K.S.A. 44-719 Penalties For Violation of Act; Repayment of Benefits Ineligibly Received, Interest Thereon; Criminal Prosecution

• Library: Kansas Statutes
• Edition: 2023
• Currency: Current through 2023 Session Acts Chapter 108
• Year: 2023
• Citation: K.S.A. 44-719

(a)

(1) Except as provided in subsection (a)(2), 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 act, either for such person or for any other person, shall be guilty of theft and shall be punished in accordance with the provisions of K.S.A. 2022 Supp. 21-5801, and amendments thereto.

(2) Any violation of subsection (a)(1) shall be a severity level 5, nonperson felony if such person:

(A) Had no basis to obtain or increase any benefit or other payment under this act because the person failed to engage in employment as defined in K.S.A. 44-703, and amendments thereto, and failed to perform any services for wages within this state not within the meaning of employment as defined in K.S.A. 44-703, and amendments thereto;

(B) knowingly made the false statement or representation in such a manner that such statement or representation purports to have been made by another person, either real or fictitious, and if a real person without the authority of such person; and

(C) communicated or caused to be communicated a false statement or representation on three or more occasions within a 30-day period that purported to be from different other persons, as provided by paragraph (2)(B), to the department of labor.

(b) Any employing unit or any officer or agent for any 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 subject hereto or to avoid or reduce any contribution or other payment required from an employing unit under this act, or who willfully fails or refuses to make any such contributions or other payment or to furnish any reports required hereunder or to produce or permit the inspection or copying of records as required hereunder, shall be punished by a fine of not less than $20 nor more than $200, or by imprisonment for not longer than 60 days, or both such fine and imprisonment. Each such false statement or representation or failure to disclose a material fact and each day of such failure or refusal shall constitute a separate offense.

(c) Any person who willfully violates any provision of this act or any rule and regulation adopted by the secretary hereunder, the violation of which is made unlawful or the observance of which is required under the terms of this act, and for which a penalty is neither prescribed herein or provided by any other applicable statute, shall be punished by a fine of not less than $20 nor more than $200, or by imprisonment for not longer than 60 days, or by both such fine and imprisonment, and each day such violation continues shall be deemed to be a separate offense.