AB150: Bill Text Engrossed

AB150-engrossed,2139,2 303.01 (4) Wage standards. All inmates and residents shall be paid a wage which that is based on the productivity of the work the inmates and residents perform. Wages may be established at an hourly rate plus an incentive wage based on productivity and piecework formulas may be created. However, wages shall not be set at a rate such as to cause a deficit on operations. Changes in inmate and resident wage rate schedules may not be made without approval of the prison industries board.

AB150-engrossed, s. 6389 Section 6389. 303.01 (6) of the statutes is amended to read:

AB150-engrossed,2139,12 303.01 (6) Goal. To the extent possible, prison industries shall be operated in a manner that is similar to private business and industry. The primary goal of prison industries shall be to operate in a profitable manner. Within this goal, inmates or residents employed in prison industries shall be provided with training and work experience that allows them to develop skills necessary to retain employment in outside business and industry. Consistent with available resources, inmates or residents employed in prison industries may be required to take education courses related to their work to enhance their capacity for employment upon release from prison or an institution specified under sub. (1) (b).

AB150-engrossed, s. 6390 Section 6390. 303.01 (8) of the statutes is amended to read:

AB150-engrossed,2139,24 303.01 (8) Disposition of earnings. The department has the authority to determine how much, if any, of the earnings of an inmate or resident may be spent and for what purposes they may be spent within the confines of the prison or institution. The department shall distribute earnings for the crime victim and witness assistance surcharge under s. 973.045 (4), for the deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may distribute earnings for the support of the inmate's or resident's dependents and for other obligations either acknowledged by the inmate or resident in writing or which have been reduced to judgment that may be satisfied according to law. The department shall credit all moneys that it collects from earnings of inmates and residents under sub. (2) (em) to the appropriation account under s. 20.410 (1) (gi).

AB150-engrossed, s. 6391 Section 6391. 303.015 (1) (c) of the statutes is amended to read:

AB150-engrossed,2140,6 303.015 (1) (c) Prior to submission to the legislative council staff for review under s. 227.15, departmental rules relating to hiring, termination, evaluation and compensation of, or other conditions of employment for, inmates or residents in prison industries shall be submitted to the board for approval. Board authority over rules shall not extend to determination of which inmates or residents are eligible for employment in prison industries or to security matters.

AB150-engrossed, s. 6393 Section 6393. 303.06 (1) of the statutes is amended to read:

AB150-engrossed,2140,11 303.06 (1) Except as authorized in sub. (2) this section, no goods, except farm machinery, farm implements and tools, cordage rope and ply goods, manufactured wholly or partly by inmates in any state, city or county penal institution may be offered for sale in the open market.

AB150-engrossed, s. 6394 Section 6394. 303.06 (2) of the statutes is amended to read:

AB150-engrossed,2140,20 303.06 (2) The department may enter into or renew a contract with a manufacturer or distributor to have prison industries provide products, components or services if at the time that the contract is originally entered into the products, components or services have been supplied to the manufacturer or distributor for the previous 12 months by a facility outside the United States. The department shall collect not less than 5% nor more than 20% of the gross wages of inmates or residents earned under such a contract to be credited to the appropriation under s. 20.455 (5) (i).

AB150-engrossed, s. 6395 Section 6395. 303.06 (3) of the statutes is created to read:

AB150-engrossed,2140,24 303.06 (3) A private business may sell products, components or services under s. 303.01 (2) (em) in the open market. Similar products, components or services from a prison industry program from another state may be sold in the open market.

AB150-engrossed, s. 6398m Section 6398m. 303.065 (5) (dm) of the statutes is created to read:

AB150-engrossed,2141,2 303.065 (5) (dm) Payment for legal representation under s. 977.07 (2), 977.075 or 977.076;

AB150-engrossed, s. 6398p Section 6398p. 303.065 (6) of the statutes is created to read:

AB150-engrossed,2141,5 303.065 (6) The department shall credit all moneys that it collects under sub. (5) (a) and (d) to the appropriation account under s. 20.410 (1) (gi).

AB150-engrossed, s. 6398r Section 6398r. 303.065 (7) of the statutes is created to read:

AB150-engrossed,2141,9 303.065 (7) The department may receive payments for its costs under this section or the department or the attorney general may collect under s. 301.325, but the state may not collect for the same expense twice.

AB150-engrossed, s. 6399 Section 6399. 303.066 of the statutes is created to read:

AB150-engrossed,2141,12 303.066 Wisconsin conservation corps projects. The department may sponsor Wisconsin conservation corps projects under s. 16.20 (8g).

