Amendment SA2-AB710

LRBa2252/1

MPG:amn&kjf

2017 - 2018 LEGISLATURE

SENATE AMENDMENT 2, TO ASSEMBLY BILL 710

February 20, 2018 - Offered by Senators Hansen, L. Taylor, Larson, Schachtner, Johnson, Vinehout, Carpenter, Erpenbach, Risser, Ringhand, Miller, Shilling, Bewley and Wirch.

AB710-SA2,1,1 At the locations indicated, amend the bill as follows:

AB710-SA2,1,4 1. Page 1, line 3: delete that line and substitute “unemployment insurance benefits and for providing fraudulent information to the Wisconsin Economic Development Corporation and providing criminal penalties.”.

AB710-SA2,1,5 2. Page 2, line 21: after that line insert:

AB710-SA2,1,6 “ Section 2m. 238.121 of the statutes is created to read:

AB710-SA2,1,8 238.121 Fraud in obtaining economic development benefits. (1) Definitions. In this section:

AB710-SA2,1,11 (a) “Economic development benefits" means a grant, loan, tax credit, or other assistance under an economic development program administered by the corporation.

AB710-SA2,1,13 (b) “Economic development benefits fraud" means any violation under s. 946.795.

AB710-SA2,2,7 (2) Ineligibility for economic development benefits. In addition to any criminal penalty and any remedy under sub. (3) or other requirement under this chapter to repay economic development benefits, if a person or the person's authorized agent on behalf of that person commits economic development benefits fraud, the person, including all affiliates and successors, shall be ineligible for economic development benefits for 7 years from the date on which the act of economic development benefits fraud was committed.

AB710-SA2,2,12 (3) Right of action. The corporation may bring a civil action to recover damages, including money damages for fraudulently obtained economic development benefits, together with costs and disbursements, including reasonable attorney fees, and such other equitable relief as may be determined by the court, for a violation of s. 946.795.

AB710-SA2,2r Section 2r. 946.795 of the statutes is created to read:

AB710-SA2,2,16 946.795 Fraud against the Wisconsin Economic Development Corporation. (1) In this section, “ benefit" means an economic development benefit, as defined in s. 238.121 (1) (a).

AB710-SA2,2,17 (2) No person may do any of the following:

AB710-SA2,2,20 (a) Intentionally make or cause to be made any statement or representation of a material fact that he or she knows is false in any application for a benefit from the Wisconsin Economic Development Corporation.

AB710-SA2,2,23 (b) Intentionally make or cause to be made any statement or representation of a material fact that he or she knows is false for use in determining eligibility for a benefit from the Wisconsin Economic Development Corporation.

AB710-SA2,3,3 (c) Having knowledge of the occurrence of any event affecting the initial or continued eligibility for a benefit for oneself or for any other person in whose behalf he or she has applied for or is receiving a benefit, conceal or fail to disclose such event with an intent to fraudulently secure a benefit either in a greater amount or quantity than is due or when a benefit is not authorized.

AB710-SA2,3,7 (d) Having applied to receive a benefit from the Wisconsin Economic Development Corporation for a specific use or purpose and having received it, knowingly and willfully convert any part of the benefit to a use or purpose other than that specified by the Wisconsin Economic Development Corporation.

AB710-SA2,3,8 (3) Whoever violates sub. (2):

AB710-SA2,3,10 (a) If the value of all benefits obtained does not exceed $2,500, is guilty of a Class A misdemeanor.

AB710-SA2,3,12 (b) If the value of all benefits obtained exceeds $2,500 but does not exceed $5,000, is guilty of a Class I felony.

AB710-SA2,3,14 (c) If the value of all benefits obtained exceeds $5,000 but does not exceed $10,000, is guilty of a Class H felony.

AB710-SA2,3,16 (d) If the value of all benefits obtained exceeds $10,000, is guilty of a Class G felony.

AB710-SA2,3,21 (4) A person is not guilty of violating sub. (2) (a), (b), or (c) if his or her predictive statements regarding future financial performance, employment levels, or other performance indicators are not realized in fact. This subsection does not apply to a person who makes a statement regarding future financial performance, employment levels, or another performance indicator that he or she knows is false.”.

AB710-SA2,3,22 (End)