SB357,110,422
134.95
(2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a
23person for a violation under s.
100.171, 100.173, 100.174, 100.175, 100.177 134.22,
24134.68, 134.70, 134.71, 134.72
, 134.74, 134.83 or 134.87 or ch. 136 or a rule
25promulgated under these sections or that chapter, the person shall be subject to a
1supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the
2defendant, for which the fine or forfeiture was imposed, was perpetrated against an
3elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b)
4or (c) is present.
SB357, s. 221
5Section
221. 134.95 (3) of the statutes is amended to read:
SB357,110,106
134.95
(3) Priority for restitution. If the court orders restitution under s.
7100.171 (8), 100.173 (4) (a), 100.174 (7), 100.175 (7), 100.177 (15) 134.22 (4) (a),
8134.68 (7), 134.70 (15), 134.74 (8), 134.83 (7) or 134.87 (6) for a pecuniary or monetary
9loss suffered by a person, the court shall require that the restitution be paid by the
10defendant before the defendant pays any forfeiture imposed under this section.
SB357, s. 222
11Section
222. 134.99 (1) of the statutes is amended to read:
SB357,110,1612
134.99
(1) Whoever is concerned in the commission of a violation of this
13chapter
, except s. 134.83, for which a forfeiture is imposed is a principal and may be
14charged with and convicted of the violation although he or she did not directly
15commit it and although the person who directly committed it has not been convicted
16of the violation.
SB357, s. 223
17Section
223. 136.03 (title) of the statutes is amended to read:
SB357,110,19
18136.03 (title)
Duties of the department of agriculture, trade and
19consumer protection justice.
SB357, s. 224
20Section
224. 136.03 (1) (intro.) of the statutes is amended to read:
SB357,110,2521
136.03
(1) (intro.) The department of
agriculture, trade and consumer
22protection justice shall investigate violations of this chapter and of rules and orders
23issued under s. 136.04. The department
of justice may subpoena persons and records
24to facilitate its investigations, and may enforce compliance with such subpoenas as
25provided in s. 885.12. The department
of justice may in behalf of the state:
SB357,111,93
139.44
(1) Any person who falsely or fraudulently makes, alters or counterfeits
4any stamp or procures or causes the same to be done, or who knowingly utters,
5publishes, passes or tenders as true any false, altered or counterfeit stamp, or who
6affixes the same to any package or container of cigarettes, or who possesses with the
7intent to sell any cigarettes in containers to which false, altered or counterfeit stamps
8have been affixed
shall be imprisoned for not less than one year nor more than 15
9years is guilty of a Class G felony.
SB357,111,1412
139.44
(1m) Any person who falsely or fraudulently tampers with a cigarette
13meter in order to evade the tax under s. 139.31
shall be imprisoned for not less than
14one year nor more than 15 years is guilty of a Class G felony.
SB357,111,2117
139.44
(2) Any person who makes or signs any false or fraudulent report or who
18attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the
19evasion or attempted evasion of that tax
shall may be fined not
less than $1,000 nor 20more than
$5,000 $10,000 or imprisoned
for not
less than 90 days nor more than
2
21years 9 months or both.
SB357,112,3
1139.44
(8) (c) If the number of cigarettes exceeds 36,000,
a fine of not more than
2$10,000 or imprisonment for not more than 3 years or both the person is guilty of a
3Class I felony.
SB357,112,96
139.95
(2) A dealer who possesses a schedule I controlled substance or schedule
7II controlled substance that does not bear evidence that the tax under s. 139.88 has
8been paid
may be fined not more than $10,000 or imprisoned for not more than 7
9years and 6 months or both is guilty of a Class H felony.
SB357,112,1912
139.95
(3) Any person who falsely or fraudulently makes, alters or counterfeits
13any stamp or procures or causes the same to be done or who knowingly utters,
14publishes, passes or tenders as true any false, altered or counterfeit stamp or who
15affixes a counterfeit stamp to a schedule I controlled substance or schedule II
16controlled substance or who possesses a schedule I controlled substance or schedule
17II controlled substance to which a false, altered or counterfeit stamp is affixed
may
18be fined not more than $10,000 or imprisoned for not less than one year nor more
19than 15 years or both is guilty of a Class F felony.
SB357,112,2522
146.345
(3) Any person who violates this section
is guilty of a Class H felony,
23except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the
24person may be fined not more than $50,000
or imprisoned for not more than 7 years
25and 6 months or both.
SB357,113,53
146.35
(5) Whoever violates sub. (2)
may be fined not more than $10,000 or
4imprisoned for not more than 7 years and 6 months or both is guilty of a Class H
5felony.
SB357,113,108
146.60
(9) (am) For a 2nd or subsequent violation under par. (ag), a person
shall 9may be fined not
less than $1,000 nor more than $50,000 or imprisoned for not more
10than
2 years 9 months or both.
SB357,113,1813
146.70
(10) (a) Any person who intentionally dials the telephone number "911"
14to report an emergency, knowing that the fact situation which he or she reports does
15not exist, shall be fined not less than $50 nor more than $300 or imprisoned not more
16than 90 days or both for the first offense and
shall be fined not more than $10,000
17or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H
18felony for any other offense committed within 4 years after the first offense.
SB357,114,221
154.15
(2) Any person who, with the intent to cause a withholding or
22withdrawal of life-sustaining procedures or feeding tubes contrary to the wishes of
23the declarant, illegally falsifies or forges the declaration of another or conceals a
24declaration revoked under s. 154.05 (1) (a) or (b) or any person who intentionally
25withholds actual knowledge of a revocation under s. 154.05
shall be fined not more
1than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class F
2felony.
SB357,114,115
154.29
(2) Any person who, with the intent to cause the withholding or
6withdrawal of resuscitation contrary to the wishes of any patient, falsifies, forges or
7transfers a do-not-resuscitate bracelet to that patient or conceals the revocation
8under s. 154.21 of a do-not-resuscitate order or any responsible person who
9withholds personal knowledge of a revocation under s. 154.21
shall be fined not more
10than $10,000 or imprisoned for not more than 15 years or both
is guilty of a Class F
11felony.
SB357, s. 237
12Section
237. 165.07 of the statutes is created to read:
SB357,114,20
13165.07 Assistant attorney general — public intervenor. (1) The attorney
14general shall designate an assistant attorney general on the attorney general's staff
15as public intervenor. Written notices of all proceedings under chs. 30, 31, 281 to 285
16and 289 to 299, except s. 281.48, shall be given to the public intervenor and to the
17administrators of divisions primarily assigned the departmental functions under
18chs. 29, 281, 285 and 289 to 299, except s. 281.48, by the agency head responsible for
19such proceedings. A copy of such notice shall also be given to the natural areas
20preservation council.
SB357,115,3
21(2) The public intervenor shall formally intervene in proceedings described in
22sub. (1) when requested to do so by an administrator of a division primarily assigned
23the departmental functions under chs. 29, 281, 285 or 289 to 299, except s. 281.48.
24The public intervenor may, on the public intervenor's own initiative or upon request
25of any committee of the legislature, formally intervene in all proceedings described
1in sub. (1) whenever such intervention is needed for the protection of "public rights"
2in water and other natural resources, as provided in chs. 30 and 31 and defined by
3the supreme court.
SB357,115,15
4(3) Personnel of the department of natural resources shall, upon the request
5of the public intervenor, make such investigations, studies and reports as the public
6intervenor may request in connection with proceedings described in sub. (1), either
7before or after formal intervention. Personnel of state agencies shall at the public
8intervenor's request provide information, serve as witnesses in proceedings
9described in sub. (1) and otherwise cooperate in the carrying out of the public
10intervenor's intervention functions. Formal intervention shall be by filing a
11statement to that effect with the examiner or other person immediately in charge of
12the proceeding. Thereupon the public intervenor shall be considered a party in
13interest with full power to present evidence, subpoena and cross-examine witnesses,
14submit proof, file briefs or do any other acts appropriate for a party to the
15proceedings.
SB357,115,21
16(4) The public intervenor may appeal from administrative rulings to the courts.
17In all administrative proceedings and judicial review proceedings the public
18intervenor shall be identified as "public intervenor". This section does not preclude
19or prevent any division of the department of natural resources, or any other
20department or independent agency, from appearing by its staff as a party in such
21proceedings.
SB357, s. 238
22Section
238. 165.075 of the statutes is created to read:
SB357,116,2
23165.075 Assistant attorney general; public intervenor; authority. In
24carrying out his or her duty to protect public rights in water and other natural
25resources, the public intervenor has the authority to initiate actions and proceedings
1before any agency or court in order to raise issues, including issues concerning
2constitutionality, present evidence and testimony and make arguments.
SB357, s. 239
3Section
239. 165.076 of the statutes is created to read:
SB357,116,15
4165.076 Assistant attorney general; public intervenor; advisory
5committee. The attorney general shall appoint a public intervenor advisory
6committee under s. 15.04 (1) (c). The public intervenor advisory committee shall
7consist of not less than 7 nor more than 9 members. The members shall have
8backgrounds in or demonstrated experience or records relating to environmental
9protection or natural resource conservation. At least one of the members shall have
10working knowledge in business. At least one of the members shall have working
11knowledge in agriculture. The public intervenor advisory committee shall advise the
12public intervenor consistent with his or her duty to protect public rights in water and
13other natural resources. The public intervenor advisory committee shall conduct
14meetings consistent with subch. V of ch. 19 and shall permit public participation and
15public comment on public intervenor activities.
SB357, s. 240
16Section
240. 165.25 (4) (ar) of the statutes is repealed.
SB357,116,2219
166.20
(11) (b) Any person who knowingly and wilfully fails to report the
20release of a hazardous substance covered under
42 USC 11004 as required under sub.
21(5) (a) 2. or any rule promulgated under sub. (5) (a) 2.
shall is subject to the following
22penalties:
SB357,117,223
1. For the first offense,
the person is guilty of a Class I felony, except that,
24notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be
1fined not
less than $100 nor more than $25,000
or imprisoned for not more than 3
2years or both.
SB357,117,63
2. For the 2nd and subsequent offenses,
the person is guilty of a Class I felony,
4except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the
5person may be fined not
less than $200 nor more than $50,000
or imprisoned for not
6more than 3 years or both.
SB357,117,119
167.10
(9) (g) Whoever violates sub. (6m) (a), (b) or (c) or a rule promulgated
10under sub. (6m) (e)
may be fined not more than $10,000 or imprisoned for not more
11than 15 years or both is guilty of a Class G felony.
SB357,117,1814
175.20
(3) Any person who violates any of the provisions of this section
shall 15may be fined not
less than $25 nor more than
$1,000 and $10,000 or may be
16imprisoned for not
less than 30 days nor more than
2 years 9 months or both. In
17addition, the court may revoke the license or licenses of the person or persons
18convicted.
SB357,117,2221
180.0129
(2) Whoever violates this section
may be fined not more than $10,000
22or imprisoned for not more than 3 years or both is guilty of a Class I felony.
SB357,118,3
1181.0129
(2) Penalty. Whoever violates this section
may be fined not more
2than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I
3felony.
SB357,118,9
6185.825 Penalty for false document. Whoever causes a document to be
7filed, knowing it to be false in any material respect,
may be fined not more than
8$1,000 or imprisoned for not more than 4 years and 6 months or both
is guilty of a
9Class I felony.
SB357, s. 247
10Section
247. 185.981 (4t) of the statutes is amended to read:
SB357,118,1411
185.981
(4t) A sickness care plan operated by a cooperative association is
12subject to ss. 252.14, 631.89, 632.72 (2), 632.745 to 632.749, 632.85, 632.853, 632.855,
13632.87 (2m), (3), (4) and (5), 632.895 (10) to
(13)
(14) and 632.897 (10) and chs. 149
14and 155.
SB357, s. 248
15Section
248. 185.983 (1) (intro.) of the statutes is amended to read:
SB357,118,2116
185.983
(1) (intro.) Every such voluntary nonprofit sickness care plan shall be
17exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41,
18601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.89, 631.93, 632.72
19(2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.85, 632.853, 632.855, 632.87
20(2m), (3), (4) and (5), 632.895 (5) and (9) to
(13)
(14), 632.896 and 632.897 (10) and
21chs. 609, 630, 635, 645 and 646, but the sponsoring association shall:
SB357, s. 249
22Section
249. 196.219 (3) (n) of the statutes is amended to read:
SB357,118,2423
196.219
(3) (n) Provide telecommunications service in violation of s.
100.207
24134.179.
SB357,119,93
200.09
(2) Every director, president, secretary or other official or agent of any
4public service corporation, who shall practice fraud or knowingly make any false
5statement to secure a certificate of authority to issue any security, or issue under a
6certificate so obtained and with knowledge of such fraud, or false statement, or
7negotiate, or cause to be negotiated, any security, in violation of this chapter,
shall
8be fined not less than $500 or imprisoned for not less than one year nor more than
915 years or both is guilty of a Class I felony.
SB357,119,16
12214.93 False statements. A person may not knowingly make, cause, or allow
13another person to make or cause to be made, a false statement, under oath if required
14by this chapter or on any report or statement required by the division or by this
15chapter. In addition to any forfeiture under s. 214.935, a person who violates this
16section
may be imprisoned for not more than 30 years
is guilty of a Class F felony.
SB357,120,319
215.02
(6) (b) If any person mentioned in par. (a) discloses the name of any
20debtor of any association or any information about the private account or
21transactions of such association, discloses any fact obtained in the course of any
22examination of any association, or discloses examination or other confidential
23information obtained from any state or federal regulatory authority, including an
24authority of this state or another state, for financial institutions, mortgage bankers,
25insurance or securities, except as provided in par. (a), he or she
is guilty of a Class
1I felony and shall forfeit his or her office or position
and may be fined not less than
2$100 nor more than $1,000 or imprisoned for not less than 6 months nor more than
33 years or both.
SB357,120,16
6215.12 Penalty for dishonest acts; falsification of records. Every officer,
7director, employe or agent of any association who steals, abstracts, or wilfully
8misapplies any property of the association, whether owned by it or held in trust, or
9who, without authority, issues or puts forth any certificate of savings accounts,
10assigns any note, bond, mortgage, judgment or decree, or, who makes any false entry
11in any book, record, report or statement of the association with intent to injure or
12defraud the association or any person or corporation, or to deceive any officer or
13director of the association, or any other person, or any agent appointed to examine
14the affairs of such association, or any person who, with like intent, aids or abets any
15officer, director, employe or agent in the violation of this section,
shall be imprisoned
16in the Wisconsin state prisons for not more than 30 years is guilty of a Class F felony.
SB357,121,419
215.21
(21) Penalty for giving or accepting money for loans. Every officer,
20director, employe or agent of any association, or any appraiser making appraisals for
21any association, who accepts or receives, or offers or agrees to accept or receive
22anything of value in consideration of its loaning any money to any person; or any
23person who offers, gives, presents or agrees to give or present anything of value to
24any officer, director, employe or agent of any association or to any appraiser making
25appraisals for any association in consideration of its loaning money to the person,
1shall be fined not more than $10,000 or imprisoned in the Wisconsin state prisons
2for not more than 3 years or both is guilty of a Class I felony. Nothing in this
3subsection prohibits an association from employing an officer, employe or agent to
4solicit mortgage loans and to pay the officer, employe or agent on a fee basis.
SB357,121,107
218.21
(7) Any person who knowingly makes a false statement in an
8application for a motor vehicle salvage dealer license
may be fined not more than
9$5,000 or imprisoned for not more than 7 years and 6 months or both
is guilty of a
10Class H felony.
SB357,121,2013
220.06
(2) If any employe in the division or any member of the banking review
14board or any employe thereof discloses the name of any debtor of any bank or
15licensee, or anything relative to the private account or transactions of such bank or
16licensee, or any fact obtained in the course of any examination of any bank or
17licensee, except as herein provided, that person
is guilty of a Class I felony and shall
18be subject, upon conviction, to forfeiture of office or position
and may be fined not less
19than $100 nor more than $1,000 or imprisoned for not less than 6 months nor more
20than 3 years or both.
SB357,121,2523
221.0625
(2) Penalty. (intro.) An officer or director of a bank who, in violation
24of this section, directly or indirectly does any of the following
may be imprisoned for
25not more than 15 years is guilty of a Class F felony:
SB357,122,43
221.0636
(2) Penalty. Any person who violates sub. (1)
may be imprisoned for
4not more than 30 years is guilty of a Class H felony.
SB357,122,97
221.0637
(2) Penalties. Any person who violates sub. (1)
may be fined not more
8than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I
9felony.
SB357,122,1412
221.1004
(2) Penalties. Any person who violates sub. (1)
may be fined not less
13than $1,000 nor more than $5,000 or imprisoned for not less than one year nor more
14than 15 years or both is guilty of a Class F felony.
SB357, s. 261
15Section
261. 230.08 (2) (L) 6. of the statutes is created to read:
SB357,122,1616
230.08
(2) (L) 6. Sentencing commission.
SB357, s. 262
17Section
262. 230.08 (2) (of) of the statutes is created to read:
SB357,122,1818
230.08
(2) (of) The executive director of the sentencing commission.