MED:klm
2017 - 2018 LEGISLATURE
December 4, 2017 - Introduced by Representatives Kerkman, R. Brooks,
Horlacher, Neylon, Hutton, Tusler and Jacque, cosponsored by Senators
Kapenga and Craig. Referred to Committee on Public Benefit Reform.
AB710,1,3
1An Act to renumber and amend 108.24 (1); and
to create 108.24 (1) (b) and
2(c) of the statutes;
relating to: criminal penalties for fraud in obtaining
3unemployment insurance benefits and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
Current law establishes penalties for certain violations under the
unemployment insurance (UI) law, including for knowingly making a false
statement or representation to obtain any UI benefit payment, for which the penalty
is a fine of not less than $100 nor more than $500 or imprisonment for not more than
90 days, or both. Current law provides that each such false statement or
representation constitutes a separate offense.
This bill instead provides that a person who knowingly makes a false statement
or representation to obtain any UI benefit payment: 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; 2) if the value of any benefits obtained
exceeds $2,500 but does not exceed $5,000, is guilty of a Class I felony; 3) if the value
of any benefits obtained exceeds $5,000 but does not exceed $10,000, is guilty of a
Class H felony; or 4) if the value of any benefits obtained exceeds $10,000, is guilty
of a Class G felony. The bill provides that multiple violations may be prosecuted as
a single crime.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB710,1
1Section
1. 108.24 (1) of the statutes is renumbered 108.24 (1) (a) and amended
2to read:
AB710,2,93
108.24
(1) (a) Any person who knowingly makes a false statement or
4representation to obtain any benefit payment under this chapter, either for himself
5or herself or for any other person,
shall be fined not less than $100 nor more than
6$500 or imprisoned not more than 90 days, or both; and each such false statement
7or representation constitutes a separate offense. This may be penalized as provided
8in par. (b). Any penalty
imposed under par. (b) is in addition to any penalty imposed
9under s. 108.04 (11) (bh).
AB710,2
10Section
2. 108.24 (1) (b) and (c) of the statutes are created to read:
AB710,2,1111
108.24
(1) (b) Whoever violates par. (a):
AB710,2,1312
1. If the value of any benefits obtained does not exceed $2,500, is subject to a
13fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
AB710,2,1514
2. If the value of any benefits obtained exceeds $2,500 but does not exceed
15$5,000, is guilty of a Class I felony.
AB710,2,1716
3. If the value of any benefits obtained exceeds $5,000 but does not exceed
17$10,000, is guilty of a Class H felony.
AB710,2,1918
4. If the value of any benefits obtained exceeds $10,000, is guilty of a Class G
19felony.
AB710,2,2120
(c) In any case involving more than one violation of par. (a), all such violations
21may be prosecuted as a single crime.
AB710,3
1Section
3.
Initial applicability.
AB710,3,42
(1)
Unemployment insurance; criminal penalties for benefit fraud. This act
3first applies to a violation of section 108.24 (1) (a) of the statutes committed on the
4effective date of this subsection.
AB710,4
5Section
4.
Effective date.
AB710,3,76
(1)
Unemployment insurance; criminal penalties for benefit fraud. This act
7takes effect on the first Sunday after publication.
