Amendment SSA1-AB133

AB133-SSA1,1308,5 292.99 (1) Any Except as provided under sub. (1m), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.

AB133-SSA1, s. 2651 Section 2651. 292.99 (1m) of the statutes is created to read:

AB133-SSA1,1308,8 292.99 (1m) Any person who violates s. 292.65 (12m) or 292.66 (5) shall forfeit not less than $10 nor more than $10,000.

AB133-SSA1, s. 2652 Section 2652. 292.99 (2) of the statutes is amended to read:

AB133-SSA1,1308,18 292.99 (2) In addition to the penalties provided under sub. subs. (1) and (1m), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

AB133-SSA1, s. 2652j Section 2652j. 293.41 (2) (g) of the statutes is amended to read:

AB133-SSA1,1308,23 293.41 (2) (g) A provision for the amendment of the agreement. The agreement shall provide that the agreement is subject to amendment at the request of either party if additional information relevant to the issues addressed in the agreement is obtained after the agreement takes effect but before the hearing under s. 293.43.

AB133-SSA1, s. 2652k Section 2652k. 293.41 (6) of the statutes is created to read:

AB133-SSA1,1309,8 293.41 (6) If an agreement takes effect before the effective date of this subsection .... [revisor inserts date], with respect to a mining permit application for which the department has not issued or denied a mining permit on the effective date of this subsection .... [revisor inserts date], the county, town, village, city or tribal government that entered into the agreement may request the operator to engage in negotiations regarding an amendment to the agreement based on additional information that is relevant to the issues addressed in the agreement and that is first obtained after the agreement takes effect but before the hearing under s. 293.43.

AB133-SSA1, s. 2652L Section 2652L. 293.49 (2) (g) of the statutes is created to read:

AB133-SSA1,1309,11 293.49 (2) (g) That the applicant failed to negotiate with a county, town, village, city or tribal government under s. 293.41 (6).

AB133-SSA1, s. 2653 Section 2653. 295.11 (10) of the statutes is amended to read:

AB133-SSA1,1309,22 295.11 (10) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3) (1).

AB133-SSA1, s. 2653d Section 2653d. 295.16 (1) (c) of the statutes is created to read:

AB133-SSA1,1310,7 295.16 (1) (c) The requirements for a nonmetallic mining reclamation plan under s. 295.12 (3) (c), for public notice and an opportunity for a public informational hearing under s. 295.12 (3) (d) and for proof of financial responsibility under s. 295.12 (3) (ds) do not apply to nonmetallic mining to obtain stone, soil, sand or gravel for the construction, maintenance or repair of a highway, railroad, airport facility, or any other transportation facility, conducted under contract with a municipality, as defined in s. 299.01 (8), if the contract requires the nonmetallic mining site to be reclaimed in accordance with the requirements of the department of transportation concerning the restoration of nonmetallic mining sites.

AB133-SSA1, s. 2670 Section 2670. 299.13 (title) of the statutes is amended to read:

AB133-SSA1,1310,9 299.13 (title) Hazardous pollution Pollution prevention.

AB133-SSA1, s. 2671 Section 2671. 299.13 (1) (be) of the statutes is created to read:

AB133-SSA1,1310,12 299.13 (1) (be) "Center" means the solid and hazardous waste education center under s. 36.25 (30).

AB133-SSA1, s. 2672 Section 2672. 299.13 (1) (c) of the statutes is repealed.

AB133-SSA1, s. 2673 Section 2673. 299.13 (1) (dm) of the statutes is created to read:

AB133-SSA1,1310,16 299.13 (1) (dm) 1. "Pollution prevention" means an action that does any of the following:

AB133-SSA1,1310,17 a. Prevents waste from being created.

AB133-SSA1,1310,18 b. Reduces the amount of waste that is created.

AB133-SSA1,1310,20 c. Changes the nature of waste being created in a way that reduces the hazards to public health or the environment posed by the waste.

AB133-SSA1,1310,24 2. "Pollution prevention" does not include incineration, recycling or treatment of a waste, changes in the manner of disposal of a waste or any practice that changes the characteristics or volume of a waste if the practice is not part of the process that produces a product or provides a service.

AB133-SSA1, s. 2674 Section 2674. 299.13 (1) (e) of the statutes is repealed.

AB133-SSA1, s. 2675 Section 2675. 299.13 (1m) (intro.) of the statutes is amended to read:

AB133-SSA1,1311,5 299.13 (1m) Promotion of hazardous pollution prevention. (intro.) In carrying out the duties under this section and ss. 36.25 (30) and 560.19, the department, the department of commerce and the program center shall promote all of the following techniques for hazardous pollution prevention:

AB133-SSA1, s. 2676 Section 2676. 299.13 (1m) (f) of the statutes is created to read:

AB133-SSA1,1311,7 299.13 (1m) (f) Reducing energy use.

AB133-SSA1, s. 2677 Section 2677. 299.13 (1m) (g) of the statutes is created to read:

AB133-SSA1,1311,9 299.13 (1m) (g) Training employes to minimize waste.

AB133-SSA1, s. 2678 Section 2678. 299.13 (2) (a) of the statutes is amended to read:

AB133-SSA1,1311,12 299.13 (2) (a) Designate an employe of the department to serve as hazardous pollution prevention coordinator and to do all of the following:

AB133-SSA1,1311,18 2. Recommend educational priorities to the university of Wisconsin-extension for the program center, considering volume and toxicity of hazardous substances, toxic pollutants and hazardous waste produced, lack of compliance with environmental standards, potential for hazardous pollution prevention and projected shortfalls in hazardous waste treatment or disposal facilities under the capacity assurance plan.

AB133-SSA1,1311,20 3. Coordinate the department's hazardous pollution prevention efforts with those of other governmental agencies and private groups.

AB133-SSA1,1311,22 4. Provide training concerning hazardous pollution prevention to employes of the department.

AB133-SSA1, s. 2679 Section 2679. 299.13 (2) (b) of the statutes is amended to read:

AB133-SSA1,1312,3 299.13 (2) (b) Identify all department requirements for reporting on hazardous pollution prevention and, to the extent possible and practical, standardize, coordinate and consolidate the reporting in order to minimize duplication and provide useful information on hazardous pollution prevention to the legislature and the public.

AB133-SSA1, s. 2680 Section 2680. 299.13 (2) (d) of the statutes is amended to read:

AB133-SSA1,1312,5 299.13 (2) (d) Seek federal funding to promote hazardous pollution prevention.

AB133-SSA1, s. 2680v Section 2680v. 299.15 (3) (cm) 1. of the statutes is created to read:

AB133-SSA1,1312,8 299.15 (3) (cm) 1. In fiscal year 1999-2000, the department may not charge total fees under par. (am) that exceed $7,450,000.

AB133-SSA1, s. 2681 Section 2681. 299.15 (3) (cm) 2. of the statutes is amended to read:

AB133-SSA1,1312,11 299.15 (3) (cm) 2. In any fiscal year after fiscal year 1999-2000, the department may not charge total fees under par. (am) that exceed $7,450,000 $7,925,000.

AB133-SSA1, s. 2681e Section 2681e. 299.15 (3) (e) of the statutes is created to read:

AB133-SSA1,1312,15 299.15 (3) (e) In the rules under par. (am) 3. for fees required to be paid in fiscal years beginning with fiscal year 2000-01, the department shall do all of the following:

AB133-SSA1,1312,17 1. Use the fees paid by a person in fiscal year 1999-2000 as the basis for the person's fees.

AB133-SSA1,1312,19 2. Determine the fee for each person based on the number of units of pollutants discharged by the person, using a 5-year rolling average.

AB133-SSA1,1312,24 3. Use a performance-based approach that increases a person's fees in proportion to increases in the number of units of pollutants discharged by the person, as determined under subd. 2., and decreases a person's fees in proportion to decreases in the number of units of pollutants discharged by the person, as determined under subd. 2.

AB133-SSA1,1313,2 4. Omit any multiplier or similar mechanism that would increase a person's fees in order to compensate for decreases in overall amounts of discharges.

AB133-SSA1,1313,4 5. Omit any provision that would increase the fee per unit of pollutant discharged in order to compensate for decreases in overall amounts of discharges.

AB133-SSA1, s. 2681k Section 2681k. 299.47 of the statutes is created to read:

AB133-SSA1,1313,6 299.47 Sale and delivery of dry cleaning solvent. (1) In this section:

AB133-SSA1,1313,7 (a) "Dry cleaning facility" has the meaning given in s. 292.65 (1) (d).

AB133-SSA1,1313,8 (b) "Dry cleaning solvent" has the meaning given in s. 292.65 (1) (e).

AB133-SSA1,1313,11 (c) "Owner" means a person who owns, or has possession or control of, a dry cleaning facility, or who receives direct or indirect consideration from the operation of a dry cleaning facility.

AB133-SSA1,1313,14 (2) A supplier of dry cleaning solvent may not sell or deliver to the owner or operator of a dry cleaning facility any dry cleaning solvent unless the dry cleaning facility is licensed under s. 77.9961 (2).

AB133-SSA1,1313,16 (3) Any person who violates sub. (2) may be required to forfeit not more than $500 for each violation.

AB133-SSA1, s. 2682 Section 2682. 299.95 of the statutes is amended to read:

AB133-SSA1,1314,7 299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss. 281.48, 285.57, 285.59 and 299.64, and all rules, special orders, licenses, plan approvals and permits of the department, except those promulgated or issued under ss. 281.48, 285.57, 285.59 and 299.64 and except as provided in s. 285.86. The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval or permit by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval or permit prohibits in whole or in part any pollution, a violation is considered a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

AB133-SSA1, s. 2682m Section 2682m. 299.97 (1) of the statutes is amended to read:

AB133-SSA1,1314,14 299.97 (1) Any person who violates this chapter, except s. 299.15 (1), 299.47 (2), 299.51 (4) (b), 299.53 (2) (a) or (3), 299.62 (2) or 299.64 (2), or any rule promulgated or any plan approval, license or special order issued under this chapter, except under those sections, shall forfeit not less than $10 nor more than $5,000, for each violation. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty does not accrue.

AB133-SSA1, s. 2689 Section 2689. 301.029 of the statutes is created to read:

AB133-SSA1,1314,18 301.029 Contracts requiring prisoner access to personal information. (1) In this section, "financial transaction card" has the meaning given in s. 943.41 (1) (em).

AB133-SSA1,1314,22 (2) (a) The department may not enter into any contract or other agreement if, in the performance of the contract or agreement, a prisoner would perform data entry or telemarketing services and have access to an individual's financial transaction card numbers, checking or savings account numbers or social security number.

AB133-SSA1,1315,2 (b) The department may not enter into any contract or other agreement if, in the performance of the contract or agreement, a prisoner would perform data entry services or telemarketing services and have access to any information that may serve to identify a minor.

AB133-SSA1, s. 2689m Section 2689m. 301.03 (3c) of the statutes is amended to read:

AB133-SSA1,1315,8 301.03 (3c) If requested by the department of health and family services, contract with that department to supervise and provide services to persons who are conditionally transferred or discharged under s. 51.37 (9), conditionally released under s. 971.17 (3) or placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08.

AB133-SSA1, s. 2692e Section 2692e. 301.048 (2) of the statutes is renumbered 301.048 (2) (am), and 301.048 (2) (am) (intro.) and 2., as renumbered, are amended to read:

AB133-SSA1,1315,13 301.048 (2) (am) (intro.) A Except as provided in par. (bm), a person enters the intensive sanctions program only if he or she has been convicted of a felony and only under one of the following circumstances:

AB133-SSA1,1315,17 2. He or she is a prisoner serving a felony sentence not punishable by life imprisonment and the department directs him or her to participate in the program. This paragraph subdivision does not apply to a prisoner serving a bifurcated sentence imposed under s. 973.01.

AB133-SSA1, s. 2692m Section 2692m. 301.048 (2) (bm) of the statutes is created to read:

AB133-SSA1,1315,19 301.048 (2) (bm) 1. In this paragraph, "violent offense" means:

AB133-SSA1,1316,2 a. A crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (3), (4) or (5), 940.195 (3), (4) or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08 or 948.30.

AB133-SSA1,1316,5 b. A crime under federal law, the law of any other state or, prior to the effective date of this subdivision 1. b. .... [revisor inserts date], the law of this state that is comparable to a crime specified in subd. 1. a.

AB133-SSA1,1316,8 2. A person who has at any time been convicted, adjudicated delinquent or found not guilty or not responsible by reason of insanity or mental disease, defect or illness of or for a violent offense is not eligible for the intensive sanctions program.

AB133-SSA1, s. 2692s Section 2692s. 301.048 (4) (a) of the statutes is amended to read:

AB133-SSA1,1316,18 301.048 (4) (a) A participant is in the custody and under the control of the department, subject to its rules and discipline. A participant entering the program under sub. (2) (a) or (b) (am) 1. or 2. is a prisoner. A participant entering the program under sub. (2) (c) (am) 3. is a prisoner, except that he or she is a parolee for purposes of revocation. A participant entering the program under sub. (2) (cm) (am) 3m. is a prisoner, except that he or she remains a person on extended supervision for purposes of revocation. A participant entering the program under sub. (2) (d) (am) 4. is a prisoner, except that he or she remains a probationer, parolee or person on extended supervision, whichever is applicable, for purposes of revocation.

AB133-SSA1, s. 2695m Section 2695m. 301.16 (1q) of the statutes is created to read:

AB133-SSA1,1316,23 301.16 (1q) The department shall establish probation and parole holding facilities, one of which shall be the probation and parole holding and alcohol and other drug abuse treatment facility in the city of Milwaukee, as enumerated in 1997 Wisconsin Act 27, section 9107 (1) (b) 1.

AB133-SSA1, s. 2698g Section 2698g. 301.16 (1v) of the statutes is created to read:

AB133-SSA1,1317,2 301.16 (1v) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution in Chippewa Falls.

AB133-SSA1, s. 2698m Section 2698m. 301.18 (1) (c) of the statutes is created to read:

AB133-SSA1,1317,7 301.18 (1) (c) Provide the facilities necessary for the correctional institution under s. 301.16 (1v) using the Highview building located at the Northern Wisconsin Center for the Developmentally Disabled and converted to a correctional facility under 1999 Wisconsin Act .... (this act), section 9107 (1) (b) 1.

AB133-SSA1, s. 2698s Section 2698s. 301.18 (1g) of the statutes is created to read:

AB133-SSA1,1317,10 301.18 (1g) The department of administration may acquire or lease correctional facilities under 1999 Wisconsin Act .... (this act), section 9111(4xt) (b).

AB133-SSA1, s. 2698w Section 2698w. 301.19 of the statutes is created to read: