SB357: Bill Text

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:

SB357,125,3 301.03 (3a) The department shall take steps to promote the increased effectiveness of probation, extended supervision and parole in Brown, Dane, Kenosha, Milwaukee, Racine and Rock counties. In each of these counties, the department shall, beginning on January 1, 2001, develop a partnership with the community, have strategies for local crime prevention, supervise offenders actively, commit additional resources to enhance supervision and purchase services for offenders, establish day reporting centers and ensure that probation, extended supervision and parole agents, on average, supervise no more than 20 persons on probation, extended supervision or parole.

SB357, s. 270 Section 270. 301.035 (2) of the statutes is amended to read:

SB357,125,7 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10 and 975.10 (2) and ch. 304.

SB357, s. 271 Section 271. 301.035 (4) of the statutes is amended to read:

SB357,125,12 301.035 (4) Supervise employes in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.

SB357, s. 272 Section 272. 301.26 (3) (c) of the statutes is amended to read:

SB357,125,16 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd), (ce), (cf) and (ko), the department shall allocate funds to each county for services under this section.

SB357, s. 273 Section 273. 301.26 (4) (a) of the statutes is amended to read:

SB357,126,4 301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd), (ce), (cf) and (ko) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under s. 48.366, 938.183 or 938.34 or the department of health and family services for each person receiving services under s. 46.057 or 51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 or 938.183 after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation allocations under s. 20.410 (3) (cd), (ce), (cf) and (ko).

SB357, s. 274 Section 274. 301.26 (4) (cm) 1. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,126,20 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing secured correctional facilities, secured child caring institutions, alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a secured correctional facility based on a delinquent act that is a violation of s. 943.23 (1m) or (1r), 1997 stats., s. 948.35, 1997 stats., or s. 948.36, 1997 stats., or s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, (1) or 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any juvenile 10 years of age or over who has been placed in a secured correctional facility or secured child caring institution for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

SB357, s. 275 Section 275. 301.26 (6) (a) of the statutes is amended to read:

SB357,126,25 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd), (ce), (cf) and (ko) for purposes described in this section.

SB357, s. 276 Section 276. 301.26 (7) (a) (intro.) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,127,9 301.26 (7) (a) (intro.) For community youth and family aids under this section, amounts not to exceed $42,091,800 for the last 6 months of 1999, $85,183,700 for 2000 and $43,091,900 for the first 6 months of2001. Of those amounts, the department shall allocate $1,000,000 for the last 6 months of 1999, $3,000,000 for 2000 and $2,000,000, plus 50% of the amount allocated for 2001 under par. (k), for the first 6 months of 2001 to counties based on each of the following factors weighted equally:

SB357, s. 277 Section 277. 301.26 (7) (k) of the statutes is created to read:

SB357,127,20 301.26 (7) (k) In 2000, for community youth and family aids, the department shall allocate $0 from the appropriation under s. 20.410 (3) (ce). Beginning in 2001, for community youth and family aids, the department shall allocate from the appropriation under s. 20.410 (3) (ce) in each year an amount equal to $82,734,500 multiplied by a percentage that is equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30, 1999, as determined by the federal department of labor, rounded to the nearest multiple of $100.

SB357, s. 278 Section 278. 301.26 (7m) of the statutes is created to read:

SB357,127,25 301.26 (7m) Allocation of federal funding loss funds. In addition to the amounts allocated under sub. (7) (a), the department shall allocate in each fiscal year the amount appropriated under s. 20.410 (3) (cf) for community youth and family aids under this section.

SB357, s. 279 Section 279. 301.26 (8) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,128,6 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. subs. (7) (a) and (k) and (7m), the department shall allocate $666,700 in the last 6 months of 1999, $1,333,400 in 2000 and $666,700 in the first 6 months of 2001 for alcohol and other drug abuse treatment programs.

SB357, s. 280 Section 280. 301.46 (2s) of the statutes is created to read:

SB357,128,10 301.46 (2s) Release of information to parents through school district administrators. (a) In this subsection, "school district administrator" has the meaning given in s. 115.001 (8).

SB357,128,14 (b) 1. A parent, guardian or legal custodian of a child enrolled in a school district may request the school district administrator to make a request for information under par. (c) concerning persons subject to bulletin notification under sub. (2m) (am).

SB357,128,19 2. A parent, guardian or legal custodian of a child enrolled in a private school may request the school district administrator of the school district in which the child resides or the school district administrator of the school district in which the private school is located to make a request for information under par. (c) concerning persons subject to bulletin notification under sub. (2m) (am).

SB357,129,2 3. If a parent, guardian or legal custodian of a child intends to move to a new residence that is located in a different school district or intends to enroll his or her child in a private school, the parent, guardian or legal custodian may request the school district administrator of the school district in which the new residence is located or the school district administrator of the school district in which the private school is located to make a request for information under par. (c) concerning persons subject to bulletin notification under sub. (2m) (am).

SB357,129,8 (c) When a school district administrator receives a request from a parent, guardian or legal custodian under par. (b) for information concerning persons required to register under s. 301.45, the school district administrator shall request information concerning the persons from the police chief of the community in which the school district is located or the sheriff of the county in which the school district is located.

SB357,129,13 (d) Upon receiving a request from a school district administrator under par. (c), the police chief or sheriff shall immediately provide in writing all of the following information concerning each person who is residing, employed or attending school in the community or county and about whom the police chief or sheriff has received notification under sub. (2m) (am):

SB357,129,14 1. The person's name, including any aliases used by the person.

SB357,129,16 2. Information sufficient to identify the person, including date of birth, gender, race, height, weight and hair and eye color.

SB357,129,19 3. The statute that the person violated, the date of conviction, adjudication or commitment, and the county or, if the state is not this state, the state in which the person was convicted, adjudicated or committed.

SB357,129,20 4. The address at which the person is residing.

SB357,129,21 5. The name and address of the place at which the person is employed.

SB357,129,22 6. The name and location of any school in which the person is enrolled.

SB357,129,25 7. A description of any motor vehicle that the person owns or that is registered in the person's name, including the information provided by the person under s. 301.45 (2) (a) 7.

SB357,130,1 8. The most recent date on which the information under s. 301.45 was updated.

SB357,130,4 (e) Upon receiving information from a police chief or sheriff under par. (d), a school district administrator shall in turn provide the information in writing to the parent, guardian or legal custodian who requested the information.

SB357,130,7 (f) 1. A parent, guardian or legal custodian of a child who makes a request for information under par. (b) may also make a request for information under sub. (5) concerning a person required to register under s. 301.45.

SB357,130,10 2. A public or private elementary or secondary school administrator who makes a request for information under par. (c) may also make a request for information under sub. (4) for information concerning persons registered under s. 301.45.

SB357, s. 281 Section 281. 301.46 (5) (a) (intro.) of the statutes is amended to read:

SB357,130,17 301.46 (5) (a) (intro.) The department or a police chief or sheriff may provide the information specified in par. (b) concerning a specific person required to register under s. 301.45 to a person who is not provided notice or access under subs. sub. (2) to, (2m), (3) or (4) if, in the opinion of the department or the police chief or sheriff, providing the information is necessary to protect the public and if the person requesting the information does all of the following: