AB128: Bill Text

AB128,287 Section 287. 134.30 of the statutes is amended to read:

AB128,82,15 134.30 Misbranding of gold plated articles. Any person, firm, corporation or association, who or which makes for sale, or sells or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, any article of merchandise made in whole or in part of inferior metal having deposited or plated thereon or brazed or otherwise affixed thereto a plate, plating, covering or sheet of gold or of any alloy of gold, and which article is known in the market as "rolled gold plate," "gold plate," "gold filled" or "gold electroplate," or by any similar designation, and having stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed, any word or mark usually employed to indicate the fineness of gold, unless said word be accompanied by other words plainly indicating that such article or some part thereof is made of rolled gold plate, or gold plate, or gold electroplate, or is gold filled, as the case may be, is guilty of a Class B misdemeanor.

AB128,288 Section 288. 134.31 of the statutes is amended to read:

AB128,82,23 134.31 Misbranding of silver-plated articles. Any person who sells any article of merchandise made in whole or in part of inferior metal, having deposited or plated on the inferior metal or brazed or otherwise affixed to the inferior metal, a plate, plating, covering or sheet of silver or of any alloy of silver known in the market as "silver plate" or "silver electroplate", or any similar designation, which is marked with the word "sterling" or the word "coin", either alone or in conjunction with any other words or marks, is guilty of a Class B misdemeanor.

AB128,289 Section 289. 134.32 of the statutes is amended to read:

AB128,83,7 134.32 Penalty for violations of ss. 134.25 to 134.31. Every person who violates any of the provisions of ss. 134.25 to 134.31, and every officer, manager, director, or managing agent of any such person directly participating in or consenting to a violation of a person who violates ss. 134.25 to 134.31, shall be fined not less than $25 nor more than $500 or imprisoned for not more than 3 months or both is guilty of a Class B misdemeanor if he or she directly participates in or consents to the person's violation.

AB128,290 Section 290. 134.33 (8) of the statutes is amended to read:

AB128,83,25 134.33 (8) Penalties. Any person, firm, partnership, corporation or association or any officer, director, employee or agent thereof who makes, or sells, or offers to sell, or disposes of, or has in his or her or its possession, with intent to sell or dispose of, any article as herein defined to which is applied any quality mark which does not conform to all the provisions of this section, or from which is omitted any mark required by this section, shall be guilty of a Class B misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 6 months, or by both such fine and imprisonment in the discretion of the court, provided, however, that it shall be . It is a defense to any prosecution under this section for the defendant to prove that the said article was manufactured and marked with the intention of and for purposes of exportation from the United States, and that the said article was either actually exported from the United States to a foreign country within 6 months after date of manufacture thereof with the bona fide intention of being sold in the said country and of not being reimported, or that it was delivered within 6 months after date of manufacture thereof, to a person, firm or corporation whose exclusive customary business is the exportation of such articles from the United States.

AB128,291 Section 291. 134.35 of the statutes is repealed.

AB128,292 Section 292. 134.36 of the statutes is repealed.

AB128,293 Section 293. 134.37 of the statutes is repealed.

AB128,294 Section 294. 134.38 of the statutes is repealed.

AB128,295 Section 295. 134.39 of the statutes is repealed.

AB128,296 Section 296. 134.405 (5) (a) 1. of the statutes is amended to read:

AB128,84,10 134.405 (5) (a) 1. A scrap dealer who knowingly violates this section and who has not knowingly committed a previous violation of this section is subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both guilty of a Class B misdemeanor.

AB128,297 Section 297. 134.405 (5) (a) 2. of the statutes is amended to read:

AB128,84,15 134.405 (5) (a) 2. A scrap dealer who knowingly violates this section and who has knowingly committed one previous violation of this section is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both guilty of a Class A misdemeanor.

AB128,298 Section 298. 134.41 (1) of the statutes is amended to read:

AB128,85,3 134.41 (1) No person nor any officer, agent, servant or employee of any firm or corporation shall erect any pole or poles outside of the limits of any highway, street or alley or attach any wire or cables to any tree, building or structure, or string or suspend any wire, wires or cables over any private property without first obtaining the consent of the owner or agent of the owner, to erect such pole or poles or to string such wire or wires, or the consent of the owner or agent of the owner of any building or structure to which such wire, wires or cables are attached; and any person who shall fail to remove such pole, poles, wire or wires or to detach such wire, wires or cables within 10 days after such person, firm or corporation has been served with a notice to remove, as hereinafter provided, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding forfeit not more than $25.

AB128,299 Section 299. 134.45 (3) (a) of the statutes is amended to read:

AB128,85,8 134.45 (3) (a) Any person who violates any provision of this section shall, upon conviction thereof, be fined forfeit not less than $25 nor more than $300 for the first offense, and shall be fined forfeit not less than $300 nor more than $500 for each separate subsequent offense.

AB128,300 Section 300. 134.50 (3) of the statutes is amended to read:

AB128,85,16 134.50 (3) Any poultry dealer or his or her servant or agent violating any of the provisions of this section shall, upon the first conviction, be punished by a fine of from $10 to $100 violation, forfeit not less than $10 nor more than $100. Upon a 2nd or subsequent conviction violation, a poultry dealer or his or her servant or agent shall be punished by a fine of from $25 to $500 or be imprisoned in the county jail for not more than 90 days, or by both such fine and imprisonment forfeit not less than $25 nor more than $500.

AB128,301 Section 301. 134.50 (4) of the statutes is amended to read:

AB128,85,21 134.50 (4) Any person selling poultry to a poultry dealer who gives falsely his name or address to such dealer, his agent or servant, shall be imprisoned in the county jail for not less than 30 days nor more than one year is guilty of a Class A misdemeanor.

AB128,302 Section 302. 134.52 (4) of the statutes is amended to read:

AB128,86,2 134.52 (4) Any person who shall violate the provisions of this section shall be deemed is guilty of a Class C misdemeanor and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $50, or by imprisonment in the county jail not less than 10 days nor more than 30 days.

AB128,303 Section 303. 134.53 (4) of the statutes is amended to read:

AB128,86,8 134.53 (4) Any person who transports cattle without shipping documents containing information required under sub. (1), or executes, furnishes or issues any false document pertaining to the ownership or shipment of cattle, or who violates this section in any other manner shall be fined not more than $500, or be imprisoned not more than 3 months, or both is guilty of a Class B misdemeanor.

AB128,304 Section 304. 134.57 of the statutes is amended to read:

AB128,86,21 134.57 Detectives, settlement with employees. Any employer and any person employed to detect dishonesty on the part of employees, or fiduciary agents, on a commission basis or under a contract for a percentage of the amount recovered through or by reason of the detective work done by such person, shall submit the facts of the case and the settlement made with such employee or fiduciary agent to the circuit judge of the county wherein the dishonest act was committed, for approval or further proceedings, and the employee shall be notified of such hearing and shall have a right to be heard. Any such person or employer who shall not so submit the facts and settlement as made to such circuit judge for approval or further proceedings, shall be deemed is guilty of a Class A misdemeanor, and upon conviction shall be fined not less than $100 nor more than $500, or imprisoned in the county jail not less than 3 months nor more than one year.

AB128,305 Section 305. 134.60 of the statutes is amended to read:

AB128,88,4 134.60 Cutting or transportation of evergreens. No person may cut for sale in its natural condition and untrimmed, with or without roots, any evergreen or coniferous tree, branch, bough, bush, sapling or shrub, from the lands of another without the written consent of the owner, whether such land is publicly or privately owned. The written consent shall contain the legal description of the land where the tree, branch, bough, bush, sapling or shrub was cut, as well as the name of the legal owner. The written consent or a certified copy of the consent shall be carried by every person in charge of the cutting or removing of the trees, branches, boughs, bushes, saplings or shrubs, and shall be exhibited to any officer of the law, forest ranger, forest patrol officer, conservation warden, or other officer of the department of natural resources at the officer's request at any time. The officer may inspect the trees, branches, boughs, bushes, saplings or shrubs when being transported in any vehicle or other means of conveyance and may investigate to determine whether or not this section has been complied with. The officer may stop any vehicle or means of conveyance found carrying any trees, branches, boughs, bushes, saplings or shrubs upon any public highway of this state for the purpose of making such inspection and investigation, and may seize and hold, subject to the order of the court, any such trees, bushes, saplings or shrubs found being cut, removed or transported in violation of this section. No person may ship or transport any such trees, bushes, saplings or shrubs outside the county where they were cut unless the person attaches to the outside of each package, box, bale, truckload or carload shipped a tag or label on which appears the person's name and address. No common carrier or truck hauler may receive for shipment or transportation any such trees, bushes, saplings or shrubs unless the tag or label is attached. Any person who violates this section shall be fined forfeit not less than $10 nor more than $100. Any person who signs any such written consent or certified copy under this section who is not authorized to do so, and any person who lends or transfers or offers to lend or transfer any such written consent or certified copy to another person who is not entitled to use it, and any person not entitled to use any such written consent or certified copy, or who borrows, receives or solicits from another any such written consent or certified copy thereof shall be fined forfeit not less than $100 nor more than $500.

AB128,306 Section 306. 134.65 (5) of the statutes is amended to read:

AB128,88,17 134.65 (5) Any person violating this section shall be fined forfeit not more than $100 nor less than $25 for the first offense and not more than $200 nor less than $25 for the 2nd or subsequent offense. If upon such 2nd or subsequent violation, the person so violating this section was personally guilty of a failure to exercise due care to prevent violation thereof, the person shall be fined not more than $300 nor less than $25 or imprisoned not exceeding 60 days or both. Conviction is guilty of a Class C misdemeanor. A violation shall immediately terminate result in termination of the license of the person convicted of being who is personally guilty of such failure to exercise due care and the person shall not be entitled to another license hereunder for a period of 5 years thereafter, nor shall the person in that period act as the servant or agent of a person licensed hereunder for the performance of the acts authorized by such license.

AB128,307 Section 307. 134.69 of the statutes is amended to read:

AB128,89,4 134.69 Peddling finger alphabet cards prohibited. No person in this state may engage in the business of peddling finger alphabet cards or printed matter stating that the person is deaf, or use finger alphabet cards or such printed matter or masquerade as a deaf person in any way as a means of inducement in the sale of merchandise. No state or local license may be issued to any person for the purpose of peddling finger alphabet cards or printed matter stating that the person is deaf or masquerading as a deaf person. Any person who peddles or uses finger alphabet cards or such printed matter, or masquerades as a deaf person in any way as a means of inducement in the sale of merchandise in this state and any person who issues any state or local license for that purpose may be imprisoned not more than 90 days or fined not less than $25 nor more than $100 or both is guilty of a Class B misdemeanor.

AB128,308 Section 308. 134.715 (3) of the statutes is amended to read:

AB128,89,8 134.715 (3) Penalty. A person who violates this section may be fined not more than $500 or imprisoned for not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,309 Section 309. 134.97 (4) (b) of the statutes is amended to read:

AB128,89,16 134.97 (4) (b) Any person who possesses a record that was disposed of by a financial institution, medical business or tax preparation business and who intends to use, for any purpose, personal information contained in the record may be fined not more than $1,000 or imprisoned for not more than 90 days or both is guilty of a Class B misdemeanor. This paragraph does not apply to a person who possesses a record with the authorization or consent of the individual whose personal information is contained in the record.

AB128,310 Section 310. 137.01 (1) (k) of the statutes is amended to read:

AB128,89,21 137.01 (1) (k) A person who violates par. (i) 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. A person who commits a 2nd or subsequent violation of par. (i) may be fined not more than $10,000 or imprisoned for not more than 6 years or both.

AB128,311 Section 311. 138.06 (2) of the statutes is amended to read:

AB128,89,25 138.06 (2) Any lender or agent of a lender who violates s. 138.05, 138.051 or 138.052 may be fined not less than $25 nor more than $500, or imprisoned not more than 6 months, or both is guilty of a Class B misdemeanor.

AB128,312 Section 312. 138.09 (10) of the statutes is amended to read:

AB128,90,5 138.09 (10) Any person, partnership or corporation and the several officers and employees thereof who shall violate any of the provisions of this section shall be is guilty of a Class B misdemeanor, and upon conviction thereof shall be fined not more than $500 or imprisoned for not more than 6 months or both.

AB128,313 Section 313. 138.10 (14) of the statutes is amended to read:

AB128,90,9 138.10 (14) Penalty. Any pawnbroker who refuses to comply with sub. (13) shall be imprisoned in the county jail for not more than one year or fined not more than $500 is guilty of a Class A misdemeanor.

AB128,314 Section 314. 138.12 (3) (a) of the statutes is amended to read:

AB128,90,15 138.12 (3) (a) No person except those listed in sub. (2) (a) shall engage in the business of financing insurance premiums in this state without first having obtained a license. Any person who engages in the business of financing insurance premiums in this state without obtaining a license may be fined required to forfeit not more than $200.

AB128,315 Section 315. 138.14 (15) (a) of the statutes is amended to read:

AB128,90,19 138.14 (15) (a) Any person, partnership, or corporation, or the officers or employees thereof, who violates this section is guilty of a Class B misdemeanor and shall be fined not more than $500 or imprisoned for not more than 6 months or both.

AB128,316 Section 316. 138.20 (2) of the statutes is amended to read:

AB128,90,23 138.20 (2) Penalty. Any person violating this section may be fined required to forfeit not more than $1,000. Each individual who is discriminated against under this section constitutes a separate violation.

AB128,317 Section 317. 139.03 (5) (c) of the statutes is amended to read:

AB128,91,6 139.03 (5) (c) Any person who violates any provision of pars. (a) and (b) by having in his or her possession more than the amount specified may be fined not less than $25 nor more than $500 or imprisoned for not more than 90 days or both is guilty of a class B misdemeanor. If any such person is convicted of a 2nd or subsequent offense, the person may be fined not less than $100 nor more than $500 or imprisoned for not more than 6 months or both is guilty of a Class A misdemeanor.

AB128,318 Section 318. 139.05 (7) (d) of the statutes is amended to read:

AB128,91,12 139.05 (7) (d) Any such brewer and any other person who ships or causes or permits to be shipped into this state any such fermented malt beverage, and any person who knowingly receives within this state from outside this state any such fermented malt beverage, at a time when the brewer thereof is not the holder of a valid and subsisting license as herein provided, is guilty of a Class B misdemeanor.

AB128,319 Section 319. 139.05 (7) (f) of the statutes is amended to read:

AB128,92,2 139.05 (7) (f) If any law or regulation of any state specifies uniform or substantially uniform requirements with respect to any ingredient of fermented malt beverages produced in such state and fermented malt beverages produced outside thereof but sold within such state and if such state or its officials or agencies enforce or give effect to such provisions as against any malt beverage produced outside of such state without concurrently and to the same extent enforcing and giving effect to such provisions as against all malt beverages produced and sold within such state, and if the foregoing is found and determined by the secretary after a public hearing, it shall thereafter be a Class B misdemeanor for any person with knowledge of such finding and determination to ship into or receive or sell within this state any malt beverage produced in such state unless and until the secretary finds and determines, after a public hearing, that such discriminatory treatment has been discontinued.

AB128,320 Section 320. 139.25 (6) of the statutes is amended to read:

AB128,92,7 139.25 (6) Furnish data or return. Any person who fails to furnish any return required to be made or who fails to furnish any data required by the department may be fined not more than $500 or imprisoned for not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,321 Section 321. 139.25 (7) of the statutes is amended to read:

AB128,92,14 139.25 (7) Report or return verification. Any person, including an officer of a corporation, who is required to make, render, sign or verify any report or return required by this subchapter and 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 may be fined not more than $500 or imprisoned for not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,322 Section 322. 139.25 (8) of the statutes is amended to read:

AB128,92,21 139.25 (8) Assisting false or fraudulent return. No person may aid, abet or assist another in making any false or fraudulent return or false statement in any return required by this subchapter, with intent to defraud the state or evade payment of the tax, or any part thereof, imposed by this subchapter. Anyone who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,323 Section 323. 139.25 (10) of the statutes is amended to read:

AB128,93,5 139.25 (10) Miscellaneous. Any person who violates any provision of ss. 139.01 to 139.22 for which specific penalty is not provided shall be fined not more than $500 nor less than $50, or imprisoned not more than 90 days nor less than 10 days or both is guilty of a Class B misdemeanor, and any license or permit issued to that person shall be subject to revocation. The license or permit of any licensee or permittee convicted of evading payment of the tax on intoxicating liquor, or any attempt to evade payment of such tax, shall be deemed forfeited immediately upon conviction.

AB128,324 Section 324. 139.44 (2) of the statutes is amended to read:

AB128,93,10 139.44 (2) Any person who makes or signs any false or fraudulent report or who attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the evasion or attempted evasion of that tax 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.

AB128,325 Section 325. 139.44 (3) of the statutes is amended to read:

AB128,93,14 139.44 (3) Any permittee who fails to keep the records required by ss. 139.30 to 139.42 or 139.77 to 139.82 shall be fined not less than $100 nor more than $500 or imprisoned not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,326 Section 326. 139.44 (4) of the statutes is amended to read:

AB128,93,19 139.44 (4) Any person who refuses to permit the examination or inspection authorized in s. 139.39 (2) or 139.83 may be fined not more than $500 or imprisoned not more than 90 days or both is guilty of a Class B misdemeanor. Such refusal shall be cause for immediate suspension or revocation of permit by the secretary.

AB128,327 Section 327. 139.44 (5) of the statutes is amended to read:

AB128,93,24 139.44 (5) Any person who violates any of the provisions of ss. 139.30 to 139.41 or 139.75 to 139.83 for which no other penalty is prescribed shall be fined not less than $100 nor more than $1,000 or imprisoned not less than 10 days nor more than 90 days or both is guilty of a Class B misdemeanor.

AB128,328 Section 328. 139.44 (6) of the statutes is amended to read:

AB128,94,3 139.44 (6) Any person who violates any of the rules of the department shall be fined not less than $100 nor more than $500 or be imprisoned not more than 6 months or both is guilty of a Class B misdemeanor.

AB128,329 Section 329. 139.44 (8) (a) of the statutes is amended to read:

AB128,94,7 139.44 (8) (a) If the number of cigarettes does not exceed 6,000, a fine of not more than $200 or imprisonment for not more than 6 months or both the person is guilty of a Class B misdemeanor.

AB128,330 Section 330. 139.44 (8) (b) of the statutes is amended to read:

AB128,94,11 139.44 (8) (b) If the number of cigarettes exceeds 6,000 but does not exceed 36,000, a fine of not more than $1,000 or imprisonment for not more than one year in the county jail or both the person is guilty of a Class A misdemeanor.

AB128,331 Section 331. 139.85 (1) of the statutes is amended to read:

AB128,94,16 139.85 (1) The interest and penalties under s. 139.44 (2) to (7) and (9) to (12) apply to this subchapter. In addition, a person who violates s. 139.82 (8) 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.

AB128,332 Section 332. 139.95 (4) of the statutes is repealed.

AB128,333 Section 333. 145.12 (1) of the statutes is amended to read:

AB128,95,2 145.12 (1) Any person who engages in or follows the business or occupation of, or advertises or holds himself or herself out as or acts temporarily or otherwise as a master plumber, as an automatic fire sprinkler contractor or as a business establishment holding an automatic fire sprinkler-maintenance only registration certificate without first having secured the required license or certificate, or who otherwise violates any provisions of this chapter, shall be fined not less than $100 nor more than $500 or imprisoned for 30 days or both is guilty of a Class C misdemeanor. Each day such violation continues shall be a separate offense.

AB128,334 Section 334. 145.12 (2) of the statutes is amended to read: