Montana Code Annotated 2021



Part 32. General Penalties

Employing Unit Making False Statement Or Representation, Failing To Disclose Material Fact, Or Failing Or Refusing To Make Contributions Or Other Payments, Furnish Reports, Or Permit Inspection Or Copying Of Records -- Criminal Penalty

39-51-3204. Employing unit making false statement or representation, failing to disclose material fact, or failing or refusing to make contributions or other payments, furnish reports, or permit inspection or copying of records -- criminal penalty. (1) Any employing unit, any officer or agent of an employing unit, or any other person may not make a false statement or representation knowing it to be false or knowingly fail to disclose a material fact in order to:

(a) prevent or reduce the payment of benefits to any entitled individual;

(b) avoid or reduce any contribution or other payment required from an employing unit under this chapter or under the employment security law of any other state or territory or the federal government; or

(c) avoid the requirements of this chapter.

(2) An employing unit, any officer or agent of an employing unit, or any other person who violates a provision of subsection (1) shall be punished by a fine of not less than $50 or more than $500, by imprisonment for not less than 3 days or more than 30 days in the county jail, or by both. Each false statement or representation or failure to disclose a material fact and each day of the failure to disclose constitutes a separate offense.

(3) An employing unit or any officer or agent of the employing unit is subject to the penalty provisions of subsection (2) for willfully failing or refusing to:

(a) make any contributions or payments required by this chapter;

(b) furnish any reports required by this chapter; or

(c) produce or permit the inspection or copying of any records or materials as required by this chapter.

History: En. Sec. 16, Ch. 137, L. 1937; amd. Sec. 1, Ch. 150, L. 1951; amd. Sec. 7, Ch. 164, L. 1955; amd. Sec. 10, Ch. 156, L. 1961; amd. Sec. 1, Ch. 38, L. 1969; amd. Sec. 1, Ch. 17, L. 1975; amd. Sec. 30, Ch. 368, L. 1975; amd. Sec. 1, Ch. 240, L. 1977; R.C.M. 1947, 87-145(4); amd. Sec. 23, Ch. 25, L. 2009.