SB357, s. 199
11Section
199. 118.43 (6) (b) 7m. of the statutes is created to read:
SB357,103,312
118.43
(6) (b) 7m. In the 2002-03 school year, $2,000 multiplied by the number
13of low-income pupils enrolled in grades eligible for funding in each school in the
14school district covered by contracts under sub. (3) (am) and (ar) and covered by
15previous renewals of contracts under sub. (2) (g) and previous contracts under sub.
16(3) (at). After making these payments, the department shall, if funding is available,
17pay school districts on behalf of schools that are covered by renewals of contracts
18under sub. (2) (g) that begin in the 2002-03 school year an amount equal to $2,000
19multiplied by the number of low-income pupils enrolled in grades eligible for funding
20in each school in the school district covered by these renewals of contracts. After
21making these payments, the department shall, if funding is available, pay school
22districts on behalf of schools that are covered by contracts under sub. (3) (at) that
23begin in the 2002-03 school year an amount equal to $2,000 multiplied by the
24number of low-income pupils enrolled in grades eligible for funding in each school
25in the school district covered by these contracts. In making payments for contracts
1under subs. (2) (g) and (3) (at) that begin in the 2002-03 school year, the department
2shall give priority to schools that have the highest percentage of low-income pupil
3enrollment.
SB357,103,226
118.43
(6) (b) 8. In the 2003-04
and 2004-05 school
years year, $2,000
7multiplied by the number of low-income pupils enrolled in grades eligible for funding
8in each school in the school district covered by contracts under sub. (3) (ar)
and
9previous renewals of contracts under sub. (2) (g) and previous contracts under sub.
10(3) (at). After making these payments, the department shall, if funding is available,
11pay school districts on behalf of schools that are covered by renewals of contracts
12under sub. (2) (g) that begin in the 2003-04 school year an amount equal to $2,000
13multiplied by the number of low-income pupils enrolled in grades eligible for funding
14in each school in the school district covered by renewals of these contracts. After
15making these payments, the department shall, if funding is available, pay school
16districts on behalf of schools that are covered by contracts under sub. (3) (at) that
17begin in the 2003-04 school year an amount equal to $2,000 multiplied by the
18number of low-income pupils enrolled in grades eligible for funding in each school
19in the school district covered by these contracts. In making payments for contracts
20under subs. (2) (g) and (3) (at) that begin in the 2003-04 school year, the department
21shall give priority to schools that have the highest percentage of low-income pupil
22enrollment.
SB357, s. 201
23Section
201. 118.43 (6) (b) 8m. of the statutes is created to read:
SB357,104,1524
118.43
(6) (b) 8m. In the 2004-05 school year, $2,000 multiplied by the number
25of low-income pupils enrolled in grades eligible for funding in each school in the
1school district covered by contracts under sub. (3) (ar) and covered by previous
2renewals of contracts under sub. (2) (g) and previous contracts under sub. (3) (at).
3After making these payments, the department shall, if funding is available, pay
4school districts on behalf of schools that are covered by renewals of contracts under
5sub. (2) (g) that begin in the 2004-05 school year an amount equal to $2,000
6multiplied by the number of low-income pupils enrolled in grades eligible for funding
7in each school in the school district covered by renewals of these contracts. After
8making these payments, the department shall, if funding is available, pay school
9districts on behalf of schools that are covered by contracts under sub. (3) (at) that
10begin in the 2004-05 school year an amount equal to $2,000 multiplied by the
11number of low-income pupils enrolled in grades eligible for funding in each school
12in the school district covered by these contracts. In making payments for contracts
13under subs. (2) (g) and (3) (at) that begin in the 2004-05 school year, the department
14shall give priority to schools that have the highest percentage of low-income pupil
15enrollment.
SB357, s. 202
16Section
202. 118.43 (6) (b) 9. of the statutes is created to read:
SB357,105,317
118.43
(6) (b) 9. In the 2005-06 school year and in each school year thereafter,
18$2,000 multiplied by the number of low-income pupils enrolled in grades eligible for
19funding in each school in the school district covered by previous renewals of contracts
20under sub. (2) (g) and previous contracts under sub. (3) (at). After making these
21payments, the department shall, if funding is available, pay school districts on behalf
22of schools that are covered by renewals of contracts under sub. (2) (g) that begin in
23that school year and by contracts under sub. (3) (at) that begin in that school year
24an amount equal to $2,000 multiplied by the number of low-income pupils enrolled
25in grades eligible for funding in each school in the school district covered by these
1renewals of contracts. In making payments for contracts under subs. (2) (g) and (3)
2(at) that begin in the 2005-06 school year or thereafter, the department shall give
3priority to schools that have the highest percentage of low-income pupil enrollment.
SB357,105,96
120.13
(2) (g) Every self-insured plan under par. (b) shall comply with ss.
749.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3),
8632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to
(13) (14), 632.896 and
9767.25 (4m) (d).
SB357,105,1412
125.075
(2) (a) Whoever violates sub. (1)
may be fined not more than $10,000
13or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H
14felony if the underage person suffers great bodily harm, as defined in s. 939.22 (14).
SB357, s. 205
15Section
205. 125.075 (2) (b) of the statutes is created to read:
SB357,105,1716
125.075
(2) (b) Whoever violates sub. (1) is guilty of a Class G felony if the
17underage person dies.
SB357,105,2220
125.085
(3) (a) 2. Any person who violates subd. 1. for money or other
21consideration
may be fined not more than $10,000 or imprisoned for not more than
223 years or both is guilty of a Class I felony.
SB357,106,3
1125.105
(2) (b) Whoever violates sub. (1) to commit, or abet the commission of,
2a crime
may be fined not more than $10,000 or imprisoned for not more than 7 years
3and 6 months or both is guilty of a Class H felony.
SB357,106,106
125.66
(3) Any person manufacturing or rectifying intoxicating liquor without
7holding appropriate permits under this chapter, or any person who sells such liquor,
8shall be fined not more than $10,000 or imprisoned for not more than 15 years or
9both. Second or subsequent convictions shall be punished by both the fine and
10imprisonment is guilty of a Class F felony.
SB357,106,1513
125.68
(12) (b) Whoever violates par. (a)
shall be fined not less than $1,000 nor
14more than $5,000 or imprisoned for not less than one year nor more than 15 years
15or both is guilty of a Class F felony.
SB357,106,2118
125.68
(12) (c) Any person causing the death of another human being through
19the selling or otherwise disposing of, for beverage purposes, either denatured alcohol
20or alcohol or alcoholic liquid redistilled from denatured alcohol
, shall be imprisoned
21for not more than 15 years is guilty of a Class E felony.
SB357,107,524
132.20
(2) Any person who, with intent to deceive, traffics or attempts to traffic
25in this state in a counterfeit mark or in any goods or service bearing or provided
1under a counterfeit mark
shall is guilty of a Class H felony, except that,
2notwithstanding the maximum fine specified in s. 939.50 (3) (h), if the person is an
3individual
, he or she may be fined not more than $250,000
or imprisoned for not more
4than 7 years and 6 months or both, or, and if the person is not an individual
, the
5person may be fined not more than $1,000,000.
SB357,107,148
133.03
(1) Every contract, combination in the form of trust or otherwise, or
9conspiracy, in restraint of trade or commerce is illegal. Every person who makes any
10contract or engages in any combination or conspiracy in restraint of trade or
11commerce
is guilty of a Class H felony, except that, notwithstanding the maximum
12fine specified in s. 939.50 (3) (h), the person may be fined not more than $100,000 if
13a corporation, or, if any other person, may be fined not more than $50,000
or
14imprisoned for not more than 7 years and 6 months or both.
SB357,107,2217
133.03
(2) Every person who monopolizes, or attempts to monopolize, or
18combines or conspires with any other person or persons to monopolize any part of
19trade or commerce
is guilty of a Class H felony, except that, notwithstanding the
20maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than
21$100,000 if a corporation, or, if any other person, may be fined not more than $50,000
22or imprisoned for not more than 7 years and 6 months or both.
SB357,108,4
1134.05
(4) Whoever violates sub. (1), (2) or (3)
shall be punished by a fine of not
2less than $10 nor more than $500 or by such fine and by imprisonment for not more
3than 2 years may be fined not more than $10,000 or imprisoned for not more than
49 months or both.
SB357,108,18
7134.16 Fraudulently receiving deposits. Any officer, director, stockholder,
8cashier, teller, manager, messenger, clerk or agent of any bank, banking, exchange,
9brokerage or deposit company, corporation or institution, or of any person, company
10or corporation engaged in whole or in part in banking, brokerage, exchange or deposit
11business in any way, or any person engaged in such business in whole or in part
, who
12shall accept or receive, on deposit, or for safekeeping, or to loan, from any person any
13money, or any bills, notes or other paper circulating as money, or any notes, drafts,
14bills of exchange, bank checks or other commercial paper for safekeeping or for
15collection, when he or she knows or has good reason to know that such bank, company
16or corporation or that such person is unsafe or insolvent
shall be imprisoned in the
17Wisconsin state prisons for not less than one year nor more than 15 years or fined
18not more than $10,000 is guilty of a Class F felony.
SB357,108,2321
134.20
(1) (intro.) Whoever, with intent to defraud, does any of the following
22shall be fined not more than $5,000 or imprisoned for not more than 7 years and 6
23months or both is guilty of a Class H felony:
SB357,109,4
1134.205
(4) Whoever, with intent to defraud, issues a warehouse receipt
2without entering the same in a register as required by this section
shall be fined not
3more than $5,000 or imprisoned for not more than 7 years and 6 months or both is
4guilty of a Class H felony.
SB357,109,13
7134.58 Use of unauthorized persons as officers. Any person who,
8individually, in concert with another or as agent or officer of any firm, joint-stock
9company or corporation, uses, employs, aids or assists in employing any body of
10armed persons to act as militia, police or peace officers for the protection of persons
11or property or for the suppression of strikes, not being authorized by the laws of this
12state to so act,
shall be fined not more than $1,000 or imprisoned for not less than
13one year nor more than 4 years and 6 months or both is guilty of a Class I felony.
SB357, s. 219
14Section
219. 134.71 (12) of the statutes is amended to read:
SB357,109,2015
134.71
(12) Applications and forms. The department of
agriculture, trade and
16consumer protection justice shall develop applications and other forms required
17under subs. (5) (intro.) and (8) (c). The department shall print a sufficient number
18of applications and forms to provide to counties and municipalities for distribution
19to pawnbrokers, secondhand article dealers and secondhand jewelry dealers at no
20cost.
SB357, s. 220
21Section
220. 134.95 (2) of the statutes is amended to read:
SB357,110,422
134.95
(2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a
23person for a violation under s.
100.171, 100.173, 100.174, 100.175, 100.177 134.22,
24134.68, 134.70, 134.71, 134.72
, 134.74, 134.83 or 134.87 or ch. 136 or a rule
25promulgated under these sections or that chapter, the person shall be subject to a
1supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the
2defendant, for which the fine or forfeiture was imposed, was perpetrated against an
3elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b)
4or (c) is present.
SB357, s. 221
5Section
221. 134.95 (3) of the statutes is amended to read:
SB357,110,106
134.95
(3) Priority for restitution. If the court orders restitution under s.
7100.171 (8), 100.173 (4) (a), 100.174 (7), 100.175 (7), 100.177 (15) 134.22 (4) (a),
8134.68 (7), 134.70 (15), 134.74 (8), 134.83 (7) or 134.87 (6) for a pecuniary or monetary
9loss suffered by a person, the court shall require that the restitution be paid by the
10defendant before the defendant pays any forfeiture imposed under this section.
SB357, s. 222
11Section
222. 134.99 (1) of the statutes is amended to read:
SB357,110,1612
134.99
(1) Whoever is concerned in the commission of a violation of this
13chapter
, except s. 134.83, for which a forfeiture is imposed is a principal and may be
14charged with and convicted of the violation although he or she did not directly
15commit it and although the person who directly committed it has not been convicted
16of the violation.
SB357, s. 223
17Section
223. 136.03 (title) of the statutes is amended to read:
SB357,110,19
18136.03 (title)
Duties of the department of agriculture, trade and
19consumer protection justice.
SB357, s. 224
20Section
224. 136.03 (1) (intro.) of the statutes is amended to read:
SB357,110,2521
136.03
(1) (intro.) The department of
agriculture, trade and consumer
22protection justice shall investigate violations of this chapter and of rules and orders
23issued under s. 136.04. The department
of justice may subpoena persons and records
24to facilitate its investigations, and may enforce compliance with such subpoenas as
25provided in s. 885.12. The department
of justice may in behalf of the state:
SB357,111,93
139.44
(1) Any person who falsely or fraudulently makes, alters or counterfeits
4any stamp or procures or causes the same to be done, or who knowingly utters,
5publishes, passes or tenders as true any false, altered or counterfeit stamp, or who
6affixes the same to any package or container of cigarettes, or who possesses with the
7intent to sell any cigarettes in containers to which false, altered or counterfeit stamps
8have been affixed
shall be imprisoned for not less than one year nor more than 15
9years is guilty of a Class G felony.
SB357,111,1412
139.44
(1m) Any person who falsely or fraudulently tampers with a cigarette
13meter in order to evade the tax under s. 139.31
shall be imprisoned for not less than
14one year nor more than 15 years is guilty of a Class G felony.
SB357,111,2117
139.44
(2) Any person who makes or signs any false or fraudulent report or who
18attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the
19evasion or attempted evasion of that tax
shall may be fined not
less than $1,000 nor 20more than
$5,000 $10,000 or imprisoned
for not
less than 90 days nor more than
2
21years 9 months or both.
SB357,112,3
1139.44
(8) (c) If the number of cigarettes exceeds 36,000,
a fine of not more than
2$10,000 or imprisonment for not more than 3 years or both the person is guilty of a
3Class I felony.
SB357,112,96
139.95
(2) A dealer who possesses a schedule I controlled substance or schedule
7II controlled substance that does not bear evidence that the tax under s. 139.88 has
8been paid
may be fined not more than $10,000 or imprisoned for not more than 7
9years and 6 months or both is guilty of a Class H felony.
SB357,112,1912
139.95
(3) Any person who falsely or fraudulently makes, alters or counterfeits
13any stamp or procures or causes the same to be done or who knowingly utters,
14publishes, passes or tenders as true any false, altered or counterfeit stamp or who
15affixes a counterfeit stamp to a schedule I controlled substance or schedule II
16controlled substance or who possesses a schedule I controlled substance or schedule
17II controlled substance to which a false, altered or counterfeit stamp is affixed
may
18be fined not more than $10,000 or imprisoned for not less than one year nor more
19than 15 years or both is guilty of a Class F felony.
SB357,112,2522
146.345
(3) Any person who violates this section
is guilty of a Class H felony,
23except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the
24person may be fined not more than $50,000
or imprisoned for not more than 7 years
25and 6 months or both.
SB357,113,53
146.35
(5) Whoever violates sub. (2)
may be fined not more than $10,000 or
4imprisoned for not more than 7 years and 6 months or both is guilty of a Class H
5felony.
SB357,113,108
146.60
(9) (am) For a 2nd or subsequent violation under par. (ag), a person
shall 9may be fined not
less than $1,000 nor more than $50,000 or imprisoned for not more
10than
2 years 9 months or both.
SB357,113,1813
146.70
(10) (a) Any person who intentionally dials the telephone number "911"
14to report an emergency, knowing that the fact situation which he or she reports does
15not exist, shall be fined not less than $50 nor more than $300 or imprisoned not more
16than 90 days or both for the first offense and
shall be fined not more than $10,000
17or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H
18felony for any other offense committed within 4 years after the first offense.
SB357,114,221
154.15
(2) Any person who, with the intent to cause a withholding or
22withdrawal of life-sustaining procedures or feeding tubes contrary to the wishes of
23the declarant, illegally falsifies or forges the declaration of another or conceals a
24declaration revoked under s. 154.05 (1) (a) or (b) or any person who intentionally
25withholds actual knowledge of a revocation under s. 154.05
shall be fined not more
1than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class F
2felony.
SB357,114,115
154.29
(2) Any person who, with the intent to cause the withholding or
6withdrawal of resuscitation contrary to the wishes of any patient, falsifies, forges or
7transfers a do-not-resuscitate bracelet to that patient or conceals the revocation
8under s. 154.21 of a do-not-resuscitate order or any responsible person who
9withholds personal knowledge of a revocation under s. 154.21
shall be fined not more
10than $10,000 or imprisoned for not more than 15 years or both
is guilty of a Class F
11felony.
SB357, s. 237
12Section
237. 165.07 of the statutes is created to read:
SB357,114,20
13165.07 Assistant attorney general — public intervenor. (1) The attorney
14general shall designate an assistant attorney general on the attorney general's staff
15as public intervenor. Written notices of all proceedings under chs. 30, 31, 281 to 285
16and 289 to 299, except s. 281.48, shall be given to the public intervenor and to the
17administrators of divisions primarily assigned the departmental functions under
18chs. 29, 281, 285 and 289 to 299, except s. 281.48, by the agency head responsible for
19such proceedings. A copy of such notice shall also be given to the natural areas
20preservation council.
SB357,115,3
21(2) The public intervenor shall formally intervene in proceedings described in
22sub. (1) when requested to do so by an administrator of a division primarily assigned
23the departmental functions under chs. 29, 281, 285 or 289 to 299, except s. 281.48.
24The public intervenor may, on the public intervenor's own initiative or upon request
25of any committee of the legislature, formally intervene in all proceedings described
1in sub. (1) whenever such intervention is needed for the protection of "public rights"
2in water and other natural resources, as provided in chs. 30 and 31 and defined by
3the supreme court.
SB357,115,15
4(3) Personnel of the department of natural resources shall, upon the request
5of the public intervenor, make such investigations, studies and reports as the public
6intervenor may request in connection with proceedings described in sub. (1), either
7before or after formal intervention. Personnel of state agencies shall at the public
8intervenor's request provide information, serve as witnesses in proceedings
9described in sub. (1) and otherwise cooperate in the carrying out of the public
10intervenor's intervention functions. Formal intervention shall be by filing a
11statement to that effect with the examiner or other person immediately in charge of
12the proceeding. Thereupon the public intervenor shall be considered a party in
13interest with full power to present evidence, subpoena and cross-examine witnesses,
14submit proof, file briefs or do any other acts appropriate for a party to the
15proceedings.
SB357,115,21
16(4) The public intervenor may appeal from administrative rulings to the courts.
17In all administrative proceedings and judicial review proceedings the public
18intervenor shall be identified as "public intervenor". This section does not preclude
19or prevent any division of the department of natural resources, or any other
20department or independent agency, from appearing by its staff as a party in such
21proceedings.
SB357, s. 238
22Section
238. 165.075 of the statutes is created to read:
SB357,116,2
23165.075 Assistant attorney general; public intervenor; authority. In
24carrying out his or her duty to protect public rights in water and other natural
25resources, the public intervenor has the authority to initiate actions and proceedings
1before any agency or court in order to raise issues, including issues concerning
2constitutionality, present evidence and testimony and make arguments.
SB357, s. 239
3Section
239. 165.076 of the statutes is created to read:
SB357,116,15
4165.076 Assistant attorney general; public intervenor; advisory
5committee. The attorney general shall appoint a public intervenor advisory
6committee under s. 15.04 (1) (c). The public intervenor advisory committee shall
7consist of not less than 7 nor more than 9 members. The members shall have
8backgrounds in or demonstrated experience or records relating to environmental
9protection or natural resource conservation. At least one of the members shall have
10working knowledge in business. At least one of the members shall have working
11knowledge in agriculture. The public intervenor advisory committee shall advise the
12public intervenor consistent with his or her duty to protect public rights in water and
13other natural resources. The public intervenor advisory committee shall conduct
14meetings consistent with subch. V of ch. 19 and shall permit public participation and
15public comment on public intervenor activities.
SB357, s. 240
16Section
240. 165.25 (4) (ar) of the statutes is repealed.
SB357,116,2219
166.20
(11) (b) Any person who knowingly and wilfully fails to report the
20release of a hazardous substance covered under
42 USC 11004 as required under sub.
21(5) (a) 2. or any rule promulgated under sub. (5) (a) 2.
shall is subject to the following
22penalties:
SB357,117,223
1. For the first offense,
the person is guilty of a Class I felony, except that,
24notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be
1fined not
less than $100 nor more than $25,000
or imprisoned for not more than 3
2years or both.