AB128: Bill Text

AB128,425 Section 425. 218.11 (5m) of the statutes is amended to read:

AB128,113,17 218.11 (5m) Any person who violates any provision of this section may be required to forfeit not less than $25 nor more than $100 for the first offense and may be fined not less than $25 nor more than $100 for a 2nd or subsequent conviction within 3 years.

AB128,426 Section 426. 218.205 (1) of the statutes is amended to read:

AB128,113,24 218.205 (1) No person may carry on or conduct the business of a motor vehicle salvage dealer unless licensed to do so by the department. Any person violating this section may be required to forfeit not less than $500 nor more than $5,000 for the first offense and may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 60 days or both is guilty of a Class C misdemeanor for a second or subsequent conviction within 5 years.

AB128,427 Section 427. 218.23 (3) of the statutes is amended to read:

AB128,114,3 218.23 (3) Any person violating this section may be fined not less than $25 nor more than $200 or imprisoned not more than 60 days or both is guilty of a Class B misdemeanor.

AB128,428 Section 428. 218.24 (4) of the statutes is amended to read:

AB128,114,7 218.24 (4) Any person violating this section may be fined not less than $25 nor more than $200 or imprisoned not more than 60 days or both is guilty of a Class B misdemeanor.

AB128,429 Section 429. 218.305 of the statutes is amended to read:

AB128,114,13 218.305 Motor vehicle auction dealers to be licensed. No person shall carry on or conduct the business of auctioning motor vehicles at wholesale unless licensed to do so by the department. Any person violating this section may be fined not less than $25 nor more than $200 or imprisoned not more than 60 days, or both is guilty of a Class B misdemeanor.

AB128,430 Section 430. 218.33 (3) of the statutes is amended to read:

AB128,114,17 218.33 (3) Any person violating this section may be fined not less than $25 nor more than $200 or imprisoned not more than 60 days, or both is guilty of a Class B misdemeanor.

AB128,431 Section 431. 218.43 of the statutes is amended to read:

AB128,114,22 218.43 Penalty. Any person violating s. 218.41 or a lawful rule or order issued thereunder may be required to forfeit not less than $25 nor more than $100 for the first offense and may be fined not less than $25 nor more than $100 for a 2nd or subsequent conviction within 3 years.

AB128,432 Section 432. 218.53 of the statutes is amended to read:

AB128,115,3 218.53 Penalties. Any person who violates this subchapter shall be fined not less than $1,000 nor more than $10,000 and may be imprisoned for not more than 90 days or both is guilty of a Class B misdemeanor.

AB128,433 Section 433. 220.06 (3) (b) of the statutes is amended to read:

AB128,115,8 220.06 (3) (b) Officers and employees of a bank or licensee may not redisclose information in the examination reports. A person violating this paragraph may be fined not less than $100 nor more than $1,000 or imprisoned not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,434 Section 434. 221.0525 of the statutes is amended to read:

AB128,115,19 221.0525 Shares of stock, when not transferable. The shares of stock of a bank are personal property. The bank shall transfer the shares on the books of the bank in such manner as the bylaws may direct. A transfer of capital stock is not valid while the bank is under notice to make good the impairment of its capital, as provided in s. 220.07, until the impairment is made good. A transfer of stock shall be certified by an officer of the bank to the division within 3 days after the transfer, if the transfer is of at least 5% of the outstanding shares or affects the holdings of the owner of record or beneficial owner of at least 5% of the outstanding shares. A person who fails to comply with this certification requirement may be fined required to forfeit not more than $100.

AB128,435 Section 435. 221.0610 (5) (c) of the statutes is amended to read:

AB128,115,24 221.0610 (5) (c) A person who makes a false entry in the minute book or changes or alters an entry made in the minute book may be fined not less than $100 nor more than $500, or imprisoned for not less than 30 days nor more than 6 months, or both is guilty of a Class B misdemeanor.

AB128,436 Section 436. 223.08 of the statutes is amended to read:

AB128,116,12 223.08 Name of corporation; penalty. The word "trust" shall form part of the name of every corporation organized under this chapter, but the word "bank" may not be used as a part of the name. All persons, partnerships, associations, or corporations not organized under the provisions of this chapter, except state banks vested with trust powers under s. 221.0316 and nonprofit corporations organized for the advancement of historic preservation or for the protection of land for public conservation purposes, are prohibited from using the word "trust" in their business, or as a portion of the name or title of the person, partnership, association or corporation. A person who violates this section, either individually or as an interested party in any partnership, association, or corporation, may be fined not less than $300 nor more than $1,000 or imprisoned for not less than 60 days nor more than one year in the county jail or both is guilty of a Class A misdemeanor.

AB128,437 Section 437. 224.03 of the statutes is amended to read:

AB128,116,22 224.03 Banking, unlawful, without charter; penalty. It shall be unlawful for any person, partnership, association, or corporation to do a banking business without having been regularly organized and chartered as a national bank, a state bank or a trust company bank. Any person or persons violating any of the provisions of this section, either individually or as an interested party in any partnership, association, or corporation shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than $300 nor more than $1,000 or imprisoned in the county jail for not less than 60 days nor more than one year or both is guilty of a Class A misdemeanor.

AB128,438 Section 438. 224.06 (7) of the statutes is amended to read:

AB128,117,2 224.06 (7) Any violation of the provisions contained in subs. (1) and (2) shall subject the bank to a fine forfeiture of $100 per day for each consecutive day of such violation and it shall be the duty of the attorney general to recover any such penalties by action for and in behalf of the state.

AB128,439 Section 439. 224.07 of the statutes is amended to read:

AB128,117,8 224.07 Checks to clear at par. Checks drawn on any bank or trust company, organized under the laws of this state, shall be cleared at par by the bank or trust company on which they are drawn. Any bank or trust company, or officer or employee thereof, who violates the provisions of this section shall be guilty of a Class C misdemeanor and punished as provided in s. 939.61.

AB128,440 Section 440. 224.80 (1) of the statutes is amended to read:

AB128,117,14 224.80 (1) Penalties. A person who violates any provision of this subchapter or any rule promulgated under this subchapter may be fined not more than $25,000 or imprisoned for not more than 9 months or both is guilty of a Class A misdemeanor. The district attorney of the county where the violation occurs shall enforce the penalty under this subsection on behalf of the state.

AB128,441 Section 441. 230.43 (1) (e) of the statutes is amended to read:

AB128,117,19 230.43 (1) (e) Obstruction or falsifications of examinations. Who personates any other person, or permits or aids in any manner any other person to personate him or her in connection with any examination, registration, application or request to be examined or registered, shall for each offense be guilty of a Class A misdemeanor.

AB128,442 Section 442. 230.43 (3) of the statutes is repealed

AB128,443 Section 443. 231.02 (6) (a) of the statutes is amended to read:

AB128,118,2 231.02 (6) (a) Any member, officer, agent or employee of the authority who, directly or indirectly, has any financial interest in any bond issue or in any loan or any property to be included in, or any contract for property or materials to be furnished or used in connection with, any project of the authority, may be fined not less than $50 nor more than $1,000, or imprisoned not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,444 Section 444. 236.31 (1) of the statutes is amended to read:

AB128,118,12 236.31 (1) Any subdivider or the subdivider's agent who offers or contracts to convey, or conveys, any subdivision as defined in s. 236.02 (12) or lot or parcel which lies in a subdivision as defined in s. 236.02 (12) knowing that the final plat thereof has not been recorded may be fined not more than $500 or imprisoned not more than 6 months or both is guilty of a Class B misdemeanor; except where the preliminary or final plat of the subdivision has been filed for approval with the town or municipality in which the subdivision lies, an offer or contract to convey may be made if that offer or contract states on its face that it is contingent upon approval of the final plat and shall be void if such plat is not approved.

AB128,445 Section 445. 236.32 (1m) (intro.) of the statutes is amended to read:

AB128,118,17 236.32 Penalty for disturbing or not placing monuments. (1m) (intro.) Any of the following may be fined not more than $250 or imprisoned not more than one year in county jail for any of the following violations charged with a Class A misdemeanor:

AB128,446 Section 446. 236.33 of the statutes is amended to read:

AB128,119,8 236.33 Division of land into small parcels in cities of the first class prohibited; penalty. It shall be unlawful to divide or subdivide and convey by deed or otherwise any lot in any recorded plat or any parcel or tract of unplatted land in any city of the first class so as to create a lot or parcel of land which does not have street or public highway frontage of at least 4 feet or an easement to a street or public highway of a minimum width of 4 feet but this section shall not apply to conveyances by tax deed or through the exercise of eminent domain or to such reductions in size or area as are caused by the taking of property for public purposes. This section shall not prohibit the dividing or subdividing of any lot or parcel of land in any such city where the divided or subdivided parts thereof which become joined in ownership with any other lot or parcel of land comply with the requirements of this section, if the remaining portion of such lot or parcel so divided or subdivided complies. Any person who shall make such conveyance or procure such a sale or act as agent in procuring such sale or conveyance shall be fined not less than $100 or more than $500 or imprisoned not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,447 Section 447. 236.35 (2) of the statutes is amended to read:

AB128,119,11 236.35 (2) Any person violating this section may be fined not more than $200 or imprisoned not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,448 Section 448. 241.025 of the statutes is amended to read:

AB128,119,21 241.025 Contracts for employment. Any person who shall represent, as an inducement to the sale of any course of study, that that person or the school offering such course will, upon the purchaser's completion of such course, place such purchaser in employment unless there is a written contract between such school and an employer whereby the latter is bound to furnish such employment as represented, is guilty of a Class C misdemeanor. Such purchaser shall be entitled, if such representation is made and no such contract exists, to have the purchase price, tuition, fee or other consideration paid for the course refunded and may recover the same in an action of debt.

AB128,449 Section 449. 250.04 (7) of the statutes is amended to read:

AB128,120,3 250.04 (7) The department may promulgate and enforce rules and issue and enforce orders governing the duties of all local health officers and local boards of health and relating to any subject matter under the department's supervision that are necessary to provide efficient administration and to protect health. Whoever violates a rule or order specified under this subsection shall be fined forfeit not less than $10 nor more than $100 for each offense, unless a different penalty is provided.

AB128,450 Section 450. 250.045 (5) (a) of the statutes is amended to read:

AB128,120,10 250.045 (5) (a) Any person who violates this section or an order issued under this section may be fined not more than $10,000 plus is guilty of a Class A misdemeanor. In addition to any penalty imposed for the misdemeanor, the person may be fined in an amount equal to the retail value of any drugs moved, sold or disposed of in violation of this section or an order issued under this section or imprisoned not more than one year in the county jail or both.

AB128,451 Section 451. 250.045 (5) (b) (intro.) of the statutes is amended to read:

AB128,120,14 250.045 (5) (b) (intro.) Any person who does either of the following may be fined not more than $5,000 or imprisoned not more than one year in the county jail or both is guilty of a Class A misdemeanor:

AB128,452 Section 452. 252.06 (4) (b) 2. of the statutes is amended to read:

AB128,120,17 252.06 (4) (b) 2. A violation of subd. 1. is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both a Class A misdemeanor.

AB128,453 Section 453. 252.15 (9) of the statutes is amended to read:

AB128,121,3 252.15 (9) Penalties. Whoever intentionally discloses the results of an HIV test in violation of sub. (3m) (b) or (f) or (5m) and thereby causes bodily harm or psychological harm to the subject of the HIV test may be fined not more than $50,000 or imprisoned not more than 9 months or both is guilty of a Class A misdemeanor. Whoever negligently discloses the results of an HIV test in violation of sub. (3m) (b) or (f) or (5m) is subject to a forfeiture of not more than $2,000 for each violation. Whoever intentionally discloses the results of an HIV test in violation of sub. (3m) (b) or (f) or (5m), knowing that the information is confidential, and discloses the information for pecuniary gain may be fined not more than $200,000 or imprisoned not more than 3 years and 6 months, or both.

AB128,454 Section 454. 252.25 of the statutes is amended to read:

AB128,121,9 252.25 Violation of law relating to health. Any person who willfully violates or obstructs the execution of any state statute or rule, county, city or village ordinance or departmental order under this chapter and relating to the public health, for which no other penalty is prescribed, shall be imprisoned for not more than 30 days or fined not more than $500 or both is guilty of a Class C misdemeanor.

AB128,455 Section 455. 254.30 (2) (b) of the statutes is amended to read:

AB128,121,15 254.30 (2) (b) Criminal penalty. Any person who knowingly violates any provision of ss. 254.11 to 254.178 or any rule promulgated, or order issued, under those sections shall be fined forfeit not less than $100 nor more than $5,000. The court may place the person on probation under s. 973.09 for a period not to exceed 2 years.

AB128,456 Section 456. 254.47 (3) of the statutes is amended to read:

AB128,121,23 254.47 (3) Anyone who violates this section or any rule of the department under this section shall be fined forfeit not less than $25 nor more than $250. Anyone who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. The department may also, after a hearing under ch. 227, refuse to issue a permit under this section or suspend or revoke a permit under this section for violation of this section or any rule or order the department issues to implement this section.

AB128,457 Section 457. 254.59 (2) of the statutes is amended to read:

AB128,123,2 254.59 (2) If a human health hazard is found on private property, the local health officer shall notify the owner and the occupant of the property, by registered mail with return receipt requested, of the presence of the human health hazard and order its abatement or removal within 30 days of receipt of the notice. If the human health hazard is not abated or removed by that date, the local health officer shall immediately enter upon the property and abate or remove the human health hazard or may contract to have the work performed. The human health hazard shall be abated in a manner which is approved by the local health officer. The cost of the abatement or removal may be recovered from the person permitting the violation or may be paid by the municipal treasurer and the account, after being paid by the treasurer, shall be filed with the municipal clerk, who shall enter the amount chargeable to the property in the next tax roll in a column headed "For Abatement of a Nuisance" as a special tax on the lands upon which the human health hazard was abated, and the tax shall be collected as are other taxes. In case of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the secretary of administration shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both is guilty of a Class B misdemeanor. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed or any applicable defense under s. 74.33.

AB128,458 Section 458. 254.59 (4) of the statutes is amended to read:

AB128,123,12 254.59 (4) In cities under general charter, the local health officer may enter into and examine any place at any time to ascertain health conditions, and anyone refusing to allow entrance at reasonable hours shall be fined forfeit not less than $10 nor more than $100. If the local health officer deems it necessary to abate or remove a human health hazard found on private property, the local health officer shall serve notice on the owner or occupant to abate or remove within a reasonable time that is not less than 24 hours; and if he or she fails to comply, or if the human health hazard is on property whose owner is a nonresident, or cannot be found, the local health officer shall cause abatement or removal.

AB128,459 Section 459. 254.59 (5) of the statutes is amended to read:

AB128,124,5 254.59 (5) The cost of abatement or removal of a human health hazard under this section may be at the expense of the municipality and may be collected from the owner or occupant, or person causing, permitting, or maintaining the human health hazard, or may be charged against the premises and, upon certification of the local health officer, assessed as are other special taxes. In cases of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the secretary of administration shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both is guilty of a Class B misdemeanor. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed, or any applicable defense under s. 74.33.

AB128,460 Section 460. 254.76 (1) of the statutes is amended to read:

AB128,124,14 254.76 (1) Any person who, by smoking, or attempting to light or to smoke cigarettes, cigars, pipes or tobacco, in any manner in which lighters or matches are employed, shall, in a careless, reckless or negligent manner, set fire to any bedding, furniture, curtains, drapes, house or any household fittings, or any part of any building specified in sub. (2), so as to endanger life or property in any way or to any extent, shall be fined not less than $50 nor more than $250, together with costs, or imprisoned not less than 10 days nor more than 6 months or both is guilty of a Class B misdemeanor.

AB128,461 Section 461. 254.83 (1) of the statutes is amended to read:

AB128,125,2 254.83 (1) Every hotelkeeper shall keep posted in a conspicuous place in each sleeping room in his or her hotel, in type not smaller than 12-point, the rates per day for each occupant. Such rates shall not be changed until notice to that effect has been posted, in a similar manner, for 10 days previous to each change. Any hotelkeeper who fails to have the rates so posted or who charges, collects or receives for the use of any room a sum different from the authorized charge shall be fined forfeit not less than $50 nor more than $100. A hotelkeeper may permit a room to be occupied at the rate of a lower priced room when all of the lower priced rooms are taken and until one of them becomes unoccupied. Special rates may be made for the use of sleeping rooms, either by the week, month or for longer periods or for use by families or other collective groups. The department or its representatives may enforce the posting of rates as provided in this subsection.

AB128,462 Section 462. 254.83 (2) (d) of the statutes is amended to read:

AB128,125,6 254.83 (2) (d) A hotelkeeper who fails to post the notice required under par. (a) or who posts an inaccurate notice shall be fined forfeit not less than $50 nor more than $100.

AB128,463 Section 463. 254.84 (6) of the statutes is amended to read:

AB128,125,10 254.84 (6) Penalty. Whoever violates this section shall be fined not more than $300 or imprisoned not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,464 Section 464. 254.85 (5) (a) of the statutes is amended to read:

AB128,125,17 254.85 (5) (a) Except as provided in par. (b), any person who violates this section or an order issued under this section may be fined not more than $10,000 plus is guilty of a Class A misdemeanor. In addition to any penalty imposed for the misdemeanor, the person may be fined in an amount equal to the retail value of any food moved, sold or disposed of in violation of this section or the order, or imprisoned not more than one year in the county jail, or both.

AB128,465 Section 465. 254.85 (5) (b) (intro.) of the statutes is amended to read:

AB128,125,21 254.85 (5) (b) (intro.) Any person who does either of the following may be fined not more than $5,000 or imprisoned not more than one year in a county jail, or both is guilty of a Class A misdemeanor:

AB128,466 Section 466. 254.88 of the statutes is amended to read:

AB128,126,4 254.88 Penalty. Anyone who violates this subchapter, except s. 254.83, 254.84 or 254.85, or any rule of the department promulgated under this subchapter shall be fined forfeit not less than $100 nor more than $1,000. Anyone who fails to comply with an order of the department under this subchapter except s. 254.85 shall forfeit $50 for each day of noncompliance after the order is served upon or directed to him or her, and in case of action under s. 254.87, after lapse of a reasonable time after final determination.

AB128,467 Section 467. 254.92 (2m) (intro.) of the statutes is amended to read:

AB128,126,8 254.92 (2m) (intro.) No person may purchase cigarettes, tobacco products, or nicotine products on behalf of, or to provide to, any person who is under 18 years of age. Any person who violates this subsection may be is:

AB128,468 Section 468. 254.92 (2m) (b) of the statutes is amended to read:

AB128,126,12 254.92 (2m) (b) Fined not more than $500 or imprisoned for not more than 30 days or both Guilty of a Class C misdemeanor if the person has committed a previous violation within 30 months of the violation.

AB128,469 Section 469. 254.92 (2m) (c) of the statutes is amended to read:

AB128,126,16 254.92 (2m) (c) Fined not more than $1,000 or imprisoned for not more than 90 days or both Guilty of a Class B misdemeanor if the person has committed 2 previous violations within 30 months of the violation.