SB968: False statements, etc., by employing units; failure to furnish reports, etc.

SENATE BILL NO. 968

Offered January 19, 2018
A BILL to amend and reenact § 60.2-518 of the Code of Virginia, relating to false statements, etc., by employing units; failure to furnish reports, etc.
Patron-- McPike

Referred to Committee on Commerce and Labor

Be it enacted by the General Assembly of Virginia:

1. That § 60.2-518 of the Code of Virginia is amended and reenacted as follows:

§ 60.2-518. False statements, etc., by employing units; failure to furnish reports, etc.

A. Any employing unit or any officer or agent of an employing unit or any other person shall be guilty of a Class 1 misdemeanor if it or he:

1. Makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact (i) to prevent or reduce the payment of benefits to any individual entitled thereto, (ii) to avoid becoming or remaining subject to this title or (iii) to avoid or reduce any tax or other payment required from an employing unit under this title; or

2. Willfully fails or refuses (i) to furnish any reports required by this title or (ii) to produce or permit the inspection or copying of records as required hereunder.

B. Each such false statement, representation or failure to disclose a material fact listed in this section, and each day of such failure or refusal shall constitute a separate offense.

C. In addition to the provisions of subsection A., any employing unit or any officer or agent of an employing unit shall be liable to pay to the Commission a penalty of $1,000 for each offense arising under subsection B.

D. Upon a finding by the Commission of a willful failure or refusal to furnish any reports required by this title or to produce or permit the inspection or copying of records as required hereunder, and after 3 days' written notice thereof sent by certified mail to the employer, if such willful failure or refusal continues, the Commission may order the employer to cease and desist all business transactions and operations until found by the Commission to be in compliance with the provisions of this title.