SB357,66,2320
49.127
(8) (b) 2. If the value of the food coupons exceeds $100, but is less than
21$5,000, a person who violates this section
may be fined not more than $10,000 or
22imprisoned for not more than 7 years and 6 months or both is guilty of a Class H
23felony.
SB357,67,3
149.127
(8) (c) For any offense under this section, if the value of the food coupons
2is $5,000 or more, a person who violates this section
may be fined not more than
3$250,000 or imprisoned for not more than 30 years or both is guilty of a Class G felony.
SB357,67,96
49.141
(7) (a) A person who is convicted of violating sub. (6) in connection with
7the furnishing by that person of items or services for which payment is or may be
8made under Wisconsin works
may be fined not more than $25,000 or imprisoned for
9not more than 7 years and 6 months or both is guilty of a Class H felony.
SB357,67,1412
49.141
(7) (b) A person, other than a person under par. (a), who is convicted of
13violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than
142 years 9 months or both.
SB357,67,2517
49.141
(9) (a) Whoever solicits or receives any remuneration in cash or in-kind,
18in return for referring an individual to a person for the furnishing or arranging for
19the furnishing of any item or service for which payment may be made in whole or in
20part under Wisconsin works, or in return for purchasing, leasing, ordering, or
21arranging for or recommending purchasing, leasing, or ordering any good, facility,
22service, or item for which payment may be made in whole or in part under Wisconsin
23works,
is guilty of a Class H felony, except that, notwithstanding the maximum fine
24specified in s. 939.50 (3) (h), the person may be fined not more than $25,000
or
25imprisoned for not more than 7 years and 6 months or both.
SB357,68,113
49.141
(9) (b) Whoever offers or pays any remuneration in cash or in-kind to
4any person to induce the person to refer an individual to a person for the furnishing
5or arranging for the furnishing of any item or service for which payment may be made
6in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange
7for or recommend purchasing, leasing, or ordering any good, facility, service or item
8for which payment may be made in whole or in part under any provision of Wisconsin
9works,
is guilty of a Class H felony, except that, notwithstanding the maximum fine
10specified in s. 939.50 (3) (h), the person may be fined not more than $25,000
or
11imprisoned for not more than 7 years and 6 months or both.
SB357,68,1714
49.141
(10) (b) A person who violates this subsection
is guilty of a Class H
15felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h),
16the person may be fined not more than $25,000
or imprisoned for not more than 7
17years and 6 months or both.
SB357,69,220
49.49
(1) (b) 1. In the case of such a statement, representation, concealment,
21failure, or conversion by any person in connection with the furnishing by that person
22of items or services for which medical assistance is or may be made, a person
23convicted of violating this subsection
is guilty of a Class H felony, except that,
24notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be
1fined not more than $25,000
or imprisoned for not more than 7 years and 6 months
2or both.
SB357,69,155
49.49
(2) (a)
Solicitation or receipt of remuneration. Any person who solicits
6or receives any remuneration, including any kickback, bribe, or rebate, directly or
7indirectly, overtly or covertly, in cash or in kind, in return for referring an individual
8to a person for the furnishing or arranging for the furnishing of any item or service
9for which payment may be made in whole or in part under a medical assistance
10program, or in return for purchasing, leasing, ordering, or arranging for or
11recommending purchasing, leasing, or ordering any good, facility, service, or item for
12which payment may be made in whole or in part under a medical assistance program,
13is guilty of a Class H felony, except that, notwithstanding the maximum fine specified
14in s. 939.50 (3) (h), the person may be fined not more than $25,000
or imprisoned for
15not more than 7 years and 6 months or both.
SB357,70,318
49.49
(2) (b)
Offer or payment of remuneration. Whoever offers or pays any
19remuneration including any kickback, bribe, or rebate directly or indirectly, overtly
20or covertly, in cash or in kind to any person to induce such person to refer an
21individual to a person for the furnishing or arranging for the furnishing of any item
22or service for which payment may be made in whole or in part under a medical
23assistance program, or to purchase, lease, order, or arrange for or recommend
24purchasing, leasing, or ordering any good, facility, service or item for which payment
25may be made in whole or in part under a medical assistance program,
is guilty of a
1Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50
2(3) (h), the person may be fined not more than $25,000
or imprisoned for not more
3than 7 years and 6 months or both.
SB357,70,156
49.49
(3) Fraudulent certification of facilities. No person may knowingly
7and wilfully make or cause to be made, or induce or seek to induce the making of, any
8false statement or representation of a material fact with respect to the conditions or
9operation of any institution or facility in order that such institution or facility may
10qualify either upon initial certification or upon recertification as a hospital, skilled
11nursing facility, intermediate care facility, or home health agency.
Violators of A
12person who violates this subsection
is guilty of a Class H felony, except that,
13notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be
14fined not more than $25,000
or imprisoned for not more than 7 years and 6 months
15or both.
SB357,70,2118
49.49
(3m) (b) A person who violates this subsection
is guilty of a Class H
19felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h),
20the person may be fined not more than $25,000
or imprisoned for not more than 7
21years and 6 months or both.
SB357,71,224
49.49
(4) (b) A person who violates this subsection
is guilty of a Class H felony,
25except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the
1person may be fined not more than $25,000
or imprisoned for not more than 7 years
2and 6 months or both.
SB357, s. 114
3Section
114. 49.688 of the statutes is created to read:
SB357,71,5
449.688 Prescription drug assistance for elderly persons. (1) In this
5section:
SB357,71,66
(a) "Brand name" has the meaning given in s. 450.12 (1) (a).
SB357,71,77
(b) "Generic name" has the meaning given in s. 450.12 (1) (b).
SB357,71,98
(c) "Gross income" means all income, from whatever source derived and in
9whatever form realized, whether in money, property or services.
SB357,71,1010
(d) "Prescription drug" has the meaning given in s. 450.01 (20).
SB357,71,21
11(2) From the appropriations under s. 20.435 (4) (bv) and (j), beginning April 1,
122001, the department shall reimburse pharmacists for the provision of up to $10,000
13per year of prescription drugs that correspond to those prescription drugs for which
14reimbursement is made under s. 49.46 (2) (b) 6. h. and for which the manufacturer
15has entered into a rebate agreement with the department under sub. (5), to a person
16who meets criteria for eligibility under sub. (3). The department is the payer of last
17resort for coverage for prescription drugs under this subsection. The payment rate
18for provider reimbursement shall be the allowable charges paid under s. 49.46 (2) (b)
196. h. for prescription drugs. The department shall maintain, or contract for the
20maintenance of, a toll-free telephone number at department headquarters to
21provide information about participation in the program under this subsection.
SB357,71,23
22(3) (a) An individual is eligible for participation in the program under sub. (2)
23if the individual meets all of the following requirements:
SB357,72,3
11. The individual is at least 65 years of age, is a resident, as defined in s. 27.01
2(10) (a), of this state and is ineligible for medical assistance under s. 49.46, 49.465,
349.468 or 49.47.
SB357,72,64
2. If single, the individual's gross income does not exceed $50,000 or, if married,
5the couple's gross income does not exceed $75,000. These limitations shall be
6annually adjusted as specified in sub. (4).
SB357,72,77
(b) Program participants shall pay all of the following:
SB357,72,98
1. Twenty-five percent of the allowable charge paid under s. 49.46 (2) (b) 6. h.
9for each prescription drug provided under the program.
SB357,72,1110
2. A copayment of $5 for each prescription drug provided under the program
11that bears only a generic name.
SB357,72,1312
3. A copayment of $10 for each prescription drug provided under the program
13that bears a brand name.
SB357,72,1514
(c) No program participant may be required to demonstrate that he or she has
15no disability insurance policy, as defined in s. 632.895 (1) (a).
SB357,72,22
16(4) Beginning by January 1, 2002, the department shall annually by January
171 increase the dollar amounts specified under sub. (3) (a) 2. by a percentage equal to
18the percentage change between the U.S. consumer price index for all urban
19consumers, U.S. city average, for the month of December of the previous year and the
20U.S. consumer price index for all urban consumers, U.S. city average,for the month
21of December of the year before the previous year, as determined by the federal
22department of labor.
SB357,73,2
23(5) A drug manufacturer that sells drugs for prescribed use in this state shall,
24as a condition of inclusion of those drugs in the program under this section, enter
25with the department into a rebate agreement that is modeled on the rebate
1agreement specified under
42 USC 1396r-8. The rebate agreement shall include all
2of the following as requirements:
SB357,73,43
(a) That the manufacturer shall make rebate payments to the department each
4calendar quarter or according to a schedule established by the department.
SB357,73,65
(b) That the amount of the rebate payment shall be determined by the method
6specified in
42 USC 1396r-8 (c).
SB357,73,119
49.95
(1) (intro.) Any person who, with intent to secure public assistance under
10this chapter, whether for himself or herself or for some other person, wilfully makes
11any false representations
may, if is subject to the following penalties:
SB357,73,13
12(a) If the value of the assistance so secured does not exceed $300,
the person
13may be required to forfeit not more than $1,000
; if.
SB357,73,16
14(b) If the value of the assistance exceeds $300 but does not exceed $1,000,
the
15person may be fined not more than $250 or imprisoned for not more than 6 months
16or both
; if.
SB357,73,19
17(c) If the value of the assistance exceeds $1,000 but does not exceed
$2,500, 18$2,000, the person may be fined not more than
$500 $10,000 or imprisoned for not
19more than
7 years and 6 9 months or both
; and if.
SB357,73,22
20(d) If the value of the assistance exceeds
$2,500, be punished as prescribed
21under s. 943.20 (3) (c) $2,000 but does not exceed $5,000, the person is guilty of a
22Class I felony.
SB357, s. 116
23Section
116. 49.95 (1) (e) and (f) of the statutes are created to read:
SB357,73,2524
49.95
(1) (e) If the value of the assistance exceeds $5,000 but does not exceed
25$10,000, the person is guilty of a Class H felony.
SB357,74,2
1(f) If the value of the assistance exceeds $10,000, the person is guilty of a Class
2G felony.
SB357,74,85
51.15
(12) Penalty. Whoever signs a statement under sub. (4), (5) or (10)
6knowing the information contained therein to be false
may be fined not more than
7$5,000 or imprisoned for not more than 7 years and 6 months or both
is guilty of a
8Class H felony.
SB357, s. 118
9Section
118. 51.423 (1) of the statutes is amended to read:
SB357,74,2110
51.423
(1) The department shall fund, within the limits of the department's
11allocation for mental health services under s. 20.435 (3) (o) and (7) (b),
(ba), (bb), (kw)
12and (o) and subject to this section, services for mental illness, developmental
13disability, alcoholism and drug abuse to meet standards of service quality and
14accessibility. The department's primary responsibility is to guarantee that county
15departments established under either s. 51.42 or 51.437 receive a reasonably
16uniform minimum level of funding and its secondary responsibility is to fund
17programs which meet exceptional community needs or provide specialized or
18innovative services. Moneys appropriated under s. 20.435 (7) (b)
, (ba) and (bb) and
19earmarked by the department for mental health services under s. 20.435 (7) (o) shall
20be allocated by the department to county departments under s. 51.42 or 51.437 in the
21manner set forth in this section.
SB357,75,1624
51.423
(2) From the appropriations under s. 20.435 (3) (o) and (7) (b),
(ba), (bb), 25(kw) and (o), the department shall distribute the funding for services provided or
1purchased by county departments under s. 46.23, 51.42 or 51.437 to such county
2departments as provided under s. 46.40. County matching funds are required for the
3distributions under s. 46.40 (2)
, (2g) and (9) (b). Each county's required match for the
4distributions under s. 46.40 (2) and (2g) for a year equals 9.89% of the total of the
5county's distributions under s. 46.40 (2) and (2g) for that year for which matching
6funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985
7stats., to spend for juvenile delinquency-related services from its distribution for
81987. Each county's required match for the distribution under s. 46.40 (9) (b) for a
9year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for
10that year. Matching funds may be from county tax levies, federal and state revenue
11sharing funds or private donations to the counties that meet the requirements
12specified in sub. (5). Private donations may not exceed 25% of the total county match.
13If the county match is less than the amount required to generate the full amount of
14state and federal funds distributed for this period, the decrease in the amount of state
15and federal funds equals the difference between the required and the actual amount
16of county matching funds.
SB357, s. 120
17Section
120. 51.423 (4) of the statutes is amended to read:
SB357,75,2018
51.423
(4) The department shall prorate the amount allocated to any county
19department under sub. (2) to reflect actual federal funds available
and the amount
20from the appropriation under s. 20.435 (7) (bb) available.
SB357, s. 121
21Section
121. 51.423 (9) of the statutes is amended to read:
SB357,75,2522
51.423
(9) If the funds appropriated under s. 20.435 (7) (b)
, (ba) and (bb) for any
23fiscal year are insufficient to provide county departments with the sums calculated
24under subs. (1) to (7), the appropriation shall be allocated among county departments
25in proportion to the sums they would receive under subs. (1) to (7).
SB357,76,63
55.06
(11) (am) Whoever signs a statement under par. (a) knowing the
4information contained therein to be false
may be fined not more than $5,000 or
5imprisoned for not more than 7 years and 6 months or both is guilty of a Class H
6felony.
SB357, s. 123
7Section
123. 59.25 (3) (rm) of the statutes is created to read:
SB357,76,138
59.25
(3) (rm) If the treasurer's county receives national forest income,
9distribute the income to the towns in the county in which national forest lands are
10situated, with each town to receive such proportion of the income as the area of
11national forest lands in the town bears to the area of the national forest lands in the
12entire county. Fifty percent of the amount received by any town shall be expended
13by the town exclusively for the benefit of roads therein.
SB357, s. 124
14Section
124. 60.23 (24) of the statutes is amended to read:
SB357,76,1815
60.23
(24) Cable television. Enact and enforce an ordinance, and provide
16forfeitures for a violation of that ordinance, that is similar to s.
100.209 134.42, or
17that gives a cable service subscriber greater rights than the rights under s.
100.209
18134.42 (2).
SB357, s. 125
19Section
125. 60.23 (25) of the statutes is amended to read:
SB357,76,2320
60.23
(25) Self-insured health plans. Provide health care benefits to its
21officers and employes on a self-insured basis if the self-insured plan complies with
22ss. 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85,
23632.853, 632.855, 632.87 (4) and (5), 632.895 (9) and (11) to
(13) (14) and 632.896.
SB357,77,6
166.184 Self-insured health plans. If a city, including a 1st class city, or a
2village provides health care benefits under its home rule power, or if a town provides
3health care benefits, to its officers and employes on a self-insured basis, the
4self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
5632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5),
6632.895 (9) to
(13) (14), 632.896 and 767.25 (4m) (d).
SB357,77,139
66.4025
(1) (b) Any person who secures or assists in securing dwelling
10accommodations under s. 66.402 by intentionally making false representations in
11order to receive at least $2,500 but not more than $25,000 in financial assistance for
12which the person would not otherwise be entitled
shall be fined not more than
13$10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.
SB357,77,2016
66.4025
(1) (c) Any person who secures or assists in securing dwelling
17accommodations under s. 66.402 by intentionally making false representations in
18order to receive more than $25,000 in financial assistance for which the person would
19not otherwise be entitled
shall be fined not more than $10,000 or imprisoned for not
20more than 7 years and 6 months or both is guilty of a Class H felony.
SB357,77,2523
69.24
(1) (intro.) Any person who does any of the following
shall be fined not
24more than $10,000 or imprisoned for not more than 3 years or both
is guilty of a Class
25I felony:
SB357,78,63
70.47
(18) (a) Whoever with intent to injure or defraud alters, damages,
4removes or conceals any of the items specified under subs. (8) (f) and (17)
may be fined
5not more than $1,000 or imprisoned for not more than 3 years or both is guilty of a
6Class I felony.
SB357,78,149
71.07
(9) (b) 4. For taxable years beginning after December 31, 1998
and before
10January 1, 2000, subject to the limitations under this subsection a claimant may
11claim as a credit against, but not to exceed the amount of, taxes under s. 71.02, 8.4%
12of the first $0 of property taxes or rent constituting property taxes, or 8.4% of the first
13$0 of property taxes or rent constituting property taxes of a married person filing
14separately.
SB357,79,217
71.83
(2) (b)
Felony. 1. `False income tax return; fraud.' Any person, other than
18a corporation or limited liability company, who renders a false or fraudulent income
19tax return with intent to defeat or evade any assessment required by this chapter
20shall be is guilty of a
Class H felony and may be
fined not more than $10,000 or
21imprisoned for not more than 7 years and 6 months or both, together with assessed 22the cost of prosecution. In this subdivision, "return" includes a separate return filed
23by a spouse with respect to a taxable year for which a joint return is filed under s.
2471.03 (2) (g) to (L) after the filing of that separate return, and a joint return filed by
1the spouses with respect to a taxable year for which a separate return is filed under
2s. 71.03 (2) (m) after the filing of that joint return.
SB357,79,93
2. `Officer of a corporation; false franchise or income tax return.' Any officer
4of a corporation or manager of a limited liability company required by law to make,
5render, sign or verify any franchise or income tax return, who makes any false or
6fraudulent franchise or income tax return, with intent to defeat or evade any
7assessment required by this chapter
shall be is guilty of a
Class H felony and may
8be
fined not more than $10,000 or imprisoned for not more than 7 years and 6 months
9or both, together with assessed the cost of prosecution.
SB357,79,1510
3. `Evasion.' Any person who removes, deposits or conceals or aids in removing,
11depositing or concealing any property upon which a levy is authorized with intent
12to evade or defeat the assessment or collection of any tax administered by the
13department
is guilty of a Class I felony and may be
fined not more than $5,000 or
14imprisoned for not more than 4 years and 6 months or both, together with assessed 15the
costs cost of prosecution.
SB357,79,2316
4. `Fraudulent claim for credit.'
The A claimant who
filed files a claim for credit
17under s. 71.07, 71.28 or 71.47 or subch. VIII or IX that is false or excessive and
was 18filed with fraudulent intent and any person who
assisted
, with fraudulent intent,
19assists in the preparation or filing of the false or excessive claim or supplied
20information upon which the false or excessive claim was prepared
, with fraudulent
21intent, is guilty of a Class H felony and may be
fined not more than $10,000 or
22imprisoned for not more than 7 years and 6 months or both, together with assessed 23the cost of prosecution.