AB133-ASA1-CA1,611,17
16"(b) A local governmental unit may not recover costs in an action under sub. (2)
17from a person listed in par. (a) if any of the following applies:
AB133-ASA1-CA1,611,1918
1. The person is exempt from liability under s. 292.11 (9) (e), 292.13, 292.15,
19292.16, 292.19 or 292.21 with respect to the discharge that is the subject of the action.
AB133-ASA1-CA1,611,2320
2. The person has entered into a consent order under this chapter or ch. 289
21or 291 or an agreement under s. 292.11 (7) (d) or 292.31 (8) (h) with respect to the
22discharge that is the subject of the action and the person is in compliance with the
23consent order or agreement.
AB133-ASA1-CA1,612,2
13. The person is exempt from liability under s. 292.35 (9) (e) with respect to the
2discharge that is the subject of the action.
AB133-ASA1-CA1,612,63
4. The discharge that was caused by the person and that is the subject of the
4action was in compliance with a permit, license, approval, special order, waiver or
5variance issued under ch. 283 or 285 or under corresponding federal statutes or
6regulations.".
AB133-ASA1-CA1,612,9
71398. Page 1296, line 15: after "2." insert "less the amount that the local
8governmental unit is unable to recover because of the exemptions in sub. (3) (b) 3.
9and 4.".
AB133-ASA1-CA1,612,13
111400. Page 1302, line 5: after "received." insert "The amounts collected by the
12department under this subsection shall be deposited in the dry cleaner
13environmental response fund.".
AB133-ASA1-CA1,612,18
17292.70 Indemnification for disposal of polychlorinated biphenyls. (1) 18Definition. In this section, "PCBs" has the meaning given in s. 299.45 (1) (a).
AB133-ASA1-CA1,613,2
19(2) Indemnification agreements concerning disposal of contaminated
20sediments. Subject to sub. (4), the department may enter into an agreement with a
21municipality under which this state agrees to indemnify the municipality and its
22agencies, officials, employes and agents against liability for damage to persons,
23property or the environment resulting from the municipality's acceptance for
1disposal of sediments that are from the Great Lakes basin and are contaminated
2with PCBs, if the sediments are disposed of in a manner approved by the department.
AB133-ASA1-CA1,613,10
3(3) Indemnification agreements concerning treatment of contaminated
4leachate. Subject to sub. (4), the department may enter into an agreement with a
5municipality under which this state agrees to indemnify the municipality and its
6agencies, officials, employes and agents against any liability for damage to persons,
7property or the environment resulting from the municipality's conveyance or
8treatment of leachate that is contaminated with PCBs and that is from a landfill that
9accepts sediments contaminated with PCBs, if the leachate is treated in a manner
10approved by the department.
AB133-ASA1-CA1,613,12
11(4) Requirements. The department may enter into an agreement under sub.
12(2) or (3) only if all of the following apply:
AB133-ASA1-CA1,613,1413
(a) The agreement is approved by the governor, the attorney general, the
14secretary and the governing body of the municipality.
AB133-ASA1-CA1,613,1615
(b) The agreement specifies a method for determining whether the
16municipality is liable for damage described in sub. (2) or (3).
AB133-ASA1-CA1,613,1917
(c) The agreement requires the municipality to notify the department and the
18attorney general when a claim or lawsuit to which the agreement may apply is filed
19against the political subdivision.
AB133-ASA1-CA1,613,2120
(d) The agreement authorizes the attorney general to intervene on behalf of the
21municipality and this state in any lawsuit to which the agreement may apply.
AB133-ASA1-CA1,613,2322
(e) The agreement requires the operator of the solid waste disposal facility or
23wastewater treatment facility to minimize risks related to PCBs.
AB133-ASA1-CA1,614,3
1(f) The agreement authorizes the department to require the operator of the
2solid waste disposal facility or wastewater treatment facility to operate in a manner
3specified by the department in order to minimize risks related to PCBs.
AB133-ASA1-CA1,614,6
4(5) Limitation. The department may include in an agreement under sub. (4)
5a limitation on the amount that this state will pay to a municipality under the
6agreement.
AB133-ASA1-CA1,614,8
7(6) Immunity. This section and any agreement entered into under sub. (3) or
8(4) may not be construed as consent to sue this state.
AB133-ASA1-CA1,614,11
9(7) Review and payment. If a claim is filed under an agreement under sub. (2)
10or (3), the department shall review the claim to determine whether it is valid. A valid
11claim shall be paid from the appropriation under s. 20.370 (2) (fq).".
AB133-ASA1-CA1,614,14
14"(e) To the city of Beloit, $200,000.".
AB133-ASA1-CA1,614,2319
299.07
(1) (a) (intro.)
The Except as provided in par. (am), the department shall
20require each applicant to provide the department with the applicant's social security
21number, if the applicant is an individual, or the applicant's federal employer
22identification number, if the applicant is not an individual, as a condition of issuing
23or renewing any of the following:
AB133-ASA1-CA1,615,7
1299.07
(1) (am) 1. If an individual who applies for the issuance or renewal of
2a license, registration or certification specified in par. (a) does not have a social
3security number, the department shall require the applicant, as a condition of
4issuing or renewing the license, registration or certification, to submit a statement
5made or subscribed under oath or affirmation that the applicant does not have a
6social security number. The statement shall be in the form prescribed by the
7department of workforce development.
AB133-ASA1-CA1,615,98
2. A license, registration or certification specified in par. (a) that is issued in
9reliance on a statement submitted under subd. 1. is invalid if the statement is false.
AB133-ASA1-CA1,615,1411
299.08
(1) (a) (intro.)
The Except as provided in par. (am), the department shall
12require each applicant who is an individual to provide the department with the
13applicant's social security number as a condition of issuing or renewing any of the
14following:
AB133-ASA1-CA1,615,2216
299.08
(1) (am) 1. If an individual who applies for the issuance or renewal of
17a license, registration or certification specified in par. (a) does not have a social
18security number, the department shall require the applicant, as a condition of
19issuing or renewing the license, registration or certification, to submit a statement
20made or subscribed under oath or affirmation that the applicant does not have a
21social security number. The statement shall be in the form prescribed by the
22department of workforce development.
AB133-ASA1-CA1,615,2423
2. A license, registration or certification specified in par. (a) that is issued in
24reliance on a statement submitted under subd. 1. is invalid if the statement is false.".
AB133-ASA1-CA1,616,53
301.01
(2) (b) Any resident of a secured correctional facility,
as defined in s.
4938.02 (15m), or of a secured child caring institution
, as defined in s. 938.02 (15g) or
5a secured group home.
AB133-ASA1-CA1,616,87
301.01
(3k) "Secured child caring institution" has the meaning given in s.
8938.02 (15g).
AB133-ASA1-CA1,616,1110
301.01
(3m) "Secured correctional facility" has the meaning given in s. 938.02
11(15m).
AB133-ASA1-CA1,616,1313
301.01
(3p) "Secured group home" has the meaning given in s. 938.02 (15p).
AB133-ASA1-CA1,616,1715
301.01
(4) "State correctional institution" means a state prison under s. 302.01
16or a secured correctional facility
, as defined in s. 938.02 (15m), other than the
17Mendota Juvenile Treatment Center operated by the department.
AB133-ASA1-CA1,616,22
19301.027 Treatment program at one or more juvenile secured
20correctional institutions facilities. The department shall maintain a
21cottage-based intensive alcohol and other drug abuse program at one or more
22juvenile
secured correctional
institutions facilities.".
AB133-ASA1-CA1,617,3
11408. Page 1314, line 22: after "social security number" insert "or any
2personal identifying information, as defined in s. 943.201 (1) (b), of an individual who
3is not a prisoner".
AB133-ASA1-CA1,617,116
301.03
(10) (d) Administer the office of juvenile offender review in the division
7of juvenile corrections in the department. The office shall be responsible for decisions
8regarding case planning, the release of juvenile offenders from
juvenile secured 9correctional
institutions facilities or secured child caring institutions to aftercare
10placements and the transfer of juveniles to the Racine youthful offender correctional
11facility named in s. 302.01 as provided in s. 938.357 (4) (d).
AB133-ASA1-CA1,617,1513
301.03
(10) (e) Provide educational programs in all secured correctional
14facilities
, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment
15Center operated by the department.
AB133-ASA1-CA1,617,1917
301.03
(10) (f) Provide health services and psychiatric services for residents of
18all secured correctional facilities
, as defined in s. 938.02 (15m), other than the
19Mendota Juvenile Treatment Center operated by the department.".
AB133-ASA1-CA1,618,822
301.08
(1) (b) 3. Contract with public, private or voluntary agencies for the
23supervision, maintenance and operation of secured correctional facilities,
as defined
24in s. 938.02 (15m), child caring institutions, as defined in s. 938.02 (2c), and secured
1child caring institutions
, as defined in s. 938.02 (15g), for the placement of juveniles
2who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183
3or 938.34 (4d), (4h) or (4m). The department may designate a secured correctional
4facility, child caring institution or a secured child caring institution contracted for
5under this subdivision as a Type 2 secured correctional facility, as defined in s. 938.02
6(20), and may designate a child caring institution or secured child caring institution
7contracted for under this subdivision as a Type 2 child caring institution, as defined
8in s. 938.02 (19r).
AB133-ASA1-CA1,618,1610
301.08
(1) (b) 4. Contract with not more than 5 counties or with not more than
115 consortia of counties for the operation of not more than 5 secured group homes for
12the placement of juveniles who have been convicted under s. 938.183 or adjudicated
13delinquent under s. 983.183 or 938.34 (4m). The contract shall specify that the
14county or counties operating a secured group home must comply with all rules of the
15department that are applicable to the treatment of juveniles who are placed in a
16secured correctional facility.".
AB133-ASA1-CA1,619,2
22301.205 Reimbursement to visiting families. The department may
23reimburse families visiting girls at a secured correctional facility
, as defined in s.
24938.02 (15m). If the department decides to provide the reimbursement,
it the
1department shall establish criteria for the level of reimbursement, which shall
2include family income and size and other relevant factors.".
AB133-ASA1-CA1,619,185
301.26
(4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall
6transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations
7under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing
juvenile secured 8correctional
institutions facilities, secured child caring institutions,
as defined in s.
9938.02 (15g), alternate care providers, aftercare supervision providers and corrective
10sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
11care of any juvenile 14 years of age or over who has been placed in a
juvenile secured 12correctional facility based on a delinquent act that is a violation of s. 939.31, 939.32
13(1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10
14(2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b)
15or 948.36 and for the care of any juvenile 10 years of age or over who has been placed
16in a
juvenile secured correctional
institution or a facility or secured child caring
17institution for attempting or committing a violation of s. 940.01 or for committing a
18violation of s. 940.02 or 940.05.
AB133-ASA1-CA1,620,420
301.26
(4) (cm) 2. Notwithstanding pars. (a), (b) and (bm), the department shall
21transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations
22under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing
juvenile secured 23correctional
institutions facilities, secured child caring institutions,
as defined in s.
24938.02 (15g), alternate care providers, aftercare supervision providers and corrective
1sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
2care of any juvenile 14 years of age or over and under 18 years of age who has been
3placed in a
juvenile secured correctional facility under s. 48.366 based on a
4delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).".
AB133-ASA1-CA1,620,97
301.26
(4) (dt)
For Except as provided in pars. (e) to (g), for serious juvenile
8offender services, all uniform fee collections under s. 301.03 (18) shall be credited to
9the appropriation account under s. 20.410 (3) (hm).".
AB133-ASA1-CA1,620,12
11"
Section 2709L. 301.26 (7) (a) 3. of the statutes, as created by 1999 Wisconsin
12Act .... (this act), is amended to read:
AB133-ASA1-CA1,620,1613
301.26
(7) (a) 3. Each county's proportion of the number of juveniles statewide
14who are placed in a
juvenile correctional institution or secured correctional facility, 15a secured child caring institution
, as defined in s. 938.02 (15g), or a secured group
16home during the most recent 3-year period for which that information is available.".
AB133-ASA1-CA1,621,819
301.263
(3) The department shall distribute 33% of the amounts distributed
20under sub. (1) based on each county's proportion of the violent Part I juvenile arrests
21reported statewide under the uniform crime reporting system of the office of justice
22assistance in the department of administration, during the most recent 2-year
23period for which that information is available. The department shall distribute 33%
24of the amounts distributed under sub. (1) based on each county's proportion of the
1number of juveniles statewide who are placed in a
juvenile secured correctional
2institution or facility, a secured child caring institution
, as defined in s. 938.02 (15g), 3or a secured group home during the most recent 2-year period for which that
4information is available. The department shall distribute 34% of the amounts
5distributed under sub. (1) based on each county's proportion of the total Part I
6juvenile arrests reported statewide under the uniform crime reporting system of the
7office of justice assistance, during the most recent 2-year period for which that
8information is available.".
AB133-ASA1-CA1,621,1511
301.36
(1) General authority. The department shall investigate and
12supervise all of the state
correctional institutions
prisons under s. 302.01, all secured
13correctional facilities, all secured child caring institutions, all secured group homes 14and all secure detention facilities and familiarize itself with all of the circumstances
15affecting their management and usefulness.