AB100: Bill Text

AB100,997,24 287.26 Business waste reduction and recycling assistance. The department may contract with a nonprofit organization for services to assist businesses to reduce the amount of solid waste generated or to reuse or recycle solid waste. The department may not provide more than $500,000 annually under a contract under this section.

AB100, s. 2199 Section 2199. 289.645 (4) (e) of the statutes is created to read:

AB100,998,4 289.645 (4) (e) 1. Subject to subd. 2., the recycling fee does not apply to waste material that is acquired during the normal course of recycling operations by a person that makes paper or paperboard from wastepaper, if the waste material cannot be used to make paper or paperboard.

AB100,998,8 2. The maximum weight of waste material to which the exemption in subd. 1. applies in a year is 5 percent of the weight of all waste material from the facility at which the person makes paper or paperboard from wastepaper that is disposed of in that year.

AB100, s. 2200 Section 2200. 292.11 (7) (d) 1m. b. of the statutes is amended to read:

AB100,998,13 292.11 (7) (d) 1m. b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 560.60 (1v) 560.13 (1) (a).

AB100, s. 2201 Section 2201. 292.255 of the statutes is amended to read:

AB100,998,19 292.255 Report on brownfield efforts. The department of natural resources, the department of administration, and the department of commerce shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 560.60 (1v) 560.13 (1) (a).

AB100, s. 2202 Section 2202. 292.57 (2) (b) of the statutes is amended to read:

AB100,998,22 292.57 (2) (b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (mi) (dh).

AB100, s. 2203 Section 2203. 299.19 of the statutes is created to read:

AB100,999,4 299.19 Processing electronic information. The department may promulgate rules specifying fees to cover the costs of electronically receiving and providing information under the programs in chs. 280 to 299 through agreements authorizing the electronic receipt and provision of information, as provided in ss. 137.13, 137.15, and 137.25. The department shall consult with persons regulated under chs. 280 to 299 concerning rules under this section.

AB100, s. 2204 Section 2204. 301.235 (2) (a) (intro.) of the statutes is amended to read:

AB100,999,13 301.235 (2) (a) (intro.) In order to provide new buildings and to enable the construction and financing thereof, to refinance indebtedness created by a nonprofit corporation for the purpose of providing a new building or buildings or additions or improvements thereto which are located on land owned by, or owned by the state and held for, the department or on lands of the institutions under the jurisdiction of the department or owned by the nonprofit corporation, or for any one or more of those purposes, but for no other purpose unless authorized by law, the department, subject to s. 16.848, has the following powers and duties:

AB100, s. 2205 Section 2205. 301.235 (2) (a) 1. of the statutes is amended to read:

AB100,999,20 301.235 (2) (a) 1. Without limitation by reason of any other statute except s. 16.848, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.

AB100, s. 2206 Section 2206. 301.24 (4) of the statutes is amended to read:

AB100,999,25 301.24 (4) Sales. The Except where a sale occurs under s. 16.848, the department, with the approval of the building commission, may sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of the sales shall be credited to the state building trust fund.

AB100, s. 2207 Section 2207. 301.24 (4m) of the statutes is amended to read:

AB100,1000,11 301.24 (4m) Correctional institution property disposition. In addition to any other requirements under this section, except where a sale occurs under s. 16.848, the department may sell or otherwise transfer or dispose of the property acquired for the correctional institution under s. 46.05 (1o), 1985 stats., only if the sale, transfer or disposition is approved by the joint committee on finance. The department shall submit a plan for any such proposed sale, transfer or disposition to the committee.

AB100, s. 2208 Section 2208. 301.25 of the statutes is amended to read:

AB100,1000,20 301.25 Sewer system at Taycheedah Correctional Institution. The department, with the approval of the governor, may enter into an agreement containing terms, conditions and covenants approved by the building commission, to participate in the construction of a sanitary sewer system in the area adjacent to the Taycheedah Correctional Institution in the town of Taycheedah, Fond du Lac County; to connect the sewer system of the Taycheedah Correctional Institution thereto; to pay sewage disposal charges; and to grant easements or , subject to s. 16.848, convey land to meet construction requirements.

AB100, s. 2209 Section 2209. 301.26 (4) (d) 2. of the statutes is amended to read:

AB100,1001,4 301.26 (4) (d) 2. Beginning on July 1, 2003 2005, and ending on June 30, 2004 2006, the per person daily cost assessment to counties shall be $183 $218 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $183 $218 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $225 $227 for care in a residential care center for children and youth, $142 $170 for care in a group home for children, $47 $51 for care in a foster home, $88 $85 for care in a treatment foster home, $86 $89 for departmental corrective sanctions services, and $25 $27 for departmental aftercare services.

AB100, s. 2210 Section 2210. 301.26 (4) (d) 3. of the statutes is amended to read:

AB100,1001,13 301.26 (4) (d) 3. Beginning on July 1, 2004 2006, and ending on June 30, 2005 2007, the per person daily cost assessment to counties shall be $187 $224 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $187 $224 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $239 $235 for care in a residential care center for children and youth, $149 $179 for care in a group home for children, $49 $54 for care in a foster home, $92 $89 for care in a treatment foster home, $87 $91 for departmental corrective sanctions services, and $26 $27 for departmental aftercare services.

AB100, s. 2211 Section 2211. 301.26 (7) (intro.) of the statutes is amended to read:

AB100,1001,19 301.26 (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, 2003 2005, and ending on June 30, 2005 2007, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB100, s. 2212 Section 2212. 301.26 (7) (a) of the statutes is amended to read:

AB100,1001,23 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $44,145,100 for the last 6 months of 2003 2005, $88,290,200 for 2004 2006, and $44,145,100 for the first 6 months of 2005 2007.

AB100, s. 2213 Section 2213. 301.26 (7) (b) (intro.) of the statutes is amended to read:

AB100,1002,4 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2003 2005, $4,000,000 for 2004 2006, and $2,000,000 for the first 6 months of 2005 2007 to counties based on each of the following factors weighted equally:

AB100, s. 2214 Section 2214. 301.26 (7) (c) of the statutes is amended to read:

AB100,1002,12 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2003 2005, $2,106,500 for 2004 2006, and $1,053,300 for the first 6 months of 2005 2007 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.

AB100, s. 2215 Section 2215. 301.26 (7) (e) of the statutes is amended to read:

AB100,1002,18 301.26 (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 2003 2005, $250,000 for 2004 2006, and $125,000 for the first 6 months of 2005 2007. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

AB100, s. 2216 Section 2216. 301.26 (7) (h) of the statutes is amended to read:

AB100,1003,4 301.26 (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 2003 2005, $2,124,800 in 2004 2006, and $1,062,400 in the first 6 months of 2005 2007 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.

AB100, s. 2217 Section 2217. 301.26 (8) of the statutes is amended to read:

AB100,1003,9 301.26 (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 2003 2005, $1,333,400 in 2004 2006, and $666,700 in the first 6 months of 2005 2007 for alcohol and other drug abuse treatment programs.

AB100, s. 2218 Section 2218. 301.263 (title) of the statutes is repealed.

AB100, s. 2219 Section 2219. 301.263 (1) of the statutes is renumbered 16.964 (11) (a) and amended to read:

AB100,1003,16 16.964 (11) (a) From the appropriation under s. 20.410 (3) (f) 20.505 (6) (f), the department office shall distribute $3,750,000 in each year to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.

AB100, s. 2220 Section 2220. 301.263 (2) of the statutes is renumbered 16.964 (11) (b) and amended to read:

AB100,1003,22 16.964 (11) (b) To determine eligibility for a payment under sub. (1) par. (a), the department office shall require a county to submit a plan for the expenditure of that payment that ensures that the county targets the programs to be funded under that payment appropriately.

AB100, s. 2221 Section 2221. 301.263 (3) of the statutes is renumbered 16.964 (11) (c) and amended to read:

AB100,1004,14 16.964 (11) (c) The department office shall distribute 33% of the amounts distributed under sub. (1) par. (a) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department office shall distribute 33% of the amounts distributed under sub. (1) par. (a) based on each county's proportion of the number of juveniles statewide who are placed in a secured correctional facility, a secured child caring institution , or a secured group home during the most recent 2-year period for which that information is available. The department office shall distribute 34% of the amounts distributed under sub. (1) par. (a) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance, during the most recent 2-year period for which that information is available.

AB100, s. 2222 Section 2222. 301.32 (1) of the statutes is amended to read:

AB100,1005,10 301.32 (1) Property delivered to warden or superintendent; credit and debit. All money and other property delivered to an employee of any state correctional institution for the benefit of a prisoner or resident shall be delivered to the warden or superintendent, who shall enter the property upon his or her accounts to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the child abuse prevention and child mental health surcharge under s. 973.044 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the state correctional institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at a state correctional institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund, donate the property to a public agency or private, nonprofit organization or destroy the property. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

AB100, s. 2223 Section 2223. 301.45 (10) of the statutes is created to read:

AB100,1005,16 301.45 (10) The department may require a person who must register as a sex offender and who is in its custody or on probation, parole, or extended supervision to pay an annual fee to partially offset its costs in monitoring persons on probation, parole, or extended supervision. The department shall establish any such fee by rule, but the fee may not exceed $50.

AB100, s. 2224 Section 2224. 301.46 (4) (a) 2. of the statutes is amended to read:

AB100,1005,20 301.46 (4) (a) 2. A day care provider that holds a license under s. 48.65 49.98, that is certified under s. 48.651 49.156, that holds a probationary license under s. 48.65 49.99, or that is established or contracted for under s. 120.13 (14).

AB100, s. 2225 Section 2225. 302.04 of the statutes is amended to read:

AB100,1006,3 302.04 Duties of warden and superintendents. The Except as provided in s. 16.848, the warden or the superintendent of each state prison shall have charge and custody of the prison and all lands, belongings, furniture, implements, stock and provisions and every other species of property within the same or pertaining thereto. The warden or superintendent shall enforce the regulations rules of the department for the administration of the prison and for the government of its officers and the discipline of its inmates.

AB100, s. 2226 Section 2226. 302.05 (1) of the statutes is renumbered 302.05 (1) (a), and 302.05 (1) (a) (intro.), as renumbered, is amended to read:

AB100,1006,13 302.05 (1) (a) (intro.) The department of corrections and the department of health and family services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health and family services shall ensure that the residents at the institution and the residents in the substance abuse program:

AB100, s. 2227 Section 2227. 302.05 (1) (b) of the statutes is created to read:

AB100,1006,17 302.05 (1) (b) The department of corrections may designate all or part of any state prison as a correctional treatment facility and provide, at that facility, programs for treating the abuse of alcohol or other drugs by inmates.

AB100, s. 2228 Section 2228. 302.05 (3) (b) of the statutes is amended to read:

AB100,1006,25 302.05 (3) (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 a 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.

AB100, s. 2229 Section 2229. 302.05 (3) (c) 1. of the statutes is amended to read:

AB100,1007,6 302.05 (3) (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 a treatment program described in sub. (1), the department shall inform the court that sentenced the inmate.

AB100, s. 2230 Section 2230. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

AB100,1007,11 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed the a treatment program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:

AB100, s. 2231 Section 2231. 302.05 (3) (d) of the statutes is amended to read:

AB100,1007,15 302.05 (3) (d) The department may place intensive sanctions program participants in the a treatment program described in sub. (1), but pars. (b) and (c) do not apply to those participants.

AB100, s. 2232 Section 2232. 302.12 (2) of the statutes is amended to read:

AB100,1007,22 302.12 (2) Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under s. 973.045 (4), the child abuse prevention and child mental health surcharge under s. 973.044 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046, and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements.

AB100, s. 2233 Section 2233. 302.13 of the statutes is amended to read:

AB100,1008,5 302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4), the child abuse prevention and child mental health surcharge under s. 973.044 (4), and the deoxyribonucleic acid analysis surcharge under s. 973.046, shall restore the money and effects to the inmate when discharged.

AB100, s. 2234 Section 2234. 303.01 (2) (em) of the statutes is repealed.

AB100, s. 2235 Section 2235. 303.01 (8) (b) of the statutes is amended to read:

AB100,1008,17 303.01 (8) (b) The department shall distribute earnings of an inmate or resident, other than an inmate or resident employed under sub. (2) (em), for the crime victim and witness assistance surcharge under s. 973.045 (4), the child abuse prevention and child mental health surcharge under s. 973.044 (4), for the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), for the deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may distribute earnings for the support of the inmate's or resident's dependents and for other obligations either acknowledged by the inmate or resident in writing or which have been reduced to judgment that may be satisfied according to law.

AB100, s. 2236 Section 2236. 303.01 (8) (c) of the statutes is repealed.

AB100, s. 2237 Section 2237. 303.01 (8) (d) of the statutes is repealed.

AB100, s. 2238 Section 2238. 303.01 (8) (e) of the statutes is repealed.

AB100, s. 2239 Section 2239. 303.01 (11) of the statutes is repealed.

AB100, s. 2240 Section 2240. 303.06 (3) of the statutes is repealed.

AB100, s. 2241 Section 2241. 303.065 (5) (bo) of the statutes is created to read:

AB100,1008,25 303.065 (5) (bo) Payment of the child abuse prevention and child mental health surcharge under s. 973.044 (4).

AB100, s. 2242 Section 2242. 303.21 (1) (b) of the statutes is amended to read:

AB100,1009,10 303.21 (1) (b) Inmates are included under par. (a) if they are participating in a structured work program away from the institution grounds under s. 302.15 or a secure work program under s. 303.063. Inmates are not included under par. (a) if they are employed in a prison industry under s. 303.06 (2), participating in a work release program under s. 303.065 (2), participating in employment with a private business under s. 303.01 (2) (em) or participating in the transitional employment program, but they are eligible for worker's compensation benefits under ch. 102. Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are eligible for worker's compensation benefits under ch. 102.

AB100, s. 2243 Section 2243. 341.09 (2m) (a) 1., 2. and 3. and (d) of the statutes are amended to read: