LRB-4416/1
FFK:jld&sac:jf
2013 - 2014 LEGISLATURE
April 3, 2014 - Introduced by Representatives Genrich,
Goyke, Barnes, Berceau,
Kahl, Mason, Ohnstad, Pasch, C. Taylor and Wright, cosponsored by Senator
Lassa. Referred to Committee on Education.
AB925,1,2
1An Act to create 118.61 and 946.94 of the statutes;
relating to: fraud in
2parental choice programs and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill subjects certain acts and omissions related to a Parental Choice
Program (PCP) to criminal penalties. Under the bill, intentionally making a false
statement or representation in an application to participate in a PCP is a Class A
misdemeanor. The bill makes concealing or failing to disclose an event with an intent
to fraudulently participate in a PCP or using a payment received under a PCP for an
unauthorized purpose either a Class G or Class H felony, depending on the payment
a person received under the PCP. Additionally, under the bill, a statement in a
written application for a PCP is considered to be an admission of the existence,
correctness, or validity of the statement. Finally, this bill authorizes the Department
of Justice or a district attorney to prosecute violations of criminal laws affecting a
PCP, including laws affecting the health, safety, and welfare of pupils attending a
private school participating in a PCP.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB925,1
1Section
1. 118.61 of the statutes is created to read:
AB925,2,11
2118.61 Parental choice programs; jurisdiction of the department of
3justice. The department of justice or the district attorney may institute, manage,
4control, and direct, in the proper county, any prosecution for violation of criminal
5laws affecting a parental choice program under s. 118.60 or 119.23, including laws
6relating to parental choice programs under ch. 946 and laws affecting the health,
7safety, and welfare of pupils attending private schools under parental choice
8programs. For this purpose the department of justice shall have and exercise all
9powers conferred upon district attorneys in such cases. The department of justice
10or district attorney shall notify the department of any such prosecution of a person
11holding a license granted by the department.
AB925,2
12Section
2. 946.94 of the statutes is created to read:
AB925,2,14
13946.94 Parental choice program fraud.
(1) In this section, "parental choice
14program" means a parental choice program under s. 118.60 or 119.23.
AB925,2,17
15(2) Whoever intentionally makes or causes to be made any false statement or
16representation of material fact in any application to participate in a parental choice
17program is guilty of a Class A misdemeanor.
AB925,2,18
18(3) No person may do any of the following:
AB925,2,2119
(a) Having knowledge of an event affecting the person's eligibility to participate
20in a parental choice program, conceal or fail to disclose that event with an intent to
21fraudulently participate in a parental choice program.
AB925,2,2322
(b) Receive a payment under a parental choice program and use the funding
23for purposes that are not authorized under the parental choice program.
AB925,2,2424
(c) Whoever violates par. (a) or (b) is subject to the following penalties:
AB925,3,2
11. If the value of the payment that is obtained as the result of the violation is
2more than $5,000 but does not exceed $10,000, a Class H felony.
AB925,3,43
2. If the value of the payment that is obtained as the result of the violation is
4more than $10,000, a Class G felony.
AB925,3,9
5(4) Whoever makes any statement in a written application to participate in a
6parental choice program is considered to have made an admission as to the existence,
7correctness, or validity of any fact stated. Such a statement is prima facie evidence
8against the person who made it in any complaint, information, or indictment, or in
9any action brought for enforcement of any provision of this section.
AB925,3
10Section
3.
Initial applicability.
AB925,3,1311
(1)
Parental choice program fraud. The treatment of section 946.94 of the
12statutes first applies to acts and omissions that occur on the effective date of this
13subsection.
