JR2 AB1: Bill Text

AB1,198,15 139.44 (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.

AB1, s. 319 Section 319. 139.44 (8) (c) of the statutes is amended to read:

AB1,198,19 139.44 (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.

AB1, s. 320 Section 320. 139.85 (1) of the statutes is amended to read:

AB1,198,24 139.85 (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.

AB1, s. 321 Section 321. 139.95 (2) of the statutes is amended to read:

AB1,199,5 139.95 (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.

AB1, s. 322 Section 322. 139.95 (3) of the statutes is amended to read:

AB1,199,15 139.95 (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, a schedule II controlled substance or ketamine or flunitrazepam or who possesses a schedule I controlled substance, a schedule II controlled substance or ketamine or flunitrazepam 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 15 years or both is guilty of a Class F felony.

AB1, s. 323 Section 323. Chapter 141 of the statutes is created to read:

AB1,199,18 Chapter 141 internet transactions

AB1,199,19 141.01 Definitions. In this chapter:

AB1,199,20 (1) "Child" means a resident who is less than 15 years of age.

AB1,199,22 (1g) "Department" means the department of agriculture, trade and consumer protection.

AB1,199,24 (1m) "Display on a home page" means to display in written form on a home page or at an Internet address that is readily accessible through a link on a home page.

AB1,200,3 (1s) "Electronic chain letter" means an electronic mail message that is sent to more than one recipient with a request that each recipient send copies of the message to other recipients.

AB1,200,6 (2) "Electronic mail service provider" means any person that is an intermediary in sending or receiving electronic mail and that provides to Internet users the ability to send or receive electronic mail.

AB1,200,10 (3) "Electronic mail solicitation" means an electronic mail message that a person sends for personal gain or compensation, or in the expectation of personal gain or compensation, to encourage another person to purchase property, goods or services or to visit a Web site.

AB1,200,12 (4) "Home page" means the first page of a Web site that is displayed when a person visits the computer address of the Web site.

AB1,200,17 (5) "Internet domain name" means a name identifying the Internet address of a person on the Internet that the person has registered with an organization that assigns and maintains names for Internet addresses, including the Internet Network Information Center, the U.S. Domain Name Registration Services, or any successor organization.

AB1,200,19 (6) "Internet user" means a person that maintains an electronic mail address with an electronic mail service provider.

AB1,200,21 (7) "Public Web site" means a Web site that is accessible at no charge to a person who visits the Web site.

AB1,200,22 (8) "Resident" means an individual who is a resident of this state.

AB1,200,25 (9) "Send" means to initiate the transmission of an electronic mail message, but does not include any transmission of the message by an electronic mail service provider.

AB1,201,3 (10) "Solicitation or chain letter policy" means the policy of an electronic mail service provider regarding the sending of electronic mail solicitations or electronic chain letters by or to the provider's Internet users.

AB1,201,5 (11) "Web site" means a collection of related computer files on the Internet that is located at an Internet address.

AB1,201,7 141.02 Electronic mail. (1) Solicitation or chain letter policy violations. (a) Subject to par. (b):

AB1,201,10 1. No Internet user of an electronic mail service provider may send an electronic mail solicitation or electronic chain letter that uses the equipment of the provider in a manner that violates the provider's solicitation or chain letter policy.

AB1,201,14 2. No person may send an electronic mail solicitation or electronic chain letter to an Internet user that uses the equipment of the Internet user's electronic mail service provider in a manner that violates the provider's solicitation or chain letter policy.

AB1,201,17 (b) The prohibitions under par. (a) apply only to a solicitation or chain letter policy that an electronic mail service provider displays on the home page of the provider's Web site and makes available in printed form at no charge upon request.

AB1,201,21 (c) An electronic mail service provider who is injured by a violation of par. (a) that occurs more than 30 days after the solicitation or chain letter policy is displayed on the provider's home page may bring an action against the person who violated par. (a) and is entitled to each of the following:

AB1,201,25 1. The greater of the amount of actual damages, $15,000 or an amount equal to $50 for each electronic mail solicitation or electronic chain letter that uses the provider's equipment in a manner that violates the provider's solicitation or chain letter policy.

AB1,202,2 2. Notwithstanding s. 814.04, costs, disbursements, and reasonable attorney fees.

AB1,202,7 (1m) Electronic mail solicitations. (a) No person may send an electronic mail solicitation unless the person includes with the solicitation a return electronic mail address or notice of a toll-free telephone number that the recipient of the solicitation may use to notify the person that the recipient does not want to receive electronic mail solicitations.

AB1,202,13 (b) If a recipient of an electronic mail solicitation uses a return electronic mail address or toll-free telephone number specified in par. (a) to notify the person that sent the electronic mail solicitation that the recipient does not want to receive an electronic mail solicitation, the person may not send another electronic mail solicitation to the recipient. A recipient who receives an electronic mail solicitation that violates this paragraph may complain to the department.

AB1,202,17 (c) The department shall investigate each complaint concerning a violation of par. (b). The department or any district attorney may on behalf of the state bring an action for temporary or permanent injunctive or other relief for any violation of par. (b), or for the penalties specified in par. (d), or for both.

AB1,202,20 (d) Any person who violates par. (b) may be required to forfeit not more than $10 for each electronic mail solicitation that violates par. (b), subject to a maximum forfeiture of $1,000 for each day in which a violation occurs.

AB1,202,24 (2) Prohibited representations. (a) No person may knowingly send an electronic mail message that represents the message is from another person without the consent of that person, or that represents the message is from an Internet domain name without the consent of the person who has registered the name.

AB1,202,25 (b) 1. Whoever violates par. (a) is guilty of a Class I felony.

AB1,203,2 2. Whoever violates par. (a) after having been convicted under this subsection is guilty of a Class H Felony.

AB1,203,7 141.03 Internet privacy. (1) Consent required. (a) A person that maintains a Web site for the purpose of doing business in this state may not disclose to another person, for money or anything else of value, any information about a resident that is obtained from the resident's use of the Internet, including from an electronic mail message sent by the resident, without the consent of the resident.

AB1,203,15 ( b) A person that maintains a Web site for the purpose of doing business in this state may not request a child to provide information through the Internet to the person that includes personal information about the child without making a reasonable effort to obtain the consent of the child's parent or legal guardian. For purposes of this paragraph, a "reasonable effort to obtain consent" includes requiring a child's parent or guardian to mail or send a facsimile consent form to the person, provide a credit card number to the person, or provide an electronic signature, as defined in s. 137.11 (8), to the person.

AB1,203,18 (c) A person who violates par. (a) or (b) may be required to forfeit not more than $10,000 for each violation. Each disclosure of or request for information about one resident or child constitutes a separate violation.

AB1,203,21 (d) The department of justice may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any act or practice constituting a violation of par. (a) or (b).

AB1,203,23 (2) Web site access. (a) A person that maintains a Web site for the purpose of doing business in this state shall do each of the following:

AB1,204,3 1. Display a notice on the home page of the Web site that states whether the person collects any information about visitors to the Web site and that describes any information that is collected and the purposes for which it is collected, including a description of any information that is sold or provided to 3rd parties. A notice required under this paragraph shall be in an easily comprehensible format.

AB1,204,7 2. If the person sells or provides information about visitors to the Web site to 3rd parties, allow a visitor to notify the person, at the time that the visitor visits the Web site, whether or not the visitor consents to the sale or provision of such information.

AB1,204,10 (b) If a visitor notifies a person under par. (a) that the visitor does not consent to the sale or provision of information specified in par. (a), the person may not sell or provide the information to 3rd parties.

AB1,204,14 (c) For purposes of par. (a), a person does not maintain a Web site for the purpose of doing business in this state if the person's involvement with the Web site is limited only to providing access to the Internet for another person that maintains the Web site for the purpose of doing business in this state.

AB1,204,16 (d) A person who violates par. (a) or (b) may be required to forfeit not more than $10,000 for each violation.

AB1, s. 324 Section 324. 146.345 (3) of the statutes is amended to read:

AB1,204,21 146.345 (3) Any person who violates this section 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 $50,000 or imprisoned for not more than 7 years and 6 months or both.

AB1, s. 325 Section 325. 146.35 (5) of the statutes is amended to read:

AB1,204,25 146.35 (5) Whoever violates sub. (2) 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.

AB1, s. 326 Section 326. 146.50 (1) (a) of the statutes is renumbered 146.50 (1) (am).

AB1, s. 327 Section 327. 146.50 (1) (ag) of the statutes is created to read:

AB1,205,5 146.50 (1) (ag) "Act of terrorism" means a felony under ch. 939 to 951 that is committed with intent to terrorize and is committed under any of the following circumstances:

AB1,205,7 1. The person committing the felony causes bodily harm, great bodily harm, or death to another.

AB1,205,11 2. The person committing the felony causes damage to the property of another and the total property damaged is reduced in value by $25,000 or more. For purposes of this subdivision, property is reduced in value by the amount that it would cost either to repair or replace it, whichever is less.

AB1,205,13 3. The person committing the felony uses force or violence or the threat of force or violence.

AB1, s. 328 Section 328. 146.50 (1) (hr) of the statutes is created to read:

AB1,205,17 146.50 (1) (hr) "Governmental unit" means the United States; the state; any county, city, village, or town; or any political subdivision, department, division, board, or agency of the United States, the state, or any county, city, village, or town.

AB1, s. 329 Section 329. 146.50 (1) (ig) of the statutes is created to read:

AB1,205,22 146.50 (1) (ig) "Intent to terrorize" means intent to influence the policy of a governmental unit by intimidation or coercion, to punish a governmental unit for a prior policy decision, to affect the conduct of a governmental unit by homicide or kidnapping, or to intimidate or coerce a civilian population.

AB1, s. 330 Section 330. 146.50 (6) (a) 2. of the statutes is amended to read:

AB1,206,2 146.50 (6) (a) 2. Have satisfactorily completed a course of instruction and training, including training for response to acts of terrorism, prescribed by the department or have presented evidence satisfactory to the department of sufficient education and training in the field of emergency care.

AB1, s. 331 Section 331. 146.50 (6) (b) 2. of the statutes is amended to read:

AB1,206,7 146.50 (6) (b) 2. The department, in conjunction with the technical college system board, shall promulgate rules specifying training, education , or examination requirements, including requirements for training for response to acts of terrorism, for license renewals for emergency medical technicians.

AB1, s. 332 Section 332. 146.50 (8) (b) 3. of the statutes is amended to read:

AB1,206,12 146.50 (8) (b) 3. The individual satisfactorily completes a first responder course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under 23 CFR 1205.3 (a) (5), that includes training for response to acts of terrorism, and that is approved by the department.

AB1, s. 333 Section 333. 146.50 (8) (c) of the statutes is amended to read:

AB1,206,19 146.50 (8) (c) To be eligible for a renewal of a certificate as a first responder, except as provided in ss. 146.51 and 146.52, the holder of the certificate shall satisfactorily complete a first responder refresher course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under 23 CFR 1205.3 (a) (5), that includes training for response to acts of terrorism, and that is approved by the department.

AB1, s. 334 Section 334. 146.55 (1) (a) of the statutes is amended to read:

AB1,206,23 146.55 (1) (a) "Ambulance service" means the business of transporting sick, disabled, or injured individuals by ambulance, as defined in s. 146.50 (1) (a) (am), to or from facilities or institutions providing health services.

AB1, s. 335 Section 335. 146.60 (9) (am) of the statutes is amended to read:

AB1,207,3 146.60 (9) (am) For a 2nd or subsequent violation under par. (ag), a person shall may be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than 2 years 9 months or both.

AB1, s. 336 Section 336. 146.70 (10) (a) of the statutes is amended to read:

AB1,207,10 146.70 (10) (a) Any person who intentionally dials the telephone number "911" to report an emergency, knowing that the fact situation which he or she reports does not exist, shall be fined not less than $50 nor more than $300 or imprisoned not more than 90 days or both for the first offense and shall 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 for any other offense committed within 4 years after the first offense.

AB1, s. 337 Section 337. 154.15 (2) of the statutes is amended to read:

AB1,207,18 154.15 (2) Any person who, with the intent to cause a withholding or withdrawal of life-sustaining procedures or feeding tubes contrary to the wishes of the declarant, illegally falsifies or forges the declaration of another or conceals a declaration revoked under s. 154.05 (1) (a) or (b) or any person who intentionally withholds actual knowledge of a revocation under s. 154.05 shall be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

AB1, s. 338 Section 338. 154.29 (2) of the statutes is amended to read:

AB1,208,2 154.29 (2) Any person who, with the intent to cause the withholding or withdrawal of resuscitation contrary to the wishes of any patient, falsifies, forges or transfers a do-not-resuscitate bracelet to that patient or conceals the revocation under s. 154.21 of a do-not-resuscitate order or any responsible person who withholds personal knowledge of a revocation under s. 154.21 shall be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

AB1, s. 339 Section 339. 165.85 (4) (b) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,209,19 165.85 (4) (b) 1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. The program shall include 400 hours of training, except the program for law enforcement officers who serve as rangers for the department of natural resources includes 240 hours of training. The board shall promulgate a rule under ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The rule shall ensure that there is an adequate amount of training for each program to enable the person to deal effectively with domestic abuse incidents, including training that addresses the emotional and psychological effect that domestic abuse has on victims. The training under this subdivision shall include training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11) and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements and locating appropriate facilities for the emergency detentions and emergency protective placements of persons. The training under this subdivision shall include at least one hour of instruction on recognizing the symptoms of Alzheimer's disease or other related dementias and interacting with and assisting persons who have Alzheimer's disease or other related dementias. The training under this subdivision shall include training on police pursuit standards, guidelines and driving techniques established under par. (cm) 2. b. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employee of the employing agency or unit of government. Law enforcement training programs including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements.

AB1, s. 340 Section 340. 165.85 (4) (b) 1d. of the statutes is created to read:

AB1,209,22 165.85 (4) (b) 1d. Any training program developed under subd. 1. shall include all of the following:

AB1,209,25 a. An adequate amount of training to enable the person being trained to deal effectively with domestic abuse incidents, including training that addresses the emotional and psychological effect that domestic abuse has on victims.

AB1,210,7 b. Training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11), and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements, and locating appropriate facilities for the emergency detentions and emergency protective placements of persons.

AB1,210,10 c. At least one hour of instruction on recognizing the symptoms of Alzheimer's disease or other related dementias and interacting with and assisting persons who have Alzheimer's disease or other related dementias.