SB357,92,119
(e)
Subject to par. (em), the The department
of agriculture, trade and consumer
10protection, in consultation with the department of justice, shall promulgate rules
11under this section.
SB357, s. 162
12Section
162. 100.207 (6) (em) of the statutes is repealed.
SB357, s. 163
13Section
163. 100.209 of the statutes is renumbered 134.42, and 134.42 (3) and
14(4) (b), as renumbered, are amended to read:
SB357,92,2015
134.42
(3) Rules and local ordinances allowed. This section does not prohibit
16the department
of agriculture, trade and consumer protection from promulgating a
17rule or from issuing an order consistent with its authority under
this chapter ch. 100 18that gives a subscriber greater rights than the rights under sub. (2) or prohibit a city,
19village or town from enacting an ordinance that gives a subscriber greater rights
20than the rights under sub. (2).
SB357,92,22
21(4) (b) The
department attorney general and the district attorneys of this state
22have concurrent authority to institute civil proceedings under this section.
SB357, s. 164
23Section
164. 100.2095 (6) (b) of the statutes is amended to read:
SB357,93,324
100.2095
(6) (b) The department
of justice may commence an action in the
25name of the state to restrain by temporary or permanent injunction a violation of sub.
1(3), (4) or (5). Before entry of final judgment, the court may make any necessary
2orders to restore to any person any pecuniary loss suffered by the person because of
3the violation.
SB357, s. 165
4Section
165. 100.2095 (6) (c) of the statutes is amended to read:
SB357,93,75
100.2095
(6) (c) The department
of justice or any district attorney may
6commence an action in the name of the state to recover a forfeiture to the state of not
7less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).
SB357, s. 166
8Section
166. 100.2095 (6) (d) of the statutes is amended to read:
SB357,93,119
100.2095
(6) (d) A person who violates sub. (3), (4) or (5) may be fined not
less
10than $100 nor more than
$1,000 $10,000 or imprisoned for not more than
one year 119 months or both. Each day of violation constitutes a separate offense.
SB357, s. 167
12Section
167. 100.21 (3) (a) of the statutes is amended to read:
SB357,93,1813
100.21
(3) (a) Any person making an energy savings or safety claim shall, upon
14written request by the department, submit information upon which the person relied
15to substantiate the claim.
The department of justice may request the department of
16agriculture, trade and consumer protection to issue a written request under this
17paragraph for information to substantiate an energy savings or safety claim. Failure
18to submit information requested under this subsection is a violation of sub. (2) (a).
SB357, s. 168
19Section
168. 100.26 (1) of the statutes is amended to read:
SB357,93,2320
100.26
(1) Any person who violates any provision of this chapter, except s.
21100.18
, or 100.20
, 100.206 or 100.51, for which no specific penalty is prescribed shall
22be fined not to exceed $200, or imprisoned in the county jail not more than 6 months
23or both.
SB357,94,3
1100.26
(2) Any person violating s. 100.02
shall be fined not less than $50 nor
2more than $3,000 or imprisoned for not less than 30 days nor more than 4 years and
36 months or both is guilty of a Class I felony.
SB357,94,96
100.26
(5) Any person violating s. 100.06 or any order or regulation of the
7department thereunder, or s. 100.18 (9),
shall may be fined not
less than $100 nor 8more than
$1,000 $10,000 or imprisoned for not more than
2 years 9 months or both.
9Each day of violation constitutes a separate offense.
SB357, s. 171
10Section
171. 100.26 (6) of the statutes is amended to read:
SB357,94,1811
100.26
(6) The department
, the department of justice
, after consulting with the
12department, or any district attorney may commence an action in the name of the
13state to recover a civil forfeiture to the state of not less than $100 nor more than
14$10,000 for each violation of an injunction issued under s. 100.18, 100.182 or 100.20
15(6)
. The department of agriculture, trade and consumer protection or any district
16attorney may commence an action in the name of the state to recover a civil forfeiture
17to the state of not less than $100 nor more than $10,000 for each violation of or an
18order issued under s. 100.20.
SB357,94,2521
100.26
(7) Any person violating s. 100.182
shall may be fined not
less than $500
22nor more than
$5,000 $10,000 or imprisoned for not more than
2 years 9 months or
23both for each offense. Each unlawful advertisement published, printed or mailed on
24separate days or in separate publications, hand bills or direct mailings is a separate
25violation of this section.
SB357, s. 173
1Section
173. 100.264 (2) (intro.) of the statutes is amended to read:
SB357,95,92
100.264
(2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is
3imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183,
4100.20,
100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44 or 100.46 or a rule
5promulgated under one of those sections, the person shall be subject to a
6supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the
7defendant, for which the violation was imposed, was perpetrated against an elderly
8person or disabled person and if the court finds that any of the following factors is
9present:
SB357, s. 174
10Section
174. 100.264 (3) of the statutes is amended to read:
SB357,95,1511
100.264
(3) Priority for restitution. If the court orders restitution under s.
12100.18 (11) (d), 100.182 (5) (a), 100.20 (6)
, 100.205 (7), 100.207 (6) (b) 1. or 100.44 (5)
13for a pecuniary or monetary loss suffered by a person, the court shall require that the
14restitution be paid by the defendant before the defendant pays any forfeiture
15imposed under this section.
SB357, s. 175
16Section
175. 100.28 of the statutes is renumbered 134.78, and 134.78 (4) (b)
17and (c), as renumbered, are amended to read:
SB357,95,2018
134.78
(4) (b) In lieu of or in addition to forfeitures under par. (a), the
19department
of justice may seek an injunction restraining any person from violating
20this section.
SB357,95,2221
(c) The department
of justice, or any district attorney upon the request of the
22department, may commence an action in the name of the state under par. (a) or (b).
SB357, s. 176
23Section
176. 100.50 of the statutes is renumbered 134.79, and 134.79 (6) (b)
24and (c), as renumbered, are amended to read:
SB357,96,3
1134.79
(6) (b) In lieu of or in addition to the remedy under par. (a), the
2department
of justice may seek an injunction restraining any person from violating
3this section.
SB357,96,54
(c) The department
of justice, or any district attorney upon the request of the
5department, may commence an action in the name of the state under par. (a) or (b).
SB357, s. 177
6Section
177. 100.51 of the statutes is renumbered 134.85, and 134.85 (3) (a),
7as renumbered, is amended to read:
SB357,96,118
134.85
(3) (a) The department
of justice on behalf of the state or any person who
9claims injury as a result of a violation of sub. (2) may bring an action for temporary
10or permanent injunctive relief in any circuit court. It is no defense to an action under
11this paragraph that an adequate remedy exists at law.
SB357,96,1714
101.143
(10) (b) Any owner or operator, person owning a home oil tank system
15or service provider who intentionally destroys a document that is relevant to a claim
16for reimbursement under this section
may be fined not more than $10,000 or
17imprisoned for not more than 15 years or both is guilty of a Class G felony.
SB357,96,2320
101.94
(8) (b) Any individual or a director, officer or agent of a corporation who
21knowingly and wilfully violates this subchapter in a manner which threatens the
22health or safety of a purchaser
shall may be fined not more than
$1,000 $10,000 or
23imprisoned for not more than
2 years 9 months or both.
SB357,97,6
1102.835
(11) Evasion. Any person who removes, deposits or conceals or aids in
2removing, depositing or concealing any property upon which a levy is authorized
3under this section with intent to evade or defeat the assessment or collection of any
4debt
may be fined not more than $5,000 or imprisoned for not more than 4 years and
56 months or both, is guilty of a Class I felony and shall be liable to the state for the
6costs of prosecution.
SB357,97,149
102.835
(18) Restriction on employment penalties by reason of levy. No
10employer may discharge or otherwise discriminate with respect to the terms and
11conditions of employment against any employe by reason of the fact that his or her
12earnings have been subject to levy for any one levy or because of compliance with any
13provision of this section. Whoever wilfully violates this subsection may be fined not
14more than
$1,000 $10,000 or imprisoned for not more than
2 years 9 months or both.
SB357,97,1917
102.85
(3) An employer who violates an order to cease operations under s.
18102.28 (4)
may be fined not more than $10,000 or imprisoned for not more than 3
19years or both is guilty of a Class I felony.
SB357,98,222
108.225
(11) Evasion. Any person who removes, deposits or conceals or aids in
23removing, depositing or concealing any property upon which a levy is authorized
24under this section with intent to evade or defeat the assessment or collection of any
25debt
may be fined not more than $5,000 or imprisoned for not more than 4 years and
16 months or both, is guilty of a Class I felony and shall be liable to the state for the
2costs of prosecution.
SB357,98,105
108.225
(18) Restriction on employment penalties by reason of levy. No
6employer may discharge or otherwise discriminate with respect to the terms and
7conditions of employment against any employe by reason of the fact that his or her
8earnings have been subject to levy for any one levy or because of compliance with any
9provision of this section. Whoever wilfully violates this subsection may be fined not
10more than
$1,000 $10,000 or imprisoned for not more than
2 years 9 months or both.
SB357, s. 185
11Section
185. 110.07 (5) (a) of the statutes is amended to read:
SB357,98,1412
110.07
(5) (a) In this subsection, "bulletproof garment"
has the meaning given
13in s. 939.64 (1) means a vest or other garment designed, redesigned or adapted to
14prevent bullets from penetrating through the garment.
SB357, s. 186
15Section
186. 111.91 (2) (n) of the statutes is amended to read:
SB357,98,1716
111.91
(2) (n) The provision to employes of the health insurance coverage
17required under s. 632.895 (11) to
(13) (14).
SB357,98,2420
114.20
(18) (c) Any person who knowingly makes a false statement in any
21application or in any other document required to be filed with the department
, or who
22knowingly foregoes the submission of any application, document, or any registration
23certificate or transfer
shall be fined not more than $5,000 or imprisoned for not more
24than 7 years and 6 months or both is guilty of a Class H felony.
SB357, s. 188
25Section
188. 115.31 (2g) of the statutes is amended to read:
SB357,99,5
1115.31
(2g) Notwithstanding subch. II of ch. 111, the state superintendent shall
2revoke a license granted by the state superintendent, without a hearing, if the
3licensee is convicted of any Class A, B, C
or, D
, E, F, G or H felony under ch. 940 or
4948, except ss. 940.08 and 940.205, for a violation that occurs on or after September
512, 1991.
SB357, s. 189
6Section
189. 118.19 (4) (a) of the statutes is amended to read:
SB357,99,137
118.19
(4) (a) Notwithstanding subch. II of ch. 111, the state superintendent
8may not grant a license to any person who has been convicted of any Class A, B, C
9or, D
, E, F, G or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, or of
10an equivalent crime in another state or country, for a violation that occurs on or after
11September 12, 1991, for 6 years following the date of the conviction, and may grant
12the license only if the person establishes by clear and convincing evidence that he or
13she is entitled to the license.
SB357,99,2116
118.43
(2) (a) The school board of any school district in which a school in the
17previous school year had an enrollment that was at least 50% low-income is eligible
18to participate in the program under this section, except that a school board is eligible
19to participate in the program under this section in the 2000-01 school year
, and in
20each school year thereafter, if in the 1998-99 school year a school in the school district
21had an enrollment that was at least 0% low-income.
SB357, s. 192
24Section
192. 118.43 (2) (bt) of the statutes is created to read:
SB357,100,5
1118.43
(2) (bt) In the 2001-02 school year and in each school year thereafter,
2the school board of an eligible school district may enter into a 5-year achievement
3guarantee contract with the department on behalf of one or more schools in the school
4district if the school board is not receiving a grant under the preschool to grade 5
5program on behalf of any of the schools under s. 115.45.
SB357, s. 194
8Section
194. 118.43 (2) (g) of the statutes is created to read:
SB357,100,169
118.43
(2) (g) The department may renew an achievement guarantee contract
10for one or more terms of 5 school years if the department determines that the contract
11requirements under sub. (3) and the performance objectives under sub. (4) have been
12met and if funding is available. As a condition of receiving payments under a renewal
13of an achievement guarantee contract, a school board shall maintain the class size
14reduction achieved under the original achievement guarantee contract and continue
15to meet all contract requirements and performance objectives contained in the
16renewal of the contract.
SB357,100,2219
118.43
(3) Contract requirements. (intro.) Except as provided in pars. (am)
20and (ar), an achievement guarantee contract shall require the school board to do all
21of the following in each participating school
if the school contains at least one of the
22designated grades:
SB357, s. 196
23Section
196. 118.43 (3) (at) of the statutes is created to read:
SB357,101,3
1118.43
(3) (at)
Class size; additional contracts; 2001-02 and thereafter. For
2contracts that begin in the 2001-02 school year or in any school year thereafter,
3reduce each class size to 15 in the following manner:
SB357,101,44
1. In the first year of the contract, in at least grades kindergarten and one.
SB357,101,55
2. In the 2nd year of the contract, in at least grades kindergarten to 2.
SB357,101,66
3. In the last 3 years of the contract, in at least grades kindergarten to 3.
SB357,101,189
118.43
(5) (b) Annually by June 30
through the 2003-04 school year, a
10committee consisting of the state superintendent, the chairpersons of the education
11committees in the senate and assembly and the individual chiefly responsible for the
12evaluation under sub. (7) shall review the progress made by each school for which
13an achievement guarantee contract has been entered into. The committee may
14recommend to the department that the department terminate a contract if the
15committee determines that the school board has violated the contract or if the school
16has made insufficient progress toward achieving its performance objectives under
17sub. (4) (c). The department may terminate the contract if it agrees with the
18committee's recommendation.
SB357,102,1021
118.43
(6) (b) 7. In the 2001-02
and 2002-03 school
years year, $2,000
22multiplied by the number of low-income pupils enrolled in grades eligible for funding
23in each school in the school district covered by contracts under sub. (3) (am)
and (ar).
24After making these payments, the department shall
, if funding is available, pay
25school districts on behalf of schools that are covered by
contracts under sub. (3) (ar),
1renewals of contracts under sub. (2) (g) an amount equal to $2,000 multiplied by the
2number of low-income pupils enrolled in grades eligible for funding in each school
3in the school district covered by
renewals of contracts under sub.
(3) (ar) (2) (g). After
4making these payments, the department shall, if funding is available, pay school
5districts on behalf of schools that are covered by contracts under sub. (3) (at) an
6amount equal to $2,000 multiplied by the number of low-income pupils enrolled in
7grades eligible for funding in each school in the school district covered by these
8contracts. In making payments for contracts under subs. (2) (g) and (3) (at), the
9department shall give priority to schools that have the highest percentage of
10low-income pupil enrollment.
SB357, s. 199
11Section
199. 118.43 (6) (b) 7m. of the statutes is created to read:
SB357,103,312
118.43
(6) (b) 7m. In the 2002-03 school year, $2,000 multiplied by the number
13of low-income pupils enrolled in grades eligible for funding in each school in the
14school district covered by contracts under sub. (3) (am) and (ar) and covered by
15previous renewals of contracts under sub. (2) (g) and previous contracts under sub.
16(3) (at). After making these payments, the department shall, if funding is available,
17pay school districts on behalf of schools that are covered by renewals of contracts
18under sub. (2) (g) that begin in the 2002-03 school year an amount equal to $2,000
19multiplied by the number of low-income pupils enrolled in grades eligible for funding
20in each school in the school district covered by these renewals of contracts. After
21making these payments, the department shall, if funding is available, pay school
22districts on behalf of schools that are covered by contracts under sub. (3) (at) that
23begin in the 2002-03 school year an amount equal to $2,000 multiplied by the
24number of low-income pupils enrolled in grades eligible for funding in each school
25in the school district covered by these contracts. In making payments for contracts
1under subs. (2) (g) and (3) (at) that begin in the 2002-03 school year, the department
2shall give priority to schools that have the highest percentage of low-income pupil
3enrollment.
SB357,103,226
118.43
(6) (b) 8. In the 2003-04
and 2004-05 school
years year, $2,000
7multiplied by the number of low-income pupils enrolled in grades eligible for funding
8in each school in the school district covered by contracts under sub. (3) (ar)
and
9previous renewals of contracts under sub. (2) (g) and previous contracts under sub.
10(3) (at). After making these payments, the department shall, if funding is available,
11pay school districts on behalf of schools that are covered by renewals of contracts
12under sub. (2) (g) that begin in the 2003-04 school year an amount equal to $2,000
13multiplied by the number of low-income pupils enrolled in grades eligible for funding
14in each school in the school district covered by renewals of these contracts. After
15making these payments, the department shall, if funding is available, pay school
16districts on behalf of schools that are covered by contracts under sub. (3) (at) that
17begin in the 2003-04 school year an amount equal to $2,000 multiplied by the
18number of low-income pupils enrolled in grades eligible for funding in each school
19in the school district covered by these contracts. In making payments for contracts
20under subs. (2) (g) and (3) (at) that begin in the 2003-04 school year, the department
21shall give priority to schools that have the highest percentage of low-income pupil
22enrollment.
SB357, s. 201
23Section
201. 118.43 (6) (b) 8m. of the statutes is created to read:
SB357,104,1524
118.43
(6) (b) 8m. In the 2004-05 school year, $2,000 multiplied by the number
25of low-income pupils enrolled in grades eligible for funding in each school in the
1school district covered by contracts under sub. (3) (ar) and covered by previous
2renewals of contracts under sub. (2) (g) and previous contracts under sub. (3) (at).
3After making these payments, the department shall, if funding is available, pay
4school districts on behalf of schools that are covered by renewals of contracts under
5sub. (2) (g) that begin in the 2004-05 school year an amount equal to $2,000
6multiplied by the number of low-income pupils enrolled in grades eligible for funding
7in each school in the school district covered by renewals of these contracts. After
8making these payments, the department shall, if funding is available, pay school
9districts on behalf of schools that are covered by contracts under sub. (3) (at) that
10begin in the 2004-05 school year an amount equal to $2,000 multiplied by the
11number of low-income pupils enrolled in grades eligible for funding in each school
12in the school district covered by these contracts. In making payments for contracts
13under subs. (2) (g) and (3) (at) that begin in the 2004-05 school year, the department
14shall give priority to schools that have the highest percentage of low-income pupil
15enrollment.
SB357, s. 202
16Section
202. 118.43 (6) (b) 9. of the statutes is created to read:
SB357,105,317
118.43
(6) (b) 9. In the 2005-06 school year and in each school year thereafter,
18$2,000 multiplied by the number of low-income pupils enrolled in grades eligible for
19funding in each school in the school district covered by previous renewals of contracts
20under sub. (2) (g) and previous contracts under sub. (3) (at). After making these
21payments, the department shall, if funding is available, pay school districts on behalf
22of schools that are covered by renewals of contracts under sub. (2) (g) that begin in
23that school year and by contracts under sub. (3) (at) that begin in that school year
24an amount equal to $2,000 multiplied by the number of low-income pupils enrolled
25in grades eligible for funding in each school in the school district covered by these
1renewals of contracts. In making payments for contracts under subs. (2) (g) and (3)
2(at) that begin in the 2005-06 school year or thereafter, the department shall give
3priority to schools that have the highest percentage of low-income pupil enrollment.
SB357,105,96
120.13
(2) (g) Every self-insured plan under par. (b) shall comply with ss.
749.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3),
8632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to
(13) (14), 632.896 and
9767.25 (4m) (d).