S-2061               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5584

                        _______________________________________________

                                                                            C 221 L 87

State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Commerce & Labor (originally sponsored by Senators Tanner, Lee and Anderson; by request of Department of Labor and Industries)

Read first time 2/23/87.

AN ACT Relating to penalties for inaccurate reports and claims made to the department of labor and industries; amending RCW 51.48.020; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 51.48.020, chapter 23, Laws of 1961 as last amended by section 22, chapter 323, Laws of 1977 ex. sess. and RCW 51.48.020 are each amended to read as follows:

          (1) Any employer, who misrepresents to the department the amount of his or her payroll upon which the premium under this title is based, shall be liable to the state in ten times the amount of the difference in premiums paid and the amount the employer should have paid and for the reasonable expenses of auditing his or her books and collecting such sums.  Such liability may be enforced in the name of the department.  ((Such)) If such misrepresentations are made knowingly, an employer shall also be guilty of a ((class C)) felony ((if such misrepresentations are made knowingly, if the amount of the difference in premiums is five hundred dollars or more and shall be guilty of a gross misdemeanor if such amount is less than five hundred dollars)), or gross misdemeanor in accordance with the theft and anticipatory provisions of Title 9A RCW.

          (2) Any person claiming benefits under this title, who knowingly gives false information required in any claim or application under this title shall be guilty of a ((class C)) felony ((when such claim or application involves an amount of five hundred dollars or more.  When such claim or application involves an amount less than five hundred dollars, the person giving such information shall be guilty of a gross misdemeanor)), or gross misdemeanor in accordance with the theft and anticipatory provisions of Title 9A RCW.