SB245,19,2423 2. Except as provided in subd. 3., if the value of the food stamp program benefits
24exceeds $100, but is less than $5,000, a Class I felony.
SB245,20,2
13. If the value of the food stamp program benefits exceeds $100, but is less than
2$5,000, and the person has a prior conviction under this section, a Class H felony.
SB245,20,43 4. If the value of the food stamp program benefits is $5,000 or more, a Class G
4felony.
SB245,56 5Section 56. 946.93 of the statutes is created to read:
SB245,20,7 6946.93 Public assistance fraud. (1) In this section, "public assistance"
7means any aid, benefit, or services provided under ch. 49.
SB245,20,10 8(2) Whoever intentionally makes or causes to be made any false statement or
9representation of material fact in any application for or receipt of public assistance
10is guilty of a Class A misdemeanor.
SB245,20,11 11(3) No person may do any of the following:
SB245,20,1512 (a) Having knowledge of an event affecting the initial or continued eligibility
13for public assistance, conceal or fail to disclose that event with an intent to
14fraudulently secure public assistance, including payment either in a greater amount
15or quantity than is due or when no such benefit or payment is authorized.
SB245,20,1816 (b) Receive any income or assets and fail to notify the public assistance agency
17within 10 days after receiving the income or assets, unless a different time period is
18required under the applicable public assistance program.
SB245,20,2219 (c) Fail to notify the public assistance agency within 10 days of any change in
20circumstances for which notification by the recipient must be provided under law,
21unless a different time period is required under the applicable public assistance
22program.
SB245,20,2523 (d) Receive a voucher under a public assistance program for goods or services
24and use the funding granted under the voucher for purposes that are not authorized
25by the public assistance agency.
SB245,21,1
1(e) Whoever violates par. (a), (b), (c), or (d) is subject to the following penalties:
SB245,21,32 1. If the value of the payment or benefit does not exceed $300, a Class B
3forfeiture.
SB245,21,54 2. If the value of the payment or benefit is more than $300 but does not exceed
5$1,000, a Class B misdemeanor.
SB245,21,76 3. If the value of the payment or benefit is more than $1,000 but does not exceed
7$2,000, a Class A misdemeanor.
SB245,21,98 4. If the value of the payment or benefit is more than $2,000 but does not exceed
9$5,000, a Class I felony.
SB245,21,1110 5. If the value of the payment or benefit is more than $5,000 but does not exceed
11$10,000, a Class H felony.
SB245,21,1212 6. If the value of the payment or benefit is more than $10,000, a Class G felony.
SB245,21,17 13(4) A person who obtains money, goods, services, or any other thing of value
14because he or she sends or brings a person to a county department, federally
15recognized American Indian tribe or band, multicounty consortium, or Wisconsin
16Works agency for the purpose of obtaining public assistance is guilty of a Class C
17misdemeanor.
SB245,22,2 18(5) (a) Whoever solicits or receives money, goods, services, or any other thing
19of value in return for referring an individual to a person for the furnishing or
20arranging for the furnishing of any item or service for which a public assistance
21payment may be made in whole or in part, or in return for purchasing, leasing,
22ordering, or arranging for or recommending purchasing, leasing, or ordering any
23good, facility, service, or item for which public assistance payment may be made in
24whole or in part, is guilty of a Class H felony, except that, notwithstanding the

1maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than
2$25,000.
SB245,22,103 (b) Whoever offers or provides money, goods, services, or any other thing of
4value to any person to induce the person to refer an individual to a person for the
5furnishing or arranging for the furnishing of any item or service for which public
6assistance payment may be made in whole or in part, or to purchase, lease, order, or
7arrange for or recommend purchasing, leasing, or ordering any good, facility, service,
8or item for which public assistance payment may be made in whole or in part, is guilty
9of a Class H felony, except that, notwithstanding the maximum fine specified in s.
10939.50 (3) (h), the person may be fined not more than $25,000.
SB245,22,1111 (c) This subsection does not apply to any of the following:
SB245,22,1512 1. A discount or other reduction in price obtained by a provider of services or
13other entity under chs. 46 to 51 and 58 if the reduction in price is properly disclosed
14and appropriately reflected in the costs claimed or charges made by the provider or
15entity under a public assistance program.
SB245,22,1816 2. An amount paid by an employer to an employee who has a bona fide
17employment relationship with the employer for employment in the provision of
18covered items or services.
SB245,22,23 19(6)   Whoever makes any statement in a written application for public
20assistance is considered to have made an admission as to the existence, correctness,
21or validity of any fact stated. Such a statement is prima facie evidence against the
22person who made it in any complaint, information, or indictment, or in any action
23brought for enforcement of any provision of this section or ch. 49.
SB245,57 24Section 57. Nonstatutory provisions.
SB245,22,2525 (1) Public assistance applications; rules.
SB245,23,8
1(a) The department of children and families shall present the statement of
2scope of the rules required under section 49.835 (3) of the statutes, as created by this
3act, to the governor for the approval under section 227.135 (2) of the statutes no later
4than the 30th day after the effective date of this paragraph. The department of
5children and families shall submit in proposed form the rules required under section
649.835 (3) of the statutes, as created by this act, to the legislative council staff under
7section 227.15 (1) of the statutes no later than the first day of the 18th month
8beginning after the governor approves the statement of scope for the rules.
SB245,23,169 (b) The department of health services shall present the statement of scope of
10the rules required under section 49.835 (3) of the statutes, as created by this act, to
11the governor for the approval under section 227.135 (2) of the statutes no later than
12the 30th day after the effective date of this paragraph. The department of health
13services shall submit in proposed form the rules required under section 49.835 (3) of
14the statutes, as created by this act, to the legislative council staff under section
15227.15 (1) of the statutes no later than the first day of the 18th month beginning after
16the governor approves the statement of scope for the rules.
SB245,58 17Section 58. Initial applicability.
SB245,23,2118 (1) Public assistance applications. The treatment of section 49.835 of the
19statutes first applies to applications for aid or benefits under chapter 49 of the
20statutes that are received by the department of health services or the department of
21children and families on the effective date of this subsection.
SB245,23,2322 (2) Public assistance fraud. The treatment of section 946.93 of the statutes
23first applies to acts and omissions that occur on the effective date of this subsection.
SB245,23,2424 (End)
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