JR2 AB1: Bill Text

AB1,203,15 ( b) A person that maintains a Web site for the purpose of doing business in this state may not request a child to provide information through the Internet to the person that includes personal information about the child without making a reasonable effort to obtain the consent of the child's parent or legal guardian. For purposes of this paragraph, a "reasonable effort to obtain consent" includes requiring a child's parent or guardian to mail or send a facsimile consent form to the person, provide a credit card number to the person, or provide an electronic signature, as defined in s. 137.11 (8), to the person.

AB1,203,18 (c) A person who violates par. (a) or (b) may be required to forfeit not more than $10,000 for each violation. Each disclosure of or request for information about one resident or child constitutes a separate violation.

AB1,203,21 (d) The department of justice may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any act or practice constituting a violation of par. (a) or (b).

AB1,203,23 (2) Web site access. (a) A person that maintains a Web site for the purpose of doing business in this state shall do each of the following:

AB1,204,3 1. Display a notice on the home page of the Web site that states whether the person collects any information about visitors to the Web site and that describes any information that is collected and the purposes for which it is collected, including a description of any information that is sold or provided to 3rd parties. A notice required under this paragraph shall be in an easily comprehensible format.

AB1,204,7 2. If the person sells or provides information about visitors to the Web site to 3rd parties, allow a visitor to notify the person, at the time that the visitor visits the Web site, whether or not the visitor consents to the sale or provision of such information.

AB1,204,10 (b) If a visitor notifies a person under par. (a) that the visitor does not consent to the sale or provision of information specified in par. (a), the person may not sell or provide the information to 3rd parties.

AB1,204,14 (c) For purposes of par. (a), a person does not maintain a Web site for the purpose of doing business in this state if the person's involvement with the Web site is limited only to providing access to the Internet for another person that maintains the Web site for the purpose of doing business in this state.

AB1,204,16 (d) A person who violates par. (a) or (b) may be required to forfeit not more than $10,000 for each violation.

AB1, s. 324 Section 324. 146.345 (3) of the statutes is amended to read:

AB1,204,21 146.345 (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.

AB1, s. 325 Section 325. 146.35 (5) of the statutes is amended to read:

AB1,204,25 146.35 (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.

AB1, s. 326 Section 326. 146.50 (1) (a) of the statutes is renumbered 146.50 (1) (am).

AB1, s. 327 Section 327. 146.50 (1) (ag) of the statutes is created to read:

AB1,205,5 146.50 (1) (ag) "Act of terrorism" means a felony under ch. 939 to 951 that is committed with intent to terrorize and is committed under any of the following circumstances:

AB1,205,7 1. The person committing the felony causes bodily harm, great bodily harm, or death to another.

AB1,205,11 2. The person committing the felony causes damage to the property of another and the total property damaged is reduced in value by $25,000 or more. For purposes of this subdivision, property is reduced in value by the amount that it would cost either to repair or replace it, whichever is less.

AB1,205,13 3. The person committing the felony uses force or violence or the threat of force or violence.

AB1, s. 328 Section 328. 146.50 (1) (hr) of the statutes is created to read:

AB1,205,17 146.50 (1) (hr) "Governmental unit" means the United States; the state; any county, city, village, or town; or any political subdivision, department, division, board, or agency of the United States, the state, or any county, city, village, or town.

AB1, s. 329 Section 329. 146.50 (1) (ig) of the statutes is created to read:

AB1,205,22 146.50 (1) (ig) "Intent to terrorize" means intent to influence the policy of a governmental unit by intimidation or coercion, to punish a governmental unit for a prior policy decision, to affect the conduct of a governmental unit by homicide or kidnapping, or to intimidate or coerce a civilian population.

AB1, s. 330 Section 330. 146.50 (6) (a) 2. of the statutes is amended to read:

AB1,206,2 146.50 (6) (a) 2. Have satisfactorily completed a course of instruction and training, including training for response to acts of terrorism, prescribed by the department or have presented evidence satisfactory to the department of sufficient education and training in the field of emergency care.

AB1, s. 331 Section 331. 146.50 (6) (b) 2. of the statutes is amended to read:

AB1,206,7 146.50 (6) (b) 2. The department, in conjunction with the technical college system board, shall promulgate rules specifying training, education , or examination requirements, including requirements for training for response to acts of terrorism, for license renewals for emergency medical technicians.

AB1, s. 332 Section 332. 146.50 (8) (b) 3. of the statutes is amended to read:

AB1,206,12 146.50 (8) (b) 3. The individual satisfactorily completes a first responder course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under 23 CFR 1205.3 (a) (5), that includes training for response to acts of terrorism, and that is approved by the department.

AB1, s. 333 Section 333. 146.50 (8) (c) of the statutes is amended to read:

AB1,206,19 146.50 (8) (c) To be eligible for a renewal of a certificate as a first responder, except as provided in ss. 146.51 and 146.52, the holder of the certificate shall satisfactorily complete a first responder refresher course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under 23 CFR 1205.3 (a) (5), that includes training for response to acts of terrorism, and that is approved by the department.

AB1, s. 334 Section 334. 146.55 (1) (a) of the statutes is amended to read:

AB1,206,23 146.55 (1) (a) "Ambulance service" means the business of transporting sick, disabled, or injured individuals by ambulance, as defined in s. 146.50 (1) (a) (am), to or from facilities or institutions providing health services.

AB1, s. 335 Section 335. 146.60 (9) (am) of the statutes is amended to read:

AB1,207,3 146.60 (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.

AB1, s. 336 Section 336. 146.70 (10) (a) of the statutes is amended to read:

AB1,207,10 146.70 (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.

AB1, s. 337 Section 337. 154.15 (2) of the statutes is amended to read:

AB1,207,18 154.15 (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.

AB1, s. 338 Section 338. 154.29 (2) of the statutes is amended to read:

AB1,208,2 154.29 (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.

AB1, s. 339 Section 339. 165.85 (4) (b) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,209,19 165.85 (4) (b) 1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. The program shall include 400 hours of training, except the program for law enforcement officers who serve as rangers for the department of natural resources includes 240 hours of training. The board shall promulgate a rule under ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The rule shall ensure that there is an adequate amount of training for each program to enable the person to deal effectively with domestic abuse incidents, including training that addresses the emotional and psychological effect that domestic abuse has on victims. The training under this subdivision shall include training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11) and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements and locating appropriate facilities for the emergency detentions and emergency protective placements of persons. The training under this subdivision shall include at least one hour of instruction on recognizing the symptoms of Alzheimer's disease or other related dementias and interacting with and assisting persons who have Alzheimer's disease or other related dementias. The training under this subdivision shall include training on police pursuit standards, guidelines and driving techniques established under par. (cm) 2. b. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employee of the employing agency or unit of government. Law enforcement training programs including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements.

AB1, s. 340 Section 340. 165.85 (4) (b) 1d. of the statutes is created to read:

AB1,209,22 165.85 (4) (b) 1d. Any training program developed under subd. 1. shall include all of the following:

AB1,209,25 a. An adequate amount of training to enable the person being trained to deal effectively with domestic abuse incidents, including training that addresses the emotional and psychological effect that domestic abuse has on victims.

AB1,210,7 b. Training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11), and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements, and locating appropriate facilities for the emergency detentions and emergency protective placements of persons.

AB1,210,10 c. At least one hour of instruction on recognizing the symptoms of Alzheimer's disease or other related dementias and interacting with and assisting persons who have Alzheimer's disease or other related dementias.

AB1,210,12 d. Training on police pursuit standards, guidelines, and driving techniques established under par. (cm) 2. b.

AB1,210,13 e. Training on responding to an act of terrorism, as defined in s. 146.50 (1) (ag).

AB1, s. 341 Section 341. 166.20 (11) (b) of the statutes is amended to read:

AB1,210,18 166.20 (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:

AB1,210,22 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.

AB1,211,2 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.

AB1, s. 342 Section 342. 167.10 (9) (g) of the statutes is amended to read:

AB1,211,6 167.10 (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.

AB1, s. 343 Section 343. 175.20 (3) of the statutes is amended to read:

AB1,211,12 175.20 (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.

AB1, s. 344 Section 344. 180.0129 (2) of the statutes is amended to read:

AB1,211,15 180.0129 (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.

AB1, s. 345 Section 345. 181.0129 (2) of the statutes is amended to read:

AB1,211,19 181.0129 (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.

AB1, s. 346 Section 346. 185.825 of the statutes is amended to read:

AB1,211,24 185.825 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.

AB1, s. 347 Section 347. 201.09 (2) of the statutes is amended to read:

AB1,212,7 201.09 (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.

AB1, s. 348 Section 348. 214.93 of the statutes is amended to read:

AB1,212,13 214.93 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.

AB1, s. 349 Section 349. 215.02 (6) (b) of the statutes is amended to read:

AB1,212,24 215.02 (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.

AB1, s. 350 Section 350. 215.12 of the statutes is amended to read:

AB1,213,11 215.12 Penalty for dishonest acts; falsification of records. Every officer, director, employee 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, employee 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.

AB1, s. 351 Section 351. 215.21 (21) of the statutes is amended to read:

AB1,213,23 215.21 (21) Penalty for giving or accepting money for loans. Every officer, director, employee 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, employee 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, employee or agent to solicit mortgage loans and to pay the officer, employee or agent on a fee basis.

AB1, s. 352 Section 352. 218.21 (7) of the statutes is amended to read:

AB1,214,4 218.21 (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.

AB1, s. 353 Section 353. 220.06 (2) of the statutes is amended to read:

AB1,214,13 220.06 (2) If any employee in the division or any member of the banking review board or any employee 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.

AB1, s. 354 Section 354. 221.0625 (2) (intro.) of the statutes is amended to read:

AB1,214,17 221.0625 (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:

AB1, s. 355 Section 355. 221.0636 (2) of the statutes is amended to read:

AB1,214,20 221.0636 (2) Penalty. Any person who violates sub. (1) may be imprisoned for not more than 30 years is guilty of a Class H felony.

AB1, s. 356 Section 356. 221.0637 (2) of the statutes is amended to read:

AB1,214,24 221.0637 (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.

AB1, s. 357 Section 357. 221.1004 (2) of the statutes is amended to read:

AB1,215,3 221.1004 (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.

AB1, s. 358 Section 358. 224.30 (2) of the statutes is repealed.

AB1, s. 359 Section 359. 227.01 (13) (sm) of the statutes is created to read:

AB1,215,6 227.01 (13) (sm) Establishes sentencing guidelines under s. 973.30 (1) (c).