1995 Wisconsin Act 27

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.

27,6406 Section 6406 . 304.07 of the statutes, as affected by 1993 Wisconsin Act 385, is renumbered 48.535.

27,6407x Section 6407x. 304.073 of the statutes is created to read:

304.073 Administrative and minimum supervision. (1) In this section:

(a) “Administrative supervision" has the meaning given in s. 301.08 (1) (c) 1. a.

(b) “Minimum supervision" has the meaning given in s. 301.08 (1) (c) 1. b.

(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).

(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).

27,6408 Section 6408 . 304.074 of the statutes is created to read:

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

(a) “Administrative supervision" has the meaning given in s. 301.08 (1) (c) 1. a.

(b) “Minimum supervision" has the meaning given in s. 301.08 (1) (c) 1. b.

(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).

(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:

(a) Is unemployed.

(b) Is pursuing a full-time course of instruction approved by the department.

(c) Is undergoing treatment approved by the department and is unable to work.

(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.

(4) The fee under sub. (2) does not apply to any probationer or parolee who is under minimum or administrative supervision.

(5) The department shall promulgate rules setting rates under sub. (2) and providing the procedure and timing for collecting fees charged under sub. (2).

27,6408g Section 6408g. 304.075 of the statutes is amended to read:

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 ac cordance with law, in case a claim therefor is filed with the department upon showing the legal right of the claimant to such money.

27,6409m Section 6409m. 340.01 (56) (a) (intro.) of the statutes is amended to read:

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:

27,6411b Section 6411b. 342.14 (1m) of the statutes is repealed.

27,6412cnj Section 6412cnj. 343.30 (1q) (d) of the statutes is amended to read:

343.30 (1q) (d) The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse or dependence on alcohol or controlled substances, or attendance at a school under s. 345.60, or both. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and with treatment. The school under s. 345.60 shall notify the department, the county department under s. 51.42 and the person of the person's compliance or noncompliance with the requirements of the school. Nonpayment of the assessment fee or, if the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order. If the department is notified of any noncompliance, it shall suspend the person's operating privilege until the county department under s. 51.42 or the school under s. 345.60 notifies the department that the person is in compliance with assessment or the driver safety plan. The department shall notify the person of the suspension, the reason for the suspension and the person's right to a review. A person may request a review of a suspension based upon failure to comply with a driver safety plan within 10 days of notification. The review shall be handled by the subunit of the department of transportation designated by the secretary. The issues at the review are limited to whether the driver safety plan, if challenged, is appropriate and whether the person is in compliance with the assessment order or the driver safety plan. The review shall be conducted within 10 days after a request is received. If the driver safety plan is determined to be inappropriate, the department shall order a reassessment and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If the person is determined to be in compliance with the assessment or driver safety plan, and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If there is no decision within the 10-day period, the department shall issue an order reinstating the person's operating privilege until the review is completed, unless the delay is at the request of the person seeking the review.

27,6412cnk Section 6412cnk. 343.30 (1z) of the statutes is created to read:

343.30 (1z) If a court imposes a driver improvement surcharge under s. 346.655 and the person fails to pay the surcharge within 60 days after the date by which the court ordered the surcharge to be paid, the court may suspend the person's operating privilege until the person pays the surcharge, except that the suspension period may not exceed 5 years. Any period of suspension under this subsection is subject to sub. (1q) (h).

27,6412cnL Section 6412cnL. 343.305 (10) (d) of the statutes is amended to read:

343.305 (10) (d) The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse or dependence on alcohol or controlled substances, attendance at a school under s. 345.60, or both. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and treatment. The school under s. 345.60 shall notify the department, the county department under s. 51.42 and the person of the person's compliance or noncompliance with the requirements of the school. Nonpayment of the assessment fee or, if the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order. If the department is notified of noncompliance, it shall suspend the person's operating privilege until the county department under s. 51.42 or the school under s. 345.60 notifies the department that the person is in compliance with assessment or the driver safety plan. The department shall notify the person of the suspension, the reason for the suspension and the person's right to a review. A person may request a review of a suspension based upon failure to comply with a driver safety plan within 10 days of notification. The review shall be handled by the subunit of the department of transportation designated by the secretary. The issues at the review are limited to whether the driver safety plan, if challenged, is appropriate and whether the person is in compliance with the assessment order or the driver safety plan. The review shall be conducted within 10 days after a request is received. If the driver safety plan is determined to be inappropriate, the department shall order a reassessment and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If the person is determined to be in compliance with the assessment or driver safety plan, and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If there is no decision within the 10-day period, the department shall issue an order reinstating the person's operating privilege until the review is completed, unless the delay is at the request of the person seeking the review.

27,6412e Section 6412e. 344.576 (3) (a) 5. of the statutes is amended to read:

344.576 (3) (a) 5. The address and telephone number of the office of consumer protection in the department of justice department of agriculture, trade and consumer protection.

27,6412m Section 6412m. 344.576 (3) (c) of the statutes is amended to read:

344.576 (3) (c) The department of justice agriculture, trade and consumer protection shall promulgate rules specifying the form of the notice required under par. (a), including the size of the paper and the type size and any highlighting of the information described in par. (a). The rule may specify additional information that must be included in the notice and the precise language that must be used.

27,6412s Section 6412s. 344.579 (2) (intro.) of the statutes is amended to read:

344.579 (2) Enforcement. (intro.) The department of justice agriculture, trade and consumer protection shall investigate violations of ss. 344.574, 344.576 (1), (2) and (3) (a) and (b), 344.577 and 344.578. The department of justice agriculture, trade and consumer protection may on behalf of the state:

27,6415 Section 6415 . 346.503 (1m) (g) of the statutes is amended to read:

346.503 (1m) (g) This subsection does not affect the authority under s. 101.13 of the department of industry, labor and human relations development to require by rule the reservation of parking spaces for use by a motor vehicle used by a physically disabled person.

27,6416 Section 6416 . 346.503 (4) of the statutes is amended to read:

346.503 (4) The department, after consulting with the department of industry, labor and human relations development, shall promulgate rules governing the design, size and installation of the official traffic signs required under sub. (2) or (2m).

27,6416c Section 6416c. 346.655 (1) of the statutes is amended to read:

346.655 (1) On or after July 1, 1988, if a court imposes a fine or a forfeiture for a violation of 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, it shall impose a driver improvement surcharge in an amount of $250 $300 in addition to the fine or forfeiture, penalty assessment and jail assessment.

27,6416d Section 6416d. 346.655 (2) (a) of the statutes is amended to read:

346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.395 (5). The county treasurer shall then make payment of 15% 29.2% of the amount to the state treasurer as provided in s. 59.20 (5) (b).

27,6416e Section 6416e. 346.655 (2) (b) of the statutes is amended to read:

346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town or village, and that treasurer shall make payment of 15% 29.2% of the amount to the state treasurer as provided in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit the remaining 85% 70.8% of the amount to the treasurer of the county.

27,6416g Section 6416g. 346.655 (4) of the statutes is created to read:

346.655 (4) Any person who fails to pay a driver improvement surcharge imposed under sub. (1) is subject to s. 343.30 (1z).

27,6416v Section 6416v. 347.40 (2) of the statutes is amended to read:

347.40 (2) No person shall operate on a highway any school bus having a passenger-carrying capacity of 10 16 or more persons including in addition to the operator unless such bus is equipped with at least one mirror which is 7 inches in diameter so located as to enable the operator to see a reflection of the road from the entire front bumper forward to a point where direct observation is possible.

27,6419 Section 6419 . 350.12 (4) (a) (intro.) of the statutes is amended to read:

350.12 (4) (a) Enforcement, administration and related costs. (intro.) The moneys appropriated from s. 20.370 (3) (aq), (4) (ft) (5) (es) and (is) (mw) and (8) (dq) may be used for the following:

27,6420 Section 6420 . 350.12 (4) (a) 4. of the statutes is amended to read:

350.12 (4) (a) 4. An amount necessary to pay the cost of law enforcement aids to counties as appropriated under s. 20.370 (4) (ft) (5) (es). On or before June 1, a county shall file with the department on forms prescribed by the department a detailed statement of the costs incurred by the county in the enforcement of this chapter during the preceding May 1 to April 30. The department shall audit the statements and determine the county's net costs for enforcement of this chapter. The department shall compute the state aids on the basis of 100% of these net costs and shall pay these aids on or before October 1. If the state aids payable to counties exceed the moneys available for such purpose, the department shall prorate the payments.

27,6421 Section 6421 . 350.12 (4) (b) (intro.) of the statutes is amended to read:

350.12 (4) (b) Trail aids and related costs. (intro.) The moneys appropriated under s. 20.370 (1) (mq) and (4) (bs) (5) (cr) and (bt) (cs) shall be used for development and maintenance, the cooperative snowmobile sign program, major reconstruction or rehabilitation to improve bridges on existing approved trails, trail rehabilitation, signing of snowmobile routes, and state snowmobile trails and areas and distributed as follows:

27,6430 Section 6430 . 350.12 (4) (bg) of the statutes is amended to read:

350.12 (4) (bg) Supplemental trail aid payments. Of the moneys appropriated under s. 20.370 (4) (bt) (5) (cs), the department shall make available in fiscal year 1992-93 and each fiscal year thereafter an amount equal to the amount calculated under s. 25.29 (1) (d) 2. to make payments to the department or a county under par. (bm) for trail maintenance costs incurred in the previous fiscal year that exceed the maximum specified under par. (b) 1. before expending any of the amount for the other purposes specified in par. (b).

27,6434g Section 6434g. 350.12 (4) (br) of the statutes is amended to read:

350.12 (4) (br) (title) Supplemental trail aid payments; proration insufficient funding. If the aid that is payable to counties and to the department under par. (bm) exceeds the moneys available under par. (bg), the department shall may prorate the payments or may request the joint committee on finance to take action under s. 13.101. The requirement of a finding of emergency under s. 13.101 (3) (a) 1. does not apply to such a request.

27,6435 Section 6435 . 350.12 (4) (c) of the statutes is amended to read:

350.12 (4) (c) Lapses. Any moneys appropriated under s. 20.370 (1) (mq), (3) (aq), (4) (is) (5) (mw) or (8) (dq) that lapse at the end of the fiscal year or that lapse after the end of the fiscal year because of the liquidation of an encumbrance shall revert to the snowmobile account in the conservation fund.

27,6441b Section 6441b. 406.104 (1) (c) of the statutes is amended to read:

406.104 (1) (c) The transferee preserves the list and schedule for 6 months next following the transfer and permits inspection of either or both and copying therefrom at all reasonable hours by any creditor of the transferor, or files the list and schedule in with the office of the secretary of state department of financial institutions.

27,6442b Section 6442b. 409.105 (1) (dm) of the statutes is created to read:

409.105 (1) (dm) “Department" means the department of financial institutions.

27,6443b Section 6443b. 409.401 (1) (c) of the statutes is amended to read:

409.401 (1) (c) In all other cases, in the office of the secretary of state with the department.

27,6444b Section 6444b. 409.401 (5) of the statutes is amended to read:

409.401 (5) Notwithstanding the preceding subsections, and subject to s. 409.302 (3), the proper place to file in order to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the secretary of state with the department. This filing constitutes a fixture filing under s. 409.313 as to the collateral described therein which is or is to become fixtures.

27,6445b Section 6445b. 409.402 (3m) of the statutes is amended to read:

409.402 (3m) The secretary of state department shall prescribe by rule standard forms for filing a financing statement, continuation statement, termination statement, statement of assignment or statement of release. A filing officer may refuse to accept statements not on the required form or not containing information required under sub. (1).

27,6446 Section 6446 . 409.403 (3) of the statutes is amended to read:

409.403 (3) A continuation statement may be filed by the secured party within 6 months prior to the expiration of the 5-year period specified in sub. (2). Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with s. 409.405 (2), including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in sub. (2) unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it immediately if the officer has retained a microfilm or other photographic record or an optical disk or electronic copy. In other cases a lapsed statement may not be destroyed until after one year after the lapse. The filing officer shall so arrange matters by physical annexation of financing statements to continuation statements or other related filings, or by other means, that if the officer physically destroys the financing statements of a period more than 5 years past, those which have been continued by a continuation statement or which are still effective under sub. (6) shall be retained.

27,6447 Section 6447 . 409.403 (4) of the statutes is amended to read:

409.403 (4) Except as provided in sub. (7), a filing officer shall mark each statement with a file number and with the date and hour of filing and shall hold the statement or a microfilm or other photographic copy thereof, or an optical disk or electronic copy thereof, for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and shall note in the index the file number and the address of the debtor given in the statement.

27,6448b Section 6448b. 409.403 (5) (a) 1. of the statutes is amended to read:

409.403 (5) (a) 1. The fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement is $8 if the statement is on the standard form prescribed by the secretary of state department and is $16 if the statement is not on the standard form or if additional pages are attached to the standard form. The fee for filing an original financing statement subject to s. 409.402 (5) is $10 if the statement is on the standard form and is $20 if the statement is not on the standard form or if additional pages are attached to the standard form.

27,6449b Section 6449b. 409.403 (5) (a) 2. of the statutes is amended to read:

409.403 (5) (a) 2. The fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an amendment or a continuation statement is $5 if the amendment or statement is on the standard form prescribed by the secretary of state department and is $10 if the amendment or statement is not on the standard form or if additional pages are attached to the standard form.

27,6450b Section 6450b. 409.403 (5) (a) 3. of the statutes, as affected by 1993 Wisconsin Act 452, is amended to read:

409.403 (5) (a) 3. A register of deeds shall forward $3 to the office of the secretary of state department for each original financing statement filed with the office of the register of deeds under subd. 1. and for each amendment and each continuation statement filed with the office of the register of deeds under subd. 2.

27,6451b Section 6451b. 409.403 (5) (b) (title) of the statutes is amended to read:

409.403 (5) (b) (title) Fees for filing with the office of the secretary of state department of financial institutions.

27,6452b Section 6452b. 409.403 (5) (b) 1. of the statutes is amended to read:

409.403 (5) (b) 1. The fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement is $8 if the statement is on the standard form prescribed by the secretary of state department and is $16 if the statement is not on the standard form or if additional pages are attached to the standard form.

27,6453b Section 6453b. 409.403 (5) (b) 2. of the statutes is amended to read:

409.403 (5) (b) 2. The fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an amendment or a continuation statement is $5 if the amendment or statement is on the standard form prescribed by the secretary of state department and is $10 if the amendment or statement is not on the standard form or if additional pages are attached to the standard form.