SB357: Bill Text

SB357, s. 202 Section 202. 118.43 (6) (b) 9. of the statutes is created to read:

SB357,105,3 118.43 (6) (b) 9. In the 2005-06 school year and in each school year thereafter, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by previous renewals of contracts under sub. (2) (g) and previous contracts under sub. (3) (at). After making these payments, the department shall, if funding is available, pay school districts on behalf of schools that are covered by renewals of contracts under sub. (2) (g) that begin in that school year and by contracts under sub. (3) (at) that begin in that school year an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by these renewals of contracts. In making payments for contracts under subs. (2) (g) and (3) (at) that begin in the 2005-06 school year or thereafter, the department shall give priority to schools that have the highest percentage of low-income pupil enrollment.

SB357, s. 203 Section 203. 120.13 (2) (g) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,105,9 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (13) (14), 632.896 and 767.25 (4m) (d).

SB357, s. 204 Section 204. 125.075 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is renumbered 125.075 (2) (a) and amended to read:

SB357,105,14 125.075 (2) (a) Whoever violates sub. (1) may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony if the underage person suffers great bodily harm, as defined in s. 939.22 (14).

SB357, s. 205 Section 205. 125.075 (2) (b) of the statutes is created to read:

SB357,105,17 125.075 (2) (b) Whoever violates sub. (1) is guilty of a Class G felony if the underage person dies.

SB357, s. 206 Section 206. 125.085 (3) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,105,22 125.085 (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 3 years or both is guilty of a Class I felony.

SB357, s. 207 Section 207. 125.105 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,106,3 125.105 (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 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 208 Section 208. 125.66 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,106,10 125.66 (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 15 years or both. Second or subsequent convictions shall be punished by both the fine and imprisonment is guilty of a Class F felony.

SB357, s. 209 Section 209. 125.68 (12) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,106,15 125.68 (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 15 years or both is guilty of a Class F felony.

SB357, s. 210 Section 210. 125.68 (12) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,106,21 125.68 (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 15 years is guilty of a Class E felony.

SB357, s. 211 Section 211. 132.20 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,107,5 132.20 (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 is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), if the person is an individual, he or she may be fined not more than $250,000 or imprisoned for not more than 7 years and 6 months or both, or, and if the person is not an individual, the person may be fined not more than $1,000,000.

SB357, s. 212 Section 212. 133.03 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,107,14 133.03 (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 is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person 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 7 years and 6 months or both.

SB357, s. 213 Section 213. 133.03 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,107,22 133.03 (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 is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person 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 7 years and 6 months or both.

SB357, s. 214 Section 214. 134.05 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,108,4 134.05 (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 2 years may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB357, s. 215 Section 215. 134.16 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,108,18 134.16 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 15 years or fined not more than $10,000 is guilty of a Class F felony.

SB357, s. 216 Section 216. 134.20 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,108,23 134.20 (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 7 years and 6 months or both is guilty of a Class H felony:

SB357, s. 217 Section 217. 134.205 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,109,4 134.205 (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 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 218 Section 218. 134.58 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,109,13 134.58 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 4 years and 6 months or both is guilty of a Class I felony.

SB357, s. 219 Section 219. 134.71 (12) of the statutes is amended to read:

SB357,109,20 134.71 (12) Applications and forms. The department of agriculture, trade and consumer protection justice shall develop applications and other forms required under subs. (5) (intro.) and (8) (c). The department shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers and secondhand jewelry dealers at no cost.

SB357, s. 220 Section 220. 134.95 (2) of the statutes is amended to read:

SB357,110,4 134.95 (2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177 134.22, 134.68, 134.70, 134.71, 134.72, 134.74, 134.83 or 134.87 or ch. 136 or a rule promulgated under these sections or that chapter, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the fine or forfeiture was imposed, was perpetrated against an elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b) or (c) is present.

SB357, s. 221 Section 221. 134.95 (3) of the statutes is amended to read:

SB357,110,10 134.95 (3) Priority for restitution. If the court orders restitution under s. 100.171 (8), 100.173 (4) (a), 100.174 (7), 100.175 (7), 100.177 (15) 134.22 (4) (a), 134.68 (7), 134.70 (15), 134.74 (8), 134.83 (7) or 134.87 (6) for a pecuniary or monetary loss suffered by a person, the court shall require that the restitution be paid by the defendant before the defendant pays any forfeiture imposed under this section.

SB357, s. 222 Section 222. 134.99 (1) of the statutes is amended to read:

SB357,110,16 134.99 (1) Whoever is concerned in the commission of a violation of this chapter, except s. 134.83, for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.

SB357, s. 223 Section 223. 136.03 (title) of the statutes is amended to read:

SB357,110,19 136.03 (title) Duties of the department of agriculture, trade and consumer protection justice.

SB357, s. 224 Section 224. 136.03 (1) (intro.) of the statutes is amended to read:

SB357,110,25 136.03 (1) (intro.) The department of agriculture, trade and consumer protection justice shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department of justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department of justice may in behalf of the state:

SB357, s. 225 Section 225. 139.44 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,111,9 139.44 (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 15 years is guilty of a Class G felony.

SB357, s. 226 Section 226. 139.44 (1m) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,111,14 139.44 (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 15 years is guilty of a Class G felony.

SB357, s. 227 Section 227. 139.44 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,111,21 139.44 (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 may be fined not less than $1,000 nor more than $5,000 $10,000 or imprisoned for not less than 90 days nor more than 2 years 9 months or both.

SB357, s. 228 Section 228. 139.44 (8) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,112,3 139.44 (8) (c) If the number of cigarettes exceeds 36,000, a fine of not more than $10,000 or imprisonment for not more than 3 years or both the person is guilty of a Class I felony.

SB357, s. 229 Section 229. 139.95 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,112,9 139.95 (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 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 230 Section 230. 139.95 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,112,19 139.95 (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 15 years or both is guilty of a Class F felony.

SB357, s. 231 Section 231. 146.345 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,112,25 146.345 (3) Any person who violates this section is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $50,000 or imprisoned for not more than 7 years and 6 months or both.

SB357, s. 232 Section 232. 146.35 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,113,5 146.35 (5) Whoever violates sub. (2) may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 233 Section 233. 146.60 (9) (am) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,113,10 146.60 (9) (am) For a 2nd or subsequent violation under par. (ag), a person shall may be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than 2 years 9 months or both.

SB357, s. 234 Section 234. 146.70 (10) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,113,18 146.70 (10) (a) Any person who intentionally dials the telephone number "911" to report an emergency, knowing that the fact situation which 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 7 years and 6 months or both is guilty of a Class H felony for any other offense committed within 4 years after the first offense.

SB357, s. 235 Section 235. 154.15 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,114,2 154.15 (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 15 years or both is guilty of a Class F felony.

SB357, s. 236 Section 236. 154.29 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,114,11 154.29 (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 15 years or both is guilty of a Class F felony.

SB357, s. 237 Section 237. 165.07 of the statutes is created to read:

SB357,114,20 165.07 Assistant attorney general — public intervenor. (1) The attorney general shall designate an assistant attorney general on the attorney general's staff as public intervenor. Written notices of all proceedings under chs. 30, 31, 281 to 285 and 289 to 299, except s. 281.48, shall be given to the public intervenor and to the administrators of divisions primarily assigned the departmental functions under chs. 29, 281, 285 and 289 to 299, except s. 281.48, by the agency head responsible for such proceedings. A copy of such notice shall also be given to the natural areas preservation council.

SB357,115,3 (2) The public intervenor shall formally intervene in proceedings described in sub. (1) when requested to do so by an administrator of a division primarily assigned the departmental functions under chs. 29, 281, 285 or 289 to 299, except s. 281.48. The public intervenor may, on the public intervenor's own initiative or upon request of any committee of the legislature, formally intervene in all proceedings described in sub. (1) whenever such intervention is needed for the protection of "public rights" in water and other natural resources, as provided in chs. 30 and 31 and defined by the supreme court.

SB357,115,15 (3) Personnel of the department of natural resources shall, upon the request of the public intervenor, make such investigations, studies and reports as the public intervenor may request in connection with proceedings described in sub. (1), either before or after formal intervention. Personnel of state agencies shall at the public intervenor's request provide information, serve as witnesses in proceedings described in sub. (1) and otherwise cooperate in the carrying out of the public intervenor's intervention functions. Formal intervention shall be by filing a statement to that effect with the examiner or other person immediately in charge of the proceeding. Thereupon the public intervenor shall be considered a party in interest with full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs or do any other acts appropriate for a party to the proceedings.

SB357,115,21 (4) The public intervenor may appeal from administrative rulings to the courts. In all administrative proceedings and judicial review proceedings the public intervenor shall be identified as "public intervenor". This section does not preclude or prevent any division of the department of natural resources, or any other department or independent agency, from appearing by its staff as a party in such proceedings.

SB357, s. 238 Section 238. 165.075 of the statutes is created to read:

SB357,116,2 165.075 Assistant attorney general; public intervenor; authority. In carrying out his or her duty to protect public rights in water and other natural resources, the public intervenor has the authority to initiate actions and proceedings before any agency or court in order to raise issues, including issues concerning constitutionality, present evidence and testimony and make arguments.

SB357, s. 239 Section 239. 165.076 of the statutes is created to read:

SB357,116,15 165.076 Assistant attorney general; public intervenor; advisory committee. The attorney general shall appoint a public intervenor advisory committee under s. 15.04 (1) (c). The public intervenor advisory committee shall consist of not less than 7 nor more than 9 members. The members shall have backgrounds in or demonstrated experience or records relating to environmental protection or natural resource conservation. At least one of the members shall have working knowledge in business. At least one of the members shall have working knowledge in agriculture. The public intervenor advisory committee shall advise the public intervenor consistent with his or her duty to protect public rights in water and other natural resources. The public intervenor advisory committee shall conduct meetings consistent with subch. V of ch. 19 and shall permit public participation and public comment on public intervenor activities.

SB357, s. 240 Section 240. 165.25 (4) (ar) of the statutes is repealed.

SB357, s. 241 Section 241. 166.20 (11) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,116,22 166.20 (11) (b) Any person who knowingly and wilfully fails to report the release of a hazardous substance covered under 42 USC 11004 as required under sub. (5) (a) 2. or any rule promulgated under sub. (5) (a) 2. shall is subject to the following penalties:

SB357,117,2 1. For the first offense, the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $100 nor more than $25,000 or imprisoned for not more than 3 years or both.

SB357,117,6 2. For the 2nd and subsequent offenses, the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $200 nor more than $50,000 or imprisoned for not more than 3 years or both.

SB357, s. 242 Section 242. 167.10 (9) (g) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,117,11 167.10 (9) (g) Whoever violates sub. (6m) (a), (b) or (c) or a rule promulgated under sub. (6m) (e) may be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class G felony.

SB357, s. 243 Section 243. 175.20 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,117,18 175.20 (3) Any person who violates any of the provisions of this section shall may be fined not less than $25 nor more than $1,000 and $10,000 or may be imprisoned for not less than 30 days nor more than 2 years 9 months or both. In addition, the court may revoke the license or licenses of the person or persons convicted.

SB357, s. 244 Section 244. 180.0129 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read: