973.20 (13) (c) (intro.) The court, before imposing sentence or ordering probation or community supervision, shall inquire of the district attorney regarding the amount of restitution, if any, that the victim claims. The court shall give the defendant the opportunity to stipulate to the restitution claimed by the victim and to present evidence and arguments on the factors specified in par. (a). If the defendant stipulates to the restitution claimed by the victim or if any restitution dispute can be fairly heard at the sentencing proceeding, the court shall determine the amount of restitution before imposing sentence or ordering probation or community supervision. In other cases, the court may do any of the following:
SECTION 7263bh. 973.20 (13) (c) 1. of the statutes is amended to read:
973.20 (13) (c) 1. Order restitution of amounts not in dispute as part of the sentence or probation or community supervision order imposed and direct the appropriate agency to file a proposed restitution order with the court within 90 days thereafter, and mail or deliver copies of the proposed order to the victim, district attorney, defendant and defense counsel.
SECTION 7263bi. 973.20 (13) (c) 3. of the statutes is amended to read:
973.20 (13) (c) 3. With the consent of the defendant, refer the disputed restitution issues to an arbitrator acceptable to all parties, whose determination of the amount of restitution shall be filed with the court within 60 days after the date of referral and incorporated into the court's sentence or probation or community supervision order.
SECTION 7263bj. 973.20 (13) (c) 4. of the statutes is amended to read:
973.20 (13) (c) 4. Refer the disputed restitution issues to a court commissioner or other appropriate referee, who shall conduct a hearing on the matter and submit the record thereof, together with proposed findings of fact and conclusions of law, to the court within 60 days of the date of referral. Within 30 days after the referee's report is filed, the court shall determine the amount of restitution on the basis of the record submitted by the referee and incorporate it into the sentence or probation or community supervision order imposed. The judge may direct that hearings under this subdivision be recorded either by audio recorder or by a court reporter. A transcript is not required unless ordered by the judge.
SECTION 7263bk. 974.05 (1) (c) of the statutes is amended to read:
974.05 (1) (c) Judgment and sentence or order of probation or community supervision not authorized by law.
SECTION 7263bL. 974.06 (1) of the statutes is amended to read:
974.06 (1) After the time for appeal or postconviction remedy provided in s. 974.02 has expired, a prisoner in custody under sentence of a court or a person convicted and placed on community supervision under s. 973.095 or placed with a volunteers in probation program under s. 973.11 claiming the right to be released upon the ground that the sentence was imposed in violation of the U.S. constitution or the constitution or laws of this state, that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.".
815.
Page 2235, line 18: delete lines 18 to 20 and substitute:
"SECTION 7263e. 977.02 (4m) of the statutes is created to read:
977.02 (4m) Promulgate rules for payments to the state public defender under s. 977.075.
SECTION 7263f. 977.02 (4r) of the statutes is created to read:
977.02 (4r) Promulgate rules that establish procedures to provide the department of administration with any information concerning the collection of payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1).".
816.
Page 2236, line 6: after that line insert:
"SECTION 7263k. 977.03 (2m) of the statutes is created to read:
977.03 (2m) The board may promulgate rules that establish procedures to collect payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1) from a prisoner's prison financial account.".
817.
Page 2239, line 13: after "977.06" insert "(title) and (1)".
818.
Page 2239, line 13: substitute "are" for "is".
819.
Page 2239, line 14: after "977.06" insert "(title)".
820.
Page 2239, line 17: delete lines 17 and 18 and substitute:
"(a) Verify the information necessary to determine indigency under s. 977.07 (2). The information provided by a person seeking assigned counsel that is subject to verification shall include the social security numbers required on an application under sub. (1m), income records, value of assets, eligibility for public assistance, as defined in s. 16.20 (1) (fm), and claims of expenses.".
821.
Page 2239, line 25: after that line insert:
"SECTION 7269m. 977.06 (1) (a) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:
977.06 (1) (a) Verify the information necessary to determine indigency under s. 977.07 (2). The information provided by a person seeking assigned counsel that is subject to verification shall include the social security numbers required on an application under sub. (1m), income records, value of assets, eligibility for public assistance, as defined in s. 16.20 106.215 (1) (fm), and claims of expenses.
SECTION 7269p. 977.06 (1m) of the statutes is created to read:
977.06 (1m) APPLICATION FOR REPRESENTATION. A person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23, shall provide the state public defender with his or her social security number and the social security numbers of his or her spouse and dependent children, if any.".
822.
