Amendment ASA-AB150

AB150-ASA,1968,4 303.01 (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-ASA, s. 6391 Section 6391. 303.015 (1) (c) of the statutes is amended to read:

AB150-ASA,1968,11 303.015 (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-ASA, s. 6393 Section 6393. 303.06 (1) of the statutes is amended to read:

AB150-ASA,1968,16 303.06 (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-ASA, s. 6394 Section 6394. 303.06 (2) of the statutes is amended to read:

AB150-ASA,1968,25 303.06 (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-ASA, s. 6395 Section 6395. 303.06 (3) of the statutes is created to read:

AB150-ASA,1969,4 303.06 (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-ASA, s. 6398m Section 6398m. 303.065 (5) (dm) of the statutes is created to read:

AB150-ASA,1969,7 303.065 (5) (dm) Payment for legal representation under s. 977.07 (2) or 977.075;

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

AB150-ASA,1969,10 303.065 (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-ASA, s. 6398r Section 6398r. 303.065 (7) of the statutes is created to read:

AB150-ASA,1969,14 303.065 (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-ASA, s. 6399 Section 6399. 303.066 of the statutes is created to read:

AB150-ASA,1969,17 303.066 Wisconsin conservation corps projects. The department may sponsor Wisconsin conservation corps projects under s. 16.20 (8g).

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

AB150-ASA,1969,21 303.066 Wisconsin conservation corps projects. The department may sponsor Wisconsin conservation corps projects under s. 16.20 106.215 (8g).

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

AB150-ASA,1970,4 303.21 (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-ASA, 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-ASA,1970,15 303.21 (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-ASA, s. 6402 Section 6402. 303.215 of the statutes is amended to read:

AB150-ASA,1971,2 303.215 (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-ASA, s. 6403 Section 6403. 303.22 of the statutes is amended to read:

AB150-ASA,1971,7 303.22 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-ASA, s. 6405 Section 6405. 304.06 (1) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150-ASA,1971,25 304.06 (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-ASA, 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-ASA,1972,18 304.06 (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-ASA, s. 6406 Section 6406. 304.07 of the statutes, as affected by 1993 Wisconsin Act 385, is renumbered 48.535.

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

AB150-ASA,1972,22 304.073 Administrative and minimum supervision. (1) In this section:

AB150-ASA,1972,24 (a) "Administrative supervision" has the meaning given in s. 301.08 (1) (c) 1. a.

AB150-ASA,1972,25 (b) "Minimum supervision" has the meaning given in s. 301.08 (1) (c) 1. b.

AB150-ASA,1973,7 (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-ASA,1973,9 (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-ASA, s. 6408 Section 6408. 304.074 of the statutes is created to read:

AB150-ASA,1973,11 304.074 Probationer and parolee reimbursement fee. (1) In this section:

AB150-ASA,1973,13 (a) "Administrative supervision" has the meaning given in s. 301.08 (1) (c) 1. a.

AB150-ASA,1973,14 (b) "Minimum supervision" has the meaning given in s. 301.08 (1) (c) 1. b.

AB150-ASA,1973,22 (2) Beginning on January 1, 1996, the department shall charge a fee to probationers and parolees to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for probationers and parolees based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each probationer and parolee. The department shall not charge a fee while the probationer or parolee is 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-ASA,1973,24 (3) The department may decide not to charge a fee under sub. (2) to any probationer or parolee while he or she meets any of the following conditions:

AB150-ASA,1973,25 (a) Is unemployed.

AB150-ASA,1974,1 (b) Is pursuing a full-time course of instruction approved by the department.

AB150-ASA,1974,2 (c) Is undergoing treatment approved by the department and is unable to work.

AB150-ASA,1974,4 (d) Has a statement from a physician certifying to the department that the probationer or parolee should be excused from working for medical reasons.

AB150-ASA,1974,6 (4) The fee under sub. (2) does not apply to any probationer or parolee who is under minimum or administrative supervision.

AB150-ASA,1974,8 (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-ASA, s. 6409m Section 6409m. 340.01 (56) (a) (intro.) of the statutes is amended to read:

AB150-ASA,1974,12 340.01 (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-ASA, s. 6411b Section 6411b. 342.14 (1m) of the statutes is repealed.

AB150-ASA, s. 6412b Section 6412b. 343.10 (6) of the statutes is amended to read:

AB150-ASA,1974,23 343.10 (6) Fee. No person may file a petition for an occupational license unless he or she first pays a fee of $40 to the clerk of the circuit court if the petition is to a judge of the circuit court, to the municipal court if the petition is to a judge of the municipal court or to the department if the petition is to the department under sub. (10). The clerk of the circuit court or the municipal court official shall give the person a receipt and forward the fee to the county or municipal treasurer, respectively. That treasurer shall pay 50% of the fee to the state treasurer secretary of administration under s. 59.20 (8r) and retain the balance for the use of the county or municipality, respectively. The department shall give the person a receipt.

AB150-ASA, s. 6412c Section 6412c. 343.15 (2) (a) of the statutes is amended to read:

AB150-ASA,1975,2 343.15 (2) (a) In this subsection, "custody" does not mean joint legal custody as defined in s. 767.001 (1) (1m).

AB150-ASA, s. 6412d Section 6412d. 344.185 (2) (e) 2. of the statutes is amended to read:

AB150-ASA,1975,8 344.185 (2) (e) 2. All other proceeds of the sale remaining after the payments under subd. 1. shall be retained by the secretary and applied as security for payment of judgments and assignments as provided under s. 344.20 (2). Any amounts not used to pay judgments or assignments shall be transmitted to the state treasurer secretary of administration for deposit in the school fund.

AB150-ASA, s. 6412e Section 6412e. 344.576 (3) (a) 5. of the statutes is amended to read:

AB150-ASA,1975,12 344.576 (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.

AB150-ASA, s. 6412m Section 6412m. 344.576 (3) (c) of the statutes is amended to read:

AB150-ASA,1975,18 344.576 (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.

AB150-ASA, s. 6412s Section 6412s. 344.579 (2) (intro.) of the statutes is amended to read:

AB150-ASA,1975,23 344.579 (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:

AB150-ASA, s. 6413m Section 6413m. 345.08 of the statutes is amended to read:

AB150-ASA,1976,14 345.08 Suit to recover protested tax or fee. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied or the fees imposed or enacted in chs. 341 to 349.The aggrieved taxpayer shall pay the tax or fee as and when due and, if paid under protest, may at any time within 90 days from the date of such payment sue the state in an action at law to recover the tax or fee so paid. If it is finally determined that such tax or fee or any part thereof was wrongfully collected for any reason, the department secretary of administration shall issue a warrant on the state treasurer for pay out of the transportation fund the amount of such tax or fee so adjudged to have been wrongfully collected and the state treasurer shall pay the same out of the transportation fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as were made within the 90-day period preceding the commencement of the action. Such suits shall be commenced as provided in s. 775.01.

AB150-ASA, s. 6415 Section 6415. 346.503 (1m) (g) of the statutes is amended to read:

AB150-ASA,1976,19 346.503 (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.

AB150-ASA, s. 6416 Section 6416. 346.503 (4) of the statutes is amended to read:

AB150-ASA,1976,24 346.503 (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).

AB150-ASA, s. 6416c Section 6416c. 346.655 (1) of the statutes is amended to read:

AB150-ASA,1977,5 346.655 (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.

AB150-ASA, s. 6416d Section 6416d. 346.655 (2) (a) of the statutes is amended to read:

AB150-ASA,1977,10 346.655 (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).

AB150-ASA, s. 6416e Section 6416e. 346.655 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,1977,16 346.655 (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 29.2% of the amount to the state treasurer secretary of administration as provided in s. 59.20 (5) (b).

AB150-ASA, s. 6416m Section 6416m. 346.655 (2) (b) of the statutes is amended to read:

AB150-ASA,1977,23 346.655 (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% of the amount to the state treasurer secretary of administration as provided in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit the remaining 85% of the amount to the treasurer of the county.

AB150-ASA, s. 6416s Section 6416s. 346.655 (3) of the statutes is amended to read:

AB150-ASA,1978,6 346.655 (3) All moneys collected from the driver improvement surcharge that are transmitted to the county treasurer under sub. (2) (a) or (b), except the amounts that the county treasurer is required to transmit to the state treasurer secretary of administration under sub. (2) (a) or (b), shall be retained by the county treasurer and disbursed to the county department under s. 51.42 for services under s. 51.42 for drivers referred through assessment.

AB150-ASA, s. 6416v Section 6416v. 347.40 (2) of the statutes is amended to read:

AB150-ASA,1978,12 347.40 (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.