SB357: Bill Text

SB357,96,23 101.94 (8) (b) Any individual or a director, officer or agent of a corporation who knowingly and wilfully violates this subchapter in a manner which threatens the health or safety of a purchaser shall may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

SB357, s. 180 Section 180. 102.835 (11) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,97,6 102.835 (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 4 years and 6 months or both, is guilty of a Class I felony and shall be liable to the state for the costs of prosecution.

SB357, s. 181 Section 181. 102.835 (18) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,97,14 102.835 (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 $10,000 or imprisoned for not more than 2 years 9 months or both.

SB357, s. 182 Section 182. 102.85 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,97,19 102.85 (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 3 years or both is guilty of a Class I felony.

SB357, s. 183 Section 183. 108.225 (11) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,98,2 108.225 (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 4 years and 6 months or both, is guilty of a Class I felony and shall be liable to the state for the costs of prosecution.

SB357, s. 184 Section 184. 108.225 (18) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,98,10 108.225 (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 $10,000 or imprisoned for not more than 2 years 9 months or both.

SB357, s. 185 Section 185. 110.07 (5) (a) of the statutes is amended to read:

SB357,98,14 110.07 (5) (a) In this subsection, "bulletproof garment" has the meaning given in s. 939.64 (1) means a vest or other garment designed, redesigned or adapted to prevent bullets from penetrating through the garment.

SB357, s. 186 Section 186. 111.91 (2) (n) of the statutes is amended to read:

SB357,98,17 111.91 (2) (n) The provision to employes of the health insurance coverage required under s. 632.895 (11) to (13) (14).

SB357, s. 187 Section 187. 114.20 (18) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,98,24 114.20 (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, or who knowingly 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 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 188 Section 188. 115.31 (2g) of the statutes is amended to read:

SB357,99,5 115.31 (2g) Notwithstanding subch. II of ch. 111, the state superintendent shall revoke a license granted by the state superintendent, without a hearing, if the licensee is convicted of any Class A, B, C or, D, E, F, G or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after September 12, 1991.

SB357, s. 189 Section 189. 118.19 (4) (a) of the statutes is amended to read:

SB357,99,13 118.19 (4) (a) Notwithstanding subch. II of ch. 111, the state superintendent may not grant a license to any person who has been convicted of any Class A, B, C or, D, E, F, G or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, or of an equivalent crime in another state or country, for a violation that occurs on or after September 12, 1991, for 6 years following the date of the conviction, and may grant the license only if the person establishes by clear and convincing evidence that he or she is entitled to the license.

SB357, s. 190 Section 190. 118.43 (2) (a) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,99,21 118.43 (2) (a) The school board of any school district in which a school in the previous school year had an enrollment that was at least 50% low-income is eligible to participate in the program under this section, except that a school board is eligible to participate in the program under this section in the 2000-01 school year, and in each school year thereafter, if in the 1998-99 school year a school in the school district had an enrollment that was at least 0% low-income.

SB357, s. 191 Section 191. 118.43 (2) (br) 3. of the statutes, as created by 1999 Wisconsin Act 9, is repealed.

SB357, s. 192 Section 192. 118.43 (2) (bt) of the statutes is created to read:

SB357,100,5 118.43 (2) (bt) In the 2001-02 school year and in each school year thereafter, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one or more schools in the school district if the school board is not receiving a grant under the preschool to grade 5 program on behalf of any of the schools under s. 115.45.

SB357, s. 193 Section 193. 118.43 (2) (f) of the statutes, as affected by 1999 Wisconsin Act 9, is repealed.

SB357, s. 194 Section 194. 118.43 (2) (g) of the statutes is created to read:

SB357,100,16 118.43 (2) (g) The department may renew an achievement guarantee contract for one or more terms of 5 school years if the department determines that the contract requirements under sub. (3) and the performance objectives under sub. (4) have been met and if funding is available. As a condition of receiving payments under a renewal of an achievement guarantee contract, a school board shall maintain the class size reduction achieved under the original achievement guarantee contract and continue to meet all contract requirements and performance objectives contained in the renewal of the contract.

SB357, s. 195 Section 195. 118.43 (3) (intro.) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,100,22 118.43 (3) Contract requirements. (intro.) Except as provided in pars. (am) and (ar), an achievement guarantee contract shall require the school board to do all of the following in each participating school if the school contains at least one of the designated grades:

SB357, s. 196 Section 196. 118.43 (3) (at) of the statutes is created to read:

SB357,101,3 118.43 (3) (at) Class size; additional contracts; 2001-02 and thereafter. For contracts that begin in the 2001-02 school year or in any school year thereafter, reduce each class size to 15 in the following manner:

SB357,101,4 1. In the first year of the contract, in at least grades kindergarten and one.

SB357,101,5 2. In the 2nd year of the contract, in at least grades kindergarten to 2.

SB357,101,6 3. In the last 3 years of the contract, in at least grades kindergarten to 3.

SB357, s. 197 Section 197. 118.43 (5) (b) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,101,18 118.43 (5) (b) Annually by June 30 through the 2003-04 school year, a committee consisting of the state superintendent, the chairpersons of the education committees in the senate and assembly and the individual chiefly responsible for the evaluation under sub. (7) shall review the progress made by each school for which an achievement guarantee contract has been entered into. The committee may recommend to the department that the department terminate a contract if the committee determines that the school board has violated the contract or if the school has made insufficient progress toward achieving its performance objectives under sub. (4) (c). The department may terminate the contract if it agrees with the committee's recommendation.

SB357, s. 198 Section 198. 118.43 (6) (b) 7. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB357,102,10 118.43 (6) (b) 7. In the 2001-02 and 2002-03 school years year, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (am) and (ar). After making these payments, the department shall, if funding is available, pay school districts on behalf of schools that are covered by contracts under sub. (3) (ar), renewals of contracts under sub. (2) (g) an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of contracts under sub. (3) (ar) (2) (g). After making these payments, the department shall, if funding is available, pay school districts on behalf of schools that are covered by contracts under sub. (3) (at) an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by these contracts. In making payments for contracts under subs. (2) (g) and (3) (at), the department shall give priority to schools that have the highest percentage of low-income pupil enrollment.

SB357, s. 199 Section 199. 118.43 (6) (b) 7m. of the statutes is created to read:

SB357,103,3 118.43 (6) (b) 7m. In the 2002-03 school year, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (am) and (ar) and covered by previous renewals of contracts under sub. (2) (g) and previous contracts under sub. (3) (at). After making these payments, the department shall, if funding is available, pay school districts on behalf of schools that are covered by renewals of contracts under sub. (2) (g) that begin in the 2002-03 school year an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by these renewals of contracts. After making these payments, the department shall, if funding is available, pay school districts on behalf of schools that are covered by contracts under sub. (3) (at) that begin in the 2002-03 school year an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by these contracts. In making payments for contracts under subs. (2) (g) and (3) (at) that begin in the 2002-03 school year, the department shall give priority to schools that have the highest percentage of low-income pupil enrollment.

SB357, s. 200 Section 200. 118.43 (6) (b) 8. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB357,103,22 118.43 (6) (b) 8. In the 2003-04 and 2004-05 school years year, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (ar) and previous renewals of contracts under sub. (2) (g) and previous contracts under sub. (3) (at). After making these payments, the department shall, if funding is available, pay school districts on behalf of schools that are covered by renewals of contracts under sub. (2) (g) that begin in the 2003-04 school year an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of these contracts. After making these payments, the department shall, if funding is available, pay school districts on behalf of schools that are covered by contracts under sub. (3) (at) that begin in the 2003-04 school year an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by these contracts. In making payments for contracts under subs. (2) (g) and (3) (at) that begin in the 2003-04 school year, the department shall give priority to schools that have the highest percentage of low-income pupil enrollment.

SB357, s. 201 Section 201. 118.43 (6) (b) 8m. of the statutes is created to read:

SB357,104,15 118.43 (6) (b) 8m. In the 2004-05 school year, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (ar) and covered by previous renewals of contracts under sub. (2) (g) and previous contracts under sub. (3) (at). After making these payments, the department shall, if funding is available, pay school districts on behalf of schools that are covered by renewals of contracts under sub. (2) (g) that begin in the 2004-05 school year an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of these contracts. After making these payments, the department shall, if funding is available, pay school districts on behalf of schools that are covered by contracts under sub. (3) (at) that begin in the 2004-05 school year an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by these contracts. In making payments for contracts under subs. (2) (g) and (3) (at) that begin in the 2004-05 school year, the department shall give priority to schools that have the highest percentage of low-income pupil enrollment.

SB357, s. 202 Section 202. 118.43 (6) (b) 9. of the statutes is created to read:

SB357,105,3 118.43 (6) (b) 9. In the 2005-06 school year and in each school year thereafter, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by previous renewals of contracts under sub. (2) (g) and previous contracts under sub. (3) (at). After making these payments, the department shall, if funding is available, pay school districts on behalf of schools that are covered by renewals of contracts under sub. (2) (g) that begin in that school year and by contracts under sub. (3) (at) that begin in that school year an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by these renewals of contracts. In making payments for contracts under subs. (2) (g) and (3) (at) that begin in the 2005-06 school year or thereafter, the department shall give priority to schools that have the highest percentage of low-income pupil enrollment.

SB357, s. 203 Section 203. 120.13 (2) (g) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,105,9 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (13) (14), 632.896 and 767.25 (4m) (d).

SB357, s. 204 Section 204. 125.075 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is renumbered 125.075 (2) (a) and amended to read:

SB357,105,14 125.075 (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).

SB357, s. 205 Section 205. 125.075 (2) (b) of the statutes is created to read:

SB357,105,17 125.075 (2) (b) Whoever violates sub. (1) is guilty of a Class G felony if the underage person dies.

SB357, s. 206 Section 206. 125.085 (3) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,105,22 125.085 (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.

SB357, s. 207 Section 207. 125.105 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,106,3 125.105 (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.

SB357, s. 208 Section 208. 125.66 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,106,10 125.66 (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.

SB357, s. 209 Section 209. 125.68 (12) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,106,15 125.68 (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.

SB357, s. 210 Section 210. 125.68 (12) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,106,21 125.68 (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.

SB357, s. 211 Section 211. 132.20 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,107,5 132.20 (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.

SB357, s. 212 Section 212. 133.03 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,107,14 133.03 (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.

SB357, s. 213 Section 213. 133.03 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,107,22 133.03 (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.

SB357, s. 214 Section 214. 134.05 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,108,4 134.05 (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.

SB357, s. 215 Section 215. 134.16 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,108,18 134.16 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.

SB357, s. 216 Section 216. 134.20 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,108,23 134.20 (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:

SB357, s. 217 Section 217. 134.205 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,109,4 134.205 (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.

SB357, s. 218 Section 218. 134.58 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,109,13 134.58 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.

SB357, s. 219 Section 219. 134.71 (12) of the statutes is amended to read:

SB357,109,20 134.71 (12) Applications and forms. The department of agriculture, trade and consumer protection justice shall develop applications and other forms required under subs. (5) (intro.) and (8) (c). The department 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.

SB357, s. 220 Section 220. 134.95 (2) of the statutes is amended to read:

SB357,110,4 134.95 (2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177 134.22, 134.68, 134.70, 134.71, 134.72, 134.74, 134.83 or 134.87 or ch. 136 or a rule promulgated under these sections or that chapter, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the fine or forfeiture was imposed, was perpetrated against an elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b) or (c) is present.

SB357, s. 221 Section 221. 134.95 (3) of the statutes is amended to read:

SB357,110,10 134.95 (3) Priority for restitution. If the court orders restitution under s. 100.171 (8), 100.173 (4) (a), 100.174 (7), 100.175 (7), 100.177 (15) 134.22 (4) (a), 134.68 (7), 134.70 (15), 134.74 (8), 134.83 (7) or 134.87 (6) for a pecuniary or monetary loss suffered by a person, the court shall require that the restitution be paid by the defendant before the defendant pays any forfeiture imposed under this section.

SB357, s. 222 Section 222. 134.99 (1) of the statutes is amended to read:

SB357,110,16 134.99 (1) Whoever is concerned in the commission of a violation of this chapter, except s. 134.83, for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.

SB357, s. 223 Section 223. 136.03 (title) of the statutes is amended to read: