Amendment SSA1-AB133

AB133-SSA1,1500,21 (7) Highview building vacation and conversion. The building commission shall, during the 1999-2001 fiscal biennium, coordinate the construction project related to vacation of the Highview building by the Northern Wisconsin Center for the Developmentally Disabled and conversion of the building to a medium security correctional institution under subsection (1) (b) 1. and related projects. Jurisdiction over the building and adjacent land is vested in the commission for the purpose of effecting the transfer. At such time as is appropriate, the commission shall transfer the building and adjacent land to the department of corrections under section 13.48 (14) of the statutes.

AB133-SSA1,1501,2 (7tu) State fair park racetrack seating project. Notwithstanding section 18.04 (2) of the statutes, as affected by this act, the building commission shall not authorize public debt to be contracted for the racetrack seating project identified in subsection (1) (g) 2. unless the state fair park board first notifies the commission, in writing, that it has approved the design of the project.

AB133-SSA1,1501,8 (7tv) State fair park racetrack improvements. Notwithstanding section 18.04 (2) of the statutes, as affected by this act, the building commission shall not authorize public debt to be contracted for the racetrack improvements project identified in subsection (1) (g) 2. unless the commission is notified by the cochairpersons of the joint committee on finance that the committee has approved the plan for noise abatement at the racetrack submitted under Section 9145 (1tv) of this act.

AB133-SSA1,1501,15 (7x) Aquaculture demonstration facility. Notwithstanding section 18.04 (1) of the statutes and section 18.04 (2) of the statutes, as affected by this act, the building commission shall not authorize public debt to be contracted for the purpose of financing construction of the aquaculture demonstration facility enumerated under subsection (1) (i) 3. unless the joint committee on finance has first approved the report required to be submitted to the committee by the board of regents of the University of Wisconsin System under Section 9154 (3x) of this act.

AB133-SSA1,1501,21 (8m) Wausau state office facility study. The building commission shall conduct a study of the feasibility of constructing a state office facility in the Wausau area to consolidate state employe staff. The building commission shall report the results of the study, together with its findings and recommendations, to the legislature in the manner provided in section 13.172 (2) of the statutes no later than July 1, 2000.

AB133-SSA1, s. 9108 Section 9108. Nonstatutory provisions; child abuse and neglect prevention board.

AB133-SSA1, s. 9109 Section 9109. Nonstatutory provisions; circuit courts.

AB133-SSA1, s. 9110 Section 9110. Nonstatutory provisions; commerce.

AB133-SSA1,1502,4 (1) Grants to Brown County. From the appropriation under section 20.143 (1) (kj) of the statutes, as created by this act, the department of commerce shall make grants to Brown County of $500,000 in fiscal year 1999-2000 and $1,000,000 in fiscal year 2000-01 for economic development.

AB133-SSA1,1502,14 (3g) Building permits for construction of certain one- and 2-family dwellings. Notwithstanding section 101.651 (2m) of the statutes, as created by this act, a person is not required to obtain a building permit for construction that begins before the effective date of this subsection if, at the time that the construction begins, the municipality where the construction is located is exempt under section 101.651 (2), 1997 stats., the municipality has not enacted an ordinance requiring a building permit for the construction, the municipality does not jointly exercise jurisdiction with a political subdivision that requires a building permit for the construction and the municipality has not requested a county or the department of commerce to provide building permit services under section 101.651 (3) of the statutes.

AB133-SSA1,1502,17 (3yt) Financial management of petroleum storage remedial action program. No later than the first day of the 6th month beginning after the effective date of this subsection, the department of commerce shall do all of the following:

AB133-SSA1,1502,20 (a) Update its financial data base for the program under section 101.143 of the statutes to ensure that complete cost information related to each occurrence and to the annual payment to each owner or operator is readily available.

AB133-SSA1,1502,25 (b) Investigate any variances between the amount of total payments indicated by the department's financial data base for the program under section 101.143 of the statutes and the amount of total payments indicated by the accounts maintained by the department of administration under section 16.52 of the statutes to identify when the variances occurred and the reasons for the variances.

AB133-SSA1,1503,3 (c) Make any changes in the department's financial data base needed to ensure that the data base is consistent with the accounts maintained by the department of administration under section 16.52 of the statutes.

AB133-SSA1,1503,4 (3yu) Rule making for petroleum storage remedial action program.

AB133-SSA1,1503,8 (a) The department of commerce and the department of natural resources shall submit in proposed form the rules required under section 101.143 (2) (h), (i) and (j) and (2e) of the statutes, as created by this act, to the legislature under section 227.19 of the statutes no later than June 1, 2000.

AB133-SSA1,1503,20 (b) Using the procedure under section 227.24 of the statutes, the department of commerce and the department of natural resources shall promulgate the rules required under section 101.143 (2) (h), (i) and (j) and (2e) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect until September 1, 2000, or the date on which rules under paragraph (a) take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the departments are not required to provide evidence that promulgating rules under this paragraph is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for rules promulgated under this paragraph. The departments shall promulgate rules under this paragraph no later than the 30th day after the effective date of this paragraph.

AB133-SSA1,1504,5 (c) Using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate rules to implement section 101.143 (4) (cm) 1. of the statutes, as affected by this act, for the period before the effective date of permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department is not required to provide evidence that promulgating rules under this paragraph is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for rules promulgated under this paragraph. The department shall promulgate rules under this paragraph no later than November 1, 1999.

AB133-SSA1,1504,8 (d) The department of commerce shall submit in proposed form any rules under section 101.143 (2) (h) of the statutes, as created by this act, to the legislature under section 227.19 of the statutes no later than June 1, 2000.

AB133-SSA1,1504,17 (e) If the conditions under section 101.144 (3g) (a) of the statutes, as created by this act, apply on December 1, 1999, using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate the rules required under section 101.144 (3g) (a) of the statutes, as created by this act, for the period before the effective date of permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department is not required to provide a finding of emergency for rules promulgated under this paragraph. The department shall promulgate rules under this paragraph no later than December 31, 1999.

AB133-SSA1,1504,21 (3yv) Transfer of sites. The department of natural resources and the department of commerce shall identify sites the classification of which is changed because of the changes made by this act in section 101.144 of the statutes and shall transfer authority over those sites no later than December 1, 1999.

AB133-SSA1,1505,2 (3yw) Report concerning interest costs. No later than March 1, 2000, the department of commerce shall submit a report to the joint committee on finance and the joint committee for review of administrative rules containing recommendations for actions that the department could take to reduce interest costs incurred by claimants under the program under section 101.143 of the statutes, including a review of schedules for making progress payments to claimants.

AB133-SSA1,1505,9 (3yx) Evaluation of usual and customary cost schedule. The department of commerce shall evaluate the operation of section 101.143 (4) (cm) 1. of the statutes, as affected by this act, and shall report the results of the evaluation to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, in the manner provided in section 13.172 (3) of the statutes, no later than the first day of the 14th month beginning after the effective date of this subsection.

AB133-SSA1,1505,10 (4) Loan for pedestrian bridge project.

AB133-SSA1,1505,14 (a) The department of commerce may make a loan of not more than $600,000 from the appropriations under section 20.143 (1) (c) and (ie) of the statutes, as affected by this act, to a person for a project that includes a pedestrian bridge, if all of the following apply:

AB133-SSA1,1505,16 1. The person submits a plan to the department of commerce detailing the proposed use of the loan and the secretary of commerce approves the plan.

AB133-SSA1,1505,19 2. The person enters into a written agreement with the department of commerce that specifies the loan terms and the conditions for use of the loan proceeds, including reporting and auditing requirements.

AB133-SSA1,1505,22 3. The person agrees in writing to submit to the department of commerce, within 6 months after spending the full amount of the loan, a report detailing how the loan proceeds were used.

AB133-SSA1,1505,25 (b) The department of commerce shall deposit in the appropriation account under section 20.143 (1) (ie) of the statutes, as affected by this act, any moneys received in repayment of the loan.

AB133-SSA1,1506,2 (c) The department of commerce may not pay loan proceeds under this subsection after June 30, 2000.

AB133-SSA1,1506,3 (5) Grant for manufacturing technology training center.

AB133-SSA1,1506,4 (a) In this subsection:

AB133-SSA1,1506,6 1. "Consortium" means an association of business, governmental and educational entities.

AB133-SSA1,1506,7 2. "Department" means the department of commerce.

AB133-SSA1,1506,8 3. "Secretary" means the secretary of commerce.

AB133-SSA1,1506,12 (b) Subject to paragraph (d), the department may make a grant of not more than $1,000,000 from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, to a consortium for a manufacturing technology training center if all of the following apply:

AB133-SSA1,1506,13 1. The consortium is located in the Racine-Kenosha area.

AB133-SSA1,1506,15 2. The consortium submits a plan to the department detailing the proposed use of the grant and the secretary approves the plan.

AB133-SSA1,1506,18 3. The consortium enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

AB133-SSA1,1506,20 4. The consortium agrees in writing to submit to the department the report required under paragraph (c) by the time required under paragraph (c ).

AB133-SSA1,1506,23 (c) If a consortium receives a grant under this subsection, it shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

AB133-SSA1,1506,25 (d) 1. The department may not pay grant proceeds under this subsection after June 30, 2001.

AB133-SSA1,1507,2 2. The department may not disburse more than $500,000 in grant proceeds under this subsection in either fiscal year 1999-2000 or fiscal year 2000-01.

AB133-SSA1,1507,6 (6c) Grant related to well replacement. From the appropriation under section 20.143 (1) (kj) of the statutes, as affected by this act, the department of commerce shall make a grant of $299,800 in fiscal year 1999-2000 to a city that was required to replace its city well because of federal highway construction.

AB133-SSA1,1507,12 (6e) Grant for pedestrian enhancements. In fiscal year 1999-2000, the department of commerce may make a grant, not exceeding $100,000, from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, to the city of Menasha for pedestrian enhancements to its city square if the city of Menasha contributes funds for the project that at least equal the amount of the grant.

AB133-SSA1, s. 9111 Section 9111. Nonstatutory provisions; corrections.

AB133-SSA1,1507,14 (2d) Profitability requirement.

AB133-SSA1,1507,15 (a) In this subsection:

AB133-SSA1,1507,17 1. "Prison contract" has the meaning given in section 303.01 (11) (a) 2. of the statutes.

AB133-SSA1,1507,19 2. "Profitable" means earning a profit, as determined by the report described in paragraph (b), during at least three quarters of calendar year 2000.

AB133-SSA1,1508,4 (b) The department of corrections and the department of administration shall submit a report to the joint committee on finance for each quarter of calendar year 2000 providing the department of corrections' cash balance summary under each prison contract. Each report shall be prepared within 30 days after the end of the quarter. The report for the 4th quarter shall state whether the department's operations under at least two-thirds of its prison contracts were profitable during calendar year 2000. If less than two-thirds of its prison contracts were profitable, the department of corrections shall terminate its program for contracting with private employers under section 303.01 (2) (em) of the statutes, as affected by this act.

AB133-SSA1,1508,12 (c) If the report under paragraph (b) states that less than two-thirds of prison contracts were profitable during calendar year 2000, the cochairpersons of the joint committee on finance shall certify that fact to the revisor of statutes no later than March 1, 2001. Upon the certification, the revisor of statutes shall publish notice in the Wisconsin Administrative Register of the report and that, as of March 1, 2001, the treatment of sections 20.410 (1) (gi), (hm) and (km), 108.07 (8) (b), 303.01 (8) (b), (c), (d) and (e), 303.06 (3) and 303.21 (1) (b) of the statutes and the repeal of section 303.01 (2) (em) and (11) of the statutes have taken effect.

AB133-SSA1,1508,16 (3z) Report on out-of-state inmate transfers. The department of corrections shall submit a report to the joint committee on finance by July 1, 2000, regarding Wisconsin inmates transferred to and confined in other states under section 301.21 (1m) and (2m) of the statutes. The report shall address all of the following:

AB133-SSA1,1508,18 (a) The overall impact that transfers have on prison populations in Wisconsin and projections regarding future out-of-state transfers.

AB133-SSA1,1508,20 (b) The total cost of out-of-state transfers to the department, including the cost of incarceration and transportation.

AB133-SSA1,1508,22 (c) The types of inmates being transferred based on the crimes for which the inmates have been sentenced.

AB133-SSA1,1508,24 (d) Department policies regarding how inmates are selected for out-of-state transfers.

AB133-SSA1,1508,25 (e) The average length of an inmate's stay in an out-of-state prison.

AB133-SSA1,1509,2 (f) The specific services, programs and treatment provided to inmates in out-of-state prisons compared to inmates confined in Wisconsin prisons.

AB133-SSA1,1509,6 (g) Complaint procedures for inmates in out-of-state prisons, the number of complaints that have been received, the types of complaints that have been submitted and the ways in which the out-of-state prisons have addressed the complaints.

AB133-SSA1,1509,9 (h) The rate of recidivism for inmates who have been confined in out-of-state prisons compared to those remaining in Wisconsin for the entire sentence, classified by the crimes for which the inmates have been sentenced.

AB133-SSA1,1509,12 (i) The impact of transfers on inmates' families in Wisconsin, the information that inmates' families receive on the treatment of inmates and the ways in which the department has attempted to respond to concerns of the families.

AB133-SSA1,1509,17 (j) The steps taken by the department to implement alternatives to prison transfers, the number of persons involved in enhanced community supervision programs, the success of those programs and the feasibility of reducing prison transfers through increasing the use of some combination of community supervision programs.

AB133-SSA1,1509,20 (k) The effects that the elimination of parole and probation would have on the number of prisoners who will be sentenced to a term of imprisonment by Wisconsin courts and on recidivism rates for all prisoners.

AB133-SSA1,1509,22 (L) An evaluation of the health of inmates in out-of-state prisons and the health care provided to them.

AB133-SSA1,1509,23 (4xt) Private correctional facilities.

AB133-SSA1,1510,3 (a) Definition. In this subsection, "private correctional facility" means, along with the land on which it is situated, a building, structure or facility meeting all of the following requirements:

AB133-SSA1,1510,5 1. The building, structure or facility has been or is being constructed on the effective date of this subdivision.

AB133-SSA1,1510,10 2. The building, structure or facility has been or is being constructed for the confinement of one or more individuals who, as a result of a court order from any jurisdiction, are in custody for the commission or alleged commission of a crime and who would be classified as medium or maximum security under the department of corrections' security classification system.

AB133-SSA1,1510,15 3. The building, structure or facility has not been and is not being constructed under a contract with the department of administration, a county, a group of counties acting under section 302.44 of the statutes, the department of corrections and any county or group of counties acting under section 302.45 of the statutes, the United States or a federally recognized American Indian tribe or band in this state.

AB133-SSA1,1511,3 (b) Acquisition or lease of private correctional facilities. The department of administration shall, no later than the 30th day after the effective date of this paragraph, commence efforts to negotiate with the owner of each private correctional facility located in this state to purchase the facility or to lease the facility. If the department reaches an agreement to purchase or lease the facility, the purchase or lease is subject to approval of the building commission and the joint committee on finance. If the department is unable to reach an agreement with the owner, the building commission may, notwithstanding section 13.48 (16) of the statutes, acquire the private correctional facility by condemnation under section 32.06 of the statutes, except that this paragraph constitutes the determination of the necessity of taking for the purposes of section 32.06 (1) of the statutes. Section 13.48 (19) (b) of the statutes, as created by this act, does not apply to the lease or acquisition of a private correctional facility under this paragraph.

AB133-SSA1,1511,9 (c) Returning prisoners from out-of-state facilities. The department of corrections shall use the increase in beds resulting from any lease or acquisition of private correctional facilities under paragraph (b) to reduce its reliance on contracts for the transfer and confinement of Wisconsin prisoners in other states under section 301.21 of the statutes and to return to correctional facilities in Wisconsin prisoners who are confined in other states under those contracts.

AB133-SSA1,1511,12 (d) Inapplicability to juvenile facilities. This subsection does not apply to a building, structure or facility that has been or is being constructed solely to confine juveniles alleged or found to be delinquent.

AB133-SSA1, s. 9112 Section 9112. Nonstatutory provisions; court of appeals.

AB133-SSA1, s. 9113 Section 9113. Nonstatutory provisions; educational communications board.

AB133-SSA1, s. 9114 Section 9114. Nonstatutory provisions; elections board.

AB133-SSA1, s. 9115 Section 9115. Nonstatutory provisions; employe trust funds.

AB133-SSA1, s. 9116 Section 9116. Nonstatutory provisions; employment relations commission.

AB133-SSA1, s. 9117 Section 9117. Nonstatutory provisions; employment relations department.

AB133-SSA1, s. 9118 Section 9118. Nonstatutory provisions; ethics board.

AB133-SSA1, s. 9119 Section 9119. Nonstatutory provisions; financial institutions.

AB133-SSA1, s. 9121 Section 9121. Nonstatutory provisions; governor.

AB133-SSA1, s. 9122 Section 9122. Nonstatutory provisions; Health and Educational Facilities Authority.

AB133-SSA1, s. 9123 Section 9123. Nonstatutory provisions; health and family services.

AB133-SSA1,1512,14 (1) Rules for family care benefit. Using the procedure under section 227.24 of the statutes, the department of health and family services shall promulgate the rules required under sections 46.286 (4) to (7), 46.288 (1) to (3) and 50.02 (2) (d) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under sections 46.286 (4) to (7), 46.288 (1) to (3) and 50.02 (2) (d) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB133-SSA1,1512,21 (1m) Report on family care. Notwithstanding section 16.42 (1) of the statutes, by November 1, 2000, the department of health and family services shall submit to the governor, as part of the department's 2001-03 biennial budget request, a report that describes the implementation and outcomes of the pilot projects under section 46.281 (1) (d) of the statutes, as created by this act, and that makes recommendations on the family care program under sections 46.2805 to 46.2895 of the statutes, as created by this act.

AB133-SSA1,1512,22 (1n) Alternative to family care.

AB133-SSA1,1513,5 (a) The department of health and family services shall, as soon as possible before July 1, 2002, seek waivers of federal medical assistance statutes and regulations from the federal department of health and human services that are necessary to implement in up to 3 pilot sites a model for the provision of long-term care that is an alternative to the family care program under sections 46.2805 to 46.2895 of the statutes, as created by this act, that would have all of the following characteristics:

AB133-SSA1,1513,9 1. Medical assistance coverage of services under waiver programs under sections 46.27 (11), 46.275, 46.277 and 46.278 of the statutes would be expanded to include selected services specified under section 49.46 (2) (b) of the statutes, including personal care and home health care.