SB357: Bill Text

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:

SB357,117,22 180.0129 (2) Whoever violates this section 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. 245 Section 245. 181.0129 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,118,3 181.0129 (2) Penalty. Whoever violates this section 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. 246 Section 246. 185.825 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,118,9 185.825 Penalty for false document. Whoever causes a document to be filed, knowing it to be false in any material respect, may be fined not more than $1,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.

SB357, s. 247 Section 247. 185.981 (4t) of the statutes is amended to read:

SB357,118,14 185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.89, 632.72 (2), 632.745 to 632.749, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4) and (5), 632.895 (10) to (13) (14) and 632.897 (10) and chs. 149 and 155.

SB357, s. 248 Section 248. 185.983 (1) (intro.) of the statutes is amended to read:

SB357,118,21 185.983 (1) (intro.) Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.89, 631.93, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4) and (5), 632.895 (5) and (9) to (13) (14), 632.896 and 632.897 (10) and chs. 609, 630, 635, 645 and 646, but the sponsoring association shall:

SB357, s. 249 Section 249. 196.219 (3) (n) of the statutes is amended to read:

SB357,118,24 196.219 (3) (n) Provide telecommunications service in violation of s. 100.207 134.179.

SB357, s. 250 Section 250. 200.09 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,119,9 200.09 (2) Every director, president, secretary or other official or agent of any public service corporation, who shall practice fraud or knowingly make any false statement to secure a certificate of authority to issue any security, or issue under a certificate so obtained and with knowledge of such fraud, or false statement, or negotiate, or cause to be negotiated, any security, in violation of this chapter, shall be fined not less than $500 or imprisoned for not less than one year nor more than 15 years or both is guilty of a Class I felony.

SB357, s. 251 Section 251. 214.93 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,119,16 214.93 False statements. A person may not knowingly make, cause, or allow another person to make or cause to be made, a false statement, under oath if required by this chapter or on any report or statement required by the division or by this chapter. In addition to any forfeiture under s. 214.935, a person who violates this section may be imprisoned for not more than 30 years is guilty of a Class F felony.

SB357, s. 252 Section 252. 215.02 (6) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,120,3 215.02 (6) (b) If any person mentioned in par. (a) discloses the name of any debtor of any association or any information about the private account or transactions of such association, discloses any fact obtained in the course of any examination of any association, or discloses examination or other confidential information obtained from any state or federal regulatory authority, including an authority of this state or another state, for financial institutions, mortgage bankers, insurance or securities, except as provided in par. (a), he or she is guilty of a Class I felony and shall forfeit his or her office or position and may be fined not less than $100 nor more than $1,000 or imprisoned for not less than 6 months nor more than 3 years or both.

SB357, s. 253 Section 253. 215.12 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,120,16 215.12 Penalty for dishonest acts; falsification of records. Every officer, director, employe or agent of any association who steals, abstracts, or wilfully misapplies any property of the association, whether owned by it or held in trust, or who, without authority, issues or puts forth any certificate of savings accounts, assigns any note, bond, mortgage, judgment or decree, or, who makes any false entry in any book, record, report or statement of the association with intent to injure or defraud the association or any person or corporation, or to deceive any officer or director of the association, or any other person, or any agent appointed to examine the affairs of such association, or any person who, with like intent, aids or abets any officer, director, employe or agent in the violation of this section, shall be imprisoned in the Wisconsin state prisons for not more than 30 years is guilty of a Class F felony.

SB357, s. 254 Section 254. 215.21 (21) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,121,4 215.21 (21) Penalty for giving or accepting money for loans. Every officer, director, employe or agent of any association, or any appraiser making appraisals for any association, who accepts or receives, or offers or agrees to accept or receive anything of value in consideration of its loaning any money to any person; or any person who offers, gives, presents or agrees to give or present anything of value to any officer, director, employe or agent of any association or to any appraiser making appraisals for any association in consideration of its loaning money to the person, shall be fined not more than $10,000 or imprisoned in the Wisconsin state prisons for not more than 3 years or both is guilty of a Class I felony. Nothing in this subsection prohibits an association from employing an officer, employe or agent to solicit mortgage loans and to pay the officer, employe or agent on a fee basis.

SB357, s. 255 Section 255. 218.21 (7) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,121,10 218.21 (7) Any person who knowingly makes a false statement in an application for a motor vehicle salvage dealer license may 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. 256 Section 256. 220.06 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,121,20 220.06 (2) If any employe in the division or any member of the banking review board or any employe thereof discloses the name of any debtor of any bank or licensee, or anything relative to the private account or transactions of such bank or licensee, or any fact obtained in the course of any examination of any bank or licensee, except as herein provided, that person is guilty of a Class I felony and shall be subject, upon conviction, to forfeiture of office or position and may be fined not less than $100 nor more than $1,000 or imprisoned for not less than 6 months nor more than 3 years or both.

SB357, s. 257 Section 257. 221.0625 (2) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,121,25 221.0625 (2) Penalty. (intro.) An officer or director of a bank who, in violation of this section, directly or indirectly does any of the following may be imprisoned for not more than 15 years is guilty of a Class F felony:

SB357, s. 258 Section 258. 221.0636 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,122,4 221.0636 (2) Penalty. Any person who violates sub. (1) may be imprisoned for not more than 30 years is guilty of a Class H felony.

SB357, s. 259 Section 259. 221.0637 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,122,9 221.0637 (2) Penalties. Any person who violates sub. (1) 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. 260 Section 260. 221.1004 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,122,14 221.1004 (2) Penalties. Any person who violates sub. (1) may 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. 261 Section 261. 230.08 (2) (L) 6. of the statutes is created to read:

SB357,122,16 230.08 (2) (L) 6. Sentencing commission.

SB357, s. 262 Section 262. 230.08 (2) (of) of the statutes is created to read:

SB357,122,18 230.08 (2) (of) The executive director of the sentencing commission.

SB357, s. 263 Section 263. 253.06 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,122,25 253.06 (4) (b) A person who violates any provision of this subsection 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 for the first offense and 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 for the 2nd or subsequent offense.

SB357, s. 264 Section 264. 285.87 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,123,7 285.87 (2) (b) If the conviction under par. (a) is for a violation committed after another conviction under par. (a), the person shall 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 more than $50,000 per day of violation or imprisoned for not more than 3 years or both.

SB357, s. 265 Section 265. 291.97 (2) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,123,13 291.97 (2) (b) (intro.) Any person who wilfully does any of the following shall 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 less than $1,000 nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both:

SB357, s. 266 Section 266. 291.97 (2) (c) 1. and 2. of the statutes, as affected by 1997 Wisconsin Act 283, are amended to read:

SB357,123,19 291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall 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 $1,000 nor more than $50,000 or imprisoned for not more than 2 years or both.

SB357,123,23 2. For a 2nd or subsequent violation under par. (b), a person shall is guilty of a Class F felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (f), the person may be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years or both.

SB357, s. 267 Section 267. 299.53 (4) (c) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,124,6 299.53 (4) (c) 2. Any person who intentionally makes any false statement or representation in complying with sub. (2) (a) shall be fined not more than $25,000 or imprisoned for not more than one year in the county jail or both. For a 2nd or subsequent violation, the person shall 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 more than $50,000 or imprisoned for not more than 3 years or both.

SB357, s. 268 Section 268. 301.03 (3) of the statutes is amended to read:

SB357,124,18 301.03 (3) Administer Subject to sub. (3a), administer parole, extended supervision and probation matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission and the decision to revoke probation, extended supervision or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and persons placed on extended supervision to partially offset the costs of the program.

SB357, s. 269 Section 269. 301.03 (3a) of the statutes is created to read: