AB128: Bill Text

AB128,63,19 103.87 Employee not to be disciplined for testifying. No employer may discharge an employee because the employee is subpoenaed to testify in an action or proceeding pertaining to a crime or pursuant to ch. 48 or 938. On or before the first business day after the receipt of a subpoena to testify, the employee shall give the employer notice if he or she will have to be absent from employment because he or she has been subpoenaed to testify in an action or proceeding pertaining to a crime or pursuant to ch. 48 or 938. If a person is subpoenaed to testify in an action or proceeding as a result of a crime, as defined in s. 950.02 (1m), against the person's employer or an incident involving the person during the course of his or her employment, the employer shall not decrease or withhold the employee's pay for any time lost resulting from compliance with the subpoena. An employer who violates this section may be fined required to forfeit not more than $200 and may be required to make full restitution to the aggrieved employee, including reinstatement and back pay. Except as provided in this section, restitution shall be in accordance with s. 973.20.

AB128,222 Section 222. 104.10 of the statutes is amended to read:

AB128,64,2 104.10 Penalty for intimidating witness. Any employer who discharges or threatens to discharge, or in any way discriminates, or threatens to discriminate against any employee because the employee has testified or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of forfeit $25 for each offense.

AB128,223 Section 223. 108.225 (18) of the statutes is amended to read:

AB128,64,10 108.225 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employee by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever willfully violates this subsection 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.

AB128,224 Section 224. 108.24 (1) of the statutes is amended to read:

AB128,64,18 108.24 (1) Any person who knowingly makes a false statement or representation to obtain any benefit payment under this chapter, either for himself or herself or for any other person, shall be fined not less than $100 nor more than $500 or imprisoned not more than 90 days, or both is guilty of a Class B misdemeanor; and each such false statement or representation constitutes a separate offense. This penalty A penalty imposed under this subsection is in addition to any penalty imposed under s. 108.04 (11) (bh).

AB128,225 Section 225. 108.24 (2) of the statutes is amended to read:

AB128,65,2 108.24 (2) Except as provided in sub. (2m) and s. 108.16 (8) (m), any person who knowingly makes a false statement or representation in connection with any report or as to any information duly required by the department under this chapter, or who knowingly refuses or fails to keep any records or to furnish any reports or information duly required by the department under this chapter, shall be fined not less than $100 nor more than $500, or imprisoned not more than 90 days or both is guilty of a Class B misdemeanor; and each such false statement or representation and every day of such refusal or failure constitutes a separate offense.

AB128,226 Section 226. 108.24 (2m) of the statutes is amended to read:

AB128,65,8 108.24 (2m) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who willfully provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall be fined forfeit $25,000 for each violation.

AB128,227 Section 227. 108.24 (3) (a) (intro.) of the statutes is amended to read:

AB128,65,12 108.24 (3) (a) (intro.) Whoever does any of the following shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than 90 days or both is guilty of a Class B misdemeanor:

AB128,228 Section 228. 108.24 (4) of the statutes is amended to read:

AB128,65,22 108.24 (4) Any person who, without authorization of the department, permits inspection or disclosure of any record relating to the administration of this chapter that is provided to the person by the department under s. 108.14 (7) (a), (b), or (bm), and any person who, without authorization of the commission, permits inspection or disclosure of any record relating to the administration of this chapter that is provided to the person by the commission under s. 108.14 (7) (a), shall be fined not less than $25 nor more than $500 or may be imprisoned in the county jail for not more than one year or both is guilty of a Class A misdemeanor. Each such unauthorized inspection or disclosure constitutes a separate offense.

AB128,229 Section 229. 109.11 (3) of the statutes is amended to read:

AB128,66,6 109.11 (3) Criminal penalties. Any employer who, having the ability to pay, fails to pay the wages due and payable as provided in this chapter or falsely denies the amount or validity thereof or that such wages are due, with intent to secure any discount upon such indebtedness or with intent to annoy, harass, oppress, hinder or defraud the person to whom such wages are due, may be fined not more than $500 or imprisoned not more than 90 days or both is guilty of a Class A misdemeanor. Each failure or refusal to pay each employee the amount of wages due at the time, or under the conditions required in this chapter, constitutes a separate offense.

AB128,230 Section 230. 111.14 of the statutes is amended to read:

AB128,66,12 111.14 Penalty. Any person who shall willfully assault, resist, prevent, impede or interfere with any member of the commission or any of its agents or agencies in the performance of duties pursuant to this subchapter shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than one year, or both is guilty of a Class A misdemeanor.

AB128,231 Section 231. 111.327 of the statutes is amended to read:

AB128,66,21 111.327 Construction contractors. Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who willfully and with intent to evade any requirement of this subchapter misclassifies or attempts to misclassify an individual who is an employee of the employer as a nonemployee shall be fined forfeit $25,000 for each violation. The department shall promulgate rules defining what constitutes a willful misclassification of an employee as a nonemployee for purposes of this section and of ss. 102.07 (8) (d) and 108.24 (2m).

AB128,232 Section 232. 111.62 of the statutes is amended to read:

AB128,67,9 111.62 Strikes, work stoppages, slowdowns, lockouts, unlawful; penalty. It shall be unlawful for any group of employees of a public utility employer acting in concert to call a strike or to go out on strike, or to cause any work stoppage or slowdown which would cause an interruption of an essential service; it also shall be unlawful for any public utility employer to lock out the employer's employees when such action would cause an interruption of essential service; and it shall be unlawful for any person or persons to instigate, to induce, to conspire with, or to encourage any other person or persons to engage in any strike or lockout or slowdown or work stoppage which would cause an interruption of an essential service. Any violation of this section by any member of a group of employees acting in concert or by any employer or by any officer of an employer acting for such employer, or by any other individual, shall constitute a is a Class C misdemeanor.

AB128,233 Section 233. 111.70 (7m) (c) 2. of the statutes is amended to read:

AB128,67,18 111.70 (7m) (c) 2. `Individuals.' Any individual who violates sub. (4) (L) after an injunction against a strike has been issued shall be fined forfeit $10. Each day of continued violation constitutes a separate offense. After the injunction has been issued, any municipal employee who is absent from work because of purported illness is presumed to be on strike unless the illness is verified by a written report from a physician to the municipal employer. The court shall order that any fine forfeiture imposed under this subdivision be paid by means of a salary deduction at a rate to be determined by the court.

AB128,234 Section 234. 114.09 (2) (c) 2. of the statutes is amended to read:

AB128,67,24 114.09 (2) (c) 2. May be fined not less than $50 nor more than $500 or imprisoned for not more than one year in the county jail or both Is guilty of a Class A misdemeanor if the total of convictions under sub. (1) (b) 2. equals 2 or more in a 4-year period. The 4-year period shall be measured from the dates of the violations that resulted in the convictions.

AB128,235 Section 235. 114.103 (3) of the statutes is amended to read:

AB128,68,3 114.103 (3) Any private security person who violates sub. (2) may be fined not more than $500 or imprisoned for not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,236 Section 236. 114.27 of the statutes is amended to read:

AB128,68,8 114.27 Penalty. Except as provided in ss. 114.103 and 114.40, any person failing to comply with the requirements or violating any of the provisions of this chapter shall be fined not more than $500 or imprisoned for not more than 90 days or both is guilty of a Class B misdemeanor.

AB128,237 Section 237. 115.31 (7) of the statutes is amended to read:

AB128,68,12 115.31 (7) Any person who intentionally fails to report as required under this section may be fined not more than $1,000 or imprisoned for not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,238 Section 238. 118.03 (4) of the statutes is amended to read:

AB128,68,15 118.03 (4) Any person violating this section may be fined required to forfeit not less than $25 nor more than $100.

AB128,239 Section 239. 118.15 (5) (a) 1. (intro.) of the statutes is amended to read:

AB128,68,21 118.15 (5) (a) 1. (intro.) Except as provided under par. (b) or if a person has been found guilty of a misdemeanor under s. 948.45, whoever violates this section may be penalized as follows, if evidence has been provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not required to be completed as provided in s. 118.16 (5m), a person who violates this section:

AB128,240 Section 240. 118.15 (5) (a) 1. a. of the statutes is amended to read:

AB128,68,24 118.15 (5) (a) 1. a. For the first offense, by a fine of not more than $500 or imprisonment for not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,241 Section 241. 118.15 (5) (a) 1. b. of the statutes is amended to read:

AB128,69,3 118.15 (5) (a) 1. b. For a 2nd or subsequent offense, by a fine of not more than $1,000 or imprisonment for not more than 90 days or both is guilty of a Class B misdemeanor.

AB128,242 Section 242. 118.20 (5) of the statutes is amended to read:

AB128,69,13 118.20 (5) If any public school official, employee, teachers agency or placement bureau violates sub. (1) or fails or refuses to obey any lawful order made by the state superintendent pursuant to this section, such person shall forfeit and pay into the state treasury not less than $25 nor more than $50, or be imprisoned not less than 5 nor more than 30 days is guilty of a Class C misdemeanor. Such violation or failure or refusal to obey an order shall be grounds for the removal of any school district administrator, member of a school board or other public school official. Findings and orders of the state superintendent under this section shall be subject to judicial review under ch. 227.

AB128,243 Section 243. 120.13 (35) (a) of the statutes is renumbered 120.13 (35).

AB128,244 Section 244 . 120.13 (35) (b) of the statutes is repealed.

AB128,245 Section 245. 125.04 (13) of the statutes is amended to read:

AB128,69,19 125.04 (13) Penalties. Any person who violates sub. (1) 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.

AB128,246 Section 246. 125.07 (1) (b) 2. b. of the statutes is amended to read:

AB128,69,23 125.07 (1) (b) 2. b. Fined not more than $500 or imprisoned for not more than 30 days or both Is guilty of a Class C misdemeanor if the person has committed a previous violation within 30 months of the violation.

AB128,247 Section 247. 125.07 (1) (b) 2. c. of the statutes is amended to read:

AB128,70,3 125.07 (1) (b) 2. c. Fined not more than $1,000 or imprisoned for not more than 90 days or both Is guilty of a Class B misdemeanor if the person has committed 2 previous violations within 30 months of the violation.

AB128,248 Section 248. 125.07 (1) (b) 2. d. of the statutes is amended to read:

AB128,70,7 125.07 (1) (b) 2. d. Fined not more than $10,000 or imprisoned for not more than 9 months or both Is guilty of a Class A misdemeanor if the person has committed 3 or more previous violations within 30 months of the violation.

AB128,249 Section 249. 125.07 (2) (b) of the statutes is amended to read:

AB128,70,11 125.07 (2) (b) Penalties. Any person who violates par. (a) shall be fined not less than $100 nor more than $500 or imprisoned for not more than 60 days or both is guilty of a Class C misdemeanor.

AB128,250 Section 250. 125.085 (3) (a) 1. of the statutes is amended to read:

AB128,70,21 125.085 (3) (a) 1. No person may make, alter or duplicate an official identification card, provide an official identification card to an underage person or knowingly provide other documentation to an underage person purporting to show that the underage person has attained the legal drinking age. No person may possess an official identification card or other documentation used for proof of age with the intent of providing it to an underage person. Except as provided in subds. 2. and 3., any person who violates this subdivision may be fined not less than $300 nor more than $1,250 or imprisoned for not less than 10 days nor more than 30 days or both is guilty of a Class C misdemeanor.

AB128,251 Section 251. 125.105 (2) (a) of the statutes is amended to read:

AB128,70,25 125.105 (2) (a) Whoever violates sub. (1) with the intent to mislead another 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.

AB128,252 Section 252. 125.11 (1) of the statutes is amended to read:

AB128,71,6 125.11 (1) General penalty. Any person who violates any provision of this chapter for which a specific penalty is not provided, shall be fined not more than $1,000 or imprisoned for not more than 90 days or both is guilty of a Class B misdemeanor. Any license or permit issued to the person under this chapter may be revoked by the court.

AB128,253 Section 253. 125.315 (2) of the statutes is amended to read:

AB128,71,9 125.315 (2) A person who violates sub. (1) 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.

AB128,254 Section 254. 125.33 (9) of the statutes is amended to read:

AB128,71,17 125.33 (9) Campuses and retailers to purchase from wholesalers. Except as provided in ss. 125.29 (3m) (b) and (c), 125.295 (1) (g), and 125.30 (4), no campus or retail licensee or permittee may purchase or possess fermented malt beverages purchased from any person other than a wholesaler holding a permit under this chapter for the sale of fermented malt beverages. Any person who violates this subsection 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.

AB128,255 Section 255. 125.65 (9) of the statutes is amended to read:

AB128,71,24 125.65 (9) Any person who violates this section shall 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. Conviction for a violation of this section shall result in automatic revocation of any permit issued under this section. If a permit issued under this section is so revoked, another permit may not be issued to the same person for a period of 2 years following revocation.

AB128,256 Section 256. 125.66 (1) of the statutes is amended to read:

AB128,72,4 125.66 (1) No person may sell, or possess with intent to sell, intoxicating liquor unless that person holds the appropriate license or permit. Whoever violates this subsection 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.

AB128,257 Section 257. 125.67 of the statutes is amended to read:

AB128,72,10 125.67 Evading provisions of law by giving away intoxicating liquor; penalties. No person may give away intoxicating liquor or use any other means to evade any law of this state relating to the sale of intoxicating liquor. Whoever violates this subsection 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.

AB128,258 Section 258. 125.68 (8) (a) (intro.) of the statutes is amended to read:

AB128,72,15 125.68 (8) (a) (intro.) A person convicted of who commits any of the following prohibited activities shall be fined not less than $150 nor more than $500 or imprisoned not less than 60 days nor more than 6 months or both is guilty of a Class B misdemeanor:

AB128,259 Section 259. 125.68 (9) (g) of the statutes is repealed and recreated to read:

AB128,72,18 125.68 (9) (g) A person who violates this subsection is guilty of a Class A misdemeanor.

AB128,260 Section 260. 126.87 (2) (b) of the statutes is amended to read:

AB128,72,23 126.87 (2) (b) A person who intentionally violates this chapter, a rule promulgated under this chapter, or an order issued under this chapter may be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both is guilty of a Class A misdemeanor.

AB128,261 Section 261. 132.03 of the statutes is amended to read:

AB128,73,4 132.03 Penalty. Every person who knowingly and willfully violates s. 132.01 or 132.02, except those provisions relative to emergency repairs, shall be imprisoned for not more than 6 months or fined not more than $10,000 or both is guilty of a Class B misdemeanor.

AB128,262 Section 262. 132.032 of the statutes is amended to read:

AB128,73,12 132.032 Fraudulent filing; remedies. Any person who, for himself, herself or on behalf of any other person, association or union, procures the filing and recording of any mark by making any false or fraudulent representations or declarations, verbally or in writing, or by any other fraudulent means is liable for any damages sustained as a result of that action, to be recovered by or on behalf of the injured party, and shall be imprisoned for not more than 6 months or fined not more than $10,000 or both is guilty of a Class B misdemeanor.

AB128,263 Section 263. 132.07 of the statutes is amended to read:

AB128,73,18 132.07 Penalty for unlawful use. Any person or persons or corporation or any officer or agent of any corporation acting for or in the name of such corporation who knowingly and willfully with intent to unlawfully convert to his or her own use violates s. 132.04, 132.05, 132.06 or 132.08 shall be imprisoned for not more than 6 months or fined not more than $10,000 or both is guilty of a Class B misdemeanor.

AB128,264 Section 264. 132.13 (3) of the statutes is amended to read:

AB128,74,2 132.13 (3) Any person who possesses for the purpose of sale or offering for sale any convict-made goods, wares or merchandise without the brands, marks, labels or tags thereon as required by this section, or who removes or defaces such brand, mark, label or tag or who sells a part of such article without attaching such brand, mark, label or tag, shall be deemed is guilty of a Class B misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment in the county jail for a period of not more than 90 days or by both such fine and imprisonment.

AB128,265 Section 265. 132.16 (7) of the statutes is amended to read:

AB128,74,9 132.16 (7) Any person who willfully wears, exhibits, displays, prints, or uses for any purpose any identifying information of any organization registered under this section, unless he or she is entitled to do so under the organizations' constitution and bylaws, rules, and regulations, is guilty of a Class C misdemeanor punishable by a fine not exceeding $100, and, in default of payment, may be committed to jail for a period of not to exceed 60 days.

AB128,266 Section 266. 132.17 of the statutes is amended to read:

AB128,75,2 132.17 Certain badges; penalty for unauthorized wearing. Any person who shall willfully wear the insignia, rosette, or badge or any imitation thereof, of the military order of the Loyal Legion of the United States, the Grand Army of the Republic, the United Spanish War Veterans, Veterans of Foreign Wars of the United States, the Military Order of Foreign Wars, the American Legion, the Disabled American Veterans, the Thirty-second Division Veteran Association, the American Veterans of World War II (AMVETS), or of the Benevolent and Protective Order of the Elks of the United States, Knights of Columbus, Odd Fellows, Free Masons, Knights of Pythias, or of any other society, order or organization, operating under the lodge system, of 10 years' standing in this state, or of any duly incorporated fraternal, social, or service organization, or of the division of emergency management in the department of military affairs or shall willfully use the same to obtain aid or assistance thereby within this state, or shall willfully use the name of such society, order or organization, the titles of its officers, or its insignia, unless entitled to use or wear the same under the constitution, bylaws, rules and regulations thereof, shall be imprisoned not more than 30 days or fined not exceeding $20, or both is guilty of a Class C misdemeanor.