1999 Wisconsin Act 9

9,2710d Section 2710d. 301.263 (3) of the statutes is amended to read:

301.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of juveniles statewide who are placed in a juvenile secured correctional institution or facility, a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance, during the most recent 2-year period for which that information is available.

9,2710m Section 2710m. 301.265 (3) of the statutes is amended to read:

301.265 (3) From the appropriations under s. 20.410 (3) (d) and (kj), the department shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 in the city of Racine to provide services in Racine County and $75,000 $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

9,2711 Section 2711. 301.27 (2) of the statutes is amended to read:

301.27 (2) Vending stands. The department shall establish and maintain a revolving fund not exceeding $60,000 $100,000 in any of the state institutions administered by the department, for the education, recreation and convenience of the patients, inmates and employes, to be used for the operation of vending stands, canteen operations, reading clubs, musical organizations, religious programs, athletics and similar projects. The funds are exempt from s. 20.906, but are subject to audit by the department and the legislative audit bureau in its discretion.

9,2712d Section 2712d. 301.36 (1) of the statutes is amended to read:

301.36 (1) General authority. The department shall investigate and supervise all of the state correctional institutions prisons under s. 302.01, all secured correctional facilities, all secured child caring institutions, all secured group homes and all secure detention facilities and familiarize itself with all of the circumstances affecting their management and usefulness.

9,2713d Section 2713d. 301.37 (1) of the statutes is amended to read:

301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of all houses of correction, reforestation camps maintained under s. 303.07, jails as defined in s. 302.30, extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8), lockup facilities as defined in s. 302.30, work camps under s. 303.10, Huber facilities under s. 303.09 and, after consulting with the department of health and family services, all secured group homes and secure detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.

9,2714d Section 2714d. 301.45 (1) (b) of the statutes is amended to read:

301.45 (1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home or is on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

9,2715d Section 2715d. 301.45 (1) (bm) of the statutes is amended to read:

301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home or is on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

9,2716d Section 2716d. 301.45 (3) (a) 2. of the statutes is amended to read:

301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or , a secured child caring institution or a secured group home, he or she is subject to this subsection upon being released on parole, extended supervision or aftercare supervision.

9,2717j Section 2717j. 301.45 (3) (a) 3r. of the statutes is amended to read:

301.45 (3) (a) 3r. If the person has been committed under ch. 980, he or she is subject to this subsection upon being placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08 or, if he or she was not placed on supervised release, before being discharged under s. 980.09 or 980.10.

9,2717m Section 2717m. 301.45 (5) (a) 2. of the statutes is amended to read:

301.45 (5) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or , a secured child caring institution or a secured group home, 15 years after discharge from parole or aftercare supervision.

9,2718 Section 2718. 302.01 of the statutes is amended to read:

302.01 State prisons named and defined. The penitentiary at Waupun is named "Waupun Correctional Institution". The correctional treatment center at Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay is named "Green Bay Correctional Institution". The medium/maximum penitentiary at Portage is named "Columbia Correctional Institution". The medium security institution at Oshkosh is named "Oshkosh Correctional Institution". The medium security penitentiary near Fox Lake is named "Fox Lake Correctional Institution". The penitentiary at Taycheedah is named "Taycheedah Correctional Institution". The medium security penitentiary at Plymouth is named "Kettle Moraine Correctional Institution". The penitentiary at the village of Sturtevant in Racine county is named "Racine Correctional Institution". The medium security penitentiary at Racine is named "Racine Youthful Offender Correctional Facility". The resource facility at Oshkosh is named "Wisconsin Resource Center". The institutions named in this section, the correctional institution institutions authorized under s. 301.16 (1n) and (1v), correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b), minimum security correctional institutions authorized under s. 301.13, the probation and parole holding facilities authorized under s. 301.16 (1q) and state-local shared correctional facilities when established under s. 301.14, are state prisons.

9,2718e Section 2718e. 303.01 (2) (em) of the statutes is amended to read:

303.01 (2) (em) Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, or within the confines of correctional institutions operated by the department for holding in secure custody persons adjudged delinquent, to not more than 6 private businesses to employ prison inmates and institution residents to manufacture products or components or to provide services for sale on the open market. The department shall comply with s. 16.75 in selecting businesses under this paragraph. The department may enter into a contract under this paragraph only with the approval of the joint committee on finance. The department may not enter into or amend a contract under this paragraph unless the contract or amendment specifies each state prison or juvenile correctional institution at which the private business will employ inmates or institution residents. The private business may not employ inmates or institution residents at a state prison or juvenile correctional institution not specified in the contract without the approval of the joint committee on finance. The department shall consult with appropriate trade organizations and labor unions prior to issuing requests for proposals and prior to selecting proposals under this paragraph. Each such private business may conduct its operations as a private business, subject to the wage standards under sub. (4), the disposition of earnings under sub. (8), the provisions regarding displacement in sub. (11), the requirements for notification and hearing under sub. (1) (c), the requirement for prison industries board approval under s. 303.015 (1) (b) and the authority of the department to maintain security and control in its institutions. The private business and its operations are not a prison industry. Inmates employed by the private business are not subject to the requirements of inmates participating in prison industries, except as provided in this paragraph;

9,2718em Section 2718em. 303.01 (2) (em) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed.

9,2718g Section 2718g. 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.

9,2718h Section 2718h. 303.01 (8) (c) of the statutes is repealed.

9,2718L Section 2718L. 303.01 (8) (d) of the statutes is repealed.

9,2718p Section 2718p. 303.01 (8) (e) of the statutes is repealed.

9,2718q Section 2718q. 303.01 (11) of the statutes is created to read:

303.01 (11) Displacement. (a) In this subsection:

1. "Displace an employe" means to lay off an employe in this state as a direct result of work being performed in a state prison or juvenile correctional institution under a prison contract or to permanently transfer an employe in this state to another job that reduces the employe's base pay, excluding overtime, differentials and bonuses, by more than 25% as a direct result of work being performed in a state prison or juvenile correctional institution under a prison contract.

2. "Prison contract" means a contract entered into by the department under sub. (2) (em).

3. "Private employer" means a private business that is a party to a prison contract.

(b) A private employer may not displace an employe or cause another private business to displace an employe.

(c) A private employer may not employ inmates or institution residents under a prison contract if any of the following applies:

1. The inmates or institution residents are to be employed in a skill, craft or trade in which there is a surplus of available labor in the locality of the private employer.

2. The employment of the inmates or institution residents will impair the performance of other contracts to which the private employer is a party.

3. The inmates or institution residents will replace employes who are on strike against the private employer or locked out of work.

(d) A private employer shall post in all of its workplaces a notice provided by the department containing a description of the nature of the prison contract and an explanation of what it means for an employe of a private employer to be displaced under this subsection and identifying a person at the department whom an employe of a private employer may contact if the employe believes that he or she may have been displaced by a prison contract.

9,2718qm Section 2718qm. 303.01 (11) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

9,2718v Section 2718v. 303.06 (3) of the statutes is repealed.

9,2718w Section 2718w. 303.08 (1) (cn) of the statutes is created to read:

303.08 (1) (cn) Attending court proceedings to which the person is a party or for which the person has been subpoenaed as a witness;

9,2718wc Section 2718wc. 303.08 (5) (a) of the statutes is renumbered 303.08 (5) (cg).

9,2718wg Section 2718wg. 303.08 (5) (b) of the statutes is amended to read:

303.08 (5) (b) Necessary travel expense to and from work and other;

(cr) Other incidental expenses of the prisoner;

9,2718wL Section 2718wL. 303.08 (5) (c) of the statutes is amended to read:

303.08 (5) (c) Support Court-ordered support of the prisoner's dependents, if any;

9,2718wq Section 2718wq. 303.08 (5m) of the statutes is amended to read:

303.08 (5m) A county may receive payments under sub. (5) (a) and (b), (cg) and (cr) or seek reimbursement under s. 302.372, but may not collect for the same expenses twice.

9,2718y Section 2718y. 303.21 (1) (b) of the statutes is amended to read:

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 or a secure work program under s. 303.063. 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.

9,2718yn Section 2718yn. 304.137 of the statutes is renumbered 304.137 (1) and amended to read:

304.137 (1) Persons released or placed on probation before January 1, 2000. If the department accepts supervision of a probationer, person on extended supervision or parolee from another state under s. 304.13 or 304.135 and the person was placed on probation or released on parole or extended supervision before January 1, 2000, the department shall determine whether the violation of law for which the person is on probation, extended supervision or parole is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025. If the department determines that a person on probation, extended supervision or parole from another state who is subject to this subsection violated a law that is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the department shall direct the probationer, person on extended supervision or parolee to provide a biological specimen under s. 165.76.

9,2718z Section 2718z. 304.137 (2) of the statutes is created to read:

304.137 (2) Persons released or placed on probation on or after January 1, 2000. If the department accepts supervision of a probationer, person on extended supervision or parolee from another state under s. 304.13 or 304.135 and the person was placed on probation or released on parole or extended supervision on or after January 1, 2000, the department shall determine whether the violation of law for which the person is on probation, extended supervision or parole would constitute a felony if committed by an adult in this state. If the department determines that a person on probation, extended supervision or parole from another state who is subject to this subsection violated a law that would constitute a felony if committed by an adult in this state, the department shall direct the probationer, person on extended supervision or parolee to provide a biological specimen under s. 165.76.

9,2720dd Section 2720dd. 340.01 (11) (intro.) of the statutes is amended to read:

340.01 (11) (intro.) "Dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in motor vehicles, mobile homes recreational vehicles, trailers or semitrailers, or who is engaged wholly or in part in the business of selling motor vehicles, mobile homes recreational vehicles, trailers or semitrailers, whether or not such vehicles are owned by that person, but not including:

9,2720dh Section 2720dh. 340.01 (14) of the statutes is amended to read:

340.01 (14) "Distributor" means a person who in whole or in part sells or distributes motor vehicles, mobile homes recreational vehicles, trailers or semitrailers to dealers, or who maintains distributor representatives.

9,2720dp Section 2720dp. 340.01 (28) of the statutes is amended to read:

340.01 (28) "Manufacturer" means a person who manufactures or assembles motor vehicles, mobile homes recreational vehicles, trailers or semitrailers, or who manufactures or installs on previously assembled truck chassis special bodies or equipment which when installed form an integral part of the motor vehicle and which constitutes a major manufacturing alteration.

9,2720dt Section 2720dt. 340.01 (29) of the statutes is amended to read:

340.01 (29) "Mobile home" means a vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction. A mobile home exceeding statutory size under s. 348.07 (2) shall be considered a primary housing unit. A mobile home not exceeding the statutory size under s. 348.07 (2) shall be considered a touring or recreational unit.

9,2720du Section 2720du. 340.01 (29m) (a) of the statutes is amended to read:

340.01 (29m) (a) A bicycle-type vehicle with fully operative pedals for propulsion by human power and an engine certified by the manufacturer at not more than 50 130 cubic centimeters or an equivalent power unit.

9,2720hd Section 2720hd. 340.01 (48r) of the statutes is created to read:

340.01 (48r) "Recreational vehicle" means a mobile home that does not exceed the statutory size under s. 348.07 (2).

9,2720hh Section 2720hh. 340.01 (72) (a) of the statutes is amended to read:

340.01 (72) (a) A person engaged in this state in the business of transporting and delivering motor vehicles, trailers, semitrailers or mobile homes recreational vehicles in tow on their own wheels or under their own power from the manufacturer to the distributor, dealer or branch of the manufacturer, or from the distributor or dealer to another distributor or dealer, the manufacturer or branch of the manufacturer or from the branch of the manufacturer to the distributor, dealer or manufacturer.

9,2720hp Section 2720hp. 341.04 (1) (intro.) of the statutes is amended to read:

341.04 (1) (intro.) It is unlawful for any person to operate or for an owner to consent to being operated on any highway of this state any motor vehicle, mobile home recreational vehicle, trailer or semitrailer or any other vehicle for which a registration fee is specifically prescribed unless at the time of operation the vehicle in question either is registered in this state, or, except for registration under s. 341.30 or 341.305, a complete application for registration, including evidence of any inspection under s. 110.20 when required, accompanied by the required fee has been delivered to the department, submitted to a dealer under s. 341.09 (2m) for transmittal to the department or deposited in the mail properly addressed with postage prepaid and, if the vehicle is an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less, the vehicle displays a temporary operation plate issued for the vehicle unless the operator or owner of the vehicle produces proof that operation of the vehicle is within 2 business days of the vehicle's sale or transfer, or the vehicle in question is exempt from registration.

9,2720hr Section 2720hr. 341.05 (26) of the statutes is created to read:

341.05 (26) (a) Is a mobile home, as defined in s. 101.91 (2e), or a manufactured home, as defined in s. 101.91 (2).

(b) Is a structure that is transportable in one or more sections and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, if the structure's manufacturer voluntarily files a certification required by the secretary of the U.S. department of housing and urban development and complies with regulations established under 42 USC 5401 to 5425.

9,2720ht Section 2720ht. 341.12 (1) of the statutes is amended to read:

341.12 (1) The department upon registering a vehicle pursuant to s. 341.25 or 341.30 shall issue and deliver prepaid to the applicant 2 registration plates for an automobile, motor truck, motor bus, school bus, self-propelled mobile home recreational vehicle or dual purpose motor home and one plate for other vehicles. The department upon registering a vehicle pursuant to any other section shall issue one plate unless the department determines that 2 plates will better serve the interests of law enforcement.

9,2721 Section 2721. 341.135 (1) of the statutes is amended to read:

341.135 (1) Design. The Not later than July 1, 2000, and every 6th year thereafter, the department shall establish new designs of registration plates to be issued under ss. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (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). The 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 6-year design interval. 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 6-year design interval shall be of the design established under this subsection. The department may not redesign registration plates for the special group under s. 341.14 (6r) (f) 53. until January 1, 2005.

9,2722 Section 2722. 341.135 (2) (a) of the statutes is renumbered 341.135 (2) (a) 1. and amended to read:

341.135 (2) (a) 1. Beginning with registrations initially effective on July 1, 2000, upon receipt of a completed application to initially register a vehicle under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), except s. 341.14 (6r) (f) 52. 53., or s. 341.25 (1) (a), (c), (h) and or (j) and or (2) (a), (b) and or (c) or 341.26 (2) and or (3) (a) 1. and or (am), the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1).

(am) Notwithstanding ss. 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) 52. 53., or s. 341.25 (1) (a), (c), (h) and or (j) and or (2) (a), (b) and 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, 2005.

9,2723 Section 2723. 341.135 (2) (a) 2. of the statutes is created to read:

341.135 (2) (a) 2. Notwithstanding s. 341.13 (3), beginning with registrations initially effective on July 1, 2005, 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 6 years, the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established for that 6-year period under sub. (1).

9,2724 Section 2724. 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 ss. s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), 341.25 (1) (a), (c), (h) and or (j) and or (2) (a), (b) and or (c) and or 341.26 (2) and or (3) (a) 1. and or (am) by July 1, 2003 within 5 years after the date specified in sub. (1), except that the department may not issue registration plates of a new design for a vehicle registered under s. 341.14 (6r) (f) 53. until January 1, 2005.