13.2111 Penalties.

Cite as [A.S.C.A. § 13.2111]

(a) Whoever, being over eighteen years of age, refuses or willfully neglects, when requested by the Director of the Department of Commerce, the Chief of Statistics, or any other authorized employee or agent of the Statistics Division, to answer, to the best of his knowledge, any of the questions on any schedule submitted to him in connection with any statistical collection, census, or survey provided for by this Act, applying to himself or to the family to which he belongs or related, or to the farm or farms of which he or his family is the occupant, shall be fined not more than $200.00.

(b) Whoever, when answering questions authorized for the purposes f carrying out this Act, and under the conditions and circumstances described in subsection (a) of this section, willfully gives any answer that is false, shall be fined not more than $500.00.

(c) Notwithstanding any other provision of this Act, no person shall be compelled to disclose information regarding his religious beliefs or membership in a religious body.

(d) Whoever, either directly or indirectly, offers or renders to any officer or employee of the Statistics Division engaged in making an enumeration of population, any suggestion, advice, information or assistance of any kind, with the intent or purpose of causing an inaccurate enumeration of population shall be guilty of a class A misdemeanor and upon conviction shall be sentenced accordingly.

(e) Whoever, being the owner, proprietor, manager, superintendent, or agent of any hotel, apartment house, boarding or lodging house, barracks, tenement, or other building, refuses or willfully neglects when requested by the Director of the Department of Commerce, the Chief of Statistics, or their designee, acting under the authority of this Act, to furnish the names of the occupants of such premises, or to give free ingress and egress therefrom to any duly accredited representative of the Director of the Chief of Statistics, so as to permit the collection of statistics as provided for in this Act, or any survey being taken or made, the proper and correct enumeration of all persons having their usual place of abode in such premises, shall be fined not more than $500.00.

(f) Whoever, being the owner, official, agent, person in charge, or assistant to the person in charge, of any company, business, institution, establishment, religious body or organization of any nature whatsoever, neglects or refuses when requested by the Statistics Division, or authorized agent thereof, to answer completely and correctly to the best of his knowledge all questions relating to his company, business, institution, establishment, religious body, or other organization, or to records or statistics in his official custody, contained on any census or other schedule or questionnaire prepared and submitted to him under the authority of this law, shall be fined not more than $500.00 per day that he neglects or refuses to answer such request completely and correctly; and if he willfully gives a false answer to any such question, he shall be guilty of a class D felony and upon conviction shall be sentenced accordingly.

(g) Whoever, being an employee of the Statistics Division and having taken and subscribed to the oath of office in accordance with this Act, neglects or refuses, without justifiable cause, to perform the duties required of such employee by this Act shall be fined not more than $500.00.

(h) Whoever, being an officer, agent, or employee referred to in this Act, willfully and knowingly swears or affirms falsely as to the truth of any statement required to be made or subscribed by him under oath by or under authority of this Act, shall be guilty of perjury, a class D felony under this Act, and upon conviction shall be sentenced accordingly.

(i) Whoever, being an officer or employee referred to in this Act (1) willfully and knowingly makes a false certificate or fictitious return; or (2) knowingly or willingly furnishes or causes to be furnished, or, having been such an officer or employee, knowingly or willfully furnished or caused to be furnished, directly or indirectly, to the Director of the Department of Commerce, the Chief of Statistics, or to any other officer or employee of the Department of Commerce, any false statement or false information with reference to any inquiry for which he was authorized and required to collect information provided for this Act, shall be guilty of a class D felony and upon conviction shall be sentenced accordingly.

(j) Whoever, being or having been an employee or staff member referred to in this Act, having taken and subscribed the oath of office, publishes or communicates any information, the disclosure of which is prohibited by the provisions of this Act, and which comes into his possession by reason of his being employed (or otherwise provided services) under the provisions of this Act, shall be guilty of a class D felony and upon conviction shall be sentenced accordingly.

(k) The Director of the Department of Commerce is authorized to assess, impose and

collect the fines provided for in this section, excluding those which may be assessed in conjunction with sentencing for a conviction of a misdemeanor or felony under this section. Imposition of those fines imposed by the Director of the Department of Commerce may be appealed to the Administrative Law Judge.

History: 2004, PL 28-26.