.html
Report Title:
Department of Human Services Assistance; Fraud Reward Program
Description:
Establishes a reward program for reporting of fraudulent claims to department of human services assistance programs. Increases penalties for committing fraud under assistance programs.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
600 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HUMAN SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§346- Financial assistance; report of fraud; reward. (a) The department shall establish a reward program for individuals who report persons who have committed fraud under section 346-34 or 346-43.5.
(b) Any individual who reports the commission of a fraud to the department, the attorney general, or any county prosecutor's office may collect an award under the reward program if the perpetrator of the fraud is convicted under section 346-34 or 346-43.5 and ordered to make restitution to the State; provided that:
(1) The award shall be the lesser of:
(A) $2,500; or
(B) Ten per cent of the amount ordered as restitution to the State; and
(2) Payment of the award shall be made no later than thirty days after restitution sufficient to cover the total amount of the award is paid by the person convicted of the fraud, but no later than five years after the date of conviction, regardless of the amount of restitution paid.
(c) The department shall establish rules, pursuant to chapter 91, for purposes of this section."
SECTION 2. Section 346-34, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) If, at any time while the recipient
of public assistance is receiving public assistance, the recipient's living
requirements are reduced and the recipient wilfully fails to report the
reduction within thirty days from the date of the reduction to the department,
or the recipient acquires from any source real property, funds, income, or
other resources and wilfully fails to report the amount acquired together with
the source of the resources to the department within thirty days of receipt of
the resources, or prior to spending or otherwise disposing of all or any
portion of the resources, the recipient shall be guilty of a [petty
misdemeanor.] misdemeanor; provided that:
(1) If the amount of public assistance fraudulently obtained by the recipient exceeds $300, the person shall be guilty of a class C felony; and
(2) If the amount of public assistance fraudulently obtained by the recipient exceeds $20,000, the person shall be guilty of a class B felony."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 for a reward program pursuant to section 1 of this Act.
The sums appropriated shall be expended by the department of human services for the purposes of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2009.
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INTRODUCED BY: |
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