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LRB-0656/1
FFK:jld
2017 Special Session
2017 - 2018 LEGISLATURE
Fraud in parental choice programs
Preliminary Draft - Not Ready For Introduction
September 13, 2017 - Introduced by Representatives Genrich, Horlacher, Hebl,
Anderson, Kolste, Pope, Berceau, Sargent, Vruwink, Wachs, C. Taylor,
Brostoff, Considine and Subeck, cosponsored by Senators Carpenter, L.
Taylor
and Hansen. Referred to Committee on Education.
AB493,1,2 1An Act to create 118.60 (10m), 119.23 (10m) and 946.94 of the statutes; relating
2to:
fraud in parental choice programs and providing a criminal 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB493,1
1Section 1. 118.60 (10m) of the statutes is created to read:
AB493,2,112 118.60 (10m) The department of justice or the district attorney may institute,
3manage, control, and direct, in the proper county, any prosecution for violation of
4criminal laws affecting a parental choice program under this section, including laws
5relating to parental choice programs under ch. 946 and laws affecting the health,
6safety, and welfare of pupils attending private schools under parental choice
7programs. For this purpose the department of justice shall have and exercise all
8powers conferred upon district attorneys in such cases. The department of justice
9or district attorney shall notify the department of public instruction of any such
10prosecution of a person holding a license granted by the department of public
11instruction.
AB493,2 12Section 2 . 119.23 (10m) of the statutes is created to read:
AB493,2,2213 119.23 (10m) The department of justice or the district attorney may institute,
14manage, control, and direct, in the proper county, any prosecution for violation of
15criminal laws affecting a parental choice program under this section, including laws
16relating to parental choice programs under ch. 946 and laws affecting the health,
17safety, and welfare of pupils attending private schools under parental choice
18programs. For this purpose the department of justice shall have and exercise all
19powers conferred upon district attorneys in such cases. The department of justice
20or district attorney shall notify the department of public instruction of any such
21prosecution of a person holding a license granted by the department of public
22instruction.
AB493,3 23Section 3 . 946.94 of the statutes is created to read:
AB493,2,25 24946.94 Parental choice program fraud. (1) In this section, “parental choice
25program" means a parental choice program under s. 118.60 or 119.23.
AB493,3,3
1(2) Whoever intentionally makes or causes to be made any false statement or
2representation of material fact in any application to participate in a parental choice
3program is guilty of a Class A misdemeanor.
AB493,3,4 4(3) No person may do any of the following:
AB493,3,75 (a) Having knowledge of an event affecting the person's eligibility to participate
6in a parental choice program, conceal or fail to disclose that event with an intent to
7fraudulently participate in a parental choice program.
AB493,3,98 (b) Receive a payment under a parental choice program and use the funding
9for purposes that are not authorized under the parental choice program.
AB493,3,1010 (c) Whoever violates par. (a) or (b) is subject to the following penalties:
AB493,3,1211 1. If the value of the payment that is obtained as the result of the violation is
12more than $5,000 but does not exceed $10,000, a Class H felony.
AB493,3,1413 2. If the value of the payment that is obtained as the result of the violation is
14more than $10,000, a Class G felony.
AB493,3,19 15(4) Whoever makes any statement in a written application to participate in a
16parental choice program is considered to have made an admission as to the existence,
17correctness, or validity of any fact stated. Such a statement is prima facie evidence
18against the person who made it in any complaint, information, or indictment, or in
19any action brought for enforcement of any provision of this section.
AB493,4 20Section 4. Initial applicability.
AB493,3,2321 (1) Parental choice program fraud. The treatment of section 946.94 of the
22statutes first applies to acts and omissions that occur on the effective date of this
23subsection.
AB493,3,2424 (End)
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