LRBa1532/2
FFK:sac:jf
2013 - 2014 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO SENATE BILL 245
February 20, 2014 - Offered by Representatives Goyke and Genrich.
SB245-AA1,1,11 At the locations indicated, amend the bill as follows:
SB245-AA1,1,2 21. Page 17, line 25: after that line insert:
SB245-AA1,1,3 3" Section 49m. 118.61 of the statutes is created to read:
SB245-AA1,1,13 4118.61 Parental choice programs; jurisdiction of the department of
5justice
. The department of justice or the district attorney may institute, manage,
6control, and direct, in the proper county, any prosecution for violation of criminal
7laws affecting a parental choice program under s. 118.60 or 119.23, including laws
8relating to parental choice programs under chapter 946 and laws affecting the
9health, safety, and welfare of pupils attending private schools under parental choice
10programs. For this purpose the department of justice shall have and exercise all
11powers conferred upon district attorneys in such cases. The department of justice
12or district attorney shall notify the department of any such prosecution of a person
13holding a license granted by the department.".
SB245-AA1,2,1
12. Page 22, line 23: after that line insert:
SB245-AA1,2,2 2" Section 56m. 946.94 of the statutes is created to read:
SB245-AA1,2,4 3946.94 Parental choice program fraud. (1) In this section, "parental choice
4program" means a parental choice program under s. 118.60 or 119.23.
SB245-AA1,2,7 5(2) Whoever intentionally makes or causes to be made any false statement or
6representation of material fact in any application to participate in a parental choice
7program is guilty of a Class A misdemeanor.
SB245-AA1,2,8 8(3) No person may do any of the following:
SB245-AA1,2,119 (a) Having knowledge of an event affecting the person's eligibility to participate
10in a parental choice program, conceal or fail to disclose that event with an intent to
11fraudulently participate in a parental choice program.
SB245-AA1,2,1312 (b) Receive a payment under a parental choice program and use the funding
13for purposes that are not authorized under the parental choice program.
SB245-AA1,2,1414 (c) Whoever violates par. (a) or (b) is subject to the following penalties:
SB245-AA1,2,1615 1. If the value of the payment that is obtained as the result of the violation is
16more than $5,000 but does not exceed $10,000, a Class H felony.
SB245-AA1,2,1817 2. If the value of the payment that is obtained as the result of the violation is
18more than $10,000, a Class G felony.
SB245-AA1,2,23 19(4) Whoever makes any statement in a written application to participate in a
20parental choice program is considered to have made an admission as to the existence,
21correctness, or validity of any fact stated. Such a statement is prima facie evidence
22against the person who made it in any complaint, information, or indictment, or in
23any action brought for enforcement of any provision of this section.".
SB245-AA1,2,24 243. Page 23, line 23: after that line insert:
SB245-AA1,3,3
1"(3) Parental choice program fraud. The treatment of section 946.94 of the
2statutes first applies to acts and omissions that occur on the effective date of this
3subsection.".
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