SB45: Bill Text

SB45,1200,9 299.11 (4) (c) Delayed effective date. A rule identifying specified test categories for which tests are required to be conducted by a an accredited, certified or registered laboratory may not take effect until at least 120 days after publication. The department may not require a person to resubmit results of tests which were not required to be conducted by a an accredited, certified or registered laboratory at the time of the original submission merely because of that fact.

SB45, s. 2664 Section 2664. 299.11 (5) (title) of the statutes is amended to read:

SB45,1200,12 299.11 (5) (title) Recognition of other accreditation, certification or registration.

SB45, s. 2665 Section 2665. 299.11 (5) (cm) of the statutes is created to read:

SB45,1200,19 299.11 (5) (cm) Reciprocity for national accreditation. If the department is approved as an accrediting authority under sub. (8m) (a) and another accrediting authority under the national environmental laboratory accreditation program recognizes accreditation by the department under sub. (8m), the department shall recognize a laboratory as accredited to conduct tests in any test category for which the laboratory is accredited by that other accrediting authority.

SB45, s. 2666 Section 2666. 299.11 (5) (d) of the statutes is amended to read:

SB45,1200,25 299.11 (5) (d) Discretionary acceptance. The department may accept the results of a test in a specified test category even though the test was not conducted by a an accredited, certified or registered laboratory. The department may charge an extra fee if it is necessary to verify the results of a test submitted under this paragraph.

SB45, s. 2667 Section 2667. 299.11 (6) of the statutes is amended to read:

SB45,1201,4 299.11 (6) Not applicable to other programs. No laboratory is required to be accredited, registered or certified under this section for any purpose other than the submission of results under a covered program.

SB45, s. 2668 Section 2668. 299.11 (8m) of the statutes is created to read:

SB45,1201,8 299.11 (8m) Accreditation. (a) The department may apply to be approved as an accrediting authority under the national environmental laboratory accreditation program.

SB45,1201,14 (b) If the department is approved as an accrediting authority under par. (a), the department shall, after considering recommendations by the council, promulgate a rule prescribing criteria to be used to evaluate laboratories for accreditation and the procedures for accrediting laboratories. The criteria shall be consistent with the standards established by the National Environmental Laboratory Accreditation Conference.

SB45, s. 2669 Section 2669. 299.11 (9) of the statutes is amended to read:

SB45,1201,18 299.11 (9) Fees. The department shall promulgate by rule a graduated schedule of fees for accredited, certified and registered laboratories which are designed to recover the costs of administering this section.

SB45, s. 2670 Section 2670. 299.13 (title) of the statutes is amended to read:

SB45,1201,20 299.13 (title) Hazardous pollution Pollution prevention.

SB45, s. 2671 Section 2671. 299.13 (1) (be) of the statutes is created to read:

SB45,1201,23 299.13 (1) (be) "Center" means the solid and hazardous waste education center under s. 36.25 (30).

SB45, s. 2672 Section 2672. 299.13 (1) (c) of the statutes is repealed.

SB45, s. 2673 Section 2673. 299.13 (1) (dm) of the statutes is created to read:

SB45,1202,2 299.13 (1) (dm) 1. "Pollution prevention" means an action that does any of the following:

SB45,1202,3 a. Prevents waste from being created.

SB45,1202,4 b. Reduces the amount of waste that is created.

SB45,1202,6 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.

SB45,1202,10 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.

SB45, s. 2674 Section 2674. 299.13 (1) (e) of the statutes is repealed.

SB45, s. 2675 Section 2675. 299.13 (1m) (intro.) of the statutes is amended to read:

SB45,1202,16 299.13 (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:

SB45, s. 2676 Section 2676. 299.13 (1m) (f) of the statutes is created to read:

SB45,1202,18 299.13 (1m) (f) Reducing energy use.

SB45, s. 2677 Section 2677. 299.13 (1m) (g) of the statutes is created to read:

SB45,1202,20 299.13 (1m) (g) Training employes to minimize waste.

SB45, s. 2678 Section 2678. 299.13 (2) (a) of the statutes is amended to read:

SB45,1202,23 299.13 (2) (a) Designate an employe of the department to serve as hazardous pollution prevention coordinator and to do all of the following:

SB45,1203,4 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.

SB45,1203,6 3. Coordinate the department's hazardous pollution prevention efforts with those of other governmental agencies and private groups.

SB45,1203,8 4. Provide training concerning hazardous pollution prevention to employes of the department.

SB45, s. 2679 Section 2679. 299.13 (2) (b) of the statutes is amended to read:

SB45,1203,14 299.13 (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.

SB45, s. 2680 Section 2680. 299.13 (2) (d) of the statutes is amended to read:

SB45,1203,16 299.13 (2) (d) Seek federal funding to promote hazardous pollution prevention.

SB45, s. 2681 Section 2681. 299.15 (3) (cm) 2. of the statutes is amended to read:

SB45,1203,19 299.15 (3) (cm) 2. In any fiscal year, the department may not charge total fees under par. (am) that exceed $7,450,000 $7,925,000.

SB45, s. 2682 Section 2682. 299.95 of the statutes is amended to read:

SB45,1204,10 299.95 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).

SB45, s. 2683 Section 2683. 301.01 (2) (b) of the statutes is amended to read:

SB45,1204,14 301.01 (2) (b) Any resident of a secured correctional facility, as defined in s. 938.02 (15m), or of a secured child caring institution, as defined in s. 938.02 (15g) or a secured group home.

SB45, s. 2684 Section 2684. 301.01 (3k) of the statutes is created to read:

SB45,1204,17 301.01 (3k) "Secured child caring institution" has the meaning given in s. 938.02 (15g).

SB45, s. 2685 Section 2685. 301.01 (3m) of the statutes is created to read:

SB45,1204,20 301.01 (3m) "Secured correctional facility" has the meaning given in s. 938.02 (15m).

SB45, s. 2686 Section 2686. 301.01 (3p) of the statutes is created to read:

SB45,1204,22 301.01 (3p) "Secured group home" has the meaning given in s. 938.02 (15p).

SB45, s. 2687 Section 2687. 301.01 (4) of the statutes is amended to read:

SB45,1205,3 301.01 (4) "State correctional institution" means a state prison under s. 302.01 or a secured correctional facility, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center operated by the department.

SB45, s. 2688 Section 2688. 301.027 of the statutes is amended to read:

SB45,1205,8 301.027 Treatment program at one or more juvenile secured correctional institutions facilities. The department shall maintain a cottage-based intensive alcohol and other drug abuse program at one or more juvenile secured correctional institutions facilities.

SB45, s. 2689 Section 2689. 301.029 of the statutes is created to read:

SB45,1205,12 301.029 Contracts requiring prisoner access to personal information. (1) In this section, "financial transaction card" has the meaning given in s. 943.41 (1) (em).

SB45,1205,16 (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.

SB45,1205,20 (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.

SB45, s. 2690 Section 2690. 301.03 (10) (d) of the statutes is amended to read:

SB45,1206,2 301.03 (10) (d) Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning, the release of juvenile offenders from juvenile secured correctional institutions facilities, secured child caring institutions or secured group homes to aftercare placements and the transfer of juveniles to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d).

SB45, s. 2691 Section 2691. 301.03 (10) (e) of the statutes is amended to read:

SB45,1206,6 301.03 (10) (e) Provide educational programs in all secured correctional facilities, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center operated by the department.

SB45, s. 2692 Section 2692. 301.03 (10) (f) of the statutes is amended to read:

SB45,1206,10 301.03 (10) (f) Provide health services and psychiatric services for residents of all secured correctional facilities, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center operated by the department.

SB45, s. 2693 Section 2693. 301.08 (1) (b) 3. of the statutes is amended to read:

SB45,1206,22 301.08 (1) (b) 3. Contract with public, private or voluntary agencies for the supervision, maintenance and operation of secured correctional facilities, as defined in s. 938.02 (15m), child caring institutions, as defined in s. 938.02 (2c), and secured child caring institutions, as defined in s. 938.02 (15g), for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or (4m). The department may designate a secured correctional facility, child caring institution or a secured child caring institution contracted for under this subdivision as a Type 2 secured correctional facility, as defined in s. 938.02 (20), and may designate a child caring institution or secured child caring institution contracted for under this subdivision as a Type 2 child caring institution, as defined in s. 938.02 (19r).

SB45, s. 2694 Section 2694. 301.08 (1) (b) 4. of the statutes is created to read:

SB45,1207,4 301.08 (1) (b) 4. Contract with not more than one county for the operation of a secured group home for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 983.183 or 938.34 (4h) or (4m). The contract shall specify that the county operating the secured group home must comply with all rules of the department that are applicable to the treatment of juveniles who are placed in a secured correctional facility.

SB45, s. 2695 Section 2695. 301.16 (1q) of the statutes is created to read:

SB45,1207,9 301.16 (1q) The department shall establish a probation and parole holding and alcohol and other drug abuse treatment facility to provide 600 beds in southeastern Wisconsin, as enumerated in 1997 Wisconsin Act 27, section 9107 (1) (b), and shall locate the facility in Milwaukee.

SB45, s. 2696 Section 2696. 301.16 (1r) of the statutes is amended to read:

SB45,1207,19 301.16 (1r) In addition to the institutions under sub. (1), the department shall establish a medium maximum security correctional institution for persons 15 years of age or over, but not more than 21 years of age, who have been placed in a state prison under s. 302.01. The medium maximum security correctional institution under this subsection shall be known as the Racine Youthful Offender Correctional Facility and shall be located at the intersection of Albert Street and North Memorial Drive in the city of Racine. The department shall limit the number of prisoners who may be placed at the Racine Youthful Offender Correctional Facility to no more than 400 at any one time.

SB45, s. 2697 Section 2697. 301.16 (1s) of the statutes is created to read:

SB45,1207,24 301.16 (1s) In addition to the institutions under sub. (1), the department shall establish a medium security correctional facility that is part of the correctional facility or facilities enumerated in 1997 Wisconsin Act 27, section 9107 (1) (b), and that is located in Redgranite.

SB45, s. 2698 Section 2698. 301.16 (1t) of the statutes is created to read:

SB45,1208,4 301.16 (1t) In addition to the institutions under sub. (1), the department shall establish a medium security correctional facility that is part of the correctional facility or facilities enumerated in 1997 Wisconsin Act 27, section 9107 (1) (b), and that is located in New Lisbon.

SB45, s. 2699 Section 2699. 301.205 of the statutes is amended to read:

SB45,1208,10 301.205 Reimbursement to visiting families. The department may reimburse families visiting girls at a secured correctional facility , as defined in s. 938.02 (15m). If the department decides to provide the reimbursement, it the department shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.

SB45, s. 2700 Section 2700. 301.26 (4) (c) of the statutes is amended to read:

SB45,1208,17 301.26 (4) (c) Notwithstanding pars. (a), (b) and (bm), the department of corrections shall pay, from the appropriation account under s. 20.410 (3) (hm), (ho) or (hr), the costs of care, services and supplies provided for each person receiving services under s. 46.057, 48.366, 51.35 (3), 938.183 or 938.34 who was under the guardianship of the department of health and family services pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

SB45, s. 2701 Section 2701. 301.26 (4) (cm) 1. of the statutes is amended to read:

SB45,1209,7 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile secured correctional institutions facilities, secured child caring institutions, as defined in s. 938.02 (15g), secured group homes, alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a juvenile secured correctional facility based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any juvenile 10 years of age or over who has been placed in a juvenile secured correctional institution or a facility, secured child caring institution or secured group home for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

SB45, s. 2702 Section 2702. 301.26 (4) (cm) 2. of the statutes is amended to read:

SB45,1209,17 301.26 (4) (cm) 2. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile secured correctional institutions facilities, secured child caring institutions, as defined in s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over and under 18 years of age who has been placed in a juvenile secured correctional facility under s. 48.366 based on a delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).

SB45, s. 2703 Section 2703. 301.26 (4) (d) 2. of the statutes is amended to read:

SB45,1210,2 301.26 (4) (d) 2. Beginning on July 1, 1997 1999, and ending on December 31, 1997 1999, the per person daily cost assessment to counties shall be $150.44 $157.29 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $150.44 $157.29 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $160.22 $169.24 for care in a child caring institution, including a secured child caring institution, $111.16 $117.42 for care in a group home for children, $24.78 $26.17 for care in a foster home, $71.35 $75.37 for care in a treatment foster home, $88.19 $85.18 for departmental corrective sanctions services and $16.98 $16.85 for departmental aftercare services.