SB357: Bill Text

SB357, s. 335 Section 335. 346.175 (4) (c) of the statutes is amended to read:

SB357,151,23 346.175 (4) (c) If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a traffic officer employed by the authority issuing the citation with the information required under s. 343.46 (3), then the lessee and not the lessor shall be liable under this section or under s. 346.04 (2t) or (3).

SB357, s. 336 Section 336. 346.175 (4) (d) of the statutes is amended to read:

SB357,152,7 346.175 (4) (d) If the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.) but including the persons specified in s. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was being operated by or was under the control of any person on a trial run, and if the dealer provides a traffic officer employed by the authority issuing the citation with the name, address and operator's license number of the person operating the vehicle, then that person, and not the dealer, shall be liable under this section or under s. 346.04 (2t) or (3).

SB357, s. 337 Section 337. 346.175 (5) (intro.) of the statutes is amended to read:

SB357,152,10 346.175 (5) (intro.) Notwithstanding the penalty otherwise specified under s. 346.17 (2t) or (3) for a violation of s. 346.04 (2t) or (3):

SB357, s. 338 Section 338. 346.175 (5) (a) of the statutes is amended to read:

SB357,152,14 346.175 (5) (a) A vehicle owner or other person found liable under this section for a violation of s. 346.04 (2t) or (3) shall be required to forfeit not less than $300 nor more than $1,000.

SB357, s. 339 Section 339. 346.65 (2) (e) of the statutes is amended to read:

SB357,152,21 346.65 (2) (e) Except as provided in par. (f), is guilty of a Class H felony and shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 6 months nor more than 5 years if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 5 or more, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

SB357, s. 340 Section 340. 346.65 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,153,3 346.65 (5) Except as provided in sub. (5m), any person violating s. 346.62 (4) shall be fined not less than $600 nor more than $2,000 and may be imprisoned for not less than 90 days nor more than 2 years and 3 months is guilty of a Class I felony.

SB357, s. 341 Section 341. 346.74 (5) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,153,9 346.74 (5) (b) Shall May be fined not less than $300 nor more than $5,000 $10,000 or imprisoned for not less than 10 days nor more than 2 years 9 months or both if the accident involved injury to a person but the person did not suffer great bodily harm.

SB357, s. 342 Section 342. 346.74 (5) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,153,14 346.74 (5) (c) May be fined not more than $10,000 or imprisoned not more than 3 years or both Is guilty of a Class I felony if the accident involved injury to a person and the person suffered great bodily harm.

SB357, s. 343 Section 343. 346.74 (5) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,153,19 346.74 (5) (d) May be fined not more than $10,000 or imprisoned not more than 7 years and 6 months or both Is guilty of a Class H felony if the accident involved death to a person.

SB357, s. 344 Section 344. 350.11 (2m) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,153,25 350.11 (2m) Any person who violates s. 350.135 (1) shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.

SB357, s. 345 Section 345. 351.07 (2) (a) of the statutes is renumbered 351.07 (2).

SB357, s. 346 Section 346. 351.07 (2) (b) of the statutes is repealed.

SB357, s. 347 Section 347. 446.07 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,154,7 446.07 Penalty. Anyone violating this chapter may be fined not less than $100 nor more than $500 $10,000 or imprisoned for not more than 2 years 9 months or both.

SB357, s. 348 Section 348. 447.09 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,154,14 447.09 Penalties. Any person who violates this chapter may be fined not more than $1,000 or imprisoned for not more than one year in the county jail or both for the first offense and may be fined not more than $2,500 or imprisoned for not more than 3 years or both is guilty of a Class I felony for the 2nd or subsequent conviction within 5 years.

SB357, s. 349 Section 349. 450.11 (9) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,154,20 450.11 (9) (b) Any person who delivers, or who possesses with intent to manufacture or deliver, a prescription drug in violation of this section 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. 350 Section 350. 450.14 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,154,25 450.14 (5) Any person who violates this section may be fined not less than $100 nor more than $1,000 or imprisoned for not less than one year nor more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 351 Section 351. 450.15 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,155,5 450.15 (2) Any person who violates this section may be fined not less than $100 nor more than $1,000 or imprisoned for not less than one year nor more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 352 Section 352. 551.58 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,155,15 551.58 (1) Any person who wilfully violates any provision of this chapter except s. 551.54, or any rule under this chapter, or any order of which the person has notice, or who violates s. 551.54 knowing or having reasonable cause to believe that the statement made was false or misleading in any material respect, 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. Each of the acts specified shall constitute a separate offense and a prosecution or conviction for any one of such offenses shall not bar prosecution or conviction for any other offense.

SB357, s. 353 Section 353. 552.19 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,155,24 552.19 (1) Any person, including a controlling person of an offeror or target company, who wilfully violates this chapter or any rule under this chapter, or any order of which the person has notice, 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. Each of the acts specified constitutes a separate offense and a prosecution or conviction for any one of the offenses does not bar prosecution or conviction for any other offense.

SB357, s. 354 Section 354. 553.52 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,156,11 553.52 (1) Any person who wilfully violates s. 553.41 (2) to (5) or any order of which the person has notice, or who violates s. 553.41 (1) knowing or having reasonable cause to believe either that the statement made was false or misleading in any material respect or that the failure to report a material event under s. 553.31 (1) was false or misleading in any material respect, 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 G felony. Each of the acts specified is a separate offense, and a prosecution or conviction for any one of those offenses does not bar prosecution or conviction for any other offense.

SB357, s. 355 Section 355. 553.52 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,156,19 553.52 (2) Any person who employs, directly or indirectly, any device, scheme or artifice to defraud in connection with the offer or sale of any franchise or engages, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person in connection with the offer or sale of any franchise 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 G felony.

SB357, s. 356 Section 356. 562.13 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,156,23 562.13 (3) Whoever violates s. 562.11 (2) or (3) 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. 357 Section 357. 562.13 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,157,3 562.13 (4) Whoever violates s. 562.09, 562.105, 562.11 (4) or 562.12 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. 358 Section 358. 565.50 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,157,9 565.50 (2) Any person who alters or forges a lottery ticket or share or intentionally utters or transfers an altered or forged lottery ticket or share 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 I felony.

SB357, s. 359 Section 359. 565.50 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,157,14 565.50 (3) Any person who possesses an altered or forged lottery ticket or share with intent to defraud shall be fined not more than $10,000 or imprisoned for not more than 3 years 9 months or both.

SB357, s. 360 Section 360. 601.64 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,157,24 601.64 (4) Criminal penalty. Whoever intentionally violates or intentionally permits any person over whom he or she has authority to violate or intentionally aids any person in violating any insurance statute or rule of this state, s. 149.13 or 149.144 or any effective order issued under s. 601.41 (4) may is guilty of a Class I felony, unless a specific penalty is provided elsewhere in the statutes, be fined not more than $10,000 if a corporation or if a natural person be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both. Intent has the meaning expressed under s. 939.23.

SB357, s. 361 Section 361. 609.88 of the statutes is created to read:

SB357,158,2 609.88 Coverage of immunizations. Managed care plans are subject to s. 632.895 (14).

SB357, s. 362 Section 362. 618.41 (6m) of the statutes is amended to read:

SB357,158,7 618.41 (6m) Rustproofing warranties insurance. An insurer issuing a policy of insurance to cover a warranty, as defined in s. 100.205 134.178 (1) (g), shall comply with s. 632.18 and the policy shall be on a form approved by the commissioner under s. 631.20.

SB357, s. 363 Section 363. 631.01 (1) (b) of the statutes is amended to read:

SB357,158,13 631.01 (1) (b) On business operations in this state if the contract is negotiated outside this state and if the operations in this state are incidental or subordinate to operations outside this state, unless the contract is for a policy of insurance to cover a warranty, as defined in s. 100.205 134.178 (1) (g), in which case the provisions set forth in sub. (4m) apply; and

SB357, s. 364 Section 364. 631.01 (4m) of the statutes is amended to read:

SB357,158,18 631.01 (4m) Rustproofing warranties insurance. An insurer issuing a policy of insurance to cover a warranty, as defined in s. 100.205 134.178 (1) (g), shall comply with s. 632.18 and the policy shall be on a form approved by the commissioner under s. 631.20.

SB357, s. 365 Section 365. 632.18 of the statutes is amended to read:

SB357,158,22 632.18 Rustproofing warranties insurance. A policy of insurance to cover a warranty, as defined in s. 100.205 134.178 (1) (g), shall fully cover the financial integrity of the warranty.

SB357, s. 366 Section 366. 632.895 (14) of the statutes is created to read:

SB357,158,24 632.895 (14) Coverage of immunizations. (a) In this subsection:

SB357,159,3 1. "Appropriate and necessary immunizations" means the administration of vaccine that meets the standards approved by the U.S. public health service for such biological products against at least all of the following:

SB357,159,4 a. Diphtheria.

SB357,159,5 b. Pertussis.

SB357,159,6 c. Tetanus.

SB357,159,7 d. Polio.

SB357,159,8 e. Measles.

SB357,159,9 f. Mumps.

SB357,159,10 g. Rubella.

SB357,159,11 h. Hemophilus influenza B.

SB357,159,12 i. Hepatitis B.

SB357,159,13 j. Varicella.

SB357,159,17 2. "Dependent" means a spouse, an unmarried child under the age of 19 years, an unmarried child who is a full-time student under the age of 21 years and who is financially dependent upon the parent, or an unmarried child of any age who is medically certified as disabled and who is dependent upon the parent.

SB357,159,22 (b) Except as provided in par. (d), every disability insurance policy, and every self-insured health plan of the state or a county, city, town, village or school district, that provides coverage for a dependent of the insured shall provide coverage of appropriate and necessary immunizations, from birth to the age of 6 years, for a dependent who is a child of the insured.

SB357,160,2 (c) The coverage required under par. (b) may not be subject to any deductibles, copayments or coinsurance under the policy or plan. This paragraph applies to a managed care plan, as defined in s. 609.01 (3c), only with respect to appropriate and necessary immunizations provided by providers participating, as defined in s. 609.01 (3m), in the plan.

SB357,160,3 (d) This subsection does not apply to any of the following:

SB357,160,4 1. A disability insurance policy that covers only certain specified diseases.

SB357,160,5 2. A disability insurance policy that covers only hospital and surgical charges.

SB357,160,8 3. A health care plan offered by a limited service health organization, as defined in s. 609.01 (3), or by a preferred provider plan, as defined in s. 609.01 (4), that is not a managed care plan, as defined in s. 609.01 (3c).

SB357,160,9 4. A long-term care insurance policy.

SB357,160,10 5. A medicare replacement policy.

SB357,160,11 6. A medicare supplement policy.

SB357, s. 367 Section 367. 641.19 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,160,20 641.19 (4) (a) Any person who wilfully violates or fails to comply with any provision of this chapter or the rules promulgated thereunder or who, knowingly, makes a false statement, a false representation of a material fact, or who fails to disclose a material fact in any registration, examination, statement or report required under this chapter or the rules promulgated thereunder, 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. 368 Section 368. 641.19 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,161,3 641.19 (4) (b) Any person who embezzles, steals, or unlawfully and wilfully abstracts or converts to his or her own use or to the use of another, any of the moneys, funds, securities, premiums, credits, property, or other assets of any employe welfare fund, or of any fund connected therewith, 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.

SB357, s. 369 Section 369. 704.90 (11) (title) of the statutes is amended to read:

SB357,161,6 704.90 (11) (title) Duties of the department of agriculture, trade and consumer protection justice.