2005 Wisconsin Act 25

25,2223 Section 2223. 301.45 (10) of the statutes is created to read:

301.45 (10) The department may require a person who must register as a sex offender and who is in its custody or on probation, parole, or extended supervision to pay an annual fee to partially offset its costs in monitoring persons on probation, parole, or extended supervision. The department shall establish any such fee by rule, but the fee may not exceed $50.

25,2225 Section 2225. 302.04 of the statutes is amended to read:

302.04 Duties of warden and superintendents. The Except as provided in s. 16.848, the warden or the superintendent of each state prison shall have charge and custody of the prison and all lands, belongings, furniture, implements, stock and provisions and every other species of property within the same or pertaining thereto. The warden or superintendent shall enforce the regulations rules of the department for the administration of the prison and for the government of its officers and the discipline of its inmates.

25,2226m Section 2226m. 302.05 (1) of the statutes is renumbered 302.05 (1) (am).

25,2227m Section 2227m. 302.05 (1) (c) of the statutes is created to read:

302.05 (1) (c) The Robert E. Ellsworth Correctional Center shall provide a substance abuse treatment program for inmates for the purposes of the earned release program described in sub. (3).

25,2228 Section 2228. 302.05 (3) (b) of the statutes is amended to read:

302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the a treatment program described in sub. (1), the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole commission grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

25,2229 Section 2229. 302.05 (3) (c) 1. of the statutes is amended to read:

302.05 (3) (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed the a treatment program described in sub. (1), the department shall inform the court that sentenced the inmate.

25,2230 Section 2230. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed the a treatment program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:

25,2231 Section 2231. 302.05 (3) (d) of the statutes is amended to read:

302.05 (3) (d) The department may place intensive sanctions program participants in the a treatment program described in sub. (1), but pars. (b) and (c) do not apply to those participants.

25,2232 Section 2232. 302.12 (2) of the statutes is amended to read:

302.12 (2) Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046, the drug offender diversion surcharge under s. 973.043, and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements. The rules shall provide that the money be used for the reasonable support of the inmate's family or dependents before it is allocated for the drug offender diversion surcharge.

25,2233 Section 2233. 302.13 of the statutes is amended to read:

302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4) and, the deoxyribonucleic acid analysis surcharge under s. 973.046, and the drug offender diversion surcharge under s. 973.043, shall restore the money and effects to the inmate when discharged.

25,2233m Section 2233m. 302.43 of the statutes is amended to read:

302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (j).

25,2235 Section 2235. 303.01 (8) (b) of the statutes is amended to read:

303.01 (8) (b) The department shall distribute earnings of an inmate or resident, other than an inmate or resident employed under sub. (2) (em), for the crime victim and witness assistance surcharge under s. 973.045 (4), for the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), 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 may also distribute earnings for the drug offender diversion surcharge under s. 973.043, but only if the inmate or resident has first provided for the reasonable support of his or her dependents.

25,2236m Section 2236m. 303.01 (8) (c) 8. of the statutes is created to read:

303.01 (8) (c) 8. Payment of the drug offender diversion surcharge under s. 973.043.

25,2239m Section 2239m. 303.015 (1) (e) of the statutes is amended to read:

303.015 (1) (e) The board shall review and either approve or deny a proposal under s. 303.06 (5) to offer for sale in the open market a product or type of product manufactured in whole or in part by inmates as part of a hobby-craft program or vocational training. Once the board has approved the sale of a particular product or type of product under this paragraph, the product or type of product may be offered for sale by any tax-supported or nonprofit agency under s. 303.06 (5) without further approval by the board under this paragraph.

25,2240g Section 2240g. 303.06 (5) of the statutes is amended to read:

303.06 (5) A tax-supported institution or a nonprofit agency may offer for sale in the open market products manufactured in whole or in part by inmates in a state penal institution as part of a hobby-craft program or vocational training if the purpose of the sale is to support the institution's or agency's mission or is for some other charitable purpose and if the sale of that product or type of product has been approved by the prison industries board under s. 303.015 (1) (e).

25,2240r Section 2240r. 303.06 (6) of the statutes is created to read:

303.06 (6) The department may sell, in the open market, products produced in whole or in part by inmates in a state penal institution if the products are produced as part of a technical college course provided to inmates.

25,2241m Section 2241m. 303.065 (5) (cm) of the statutes is created to read:

303.065 (5) (cm) Payment of the drug offender diversion surcharge under s. 973.043.

25,2243 Section 2243. 341.09 (2m) (a) 1., 2. and 3. and (d) of the statutes are amended to read:

341.09 (2m) (a) 1. Upon request by a dealer licensed in this state, the department may issue any number of temporary operation plates and temporary permits to a dealer under sub. (2) at a fee of $3 per plate item. The dealer may issue the temporary operation plate or permit at a fee of $3 to any of the following:

2. Notwithstanding subd. 1., the department shall issue a sufficient number of temporary operation plates and temporary permits without charge to each dealer licensed in this state for issuance under this subdivision. Each dealer shall issue a temporary operation plate or a temporary permit without charge to any state resident who purchases or leases from the dealer an automobile or motor truck having a registered weight of 8,000 pounds or less, for use on such vehicle if the state resident submits to the dealer a complete application for registration of the vehicle, including evidence of inspection under s. 110.20 when required, and for a new certificate of title for a purchased vehicle, together with a check or money order made payable to the department for all applicable title, registration, security interest and sales tax moneys, for transmittal to the department by the dealer.

3. The department shall prescribe the manner in which a dealer shall keep records of temporary operation plates and temporary permits issued by the dealer.

(d) If the department determines that a dealer has misused plates or permits issued under this subsection or sub. (4) or has failed to comply with the requirements of this section or rules issued under this section, the department may order the dealer to return all temporary operation plates and permits in the dealer's possession. Within 30 days after the issuance of the order, the dealer may request a hearing before the division of hearings and appeals. The division of hearings and appeals shall schedule a hearing with reasonable promptness. The dealer may not issue any temporary operation plates or permits until after the division of hearings and appeals holds its scheduled hearing and issues its findings.

25,2244 Section 2244. 341.09 (9) of the statutes is amended to read:

341.09 (9) Notwithstanding any other provision of this section, the department shall issue a temporary operation plate or a temporary permit without charge for an automobile or motor truck having a registered weight of 8,000 pounds or less upon receipt of a complete application accompanied by the required fee for registration of the vehicle, including evidence of any inspection under s. 110.20 when required, if the department does not immediately issue the regular registration plates for the vehicle and the department determines that the applicant has not otherwise been issued a temporary operation plate or a temporary permit under this section.

25,2244f Section 2244f. 341.135 (1) of the statutes is amended to read:

341.135 (1) Design. Every 7th 10th year, the department shall establish new designs of registration plates to be issued under ss. 341.14 (1a), (1m), (1q), (2), (2m), (6m), and (6r), 341.25 (1) (a), (c), (h), and (j) and (2) (a), (b), and (c), and 341.26 (2) and (3) (a) 1. and (am). Any design for registration plates issued for automobiles and for vehicles registered on the basis of gross weight shall comply with the applicable design requirements of ss. 341.12 (3), 341.13, and 341.14 (6r) (c). The designs for registration plates specified in this subsection shall be as similar in appearance as practicable during each 7-year 10-year design interval. Except as provided in s. 341.13 (2r), each registration plate issued under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m), or (6r), 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c), or 341.26 (2) or (3) (a) 1. or (am) during each 7-year 10-year design interval shall be of the design established under this subsection. The department may not redesign registration plates for the special groups under s. 341.14 (6r) (f) 53., 54., or 55. until July 1, 2007 2010. Except for registration plates issued under s. 341.14 (6r) (f) 53., 54., or 55., the first design cycle for registration plates issued under ss. 341.14 (1a), (1m), (1q), (2), (2m), (6m), and (6r), 341.25 (1) (a), (c), (h), and (j) and (2) (a), (b), and (c), and 341.26 (2) and (3) (a) 1. and (am) began July 1, 2000.

25,2244k Section 2244k. 341.135 (2) (a) 2. of the statutes is amended to read:

341.135 (2) (a) 2. Notwithstanding s. 341.13 (3), beginning with registrations initially effective on July 1, 2007 2010, upon receipt of a completed application to initially register a vehicle under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m), or (6r), or s. 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c) or 341.26 (2) or (3) (a) 1. or (am), or to renew the registration of a vehicle under those sections for which a registration plate has not been issued during the previous 7 10 years, the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established for that 7-year 10-year period under sub. (1).

25,2244o Section 2244o. 341.135 (2) (am) of the statutes is amended to read:

341.135 (2) (am) Notwithstanding s. 341.13 (3) and (3m), beginning with registrations initially effective on July 1, 2000, upon receipt of a completed application to renew the registration of a vehicle registered under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m), or (6r), except s. 341.14 (6r) (f) 53., 54., or 55., or s. 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c) for which a registration plate of the design established under sub. (1) has not been issued, the department may issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1). This paragraph does not apply to registration plates issued under s. 341.14 (6r) (f) 52., 1997 stats. This paragraph does not apply after June 30, 2007 2010.

25,2244r Section 2244r. 341.135 (2) (e) of the statutes is amended to read:

341.135 (2) (e) The department shall issue new registration plates of the design established under sub. (1) for every vehicle registered under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m), or (6r), 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c), or 341.26 (2) or (3) (a) 1. or (am) after July 1, 2007 2010.

25,2245m Section 2245m. 341.135 (2m) of the statutes is created to read:

341.135 (2m) Applicability. This section does not apply to special group plates under s. 341.14 (6r) (f) 19m.

25,2245n Section 2245n. 341.14 (6r) (a) of the statutes is renumbered 341.14 (6r) (a) (intro.) and amended to read:

341.14 (6r) (a) (intro.) In this subsection and s. 341.145 (1) (c), "authorized:

1. "Authorized special group" means a special group enumerated in par. (f) or designated by the department under par. (fm).

25,2245o Section 2245o. 341.14 (6r) (a) 2. of the statutes is created to read:

341.14 (6r) (a) 2. "Immediate family member" means a spouse, grandparent, parent, sibling, child, stepchild, stepparent, or grandchild, or the spouse of a grandparent, parent, sibling, child, stepchild, stepparent, or grandchild.

25,2245om Section 2245om. 341.14 (6r) (b) 2. of the statutes is amended to read:

341.14 (6r) (b) 2. An additional fee of $15 shall be charged for the issuance or reissuance of the plates for special groups specified under par. (f), except that no additional fee may be charged under this subdivision for the issuance or reissuance of the plates for special groups specified under par. (f) 1. to 32., 49., 49m., 51., or 56.

25,2246 Section 2246. 341.14 (6r) (b) 9. of the statutes is created to read:

341.14 (6r) (b) 9. A fee of $15 shall be charged for the issuance or reissuance of a plate for a special group specified under par. (f) 1. to 19., 20. to 32., 49., 49m., 51., or 56. All moneys received under this subdivision in excess of the initial costs of production of the special group plate under par. (f) 56. or $27,600, whichever is less, shall be deposited in the veterans trust fund.

25,2246m Section 2246m. 341.14 (6r) (d) of the statutes is renumbered 341.14 (6r) (d) 1. and amended to read:

341.14 (6r) (d) 1. The Subject to subd. 2., the department shall specify the word or words comprising the special group name and the symbol to be displayed upon special group plates for a group associated with a branch of the armed services or a related organization after consultation with the appropriate state or federal representative of that service or organization. Special group plates for a group associated with a branch of the armed services or a related organization shall be colored red, white and blue.

25,2246n Section 2246n. 341.14 (6r) (d) 2. of the statutes is created to read:

341.14 (6r) (d) 2. Special group plates under par. (f) 19m. shall display a gold star flag. The department shall consult the Brian LaViolette Scholarship Foundation, Inc., in designing the special group plates under par. (f) 19m., and the department may not specify a design for the special group plates under par. (f) 19m. unless the design is approved in writing by the department of veterans affairs and by the Brian LaViolette Scholarship Foundation, Inc .

25,2246o Section 2246o. 341.14 (6r) (f) 19m. of the statutes is created to read:

341.14 (6r) (f) 19m. Persons who have had an immediate family member die in combat while serving in the U.S. armed forces.

25,2247 Section 2247. 341.14 (6r) (f) 56. of the statutes is created to read:

341.14 (6r) (f) 56. Persons interested in supporting veterans.

25,2247g Section 2247g. 341.14 (6r) (fm) 7. of the statutes is amended to read:

341.14 (6r) (fm) 7. Except for the authorized special group enumerated under par. (f) 55., after After October 1, 1998, additional authorized special groups may only be special groups designated by the department under this paragraph. The authorized special groups enumerated in par. (f) shall be limited solely to those special groups specified under par. (f) on October 1, 1998, except for the authorized special group enumerated under par. (f) 55. This subdivision does not apply to the special group groups specified under par. (f) 54., 55., and 56.

25,2247r Section 2247r. 341.14 (6r) (fm) 7. of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:

341.14 (6r) (fm) 7. After October 1, 1998, additional authorized special groups may only be special groups designated by the department under this paragraph. The authorized special groups enumerated in par. (f) shall be limited solely to those special groups specified under par. (f) on October 1, 1998. This subdivision does not apply to the special groups specified under par. (f) 19m., 54., 55., and 56.

25,2252 Section 2252. 342.06 (1) (intro.) of the statutes is amended to read:

342.06 (1) (intro.) An application for a certificate of title shall be made to the department upon a form or in an automated format prescribed by it and shall be accompanied by the required fee and any applicable taxes. The department shall provide the information it obtains under this subsection to the department of revenue for the sole purpose of administering state taxes. Each application for certificate of title shall include the following information:

25,2253 Section 2253. 342.06 (1) (eg) of the statutes is amended to read:

342.06 (1) (eg) Except as provided in par. (eh), if the applicant is an individual, the social security number of the applicant. The department of transportation may not disclose a social security number obtained under this paragraph to any person except to the department of workforce development for the sole purpose of administering s. 49.22 and to the department of revenue for the sole purpose of administering state taxes.

25,2254 Section 2254. 342.14 (1) of the statutes is amended to read:

342.14 (1) For filing an application for the first certificate of title, $18.50 $28.50, by the owner of the vehicle.

25,2255 Section 2255. 342.14 (1r) of the statutes is amended to read:

342.14 (1r) Upon filing an application under sub. (1) or (3), an environmental impact fee of $9, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management. This subsection does not apply after December 31, 2005 2007.

25,2256 Section 2256. 342.14 (3) of the statutes is amended to read:

342.14 (3) For a certificate of title after a transfer, $18.50 $28.50, by the owner of the vehicle.

25,2258 Section 2258. 342.14 (5) of the statutes is amended to read:

342.14 (5) For a replacement certificate of title, $8 $20, by the owner of the vehicle.

25,2259 Section 2259. 342.16 (1) (a) of the statutes is amended to read:

342.16 (1) (a) Except as provided in par. (c), if a dealer acquires a new or used vehicle that is not a salvage vehicle and holds it for resale, or acquires a salvage vehicle that is currently titled as a salvage vehicle and holds it for resale or accepts a vehicle for sale on consignment, the dealer may not submit to the department the certificate of title or application for certificate of title naming the dealer as owner of the vehicle. Upon transferring the vehicle to another person, the dealer shall immediately give the transferee on a form prescribed by the department a receipt for all title, registration, security interest and sales tax moneys paid to the dealer for transmittal to the department when required. The dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the dealer shall process the application for certificate of title, and within the next business day after processing the application, the dealer shall mail or deliver the certificate or original application for certificate and all associated materials required by the department to the department with the transferee's application for a new certificate. A nonresident who purchases a motor vehicle from a dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the vehicle in this state unless the dealer determines that a title is necessary to protect the interests of a secured party. The dealer is responsible for determining whether a title and perfection of security interest is required. The dealer is liable for any damages incurred by the department or any secured party for the dealer's failure to perfect a security interest which the dealer had knowledge of at the time of sale.

25,2260 Section 2260. 342.16 (1) (am) of the statutes is created to read:

342.16 (1) (am) 1. Except as provided in subd. 2., a motor vehicle dealer, as defined in s. 218.0101 (23), who processes an application for transfer of title and registration as provided in par. (a) shall utilize an electronic process prescribed by the department under this paragraph or provided for under ss. 341.20 and 341.21.

2. The department may, by rule, exempt a motor vehicle dealer from the requirements of this paragraph. A motor vehicle dealer who is exempted shall pay a fee to the department to process applications for transfer of title and registration that are submitted to the department by the exempted dealer.