AB128: Bill Text

AB128,71 Section 71. 50.49 (8) of the statutes is amended to read:

AB128,25,15 50.49 (8) Failure to register or operating without license; penalty. It is unlawful for any person, acting jointly or severally with any other person, to conduct, maintain, operate, or permit to be maintained or operated, or to participate in the conducting, maintenance or operating of a home health agency, unless, it is licensed as a home health agency by the department. Any person who violates this section shall be fined forfeit not more than $100 for the first offense and not more than $200 for each subsequent offense, and each day of violation after the first conviction violation shall constitute a separate offense.

AB128,72 Section 72. 50.55 (2) of the statutes is amended to read:

AB128,25,19 50.55 (2) Other penalty. Whoever violates s. 50.54 (2) 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.

AB128,73 Section 73. 51.30 (10) (a) (intro.) of the statutes is amended to read:

AB128,25,23 51.30 (10) (a) (intro.) Whoever does any of the following 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:

AB128,74 Section 74. 51.61 (5) (d) of the statutes is amended to read:

AB128,26,7 51.61 (5) (d) No person may intentionally retaliate or discriminate against any patient or employee for contacting or providing information to any official or to an employee of any state protection and advocacy agency, or for initiating, participating in, or testifying in a grievance procedure or in an action for any remedy authorized under this section. Whoever violates this paragraph 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.

AB128,75 Section 75. 51.61 (7m) (intro.) of the statutes is amended to read:

AB128,26,13 51.61 (7m) (intro.) Whoever intentionally deprives a patient of the ability to seek redress for the alleged violation of his or her rights under this section by unreasonably precluding the patient from doing any of the following 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:

AB128,76 Section 76. 54.62 (8) of the statutes is amended to read:

AB128,27,3 54.62 (8) Accounts; failure of a guardian to file. If a guardian fails to file the guardian's account as required by law or ordered by the court, the court may, upon its own motion or upon the petition of any interested party, order the guardian to show cause why the guardian should not immediately make and file the guardian's reports or accounts. The court shall direct that a copy of the order be served on the guardian at least 20 days before the date that the court has ordered the guardian to appear in court. If a guardian fails, neglects or refuses to make and file any report or account after having been cited by the court to do so, or if the guardian fails to appear in court as directed by a citation issued by the court, the court may, on its own motion or on the petition of any interested party, issue a warrant directed to the sheriff ordering that the guardian be brought before the court to show cause why the guardian should not be punished for contempt. If the court finds that the failure, refusal, or neglect is willful or inexcusable, the guardian may be fined not to exceed required to forfeit not more than $250 or imprisoned not to exceed 10 days or both.

AB128,77 Section 77. 55.043 (9m) (d) of the statutes is amended to read:

AB128,27,7 55.043 (9m) (d) Whoever violates sub. (1m) (c) 1. may be fined not more than $10,000 or imprisoned for not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,78 Section 78. 55.043 (9m) (e) of the statutes is amended to read:

AB128,27,11 55.043 (9m) (e) Whoever intentionally violates sub. (1m) (b) by failure to report as required may be fined not more than $500 or imprisoned not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,79 Section 79. 59.39 of the statutes is amended to read:

AB128,27,21 59.39 Coroner or medical examiner as funeral director, limitation. No coroner, deputy coroner, medical examiner or assistant medical examiner who is a licensed funeral director, an owner or operator of a funeral establishment as defined in s. 445.01, or an employee of a funeral establishment, and no funeral establishment with which such a coroner, deputy coroner, medical examiner or assistant medical examiner is associated, shall perform any of the services of a funeral director upon the body of any person whose death is required by law to be investigated by such coroner, his or her deputy, medical examiner or assistant medical examiner. Any person who violates this section shall be fined forfeit not more than $50.

AB128,80 Section 80. 59.66 (2) (c) of the statutes is amended to read:

AB128,27,25 59.66 (2) (c) Any person violating this subsection shall, upon conviction, be fined not less than $50 nor more than $200 or imprisoned for not less than 30 days nor more than 6 months is guilty of a Class B misdemeanor.

AB128,81 Section 81. 59.74 (2) (e) 1. of the statutes is amended to read:

AB128,28,6 59.74 (2) (e) 1. Except as provided in subd. 2., any person who removes, destroys or makes inaccessible any landmark, monument of survey, corner post of government survey, survey made by the county surveyor or survey of public record without first complying with this subsection shall be fined not to exceed $1,000 or imprisoned in the county jail for not more than one year is guilty of a Class A misdemeanor.

AB128,82 Section 82. 59.76 (2) of the statutes is amended to read:

AB128,28,18 59.76 (2) Any register of deeds who fails or refuses to register farms under sub. (1), or who charges or collects more than the fee specified under s. 59.43 (2) (ag) for recording any such registration, or recording such certificate, or who knowingly registers a farm or estate under a name previously adopted and registered for some other farm or estate in the county, or any person who uses, by way of advertisement or otherwise, the name of any farm or estate registered as provided in this section, to designate or as the name of any farm or estate in the county other than the farm or estate for which the name was registered, unless the name was adopted for and used as the name of the other farm or estate prior to April 6, 1905, shall be fined not less than $5 nor more than $25 or imprisoned for not less than 10 days nor more than 30 days, or both is guilty of a Class C misdemeanor.

AB128,83 Section 83. 62.23 (8) of the statutes is amended to read:

AB128,29,12 62.23 (8) Other measures of enforcement and remedies; penalty. Any building erected, constructed or reconstructed in violation of this section or regulations adopted pursuant thereto shall be deemed an unlawful structure, and the building inspector or city attorney or other official designated by the council may bring action to enjoin such erection, construction or reconstruction, or cause such structure to be vacated or removed. It shall be unlawful to erect, construct or reconstruct any building or structure in violation of this section or regulations adopted pursuant thereto. Any person, firm or corporation violating such provisions shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined forfeit not more than $500. Each and every day during which said illegal erection, construction or reconstruction continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed or reconstructed, or any land is or is proposed to be used in violation of this section or regulations adopted pursuant thereto, the building inspector or the city attorney or any adjacent or neighboring property owner who would be specially damaged by such violation, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent or enjoin or abate or remove such unlawful erection, construction or reconstruction.

AB128,84 Section 84. 63.17 of the statutes is amended to read:

AB128,29,20 63.17 Violations, county civil service. Any person who willfully, or through culpable negligence, violates any provisions of ss. 63.01 to 63.16, or any rule promulgated in accordance with the provisions thereof, shall be is guilty of a Class A misdemeanor, and shall, on conviction thereof, be punished by a fine of not less than $50 nor more than $1,000, or by imprisonment in the county jail for a term of not less than 30 days, nor more than one year or by both such fine and imprisonment in the discretion of the court.

AB128,85 Section 85. 63.20 of the statutes is amended to read:

AB128,30,13 63.20 Compulsory attendance and fees of witnesses. Any person who is served with a subpoena to appear and testify or to produce books and papers, issued by the board of city service commissioners in the course of any investigation conducted under ss. 63.18 to 63.53, and who refuses or neglects to appear and testify or to produce books and papers relevant to the investigation, as commanded in the subpoena, shall be is guilty of a Class C misdemeanor, and shall on conviction be punished by a fine or imprisonment or both, as provided under ss. 63.18 to 63.53. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this state, and shall be paid from the appropriation for the expenses of the board. Any circuit court of this state or any judge thereof, upon application of the board, may compel the attendance of witnesses, the production of books and papers and giving of testimony before the board by attachment for contempt or otherwise, in the same manner as the production of evidence may be compelled before the court. Every person, who takes an oath or makes affirmation before a commissioner in the course of the investigation, and swears or affirms willfully, corruptly and falsely, shall be guilty of perjury, and upon conviction shall be punished accordingly.

AB128,86 Section 86. 63.52 (1) of the statutes is amended to read:

AB128,30,20 63.52 (1) Any person who willfully, or through culpable negligence, violates any provision of ss. 63.18 to 63.51, or any rule promulgated in accordance with the provisions thereof, shall be is guilty of a Class B misdemeanor, and shall, on conviction thereof, be punished by a fine of not less than $50, and not exceeding $1,000, or by imprisonment in the county jail for a term not exceeding 6 months, or by both such fine and imprisonment in the discretion of the court.

AB128,87 Section 87. 66.0417 (5) (a) of the statutes is amended to read:

AB128,31,2 66.0417 (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 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 is guilty of a Class A misdemeanor.

AB128,88 Section 88. 66.0417 (5) (b) (intro.) of the statutes is amended to read:

AB128,31,6 66.0417 (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:

AB128,89 Section 89. 66.0425 (9) of the statutes is amended to read:

AB128,31,10 66.0425 (9) Any person who violates this section may be fined not less than $25 nor more than $500 or imprisoned for not less than 10 days nor more than 6 months or both is guilty of a Class B misdemeanor.

AB128,90 Section 90. 66.0615 (1m) (f) 5. of the statutes is amended to read:

AB128,31,16 66.0615 (1m) (f) 5. Persons who are subject to the tax under this subsection, if that tax is administered by the department of revenue, shall register with the department. Any person who is required to register, including any person authorized to act on behalf of a person who is required to register, who fails to do so is guilty of a Class C misdemeanor.

AB128,91 Section 91. 66.0903 (11) (b) 1. of the statutes is amended to read:

AB128,31,22 66.0903 (11) (b) 1. Except as provided in subds. 2., 4. and 6., any contractor, subcontractor or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both is guilty of a Class B misdemeanor. Each day that any violation continues is a separate offense.

AB128,92 Section 92. 66.1207 (1) (a) of the statutes is amended to read:

AB128,32,4 66.1207 (1) (a) Any person who secures or assists in securing dwelling accommodations under s. 66.1205 by intentionally making false representations in order to receive more than $1,000 but less than $2,500 in financial assistance for which the person would not otherwise be entitled 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.

AB128,93 Section 93. 69.24 (2) (intro.) of the statutes is amended to read:

AB128,32,8 69.24 (2) (intro.) Any person who does any of the following shall be fined not more than $1,000 or imprisoned not more than 90 days or both is guilty of a Class B misdemeanor:

AB128,94 Section 94. 70.40 (2) of the statutes is repealed.

AB128,95 Section 95. 70.42 (2) of the statutes is amended to read:

AB128,32,18 70.42 (2) Every person on whom a tax is imposed by sub. (1) shall on February 1 of each year furnish to the assessor of the town, city or village within which the coal dock is situated, a full and true list or statement of all coal, specifying the respective amounts and different kinds, received in or on, or handled by or over the coal dock during the year immediately preceding January 1 of the year in which the list or statement is to be made. Any operator of a coal dock who fails or refuses to furnish the list or statement or who knowingly makes or furnishes a false or incorrect list or statement, shall be fined not exceeding forfeit not more than $1,000.

AB128,96 Section 96. 70.421 (2) of the statutes is amended to read:

AB128,33,3 70.421 (2) Every person on whom a tax is imposed by sub. (1) shall on February 1 of each year furnish to the assessor of the town, city or village within which the refinery is situated, a full and true list or statement of all crude oil handled and all petroleum products refined specifying the respective amounts and different kinds, refined by the refinery during the year immediately preceding January 1 of the year in which the list or statement is to be made. Any operator of a refinery who fails or refuses to furnish the list or statement or who knowingly makes or furnishes a false or incorrect list or statement, shall be fined not exceeding forfeit not more than $1,000.

AB128,97 Section 97. 70.47 (18) (b) of the statutes is amended to read:

AB128,33,8 70.47 (18) (b) Whoever intentionally alters, damages, removes or conceals any public notice, posted as required by sub. (2), before the expiration of the time for which the notice was posted, may be fined not more than $200 or imprisoned not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,98 Section 98. 71.65 (6) of the statutes is amended to read:

AB128,33,14 71.65 (6) Construction contractors. Any employer who willfully provides false information to the department, or 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.

AB128,99 Section 99. 71.66 (1) (e) of the statutes is amended to read:

AB128,33,19 71.66 (1) (e) Any employee who willfully supplies his or her employer with false or fraudulent information regarding his or her withholding exemption or who willfully fails to supply information which would increase the amount to be withheld may be fined required to forfeit not more than $200.

AB128,100 Section 100. 71.83 (2) (a) 1. of the statutes is amended to read:

AB128,34,4 71.83 (2) (a) 1. `All persons.' If any person, including an officer of a corporation or a manager of a limited liability company required by law to make, render, sign or verify any return, willfully fails or refuses to make a return at the time required in s. 71.03, 71.24 or 71.44 or willfully fails or refuses to make deposits or payments as required by s. 71.65 (3) or willfully renders a false or fraudulent statement required by s. 71.65 (1) and (2) or deposit report or withholding report required by s. 71.65 (3), such person shall be guilty of a Class A misdemeanor and may be fined not more than $10,000 or imprisoned for not to exceed 9 months or both, together with the cost of prosecution.

AB128,101 Section 101. 71.83 (2) (a) 2. of the statutes is amended to read:

AB128,34,13 71.83 (2) (a) 2. `Penalties for certain false documents.' Any person who willfully makes and subscribes any return, claim, statement or other document required by this chapter that that person does not believe to be true and correct as to every material matter or who willfully aids in, procures, counsels or advises the preparation of any return, claim, statement or other document that is false or fraudulent as to any material matter related to, or required by, this chapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both, together with the cost of prosecution is guilty of a Class A misdemeanor.

AB128,102 Section 102. 71.83 (2) (a) 3. of the statutes is amended to read:

AB128,34,18 71.83 (2) (a) 3. `Divulging information.' Any person who violates s. 71.78 shall upon conviction be fined not less than $100 nor more than $500 or imprisoned for not less than one month nor more than 6 months or both is guilty of a Class B misdemeanor.

AB128,103 Section 103. 71.83 (2) (a) 3m. of the statutes is amended to read:

AB128,34,22 71.83 (2) (a) 3m. `Browsing in records.' Any person who violates s. 71.78 (1m) (a) shall upon conviction be fined forfeit not less than $100 nor more than $500 or imprisoned for not less than one month nor more than 6 months or both.

AB128,104 Section 104. 71.83 (2) (a) 4. of the statutes is amended to read:

AB128,35,3 71.83 (2) (a) 4. `Coercing employee to prepay taxes.' Any employer found guilty of violating s. 71.09 (15) (d) may be fined required to forfeit not less than $25 nor more than $200 for each violation.

AB128,105 Section 105. 71.83 (2) (a) 5. of the statutes is amended to read:

AB128,35,9 71.83 (2) (a) 5. `False withholding agreement.' Any employee who willfully supplies an employer with false or fraudulent information regarding an agreement with the intent to defeat or evade the proper withholding of tax under subch. X may be imprisoned for not more than 6 months or fined not more than $500, plus the costs of prosecution, or both is guilty of a Class B misdemeanor.

AB128,106 Section 106. 71.83 (2) (a) 6. of the statutes is amended to read:

AB128,35,13 71.83 (2) (a) 6. `Construction contractor surety bond.' Any person who fails or refuses to comply with s. 71.80 (16) shall be fined forfeit not less than $300 nor more than $5,000.

AB128,107 Section 107. 71.91 (8) (e) of the statutes is amended to read:

AB128,35,22 71.91 (8) (e) Confidentiality. A financial institution participating in the financial institution matching program under this subsection and the employees, agents, officers, and directors of the financial institution, may use any information provided by the department only for the purpose of administering this subsection and shall be subject to the confidentiality provisions of ss. 71.78 (1) and 77.61 (5) (a). Any person violating this paragraph may be fined not less than $25 nor more than $500, or imprisoned in the county jail for not less than 10 days nor more than one year or both is guilty of a Class A misdemeanor.

AB128,108 Section 108. 75.375 of the statutes is amended to read:

AB128,36,4 75.375 Waste on lands subject to a tax certificate; penalty. Any person who shall willfully, maliciously or wantonly injure, destroy or commit waste upon any lands, tenements, or anything appertaining thereto which has been included in a tax certificate for the nonpayment of taxes while such taxes remain unpaid may be fined not more than $500 or imprisoned not more than 90 days or both is guilty of a Class B misdemeanor.

AB128,109 Section 109. 77.27 of the statutes is amended to read:

AB128,36,9 77.27 Penalty for falsifying value. Any person who intentionally falsifies value on a return required to be filed under this subchapter may for each such offense be fined not more than $1,000 or imprisoned in the county jail not more than one year, or both is guilty of a Class A misdemeanor.

AB128,110 Section 110. 77.52 (12) of the statutes is amended to read:

AB128,36,22 77.52 (12) A person who operates as a seller in this state without a permit or after a permit has been suspended or revoked or has expired, unless the person has a temporary permit under sub. (11), and each officer of any corporation, partnership member, limited liability company member, or other person authorized to act on behalf of a seller who so operates, is guilty of a Class C misdemeanor. Except for a person who is registered in accordance with the agreement, as defined in s. 77.65 (2) (a), permits shall be held only by persons actively operating as sellers of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or taxable services. Any person not so operating shall forthwith surrender that person's permit to the department for cancellation. The department may revoke the permit of a person found not to be actively operating as a seller of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or taxable services.

AB128,111 Section 111. 77.52 (16) of the statutes is amended to read:

AB128,37,8 77.52 (16) Any person who gives a resale certificate for property, or items, property, or goods under sub. (1) (b), (c), or (d), or services which that person knows at the time of purchase is not to be resold by that person in the regular course of that person's operations as a seller for the purpose of evading payment to the seller of the amount of the tax applicable to the transaction is guilty of a Class C misdemeanor. Any person certifying to the seller that the sale of property, or items, property, or goods under sub. (1) (b), (c), or (d), or taxable service is exempt, knowing at the time of purchase that it is not exempt, for the purpose of evading payment to the seller of the amount of the tax applicable to the transaction, is guilty of a Class C misdemeanor.

AB128,112 Section 112. 77.52 (19) of the statutes is amended to read:

AB128,37,19 77.52 (19) The department shall by rule provide for the efficient collection of the taxes imposed by this subchapter on sales of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services by persons not regularly engaged in selling at retail in this state or not having a permanent place of business, but who are temporarily engaged in selling from trucks, portable roadside stands, concessions at fairs and carnivals, and the like. The department may authorize such persons to sell property or items, property or goods under sub. (1) (b), (c), or (d) or sell, perform, or furnish services on a permit or nonpermit basis as the department by rule prescribes, and failure of any person who fails to comply with such rules constitutes is guilty of a Class C misdemeanor.

AB128,113 Section 113. 77.53 (8) of the statutes is amended to read:

AB128,37,21 77.53 (8) Any person violating sub. (3) or (7) is guilty of a Class C misdemeanor.

AB128,114 Section 114. 77.60 (6) of the statutes is amended to read:

AB128,37,25 77.60 (6) Any person who fails to furnish any return required to be made or who fails to furnish any data required by the department is guilty of a Class C misdemeanor.

AB128,115 Section 115. 77.60 (7) of the statutes is amended to read:

AB128,38,6 77.60 (7) Any person, including an officer of a corporation, required to make, render, sign or verify any report or return required by this subchapter who makes a false or fraudulent report or return or who fails to furnish a report or return when due with the intent, in either case, to defeat or evade the tax imposed by this subchapter, is guilty of a Class C misdemeanor.