Amendment SSA1-SB237

SB237-SSA1,18,5 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.64, 1997 stats., or s. 939.641, 1997 stats., or s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

SB237-SSA1, s. 25 Section 25. 48.685 (5) (bm) 2. of the statutes is amended to read:

SB237-SSA1,18,8 48.685 (5) (bm) 2. A violation of s. 940.19 (3), 1997 stats., or of s. 940.19 (2), (3), (4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.

SB237-SSA1, s. 26 Section 26. 48.685 (5) (bm) 3. of the statutes is amended to read:

SB237-SSA1,18,12 48.685 (5) (bm) 3. A violation of s. 943.23 (1m) or (1r), 1997 stats., or of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g), (1m) or (1r) or 943.32 (2).

SB237-SSA1, s. 27 Section 27. 48.685 (5) (bm) 4. of the statutes is amended to read:

SB237-SSA1,18,17 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1997 stats., or of s. 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

SB237-SSA1, s. 28 Section 28. 49.127 (8) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,18,22 49.127 (8) (a) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class I felony.

SB237-SSA1, s. 29 Section 29. 49.127 (8) (b) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,19,4 49.127 (8) (b) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB237-SSA1, s. 30 Section 30. 49.127 (8) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,19,9 49.127 (8) (c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section may be fined not more than $250,000 or imprisoned for not more than 30 years or both is guilty of a Class G felony.

SB237-SSA1, s. 31 Section 31. 49.141 (7) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,19,15 49.141 (7) (a) A person who is convicted of violating sub. (6) in connection with the furnishing by that person of items or services for which payment is or may be made under Wisconsin works may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB237-SSA1, s. 32 Section 32. 49.141 (7) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,19,20 49.141 (7) (b) A person, other than a person under par. (a), who is convicted of violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than 2 years 9 months or both.

SB237-SSA1, s. 33 Section 33. 49.141 (9) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,20,6 49.141 (9) (a) Whoever solicits or receives any remuneration in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under Wisconsin works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 34 Section 34. 49.141 (9) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,20,17 49.141 (9) (b) Whoever offers or pays any remuneration in cash or in-kind to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 35 Section 35. 49.141 (10) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,20,23 49.141 (10) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 36 Section 36. 49.49 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,21,7 49.49 (1) (b) 1. In the case of such a statement, representation, concealment, failure, or conversion by any person in connection with the furnishing by that person of items or services for which medical assistance is or may be made, a person convicted of violating this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 37 Section 37. 49.49 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,21,20 49.49 (2) (a) Solicitation or receipt of remuneration. Any person who solicits or receives any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under a medical assistance program, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 38 Section 38. 49.49 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,22,8 49.49 (2) (b) Offer or payment of remuneration. Whoever offers or pays any remuneration including any kickback, bribe, or rebate directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under a medical assistance program, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 39 Section 39. 49.49 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,22,20 49.49 (3) Fraudulent certification of facilities. No person may knowingly and wilfully make or cause to be made, or induce or seek to induce the making of, any false statement or representation of a material fact with respect to the conditions or operation of any institution or facility in order that such institution or facility may qualify either upon initial certification or upon recertification as a hospital, skilled nursing facility, intermediate care facility, or home health agency. Violators of A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 40 Section 40. 49.49 (3m) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,23,2 49.49 (3m) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 41 Section 41. 49.49 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,23,8 49.49 (4) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB237-SSA1, s. 42 Section 42. 49.95 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is renumbered 49.95 (1) (intro.) and amended to read:

SB237-SSA1,23,13 49.95 (1) (intro.) Any person who, with intent to secure public assistance under this chapter, whether for himself or herself or for some other person, wilfully makes any false representations may, if is subject to the following penalties:

SB237-SSA1,23,15 (a) If the value of the assistance so secured does not exceed $300, the person may be required to forfeit not more than $1,000; if.

SB237-SSA1,23,18 (b) If the value of the assistance exceeds $300 but does not exceed $1,000, the person may be fined not more than $250 or imprisoned for not more than 6 months or both; if.

SB237-SSA1,23,21 (c) If the value of the assistance exceeds $1,000 but does not exceed $2,500, $2,000, the person may be fined not more than $500 $10,000 or imprisoned for not more than 7 years and 6 9 months or both; and if.

SB237-SSA1,23,24 (d) If the value of the assistance exceeds $2,500, be punished as prescribed under s. 943.20 (3) (c) $2,000 but does not exceed $5,000, the person is guilty of a Class I felony.

SB237-SSA1, s. 43 Section 43. 49.95 (1) (e) and (f) of the statutes are created to read:

SB237-SSA1,24,2 49.95 (1) (e) If the value of the assistance exceeds $5,000 but does not exceed $10,000, the person is guilty of a Class H felony.

SB237-SSA1,24,4 (f) If the value of the assistance exceeds $10,000, the person is guilty of a Class G felony.

SB237-SSA1, s. 44 Section 44. 51.15 (12) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,24,10 51.15 (12) Penalty. Whoever signs a statement under sub. (4), (5) or (10) knowing the information contained therein to be false may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB237-SSA1, s. 45 Section 45. 55.06 (11) (am) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,24,16 55.06 (11) (am) Whoever signs a statement under par. (a) knowing the information contained therein to be false may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB237-SSA1, s. 46 Section 46. 66.4025 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,24,23 66.4025 (1) (b) Any person who secures or assists in securing dwelling accommodations under s. 66.402 by intentionally making false representations in order to receive at least $2,500 but not more than $25,000 in financial assistance for which the person would not otherwise be entitled shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

SB237-SSA1, s. 47 Section 47. 66.4025 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,25,5 66.4025 (1) (c) Any person who secures or assists in securing dwelling accommodations under s. 66.402 by intentionally making false representations in order to receive more than $25,000 in financial assistance for which the person would not otherwise be entitled shall be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB237-SSA1, s. 48 Section 48. 69.24 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,25,10 69.24 (1) (intro.) Any person who does any of the following shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony:

SB237-SSA1, s. 49 Section 49. 70.47 (18) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,25,16 70.47 (18) (a) Whoever with intent to injure or defraud alters, damages, removes or conceals any of the items specified under subs. (8) (f) and (17) may be fined not more than $1,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

SB237-SSA1, s. 50 Section 50. 71.83 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,26,3 71.83 (2) (b) Felony. 1. `False income tax return; fraud.' Any person, other than a corporation or limited liability company, who renders a false or fraudulent income tax return with intent to defeat or evade any assessment required by this chapter shall be is guilty of a Class H felony and may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both, together with assessed the cost of prosecution. In this subdivision, "return" includes a separate return filed by a spouse with respect to a taxable year for which a joint return is filed under s. 71.03 (2) (g) to (L) after the filing of that separate return, and a joint return filed by the spouses with respect to a taxable year for which a separate return is filed under s. 71.03 (2) (m) after the filing of that joint return.

SB237-SSA1,26,10 2. `Officer of a corporation; false franchise or income tax return.' Any officer of a corporation or manager of a limited liability company required by law to make, render, sign or verify any franchise or income tax return, who makes any false or fraudulent franchise or income tax return, with intent to defeat or evade any assessment required by this chapter shall be is guilty of a Class H felony and may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both, together with assessed the cost of prosecution.

SB237-SSA1,26,16 3. `Evasion.' Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized with intent to evade or defeat the assessment or collection of any tax administered by the department is guilty of a Class I felony and may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, together with assessed the costs cost of prosecution.

SB237-SSA1,26,24 4. `Fraudulent claim for credit.' The A claimant who filed files a claim for credit under s. 71.07, 71.28 or 71.47 or subch. VIII or IX that is false or excessive and was filed with fraudulent intent and any person who assisted , with fraudulent intent, assists in the preparation or filing of the false or excessive claim or supplied information upon which the false or excessive claim was prepared, with fraudulent intent, is guilty of a Class H felony and may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both, together with assessed the cost of prosecution.

SB237-SSA1, s. 51 Section 51. 86.192 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,27,5 86.192 (4) Any person who violates this section shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony if the injury, defacement or removal causes the death of a person.

SB237-SSA1, s. 52 Section 52. 97.43 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,27,10 97.43 (4) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB237-SSA1, s. 53 Section 53. 97.45 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,27,15 97.45 (2) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB237-SSA1, s. 54 Section 54. 100.171 (7) (b) of the statutes is amended to read:

SB237-SSA1,27,21 100.171 (7) (b) Whoever intentionally violates this section may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony. A person intentionally violates this section if the violation occurs after the department or a district attorney has notified the person by certified mail that the person is in violation of this section.

SB237-SSA1, s. 55 Section 55. 100.2095 (6) (d) of the statutes is amended to read:

SB237-SSA1,27,25 100.2095 (6) (d) A person who violates sub. (3), (4) or (5) may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than one year 9 months or both. Each day of violation constitutes a separate offense.

SB237-SSA1, s. 56 Section 56. 100.26 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,28,5 100.26 (2) Any person violating s. 100.02 shall be fined not less than $50 nor more than $3,000 or imprisoned for not less than 30 days nor more than 4 years and 6 months or both is guilty of a Class I felony.

SB237-SSA1, s. 57 Section 57. 100.26 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,28,11 100.26 (5) Any person violating s. 100.06 or any order or regulation of the department thereunder, or s. 100.18 (9), shall may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both. Each day of violation constitutes a separate offense.

SB237-SSA1, s. 58 Section 58. 100.26 (7) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,28,18 100.26 (7) Any person violating s. 100.182 shall may be fined not less than $500 nor more than $5,000 $10,000 or imprisoned for not more than 2 years 9 months or both for each offense. Each unlawful advertisement published, printed or mailed on separate days or in separate publications, hand bills or direct mailings is a separate violation of this section.

SB237-SSA1, s. 59 Section 59. 101.143 (10) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,28,24 101.143 (10) (b) Any owner or operator, person owning a home oil tank system or service provider who intentionally destroys a document that is relevant to a claim for reimbursement under this section may be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class G felony.

SB237-SSA1, s. 60 Section 60. 101.94 (8) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,29,6 101.94 (8) (b) Any individual or a director, officer or agent of a corporation who knowingly and wilfully violates this subchapter in a manner which threatens the health or safety of a purchaser shall may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

SB237-SSA1, s. 61 Section 61. 102.835 (11) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,29,14 102.835 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, is guilty of a Class I felony and shall be liable to the state for the costs of prosecution.

SB237-SSA1, s. 62 Section 62. 102.835 (18) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,29,22 102.835 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employe by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever wilfully violates this subsection may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

SB237-SSA1, s. 63 Section 63. 102.85 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,30,3 102.85 (3) An employer who violates an order to cease operations under s. 102.28 (4) may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

SB237-SSA1, s. 64 Section 64. 108.225 (11) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,30,11 108.225 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, is guilty of a Class I felony and shall be liable to the state for the costs of prosecution.