Amendment ASA1-AB533

LRBs0360/1

MED:cjs&amn

2015 - 2016 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 533

February 16, 2016 - Offered by Representatives Kolste, Billings, Sargent, Goyke, Subeck, Spreitzer, Kessler, Meyers, Wachs, Hesselbein, Barca, Jorgensen, Shankland and Hebl.

AB533-ASA1,1,4 An Act to renumber and amend 108.24 (1); to amend 108.24 (2); and to create 108.24 (1) (b) and (c) and 108.24 (2c) of the statutes; relating to: criminal penalties under the unemployment insurance law and providing a criminal penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB533-ASA1,1 Section 1. 108.24 (1) of the statutes is renumbered 108.24 (1) (a) and amended to read:

AB533-ASA1,2,2 108.24 (1) (a) Any person who knowingly makes a false statement or representation to obtain any benefit payment under this chapter, either for himself or herself or for any other person, shall be fined not less than $100 nor more than $500 or imprisoned not more than 90 days, or both; and each such false statement or representation constitutes a separate offense. This may be penalized as provided in par. (b). Any penalty imposed under par. (b) is in addition to any penalty imposed under s. 108.04 (11) (bh).

AB533-ASA1,2 Section 2. 108.24 (1) (b) and (c) of the statutes are created to read:

AB533-ASA1,2,4 108.24 (1) (b) Whoever violates par. (a):

AB533-ASA1,2,6 1. If the value of any benefits obtained does not exceed $2,500, is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

AB533-ASA1,2,8 2. If the value of any benefits obtained exceeds $2,500 but does not exceed $5,000, is guilty of a Class I felony.

AB533-ASA1,2,10 3. If the value of any benefits obtained exceeds $5,000 but does not exceed $10,000, is guilty of a Class H felony.

AB533-ASA1,2,12 4. If the value of any benefits obtained exceeds $10,000, is guilty of a Class G felony.

AB533-ASA1,2,14 (c) In any case involving more than one violation of par. (a), all such violations may be prosecuted as a single crime.

AB533-ASA1,3 Section 3. 108.24 (2) of the statutes is amended to read:

AB533-ASA1,2,23 108.24 (2) Except as provided in sub. subs. (2c) and (2m) and s. 108.16 (8) (m), any person who knowingly makes a false statement or representation in connection with any report or as to any information duly required by the department under this chapter, or who knowingly refuses or fails to keep any records or to furnish any reports or information duly required by the department under this chapter, shall be fined not less than $100 nor more than $500, or imprisoned not more than 90 days or both; and each. Each such false statement or representation and every day of such refusal or failure constitutes a separate offense.

AB533-ASA1,4 Section 4. 108.24 (2c) of the statutes is created to read:

AB533-ASA1,3,8 108.24 (2c) (a) Any person who knowingly makes a false statement or representation in connection with any report or as to any information duly required by the department under this chapter, or who knowingly refuses or fails to keep any records or to furnish any reports or information duly required by the department under this chapter and who, as a result of that false statement or representation or knowing refusal or failure, avoids liability to the department for contributions, reimbursements, assessments, or other amounts under this chapter, may be penalized as provided in par. (b):

AB533-ASA1,3,9 (b) Whoever violates par. (a):

AB533-ASA1,3,12 1. If the amount for which the person avoided liability to the department does not exceed $2,500, the person is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

AB533-ASA1,3,14 2. If the amount for which the person avoided liability to the department exceeds $2,500 but does not exceed $5,000, is guilty of a Class I felony.

AB533-ASA1,3,16 3. If the amount for which the person avoided liability to the department exceeds $5,000 but does not exceed $10,000, is guilty of a Class H felony.

AB533-ASA1,3,18 4. If the amount for which the person avoided liability to the department exceeds $10,000, is guilty of a Class G felony.

AB533-ASA1,3,20 (c) In any case involving more than one violation of par. (a), all such violations may be prosecuted as a single crime.

AB533-ASA1,5 Section 5. Initial applicability.

AB533-ASA1,3,24 (1) Unemployment insurance; criminal penalties. This act first applies to a violation of section 108.24 (1) (a) or (2c) (a) of the statutes, as affected by this act, committed on the effective date of this subsection.

AB533-ASA1,6 Section 6. Effective date.

AB533-ASA1,4,2 (1) Unemployment insurance; criminal penalties. This act takes effect on the first Sunday after publication.

AB533-ASA1,4,3 (End)