SECTION 7137b. 779.97 (4) (b) 3. of the statutes is amended to read:
779.97 (4) (b) 3. If a certificate of discharge is presented to the secretary of state department of financial institutions for filing, the secretary filing officer shall cause the certificate to be marked, held and indexed as if the certificate were a release of collateral within the meaning of chs. 401 to 411.
SECTION 7138b. 779.97 (4) (b) 4. of the statutes is amended to read:
779.97 (4) (b) 4. If a certificate of nonattachment or subordination of any lien is presented to the secretary of state department of financial institutions for filing, the secretary filing officer shall cause the certificate to be marked, held and indexed as if the certificate were an amendment within the meaning of chs. 401 to 411.".
758.
Page 2177, line 2: after that line insert:
"SECTION 7140b. 779.97 (4) (c) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
779.97 (4) (c) 2. If a certificate of release is presented for filing with any other filing officer specified in sub. (2), the officer shall enter the certificate with the date of filing in any alphabetical federal lien index on the line where the original notice of lien is entered and may then remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files, provided that the officer shall keep the certificate of release or a microfilm or other photographic record, or in the case of the secretary of state department of financial institutions, or a register of deeds if authorized under s. 59.512, a microfilm or other photographic record or optical disk record, of the certificate of release in a file, separate from those containing currently effective notices of federal liens, for a period of 30 years after the date of filing of the certificate of release.".
759.
Page 2177, line 13: after that line insert:
"SECTION 7141g. 801.02 (7) of the statutes is created to read:
801.02 (7) No prisoner, as defined in s. 301.01 (2), may commence a civil action or special proceeding against an officer, employe or agent of the department of corrections in his or her official capacity or as an individual for acts or omissions committed while carrying out his or her duties as an officer, employe or agent or while acting within the scope of his or her office, employment or agency until the person has exhausted any administrative remedies that the department of corrections has promulgated by rule.".
760.
Page 2177, line 13: after that line insert:
"SECTION 7140x. 800.01 (2) (a) of the statutes is amended to read:
800.01 (2) (a) Service under sub. (1) (a) shall be as provided in s. 801.11 or 968.04 (3) (b) 2. or by personal service by a municipal employe.".
761.
Page 2177, line 13: after that line insert:
"SECTION 7141g. 800.095 (7m) of the statutes is created to read:
800.095 (7m) TRANSFER OF UNCLAIMED MONEY. In addition to the procedures under this section, a municipal court may order the transfer of any of the defendant's money that the municipality is holding and that is unclaimed by the defendant for more than one year to pay any forfeitures that the defendant failed to pay the municipality.".
762.
Page 2178, line 20: after that line insert:
"SECTION 7142m. 809.30 (1) (b) of the statutes is amended to read:
809.30 (1) (b) "Sentencing" means, in a felony or misdemeanor case, the imposition of a sentence, fine or probation or, in a misdemeanor case, imposition of community supervision. In a ch. 48, 51 or 55 case, other than a termination of parental rights case under s. 48.43, it means the entry of the trial court's final judgment or order.".
763.
Page 2179, line 3: delete lines 3 to 11.
764.
Page 2183, line 16: delete the material beginning with that line and ending with page 2184, line 5.
765.
Page 2184, line 6: delete lines 6 to 10 and substitute:
"SECTION 7147x. 814.04 (intro.) of the statutes is amended to read:
814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 101.22 (6) (i) and (6m) (a), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:
SECTION 7148c. 814.04 (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 101.22 106.04 (6) (i) and (6m) (a), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:".
766.
Page 2184, line 21: delete the material beginning with that line and ending with page 2185, line 2.
767.
Page 2185, line 13: delete lines 13 to 21.
768.
Page 2186, line 9: delete lines 9 to 17.
769.
Page 2187, line 3: delete lines 3 to 20.
770.
Page 2188, line 4: delete lines 4 to 14.
771.
Page 2189, line 7: delete lines 7 to 14.
772.
Page 2190, line 15: delete lines 15 to 21.
773.
Page 2191, line 4: delete lines 4 to 10.
774.
Page 2191, line 16: after that line insert:
"SECTION 7172d. 814.63 (1) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
814.63 (1) (b) Beginning with the fees imposed on September 1, 1989, and ending with the fees imposed on December 31, 1995, in all forfeiture actions in circuit court, the clerk of court shall collect a fee of $20 $25 to be paid by the defendant when judgment is entered against the defendant.
SECTION 7172f. 814.63 (5) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 7174, is amended to read:
814.63 (5) Of the fees received by the clerk under sub. (1) (b), the county treasurer shall pay $12.50 $17.50 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $5 of the $12.50 $17.50 to the appropriation under s. 20.680 (2) (j).".
775.
Page 2191, line 17: delete lines 17 to 23.
776.
Page 2191, line 18: after the comma insert "sections 7172f and 7174,".
777.
Page 2191, line 20: on lines 20 and 22, substitute "$17.50" for "$12.50".
778.
Page 2192, line 25: delete the material beginning with that line and ending with page 2193, line 3.
779.
Page 2193, line 13: delete lines 13 to 25.
780.
Page 2194, line 11: delete lines 11 to 20.
781.
Page 2212, line 2: after that line insert:
"SECTION 7212b. 891.20 of the statutes is amended to read:
891.20 Articles of incorporation, presumptions. Any charter or patent of incorporation which shall have been issued by the governor or, secretary of state or department of financial institutions, or both by any combination, to any corporation under any law of the state; any certificate of organization or association of any corporation or joint stock company; the articles of organization of a limited liability company; the articles of association or organization of any corporation, or a certified copy thereof, which shall have been filed or recorded in the office of the secretary of state or with the department of financial institutions, or recorded in the office of any register of deeds or filed or recorded in the office of any clerk of the circuit court under any law of the state; any certificate or resolution for the purpose of amendment, and every amendment in any form, of the charter, patent, certificate or articles of association or organization or of the name, corporate powers or purposes of any corporation or limited liability company, filed or recorded in either any of said the departments or offices and a certified copy of any such document so filed or recorded shall be received as conclusive evidence of the existence of the corporation, limited liability company or joint stock company mentioned therein, or of the due amendment of the charter, patent, certificate or articles of association or organization thereof in all cases where such facts are only collaterally involved; and as presumptive evidence thereof and of the facts therein stated in all other cases.".
782.
Page 2212, line 11: after that line insert:
"SECTION 7213b. 893.19 (1) of the statutes is amended to read:
893.19 (1) If a person is out of this state when the cause of action accrues against the person an action may be commenced within the terms of this chapter respectively limited after the person returns or removes to this state. But the foregoing provision shall not apply to any case where, at the time the cause of action accrues, neither the party against nor the party in favor of whom the same accrues is a resident of this state; and if, after a cause of action accrues against any person, he or she departs from and resides out of this state the time of absence is not any part of the time limited for the commencement of an action; provided, that no foreign corporation which files with the secretary of state department of financial institutions, or any other state official or body, pursuant to the requirements of any applicable statute of this state, an instrument appointing a registered agent as provided in ch. 180, a resident or any state official or body of this state, its attorney or agent, on whom, pursuant to such instrument or any applicable statute, service of process may be made in connection with such cause of action, is deemed a person out of this state within the meaning of this section for the period during which such appointment is effective, excluding from such period the time of absence from this state of any registered agent, resident agent or attorney so appointed who departs from and resides outside of this state.".
783.
Page 2212, line 23: after that line insert:
"SECTION 7215m. 895.52 (6) (d) 3. of the statutes is amended to read:
895.52 (6) (d) 3. Property within 300 feet of a building or structure on land that is classified as mercantile commercial or manufacturing under s. 70.32 (2) (b) (a) 2. or 3.".
784.
Page 2213, line 7: after that line insert:
"SECTION 7223m. 895.80 of the statutes is created to read:
895.80 Property damage or loss. (1) Any person who suffers damage or loss by reason of conduct that occurs on or after November 1, 1995, and that is prohibited under s. 943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61 has a cause of action against the person who caused the damage or loss.
(2) The burden of proof in a civil action under sub. (1) is with the person who suffers damage or loss to prove his or her case by a preponderance of the credible evidence.
(3) If the plaintiff prevails in a civil action under sub. (1), he or she may recover all of the following:
(a) Treble damages.
(b) All costs of investigation and litigation that were reasonably incurred.
(4) A person may bring a civil action under sub. (1) regardless of whether there has been a criminal action related to the loss or damage under sub. (1) and regardless of the outcome of any such criminal action.
(5) No person may bring a cause of action under both this section and s. 943.212, 943.245 or 943.51 regarding the same incident or occurrence. If the plaintiff has a cause of action under both this section and s. 943.212, 943.245 or 943.51 regarding the same incident or occurrence, the plaintiff may choose which action to bring.".
785.
Page 2213, line 25: after "ch." insert "161,".
786.
Page 2214, line 1: before that line insert:
"(ag) Any violation of s. 813.12 (8) (a).
(ah) Any misdemeanor arising out of an arrest for a domestic abuse incident under s. 968.075.".
787.
Page 2214, line 4: after that line insert:
"(2m) If a person is convicted of a misdemeanor to which sub. (1) applies, a court may not place the person on probation but may place the person on community supervision under s. 973.095.
SECTION 7225x. 940.20 (2m) (a) of the statutes is amended to read:
940.20 (2m) (a) In this subsection, "probation and parole agent" means any person authorized by the department of corrections to exercise control over a probationer or parolee or a person on community supervision.".
788.
Page 2214, line 17: delete lines 17 to 25.
789.
Page 2215, line 1: delete lines 1 to 25.
790.
Page 2216, line 1: delete lines 1 and 2.
791.
Page 2216, line 3: delete lines 3 to 25.
792.
Page 2217, line 1: delete lines 1 to 6.
793.
Page 2217, line 7: delete lines 7 to 9.
794.
Page 2217, line 10: delete lines 10 to 24.
795.
Page 2218, line 1: delete lines 1 to 5.
796.
Page 2219, line 12: delete lines 12 to 25.
797.
Page 2227, line 4: substitute "73.255" for "49.855".
798.
Page 2228, line 3: delete lines 3 to 5 and substitute: "son to be charged if the prosecutor specifies in the complaint the penalties, including imprisonment, authorized by law for the offense.".
799.
Page 2228, line 6: delete lines 6 and 7.
800.
Page 2228, line 14: after that line insert:
"Section 7245mm. 967.055 (2) (a) of the statutes is amended to read:
967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance or both, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.".
801.
Page 2228, line 20: delete the material beginning with that line and ending with page 2229, line 2.
802.
Page 2229, line 2: after that line insert:
"SECTION 7246r. 969.01 (2) (a) of the statutes is amended to read:
