SB137: Bill Text

SB137, s. 78 Section 78. 102.835 (18) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,29,25 102.835 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employe by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever wilfully violates this subsection may be fined not more than $1,000 or imprisoned for not more than one year or both.

SB137, s. 79 Section 79. 102.85 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,30,5 102.85 (3) An employer who violates an order to cease operations under s. 102.28 (4) may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

SB137, s. 80 Section 80. 106.215 (8g) (b) of the statutes is amended to read:

SB137,30,12 106.215 (8g) (b) If the department of corrections is a sponsor of a project that is approved under this subsection, the corps members on the project shall be prisoners in state prison, probationers, or parolees or persons on extended supervision and the members of the project shall receive applicable alcohol or other drug abuse treatment and educational programming services for a portion of each work week, but not to exceed 8 hours per work week.

SB137, s. 81 Section 81. 108.225 (11) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,30,19 108.225 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 3 years or both, and shall be liable to the state for the costs of prosecution.

SB137, s. 82 Section 82. 108.225 (18) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,31,2 108.225 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employe by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever wilfully violates this subsection may be fined not more than $1,000 or imprisoned for not more than one year or both.

SB137, s. 83 Section 83. 111.32 (3) of the statutes is amended to read:

SB137,31,8 111.32 (3) "Conviction record" includes, but is not limited to, information indicating that an individual has been convicted of any felony, misdemeanor or other offense, has been adjudicated delinquent, has been less than honorably discharged, or has been placed on probation, fined, imprisoned, placed on extended supervision or paroled pursuant to any law enforcement or military authority.

SB137, s. 84 Section 84. 114.20 (18) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,31,15 114.20 (18) (c) Any person who knowingly makes a false statement in any application or in any other document required to be filed with the department, foregoes the submission of any application, document, or any registration certificate or transfer shall be fined not more than $5,000 or imprisoned for not more than 5 years or both.

SB137, s. 85 Section 85. 125.075 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,31,19 125.075 (2) Whoever violates sub. (1) may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

SB137, s. 86 Section 86. 125.085 (3) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,31,24 125.085 (3) (a) 2. Any person who violates subd. 1. for money or other consideration may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

SB137, s. 87 Section 87. 125.105 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,32,5 125.105 (2) (b) Whoever violates sub. (1) to commit, or abet the commission of, a crime may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

SB137, s. 88 Section 88. 125.66 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,32,12 125.66 (3) Any person manufacturing or rectifying intoxicating liquor without holding appropriate permits under this chapter, or any person who sells such liquor, shall be fined not more than $10,000 or imprisoned for not more than 10 years or both. Second or subsequent convictions shall be punished by both the fine and imprisonment.

SB137, s. 89 Section 89. 125.68 (12) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,32,17 125.68 (12) (b) Whoever violates par. (a) shall be fined not less than $1,000 nor more than $5,000 or imprisoned for not less than one year nor more than 10 years or both.

SB137, s. 90 Section 90. 125.68 (12) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,32,23 125.68 (12) (c) Any person causing the death of another human being through the selling or otherwise disposing of, for beverage purposes, either denatured alcohol or alcohol or alcoholic liquid redistilled from denatured alcohol, shall be imprisoned for not more than 10 years.

SB137, s. 91 Section 91. 132.13 (1) (a) of the statutes is amended to read:

SB137,33,18 132.13 (1) (a) All goods, wares, and merchandise made wholly or in part by convict labor in any penitentiary, prison, reformatory or other establishment in which convict labor is employed except convicts or prisoners on parole , extended supervision or probation, shall before being exposed for sale be branded, labeled, marked or tagged as herein provided and shall not be exposed for sale or sold in this state without such brand, label, mark or tag. Such brand, label, mark or tag shall contain at the head or top thereof the words "convict-made" followed by the name of the penitentiary, prison, or other establishment in which it was made in plain English lettering of the style and size known as eighteen point Cheltenham bold type capitals. The brand or mark shall in all cases where the nature of the articles will permit be placed on each individual article or part of such article that is sold, and only where such branding or marking is impossible shall a label or tag be used and where a label is used it shall be securely pasted onto each such article and when a tag is used it shall be a paper tag securely fastened to such article or part of article sold. In addition to the marking of each article or part of article sold a similar brand, mark, label or tag shall be placed upon the outside or upon its box, crate, or other covering. All brands, labels, marks, and tags shall be placed on a conspicuous part of such article or part of article and its container.

SB137, s. 92 Section 92. 132.20 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,33,25 132.20 (2) Any person who, with intent to deceive, traffics or attempts to traffic in this state in a counterfeit mark or in any goods or service bearing or provided under a counterfeit mark shall, if the person is an individual, be fined not more than $250,000 or imprisoned for not more than 5 years or both, or, if the person is not an individual, be fined not more than $1,000,000.

SB137, s. 93 Section 93. 133.03 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,34,8 133.03 (1) Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce is illegal. Every person who makes any contract or engages in any combination or conspiracy in restraint of trade or commerce may be fined not more than $100,000 if a corporation, or, if any other person, may be fined not more than $50,000 or imprisoned for not more than 5 years or both.

SB137, s. 94 Section 94. 133.03 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,34,15 133.03 (2) Every person who monopolizes, or attempts to monopolize, or combines or conspires with any other person or persons to monopolize any part of trade or commerce may be fined not more than $100,000 if a corporation, or, if any other person, may be fined not more than $50,000 or imprisoned for not more than 5 years or both.

SB137, s. 95 Section 95. 134.05 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,34,20 134.05 (4) Whoever violates sub. (1), (2) or (3) shall be punished by a fine of not less than $10 nor more than $500 or by such fine and by imprisonment for not more than one year.

SB137, s. 96 Section 96. 134.16 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,35,9 134.16 Fraudulently receiving deposits. Any officer, director, stockholder, cashier, teller, manager, messenger, clerk or agent of any bank, banking, exchange, brokerage or deposit company, corporation or institution, or of any person, company or corporation engaged in whole or in part in banking, brokerage, exchange or deposit business in any way, or any person engaged in such business in whole or in part who shall accept or receive, on deposit, or for safekeeping, or to loan, from any person any money, or any bills, notes or other paper circulating as money, or any notes, drafts, bills of exchange, bank checks or other commercial paper for safekeeping or for collection, when he or she knows or has good reason to know that such bank, company or corporation or that such person is unsafe or insolvent shall be imprisoned in the Wisconsin state prisons for not less than one year nor more than 10 years or fined not more than $10,000.

SB137, s. 97 Section 97. 134.20 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,35,13 134.20 (1) (intro.)  Whoever, with intent to defraud, does any of the following shall be fined not more than $5,000 or imprisoned for not more than 5 years or both:

SB137, s. 98 Section 98. 134.205 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,35,18 134.205 (4) Whoever, with intent to defraud, issues a warehouse receipt without entering the same in a register as required by this section shall be fined not more than $5,000 or imprisoned for not more than 5 years or both.

SB137, s. 99 Section 99. 134.58 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,36,2 134.58 Use of unauthorized persons as officers. Any person who, individually, in concert with another or as agent or officer of any firm, joint-stock company or corporation, uses, employs, aids or assists in employing any body of armed persons to act as militia, police or peace officers for the protection of persons or property or for the suppression of strikes, not being authorized by the laws of this state to so act, shall be fined not more than $1,000 or imprisoned for not less than one year nor more than 3 years or both.

SB137, s. 100 Section 100. 139.44 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,36,11 139.44 (1) Any person who falsely or fraudulently makes, alters or counterfeits any stamp or procures or causes the same to be done, or who knowingly utters, publishes, passes or tenders as true any false, altered or counterfeit stamp, or who affixes the same to any package or container of cigarettes, or who possesses with the intent to sell any cigarettes in containers to which false, altered or counterfeit stamps have been affixed shall be imprisoned for not less than one year nor more than 10 years.

SB137, s. 101 Section 101. 139.44 (1m) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,36,16 139.44 (1m) Any person who falsely or fraudulently tampers with a cigarette meter in order to evade the tax under s. 139.31 shall be imprisoned for not less than one year nor more than 10 years.

SB137, s. 102 Section 102. 139.44 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,36,22 139.44 (2) Any person who makes or signs any false or fraudulent report or who attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the evasion or attempted evasion of that tax shall be fined not less than $1,000 nor more than $5,000 or imprisoned not less than 90 days nor more than one year or both.

SB137, s. 103 Section 103. 139.44 (8) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,37,2 139.44 (8) (c) If the number of cigarettes exceeds 36,000, a fine of not more than $10,000 or imprisonment for not more than 2 years or both.

SB137, s. 104 Section 104. 139.95 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,37,8 139.95 (2) A dealer who possesses a schedule I controlled substance or schedule II controlled substance that does not bear evidence that the tax under s. 139.88 has been paid may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

SB137, s. 105 Section 105. 139.95 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,37,18 139.95 (3) Any person who falsely or fraudulently makes, alters or counterfeits any stamp or procures or causes the same to be done or who knowingly utters, publishes, passes or tenders as true any false, altered or counterfeit stamp or who affixes a counterfeit stamp to a schedule I controlled substance or schedule II controlled substance or who possesses a schedule I controlled substance or schedule II controlled substance to which a false, altered or counterfeit stamp is affixed may be fined not more than $10,000 or imprisoned for not less than one year nor more than 10 years or both.

SB137, s. 106 Section 106. 146.345 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,37,22 146.345 (3) Any person who violates this section may be fined not more than $50,000 or imprisoned for not more than 5 years or both.

SB137, s. 107 Section 107. 146.35 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,38,2 146.35 (5) Whoever violates sub. (2) may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

SB137, s. 108 Section 108. 146.60 (9) (am) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,38,7 146.60 (9) (am) For a 2nd or subsequent violation under par. (ag), a person shall be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than one year or both.

SB137, s. 109 Section 109. 146.70 (10) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,38,15 146.70 (10) (a) Any person who intentionally dials the telephone number "911" to report an emergency, knowing that the fact situation that he or she reports does not exist, shall be fined not less than $50 nor more than $300 or imprisoned not more than 90 days or both for the first offense and shall be fined not more than $10,000 or imprisoned for not more than 5 years or both for any other offense committed within 4 years after the first offense.

SB137, s. 110 Section 110. 154.15 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,38,23 154.15 (2) Any person who, with the intent to cause a withholding or withdrawal of life-sustaining procedures or feeding tubes contrary to the wishes of the declarant, illegally falsifies or forges the declaration of another or conceals a declaration revoked under s. 154.05 (1) (a) or (b) or any person who intentionally withholds actual knowledge of a revocation under s. 154.05 shall be fined not more than $10,000 or imprisoned for not more than 10 years or both.

SB137, s. 111 Section 111. 154.29 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,39,6 154.29 (2) Any person who, with the intent to cause the withholding or withdrawal of resuscitation contrary to the wishes of any patient, falsifies, forges or transfers a do-not-resuscitate bracelet to that patient or conceals the revocation under s. 154.21 of a do-not-resuscitate order or any responsible person who withholds personal knowledge of a revocation under s. 154.21 shall be fined not more than $10,000 or imprisoned for not more than 10 years or both.

SB137, s. 112 Section 112. 165.76 (1) (a) of the statutes is amended to read:

SB137,39,12 165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) or on probation, extended supervision, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

SB137, s. 113 Section 113. 165.76 (1) (e) of the statutes is amended to read:

SB137,39,18 165.76 (1) (e) Is on parole, extended supervision or probation in this state from another state under s. 304.13 or 304.135 on or after July 9, 1996, for a violation of the law of another state that the department of corrections determines, under s. 304.137, is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

SB137, s. 114 Section 114. 165.76 (2) (b) 1. of the statutes is amended to read:

SB137,39,24 165.76 (2) (b) 1. If the person has been placed on probation or supervision, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon after the placement as practicable, as directed by his or her probation , extended supervision and parole agent or, if a child, the agency providing supervision for the child.

SB137, s. 115 Section 115. 165.76 (2) (b) 2. of the statutes is amended to read:

SB137,40,8 165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, extended supervision or aftercare supervision, as directed by his or her probation, extended supervision and parole agent or aftercare agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison or in a secured correctional facility or a secured child caring institution.

SB137, s. 116 Section 116. 165.76 (2) (b) 3m. of the statutes is amended to read:

SB137,40,14 165.76 (2) (b) 3m. If the person is on parole, extended supervision or probation in this state from another state under s. 304.13 or 304.135, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after entering this state, as directed by his or her probation, extended supervision and parole agent.

SB137, s. 117 Section 117. 165.76 (2) (b) 5. of the statutes is amended to read:

SB137,40,21 165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject to sub. (1) and who are in prison, a secured correctional facility or a secured child caring institution or on probation, extended supervision, parole, supervision or aftercare supervision on August 12, 1993, the departments of justice, corrections and health and family services shall cooperate to have these persons provide specimens under par. (a) before July 1, 1998.

SB137, s. 118 Section 118. 165.76 (2) (b) 6. of the statutes is amended to read:

SB137,41,2 165.76 (2) (b) 6. Notwithstanding subd. 3m., for a person who is subject to sub. (1) (e) and who is on parole, extended supervision or probation in this state from another state on July 9, 1996, the department of justice and the department of corrections shall cooperate to have these persons provide specimens under par. (a) before July 1, 2000.

SB137, s. 119 Section 119. 165.84 (5) of the statutes is amended to read:

SB137,41,10 165.84 (5) All persons in charge of law enforcement and tribal law enforcement agencies, all clerks of court, all municipal judges where they have no clerks, all persons in charge of state and county penal and correctional institutions, and all persons in charge of state and county probation, extended supervision and parole offices, shall supply the department with the information described in s. 165.83 (2) (f) on the basis of the forms and instructions to be supplied by the department under s. 165.83 (2) (g).

SB137, s. 120 Section 120. 166.20 (11) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,41,14 166.20 (11) (b) 1. For the first offense, be fined not less than $100 nor more than $25,000 or imprisoned for not more than 2 years or both.

SB137, s. 121 Section 121. 166.20 (11) (b) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,41,18 166.20 (11) (b) 2. For the 2nd and subsequent offenses, be fined not less than $200 nor more than $50,000 or imprisoned for not more than 2 years or both.

SB137, s. 122 Section 122. 167.10 (9) (g) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read: