Amendment ASA1-AB768

AB768-ASA1,355,12 281.58 (3) (b) The department may enter into an agreement with the U.S. environmental protection agency to receive a grant for federal financial hardship assistance under P.L. 104-134, Title III. The agreement may contain any provision required by 40 CFR part 31 or other environmental protection agency regulations that apply to grant recipients.

AB768-ASA1, s. 470 Section 470. 281.58 (6) (b) 5. of the statutes is amended to read:

AB768-ASA1,355,15 281.58 (6) (b) 5. Providing state financial hardship assistance under sub. (13) from the account under s. 25.43 (2) (b).

AB768-ASA1, s. 471 Section 471. 281.58 (6) (b) 5m. of the statutes is created to read:

AB768-ASA1,355,18 281.58 (6) (b) 5m. Providing federal financial hardship assistance grants under sub. (13) from the account under s. 25.43 (2) (ae).

AB768-ASA1, s. 472 Section 472. 281.58 (13) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,355,24 281.58 (13) (b) A municipality with an application that is approved under sub. (9m) is eligible for state financial hardship assistance for the project costs that are eligible under the clean water fund program, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:

AB768-ASA1, s. 473 Section 473. 281.58 (13) (be) of the statutes is created to read:

AB768-ASA1,356,4 281.58 (13) (be) A municipality with an application that is approved under sub. (9m) is eligible for federal financial hardship assistance for the project costs that are eligible under the clean water fund program, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:

AB768-ASA1,356,5 1. The population of the municipality is 3,000 or less.

AB768-ASA1,356,6 2. The municipality is a rural community, as determined by the department.

AB768-ASA1,356,10 3. The municipality lacks centralized wastewater treatment or collection systems or needs improvements to onsite wastewater treatment systems and federal financial hardship assistance will improve public health or reduce an environmental risk.

AB768-ASA1,356,13 4. The per capita annual income of residents to be served by the project does not exceed 80% of national per capita annual income, based on the most recent data available from the U.S. bureau of the census.

AB768-ASA1,356,17 5. On the date that the municipality applies for assistance, the unemployment rate for the county in which the municipality is located exceeds by 1% or more the average yearly national unemployment rate most recently reported by the federal bureau of labor statistics.

AB768-ASA1, s. 474 Section 474. 281.58 (13) (bs) of the statutes is created to read:

AB768-ASA1,356,23 281.58 (13) (bs) If a municipality is eligible for state financial hardship assistance under par. (b) and for federal financial hardship assistance under par. (be), the department may determine whether to provide state financial hardship assistance, federal financial hardship assistance or both for the municipality's project.

AB768-ASA1, s. 475 Section 475. 281.58 (13) (cm) of the statutes is created to read:

AB768-ASA1,357,14 281.58 (13) (cm) The amount and type of assistance to be provided to a municipality that receives state financial hardship assistance shall be determined under rules promulgated by the department. Assistance to be provided to a municipality that receives federal financial hardship assistance shall be in the form of a grant for a portion of the project costs plus a loan at the interest rate under sub. (12) for the type of project being funded. The maximum amount of subsidy that a municipality receiving federal financial hardship assistance may receive is equal to the amount of subsidy that the municipality would have received if it had received state financial hardship assistance. If a municipality receives state financial hardship assistance and federal financial hardship assistance for a project, the total amount of the subsidy for the project may not exceed the amount of subsidy that the municipality would have received if it had received only state financial hardship assistance. Subsection (8) (g) does not apply to the amount of a federal financial hardship assistance grant that a municipality may receive.

AB768-ASA1, s. 476 Section 476. 281.58 (13) (d) of the statutes is amended to read:

AB768-ASA1,357,20 281.58 (13) (d) The department shall establish a financial hardship assistance funding list for each fiscal year that ranks projects of municipalities that are eligible under par. (b) or (be), and that submit complete financial assistance applications under sub. (9) (a) no later than June 30 of the preceding fiscal year, in the same order that they appear on the priority list under sub. (8e).

AB768-ASA1, s. 477 Section 477. 281.58 (13) (e) (intro.) of the statutes is amended to read:

AB768-ASA1,357,24 281.58 (13) (e) (intro.) In Subject to par. (em), in each fiscal year, the department shall allocate financial hardship assistance under this subsection in the following order:

AB768-ASA1, s. 478 Section 478. 281.58 (13) (em) of the statutes is created to read:

AB768-ASA1,358,8 281.58 (13) (em) 1. In a fiscal year, if all available state financial hardship assistance has been allocated under par. (e) and federal financial hardship assistance remains to be allocated, the department may allocate federal financial hardship assistance to projects that are eligible for federal financial hardship assistance under par. (be), but that are lower on the funding list than projects that are eligible only for state financial hardship assistance under par. (b), beginning with the next project on the funding list that is eligible for federal financial hardship assistance.

AB768-ASA1,358,15 2. In a fiscal year, if all available federal financial hardship assistance has been allocated and state financial hardship assistance remains to be allocated, the department may allocate state financial hardship assistance to projects that are eligible for state financial hardship assistance under par. (b), but that are lower on the funding list than projects that are eligible only for federal financial hardship assistance under par. (be), beginning with the next project on the funding list that is eligible for state financial hardship assistance.

AB768-ASA1, s. 479 Section 479. 281.59 (3) (a) 6. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,358,23 281.59 (3) (a) 6. An amount equal to the estimated present value of subsidies for all clean water fund program loans and grants expected to be made for the wastewater treatment projects listed in the biennial needs list under s. 281.58 (3m), except for federal financial hardship assistance grants under s. 281.58 (13), discounted at a rate of 7% per year to the first day of the biennium for which the biennial finance plan is prepared.

AB768-ASA1, s. 480 Section 480. 281.59 (3e) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,359,4 281.59 (3e) (a) 1. An amount of present value of the subsidy for the clean water fund program, except for federal financial hardship assistance grants under s. 281.58 (13), that is specified for that biennium under par. (b) and is based on the amount included in the biennial finance plan under sub. (3) (a) 6.

AB768-ASA1, s. 481 Section 481. 281.59 (3e) (e) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,359,12 281.59 (3e) (e) The department may expend, for financial hardship assistance , other than federal financial hardship assistance grants under s. 281.58 (13) (be), in a biennium under s. 281.58 (13) (e), an amount up to 15% of the amount approved by the legislature under par. (b) for that biennium. The department may expend such amount only from the percentage of the amount approved by the legislature under par. (b) that is not available under par. (d) for financial assistance.

AB768-ASA1, s. 481e Section 481e. 281.60 (5) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,359,23 281.60 (5) Application. After submitting a notice of intent to apply under sub. (3) (a) or obtaining a waiver under sub. (3) (b), an eligible applicant shall submit an application for land recycling loan program financial assistance to the department. The eligible applicant shall submit the application before the April 30 preceding the beginning of the fiscal year in which the eligible applicant is requesting to receive the financial assistance date established by the department by rule. The application shall be in the form and include the information required by the department and the department of administration. An eligible applicant may not submit more than one application per project per year.

AB768-ASA1, s. 481f Section 481f. 281.60 (8) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,360,7 281.60 (8) (a) (intro.) The department shall establish a funding list for each fiscal year that ranks projects of eligible applicants that submit approvable applications under sub. (5) before the April 30 preceding the beginning of the fiscal year in the same order that they appear on the priority list under sub. (6). If sufficient funds are not available to fund all approved applications for financial assistance, the department of administration shall allocate funding to projects that are approved under sub. (7) in the order that they appear on the funding list, except as follows:

AB768-ASA1, s. 481g Section 481g. 281.60 (10) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,360,13 281.60 (10) Deadline for closing. If funding is allocated to a project under sub. (8) for a loan and the loan is not closed before April 30 of the year following the year in within 12 months after the date on which funding is allocated, the department of administration shall release the funding allocated to the project.

AB768-ASA1, s. 481m Section 481m. 281.65 (8b) of the statutes is created to read:

AB768-ASA1,360,21 281.65 (8b) Beginning in 1999, if the department establishes an anticipated cost-share reimbursement amount for a year for a county that receives funding under this section and the county enters into cost-share agreements with landowners or operators that result in reimbursable amounts for the year that exceed the amount established by the department, the county shall provide reimbursement to the landowners or operators in the amount by which the reimbursable amounts exceed the amount established by the department.

AB768-ASA1, s. 482 Section 482. 281.99 (2) (a) 1. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,361,3 281.99 (2) (a) 1. For water systems that serve a population of more than 10,000 persons, not less than $10 and not nor more than $1,000 for each day of each violation, but not more than $25,000 per violation in one order.

AB768-ASA1, s. 484 Section 484. 292.15 (2) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,361,11 292.15 (2) (a) (intro.) Except as provided in sub. (6) or (7), a voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to the existence of a hazardous substance on the property, if all of the following occur at any time before or after the date of acquisition:

AB768-ASA1, s. 485 Section 485. 292.15 (4) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,361,19 292.15 (4) Limited responsibility. (intro.) The responsibility of a voluntary party under sub. (2) (a) 2. may be monetarily limited by agreement between the voluntary party and the department if the voluntary party purchased the property from a municipality local governmental unit that acquired the property in a way described in s. 292.11 (9) (e) 1m. a. or, b., c. or d. The agreement shall stipulate all of the following:

AB768-ASA1, s. 486 Section 486. 292.15 (7) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,361,25 292.15 (7) (c) Any hazardous waste disposal facility that has been issued a license under s. 144.441 (2), 1995 stats., or s. 289.41 (1m), or rules promulgated under those sections, for a period of long-term care following closure of the facility if the license was issued on or before October 14, 1997.

AB768-ASA1, s. 486p Section 486p. 292.55 (2) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,362,8 292.55 (2) The department may assess and collect fees from a person to offset the costs of providing assistance under sub. (1), except that the department may not assess or collect a fee for providing assistance related to s. 101.143. The department shall promulgate rules for the assessment and collection of fees under this subsection. Fees collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (dh).

AB768-ASA1, s. 487 Section 487. 292.66 (5) of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

AB768-ASA1, s. 489 Section 489. 299.07 of the statutes is created to read:

AB768-ASA1,362,16 299.07 License denial, nonrenewal and revocation based on tax delinquency. (1) (a) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

AB768-ASA1,362,17 1. A registration under s. 280.15.

AB768-ASA1,362,18 2. A certification under s. 281.17 (3).

AB768-ASA1,362,19 3. A license or certification under s. 281.48 (3).

AB768-ASA1,362,20 4. A certification under s. 285.51 (2).

AB768-ASA1,362,21 4m. A certification under s. 285.59 (5).

AB768-ASA1,362,22 5. A certification under s. 289.42 (1).

AB768-ASA1,362,23 6. A license under s. 291.23.

AB768-ASA1,362,24 7. A license under s. 293.21.

AB768-ASA1,362,25 8. A license under s. 293.25 (2).

AB768-ASA1,363,1 10. A license under s. 295.33.

AB768-ASA1,363,2 11. A certification or registration under s. 299.11.

AB768-ASA1,363,3 12. A license under s. 299.51 (3) (c).

AB768-ASA1,363,5 (b) The department may not disclose any information received under par. (a) to any person except as follows:

AB768-ASA1,363,7 1. To the department of revenue for the purpose of requesting certifications under s. 73.0301.

AB768-ASA1,363,10 2. If the department is required to obtain the information under s. 299.08 (1) (a), to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB768-ASA1,363,15 (2) The department shall deny an application for the issuance or renewal of a license, registration or certification specified in sub. (1) (a), or shall revoke a license, registration or certification specified in sub. (1) (a), if the department of revenue certifies under s. 73.0301 that the applicant or holder of the license, registration or certification is liable for delinquent taxes.

AB768-ASA1, s. 489c Section 489c. 299.08 (1) (b) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,363,19 299.08 (1) (b) The department may not disclose any information received under par. (a) to any person except as follows:

AB768-ASA1,363,21 1. To the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB768-ASA1,363,24 2. If the department is required to obtain the information under s. 299.07 (1) (a), to the department of revenue for the purpose of requesting certifications under s. 73.0301.

AB768-ASA1, s. 490 Section 490. 301.03 (14) of the statutes is created to read:

AB768-ASA1,364,6 301.03 (14) Upon request of the department of revenue, disclose information to the department of revenue concerning a prisoner, probationer or parolee or a person registered under s. 301.45 for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.

AB768-ASA1, s. 491 Section 491. 301.03 (18) of the statutes is created to read:

AB768-ASA1,364,15 301.03 (18) (a) Except as provided in s. 301.12 (14) (b) and (c), establish a uniform system of fees for juvenile delinquency-related services provided or purchased by the department or a county department under s. 46.215, 46.22 or 46.23, except for services provided to courts; outreach, information and referral services; or when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22 or 46.23 shall apply the fees that it collects under this program to cover the cost of those services.

AB768-ASA1,364,23 (b) Except as provided in s. 301.12 (14) (b) and (c), hold liable for the services provided or purchased under par. (a) in the amount of the fee established under par. (a) any person receiving those services or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption.

AB768-ASA1,365,3 (c) Make collections from the person who in the opinion of the department is best able to pay, giving due regard to the present needs of the person or of his or her lawful dependents. The department may bring action in the name of the department to enforce the liability established under par. (b). This paragraph does not apply to the recovery of fees for the care and services specified under s. 301.12.

AB768-ASA1,365,8 (d) Compromise or waive all or part of the liability for services received as the department considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate. The sworn statement of the collection and deportation counsel appointed under s. 301.12 (7) or the secretary, shall be evidence of the services provided and the fees charged for those services.

AB768-ASA1,365,12 (e) Delegate to county departments under s. 46.215, 46.22 or 46.23 and other providers of care and services the powers and duties vested in the department by pars. (c) and (d) as the department considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate.

AB768-ASA1,365,15 (g) Return to county departments under s. 46.215, 46.22 or 46.23 50% of collections made by the department for delinquent accounts previously delegated under par. (e) and then referred back to the department for collections.

AB768-ASA1, s. 493 Section 493. 301.08 (2) (d) 5. of the statutes is amended to read:

AB768-ASA1,365,20 301.08 (2) (d) 5. Charge a uniform schedule of fees established under s. 46.03 301.03 (18) unless waived by the purchaser with approval of the department. Whenever providers recover funds attributed to the client, the funds shall offset the amount paid under the contract.

AB768-ASA1, s. 494 Section 494. 301.12 of the statutes is repealed and recreated to read:

AB768-ASA1,366,2 301.12 Cost of care and maintenance, liability; collection and deportation counsel; collections; court actions; recovery. (1) Liability and the collection and enforcement of such liability for the care, maintenance, services and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) or ch. 767.

AB768-ASA1,366,23 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person placed under s. 48.366, 938.183, 938.34 (4h) or (4m) or 938.357 (4) or (5) (e), receiving care, maintenance, services and supplies provided by any institution in this state operated or contracted for by the department, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 301.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt of the notice is not a condition of liability.

AB768-ASA1,367,3 (2m) The liability specified in sub. (2) shall not apply to persons 17 and older receiving care, maintenance, services and supplies provided by prisons named in s. 302.01.

AB768-ASA1,367,9 (3) After investigation of the liable persons' ability to pay, the department shall make collection from the person who in the opinion of the department under all of the circumstances is best able to pay, giving due regard to relationship and the present needs of the person or of the lawful dependents. However, the liability of relatives for maintenance shall be in the following order: first, the spouse of the resident; then, in the case of a minor, the parent or parents.

AB768-ASA1,367,15 (4) (a) If a person liable under sub. (2) fails to make payment or enter into or comply with an agreement for payment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order.