LRB-0656/1
FFK:jld
2017 - 2018 LEGISLATURE
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 3Section 1. 118.60 (10m) of the statutes is created to read:
AB493,2,84 118.60 (10m) The department of justice or the district attorney may institute,
5manage, control, and direct, in the proper county, any prosecution for violation of

1criminal laws affecting a parental choice program under this section, including laws
2relating to parental choice programs under ch. 946 and laws affecting the health,
3safety, and welfare of pupils attending private schools under parental choice
4programs. For this purpose the department of justice shall have and exercise all
5powers conferred upon district attorneys in such cases. The department of justice
6or district attorney shall notify the department of public instruction of any such
7prosecution of a person holding a license granted by the department of public
8instruction.
AB493,2 9Section 2. 119.23 (10m) of the statutes is created to read:
AB493,2,1910 119.23 (10m) The department of justice or the district attorney may institute,
11manage, control, and direct, in the proper county, any prosecution for violation of
12criminal laws affecting a parental choice program under this section, including laws
13relating to parental choice programs under ch. 946 and laws affecting the health,
14safety, and welfare of pupils attending private schools under parental choice
15programs. For this purpose the department of justice shall have and exercise all
16powers conferred upon district attorneys in such cases. The department of justice
17or district attorney shall notify the department of public instruction of any such
18prosecution of a person holding a license granted by the department of public
19instruction.
AB493,3 20Section 3. 946.94 of the statutes is created to read:
AB493,2,22 21946.94 Parental choice program fraud. (1) In this section, “parental choice
22program" means a parental choice program under s. 118.60 or 119.23.
AB493,2,25 23(2) Whoever intentionally makes or causes to be made any false statement or
24representation of material fact in any application to participate in a parental choice
25program is guilty of a Class A misdemeanor.
AB493,3,1
1(3) No person may do any of the following:
AB493,3,42 (a) Having knowledge of an event affecting the person's eligibility to participate
3in a parental choice program, conceal or fail to disclose that event with an intent to
4fraudulently participate in a parental choice program.
AB493,3,65 (b) Receive a payment under a parental choice program and use the funding
6for purposes that are not authorized under the parental choice program.
AB493,3,77 (c) Whoever violates par. (a) or (b) is subject to the following penalties:
AB493,3,98 1. If the value of the payment that is obtained as the result of the violation is
9more than $5,000 but does not exceed $10,000, a Class H felony.
AB493,3,1110 2. If the value of the payment that is obtained as the result of the violation is
11more than $10,000, a Class G felony.
AB493,3,16 12(4) Whoever makes any statement in a written application to participate in a
13parental choice program is considered to have made an admission as to the existence,
14correctness, or validity of any fact stated. Such a statement is prima facie evidence
15against the person who made it in any complaint, information, or indictment, or in
16any action brought for enforcement of any provision of this section.
AB493,4 17Section 4. Initial applicability.
AB493,3,2018 (1) Parental choice program fraud. The treatment of section 946.94 of the
19statutes first applies to acts and omissions that occur on the effective date of this
20subsection.
AB493,3,2121 (End)
Loading...
Loading...