AB1-SSA1,180,2222 230.08 (2) (L) 6. Sentencing commission.
AB1-SSA1, s. 364 23Section 364. 230.08 (2) (of) of the statutes is created to read:
AB1-SSA1,180,2424 230.08 (2) (of) The executive director of the sentencing commission.
AB1-SSA1, s. 365b 25Section 365b. 230.08 (2) (y) of the statutes is repealed.
AB1-SSA1, s. 365d
1Section 365d. 230.35 (1m) (a) 2. of the statutes is amended to read:
AB1-SSA1,181,32 230.35 (1m) (a) 2. A position designated in s. 19.42 (10) (L) or 20.923 (4), (7),
3(8), and (9).
AB1-SSA1, s. 365g 4Section 365g. 230.35 (2) of the statutes is amended to read:
AB1-SSA1,181,155 230.35 (2) Leave of absence with pay owing to sickness and leave of absence
6without pay, other than annual leave and leave under s. 103.10, shall be regulated
7by rules of the secretary, except that unused sick leave shall accumulate from year
8to year. After July 1, 1973, employees appointed to career executive positions under
9the program established under s. 230.24 or positions designated in s. 19.42 (10) (L)
10or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e) shall have any
11unused sick leave credits restored if they are reemployed in a career executive
12position or in a position under s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or
13authorized under s. 230.08 (2) (e), regardless of the duration of their absence.
14Restoration of unused sick leave credits if reemployment is to a position other than
15those specified above shall be in accordance with rules of the secretary.
AB1-SSA1, s. 366 16Section 366. 234.165 (2) (c) (intro.) of the statutes is amended to read:
AB1-SSA1,181,1917 234.165 (2) (c) (intro.) Surplus Except as provided in sub. (3), surplus may be
18expended or encumbered only in accordance with the plan approved under par. (b),
19except that the authority may transfer from one plan category to another:
AB1-SSA1, s. 366c 20Section 366c. 234.165 (2) (c) (intro.) of the statutes, as affected by 2001
21Wisconsin Act .... (this act), is amended to read:
AB1-SSA1,181,2422 234.165 (2) (c) (intro.) Except as provided in sub. (3), surplus Surplus may be
23expended or encumbered only in accordance with the plan approved under par. (b),
24except that the authority may transfer from one plan category to another:
AB1-SSA1, s. 367 25Section 367. 234.165 (3) of the statutes is created to read:
AB1-SSA1,182,7
1234.165 (3) For the purpose of housing grants and loans under s. 16.33 and
2housing organization grants under s. 16.336, in fiscal year 2001-02 the authority
3shall transfer to the department of administration $1,500,000 of its surplus and in
4fiscal year 2002-03 the authority shall transfer to the department of administration
5$3,300,300 of its surplus. The department of administration shall credit all moneys
6transferred under this subsection to the appropriation account under s. 20.505 (7)
7(j).
AB1-SSA1, s. 367c 8Section 367c. 234.165 (3) of the statutes, as created by 2001 Wisconsin Act ....
9(this act), is repealed.
AB1-SSA1, s. 368 10Section 368. 250.15 of the statutes is repealed.
AB1-SSA1, s. 369 11Section 369. 253.06 (4) (b) of the statutes is amended to read:
AB1-SSA1,182,1612 253.06 (4) (b) A person who violates any provision of this subsection may be
13fined not more than $10,000 or imprisoned for not more than 3 years, or both,
is guilty
14of a Class I felony
for the first offense and may be fined not more than $10,000 or
15imprisoned for not more than 7 years and 6 months, or both,
is guilty of a Class H
16felony
for the 2nd or subsequent offense.
AB1-SSA1, s. 370 17Section 370. 285.87 (2) (b) of the statutes is amended to read:
AB1-SSA1,182,2218 285.87 (2) (b) If the conviction under par. (a) is for a violation committed after
19another conviction under par. (a), the person shall is guilty of a Class I felony, except
20that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may

21be fined not more than $50,000 per day of violation or imprisoned for not more than
223 years or both
.
AB1-SSA1, s. 370e 23Section 370e. 287.03 (1) (e) of the statutes is created to read:
AB1-SSA1,182,2424 287.03 (1) (e) Promulgate rules to implement s. 287.07 (7) (a) and (10) (a).
AB1-SSA1, s. 370f 25Section 370f. 287.07 (7) (a) of the statutes is amended to read:
AB1-SSA1,183,7
1287.07 (7) (a) The prohibitions in subs. (3) and (4) do not apply with respect to
2solid waste, except medical waste, as defined in par. (c) 1. cg., that is generated in a
3region that has an effective recycling program, as determined under s. 287.11
if the
4solid waste contains no more than an incidental amount of materials specified in
5subs. (3) and (4), as provided by the department by rule
. This paragraph does not
6apply to solid waste that is separated for recycling as part of an effective recycling
7program under s. 287.11.
AB1-SSA1, s. 370g 8Section 370g. 287.07 (9) of the statutes is created to read:
AB1-SSA1,183,149 287.07 (9) Acceptance by solid waste facility. (a) Except as provided under
10pars. (b) and (c), no person operating a solid waste facility may accept solid waste
11from a building containing 5 or more dwelling units or a commercial, retail,
12industrial, or governmental facility that does not provide for the collection of
13materials that are subject to subs. (3) and (4) and that are separated from other solid
14waste by users or occupants of the building or facility.
AB1-SSA1,183,1615 (b) The department may grant exceptions to par. (a) on a case-by-case basis
16as necessary to protect public health.
AB1-SSA1,183,2017 (c) 1. Paragraph (a) does not apply to a person operating a solid waste facility
18if the person has implemented a program to minimize the acceptance of recyclable
19materials at the solid waste facility, and the program complies with the rules
20promulgated under subd. 2.
AB1-SSA1,183,2321 2. The department shall promulgate rules that specify minimum standards for
22a program that minimizes the acceptance of recyclable materials at a solid waste
23facility for the purposes of subd. 1.
AB1-SSA1, s. 370h 24Section 370h. 287.07 (10) of the statutes is created to read:
AB1-SSA1,184,6
1287.07 (10) Transportation to facility. (a) Except as provided in par. (b), no
2person operating a solid waste facility that provides a collection and transportation
3service may transport solid waste for delivery to a solid waste disposal facility or a
4solid waste treatment facility that converts solid waste into fuel or that burns solid
5waste if the solid waste contains more than incidental amounts of materials specified
6in subs. (3) and (4), as provided by the department by rule.
AB1-SSA1,184,97 (b) Paragraph (a) does not apply with respect to solid waste to which the
8prohibitions in subs. (3) and (4) do not apply because of sub. (7) (b), (bg), (c) 2., (d),
9(f), (g), or (h).
AB1-SSA1, s. 370j 10Section 370j. 287.23 (5b) (intro.) of the statutes is amended to read:
AB1-SSA1,184,1511 287.23 (5b) Grant award for 2000 to 2003. (intro.) The For 2000 to 2003, the
12department shall award a grant under this subsection to each eligible responsible
13unit that submits a complete grant application under sub. (4) for expenses allowable
14under sub. (3) (b). The department shall determine the amount of the grants under
15this subsection as follows:
AB1-SSA1, s. 370k 16Section 370k. 287.23 (5d) of the statutes is created to read:
AB1-SSA1,184,2017 287.23 (5d) Grant amount for years after 2003. (a) Beginning with grants for
18the year 2004, the department shall award a grant under this subsection to each
19eligible responsible unit that submits a complete grant application under sub. (4) for
20expenses allowable under sub. (3) (b).
AB1-SSA1,185,221 (b) Except as provided in pars. (c), (d), and (e) and sub. (5p), the department
22shall award an eligible responsible unit a grant under this subsection equal to the
23population of the responsible unit times an amount that is the same for each
24responsible unit and that the department determines will result in distributing as

1much as possible of the amount appropriated under s. 20.370 (6) (bu), taking into
2account pars. (c), (d), and (e) and sub. (5p).
AB1-SSA1,185,53 (c) A grant under this subsection may not exceed the allowable expenses under
4sub. (3) (b) that the responsible unit incurred in the year 2 years before the year for
5which the grant is made.
AB1-SSA1,185,96 (d) For a county that is the responsible unit for at least 75% of the population
7of the county, the department shall award a grant under this subsection equal to the
8greater of $100,000 or the amount determined under par. (a), but not more than the
9allowable expenses under sub. (3) (b).
AB1-SSA1,185,1210 (e) For grants for the year 2004, the department shall award a grant to a
11responsible unit that received an award in 2003 that is equal to at least 80% of the
12amount received in 2003.
AB1-SSA1, s. 370L 13Section 370L. 287.95 (3) (b) of the statutes is amended to read:
AB1-SSA1,185,1714 287.95 (3) (b) After December 31, 1996, any person who violates s. 287.07 (3)
15and, (4), (9), or (10) may be required to forfeit $50 for a first violation, may be required
16to forfeit $200 for a 2nd violation, and may be required to forfeit not more than $2,000
17for a 3rd or subsequent violation.
AB1-SSA1, s. 371 18Section 371. 291.97 (2) (b) (intro.) of the statutes is amended to read:
AB1-SSA1,185,2219 291.97 (2) (b) (intro.) Any person who wilfully does any of the following shall
20is guilty of a Class H felony, except that, notwithstanding the maximum fine specified
21in s. 939.50 (3) (h), the person may
be fined not less than $1,000 nor more than
22$100,000 or imprisoned for not more than 7 years and 6 months or both:
AB1-SSA1, s. 372 23Section 372. 291.97 (2) (c) 1. and 2. of the statutes are amended to read:
AB1-SSA1,186,224 291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall
25is guilty of a Class I felony, except that, notwithstanding the maximum fine specified

1in s. 939.50 (3) (i), the person may
be fined not less than $1,000 nor more than $50,000
2or imprisoned for not more than 2 years or both.
AB1-SSA1,186,63 2. For a 2nd or subsequent violation under par. (b), a person shall is guilty of
4a Class F felony, except that, notwithstanding the maximum fine specified in s.
5939.50 (3) (f), the person may
be fined not less than $5,000 nor more than $150,000
6or imprisoned for not more than 15 years or both.
AB1-SSA1, s. 373 7Section 373. 299.53 (4) (c) 2. of the statutes is amended to read:
AB1-SSA1,186,138 299.53 (4) (c) 2. Any person who intentionally makes any false statement or
9representation in complying with sub. (2) (a) shall be fined not more than $25,000
10or imprisoned for not more than one year in the county jail or both. For a 2nd or
11subsequent violation, the person shall is guilty of a Class I felony, except that,
12notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may
be
13fined not more than $50,000 or imprisoned for not more than 3 years or both.
AB1-SSA1, s. 375 14Section 375. 301.035 (2) of the statutes is amended to read:
AB1-SSA1,186,1715 301.035 (2) Assign hearing examiners from the division to preside over
16hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10 and 975.10
17(2) and ch. 304.
AB1-SSA1, s. 376 18Section 376. 301.035 (4) of the statutes is amended to read:
AB1-SSA1,186,2219 301.035 (4) Supervise employees in the conduct of the activities of the division
20and be the administrative reviewing authority for decisions of the division under ss.
21302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and
22ch. 304.
AB1-SSA1, s. 377 23Section 377. 301.048 (2) (bm) 1. a. of the statutes is amended to read:
AB1-SSA1,187,724 301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195
25(3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or
s. 940.01,

1940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (3), (4) or (5), 940.195
2(3), (4) or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2)
3(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
4(1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013,
5943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.43,
6947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, or
7948.30.
AB1-SSA1, s. 377g 8Section 377g. 301.26 (2) (c) of the statutes is amended to read:
AB1-SSA1,187,179 301.26 (2) (c) All funds to counties under this section shall be used to purchase
10or provide juvenile delinquency-related services under ch. 938 and to make
11payments for the Youth Challenge program under s. 21.26 (3)
, except that no funds
12to counties under this section may be used for purposes of land purchase, building
13construction or maintenance of buildings under s. 46.17, 46.175 or 301.37, for
14reimbursement of costs under s. 938.209, for city lockups or for reimbursement of
15care costs in temporary shelter care under s. 938.22. Funds to counties under this
16section may be used for reimbursement of costs of program services, other than basic
17care and supervision costs, in juvenile secure detention facilities.
AB1-SSA1, s. 378 18Section 378. 301.26 (4) (cm) 1. of the statutes is amended to read:
AB1-SSA1,188,719 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall
20transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations
21under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing secured
22correctional facilities, secured child caring institutions, alternate care providers,
23aftercare supervision providers and corrective sanctions supervision providers for
24costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age
25or over who has been placed in a secured correctional facility based on a delinquent

1act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or
2s. 948.36, 1999 stats., or
s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305,
3940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2),
4948.02 (1), 948.025, (1), or 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any
5juvenile 10 years of age or over who has been placed in a secured correctional facility
6or secured child caring institution for attempting or committing a violation of s.
7940.01 or for committing a violation of s. 940.02 or 940.05.
AB1-SSA1, s. 379 8Section 379. 301.45 (6) (a) 2. of the statutes is amended to read:
AB1-SSA1,188,149 301.45 (6) (a) 2. For a 2nd or subsequent offense, the person may be fined not
10more than $10,000 or imprisoned for not more than 5 years or both
is guilty of a Class
11H felony
. For purposes of this subdivision, an offense is a 2nd or subsequent offense
12if, prior to committing the offense, the person has at any time been convicted of
13knowingly failing to comply with any requirement to provide information under
14subs. (2) to (4).
AB1-SSA1, s. 380 15Section 380. 302.045 (3) of the statutes is amended to read:
AB1-SSA1,188,2316 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department
17determines that an inmate serving a sentence other than one imposed under s.
18973.01
has successfully completed the challenge incarceration program, the parole
19commission shall parole the inmate for that sentence under s. 304.06, regardless of
20the time the inmate has served, unless the person is serving a sentence imposed
21under s. 973.01
. When the parole commission grants parole under this subsection,
22it must require the parolee to participate in an intensive supervision program for
23drug abusers as a condition of parole.
AB1-SSA1, s. 381 24Section 381. 302.095 (2) of the statutes is amended to read:
AB1-SSA1,189,11
1302.095 (2) Any officer or other person who delivers or procures to be delivered
2or has in his or her possession with intent to deliver to any inmate confined in a jail
3or state prison, or who deposits or conceals in or about a jail or prison, or the precincts
4of a jail or prison, or in any vehicle going into the premises belonging to a jail or
5prison, any article or thing whatever, with intent that any inmate confined in the jail
6or prison shall obtain or receive the same, or who receives from any inmate any
7article or thing whatever with intent to convey the same out of a jail or prison,
8contrary to the rules or regulations and without the knowledge or permission of the
9sheriff or other keeper of the jail, in the case of a jail, or of the warden or
10superintendent of the prison, in the case of a prison, shall be imprisoned for not more
11than 3 years or fined not more than $500
is guilty of a Class I felony.
AB1-SSA1, s. 382 12Section 382. 302.11 (1g) (a) 2. of the statutes is amended to read:
AB1-SSA1,189,1813 302.11 (1g) (a) 2. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m),
141999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or
s. 940.02,
15940.03, 940.05, 940.09 (1) (1c), 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2),
16940.305 (2), 940.31 (1) or (2) (b), 943.02, 943.10 (2), 943.23 (1g) or (1m), 943.32 (2),
17946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07,
18948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.
AB1-SSA1, s. 384 19Section 384. 302.11 (1p) of the statutes is amended to read:
AB1-SSA1,189,2320 302.11 (1p) An inmate serving a term subject to s. 961.49 (2), 1999 stats., for
21a crime committed before December 31, 1999, is entitled to mandatory release,
22except the inmate may not be released before he or she has complied with s. 961.49
23(2), 1999 stats.
AB1-SSA1, s. 385 24Section 385. 302.11 (1z) of the statutes is amended to read:
AB1-SSA1,190,4
1302.11 (1z) An inmate who is sentenced to a term of confinement in prison
2under s. 973.01 for a felony that is committed on or after December 31, 1999, is not
3entitled under this section to mandatory release on parole under this section that
4sentence
.
