SB77: Bill Text

SB77,1594,20 304.073 (1) (a) "Administrative supervision" has the meaning given in rules promulgated under s. 301.08 (1) (c) 1. a.

SB77, s. 3937 Section 3937. 304.073 (1) (b) of the statutes is amended to read:

SB77,1594,23 304.073 (1) (b) "Minimum supervision" has the meaning given in rules promulgated under s. 301.08 (1) (c) 1. b.

SB77, s. 3938 Section 3938. 304.073 (2) of the statutes is amended to read:

SB77,1595,7 304.073 (2) Beginning on January 1, 1996, the department shall charge a fee to any probationer or, parolee or person on community supervision 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).

SB77, s. 3939 Section 3939. 304.073 (2m) of the statutes is created to read:

SB77,1595,16 304.073 (2m) (a) If a probationer, parolee or person on community supervision who owes unpaid fees to the department under sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer, parolee or person on community supervision that states that he or she owes unpaid fees under sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under s. 304.078 or 973.09 (5).

SB77,1595,23 (b) The department may request the attorney general to bring a civil action to recover unpaid fees owed to the department under sub. (2) by a person who has been discharged from probation or from his or her sentence and who, at the time of discharge, owed the department unpaid fees under sub. (2). Before requesting the attorney general to bring a civil action under this paragraph, the department shall deduct any fees owed to the department that were inaccurately assessed against the person.

SB77, s. 3940 Section 3940. 304.073 (4) of the statutes is created to read:

SB77,1596,4 304.073 (4) The department may decide not to charge a fee under sub. (2) to any probationer, parolee or person on community supervision if the probationer, parolee or person on community supervision demonstrates that he or she is unable to pay the fee because of any of the following:

SB77,1596,6 (a) The probationer, parolee or person on community supervision is undergoing treatment approved by the department and is unable to work.

SB77,1596,10 (b) The probationer, parolee or person on community supervision has a statement from a physician certifying to the department that the probationer, parolee or person on community supervision should be excused from working for medical reasons.

SB77, s. 3941 Section 3941. 304.074 (title) of the statutes is amended to read:

SB77,1596,13 304.074 (title) Reimbursement fee for persons on probation and, parole, and community supervision.

SB77, s. 3942 Section 3942. 304.074 (1) (a) of the statutes is amended to read:

SB77,1596,16 304.074 (1) (a) "Administrative supervision" has the meaning given in rules promulgated under s. 301.08 (1) (c) 1. a.

SB77, s. 3943 Section 3943. 304.074 (1) (b) of the statutes is amended to read:

SB77,1596,19 304.074 (1) (b) "Minimum supervision" has the meaning given in rules promulgated under s. 301.08 (1) (c) 1. b.

SB77, s. 3944 Section 3944. 304.074 (2) of the statutes is amended to read:

SB77,1597,5 304.074 (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 or 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 or person on community supervision 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).

SB77, s. 3945 Section 3945. 304.074 (3) (intro.) of the statutes is amended to read:

SB77,1597,9 304.074 (3) (intro.) 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:

SB77, s. 3946 Section 3946. 304.074 (3) (d) of the statutes is amended to read:

SB77,1597,13 304.074 (3) (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.

SB77, s. 3947 Section 3947. 304.074 (4) of the statutes is amended to read:

SB77,1597,17 304.074 (4) The fee under sub. (2) does not apply to any probationer or, parolee or person on community supervision who is under minimum or administrative supervision.

SB77, s. 3948 Section 3948. 304.074 (4m) of the statutes is created to read:

SB77,1598,2 304.074 (4m) (a) If a probationer, parolee or person on community supervision who owes unpaid fees to the department under sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer, parolee or person on community supervision that states that he or she owes unpaid fees under sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under s. 304.078 or 973.09 (5).

SB77,1598,9 (b) The department may request the attorney general to bring a civil action to recover unpaid fees owed to the department under sub. (2) by a person who has been discharged from probation or from his or her sentence and who, at the time of discharge, owed the department unpaid fees under sub. (2). Before requesting the attorney general to bring a civil action under this paragraph, the department shall deduct any fees owed to the department that were inaccurately assessed against the person.

SB77, s. 3949 Section 3949. 304.075 of the statutes is amended to read:

SB77,1598,22 304.075 (title) Probationer and parolee loan Loan fund for probationers, parolees and persons on community supervision. The department shall create a revolving fund out of any moneys in its hands belonging to probationers and, parolees or 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 or persons on community supervision for whose benefit they are made whenever possible; and any moneys belonging to them so paid into the revolving fund shall be repaid to them in accordance with law, in case a claim therefor is filed with the department upon showing the legal right of the claimant to such money.

SB77, s. 3950 Section 3950. 304.13 (1) (intro.) of the statutes is amended to read:

SB77,1599,3 304.13 (1) (intro.) That it shall be competent for the duly constituted judicial and administrative authorities of a sending state to permit any person convicted of an offense within the sending state and placed on probation or released on community supervision or parole to reside in any receiving state while on probation, community supervision or parole, if:

SB77, s. 3951 Section 3951. 304.13 (2) of the statutes is amended to read:

SB77,1599,9 304.13 (2) That each receiving state will assume the duties of visitation of and supervision over probationers, persons on community supervision or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers, persons on community supervision and parolees.

SB77, s. 3952 Section 3952. 304.13 (3) of the statutes is amended to read:

SB77,1599,24 304.13 (3) That the duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation, community supervision or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation, community supervision or parole shall be conclusive upon and not reviewable within the receiving state; provided, however, that if at the time when a state seeks to retake a probationer , person on community supervision or parolee there should be pending against that person within the receiving state any criminal charge, or that person should be suspected of having committed within such state a criminal offense, that person shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.

SB77, s. 3953 Section 3953. 304.13 (7) of the statutes is amended to read:

SB77,1600,7 304.13 (7) That this compact shall continue in force and remain binding upon such ratifying state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees, persons on community supervision or probationers residing therein at the time of withdrawal or until finally discharged by the sending state. Renunciation of this compact shall be by the same authority which ratified it, by sending 6 months' notice in writing of its intention to withdraw the compact to the other states party thereto.

SB77, s. 3954 Section 3954. 304.13 (8) (b) of the statutes is amended to read:

SB77,1600,11 304.13 (8) (b) "Sending state" means a party to this compact permitting its probationers, persons on community supervision and parolees to reside in a receiving state.

SB77, s. 3955 Section 3955. 304.135 of the statutes is amended to read:

SB77,1601,5 304.135 (title) Out-of-state parolee supervision of parolees and persons on community supervision without compact. The department may permit any person convicted of an offense within this state and placed on probation or released on community supervision or parole to reside in any other state not a party to the compact authorized by s. 304.13 whenever the authorities of the receiving state agree to assume the duties of visitation of and supervision over the probationer, person on community supervision or parolee, governed by the same standards that prevail for its own probationers, persons on community supervision and parolees, on the same terms as are provided in s. 304.13 (1) and (2) in the case of states signatory to the compact. Before permitting any probationer , person on community supervision or parolee to leave this state under this section, the department shall obtain from him or her a signed agreement to return to this state upon demand of the department and an irrevocable waiver of all procedure incidental to extradition. The department may, in like manner, receive for supervision probationers, persons on community supervision and parolees convicted in states not signatory to the compact, and shall have the same custody and control of those persons as it has over probationers, persons on community supervision and parolees of this state.

SB77, s. 3956 Section 3956. 304.137 of the statutes is amended to read:

SB77,1601,16 304.137 Determination concerning submission of human biological specimen. If the department accepts supervision of a probationer , person on community supervision or parolee from another state under s. 304.13 or 304.135, the department shall determine whether the violation of law for which the person is on probation, community 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, community supervision or parole from another state 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 community supervision or parolee to provide a biological specimen under s. 165.76.

SB77, s. 3957 Section 3957. 304.14 of the statutes is amended to read:

SB77,1602,2 304.14 (title) Cooperative return of parole , community supervision and probation violators. The secretary may deputize any person regularly employed by another state to act as an officer and agent of this state in effecting the return of any person who has violated the terms and conditions of parole, community supervision or probation as granted by this state. In any matter relating to the return of such person, any agent so deputized shall have all the powers of a police officer of this state. Any deputization pursuant to this section shall be in writing and any person authorized to act as an agent under this section shall carry formal evidence of the deputization and shall produce the same upon demand.

SB77, s. 3958 Section 3958. 340.01 (56) (a) 4. of the statutes is amended to read:

SB77,1602,6 340.01 (56) (a) 4. Children as defined under s. 115.76 (2) with exceptional educational needs of a type specified under s. 115.76 (3) (a) to (L) to or from an educational program approved by the department of education public instruction.

SB77, s. 3959 Section 3959. 340.01 (58m) of the statutes is created to read:

SB77,1602,11 340.01 (58m) "Snowplow" means a vehicle that is operated by a person employed by or on behalf of an authority in charge of the maintenance of a highway to perform highway winter maintenance snow and ice removal, including plowing, salting and sanding, during either a storm or cleanup following a storm.

SB77, s. 3960 Section 3960. 341.01 (2) of the statutes is renumbered 341.01 (2) (intro.) and amended to read:

SB77,1602,14 341.01 (2) (intro.) In this chapter notwithstanding:

SB77,1602,18 (a) Notwithstanding s. 340.01 (24), "implement of husbandry" means a vehicle or piece of equipment or machinery designed for agricultural purposes, used exclusively in the conduct of agricultural operations and used principally off a highway, or a trailer-mounted bulk liquid fertilizer container.

SB77, s. 3961 Section 3961. 341.01 (2) (b) of the statutes is created to read:

SB77,1602,22 341.01 (2) (b) Notwithstanding s. 340.01 (42), "owner" means, with respect to a vehicle that is leased to a lessee for a period of one year or more, the lessee of the vehicle for purposes of vehicle registration under this chapter.

SB77, s. 3962 Section 3962. 341.04 (1) (a) of the statutes is amended to read:

SB77,1603,2 341.04 (1) (a) A vehicle may be operated by a private person after the date of purchase or commencement of the lease of such vehicle by such private person or after the date such person moved to this state if application for registration, except for registration under s. 341.30 or 341.305, and certificate of title has been made.

SB77, s. 3963 Section 3963. 341.04 (1) (c) of the statutes is created to read:

SB77,1603,9 341.04 (1) (c) Notwithstanding any other provision of this chapter, if a vehicle is owned by a lessor of vehicles and is leased to a lessee for a period of one year or more and the vehicle was registered in the name of the lessor before the effective date of this paragraph .... [revisor inserts date], the department may renew the registration in the name of the lessor in lieu of registration of the vehicle by the lessee. This paragraph does not apply to any subsequent lease of the vehicle by a lessor.

SB77, s. 3964 Section 3964. 341.05 (19) of the statutes is amended to read:

SB77,1603,14 341.05 (19) Is a motor vehicle last previously registered in another jurisdiction or a repaired salvage vehicle operated to or from a location where it is to be inspected as required by ss. 342.06 (1) (g) and s. 342.07, or an unregistered vehicle operated to or from a location where it is to be inspected as required by s. 110.20.

SB77, s. 3965 Section 3965. 341.05 (25) of the statutes is created to read:

SB77,1603,17 341.05 (25) Is a mobile home that exceeds the statutory size under s. 348.07 (2) (c).

SB77, s. 3966 Section 3966. 341.057 of the statutes is amended to read:

SB77,1603,20 341.057 All-terrain vehicles. All-terrain vehicles are not required to be registered under this chapter but shall be registered under s. 23.33 (2) or (2g).

SB77, s. 3967 Section 3967. 341.08 (2) (a) of the statutes is amended to read:

SB77,1603,22 341.08 (2) (a) The full name and residence or business address of the owner.

SB77, s. 3968 Section 3968. 341.08 (2) (am) of the statutes is created to read:

SB77,1604,3 341.08 (2) (am) If the owner under par. (a) is a lessor of vehicles and is leasing the vehicle to a lessee for a period of one year or more, the full name and residence or business address of the lessee.

SB77, s. 3969 Section 3969. 341.08 (2) (b) of the statutes is repealed.

SB77, s. 3970 Section 3970. 341.08 (2) (e) of the statutes is amended to read:

SB77,1604,8 341.08 (2) (e) Such further information as the department may reasonably require to enable it to determine whether the vehicle is by law entitled to registration or to enable it to determine the proper applicant or registration fee for the vehicle.

SB77, s. 3971 Section 3971. 341.08 (4m) of the statutes is amended to read:

SB77,1605,2 341.08 (4m) At least 30 days prior to the expiration of a vehicle's registration, the department shall mail to the last-known address of the registrant or, if the vehicle is subject to a lease agreement, of the lessee designated by the registrant, a notice of the date upon which the registration must be renewed and an application form for renewal of registration. The application form or an accompanying document shall include a list of any unpaid citations for nonmoving traffic violations or any judgments for violation of ch. 110, 194 or 341 to 350, an administrative rule of the department, or an ordinance enacted in accordance with s. 349.06, including parking violations, entered against the registrant which remain unpaid. The list of unpaid citations for nonmoving traffic violations shall be based on information obtained under s. 345.28 (4). The list of unpaid judgments shall be based on information obtained under s. 345.47 (1) (d). If there is a citation for any nonmoving traffic violation entered against the registrant or designated lessee which is unpaid, he or she shall be notified that the vehicle may not be registered until the citation is paid or the registrant or designated lessee appears in court to respond to the citation. If there is a judgment entered against the registrant or designated lessee which is unpaid, he or she shall be notified that the vehicle may not be registered until the judgment is paid.

SB77, s. 3972 Section 3972. 341.09 (2m) (a) of the statutes is amended to read:

SB77,1605,12 341.09 (2m) (a) Upon request by a dealer licensed in this state, the department may issue any number of temporary operation plates to a dealer under sub. (2) at a fee of $3 per plate. The dealer may issue the temporary operation plate at a fee of $3 to any state resident who purchases or leases from the dealer any type of vehicle except buses, for-hire vehicles and vehicles which are subject to registration under the international registration plan if the state is a party to such plan or vehicles which are subject to registration under s. 341.41 (9). The department shall prescribe the manner in which a dealer shall keep records of temporary operation plates issued by the dealer.

SB77, s. 3973 Section 3973. 341.09 (4) of the statutes is amended to read:

SB77,1605,20 341.09 (4) Upon receipt of an application and a fee of $3, the department shall register a vehicle purchased or leased in this state by a nonresident for a period not to exceed 30 days. The department shall determine the size, color, design, form and specifications of a plate issued under this subsection. The plate may be similar or identical to a plate issued under sub. (2). The department may issue the plates to dealers at a fee of $3 per plate in the manner and for the purpose provided in sub. (2m).

SB77, s. 3974 Section 3974. 341.10 (1) of the statutes is amended to read:

SB77,1606,2 341.10 (1) The required state fee and any municipal vehicle registration fee imposed by the town, village or city in which the vehicle is customarily kept has not been paid for the specific vehicle, and the department may refuse registration of a vehicle if such fees for the current period or for any previous period for which payment of a registration fee is required by law have not been paid on any other vehicles owned or leased by the applicant for registration.

SB77, s. 3975 Section 3975. 341.10 (3) of the statutes is amended to read:

SB77,1606,6 341.10 (3) A certificate of title is a prerequisite to registration of the vehicle and, except for an applicant who is the lessee of a vehicle, the applicant does not hold a valid certificate of title and is not entitled to the issuance of a certificate of title.

SB77, s. 3976 Section 3976. 341.10 (3) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB77,1606,12 341.10 (3) A certificate of title is a prerequisite to registration of the vehicle and, except for an applicant who is the lessee of a vehicle, a valid certificate of title has not been issued to the applicant for the vehicle and the applicant is not entitled to the issuance of a certificate of title.

SB77, s. 3977 Section 3977. 341.14 (1q) of the statutes is amended to read:

SB77,1607,6 341.14 (1q) If any employer who provides an automobile or station wagon, or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds, a farm truck which has a gross weight of not more than 12,000 pounds or a motor home, whether owned or leased by the employer, for an employe's use submits to the department a statement once every 4 years, as determined by the department, from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant certified to practice in any state, from a chiropractor licensed to practice chiropractic in any state or from a Christian Science practitioner residing in this state and listed in the Christian Science journal certifying that the employe is a person with a disability that limits or impairs the ability to walk, the department shall issue and deliver to such employer plates of a special design in lieu of the plates which ordinarily would be issued for the vehicle, and shall renew the plates. The plates shall be so designed as to readily apprise law enforcement officers of the fact that the vehicle is operated by a disabled person and is entitled to the parking privileges specified in s. 346.50 (2a). No charge in addition to the registration fee may be made for the issuance or renewal of the plates. The plates shall conform to the plates required in sub. (1a).

SB77, s. 3978 Section 3978. 341.14 (1r) (a) of the statutes is amended to read:

SB77,1607,20 341.14 (1r) (a) If any resident of this state who is registering or has registered an automobile or station wagon, or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds, a farm truck which has a gross weight of not more than 12,000 pounds or a motor home submits a statement once every 4 years, as determined by the department, certifying to the department that the vehicle is leased to a person who qualifies for special plates under sub. (1) or (1a) together with the information required under sub. (1) or (1a), the department shall issue and deliver to the resident, plates of the appropriate special design under sub. (1) or (1a) in lieu of the plates which ordinarily would be issued for the vehicle, and shall renew the plates. No charge in addition to the registration fee shall be made for the issuance or renewal of the plates. No plates may be issued and delivered to a resident under this paragraph after December 31, 1997.