Page 2240, line 2: after that line insert:
"SECTION 7270m. 977.06 (2) (am) of the statutes is created to read:
977.06 (2) (am) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23, shall sign a statement declaring that the information that he or she has given to determine eligibility for assignment of counsel he or she believes to be true and that he or she is informed that he or she is subject to the penalty under par. (b).".
823.
Page 2240, line 4: after that line insert:
"SECTION 7271g. 977.06 (3) (b) of the statutes is created to read:
977.06 (3) (b) The state public defender may petition a court that ordered payment under s. 757.66, 973.06 (1) (e) or 977.076 (1) to modify an order or judgment to adjust the amount of payment or the scheduled amounts at any time.
SECTION 7271m. 977.06 (3) (c) of the statutes is created to read:
977.06 (3) (c) Except as provided in s. 48.275 (2) (b), an adjustment under this subsection shall be based on the person's ability to pay and on the fee schedule established by the board under s. 977.075 (3).".
824.
Page 2240, line 6: after that line insert:
"SECTION 7272m. 977.07 (1) (a) of the statutes is amended to read:
977.07 (1) (a) Determination of indigency for persons entitled to counsel shall be made as soon as possible and shall be in accordance with the rules promulgated by the board under s. 977.02 (3) and the system established under s. 977.06. No determination of indigency is required for a child who is entitled to be represented by counsel under s. 48.23.".
825.
Page 2241, line 22: delete the material beginning with that line and ending with page 2242, line 3, and substitute:
"SECTION 7274m. 977.07 (2) (b) of the statutes is renumbered 977.06 (3) (a) and amended to read:
977.06 (3) (a) Unless the court has made an adjustment under s. 973.06 (1) (e), upon determination at the conclusion of a case that a person's financial circumstances are changed, the state public defender may adjust the amount of payment for counsel under par. (a) in accordance with par. (a) and sub. (1) (a).".
826.
Page 2242, line 19: delete that line and substitute: "48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1), and the possibility that the payment of attorney".
827.
Page 2243, line 1: substitute "subsection" for "paragraph".
****NOTE: The statutory unit referred to is a subsection, not a paragraph.
828.
Page 2243, line 2: after "977.075" insert "(1)".
829.
Page 2243, line 20 substitute "board" for "state public defender".
****NOTE: The SPD board is the entity that promulgates rules for the SPD.
830.
Page 2243, line 20: delete that line and substitute:
"977.075 Payment for legal representation. (1) The board shall establish".
831.
Page 2243, line 24: substitute "(a)" for "(1)".
832.
Page 2244, line 1: substitute "(b)" for "(2)".
833.
Page 2244, line 2: after that line insert:
"(2) The board shall establish by rule a procedure for collecting a nonrefundable partial payment for services from persons who are responsible for payment for legal representation and who are not indigent in full. The rule shall require that the payment be due within 60 days after the commencement of representation. This subsection does not apply to a parent who is subject to s. 48.275 (2) (b).
(3) The board shall establish by rule a fee schedule that sets the amount that a person, other than a parent under s. 48.275 (2) (b), who is responsible for payment for legal representation shall pay for the cost of the legal representation. The schedule shall establish a fee for a given type of case, and the fee for a given type of case shall be based on the average cost, as determined by the board, for representation for that type of case.
SECTION 7281q. 977.076 of the statutes is created to read:
977.076 Collections. (1) If the state public defender notifies the court in which the underlying action was filed that a person who is required to reimburse the state public defender for legal representation has failed to make the required payment or to timely make periodic payments, the court may issue a judgment on behalf of the state for the unpaid balance and direct the clerk of circuit court to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid balance, the court shall send a notice to the person at his or her last-known address that a civil judgment has been issued for the unpaid balance. The judgment has the same force and effect as judgments issued under s. 806.10. Except as provided in s. 48.275 (2) (b), the judgment shall be based on the person's ability to pay and on the fee schedule established by the board under s. 977.075 (3).
(2) The department of administration may collect unpaid reimbursement payments to the state public defender ordered by a court under sub. (1) or s. 48.275 (1) (a), 757.66 or 973.06 (1) (e). The department may contract with a private collection agency to collect these payments. Section 16.705 does not apply to a contract under this subsection.".
834.
Page 2244, line 3: delete lines 3 to 7 and substitute:
"SECTION 7281s. 977.077 of the statutes is created to read:
977.077 Deposit of payments received. Payments for services provided by the state public defender or other counsel under this chapter that are received pursuant to s. 977.07, 977.075 or 977.076 shall be deposited in the state treasury and credited to the appropriation under s. 20.550 (1) (L).".
835.
Page 2245, line 6: delete "state public defender".
****NOTE: "Board" is a defined term for ch. 977. See s. 977.01.
836.
Page 2246, line 25: substitute ", 977.075 and 977.076" for "and 977.075".
837.
Page 2247, line 20: substitute "73.25" for "49.143".
838.
Page 2248, line 1: delete lines 1 to 8.
839.
Page 2249, line 5: after that line insert:
"SECTION 7298d. 1993 Wisconsin Act 16, section 2207aim is repealed.
SECTION 7298e. 1993 Wisconsin Act 16, section 2207ain is repealed.
SECTION 7298f. 1993 Wisconsin Act 16, section 2207aio is repealed.
SECTION 7298g. 1993 Wisconsin Act 16, section 2207aip is repealed.
SECTION 7298h. 1993 Wisconsin Act 16, section 2207air is repealed.
SECTION 7298i. 1993 Wisconsin Act 16, section 2213h is repealed.
SECTION 7298j. 1993 Wisconsin Act 16, section 2213i is repealed.
SECTION 7298k. 1993 Wisconsin Act 16, section 2213r is repealed.
SECTION 7298L. 1993 Wisconsin Act 16, section 2213s is repealed.
SECTION 7298q. 1993 Wisconsin Act 16, section 9120 (2xx) is repealed.".
840.
Page 2249, line 5: after that line insert:
"SECTION 7296b. 992.06 (2) of the statutes is amended to read:
992.06 (2) Whenever in the organization of corporations under chapter 146, laws of 1872, articles of association were made and adopted and signed by the persons forming such corporation, and there may have been a failure to make and record a verified copy thereof in the office of the register of deeds of the county in which such corporation is located, and such association, organization or corporation has in good faith carried on business and acted as a corporation for 25 years or more, such failure to make and record a verified copy of the articles of association shall not affect the validity of the corporation, but the same shall be a body corporate from and after the date of the making, adopting and signing of the articles of association, the same as though a verified copy had been duly made and recorded in the office of the register of deeds. Whenever any such corporation shall in good faith have attempted to change its corporate name, and shall in good faith have carried on and conducted its business under such changed name for a period of 25 years or more, and shall record its original articles of incorporation, or the copy thereof, with the register of deeds, of the county in which such corporation has its principal office, and in case the said original articles of incorporation, or a copy thereof, cannot be obtained, a certificate from the secretary of state department of financial institutions showing that no such articles nor a copy thereof can be found in the office of the secretary of state records of the department of financial institutions, its acts, doings and proceedings heretofore done or which shall hereafter be done in or under such changed name shall be as valid and binding and as good in law as though done in or under the name contained in its original articles of association.
SECTION 7297b. 992.06 (3) of the statutes is amended to read:
992.06 (3) All transfers of real estate heretofore made to corporations, organized under the laws of this state, executed, delivered, filed and recorded between the date of the filing of the articles of organization in the office of the secretary of state with the department of financial institutions and the date of the filing of a certified copy of said articles in the office of the register of deeds in the county wherein said corporation has its principal place of business, are hereby legalized, ratified, confirmed and validated.".
841.
Page 2250, line 14: after that line insert:
"SECTION 7300g. 1993 Wisconsin Act 16, section 9320 (1y) is repealed.
SECTION 7300k. 1993 Wisconsin Act 16, section 9420 (1z) is repealed.".
842.
Page 2262, line 18: after that line insert:
"(23b) COMPETITIVE ENTERPRISE REVIEW BOARD; INITIAL TERMS. Notwithstanding section 15.105 (27) (d) of the statues, as created by this act, the members of the competitive enterprise review board who are initially appointed to serve under section 15.105 (27) (d) of the statutes, as created by this act, shall serve for terms expiring on May 1, 1997.".
843.
Page 2265, line 6: after that line insert:
"(4g) FUNDING REPORT; SUSTAINABLE AGRICULTURE GRANT PROGRAM. By June 1, 1996, the department of agriculture, trade and consumer protection shall submit a funding report to the senate and assembly standing committees with jurisdiction over agricultural matters, as determined by the speaker of the assembly and the president of the senate, specifying how the department will identify and secure revenue sources for the purpose of funding the sustainable agriculture grant program under section 93.47 of the statutes, as affected by this act. The committees, following their review, shall approve or disapprove the funding report. If the funding report is not approved by both committees by June 20, 1996, all of the following shall occur:
(a) The chairpersons of the committees shall send a notice of disapproval to the revisor of statutes for publication in the Wisconsin administrative register.
(b) The sustainable agriculture grant program shall be eliminated, effective July 1, 1996.".