AB1-SSA1, s. 386 5Section 386. 302.11 (3) of the statutes is amended to read:
AB1-SSA1,190,76 302.11 (3) All consecutive sentences imposed for crimes committed before
7December 31, 1999,
shall be computed as one continuous sentence.
AB1-SSA1, s. 387 8Section 387. 302.11 (7) (a) of the statutes is renumbered 302.11 (7) (am) and
9amended to read:
AB1-SSA1,190,1710 302.11 (7) (am) The division of hearings and appeals in the department of
11administration, upon proper notice and hearing, or the department of corrections, if
12the parolee waives a hearing,
reviewing authority may return a parolee released
13under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up to the
14remainder of the sentence for a violation of the conditions of parole. The remainder
15of the sentence is the entire sentence, less time served in custody prior to parole. The
16revocation order shall provide the parolee with credit in accordance with ss. 304.072
17and 973.155.
AB1-SSA1, s. 388 18Section 388. 302.11 (7) (ag) of the statutes is created to read:
AB1-SSA1,190,2119 302.11 (7) (ag) In this subsection "reviewing authority" means the division of
20hearings and appeals in the department of administration, upon proper notice and
21hearing, or the department of corrections, if the parolee waives a hearing.
AB1-SSA1, s. 389 22Section 389. 302.11 (7) (b) of the statutes is amended to read:
AB1-SSA1,191,523 302.11 (7) (b) A parolee returned to prison for violation of the conditions of
24parole shall be incarcerated for the entire period of time determined by the
25department of corrections in the case of a waiver or the division of hearings and

1appeals in the department of administration in the case of a hearing under par. (a),

2reviewing authority unless paroled earlier under par. (c). The parolee is not subject
3to mandatory release under sub. (1) or presumptive mandatory release under sub.
4(1g). The period of time determined under par. (a) (am) may be extended in
5accordance with subs. (1q) and (2).
AB1-SSA1, s. 390 6Section 390. 302.11 (7) (d) of the statutes is amended to read:
AB1-SSA1,191,127 302.11 (7) (d) A parolee who is subsequently released either after service of the
8period of time determined by the department of corrections in the case of a waiver
9or the division of hearings and appeals in the department of administration in the
10case of a hearing under par. (a)
reviewing authority or by a grant of parole under par.
11(c) is subject to all conditions and rules of parole until expiration of sentence or
12discharge by the department.
AB1-SSA1, s. 391 13Section 391. 302.11 (7) (e) of the statutes is created to read:
AB1-SSA1,191,1714 302.11 (7) (e) A reviewing authority may consolidate proceedings before it
15under par. (am) with other proceedings before that reviewing authority under par.
16(am) or s. 302.113 (9) (am) or 302.114 (9) (am) if all of the proceedings relate to the
17parole or extended supervision of the same person.
AB1-SSA1, s. 392 18Section 392. 302.113 (2) of the statutes is amended to read:
AB1-SSA1,191,2319 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this
20section is entitled to release to extended supervision after he or she has served the
21term of confinement in prison portion of the sentence imposed under s. 973.01, as
22modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., if
23applicable.
AB1-SSA1, s. 393 24Section 393. 302.113 (4) of the statutes is amended to read:
AB1-SSA1,192,4
1302.113 (4) All consecutive sentences imposed for crimes committed on or after
2December 31, 1999,
shall be computed as one continuous sentence. The person shall
3serve any term of extended supervision after serving all terms of confinement in
4prison.
AB1-SSA1, s. 394 5Section 394. 302.113 (7) of the statutes, as affected by 2001 Wisconsin Act 16,
6is amended to read:
AB1-SSA1,192,137 302.113 (7) Any inmate released to extended supervision under this section is
8subject to all conditions and rules of extended supervision until the expiration of the
9term of extended supervision portion of the bifurcated sentence. The department
10may set conditions of extended supervision in addition to any conditions of extended
11supervision required under s. 302.116, if applicable, or set by the court under sub.
12(7m) or
s. 973.01 (5) if the conditions set by the department do not conflict with the
13court's conditions.
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