AB128: Bill Text

AB128,109 Section 109. 77.27 of the statutes is amended to read:

AB128,36,9 77.27 Penalty for falsifying value. Any person who intentionally falsifies value on a return required to be filed under this subchapter may for each such offense be fined not more than $1,000 or imprisoned in the county jail not more than one year, or both is guilty of a Class A misdemeanor.

AB128,110 Section 110. 77.52 (12) of the statutes is amended to read:

AB128,36,22 77.52 (12) A person who operates as a seller in this state without a permit or after a permit has been suspended or revoked or has expired, unless the person has a temporary permit under sub. (11), and each officer of any corporation, partnership member, limited liability company member, or other person authorized to act on behalf of a seller who so operates, is guilty of a Class C misdemeanor. Except for a person who is registered in accordance with the agreement, as defined in s. 77.65 (2) (a), permits shall be held only by persons actively operating as sellers of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or taxable services. Any person not so operating shall forthwith surrender that person's permit to the department for cancellation. The department may revoke the permit of a person found not to be actively operating as a seller of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or taxable services.

AB128,111 Section 111. 77.52 (16) of the statutes is amended to read:

AB128,37,8 77.52 (16) Any person who gives a resale certificate for property, or items, property, or goods under sub. (1) (b), (c), or (d), or services which that person knows at the time of purchase is not to be resold by that person in the regular course of that person's operations as a seller for the purpose of evading payment to the seller of the amount of the tax applicable to the transaction is guilty of a Class C misdemeanor. Any person certifying to the seller that the sale of property, or items, property, or goods under sub. (1) (b), (c), or (d), or taxable service is exempt, knowing at the time of purchase that it is not exempt, for the purpose of evading payment to the seller of the amount of the tax applicable to the transaction, is guilty of a Class C misdemeanor.

AB128,112 Section 112. 77.52 (19) of the statutes is amended to read:

AB128,37,19 77.52 (19) The department shall by rule provide for the efficient collection of the taxes imposed by this subchapter on sales of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services by persons not regularly engaged in selling at retail in this state or not having a permanent place of business, but who are temporarily engaged in selling from trucks, portable roadside stands, concessions at fairs and carnivals, and the like. The department may authorize such persons to sell property or items, property or goods under sub. (1) (b), (c), or (d) or sell, perform, or furnish services on a permit or nonpermit basis as the department by rule prescribes, and failure of any person who fails to comply with such rules constitutes is guilty of a Class C misdemeanor.

AB128,113 Section 113. 77.53 (8) of the statutes is amended to read:

AB128,37,21 77.53 (8) Any person violating sub. (3) or (7) is guilty of a Class C misdemeanor.

AB128,114 Section 114. 77.60 (6) of the statutes is amended to read:

AB128,37,25 77.60 (6) Any person who fails to furnish any return required to be made or who fails to furnish any data required by the department is guilty of a Class C misdemeanor.

AB128,115 Section 115. 77.60 (7) of the statutes is amended to read:

AB128,38,6 77.60 (7) Any person, including an officer of a corporation, required to make, render, sign or verify any report or return required by this subchapter who makes a false or fraudulent report or return or who fails to furnish a report or return when due with the intent, in either case, to defeat or evade the tax imposed by this subchapter, is guilty of a Class C misdemeanor.

AB128,116 Section 116. 77.60 (10) of the statutes is amended to read:

AB128,38,12 77.60 (10) It is unlawful for any person to aid, abet or assist another in making any false or fraudulent return or false statement in any return required by this subchapter, with intent to defraud the state or evade payment of the tax, or any part thereof, imposed by this subchapter. Anyone in violation hereof shall be is guilty of a Class C misdemeanor.

AB128,117 Section 117. 77.61 (5) (g) of the statutes is amended to read:

AB128,38,16 77.61 (5) (g) Any person violating this subsection may be fined not less than $100 nor more than $500, or imprisoned not less than one month nor more than 6 months, or both is guilty of a Class B misdemeanor.

AB128,118 Section 118. 77.61 (6) (d) of the statutes is amended to read:

AB128,38,20 77.61 (6) (d) Any person who violates par. (a) shall upon conviction be fined not less than $100 nor more than $500 or imprisoned for not less than one month nor more than 6 months or both is guilty of a Class B misdemeanor.

AB128,119 Section 119. 77.61 (9) of the statutes is amended to read:

AB128,39,3 77.61 (9) The department may by rule require the filing, submission, preparation or retention of such information returns, exemption and resale certificates and other forms, reports and data as it requires for the proper administration of this subchapter. Any person who fails or refuses to file, submit, prepare or retain such returns, certificates, forms, reports or data, at the time and place and in the manner required, is guilty of a Class C misdemeanor for each such failure or refusal.

AB128,120 Section 120. 77.982 (4) of the statutes is amended to read:

AB128,39,9 77.982 (4) Persons who are subject to the tax under this subchapter shall register with the department of revenue. Any person who is required to register; including any person authorized to act on behalf of a corporation, partnership or other person who is required to register; who fails to do so is guilty of a Class C misdemeanor.

AB128,121 Section 121. 77.991 (4) of the statutes is amended to read:

AB128,39,15 77.991 (4) Persons who are subject to the tax under this subchapter shall register with the department of revenue. Any person who is required to register; including any person authorized to act on behalf of a corporation, partnership or other person who is required to register; who fails to do so is guilty of a Class C misdemeanor.

AB128,122 Section 122. 77.9951 (3) of the statutes is amended to read:

AB128,39,21 77.9951 (3) Persons who are subject to the fee under this subchapter shall register with the department of revenue. Any person who is required to register; including any person authorized to act on behalf of a corporation, partnership or other person who is required to register; who fails to do so is guilty of a Class C misdemeanor.

AB128,123 Section 123. 78.68 (6) of the statutes is amended to read:

AB128,39,25 78.68 (6) Any person who fails to furnish any return required to be made or who fails to furnish any data required by the department may be fined not more than $500 or imprisoned for not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,124 Section 124. 78.68 (7) of the statutes is amended to read:

AB128,40,8 78.68 (7) Any person, including an officer of a corporation or a manager of a limited liability company, who is required to make, render, sign or verify any report or return required by this chapter and who makes a false or fraudulent report or return or who fails to furnish a report or return when due with the intent, in either case, to defeat or evade the tax imposed by this subchapter may be fined not more than $500 or imprisoned for not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,125 Section 125. 78.68 (8) of the statutes is amended to read:

AB128,40,15 78.68 (8) No person may aid, abet or assist another in making any false or fraudulent return or false statement in any return required by this chapter with intent to defraud the state or evade payment of the tax, or any part thereof, imposed by this chapter. Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,126 Section 126. 78.73 (1) (intro.) of the statutes is amended to read:

AB128,40,19 78.73 (1) Acts forbidden. (intro.) Any person who does any of the following may be fined not more than $500 or imprisoned not more than 6 months or both is guilty of a Class B misdemeanor:

AB128,127 Section 127. 78.73 (2) of the statutes is amended to read:

AB128,40,24 78.73 (2) Selling without a license. Each day in which any person acts as a licensee without a license shall constitute a separate offense, and for each such offense may be fined not more than $5,000 or imprisoned in the county jail for not more than one year or both is a Class A misdemeanor.

AB128,128 Section 128. 78.73 (3) of the statutes is amended to read:

AB128,41,4 78.73 (3) Attempt to assign license. Any person who assigns or attempts to assign a license issued under this chapter, or who fails to display the license conspicuously at the person's place of business, shall be fined forfeit not more than $25 or imprisoned for not more than 10 days for each such offense.

AB128,129 Section 129. 78.73 (4) of the statutes is amended to read:

AB128,41,9 78.73 (4) Failure to report or pay. Any person who fails or refuses to make a report or payment as provided in this chapter shall be fined not more than $5,000 or imprisoned in the county jail for not more than one year or both is guilty of a Class A misdemeanor.

AB128,130 Section 130. 83.027 (12) of the statutes is amended to read:

AB128,41,15 83.027 (12) Unlawful use of highway; penalties. It is unlawful for any person to drive any vehicle into or from a controlled-access highway except through an opening provided for that purpose. Any person who violates this provision may be fined not more than $100 or imprisoned not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,131 Section 131. 84.25 (12) of the statutes is amended to read:

AB128,41,21 84.25 (12) Unlawful use of highway; penalties. It shall be unlawful for any person to drive any vehicle into or from a controlled-access highway except through an opening provided for that purpose. Any person who violates this provision shall be punished by a fine of not more than $100 or by imprisonment for not more than 30 days, or by both such fine and imprisonment is guilty of a Class C misdemeanor.

AB128,132 Section 132. 86.01 of the statutes is amended to read:

AB128,42,4 86.01 Materials left in highway; penalty. It shall be unlawful for any highway superintendent or any other person to leave any materials in the traveled portion of any highway not closed to public travel in piles or rows after sunset without placing within one hour after sunset upon such piles or at the end of such rows a lighted lantern containing sufficient oil or fuel to keep the same burning until daylight. Any person violating any of the provisions of this section shall be liable to a fine of forfeit not less than $10 nor more than $100.

AB128,133 Section 133. 86.021 (2) of the statutes is amended to read:

AB128,42,10 86.021 (2) Any person who shall violate the provisions of this section shall be guilty of a Class C misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $50, or by imprisonment in the county jail not less than 10 days nor more than 30 days, and shall in addition pay the whole cost of restoring the ditch or highway, or both, to their former condition.

AB128,134 Section 134. 86.022 of the statutes is amended to read:

AB128,42,17 86.022 Obstructing highway with embankment or ditch. Any person who shall willfully or maliciously make any ditch, depression or embankment or place any obstruction in any public highway intended or calculated to impede or incommode the use of such highway, or who shall place any obstruction in any ditch constructed to drain any highway, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of forfeit not less than $10 nor more than $100.

AB128,135 Section 135. 86.025 of the statutes is amended to read:

AB128,43,2 86.025 Camping on highways. It shall be unlawful for any person or persons to camp in wagons, tent or otherwise on the public highways or lands adjacent thereto, after a notice to remove therefrom by the owners of such adjacent lands, or the owner of land abutting on the highway, or by a member of the board of supervisors or any trustee of any town or village where such camping place is made. Any person or persons violating the provisions of who violates this section shall be deemed is guilty of a Class C misdemeanor, and upon conviction thereof shall be fined not exceeding $10, or imprisoned in the county jail not exceeding 30 days, or both.

AB128,136 Section 136. 86.03 (6) of the statutes is amended to read:

AB128,43,7 86.03 (6) Fines. Except as provided in sub. (7), any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed shall forfeit not more than $25 for each tree or shrub damaged, felled or destroyed.

AB128,137 Section 137. 86.03 (7) of the statutes is amended to read:

AB128,43,16 86.03 (7) Cutting of veterans memorial trees; penalty. No person may cut or trim any tree planted along any federal or state trunk highway as a memorial to the men and women who served in the armed forces of the United States in time of war, without the written permission of the department. Violations of this section shall be punishable by a fine of not less than $10 nor more than $200 or by imprisonment for not more than 30 days or both A person who violates this section is guilty of a Class C misdemeanor. Nothing in this section shall interfere with the rights of abutting property owners in those trees.

AB128,138 Section 138. 86.06 (2) of the statutes is amended to read:

AB128,44,2 86.06 (2) Any person who, without lawful authority, removes, takes down, alters the position of, destroys, passes over or beyond any barrier so erected, or travels with any vehicle upon any portion of a highway closed by barriers as in this section provided, or walks or travels in any manner upon the materials placed thereon as part of the repair or construction work, shall be liable to a fine of not less than $10 nor more than $100, or to imprisonment not less than 10 nor more than 60 days, or both, is guilty of a Class C misdemeanor and in addition thereto shall be is liable for all damages done to the highway, said damages to be recovered by such governmental agency.

AB128,139 Section 139. 86.07 (1) of the statutes is amended to read:

AB128,44,7 86.07 (1) Any person who draws, paints, prints or pastes upon any culvert, bridge or guard rail on any highway shall be fined not less than $10 nor more than $200 or imprisoned for not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,140 Section 140. 86.07 (2) of the statutes is amended to read:

AB128,45,3 86.07 (2) No person shall make any excavation or fill or install any culvert or make any other alteration in any highway or in any manner disturb any highway or bridge without a permit therefor from the highway authority maintaining the highway. Such permit shall contain the statement and be subject to the condition that the work shall be constructed subject to such rules and regulations as may be prescribed by said authority and be performed and completed to its satisfaction, and in the case of temporary alterations that the highway or bridge shall be restored to its former condition, and that the permittee shall be liable to the town or county or state, as the case may be, for all damages which occur during the progress of said work or as a result thereof. Nothing herein shall abridge the right of the department or the county board or its highway committee to make such additional rules, regulations and conditions not inconsistent herewith as may be deemed necessary and proper for the preservation of highways, or for the safety of the public, and to make the granting of any such permit conditional thereon. If any culvert is installed or any excavation or fill or any other alteration is made in violation of the provisions of this subsection, the highway may be restored to its former condition by the highway authority in charge of the maintenance thereof; and any person who violates this subsection shall be punished by a fine of not less than $5 nor more than $100, or by imprisonment not exceeding 6 months, or both is guilty of a Class B misdemeanor.

AB128,141 Section 141. 86.17 (2) of the statutes is amended to read:

AB128,45,8 86.17 (2) Any person who shall wantonly interfere with the free use of the water from any spring or in any creek or stream running across or in any highway shall be is guilty of a Class C misdemeanor and be is liable to any person damaged thereby for all damages sustained.

AB128,142 Section 142. 86.191 (5) of the statutes is amended to read:

AB128,45,14 86.191 (5) Any person who violates sub. (1), (3), or (4) shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than $25 nor more than $100 for each offense, or by imprisonment in the county jail for a period not exceeding 30 days, or by both such fine and imprisonment in the discretion of the court is guilty of a Class C misdemeanor.

AB128,143 Section 143. 86.192 (2) of the statutes is amended to read:

AB128,45,21 86.192 (2) Any person who violates this section shall be fined $25 for the first violation, $100 for a subsequent violation, or imprisoned not exceeding 30 days for the first violation, or 60 days for a subsequent violation, or both fined and imprisoned in the discretion of the court is guilty of a Class C misdemeanor. The court may, in addition, order any such person either to restore or replace any such damaged sign, mile post, signal or marker, or to pay the cost thereof.

AB128,144 Section 144. 87.17 of the statutes is amended to read:

AB128,46,7 87.17 Trespass, penalty. Any person who shall willfully, maliciously, or wantonly destroy, injure, remove, meddle or tamper destroys, injures, removes, meddles, or tampers with any portion of the improvements constructed pursuant to ss. 87.01 to 87.17, whether during construction or after completion of the same, or shall willfully, maliciously, or wantonly obstruct, interfere with or hamper obstructs, interferes with, or hampers the flood control board or any of its assistants, agents, servants, or employees, or any contractor employed by it in the work of constructing, repairing, reconstructing, operating, or maintaining the same, shall be is guilty of a Class A misdemeanor and upon conviction shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding $1,000, or both.

AB128,145 Section 145. 87.30 (2) (a) of the statutes is amended to read:

AB128,46,17 87.30 (2) (a) Except as provided in par. (b), every structure, building, fill, or development placed or maintained within any floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of any municipality, the state or any citizen thereof. Any person who places or maintains any structure, building, fill or development within any floodplain in violation of a zoning ordinance adopted under this section , or s. 59.69, 61.35 or 62.23 may be fined required to forfeit not more than $50 for each offense. Each day during which such violation exists is a separate offense.

AB128,146 Section 146. 88.82 (6) of the statutes is amended to read:

AB128,46,24 88.82 (6) Any drains which have been constructed by a drainage district dissolved under this section or under prior law shall remain common waterways for the use of all landowners in the dissolved district. Any such landowner may make repairs thereto at the landowner's own expense. Any person who in any manner obstructs or injures any such drain is liable for all damages caused to any person thereby and in addition may be fined required to forfeit not more than $100.

AB128,147 Section 147. 88.91 (2) of the statutes is amended to read:

AB128,47,4 88.91 (2) Any person violating this section may be fined required to forfeit not more than $100 and in addition is liable to the drainage district and to all persons whose ditches or lands are injured by such obstruction for all damages caused by the obstruction.

AB128,148 Section 148. 93.12 (6) of the statutes is amended to read:

AB128,47,9 93.12 (6) Laboratories required to apply to the department under sub. (2) shall not operate without a certificate of approval. Any lab which operates without a certificate of approval shall be fined forfeit not less than $100 nor more than $1,000. Each day such violation continues shall constitute a separate offense.

AB128,149 Section 149. 93.135 (1) (am) of the statutes is repealed.

AB128,150 Section 150. 93.21 (1) of the statutes is amended to read:

AB128,47,17 93.21 (1) Failing to furnish information. Any owner or manager of any creamery, cheese factory, butter factory, condensary or milk receiving plant, and any person dealing in or manufacturing dairy products, who fails to furnish the statement prescribed under s. 93.06 (2) to every person from whom milk is purchased or received, or who fails to comply with s. 93.07 (21), shall be fined not to exceed $200 or imprisoned in the county jail not to exceed 6 months or both.

AB128,151 Section 151. 93.21 (2) (a) of the statutes is repealed and recreated to read:

AB128,47,19 93.21 (2) (a) Is guilty of a Class B misdemeanor.

AB128,152 Section 152. 93.21 (4) of the statutes is amended to read:

AB128,47,25 93.21 (4) Failure to obey orders. Any person who willfully violates s. 93.14 (3) or 93.15 (3), or who willfully violates or refuses, neglects or fails to obey any order issued under s. 93.06 (3), shall, for each offense, be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both is guilty of a Class A misdemeanor.

AB128,153 Section 153. 93.21 (6) (a) of the statutes is repealed and recreated to read:

AB128,48,2 93.21 (6) (a) Is guilty of a Class A misdemeanor.