SB44: Bill Text

SB44,957,13 2. Removing or containing environmental contamination and restoring the environment at an eligible site or facility.

SB44,957,16 (b) The department may award a grant under this section to an individual, partnership, limited liability company, corporation, nonprofit organization, or local governmental unit.

SB44,957,20 (c) The department may only award a grant under this section if the person that caused the environmental contamination that is the basis for the grant request is unknown, cannot be located or is financially unable to pay the cost of the eligible activities.

SB44,957,22 (3) Department duties. (a) The department shall promulgate rules for the program under this section that include all of the following:

SB44,958,2 1. A competitive scoring system for evaluating grant applications that, for grants under sub. (2) (a) 2., includes consideration of the severity of the risks posed by the contamination, the potential for economic development, the contribution to remediation of contamination affecting more than one property, and the potential for the creation of green spaces or the use for public facilities.

SB44,958,4 2. Provisions specifying the activities that may be covered by grants under this section.

SB44,958,5 3. Provisions for ensuring distribution of grant funds throughout the state.

SB44,958,7 4. Provisions for determining the percentage of costs to be paid through a grant, which may vary based on the financial circumstances of the applicant.

SB44,958,9 (b) The department shall inform applicants of other potential sources of funding for activities proposed in grant applications.

SB44, s. 2478 Section 2478. 292.75 of the statutes is repealed.

SB44, s. 2479 Section 2479. 292.77 of the statutes is repealed.

SB44, s. 2480 Section 2480. 292.79 of the statutes is repealed.

SB44, s. 2481 Section 2481. 292.94 of the statutes is created to read:

SB44,958,21 292.94 Fees related to enforcement actions. The department may assess and collect fees from a person who is subject to an order or other enforcement action for a violation of s. 292.11 or 292.31 to cover the costs incurred by the department to review the planning and implementation of any environmental investigation or environmental cleanup that the person is required to conduct. The department shall promulgate rules for the assessment and collection of fees under this section. Fees collected under this section shall be credited to the appropriation account under s. 20.370 (2) (dh).

SB44, s. 2482 Section 2482. 299.93 (3) of the statutes is amended to read:

SB44,959,3 299.93 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the environmental assessment prescribed in this section. If the deposit is forfeited, the amount of the environmental assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the environmental assessment shall also be returned.

SB44, s. 2483 Section 2483. 299.93 (4) of the statutes is amended to read:

SB44,959,10 299.93 (4) The clerk of the court shall collect and transmit to the county treasurer the environmental assessment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit the amount of the assessment in the environmental fund.

SB44, s. 2484 Section 2484. 301.025 of the statutes is amended to read:

SB44,959,16 301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, the juvenile boot camp program under s. 938.532, the serious juvenile offender program under s. 938.538, and youth aids.

SB44, s. 2485 Section 2485. 301.03 (18) (d) of the statutes is amended to read:

SB44,959,23 301.03 (18) (d) Compromise or waive all or part of the liability for services received as the department considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate. The sworn statement of the any collection and deportation counsel appointed under s. 301.12 (7), the department's legal counsel, or the secretary, shall be evidence of the services provided and the fees charged for those services.

SB44, s. 2486 Section 2486. 301.105 (intro.) of the statutes is amended to read:

SB44,960,5 301.105 Telephone company commissions. (intro.) The department shall collect moneys for commissions from telephone companies for contracts to provide telephone services to inmates. The department shall transmit those moneys to the state treasurer secretary of administration. The state treasurer secretary of administration shall do all of the following:

SB44, s. 2487 Section 2487. 301.12 (6) of the statutes is amended to read:

SB44,960,9 301.12 (6) The sworn statement of the any collection and deportation counsel appointed under sub. (7), of the department's legal counsel, or of the secretary, shall be evidence of the fee and of the care and services received by the resident.

SB44, s. 2488 Section 2488. 301.12 (7) of the statutes is amended to read:

SB44,960,23 301.12 (7) The department of corrections shall administer and enforce this section. The department On behalf of the department of corrections, the department of administration shall appoint an attorney to be designated "collection and deportation counsel" and." The department of corrections may appoint other necessary assistants. The department of corrections may delegate to the collection and deportation counsel such other powers and duties as the department considers advisable. The collection and deportation counsel or any of the assistants may administer oaths, take affidavits and testimony, examine public records, subpoena witnesses and the production of books, papers, records, and documents material to any matter of proceeding relating to payments for the cost of maintenance. The department of corrections shall encourage agreements or settlements with the liable person, having due regard to ability to pay and the present needs of lawful dependents.

SB44, s. 2489 Section 2489. 301.16 (1o) (b) of the statutes is amended to read:

SB44,961,11 301.16 (1o) (b) In the selection of classified service employees of the institution specified in par. (a), the appointing authority shall, whenever possible, use the expanded certification program under rules of the administrator of the division of merit recruitment and selection in the department of employment relations administration to ensure that employees of the institution reflect the general population of either the county in which the institution is located or the most populous county contiguous to the county in which the institution is located, whichever population is greater. The administrator of the division of merit recruitment and selection in the department of employment relations administration shall provide guidelines for the administration of this selection procedure.

SB44, s. 2490 Section 2490. 301.16 (1r) of the statutes is amended to read:

SB44,961,21 301.16 (1r) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution for persons 15 years of age or over, but not more than 21 24 years of age, who have been placed in a state prison under s. 302.01. The medium 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 400 450 at any one time.

SB44, s. 2491 Section 2491. 301.21 (2m) (b) of the statutes is amended to read:

SB44,962,2 301.21 (2m) (b) While in an institution in another state covered by a contract under this subsection, Wisconsin prisoners are subject to all provisions of law and regulation concerning the confinement of persons in that institution under the laws of that state, except as otherwise provided for by any contract entered into under this subsection.

SB44, s. 2492 Section 2492. 301.26 (4) (d) 2. of the statutes is amended to read:

SB44,962,11 301.26 (4) (d) 2. Beginning on July 1, 2001 2003, and ending on June 30, 2002 2004, the per person daily cost assessment to counties shall be $167.57 $190 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $167.57 $190 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $213 $225 for care in a residential care center for children and youth, $129 $142 for care in a group home for children, $41 $47 for care in a foster home, $81 $88 for care in a treatment foster home, $82.56 $88 for departmental corrective sanctions services, and $21.96 $25 for departmental aftercare services.

SB44, s. 2493 Section 2493. 301.26 (4) (d) 3. of the statutes is amended to read:

SB44,962,20 301.26 (4) (d) 3. Beginning on July 1, 2002 2004, and ending on June 30, 2003 2005, the per person daily cost assessment to counties shall be $172.51 $194 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $172.51 $194 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $226 $239 for care in a residential care center for children and youth, $135 $149 for care in a group home for children, $43 $49 for care in a foster home, $85 $92 for care in a treatment foster home, $84.50 $89 for departmental corrective sanctions services and $22.66 $26 for departmental aftercare services.

SB44, s. 2494 Section 2494. 301.26 (7) (intro.) of the statutes is amended to read:

SB44,963,2 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (3) (cd) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2001 2003, and ending on June 30, 2003 2005, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:

SB44, s. 2495 Section 2495. 301.26 (7) (a) of the statutes is amended to read:

SB44,963,7 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $43,615,200 $44,145,100 for the last 6 months of 2001, $87,760,300 for 2002 2003, $88,290,200 for 2004, and $44,145,100 for the first 6 months of 2003 2005.

SB44, s. 2496 Section 2496. 301.26 (7) (b) (intro.) of the statutes is amended to read:

SB44,963,12 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2001 2003, $4,000,000 for 2002 2004, and $2,000,000 for the first 6 months of 2003 2005 to counties based on each of the following factors weighted equally:

SB44, s. 2497 Section 2497. 301.26 (7) (c) of the statutes is amended to read:

SB44,963,20 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $523,300 for the last 6 months of 2001 2003, $1,576,600 for 2002 2004, and $1,053,300 for the first 6 months of 2003 2005 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

SB44, s. 2498 Section 2498. 301.26 (7) (e) of the statutes is amended to read:

SB44,964,2 301.26 (7) (e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 2001 2003, $250,000 for 2002 2004, and $125,000 for the first 6 months of 2003 2005. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

SB44, s. 2499 Section 2499. 301.26 (7) (h) of the statutes is amended to read:

SB44,964,13 301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 2001 2003, $2,124,800 in 2002 2004, and $1,062,400 in the first 6 months of 2003 2005 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

SB44, s. 2500 Section 2500. 301.26 (8) of the statutes is amended to read:

SB44,964,18 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 2001 2003, $1,333,400 in 2002 2004, and $666,700 in the first 6 months of 2003 2005 for alcohol and other drug abuse treatment programs.

SB44, s. 2501 Section 2501. 302.01 (1) (d) of the statutes is amended to read:

SB44,964,21 302.01 (1) (d) The correctional institution at Prairie du Chien authorized under 1997 Wisconsin Act 4, section 4 (1) (a) s. 301.16 (1u).

SB44, s. 2502 Section 2502. 302.045 (title) of the statutes is amended to read:

SB44,964,23 302.045 (title) Challenge incarceration program for youthful offenders.

SB44, s. 2503 Section 2503. 302.045 (1) of the statutes is amended to read:

SB44,965,12 302.045 (1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with strenuous physical exercise, manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony and, counseling, and strenuous physical exercise, for participants who have not attained the age of 30 as of the date on which they begin participating in the program, or age-appropriate strenuous physical exercise, for all other participants, in preparation for release on parole or extended supervision. The department shall design the program to include not less than 50 participants at a time and so that a participant may complete the program in not more than 180 days. The department may restrict participant privileges as necessary to maintain discipline.

SB44, s. 2504 Section 2504. 302.045 (2) (b) of the statutes is amended to read:

SB44,965,15 302.045 (2) (b) The inmate has not attained the age of 30, 40 as of the date the inmate will begin participating in the program.

SB44, s. 2505 Section 2505. 302.05 (3) of the statutes is created to read:

SB44,965,18 302.05 (3) (a) In this subsection, "eligible inmate" means an inmate to whom all of the following apply:

SB44,965,21 1. The inmate is incarcerated regarding a violation other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, or 948.095.

SB44,965,24 2. If the inmate is serving a bifurcated sentence imposed under s. 973.01, the sentencing court decided under par. (e) or s. 973.01 (3g) that the inmate is eligible to participate in the earned release program described in this subsection.

SB44,966,7 (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the treatment program described in sub. (1), the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole commission grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

SB44,966,12 (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed the treatment program described in sub. (1), the department shall inform the court that sentenced the inmate.

SB44,966,16 2. Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed the treatment program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:

SB44,966,20 a. The court shall reduce the term of confinement in prison portion of the inmate's bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days of the date on which the court receives the information from the department under subd. 1.

SB44,966,22 b. The court shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

SB44,966,25 (d) The department may place intensive sanctions program participants in the treatment program described in sub. (1), but pars. (b) and (c) do not apply to those participants.

SB44,967,12 (e) If an inmate is serving the term of confinement portion of a bifurcated sentence imposed under s. 973.01, the sentence was imposed before the effective date of this paragraph .... [revisor inserts date], and the inmate satisfies the criteria under par. (a) 1., the inmate may, with the department's approval, petition the sentencing court to determine whether he or she is eligible or ineligible to participate in the earned release program under this subsection during the term of confinement. The inmate shall serve a copy of the petition on the district attorney who prosecuted him or her, and the district attorney may file a written response. The court shall exercise its discretion in granting or denying the inmate's petition but must do so no later than 90 days after the inmate files the petition. If the court determines under this paragraph that the inmate is eligible to participate in the earned release program, the court shall inform the inmate of the provisions of par. (c).

SB44, s. 2506 Section 2506. 302.113 (2) of the statutes is amended to read:

SB44,967,18 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., or 973.195 (1r), if applicable.

SB44, s. 2507 Section 2507. 303.066 of the statutes is repealed.

SB44, s. 2508 Section 2508. 304.06 (1) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB44,968,11 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

SB44, s. 2509 Section 2509. 304.073 of the statutes is repealed.

SB44, s. 2510 Section 2510. 304.074 (1) of the statutes is repealed.

SB44, s. 2511 Section 2511. 304.074 (4) of the statutes is repealed.

SB44, s. 2512 Section 2512. 340.01 (7m) of the statutes is amended to read:

SB44,968,21 340.01 (7m) "Commercial driver license" means a license issued to a person by this state or another jurisdiction which is in accordance with the requirements of the federal commercial motor vehicle safety act of 1986, 49 USC 31301 to 31317, and the federal Motor Carrier Safety Improvement Act of 1999, P.L. 106-159, or by Canada or Mexico, and which authorizes the licensee to operate certain commercial motor vehicles.

SB44, s. 2513 Section 2513. 340.01 (13m) of the statutes is amended to read:

SB44,969,2 340.01 (13m) "Disqualification" means the loss or withdrawal of a person's privilege to operate a commercial motor vehicle relating to certain offenses committed by the person while driving or operating a motor vehicle or while on duty time with respect to a commercial motor vehicle.

SB44, s. 2514 Section 2514. 340.01 (46m) (a) of the statutes is amended to read:

SB44,969,6 340.01 (46m) (a) If the person has one or no 2 or fewer prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.1 0.08 or more.

SB44, s. 2515 Section 2515. 340.01 (46m) (b) of the statutes is repealed.

SB44, s. 2516 Section 2516. 341.25 (1) (a) of the statutes is amended to read:

SB44,969,11 341.25 (1) (a) For each automobile, a fee of $45 $55, except that an automobile registered in this state prior to September 1, 1947, at a fee of less than $18 shall be registered at such lesser fee plus an additional fee of $2.

SB44, s. 2517 Section 2517. 341.43 (2) of the statutes is amended to read: