AB128: Bill Text

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.

AB128,470 Section 470. 254.92 (2m) (d) of the statutes is amended to read:

AB128,126,20 254.92 (2m) (d) Fined not more than $10,000 or imprisoned for not more than 9 months or both Guilty of a Class A misdemeanor if the person has committed 3 or more previous violations within 30 months of the violation.

AB128,471 Section 471. 255.04 (10) (a) of the statutes is amended to read:

AB128,126,24 255.04 (10) (a) Whoever intentionally violates sub. (8) (a), (b), or (c) may be fined not more than $15,000 or imprisoned for not more than one year in the county jail or both is guilty of a Class A misdemeanor.

AB128,472 Section 472. 256.30 (7) of the statutes is amended to read:

AB128,127,2 256.30 (7) A hospital which violates this section may be fined required to forfeit not more than $1,000 for each offense.

AB128,473 Section 473. 256.35 (10) (a) of the statutes is amended to read:

AB128,127,9 256.35 (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 $100 nor more than $600 or imprisoned not more than 90 days or both is guilty of a Class B misdemeanor for the first offense and is guilty of a Class H felony for any other offense committed within 4 years after the first offense.

AB128,474 Section 474. 256.35 (10) (b) of the statutes is amended to read:

AB128,127,14 256.35 (10) (b) Any person who discloses or uses, for any purpose not related to the operation of a basic or sophisticated system, any information contained in the database of that system shall be fined forfeit not more than $10,000 for each occurrence.

AB128,475 Section 475. 299.83 (10) of the statutes is amended to read:

AB128,127,19 299.83 (10) Penalty. Any person who intentionally makes a false statement in material submitted under this section shall be fined not less than $10 nor more than $10,000 or imprisoned for not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,476 Section 476. 299.85 (10) of the statutes is amended to read:

AB128,127,23 299.85 (10) Penalty. Any person who intentionally makes a false statement under this section shall be fined not less than $10 nor more than $10,000 or imprisoned for not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,477 Section 477. 301.12 (14) (e) 4. of the statutes is amended to read:

AB128,128,9 301.12 (14) (e) 4. No employer may use an assignment under this paragraph as a basis for the denial of employment to a person, the discharge of an employee or any disciplinary action against an employee. An employer who denies employment or discharges or disciplines an employee in violation of this subdivision may be fined required to forfeit not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this subdivision, restitution shall be in accordance with s. 973.20. An aggrieved person may apply to the district attorney or to the department of workforce development for enforcement of this subdivision.

AB128,478 Section 478. 301.45 (6) (a) 2. (intro.) of the statutes is amended to read:

AB128,128,13 301.45 (6) (a) 2. (intro.) The person may be fined not more than $10,000 or imprisoned for not more than 9 months or both is guilty of a Class A misdemeanor if all of the following apply:

AB128,479 Section 479. 301.45 (6) (ag) 2. (intro.) of the statutes is amended to read:

AB128,128,17 301.45 (6) (ag) 2. (intro.) The person may be fined not more than $10,000 or imprisoned for not more than 9 months or both if all of the following apply is guilty of a Class A misdemeanor:

AB128,480 Section 480. 301.45 (6) (am) of the statutes is amended to read:

AB128,128,21 301.45 (6) (am) Whoever knowingly fails to keep information confidential as required under sub. (7) may be fined not more than $500 or imprisoned for not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,481 Section 481. 301.47 (3) (b) (intro.) of the statutes is amended to read:

AB128,128,25 301.47 (3) (b) (intro.) The person may be fined not more than $10,000 or imprisoned for not more than 9 months or both is guilty of a Class A misdemeanor if all of the following apply:

AB128,482 Section 482. 302.07 of the statutes is amended to read:

AB128,129,8 302.07 Maintenance of order. The warden or superintendent shall maintain order, enforce obedience, suppress riots and prevent escapes. For such purposes the warden or superintendent may command the aid of the officers of the institution and of persons outside of the prison; and any person who fails to obey such command shall be punished by imprisonment in the county jail not more than one year or by a fine not exceeding $500 is guilty of a Class A misdemeanor. The warden or superintendent may adopt proper means to capture escaped inmates.

AB128,483 Section 483. 302.375 (1m) (intro.) of the statutes is amended to read:

AB128,129,14 302.375 (1m) (intro.) Except as provided in s. 302.375 (2m), any sheriff, jailer or keeper of any prison, jail or house of correction or any other person who does any of the following with respect to a prisoner within the precincts of any prison, jail or house of correction shall be fined not more than $10,000 or imprisoned not more than 9 months or both is guilty of a Class A misdemeanor:

AB128,484 Section 484. 302.375 (2) of the statutes is amended to read:

AB128,129,18 302.375 (2) Except as provided in s. 302.375 (2m), any prisoner who uses intoxicating liquor in violation of s. 302.37 (2) shall be fined not more than $10,000 or imprisoned for not more than 9 months or both is guilty of a Class A misdemeanor.

AB128,485 Section 485. 302.375 (3) (a) of the statutes is amended to read:

AB128,129,24 302.375 (3) (a) Any sheriff, jailer or keeper of any prison, jail or house of correction or any other person who places, keeps together or knowingly permits to be kept together prisoners of different sexes within the precincts of any prison, jail or house of correction shall be fined not more than $500 or imprisoned not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,486 Section 486. 321.62 (5) (d) of the statutes is amended to read:

AB128,130,3 321.62 (5) (d) Any person who shall make or use an affidavit required under this subsection that he or she knows to be false shall be fined not more than $10,000 or imprisoned for not more than 9 months or both is guilty of a Class A misdemeanor.

AB128,487 Section 487. 321.62 (11) (c) of the statutes is amended to read:

AB128,130,8 321.62 (11) (c) Any person who knowingly takes part in any eviction prohibited under par. (a) except as provided in this subsection, or attempts to do so, shall be fined not more than $10,000 or imprisoned not more than 9 months or both is guilty of a Class A misdemeanor.

AB128,488 Section 488. 321.62 (12) (c) 2. of the statutes is amended to read:

AB128,130,12 321.62 (12) (c) 2. Any person who knowingly causes a foreclosure, sale, or seizure of property that is invalid under subd. 1. shall be fined not more than $10,000 or imprisoned for not more than 9 months or both is guilty of a Class A misdemeanor.

AB128,489 Section 489. 321.62 (14) (e) of the statutes is amended to read:

AB128,130,21 321.62 (14) (e) No person may knowingly seize or retain personal property belonging to a service member who lawfully terminates a lease under this subsection, or in any manner interfere with the removal of the service member's personal property from the premises covered by the lease, for the purpose of subjecting the personal property to a claim for rent accruing after the termination of the lease. Any person who violates this paragraph shall be fined not more than $10,000 or imprisoned for not more than 9 months or both is guilty of a Class A misdemeanor.

AB128,490 Section 490. 321.62 (15) (c) of the statutes is amended to read:

AB128,130,25 321.62 (15) (c) Any person who violates par. (a) may be fined not more than $10,000 or imprisoned for not more than 9 months or both is guilty of a Class A misdemeanor.

AB128,491 Section 491. 322.048 of the statutes is amended to read:

AB128,131,7 322.048 Article 48 — Contempt. A military judge may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. A person subject to this code may be punished for contempt by confinement not to exceed 30 days or a fine forfeiture of $100, or both. A person not subject to this code may be punished for contempt by a military court in the same manner as a court of the state.

AB128,492 Section 492. 323.60 (11) (d) of the statutes is amended to read:

AB128,131,12 323.60 (11) (d) Any person who knowingly and willfully releases a trade secret entitled to protection under 42 USC 11042, as applied under sub. (5) (e), shall be fined not less than $100 nor more than $20,000 or imprisoned for not more than one year in the county jail or both is guilty of a Class A misdemeanor.

AB128,493 Section 493. 341.45 (6) (a) of the statutes is amended to read: