2001 Wisconsin Act 109

109,284m Section 284m. 121.05 (1) (a) 13. of the statutes is created to read:

121.05 (1) (a) 13. Pupils attending the Youth Challenge program under s. 21.26.

109,285 Section 285. 121.07 (7) (a) of the statutes is amended to read:

121.07 (7) (a) The "primary guaranteed valuation per member" is $2,000,000 $1,930,000.

109,285m Section 285m. 121.095 of the statutes is created to read:

121.095 State aid adjustment; Youth Challenge program. (1) Annually the department shall reduce each school district's state aid payment under s. 121.08, or other state aid payments, if necessary, by an amount calculated as follows:

(a) Determine the number of pupils counted in the school district's membership who are attending the Youth Challenge program under s. 21.26.

(b) Multiply the result under par. (a) by the lesser of the following:

1. The amount determined by the department of military affairs under s. 21.26 (2) (a).

2. The amount determined for the school district under s. 121.91 (2m) (e) 3. for the current school year.

(2) From the appropriation under s. 20.255 (2) (ac), annually the department of public instruction shall pay to the department of military affairs an amount equal to the sum of the reductions under sub. (1). The department of public instruction shall ensure that the aid adjustment under sub. (1) does not affect the amount determined to be received by a school district as state aid under s. 121.08 or for any other purpose.

109,286 Section 286. 121.15 (3m) (a) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 121.15 (3m) (a) 1. (intro.) and amended to read:

121.15 (3m) (a) 1. (intro.) "Partial school revenues" means the sum of state school aids, other than the amounts appropriated under s. 20.255 (2) and (cv), property taxes levied for school districts and aid paid to school districts under s. 79.095 (4), less the all of the following:

a. The amount of any revenue limit increase under s. 121.91 (4) (a) 2. due to a school board's increasing the services that it provides by adding responsibility for providing a service transferred to it from another school board, less the.

b. The amount of any revenue limit increase under s. 121.91 (4) (a) 3., less the

c. The amount of any revenue limit increase under s. 121.91 (4) (j), less the.

d. The amount of any revenue limit increase under s. 121.91 (4) (h), less the.

e. The amount of any property taxes levied for the purpose of s. 120.13 (19), and less an.

f. An amount equal to 45% of the amount estimated to be paid under s. 119.23 (4) and (4m).

109,287 Section 287. 121.15 (3m) (a) 1. g. of the statutes is created to read:

121.15 (3m) (a) 1. g. The amount by which the property tax levy for debt service on debt that has been approved by a referendum exceeds $490,000,000.

109,287d Section 287d. 121.15 (3m) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

121.15 (3m) (a) 2. "State school aids" means those aids appropriated under s. 20.255 (1) (b) and (2), other than s. 20.255 (2) (fm), (fu), (k), and (m), and under ss. 20.275 (1) (d), 20.255 (4) (es), (et) and (f) and 20.285 (1) (ee), (r) and (rc) and those aids appropriated under s. 20.275 (1) 20.255 (4) (s) that are used to provide grants or educational telecommunications access to school districts under s. 44.73 115.9995.

109,287m Section 287m. 121.15 (3m) (b) of the statutes is amended to read:

121.15 (3m) (b) By May 15, 1999 2003, and annually by May 15 thereafter, the department, the department of administration and the legislative fiscal bureau shall jointly certify to the joint committee on finance an estimate of the amount necessary to appropriate under s. 20.255 (2) (ac) in the following school year to ensure that the sum of state school aids and the school levy tax credit under s. 79.10 (4) equals two-thirds of partial school revenues.

109,288 Section 288. 121.15 (3m) (c) of the statutes is amended to read:

121.15 (3m) (c) By June 30, 1999 2004, and annually biennially by June 30 thereafter, the joint committee on finance shall determine the amount appropriated under s. 20.255 (2) (ac) in the following school year.

109,288m Section 288m. 121.90 (1) (intro.) of the statutes is amended to read:

121.90 (1) (intro.) "Number of pupils enrolled" means the number of pupils enrolled on the 3rd Friday of September, including pupils identified in s. 121.05 (1) (a) 1. to 11., and the number of pupils enrolled in the previous school year who were attending the Youth Challenge program in the previous school year, except that "number of pupils enrolled" excludes the number of pupils attending public school under s. 118.145 (4) and except as follows:

109,289 Section 289. 125.075 (2) of the statutes is renumbered 125.075 (2) (a) and amended to read:

125.075 (2) (a) Whoever violates sub. (1) 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 if the underage person suffers great bodily harm, as defined in s. 939.22 (14).

109,290 Section 290. 125.075 (2) (b) of the statutes is created to read:

125.075 (2) (b) Whoever violates sub. (1) is guilty of a Class G felony if the underage person dies.

109,291 Section 291. 125.085 (3) (a) 2. of the statutes is amended to read:

125.085 (3) (a) 2. Any person who violates subd. 1. for money or other consideration 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.

109,292 Section 292. 125.105 (2) (b) of the statutes is amended to read:

125.105 (2) (b) Whoever violates sub. (1) to commit, or abet the commission of, a crime 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.

109,293 Section 293. 125.66 (3) of the statutes is amended to read:

125.66 (3) Any person manufacturing or rectifying intoxicating liquor without holding appropriate permits under this chapter, or any person who sells such liquor, shall be fined not more than $10,000 or imprisoned for not more than 15 years or both. Second or subsequent convictions shall be punished by both the fine and imprisonment is guilty of a Class F felony.

109,294 Section 294. 125.68 (12) (b) of the statutes is amended to read:

125.68 (12) (b) Whoever violates par. (a) shall 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.

109,295 Section 295. 125.68 (12) (c) of the statutes is amended to read:

125.68 (12) (c) Any person causing the death of another human being through the selling or otherwise disposing of, for beverage purposes, either denatured alcohol or alcohol or alcoholic liquid redistilled from denatured alcohol, shall be imprisoned for not more than 15 years is guilty of a Class E felony.

109,296 Section 296. 132.20 (2) of the statutes is amended to read:

132.20 (2) Any person who, with intent to deceive, traffics or attempts to traffic in this state in a counterfeit mark or in any goods or service bearing or provided under a counterfeit mark shall is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), if the person is an individual, he or she may be fined not more than $250,000 or imprisoned for not more than 7 years and 6 months or both, or, and if the person is not an individual, the person may be fined not more than $1,000,000.

109,297 Section 297. 133.03 (1) of the statutes is amended to read:

133.03 (1) Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce is illegal. Every person who makes any contract or engages in any combination or conspiracy in restraint of trade or commerce 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 $100,000 if a corporation, or, if any other person, may be fined not more than $50,000 or imprisoned for not more than 7 years and 6 months or both.

109,298 Section 298. 133.03 (2) of the statutes is amended to read:

133.03 (2) Every person who monopolizes, or attempts to monopolize, or combines or conspires with any other person or persons to monopolize any part of trade or commerce 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 $100,000 if a corporation, or, if any other person, may be fined not more than $50,000 or imprisoned for not more than 7 years and 6 months or both.

109,298n Section 298n. 133.16 of the statutes is amended to read:

133.16 Injunction; pleading; practice. Any circuit court may prevent or restrain, by injunction or otherwise, any violation of this chapter. The department of justice, any district attorney or any person by complaint may institute actions or proceedings to prevent or restrain a violation of this chapter, setting forth the cause and grounds for the intervention of the court and praying that such violation, whether intended or continuing be enjoined or prohibited. When the parties informed against or complained of have been served with a copy of the information or complaint and cited to answer it, the court shall proceed, as soon as may be in accordance with its rules, to the hearing and determination of the case; and pending the filing of the answer to such information or complaint may, at any time, upon proper notice, make such temporary restraining order or prohibition as is just. Whenever it appears to the court that the ends of justice require that other persons be made parties to the action or proceeding the court may cause them to be made parties in such manner as it directs. The party commencing or maintaining the action or proceeding may demand and recover the cost of suit including reasonable attorney fees. In an action commenced by the department of justice, the court may award the department of justice the reasonable and necessary costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation. The department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the costs of suit, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh). Copies of all pleadings filed under this section shall be served on the department of justice.

109,299 Section 299. 134.05 (4) of the statutes is amended to read:

134.05 (4) Whoever violates sub. (1), (2) or (3) shall be punished by a fine of not less than $10 nor more than $500 or by such fine and by imprisonment for not more than 2 years may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

109,300 Section 300. 134.16 of the statutes is amended to read:

134.16 Fraudulently receiving deposits. Any officer, director, stockholder, cashier, teller, manager, messenger, clerk or agent of any bank, banking, exchange, brokerage or deposit company, corporation or institution, or of any person, company or corporation engaged in whole or in part in banking, brokerage, exchange or deposit business in any way, or any person engaged in such business in whole or in part, who shall accept or receive, on deposit, or for safekeeping, or to loan, from any person any money, or any bills, notes or other paper circulating as money, or any notes, drafts, bills of exchange, bank checks or other commercial paper for safekeeping or for collection, when he or she knows or has good reason to know that such bank, company or corporation or that such person is unsafe or insolvent shall be imprisoned in the Wisconsin state prisons for not less than one year nor more than 15 years or fined not more than $10,000 is guilty of a Class F felony.

109,301 Section 301. 134.20 (1) (intro.) of the statutes is amended to read:

134.20 (1) (intro.) Whoever, with intent to defraud, does any of the following 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 H felony:

109,302 Section 302. 134.205 (4) of the statutes is amended to read:

134.205 (4) Whoever, with intent to defraud, issues a warehouse receipt without entering the same in a register as required by this section 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 H felony.

109,303 Section 303. 134.58 of the statutes is amended to read:

134.58 Use of unauthorized persons as officers. Any person who, individually, in concert with another or as agent or officer of any firm, joint-stock company or corporation, uses, employs, aids or assists in employing any body of armed persons to act as militia, police or peace officers for the protection of persons or property or for the suppression of strikes, not being authorized by the laws of this state to so act, shall be fined not more than $1,000 or imprisoned for not less than one year nor more than 4 years and 6 months or both is guilty of a Class I felony.

109,312m Section 312m. 134.71 (12) of the statutes is amended to read:

134.71 (12) Applications and forms. The department of agriculture, trade and consumer protection, in consultation with the department of justice, shall develop applications and other forms required under subs. (5) (intro.) and (8) (c). The department of agriculture, trade and consumer protection shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers and secondhand jewelry dealers at no cost.

109,313g Section 313g. 134.74 of the statutes is created to read:

134.74 Nondisclosure of information on receipts. (1) In this section:

(a) "Credit card" has the meaning given in s. 421.301 (15).

(b) "Debit card" means a plastic card or similar device that may be used to purchase goods or services by providing the purchaser with direct access to the purchaser's account at a depository institution.

(c) "Depository institution" means a bank, savings bank, savings and loan association, or credit union.

(2) Beginning on the first day of the 37th month beginning after the effective date of this subsection .... [revisor inserts date], no person who is in the business of selling goods at retail or selling services and who accepts a credit card or a debit card for the purchase of goods or services may issue a credit card or debit card receipt, for that purchase, on which is printed more than 5 digits of the credit card or debit card number.

(3) This section does not apply to any person who issues a credit card or debit card receipt that is handwritten or that is manually prepared by making an imprint of the credit card or debit card.

109,314m Section 314m. 136.03 (title) of the statutes is amended to read:

136.03 (title) Duties of the department of agriculture, trade and consumer protection justice.

109,314p Section 314p. 136.03 (1) (intro.) of the statutes is amended to read:

136.03 (1) (intro.) The department of agriculture, trade and consumer protection of justice shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department of justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department of justice may in on behalf of the state:

109,314r Section 314r. 136.04 of the statutes is amended to read:

136.04 Powers of the department of agriculture, trade and consumer protection justice. (1) The department of agriculture, trade and consumer protection justice may adopt such rules as may be required to carry out the purposes of this chapter.

(2) The department of agriculture, trade and consumer protection justice after public hearing may issue general or special orders to carry out the purposes of this chapter and to determine and prohibit unfair trade practices in business or unfair methods of competition in business pursuant to s. 100.20 (2) to (4).

109,316 Section 316. 139.44 (1) of the statutes is amended to read:

139.44 (1) 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 the same to any package or container of cigarettes, or who possesses with the intent to sell any cigarettes in containers to which false, altered or counterfeit stamps have been affixed shall be imprisoned for not less than one year nor more than 15 years is guilty of a Class G felony.

109,317 Section 317. 139.44 (1m) of the statutes is amended to read:

139.44 (1m) Any person who falsely or fraudulently tampers with a cigarette meter in order to evade the tax under s. 139.31 shall be imprisoned for not less than one year nor more than 15 years is guilty of a Class G felony.

109,318 Section 318. 139.44 (2) of the statutes is amended to read:

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.

109,319 Section 319. 139.44 (8) (c) of the statutes is amended to read:

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.

109,320 Section 320. 139.85 (1) of the statutes is amended to read:

139.85 (1) The interest and penalties under s. 139.44 (2) to (7) and (9) to (12) apply to this subchapter. In addition, a person who violates s. 139.82 (8) 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 one year 9 months or both.

109,321 Section 321. 139.95 (2) of the statutes is amended to read:

139.95 (2) A dealer who possesses a schedule I controlled substance, a schedule II controlled substance or ketamine or flunitrazepam 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.