134.33(5)(d)
(d) An article consisting of nine hundred fifty thousandths parts of the following metals: platinum, iridium, palladium, ruthenium, rhodium or osmium with less than five hundred thousandths parts of the entire article consisting of pure platinum, may be marked with the name iridium, palladium, ruthenium, rhodium or osmium, whichever predominates in the said article, but in no event with the mark “platinum," provided, however, that the quantity of such metal other than platinum so marked, must be marked in decimal thousandths, and provided further that the name of such metal other than platinum so used must be spelled out in full irrespective of any other provisions of this article to the contrary.
134.33(5)(e)
(e) An article composed of platinum and gold which resembles, appears or purports to be platinum, may be marked with a karat mark and the platinum mark, provided:
134.33(5)(e)1.
1. The platinum in such article shall be at least nine hundred eighty-five thousandths parts pure platinum; and
134.33(5)(e)2.
2. The fineness of the gold in such article shall be correctly described by the karat mark of said gold; and
134.33(5)(e)3.
3. The percentage of platinum in the article is no less than 5 percent in weight of the total weight of the article; and
134.33(5)(e)4.
4. The mark shall be so applied that the karat mark shall immediately precede the platinum mark, as for example, “14 K & Plat.", “18 K & Plat.", as the case may be, it being expressly provided that in case the percentage of platinum exceeds the 5 percent provided herein, the quality mark may also include a declaration of the percentage of platinum, as for example, “18 K & 1/10th Plat.", or “14 K & 1/8th Plat.", or as the case may be.
134.33(5)(f)
(f) An article composed of platinum and any other material or metal not resembling, appearing or purporting to be platinum, may be marked with the quality mark platinum provided all parts or portions of such article resembling or appearing or purporting to be platinum, or reasonably purporting to be described as platinum by said quality mark, shall be at least nine hundred eighty-five thousandths parts pure platinum.
134.33(6)
(6) Abbreviations. Whenever provided for in this article, except as specifically excepted, the word “platinum" may be applied by spelling it out in full or by the abbreviation “plat.", the word “iridium" may be applied by spelling it out in full or by the abbreviation “irid.", the word “palladium" may be applied by spelling it out in full or by the abbreviation “pall.", the word “ruthenium" may be applied by spelling it out in full or by the abbreviation “ruth.", the word “rhodium" may be applied by spelling it out in full or by the abbreviation “rhod.", and the word “osmium" may be applied by spelling it out in full or by the abbreviation “osmi.".
134.33(7)(a)(a) In any action relating to the enforcement of any provision of this section, a certificate duly issued by an assay office of the treasury department of the United States, certifying the weight of any article, or any part thereof, or of the kind, weight, quality, fineness or quantity of any ingredient thereof, shall be receivable in evidence as constituting prima facie proof of the matter or matters so certified.
134.33(7)(b)
(b) In any action relating to the enforcement of this section, proof that an article has been marked in violation of this section shall be deemed to be prima facie proof that such article was manufactured after July 1, 1937.
134.33(8)
(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 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 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.
134.33(10)
(10) Effective date. This section shall take effect July 1, 1937, and shall not apply to any article manufactured prior thereto.
134.34
134.34
Duplication of vessel hulls and parts. 134.34(1)(a)
(a) “Direct molding process" means any direct molding process in which the original manufactured vessel hull or component part of a vessel is itself used as a plug for the making of the mold, which is then used to manufacture a duplicate item.
134.34(1)(b)
(b) “Mold" means a matrix or form in which a substance or material is shaped.
134.34(1)(c)
(c) “Plug" means a device or model used to make a mold for the purpose of exact duplication.
134.34(2)
(2) No person may use the direct molding process to duplicate for the purpose of sale a manufactured vessel hull or component part of a vessel made by another person without the written permission of that other person.
134.34(3)
(3) No person may knowingly sell a vessel hull or component part of a vessel duplicated in violation of
sub. (2).
134.34(4)
(4) This section applies only to vessel hulls or component parts of vessels duplicated using a mold made after June 30, 1983.
134.34(5)
(5) A person who suffers injury or damage as the result of a violation of this section may bring an action in circuit court for an injunction prohibiting the violation. In addition, the person shall be entitled to actual damages incurred as a result of the violation, reasonable attorney fees and costs, notwithstanding
s. 814.04 (1).
134.34 History
History: 1983 a. 324.
134.345
134.345
Form retention and disposal. 134.345(1)(a)
(a) “Customer" means any person who causes a molder to make a form or to use a form to make a product.
134.345(1)(b)
(b) “Form" means an object in or around which material is placed to make a mold for pouring plastic or casting metal, and includes a mold, die or pattern.
134.345(1)(c)
(c) “Molder" means any person who makes a form or who uses a form to make a product.
134.345(2)
(2) Unless a customer and a molder otherwise agree in writing a molder may, as provided in
sub. (3), dispose of a form possessed by a customer if the customer does not take from the molder physical custody of the form within 3 years after the molder's last prior use of the form.
134.345(3)
(3) A molder who wishes to dispose of a form shall send written notice by registered mail with return receipt requested to the customer's last-known address and to any address set forth in the agreement under which the molder obtained physical custody of the form. The notice shall state that the molder intends to dispose of the form. The molder may dispose of the form without liability to the customer if, within 120 days after the molder receives the return receipt of the notice or within 120 days after the molder sends notice if no return receipt is received within that period, the customer does not take physical custody of the form or enter into an agreement with the molder for taking possession or physical custody of the form.
134.345 History
History: 1987 a. 399.
134.35
134.35
Time of filing endorsed on telegrams delivered. 134.35(1)(1) Every person, firm or corporation operating a telegraph line or lines in this state shall, without extra charge therefor, cause to be written, stamped or printed in a conspicuous place upon the addressee's copy of each telegram originating at and destined to a point within this state, the hour and minute of the day in which the copy of such telegram was filed or left with such person, firm or corporation for transmission and the hour and minute of the day when such telegram was received in the office of such person, firm or corporation at its destination.
134.35(2)
(2) Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor.
134.36
134.36
Telegraph; divulging message; preference in sending, etc. Any officer or other person connected with, or in the business or management of, any telegraph company doing business in this state who shall divulge or communicate any telegraph message or dispatch or the substance or any part thereof, except to the person entitled to receive the same, or who shall give unlawful preference in the sending, transmitting or receiving of telegraph messages or dispatches, or shall willfully fail or neglect to give preference to dispatches or messages in the order of time in which applications are received shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding $500.
134.37
134.37
Divulging message or forging receipt. Any person connected with a telegraph or messenger company, incorporated or unincorporated, operating a line of telegraph or engaged in the business of receiving and delivering messages in this state, in any capacity, who willfully divulges the contents, or the nature of the contents of a private communication entrusted to the person for transmission or delivery, or who willfully refuses or neglects to transmit or deliver the same, or who willfully forges the name of the intended receiver to a receipt for any such message or communication or article of value entrusted to the person by said company, shall be imprisoned in the county jail, not exceeding one year, or be fined not to exceed $500, in the discretion of the court.
134.37 History
History: 1993 a. 482.
134.38
134.38
Companies to post copies of s. 134.37. All telegraph or messenger companies whose employees are affected by
s. 134.37 are hereby required to post, in their offices in this state, a copy of
s. 134.37, under a penalty of $10 and costs for each and every offense.
134.38 History
History: 1979 c. 89.
134.39
134.39
Fraudulent knowledge of dispatch; injury to wires; interference. Any person who shall, by any device or means whatever, procure or attempt to procure from any officer or other person connected with or in the business or management of any telegraph company transacting business within this state, any knowledge of the contents or substance of any telegraph message or dispatch not addressed to himself or herself or to which he or she is not entitled, or who shall, without lawful authority, tamper or interfere with, use or in any manner intentionally, carelessly or negligently disturb or interrupt any telegraph wires or lines of any such telegraph company, or who shall intentionally, carelessly or negligently fell any tree or timber so as to break, destroy or injure any such telegraph wires, without first giving 24 hours' notice of his or her intention to do so to some agent of the company at its nearest office or to some agent of a railroad company at its nearest office, in case such wires are constructed along any railroad, or who shall, without the consent of such company, send or attempt to send any message or dispatch over said wire or lines, in any manner whatever, or shall intercept, interrupt or disturb any dispatch passing upon any such wires or lines, or who shall willfully or maliciously interfere with, obstruct, prevent or delay, by any means or contrivance whatsoever, the sending, transmission or receiving of any wireless telegraph message, communication or report by any wireless telegraph company doing business in this state, or who shall aid, agree with, employ or conspire with any person or persons to unlawfully interfere with, obstruct, prevent or delay the sending, transmission or receiving of any such wireless telegraph message, shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding $1,000.
134.39 History
History: 1993 a. 482.
134.405
134.405
Purchase and sale of certain scrap material. 134.405(1)(a)
(a) “Commercial account" means a commercial enterprise with which a scrap dealer maintains an ongoing and documented business relationship.
134.405(1)(b)
(b) “Commercial enterprise" means a corporation, partnership, limited liability company, business operated by an individual, association, state agency, political subdivision, or other government or business entity, including a scrap dealer.
134.405(1)(c)
(c) “Ferrous scrap" means scrap metal, other than scrap metal described in
pars. (d) to
(f), consisting primarily of iron or steel, including large manufactured articles that may contain other substances to be removed and sorted during normal operations of scrap metal dealers.
134.405(1)(d)
(d) “Metal article" means a manufactured item that consists of metal, is usable for its original intended purpose without processing, repair, or alteration, and is offered for sale for the value of the metal it contains, except that “metal article" does not include antique or collectible articles, including jewelry, coins, silverware, and watches.
134.405(1)(e)
(e) “Nonferrous scrap" means scrap metal consisting primarily of metal other than iron or steel, but does not include any of the following:
134.405(1)(e)3.
3. Items removed from a structure during renovation or demolition.
134.405(1)(e)4.
4. Small quantities of nonferrous metals contained in large manufactured items.
134.405(1)(em)
(em) “Plastic bulk merchandise container" means a plastic crate, pallet, or shell used by a product producer, distributor, or retailer for the bulk transport or storage of retail containers of bottled beverages.
134.405(1)(f)
(f) “Proprietary article" means any of the following:
134.405(1)(f)1.
1. A metal article stamped, engraved, stenciled, or otherwise marked to identify the article as the property of a governmental entity, telecommunications provider, public utility, cable operator, as defined in
s. 66.0420 (2) (d), or an entity that produces, transmits, delivers, or furnishes electricity, or transportation, shipbuilding, ship repair, mining, or manufacturing company.
134.405(1)(f)2.
2. A copper conductor, bus bar, cable, or wire, whether stranded or solid.
134.405(1)(f)3.
3. An aluminum conductor, cable, or wire, whether stranded or solid.
134.405(1)(f)6.
6. A metal grave marker, sculpture, plaque, or vase, if the item's appearance suggests the item has been obtained from a cemetery.
134.405(1)(f)7.
7. A rail, switch component, spike, angle bar, tie plate, or bolt used to construct railroad track.
134.405(1)(fm)
(fm) “Scrap dealer" means a scrap plastic dealer or scrap metal dealer.
134.405(1)(g)
(g) “Scrap metal" means a metal article; metal removed from or obtained by cutting, demolishing, or disassembling a building, structure, or manufactured item; or other metal that is no longer used for its original intended purpose and that can be processed for reuse in a mill, foundry, or other manufacturing facility.
134.405(1)(h)
(h) “Scrap metal dealer" means a person engaged in the business of buying or selling scrap metal.
134.405(1)(j)
(j) “Scrap plastic dealer" means a person engaged in the business of buying or selling plastic to be processed for reuse in a mill or other manufacturing facility.
134.405(2)
(2) Purchases of ferrous scrap. Except as provided in
sub. (3m), a scrap metal dealer may purchase scrap metal other than nonferrous scrap, a metal article, or a proprietary article from any person over the age of 18.
134.405(3)
(3) Purchases of nonferrous scrap, metal articles, proprietary articles. 134.405(3)(a)(a) Subject to
par. (b) and except as provided in
sub. (3m), a scrap dealer may purchase nonferrous scrap, metal articles, or proprietary articles from any person who is over the age of 18 if all of the following apply:
134.405(3)(a)1.
1. If the seller of nonferrous scrap, metal articles, or proprietary articles is an individual, at the time of the sale, the seller provides to the scrap dealer the seller's motor vehicle operator's license or other government-issued, current photographic identification that includes the seller's full name, current address, date of birth, and recognized identification number. If the seller is not an individual, at the time of the sale, the individual who delivers the seller's nonferrous scrap, metal articles, or proprietary articles provides to the dealer the deliverer's motor vehicle operator's license or other government-issued, current photographic identification that includes the deliverer's full name, current address, date of birth, and recognized identification number.
134.405(3)(a)2.
2. The scrap dealer records and maintains at the scrap dealer's place of business the seller's or deliverer's identification information described in
subd. 1., the time and date of the purchase, the number and state of issuance of the license plate on the seller's or deliverer's vehicle, and a description of the items received, including all of the following:
134.405(3)(a)2.b.
b. A description of the scrap or articles that is consistent with guidelines promulgated by a national recycling industry trade organization. This
subd. 2. b. does not apply to plastic bulk merchandise containers.
134.405(3)(a)4.
4. With respect to a purchase of nonferrous scrap or a metal article the scrap dealer obtains the seller's signed declaration that the seller is the owner of the items being sold.
134.405(3)(a)5.
5. With respect to a purchase of a proprietary article, one of the following applies:
134.405(3)(a)5.a.
a. The scrap dealer receives from the seller documentation, such as a bill of sale, receipt, letter of authorization, or similar evidence, that establishes that the seller lawfully possesses the proprietary article.
134.405(3)(a)5.b.
b. The scrap dealer documents that the scrap dealer has made a diligent inquiry into whether the person selling the proprietary article has a legal right to do so, and, not later than one business day after purchasing the proprietary article, submits a report to a local law enforcement department describing the proprietary article and submits a copy of the seller's or deliverer's identifying information under
subd. 1.
134.405(3)(b)
(b) This subsection does not apply to purchases of nonferrous scrap, metal articles, or proprietary articles by a scrap dealer from a commercial account, if the scrap dealer creates and maintains a record of its purchases from the commercial account that includes all of the following:
134.405(3)(b)2.
2. The business address and telephone number of the commercial account.
134.405(3)(b)3.
3. The name of a contact person at the commercial account who is responsible for the sale of nonferrous scrap, metal articles, or proprietary articles to the scrap dealer.
134.405(3)(b)4.
4. The time, date, and value of each of the scrap dealer's purchases from the commercial account.
134.405(3)(b)5.
5. A description of the predominant types of nonferrous scrap, metal articles, or proprietary articles the scrap dealer has purchased from the commercial account.
134.405(3)(c)
(c) Except as provided under
sub. (4), a scrap dealer may disclose personally identifiable information recorded or maintained under this subsection only to a successor in interest to the scrap dealer, including a successor in interest that arises as a result of a merger, sale, assignment, restructuring, or change of control.
134.405(3m)
(3m) Motor vehicles. Before a scrap metal dealer may acquire a motor vehicle for ferrous scrap, nonferrous scrap, metal articles, or proprietary articles, the dealer shall examine the certificate of title for the motor vehicle, or examine the title records of the department of transportation if the person transferring the motor vehicle is not in possession of the certificate of title, to determine whether there is any security interest in the motor vehicle. No scrap metal dealer may acquire a motor vehicle for ferrous scrap, nonferrous scrap, metal articles, or proprietary articles if the certificate of title for the motor vehicle identifies a holder of a security interest in the motor vehicle. A scrap metal dealer who demonstrates that the dealer has acted in accordance with this subsection is not liable for any damages incurred by a person who asserts a security interest in a motor vehicle and who is not named on the certificate of title of the vehicle.
134.405(4)(a)(a) A scrap dealer shall make the records required under
sub. (3) (a) 2. to
5. and
(b) available to a law enforcement officer who presents the agent's credentials at the scrap dealer's place of business during business hours.
134.405(4)(b)
(b) A scrap dealer shall maintain the records required under
sub. (3) (a) 2.,
4., and
5. and
(b) 4. and
5. for not less than 2 years after recording it. A scrap dealer shall maintain the records required under
sub. (3) (b) 1. to
3. regarding a commercial account for not less than 2 years after the dealer's most recent transaction with the commercial account.
