AB100,997,24 20287.26 Business waste reduction and recycling assistance. The
21department may contract with a nonprofit organization for services to assist
22businesses to reduce the amount of solid waste generated or to reuse or recycle solid
23waste. The department may not provide more than $500,000 annually under a
24contract under this section.
AB100, s. 2199 25Section 2199. 289.645 (4) (e) of the statutes is created to read:
AB100,998,4
1289.645 (4) (e) 1. Subject to subd. 2., the recycling fee does not apply to waste
2material that is acquired during the normal course of recycling operations by a
3person that makes paper or paperboard from wastepaper, if the waste material
4cannot be used to make paper or paperboard.
AB100,998,85 2. The maximum weight of waste material to which the exemption in subd. 1.
6applies in a year is 5 percent of the weight of all waste material from the facility at
7which the person makes paper or paperboard from wastepaper that is disposed of in
8that year.
AB100, s. 2200 9Section 2200. 292.11 (7) (d) 1m. b. of the statutes is amended to read:
AB100,998,1310 292.11 (7) (d) 1m. b. An area designated by the local governmental unit if the
11area consists of 2 or more properties affected by a contiguous region of groundwater
12contamination or contains 2 or more properties that are brownfields, as defined in
13s. 560.60 (1v) 560.13 (1) (a).
AB100, s. 2201 14Section 2201. 292.255 of the statutes is amended to read:
AB100,998,19 15292.255 Report on brownfield efforts. The department of natural
16resources, the department of administration, and the department of commerce shall
17submit a report evaluating the effectiveness of this state's efforts to remedy the
18contamination of, and to redevelop, brownfields, as defined in s. 560.60 (1v) 560.13
19(1) (a)
.
AB100, s. 2202 20Section 2202. 292.57 (2) (b) of the statutes is amended to read:
AB100,998,2221 292.57 (2) (b) Any moneys collected under this subsection shall be credited to
22the appropriation account under s. 20.370 (2) (mi) (dh).
AB100, s. 2203 23Section 2203. 299.19 of the statutes is created to read:
AB100,999,4 24299.19 Processing electronic information. The department may
25promulgate rules specifying fees to cover the costs of electronically receiving and

1providing information under the programs in chs. 280 to 299 through agreements
2authorizing the electronic receipt and provision of information, as provided in ss.
3137.13, 137.15, and 137.25. The department shall consult with persons regulated
4under chs. 280 to 299 concerning rules under this section.
AB100, s. 2204 5Section 2204. 301.235 (2) (a) (intro.) of the statutes is amended to read:
AB100,999,136 301.235 (2) (a) (intro.) In order to provide new buildings and to enable the
7construction and financing thereof, to refinance indebtedness created by a nonprofit
8corporation for the purpose of providing a new building or buildings or additions or
9improvements thereto which are located on land owned by, or owned by the state and
10held for, the department or on lands of the institutions under the jurisdiction of the
11department or owned by the nonprofit corporation, or for any one or more of those
12purposes, but for no other purpose unless authorized by law, the department, subject
13to s. 16.848,
has the following powers and duties:
AB100, s. 2205 14Section 2205. 301.235 (2) (a) 1. of the statutes is amended to read:
AB100,999,2015 301.235 (2) (a) 1. Without limitation by reason of any other statute except s.
1616.848
, the power to sell and to convey title in fee simple to a nonprofit corporation
17any land and any existing buildings thereon owned by, or owned by the state and held
18for, the department or any of the institutions under the jurisdiction of the
19department for such consideration and upon such terms and conditions as in the
20judgment of the secretary are in the public interest.
AB100, s. 2206 21Section 2206. 301.24 (4) of the statutes is amended to read:
AB100,999,2522 301.24 (4) Sales. The Except where a sale occurs under s. 16.848, the
23department, with the approval of the building commission, may sell and convey such
24lands under the jurisdiction of the department as the secretary deems to be in excess
25of the present or future requirements of the department for either the operation of

1its facilities or programs, for the maintenance of buffer zones adjacent to its facilities
2or for other public purposes. The proceeds of the sales shall be credited to the state
3building trust fund.
AB100, s. 2207 4Section 2207. 301.24 (4m) of the statutes is amended to read:
AB100,1000,115 301.24 (4m) Correctional institution property disposition. In addition to
6any other requirements under this section, except where a sale occurs under s.
716.848,
the department may sell or otherwise transfer or dispose of the property
8acquired for the correctional institution under s. 46.05 (1o), 1985 stats., only if the
9sale, transfer or disposition is approved by the joint committee on finance. The
10department shall submit a plan for any such proposed sale, transfer or disposition
11to the committee.
AB100, s. 2208 12Section 2208. 301.25 of the statutes is amended to read:
AB100,1000,20 13301.25 Sewer system at Taycheedah Correctional Institution. The
14department, with the approval of the governor, may enter into an agreement
15containing terms, conditions and covenants approved by the building commission,
16to participate in the construction of a sanitary sewer system in the area adjacent to
17the Taycheedah Correctional Institution in the town of Taycheedah, Fond du Lac
18County; to connect the sewer system of the Taycheedah Correctional Institution
19thereto; to pay sewage disposal charges; and to grant easements or , subject to s.
2016.848,
convey land to meet construction requirements.
AB100, s. 2209 21Section 2209. 301.26 (4) (d) 2. of the statutes is amended to read:
AB100,1001,422 301.26 (4) (d) 2. Beginning on July 1, 2003 2005, and ending on June 30, 2004
232006, the per person daily cost assessment to counties shall be $183 $218 for care in
24a Type 1 secured correctional facility, as defined in s. 938.02 (19), $183 $218 for care
25for juveniles transferred from a juvenile correctional institution under s. 51.35 (3),

1$225 $227 for care in a residential care center for children and youth, $142 $170 for
2care in a group home for children, $47 $51 for care in a foster home, $88 $85 for care
3in a treatment foster home, $86 $89 for departmental corrective sanctions services,
4and $25 $27 for departmental aftercare services.
AB100, s. 2210 5Section 2210. 301.26 (4) (d) 3. of the statutes is amended to read:
AB100,1001,136 301.26 (4) (d) 3. Beginning on July 1, 2004 2006, and ending on June 30, 2005
72007, the per person daily cost assessment to counties shall be $187 $224 for care in
8a Type 1 secured correctional facility, as defined in s. 938.02 (19), $187 $224 for care
9for juveniles transferred from a juvenile correctional institution under s. 51.35 (3),
10$239 $235 for care in a residential care center for children and youth, $149 $179 for
11care in a group home for children, $49 $54 for care in a foster home, $92 $89 for care
12in a treatment foster home, $87 $91 for departmental corrective sanctions services,
13and $26 $27 for departmental aftercare services.
AB100, s. 2211 14Section 2211. 301.26 (7) (intro.) of the statutes is amended to read:
AB100,1001,1915 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability
16of federal funds and of the appropriations under s. 20.410 (3) (cd) and (ko), the
17department shall allocate funds for community youth and family aids for the period
18beginning on July 1, 2003 2005, and ending on June 30, 2005 2007, as provided in
19this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:
AB100, s. 2212 20Section 2212. 301.26 (7) (a) of the statutes is amended to read:
AB100,1001,2321 301.26 (7) (a) For community youth and family aids under this section,
22amounts not to exceed $44,145,100 for the last 6 months of 2003 2005, $88,290,200
23for 2004 2006, and $44,145,100 for the first 6 months of 2005 2007.
AB100, s. 2213 24Section 2213. 301.26 (7) (b) (intro.) of the statutes is amended to read:
AB100,1002,4
1301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall
2allocate $2,000,000 for the last 6 months of 2003 2005, $4,000,000 for 2004 2006, and
3$2,000,000 for the first 6 months of 2005 2007 to counties based on each of the
4following factors weighted equally:
AB100, s. 2214 5Section 2214. 301.26 (7) (c) of the statutes is amended to read:
AB100,1002,126 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate
7$1,053,200 for the last 6 months of 2003 2005, $2,106,500 for 2004 2006, and
8$1,053,300 for the first 6 months of 2005 2007 to counties based on each of the factors
9specified in par. (b) 1. to 3. weighted equally, except that no county may receive an
10allocation under this paragraph that is less than 93% nor more than 115% of the
11amount that the county would have received under this paragraph if the allocation
12had been distributed only on the basis of the factor specified in par. (b) 3.
AB100, s. 2215 13Section 2215. 301.26 (7) (e) of the statutes is amended to read:
AB100,1002,1814 301.26 (7) (e) For emergencies related to community youth and family aids
15under this section, amounts not to exceed $125,000 for the last 6 months of 2003
162005, $250,000 for 2004 2006, and $125,000 for the first 6 months of 2005 2007. A
17county is eligible for payments under this paragraph only if it has a population of not
18more than 45,000.
AB100, s. 2216 19Section 2216. 301.26 (7) (h) of the statutes is amended to read:
AB100,1003,420 301.26 (7) (h) For counties that are participating in the corrective sanctions
21program under s. 938.533 (2), $1,062,400 in the last 6 months of 2003 2005,
22$2,124,800 in 2004 2006, and $1,062,400 in the first 6 months of 2005 2007 for the
23provision of corrective sanctions services for juveniles from that county. In
24distributing funds to counties under this paragraph, the department shall determine
25a county's distribution by dividing the amount allocated under this paragraph by the

1number of slots authorized for the program under s. 938.533 (2) and multiplying the
2quotient by the number of slots allocated to that county by agreement between the
3department and the county. The department may transfer funds among counties as
4necessary to distribute funds based on the number of slots allocated to each county.
AB100, s. 2217 5Section 2217. 301.26 (8) of the statutes is amended to read:
AB100,1003,96 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the
7allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last
86 months of 2003 2005, $1,333,400 in 2004 2006, and $666,700 in the first 6 months
9of 2005 2007 for alcohol and other drug abuse treatment programs.
AB100, s. 2218 10Section 2218. 301.263 (title) of the statutes is repealed.
AB100, s. 2219 11Section 2219. 301.263 (1) of the statutes is renumbered 16.964 (11) (a) and
12amended to read:
AB100,1003,1613 16.964 (11) (a) From the appropriation under s. 20.410 (3) (f) 20.505 (6) (f), the
14department office shall distribute $3,750,000 in each year to counties for early
15intervention services for first offenders and for intensive community-based
16intervention services for seriously chronic offenders.
AB100, s. 2220 17Section 2220. 301.263 (2) of the statutes is renumbered 16.964 (11) (b) and
18amended to read:
AB100,1003,2219 16.964 (11) (b) To determine eligibility for a payment under sub. (1) par. (a), the
20department office shall require a county to submit a plan for the expenditure of that
21payment that ensures that the county targets the programs to be funded under that
22payment appropriately.
AB100, s. 2221 23Section 2221. 301.263 (3) of the statutes is renumbered 16.964 (11) (c) and
24amended to read:
AB100,1004,14
116.964 (11) (c) The department office shall distribute 33% of the amounts
2distributed under sub. (1) par. (a) based on each county's proportion of the violent
3Part I juvenile arrests reported statewide under the uniform crime reporting system
4of the office of justice assistance in the department of administration, during the
5most recent 2-year period for which that information is available. The department
6office shall distribute 33% of the amounts distributed under sub. (1) par. (a) based
7on each county's proportion of the number of juveniles statewide who are placed in
8a secured correctional facility, a secured child caring institution , or a secured group
9home during the most recent 2-year period for which that information is available.
10The department office shall distribute 34% of the amounts distributed under sub. (1)
11par. (a) based on each county's proportion of the total Part I juvenile arrests reported
12statewide under the uniform crime reporting system of the office of justice
13assistance
, during the most recent 2-year period for which that information is
14available.
AB100, s. 2222 15Section 2222. 301.32 (1) of the statutes is amended to read:
AB100,1005,1016 301.32 (1) Property delivered to warden or superintendent; credit and debit.
17All money and other property delivered to an employee of any state correctional
18institution for the benefit of a prisoner or resident shall be delivered to the warden
19or superintendent, who shall enter the property upon his or her accounts to the credit
20of the prisoner or resident. The property may be used only under the direction and
21with the approval of the superintendent or warden and for the crime victim and
22witness assistance surcharge under s. 973.045 (4), the child abuse prevention and
23child mental health surcharge under s. 973.044 (4),
the delinquency victim and
24witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid
25analysis surcharge under s. 973.046 or the benefit of the prisoner or resident. If the

1money remains uncalled for for one year after the prisoner's or resident's death or
2departure from the state correctional institution, the superintendent shall deposit
3it in the general fund. If any prisoner or resident leaves property, other than money,
4uncalled for at a state correctional institution for one year, the superintendent shall
5sell the property and deposit the proceeds in the general fund, donate the property
6to a public agency or private, nonprofit organization or destroy the property. If any
7person satisfies the department, within 5 years after the deposit, of his or her right
8to the deposit, the department shall direct the department of administration to draw
9its warrant in favor of the claimant and it shall charge the same to the appropriation
10made by s. 20.913 (3) (bm).
AB100, s. 2223 11Section 2223. 301.45 (10) of the statutes is created to read:
AB100,1005,1612 301.45 (10) The department may require a person who must register as a sex
13offender and who is in its custody or on probation, parole, or extended supervision
14to pay an annual fee to partially offset its costs in monitoring persons on probation,
15parole, or extended supervision. The department shall establish any such fee by rule,
16but the fee may not exceed $50.
AB100, s. 2224 17Section 2224. 301.46 (4) (a) 2. of the statutes is amended to read:
AB100,1005,2018 301.46 (4) (a) 2. A day care provider that holds a license under s. 48.65 49.98,
19that is certified under s. 48.651 49.156, that holds a probationary license under s.
2048.65 49.99, or that is established or contracted for under s. 120.13 (14).
AB100, s. 2225 21Section 2225. 302.04 of the statutes is amended to read:
AB100,1006,3 22302.04 Duties of warden and superintendents. The Except as provided in
23s. 16.848, the
warden or the superintendent of each state prison shall have charge
24and custody of the prison and all lands, belongings, furniture, implements, stock and
25provisions and every other species of property within the same or pertaining thereto.

1The warden or superintendent shall enforce the regulations rules of the department
2for the administration of the prison and for the government of its officers and the
3discipline of its inmates.
AB100, s. 2226 4Section 2226. 302.05 (1) of the statutes is renumbered 302.05 (1) (a), and
5302.05 (1) (a) (intro.), as renumbered, is amended to read:
AB100,1006,136 302.05 (1) (a) (intro.) The department of corrections and the department of
7health and family services may designate a section of a mental health institute as
8a correctional treatment facility for the treatment of substance abuse of inmates
9transferred from Wisconsin state prisons. This section shall be administered by the
10department of corrections and shall be known as the Wisconsin substance abuse
11program
. The department of corrections and the department of health and family
12services shall ensure that the residents at the institution and the residents in the
13substance abuse program:
AB100, s. 2227 14Section 2227. 302.05 (1) (b) of the statutes is created to read:
AB100,1006,1715 302.05 (1) (b) The department of corrections may designate all or part of any
16state prison as a correctional treatment facility and provide, at that facility,
17programs for treating the abuse of alcohol or other drugs by inmates.
AB100, s. 2228 18Section 2228. 302.05 (3) (b) of the statutes is amended to read:
AB100,1006,2519 302.05 (3) (b) Except as provided in par. (d), if the department determines that
20an eligible inmate serving a sentence other than one imposed under s. 973.01 has
21successfully completed the a treatment program described in sub. (1), the parole
22commission shall parole the inmate for that sentence under s. 304.06, regardless of
23the time the inmate has served. If the parole commission grants parole under this
24paragraph, it shall require the parolee to participate in an intensive supervision
25program for drug abusers as a condition of parole.
AB100, s. 2229
1Section 2229. 302.05 (3) (c) 1. of the statutes is amended to read:
AB100,1007,62 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines
3that an eligible inmate serving the term of confinement in prison portion of a
4bifurcated sentence imposed under s. 973.01 has successfully completed the a
5treatment program described in sub. (1), the department shall inform the court that
6sentenced the inmate.
AB100, s. 2230 7Section 2230. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
AB100,1007,118 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd.
91. that an inmate whom the court sentenced under s. 973.01 has successfully
10completed the a treatment program described in sub. (1), the court shall modify the
11inmate's bifurcated sentence as follows:
AB100, s. 2231 12Section 2231. 302.05 (3) (d) of the statutes is amended to read:
AB100,1007,1513 302.05 (3) (d) The department may place intensive sanctions program
14participants in the a treatment program described in sub. (1), but pars. (b) and (c)
15do not apply to those participants.
AB100, s. 2232 16Section 2232. 302.12 (2) of the statutes is amended to read:
AB100,1007,2217 302.12 (2) Money accruing under this section remains under the control of the
18department, to be used for the crime victim and witness assistance surcharge under
19s. 973.045 (4), the child abuse prevention and child mental health surcharge under
20s. 973.044 (4),
the deoxyribonucleic acid analysis surcharge under s. 973.046, and the
21benefit of the inmate or the inmate's family or dependents, under rules promulgated
22by the department as to time, manner and amount of disbursements.
AB100, s. 2233 23Section 2233. 302.13 of the statutes is amended to read:
AB100,1008,5 24302.13 Preservation of property an inmate brings to prison. The
25department shall preserve money and effects, except clothes, in the possession of an

1inmate when admitted to the prison and, subject to the crime victim and witness
2assistance surcharge under s. 973.045 (4), the child abuse prevention and child
3mental health surcharge under s. 973.044 (4),
and the deoxyribonucleic acid analysis
4surcharge under s. 973.046, shall restore the money and effects to the inmate when
5discharged.
AB100, s. 2234 6Section 2234. 303.01 (2) (em) of the statutes is repealed.
AB100, s. 2235 7Section 2235. 303.01 (8) (b) of the statutes is amended to read:
AB100,1008,178 303.01 (8) (b) The department shall distribute earnings of an inmate or
9resident, other than an inmate or resident employed under sub. (2) (em), for the crime
10victim and witness assistance surcharge under s. 973.045 (4), the child abuse
11prevention and child mental health surcharge under s. 973.044 (4),
for the
12delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), for the
13deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance
14with s. 303.06 (2) and may distribute earnings for the support of the inmate's or
15resident's dependents and for other obligations either acknowledged by the inmate
16or resident in writing or which have been reduced to judgment that may be satisfied
17according to law.
AB100, s. 2236 18Section 2236. 303.01 (8) (c) of the statutes is repealed.
AB100, s. 2237 19Section 2237. 303.01 (8) (d) of the statutes is repealed.
AB100, s. 2238 20Section 2238. 303.01 (8) (e) of the statutes is repealed.
AB100, s. 2239 21Section 2239. 303.01 (11) of the statutes is repealed.
AB100, s. 2240 22Section 2240. 303.06 (3) of the statutes is repealed.
AB100, s. 2241 23Section 2241. 303.065 (5) (bo) of the statutes is created to read:
AB100,1008,2524 303.065 (5) (bo) Payment of the child abuse prevention and child mental health
25surcharge under s. 973.044 (4).
AB100, s. 2242
1Section 2242. 303.21 (1) (b) of the statutes is amended to read:
AB100,1009,102 303.21 (1) (b) Inmates are included under par. (a) if they are participating in
3a structured work program away from the institution grounds under s. 302.15 or a
4secure work program under s. 303.063. Inmates are not included under par. (a) if
5they are employed in a prison industry under s. 303.06 (2), participating in a work
6release program under s. 303.065 (2), participating in employment with a private
7business under s. 303.01 (2) (em)
or participating in the transitional employment
8program, but they are eligible for worker's compensation benefits under ch. 102.
9Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are
10eligible for worker's compensation benefits under ch. 102.
AB100, s. 2243 11Section 2243. 341.09 (2m) (a) 1., 2. and 3. and (d) of the statutes are amended
12to read:
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