AB150-engrossed, s. 6399m Section 6399m. 303.066 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,2141,16 303.066 Wisconsin conservation corps projects. The department may sponsor Wisconsin conservation corps projects under s. 16.20 106.215 (8g).

AB150-engrossed, s. 6400 Section 6400. 303.21 (1) (b) of the statutes is amended to read:

AB150-engrossed,2141,24 303.21 (1) (b) Inmates are included under par. (a) if they are participating in a structured work program away from the institution grounds under s. 302.15. Inmates are not included under par. (a) if they are employed in a prison industry under s. 303.06 (2), participating in a work release program under s. 303.065 (2), participating in employment with a private business under s. 303.01 (2) (em) or participating in the transitional employment program, but they are eligible for worker's compensation benefits as provided under ch. 102.

AB150-engrossed, s. 6401 Section 6401. 303.21 (1) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,2142,11 303.21 (1) (b) Inmates are included under par. (a) if they are participating in a structured work program away from the institution grounds under s. 302.15. Inmates are not included under par. (a) if they are employed in a prison industry under s. 303.06 (2), participating in a work release program under s. 303.065 (2), participating in employment with a private business under s. 303.01 (2) (em) or participating in the transitional employment program, but they are eligible for worker's compensation benefits under ch. 102. Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are eligible for worker's compensation benefits under ch. 102.

AB150-engrossed, s. 6402 Section 6402. 303.215 of the statutes is amended to read:

AB150-engrossed,2142,23 303.215 (title) Compensation to prisoners or residents injured in prison industries employment. In accordance with s. 102.03 (2), for an inmate of a state institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2), compensation under ch. 102 on being released from the applicable institution, either on parole or, on final discharge or in accordance with ch. 48, whichever is applicable, is the exclusive remedy against the department and any employe of the department for any injury sustained by the inmate or resident while performing service growing out of and incidental to that employment. The department shall make any payments required under this section from the revolving appropriation for the operation of prison industries or, if there is no revolving appropriation for the operation of prison industries, from the general fund.

AB150-engrossed, s. 6403 Section 6403. 303.22 of the statutes is amended to read:

AB150-engrossed,2143,4 303.22 Work on Sundays and holidays. No prisoner shall, or resident subject to s. 303.01 (1) (b), may be compelled to work on Sunday or a legal holiday, except it be on if the work is necessary household work or when the work is necessary to maintain the management or discipline of the institution.

AB150-engrossed, s. 6405 Section 6405. 304.06 (1) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150-engrossed,2143,22 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. The parole commission may parole a participant in the youthful offender program under s. 48.537 when he or she has participated in that program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB150-engrossed, s. 6405m Section 6405m. 304.06 (1) (b) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,2144,16 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. The parole commission may parole a participant in the serious juvenile offender program under s. 48.538 when he or she has participated in that program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB150-engrossed, s. 6406 Section 6406. 304.07 of the statutes, as affected by 1993 Wisconsin Act 385, is renumbered 48.535.

AB150-engrossed, s. 6407x Section 6407x. 304.073 of the statutes is created to read:

AB150-engrossed,2144,20 304.073 Administrative and minimum supervision. (1) In this section:

AB150-engrossed,2144,22 (a) "Administrative supervision" has the meaning given in s. 301.08 (1) (c) 1. a.

AB150-engrossed,2144,23 (b) "Minimum supervision" has the meaning given in s. 301.08 (1) (c) 1. b.

AB150-engrossed,2145,5 (2) Beginning on January 1, 1996, the department shall charge a fee to any probationer or parolee who is under minimum or administrative supervision and is supervised by the department. The fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c) 2. The department shall set the fee sufficient to cover the cost of supervision. The department shall collect moneys for the fee charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (ge).

AB150-engrossed,2145,7 (3) The department shall promulgate rules setting the rate under sub. (2) and providing the procedure and timing for collecting the fee charged under sub. (2).

AB150-engrossed, s. 6408 Section 6408. 304.074 of the statutes is created to read:

AB150-engrossed,2145,10 304.074 Reimbursement fee for persons on probation, community supervision and parole. (1) In this section:

AB150-engrossed,2145,12 (a) "Administrative supervision" has the meaning given in s. 301.08 (1) (c) 1. a.

AB150-engrossed,2145,13 (b) "Minimum supervision" has the meaning given in s. 301.08 (1) (c) 1. b.

AB150-engrossed,2145,23 (2) Beginning on January 1, 1996, the department shall charge a fee to probationers and parolees and persons on community supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for probationers and parolees and persons on community supervision based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each probationer and parolee and person on community supervision. The department shall not charge a fee while the probationer or parolee is or person on community supervision exempt under sub. (3). The department shall collect moneys for the fees charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (gf).

AB150-engrossed,2146,3 (3) The department may decide not to charge a fee under sub. (2) to any probationer or parolee or person on community supervision while he or she meets any of the following conditions:

AB150-engrossed,2146,4 (a) Is unemployed.

AB150-engrossed,2146,5 (b) Is pursuing a full-time course of instruction approved by the department.

AB150-engrossed,2146,6 (c) Is undergoing treatment approved by the department and is unable to work.

AB150-engrossed,2146,9 (d) Has a statement from a physician certifying to the department that the probationer or parolee or person on community supervision should be excused from working for medical reasons.

AB150-engrossed,2146,11 (4) The fee under sub. (2) does not apply to any probationer or parolee who is under minimum or administrative supervision.

AB150-engrossed,2146,13 (5) The department shall promulgate rules setting rates under sub. (2) and providing the procedure and timing for collecting fees charged under sub. (2).

AB150-engrossed, s. 6408g Section 6408g. 304.075 of the statutes is amended to read:

AB150-engrossed,2147,2 304.075 (title) Probationer and parolee loan Loan fund for persons on probation, community supervision or parole. The department shall create a revolving fund out of any moneys in its hands belonging to probationers and parolees and persons on community supervision who absconded, or whose whereabouts are unknown. The fund shall be used to defray the expenses of clothing, transportation, maintenance and other necessities for probationers and parolees and persons on community supervision who are without means to secure those necessities. All payments made from the fund shall be repaid by probationers or parolees and persons on community supervision for whose benefit they are made whenever possible; and any moneys belonging to them so paid into the revolving fund shall be repaid to them in accordance with law, in case a claim therefor is filed with the department upon showing the legal right of the claimant to such money.

AB150-engrossed,2147,3 " Section 6409c. 340.01 (7m) of the statutes is amended to read:

AB150-engrossed,2147,8 340.01 (7m) "Commercial driver license" means a license issued to a person by this state or another jurisdiction which is in accordance with the requirements of the federal commercial motor vehicle safety act of 1986, 49 USC 2701 to 2716 31301 to 31317, and which authorizes the licensee to operate certain commercial motor vehicles.

AB150-engrossed, s. 6409g Section 6409g. 340.01 (7r) of the statutes is amended to read:

AB150-engrossed,2147,14 340.01 (7r) "Commercial driver license information system" means the information system established pursuant to the federal commercial motor vehicle safety act of 1986, 49 USC 2701 to 2716 31301 to 31317, to serve as a clearinghouse for information related to the licensing and identification of commercial motor vehicle drivers.

AB150-engrossed, s. 6409m Section 6409m. 340.01 (56) (a) (intro.) of the statutes is amended to read:

AB150-engrossed,2147,18 340.01 (56) (a) (intro.) Means a motor vehicle which carries 10 16 or more passengers in addition to the operator or a motor vehicle painted in accordance with s. 347.44 (1) for the purpose of transporting:

AB150-engrossed, s. 6409r Section 6409r. 341.08 (2) (am) of the statutes is created to read:

AB150-engrossed,2147,21 341.08 (2) (am) If the applicant is a natural person registering a farm truck under s. 341.26 (3) (a) 1., the applicant's social security number.

AB150-engrossed, s. 6409s Section 6409s. 341.08 (2) (cm) of the statutes is created to read:

AB150-engrossed,2148,2 341.08 (2) (cm) If the applicant is registering a farm truck under s. 341.26 (3) (a) 1., certification that the applicant had at least $6,000 in gross farm profits, as defined in s. 71.58 (4), in at least one of the 2 previous taxable years, or that the applicant expects to have at least $6,000 in gross farm profits, as defined in s. 71.58 (4), in the current taxable year.

AB150-engrossed, s. 6409t Section 6409t. 341.08 (4) of the statutes is amended to read:

AB150-engrossed,2148,12 341.08 (4) Applications for renewal of registration shall contain the information required in sub. (2) for original applications or such parts thereof as the department deems necessary to assure the proper registration of the vehicle, except that all applications for renewal of registration of farm trucks under s. 341.26 (3) (a) 1. shall contain the information specified in sub. (2) (am) and (cm). The department may require that applications for renewal of registration be accompanied by the certificate of title issued for the vehicle only when the true ownership or proper registration of the vehicle is in doubt and cannot be resolved from records maintained by the department.

AB150-engrossed, s. 6409v Section 6409v. 341.08 (8) of the statutes is created to read:

AB150-engrossed,2148,17 341.08 (8) The department may not disclose a social security number obtained from an applicant under sub. (2) (am) to any person except to the department of revenue for the sole purpose of determining the applicant's eligibility to register the farm truck under s. 341.26 (3) (a) 1.

AB150-engrossed, s. 6410b Section 6410b. 341.25 (1) (a) of the statutes is amended to read:

AB150-engrossed,2148,21 341.25 (1) (a) For each automobile or station wagon, a fee of $40 $45, except that an automobile registered in this state prior to September 1, 1947, at a fee of less than $18 shall be registered at such lesser fee plus an additional fee of $2.

AB150-engrossed, s. 6410c Section 6410c. 341.26 (3) (a) 1. of the statutes is amended to read:

AB150-engrossed,2148,25 341.26 (3) (a) 1. For each farm truck having a gross weight of 12,000 pounds or less, a biennial fee of $42. Registration plates issued under this subdivision expire on the last day of February of even-numbered years.

AB150-engrossed, s. 6410e Section 6410e. 341.297 (2) of the statutes is renumbered 341.297 (2) (a) and amended to read:

AB150-engrossed,2149,7 341.297 (2) (a) A farm truck having a gross weight of 12,000 pounds or less, as specified in s. 341.26 (3) (a) 1. The registration period for such a farm truck begins on March 1 of an even-numbered year and ends on the last day of February of the next even-numbered year All such farm trucks shall be registered by the department according to the monthly series of registration prescribed by par. (b).

AB150-engrossed, s. 6410f Section 6410f. 341.297 (2) (b) of the statutes is created to read:

AB150-engrossed,2149,13 341.297 (2) (b) There are established 24 registration periods, each to be designated by a calendar month and to start on the first day of such month and end on the last day of the 24th month from the date of commencing. The department shall so administer the monthly series system of registration as to distribute the work of registering farm trucks as uniformly as practicable throughout the calendar year.

AB150-engrossed, s. 6410g Section 6410g. 341.43 of the statutes is amended to read:

AB150-engrossed,2149,21 341.43 Audits. The department may conduct such audits as it deems necessary to determine the adequacy of fees paid under the international registration plan or other proportional registration law or agreement and taxes and fees paid under s. 341.45. Audits shall be conducted during normal business hours. Credits shall be given for overpayments and deficiencies shall be assessed, with interest. Actual and necessary expenses incurred by an auditor, plus wages, may be assessed against the person audited.

AB150-engrossed, s. 6410h Section 6410h. 341.45 (title) of the statutes is amended to read:

AB150-engrossed,2149,23 341.45 (title) Importation in vehicle tanks regulated; taxes.

AB150-engrossed, s. 6410j Section 6410j. 341.45 (1g) (a) of the statutes is amended to read:

AB150-engrossed,2150,12 341.45 (1g) (a) Every Except as provided in subs. (3) and (4g), every person who purchases or obtains motor vehicle fuel or an alternate fuel outside of this state and operates any qualified motor vehicle into this state upon a highway and transports that fuel in an attached or unattached fuel supply tank for the sole purpose of operating the qualified motor vehicle shall pay the Wisconsin motor vehicle fuel or alternate fuels tax and the oil inspection fee under s. 168.12 on the gallons consumed by the qualified motor vehicle while operated on the highways of this state. The person shall pay the tax and fee by purchasing motor vehicle fuel or alternate fuels within this state in an amount that is equivalent to the gallonage consumed while operating the qualified motor vehicle on the highways of this state, or by remitting the tax and fee directly to the department or to another jurisdiction that is a party to the international fuel tax agreement.

AB150-engrossed, s. 6410k Section 6410k. 341.45 (1g) (b) of the statutes is amended to read:

AB150-engrossed,2150,16 341.45 (1g) (b) The department may require any person required to pay under par. (a) to report on forms prescribed by it, to display evidence of compliance with par. (a) and to pay taxes and fees in the manner specified by the department.

AB150-engrossed,2150,19 (c) The department shall require any person convicted of evading the tax or fee due under par. (a) to report on forms and in the manner prescribed by the department.

AB150-engrossed, s. 6410m Section 6410m. 341.45 (2) of the statutes is amended to read:

AB150-engrossed,2151,2 341.45 (2) Every person regularly or habitually operating qualified motor vehicles upon the highways of any other state and using in those qualified motor vehicles motor vehicle fuel or an alternate fuel purchased or obtained in this state shall be allowed a credit or refund equal to the oil inspection fee and the tax on the motor vehicle fuel or alternate fuel actually paid to the state in which it is used, but not to exceed the tax and fee imposed on motor vehicle fuel or alternate fuels by this state.