Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,828,20 292.11 (9) (e) 1m. f. The local governmental unit acquired the property using funds appropriated under s. 20.866 (2) (ta) or (tz).

SB55-SSA1-CA1, s. 3230 Section 3230. 292.13 (1m) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,829,2 292.13 (1m) Exemption from liability for soil contamination. (intro.) A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the soil, including sediments, on property possessed or controlled by the person if all of the following apply:

SB55-SSA1-CA1, s. 3231 Section 3231. 292.15 (2) (a) 4. of the statutes is amended to read:

SB55-SSA1-CA1,829,6 292.15 (2) (a) 4. The If the voluntary party owns or controls the property, the voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.

SB55-SSA1-CA1, s. 3232 Section 3232. 292.15 (2) (ae) 4. of the statutes is amended to read:

SB55-SSA1-CA1,829,10 292.15 (2) (ae) 4. The If the voluntary party owns or controls the property, the voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.

SB55-SSA1-CA1, s. 3234 Section 3234. 292.15 (2) (ag) of the statutes is amended to read:

SB55-SSA1-CA1,829,22 292.15 (2) (ag) Property affected by off-site discharge. Except as provided in sub. (6) or (7), for a property on which there exists a hazardous substance for which a voluntary party is exempt from liability under s. 292.13 (1) or (1m), a voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from the property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under par. (a) 1., if par. (a) 1. and 4. to 6. apply and all of the following occur at any time before or after the date of acquisition:

SB55-SSA1-CA1,830,3 1. The environment is restored to the extent practicable with respect to the discharges and the harmful effects from the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules, except that this requirement does not apply with respect to the hazardous substance for which the voluntary party is exempt from liability under s. 292.13 (1) or (1m).

SB55-SSA1-CA1,830,8 2. The voluntary party obtains a certificate of completion from the department stating that the environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from the discharges have been minimized, except with respect to the hazardous substance for which the voluntary party is exempt from liability under s. 292.13 (1) or (1m).

SB55-SSA1-CA1,830,11 3. The voluntary party obtains a written determination from the department under s. 292.13 (2) with respect to the hazardous substance for which the voluntary party is exempt from liability under s 292.13 (1) or (1m).

SB55-SSA1-CA1,830,13 4. The voluntary party continues to satisfy the conditions under s. 292.13 (1) (d) to (g) or (1m) (d) to (g).

SB55-SSA1-CA1, s. 3236 Section 3236. 292.15 (2) (b) 4. of the statutes is created to read:

SB55-SSA1-CA1,830,18 292.15 (2) (b) 4. If the voluntary party does not own or control the property, the person who owns or controls the property fails to maintain and monitor the property as required under rules promulgated by the department or any contract entered into under those rules.".

SB55-SSA1-CA1,830,19 1358. Page 1060, line 6: after that line insert:

SB55-SSA1-CA1,830,20 " Section 3260b. 292.35 (1) (am) of the statutes is created to read:

SB55-SSA1-CA1,830,23 292.35 (1) (am) "Financial assistance" means money, other than a loan, provided by a governmental unit that is not a responsible party to pay a portion of the cost of investigation and remedial action for a site or facility.

SB55-SSA1-CA1, s. 3262b Section 3262b. 292.35 (2) of the statutes is renumbered 292.35 (2) (intro.) and amended to read:

SB55-SSA1-CA1,831,4 292.35 (2) Applicability. (intro.) This section only applies to a site or facility if the one of the following criteria is satisfied:

SB55-SSA1-CA1,831,6 (a) The site or facility is owned by a local governmental unit. This section does not apply to a landfill until January 1, 1996.

SB55-SSA1-CA1, s. 3263b Section 3263b. 292.35 (2) (b) of the statutes is created to read:

SB55-SSA1-CA1,831,12 292.35 (2) (b) A local governmental unit that owns a portion of the site or facility commits itself, by resolution of its governing body, to paying more than 50% of the amount equal to the difference between the cost of investigation and remedial action for the site or facility and any financial assistance received for the site or facility.".

SB55-SSA1-CA1,831,14 1359. Page 1067, line 7: delete "municipalities" and substitute "the city of Platteville, the city of Fond du Lac and other municipalities that are".

SB55-SSA1-CA1,831,15 1360. Page 1067, line 14: delete that line and substitute:

SB55-SSA1-CA1,831,16 " Section 3324db. 292.77 (4) of the statutes is repealed and recreated to read:

SB55-SSA1-CA1,831,19 292.77 (4) During the 2001-03 fiscal biennium, the department shall make $150,000 available to the City of Platteville and $250,000 available to the City of Fond du Lac under sub. (2).".

SB55-SSA1-CA1,831,20 1361. Page 1068, line 2: after that line insert:

SB55-SSA1-CA1,831,21 " Section 3327q. 301.03 (2p) of the statutes is created to read:

SB55-SSA1-CA1,831,23 301.03 (2p) Offer the same level of alcohol or other drug abuse treatment to female inmates as to male inmates.".

SB55-SSA1-CA1,831,24 1362. Page 1068, line 2: after that line insert:

SB55-SSA1-CA1,832,1 " Section 3325k. 295.33 (4) of the statutes is amended to read:

SB55-SSA1-CA1,832,7 295.33 (4) No person may conduct drilling operations for the exploration for or production of oil or gas from if the drilling extends beneath the beds of the Great Lakes or bays or harbors that are adjacent to the Great Lakes, unless all drilling operations originate from locations above and on the landward side of the ordinary high-water mark and are conducted according to the terms of a written lease obtained from the department under, notwithstanding s. 30.20 (2) (b).".

SB55-SSA1-CA1,832,8 1363. Page 1068, line 2: after that line insert:

SB55-SSA1-CA1,832,9 " Section 3325q. 301.029 (2) (a) of the statutes is amended to read:

SB55-SSA1-CA1,832,15 301.029 (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 or to any personal identifying information, as defined in s. 943.201 (1) (b), of an individual who is not a prisoner.".

SB55-SSA1-CA1,832,16 1364. Page 1068, line 2: after that line insert:

SB55-SSA1-CA1,832,17 " Section 3327j. 301.03 (2t) of the statutes is created to read:

SB55-SSA1-CA1,832,19 301.03 (2t) Promote efficient use of resources for alcohol and other drug abuse intervention and treatment services by doing all of the following:

SB55-SSA1-CA1,832,22 (a) Developing one or more methods to evaluate the effectiveness of, and developing performance standards for, alcohol and other drug abuse intervention and treatment services that are administered by the department.

SB55-SSA1-CA1,833,3 (b) Adopting policies to ensure that, to the extent possible under state and federal law, funding for alcohol and other drug abuse intervention and treatment services that are administered by the department is distributed giving primary consideration to the effectiveness of the services in meeting department performance standards for alcohol and other drug abuse services.

SB55-SSA1-CA1,833,7 (c) Requiring every application for funding from the department for alcohol and other drug abuse intervention or treatment services to include a plan for the evaluation of the effectiveness of the services in reducing alcohol and other drug abuse by recipients of the services.

SB55-SSA1-CA1,833,10 (d) Requiring every person receiving funding from the department for alcohol and other drug abuse intervention or treatment services to provide the department the results of the evaluation conducted under par. (c).".

SB55-SSA1-CA1,833,11 1365. Page 1068, line 3: delete lines 3 to 9.

SB55-SSA1-CA1,833,12 1366. Page 1069, line 25: after that line insert:

SB55-SSA1-CA1,833,13 " Section 3329x. 301.03 (25) of the statutes is created to read:

SB55-SSA1-CA1,833,16 301.03 (25) Jointly, with the department of health and family services, develop a gender-specific program for addressing the individual treatment needs of female inmates.".

SB55-SSA1-CA1,833,17 1367. Page 1069, line 25: after that line insert:

SB55-SSA1-CA1,833,18 " Section 3330g. 301.03 (34) of the statutes is created to read:

SB55-SSA1-CA1,833,23 301.03 (34) Comply with guidelines established by the U.S. attorney general under 42 USC 13704 (2) in reporting, on a quarterly basis, information regarding the death of any person in the custody of the department, including inmates incarcerated in facilities located outside this state, and provide this information to the Wisconsin attorney general at the same time that it is submitted to the U.S. attorney general.".

SB55-SSA1-CA1,833,24 1368. Page 1069, line 25: after that line insert:

SB55-SSA1-CA1,834,1 " Section 3330e. 301.03 (32) of the statutes is created to read:

SB55-SSA1-CA1,834,7 301.03 (32) On its Internet web site that is accessible to the public, publish statistical information regarding adult corrections, including the total adult population; adult population in each institution; commitments to the adult correctional system; releases from the adult correctional system; average adult inmate sentence length; and offenses, race, gender, educational level, marital status, parental status, religion, and county of commitment of adult inmates.

SB55-SSA1-CA1, s. 3330f Section 3330f. 301.03 (33) of the statutes is created to read:

SB55-SSA1-CA1,834,14 301.03 (33) On its Internet web site that is accessible to the public, publish statistical information regarding juvenile corrections, including the total juvenile population; juvenile population in each institution; average juvenile population; admissions to the juvenile correctional system; releases from the juvenile correctional system; and offenses, race, gender, average age, and county of commitment of juveniles.".

SB55-SSA1-CA1,834,15 1369. Page 1069, line 25: after that line insert:

SB55-SSA1-CA1,834,16 " Section 3330c. 301.03 (30) of the statutes is created to read:

SB55-SSA1-CA1,834,20 301.03 (30) Create and maintain an inmate tracking system that includes the inmate's criminal history, medical and mental health history, alcohol and other drug abuse history, victimization history, violence history, education and vocational history, religion, marital status, and status of all of his or her children.

SB55-SSA1-CA1, s. 3330d Section 3330d. 301.03 (31) of the statutes is created to read:

SB55-SSA1-CA1,835,2 301.03 (31) Collect and maintain information that determines the number of inmates that return to prison due to a probation or parole revocation and whether the revocation is due to the inmate committing a new crime or violating a condition or rule of probation or parole.".

SB55-SSA1-CA1,835,3 1370. Page 1070, line 1: delete lines 1 to 9.

SB55-SSA1-CA1,835,4 1371. Page 1070, line 9: after that line insert:

SB55-SSA1-CA1,835,5 " Section 3333j. 301.047 of the statutes is created to read:

SB55-SSA1-CA1,835,12 301.047 Inmate rehabilitation and aftercare. (1) Program. The department may permit one or more nonprofit community-based organizations meeting the requirements of this section to operate an inmate rehabilitation program in any department facility if the department determines that operation of that program does not constitute a threat to the security of the facility or the safety of inmates or the public and that operation of the program is in the best interest of the inmates.

SB55-SSA1-CA1,835,16 (2) Program requirements. (a) An organization seeking to operate a rehabilitation program under sub. (1) shall submit to the department a detailed proposal for the operation of the program. The proposal shall include all of the following:

SB55-SSA1-CA1,835,18 1. A description of the services to be provided, including aftercare services, and a description of the geographic area in which aftercare services will be provided.

SB55-SSA1-CA1,835,20 2. A description of the activities to be undertaken and the approximate daily schedule of programming for inmates participating in the program.

SB55-SSA1-CA1,835,21 3. A statement of the qualifications of the individuals providing services.

SB55-SSA1-CA1,835,23 4. A statement of the organization's policies regarding eligibility of inmates to participate in the program.

SB55-SSA1-CA1,835,24 5. A statement of the goals of the program.

SB55-SSA1-CA1,836,2 6. A description of the methods by which the organization will evaluate the effectiveness of the program in attaining the goals under subd. 5.

SB55-SSA1-CA1,836,3 7. Any other information specified by the department.

SB55-SSA1-CA1,836,5 (b) An organization seeking to operate a rehabilitation program under sub. (1) shall agree in writing to all of the following:

SB55-SSA1-CA1,836,7 1. The organization may not receive compensation from the department for services provided in the rehabilitation program.

SB55-SSA1-CA1,836,9 2. The organization may not deny an inmate the opportunity to participate in the program for any reason related to the inmate's religious beliefs or nonbelief.

SB55-SSA1-CA1,836,10 3. An inmate may stop participating in the program at any time.

SB55-SSA1-CA1,836,13 4. Upon the inmate's release, the organization shall provide community-based aftercare services for each inmate who completes the program and who resides in the geographic area described in par. (a) 1.

SB55-SSA1-CA1,836,16 (3) Duties and authority of the department. (a) The department shall establish policies that provide an organization operating a rehabilitation program under sub. (1) reasonable access to inmates.

SB55-SSA1-CA1,836,20 (b) The department shall designate a specific portion of the facility for operation of a rehabilitation program, if one is established, under sub. (1). To the extent possible, inmates participating in the program shall be housed in the portion of the facility in which the program is operated.

SB55-SSA1-CA1,836,22 (c) The department may not require an inmate to participate in a rehabilitation program under sub. (1).

SB55-SSA1-CA1,837,2 (d) The department may not base any decision regarding an inmate's conditions of confinement, including discipline, or an inmate's eligibility for release, on an inmate's decision to participate or not to participate in a rehabilitation program under sub. (1).

SB55-SSA1-CA1,837,6 (e) The treatment of inmates, including the provision of housing, activities in which an inmate may participate, freedom of movement, and work assignments, shall be substantially the same for inmates who participate in a rehabilitation program under sub. (1) and inmates who do not participate in such a program.

SB55-SSA1-CA1,837,9 (f) The department may restrict an inmate's participation in a rehabilitation program under sub. (1) only if the restriction is necessary for the security of the facility or the safety of the inmates or the public.

SB55-SSA1-CA1,837,15 (g) The department may suspend or terminate operation of a rehabilitation program under sub. (1) if the organization operating the program fails to comply with any of the requirements under this section and shall suspend or terminate the operation of a program if the department determines that suspension or termination of the program is necessary for the security of the facility or the safety of the inmates or the public or is in the best interests of the inmates.

SB55-SSA1-CA1,837,21 (h) 1. Except as provided in subd. 2., if an organization operating a rehabilitation program under sub. (1) promotes or informs the department that the organization intends to promote sectarian worship, instruction, or proselytization in connection with the rehabilitation program, the department shall permit all other religious organizations meeting the requirements of this section to operate an inmate rehabilitation program under sub. (1).

SB55-SSA1-CA1,838,2 2. The department is not required under subd. 1. to permit a religious organization to operate an inmate rehabilitation program under sub. (1) if the department determines that the organization's operation of that program constitutes a threat to the security of the facility or the safety of the inmates or the public.

SB55-SSA1-CA1,838,11 (4) Evaluation. The department shall evaluate or contract with a public or private agency for an evaluation of the effectiveness of each rehabilitation program operated under sub. (1) in reducing recidivism and alcohol and other drug abuse among program participants. The department shall collect the data and information necessary to evaluate the program. No later than 3 years from the date on which the rehabilitation program begins operating, the department shall submit a report of the evaluation to the governor and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3).

SB55-SSA1-CA1,838,16 (5) Suspension or termination of an inmate's participation. Notwithstanding sub. (2) (b) 2., an organization operating a rehabilitation program under sub. (1) may suspend or terminate an inmate's participation in a program for reasons unrelated to religious beliefs, including the inmate's failure to participate meaningfully in the program.

SB55-SSA1-CA1, s. 3334j Section 3334j. 301.065 of the statutes is created to read: