SB137: Bill Text

SB137, s. 66 Section 66. 70.47 (18) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,26,5 70.47 (18) (a) Whoever with intent to injure or defraud alters, damages, removes or conceals any of the items specified under subs. (8) (f) and (17) may be fined not more than $1,000 or imprisoned for not more than 2 years or both.

SB137, s. 67 Section 67. 71.83 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,26,17 71.83 (2) (b) Felony. 1. `False income tax return; fraud.' Any person, other than a corporation or limited liability company, who renders a false or fraudulent income tax return with intent to defeat or evade any assessment required by this chapter shall be guilty of a felony and may be fined not more than $10,000 or imprisoned for not more than 5 years or both, together with the cost of prosecution. In this subdivision, "return" includes a separate return filed by a spouse with respect to a taxable year for which a joint return is filed under s. 71.03 (2) (g) to (L) after the filing of that separate return, and a joint return filed by the spouses with respect to a taxable year for which a separate return is filed under s. 71.03 (2) (m) after the filing of that joint return.

SB137,26,24 2. `Officer of a corporation; false franchise or income tax return.' Any officer of a corporation or manager of a limited liability company required by law to make, render, sign or verify any franchise or income tax return, who makes any false or fraudulent franchise or income tax return, with intent to defeat or evade any assessment required by this chapter shall be guilty of a felony and may be fined not more than $10,000 or imprisoned for not more than 5 years or both, together with the costs of prosecution.

SB137,27,5 3. `Evasion.' Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized with intent to evade or defeat the assessment or collection of any tax administered by the department may be fined not more than $5,000 or imprisoned for not more than 3 years or both, together with the costs of prosecution.

SB137,27,11 4. `Fraudulent claim for credit.' The claimant who filed a claim for credit under s. 71.07, 71.28 or 71.47 or subch. VIII or IX that is false or excessive and was filed with fraudulent intent and any person who assisted in the preparation or filing of the false or excessive claim or supplied information upon which the false or excessive claim was prepared, with fraudulent intent, may be fined not more than $10,000 or imprisoned for not more than 5 years or both, together with the costs of prosecution.

SB137, s. 68 Section 68. 86.192 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,27,16 86.192 (4) Any person who violates this section shall be fined not more than $10,000 or imprisoned for not more than 2 years or both if the injury, defacement or removal causes the death of a person.

SB137, s. 69 Section 69. 97.43 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,27,20 97.43 (4) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 5 years or both.

SB137, s. 70 Section 70. 97.45 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,27,24 97.45 (2) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 5 years or both.

SB137, s. 71 Section 71. 100.171 (7) (b) of the statutes is amended to read:

SB137,28,5 100.171 (7) (b) Whoever intentionally violates this section may be fined not more than $10,000 or imprisoned for not more than 3 2 years or both. A person intentionally violates this section if the violation occurs after the department or a district attorney has notified the person by certified mail that the person is in violation of this section.

SB137, s. 72 Section 72. 100.26 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,28,10 100.26 (2) Any person violating s. 100.02 shall be fined not less than $50 nor more than $3,000 or imprisoned for not less than 30 days nor more than 3 years, or both.

SB137, s. 73 Section 73. 100.26 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,28,16 100.26 (5) Any person violating s. 100.06 or any order or regulation of the department thereunder, or s. 100.18 (9), shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than one year or both. Each day of violation constitutes a separate offense.

SB137, s. 74 Section 74. 100.26 (7) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,28,23 100.26 (7) Any person violating s. 100.182 shall be fined not less than $500 nor more than $5,000 or imprisoned for not more than one year or both for each offense. Each unlawful advertisement published, printed or mailed on separate days or in separate publications, hand bills or direct mailings is a separate violation of this section.

SB137, s. 75 Section 75. 101.143 (10) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,29,4 101.143 (10) (b) Any owner or operator, person owning a home oil tank system or service provider who intentionally destroys a document that is relevant to a claim for reimbursement under this section may be fined not more than $10,000 or imprisoned for not more than 10 years or both.

SB137, s. 76 Section 76. 101.94 (8) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,29,10 101.94 (8) (b) Any individual or a director, officer or agent of a corporation who knowingly and wilfully violates this subchapter in a manner that threatens the health or safety of a purchaser shall be fined not more than $1,000 or imprisoned for not more than one year or both.

SB137, s. 77 Section 77. 102.835 (11) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,29,17 102.835 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 3 years or both, and shall be liable to the state for the costs of prosecution.

SB137, s. 78 Section 78. 102.835 (18) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,29,25 102.835 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employe by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever wilfully violates this subsection may be fined not more than $1,000 or imprisoned for not more than one year or both.

SB137, s. 79 Section 79. 102.85 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,30,5 102.85 (3) An employer who violates an order to cease operations under s. 102.28 (4) may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

SB137, s. 80 Section 80. 106.215 (8g) (b) of the statutes is amended to read:

SB137,30,12 106.215 (8g) (b) If the department of corrections is a sponsor of a project that is approved under this subsection, the corps members on the project shall be prisoners in state prison, probationers, or parolees or persons on extended supervision and the members of the project shall receive applicable alcohol or other drug abuse treatment and educational programming services for a portion of each work week, but not to exceed 8 hours per work week.

SB137, s. 81 Section 81. 108.225 (11) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,30,19 108.225 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 3 years or both, and shall be liable to the state for the costs of prosecution.

SB137, s. 82 Section 82. 108.225 (18) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,31,2 108.225 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employe by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever wilfully violates this subsection may be fined not more than $1,000 or imprisoned for not more than one year or both.

SB137, s. 83 Section 83. 111.32 (3) of the statutes is amended to read:

SB137,31,8 111.32 (3) "Conviction record" includes, but is not limited to, information indicating that an individual has been convicted of any felony, misdemeanor or other offense, has been adjudicated delinquent, has been less than honorably discharged, or has been placed on probation, fined, imprisoned, placed on extended supervision or paroled pursuant to any law enforcement or military authority.

SB137, s. 84 Section 84. 114.20 (18) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,31,15 114.20 (18) (c) Any person who knowingly makes a false statement in any application or in any other document required to be filed with the department, foregoes the submission of any application, document, or any registration certificate or transfer shall be fined not more than $5,000 or imprisoned for not more than 5 years or both.

SB137, s. 85 Section 85. 125.075 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,31,19 125.075 (2) Whoever violates sub. (1) may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

SB137, s. 86 Section 86. 125.085 (3) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,31,24 125.085 (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 2 years or both.

SB137, s. 87 Section 87. 125.105 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,32,5 125.105 (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 5 years or both.

SB137, s. 88 Section 88. 125.66 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,32,12 125.66 (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 10 years or both. Second or subsequent convictions shall be punished by both the fine and imprisonment.

SB137, s. 89 Section 89. 125.68 (12) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,32,17 125.68 (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 10 years or both.

SB137, s. 90 Section 90. 125.68 (12) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,32,23 125.68 (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 10 years.

SB137, s. 91 Section 91. 132.13 (1) (a) of the statutes is amended to read:

SB137,33,18 132.13 (1) (a) All goods, wares, and merchandise made wholly or in part by convict labor in any penitentiary, prison, reformatory or other establishment in which convict labor is employed except convicts or prisoners on parole , extended supervision or probation, shall before being exposed for sale be branded, labeled, marked or tagged as herein provided and shall not be exposed for sale or sold in this state without such brand, label, mark or tag. Such brand, label, mark or tag shall contain at the head or top thereof the words "convict-made" followed by the name of the penitentiary, prison, or other establishment in which it was made in plain English lettering of the style and size known as eighteen point Cheltenham bold type capitals. The brand or mark shall in all cases where the nature of the articles will permit be placed on each individual article or part of such article that is sold, and only where such branding or marking is impossible shall a label or tag be used and where a label is used it shall be securely pasted onto each such article and when a tag is used it shall be a paper tag securely fastened to such article or part of article sold. In addition to the marking of each article or part of article sold a similar brand, mark, label or tag shall be placed upon the outside or upon its box, crate, or other covering. All brands, labels, marks, and tags shall be placed on a conspicuous part of such article or part of article and its container.

SB137, s. 92 Section 92. 132.20 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,33,25 132.20 (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, if the person is an individual, be fined not more than $250,000 or imprisoned for not more than 5 years or both, or, if the person is not an individual, be fined not more than $1,000,000.

SB137, s. 93 Section 93. 133.03 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,34,8 133.03 (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 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 5 years or both.

SB137, s. 94 Section 94. 133.03 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,34,15 133.03 (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 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 5 years or both.

SB137, s. 95 Section 95. 134.05 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,34,20 134.05 (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 one year.

SB137, s. 96 Section 96. 134.16 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,35,9 134.16 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 10 years or fined not more than $10,000.

SB137, s. 97 Section 97. 134.20 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,35,13 134.20 (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 5 years or both:

SB137, s. 98 Section 98. 134.205 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,35,18 134.205 (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 5 years or both.

SB137, s. 99 Section 99. 134.58 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,36,2 134.58 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 3 years or both.

SB137, s. 100 Section 100. 139.44 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,36,11 139.44 (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 10 years.

SB137, s. 101 Section 101. 139.44 (1m) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,36,16 139.44 (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 10 years.

SB137, s. 102 Section 102. 139.44 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,36,22 139.44 (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 be fined not less than $1,000 nor more than $5,000 or imprisoned not less than 90 days nor more than one year or both.

SB137, s. 103 Section 103. 139.44 (8) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,37,2 139.44 (8) (c) If the number of cigarettes exceeds 36,000, a fine of not more than $10,000 or imprisonment for not more than 2 years or both.

SB137, s. 104 Section 104. 139.95 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,37,8 139.95 (2) A dealer who possesses a schedule I controlled substance or schedule II controlled substance 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 5 years or both.

SB137, s. 105 Section 105. 139.95 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,37,18 139.95 (3) 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 a counterfeit stamp to a schedule I controlled substance or schedule II controlled substance or who possesses a schedule I controlled substance or schedule II controlled substance to which a false, altered or counterfeit stamp is affixed may be fined not more than $10,000 or imprisoned for not less than one year nor more than 10 years or both.

SB137, s. 106 Section 106. 146.345 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,37,22 146.345 (3) Any person who violates this section may be fined not more than $50,000 or imprisoned for not more than 5 years or both.

SB137, s. 107 Section 107. 146.35 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,38,2 146.35 (5) Whoever violates sub. (2) may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

SB137, s. 108 Section 108. 146.60 (9) (am) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

SB137,38,7 146.60 (9) (am) For a 2nd or subsequent violation under par. (ag), a person shall be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than one year or both.