AB128: Bill Text

AB128,194 Section 194. 101.16 (5) (cm) of the statutes is amended to read:

AB128,56,17 101.16 (5) (cm) Except as provided in par. (cn), any retail supplier who intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days nor more than 6 months or shall be fined not less than $500 nor more than $1,000 for the first offense and not less than $2,000 nor more than $5,000 for each subsequent offense is guilty of a Class B misdemeanor.

AB128,195 Section 195. 101.16 (5) (cn) of the statutes is amended to read:

AB128,56,24 101.16 (5) (cn) Any retail supplier who only fills department of transportation cylinders or containers for engine and recreational vehicles and who intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days nor more than 6 months or shall be fined not less than $200 nor more than $400 for the first offense and not less than $800 nor more than $2,000 for each subsequent offense is guilty of a Class B misdemeanor.

AB128,196 Section 196. 101.9209 (5) (b) of the statutes is amended to read:

AB128,57,5 101.9209 (5) (b) Any transferee of a manufactured home who, with intent to defraud, fails to make application for a new certificate of title immediately upon transfer to him or her of a manufactured home as required under sub. (2) may be fined not more than $1,000 or imprisoned for not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,197 Section 197. 101.937 (5) (b) of the statutes is amended to read:

AB128,57,11 101.937 (5) (b) Any person who intentionally violates any rule promulgated under sub. (1) or order issued under sub. (3) (a) shall be fined not less than $25 nor more than $5,000 or imprisoned not more than one year in the county jail or both is guilty of a Class A misdemeanor. Each violation and each day of violation constitutes a separate offense.

AB128,198 Section 198. 101.94 (8) (b) of the statutes is amended to read:

AB128,57,16 101.94 (8) (b) Any individual or a director, officer or agent of a corporation who knowingly and willfully violates this subchapter in a manner which threatens the health or safety of a purchaser 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.

AB128,199 Section 199. 101.951 (8) of the statutes is amended to read:

AB128,57,19 101.951 (8) Any person who violates any provision of this section shall be fined forfeit not less than $25 nor more than $100 for each offense.

AB128,200 Section 200. 101.965 (1) of the statutes is amended to read:

AB128,57,23 101.965 (1) Any person who violates ss. 101.953 to 101.955, or any rule promulgated under ss. 101.953 to 101.955, 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.

AB128,201 Section 201. 101.988 (3) of the statutes is amended to read:

AB128,58,6 101.988 (3) Penalties. Any person who violates this subchapter or rules promulgated under this subchapter may be fined not more than $1,500 or imprisoned for not more than 30 days or both is guilty of a Class C misdemeanor, except that, notwithstanding s. 939.61 (1), the owner of a private residence in which a conveyance is located may not be fined or required to pay a forfeiture to this state as a result of any violation involving that conveyance.

AB128,202 Section 202. 102.07 (8) (d) of the statutes is amended to read:

AB128,58,12 102.07 (8) (d) 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 chapter 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.

AB128,203 Section 203. 102.17 (3) of the statutes is amended to read:

AB128,58,18 102.17 (3) Any person who shall willfully and unlawfully fail or neglect to appear or to testify or to produce books, papers and records as required , shall be fined not less than $25 nor more than $100, or imprisoned in the county jail not longer than 30 days is guilty of a Class C misdemeanor. Each day such person shall so refuse or neglect shall constitute a separate offense.

AB128,204 Section 204. 102.835 (18) of the statutes is amended to read:

AB128,59,2 102.835 (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.

AB128,205 Section 205. 102.88 (1) of the statutes is amended to read:

AB128,59,9 102.88 (1) When a person is convicted of any violation of this chapter or of any department rule or order, and it is alleged in the indictment, information or complaint, and proved or admitted on trial or ascertained by the court after conviction that the person was previously subjected to a fine or forfeiture within a period of 5 years under s. 102.85, the person may be fined not more than $2,000 or imprisoned for not more than 90 days or both is guilty of a Class B misdemeanor.

AB128,206 Section 206. 102.88 (2) of the statutes is amended to read:

AB128,59,16 102.88 (2) When any person is convicted and it is alleged in the indictment, information or complaint and proved or admitted on trial or ascertained by the court after conviction that such person had been before subjected to a fine or forfeiture 3 times within a period of 3 years under s. 102.85 and that those convictions remain of record and unreversed, 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.

AB128,207 Section 207. 103.13 (8) of the statutes is amended to read:

AB128,59,20 103.13 (8) Penalty. Any employer who violates this section may be fined required to forfeit not less than $10 nor more than $100 for each violation. Each day of refusal or failure to comply with a duty under this section is a separate violation.

AB128,208 Section 208. 103.16 of the statutes is amended to read:

AB128,60,2 103.16 Seats for employees; penalty. Every employer employing employees in any manufacturing, mechanical or mercantile establishment in this state shall provide suitable seats for its employees, and shall permit the use of those seats by its employees when the employees are not necessarily engaged in the active duties for which they are employed. Any employer who violates this section may be fined required to forfeit not less than $10 nor more than $30 for each offense.

AB128,209 Section 209. 103.20 of the statutes is renumbered 103.20 (1) and amended to read:

AB128,60,7 103.20 (1) Any person who shall violate ss. violates s. 103.15 (2) or (3), 103.17, 103.18 and or 103.19 shall, upon conviction, be fined in a sum not exceeding forfeit not more than $100.

AB128,210 Section 210. 103.20 (2) of the statutes is created to read:

AB128,60,9 103.20 (2) Any person who violates s. 103.18 shall be fined not more than $100.

AB128,211 Section 211. 103.29 (1) of the statutes is amended to read:

AB128,60,19 103.29 (1) Any employer who employs or permits the employment of any minor in street trades in violation of ss. 103.21 to 103.31 or of any order issued thereunder or who hinders or delays the department or any school attendance or police officer in the performance of their duties under ss. 103.21 to 103.31 may be required to forfeit not less than $25 nor more than $1,000 for each day of the first offense and, for the 2nd or subsequent violation of ss. 103.21 to 103.31 within 5 years, as measured from the dates the violations initially occurred, may be fined not less than $250 nor more than $5,000 for each day of the 2nd or subsequent offense or imprisoned not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,212 Section 212. 103.34 (12) (a) of the statutes is amended to read:

AB128,61,6 103.34 (12) (a) Any person that engages in traveling sales crew activities in violation of this section, any rule promulgated under sub. (13), or any order issued under this section, that employs or permits the employment of any individual as a traveling sales crew worker in violation of this section, any rule promulgated under sub. (13), or any order issued under this section, or that hinders or delays the department or any law enforcement officer in the performance of their duties under this section, may be required to forfeit not less than $25 nor more than $1,000 for each day of a first offense and, for each day of a 2nd or subsequent offense within 5 years, as measured from the dates the violations initially occurred, may be fined not less than $250 nor more than $5,000 for each day of the 2nd or subsequent offense or imprisoned not more than 30 days or both is guilty of a Class C misdemeanor.

AB128,213 Section 213. 103.37 (4) of the statutes is amended to read:

AB128,61,10 103.37 (4) Any employer who violates this section may be fined required to forfeit not more than $100 for each violation. The department shall enforce this section.

AB128,214 Section 214. 103.43 (2) of the statutes is amended to read:

AB128,61,16 103.43 (2) Any person who, by himself or herself, or by a servant or agent, or as the servant or agent of any other person, or as an officer, director, servant or agent of any firm, corporation, association or organization of any kind, violates sub. (1) (a) shall be fined not more than $2,000 or imprisoned in the county jail for not more than one year or both is guilty of a Class A misdemeanor.

AB128,215 Section 215. 103.45 of the statutes is amended to read:

AB128,61,23 103.45 Time checks; penalty. All persons paying wages in time checks or paper, other than legal money, shall make those time checks or that paper payable in some designated place of business in the county in which the work was performed or at the office of the person paying the wages if within this state, or at any bank within this state. Any person failing to comply with this section shall be fined forfeit not less than $10 nor more than $100.

AB128,216 Section 216. 103.49 (6m) (am) of the statutes is amended to read:

AB128,62,5 103.49 (6m) (am) Except as provided in pars. (b), (d) and (f), 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 a violation continues is a separate offense.

AB128,217 Section 217. 103.50 (7) (a) of the statutes is amended to read:

AB128,62,11 103.50 (7) (a) Except as provided in pars. (b), (d) and (f), 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 a violation continues is a separate offense.

AB128,218 Section 218. 103.545 (5) of the statutes is amended to read:

AB128,62,15 103.545 (5) Whoever violates this section or any order of the department issued under this section may be fined not more than $2,000 or imprisoned in the county jail for not more than one year or both is guilty of a Class A misdemeanor.

AB128,219 Section 219. 103.75 (2) of the statutes is amended to read:

AB128,62,21 103.75 (2) Any person who knowingly offers or assists in offering false evidence of age for the purpose of obtaining an age certificate or who alters, forges, fraudulently obtains, uses, or refuses to surrender upon demand of the department a certificate of age may be fined not more than $100 or imprisoned not to exceed 3 months is guilty of a Class B misdemeanor.

AB128,220 Section 220. 103.86 (1) of the statutes is amended to read:

AB128,63,3 103.86 (1) Any employer who promises in writing to make payments to an employee welfare fund, either by contract with an individual employee, by a collective bargaining agreement or by agreement with such employee welfare fund, and who fails to make such payments within 6 weeks after they become due and payable, and after having been notified in writing of the failure to make the required payments, shall be fined forfeit not more than $200.

AB128,221 Section 221. 103.87 of the statutes is amended to read:

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: