Amendment SA1-SSA1-SB40

SB40-SSA1-SA1,271,6 " Section 3088d. 289.645 (6) of the statutes is amended to read:

SB40-SSA1-SA1,271,8 289.645 (6) Use of recycling fees. The fees collected under sub. (2) shall be deposited in the recycling and renewable energy fund.".

SB40-SSA1-SA1,271,9 533. Page 1354, line 3: substitute "$10" for "$6".

SB40-SSA1-SA1,271,13 534. Page 1354, line 9: after "July 1, 2007," insert " 85 cents per ton for solid waste disposed of after July 1, 2007, and before October 1, 2007, or the first day of the 3rd month beginning after the effective date of this paragraph .... [revisor inserts date], whichever is later,".

SB40-SSA1-SA1,271,16 535. Page 1354, line 10: delete "July 1, 2007" and substitute "October 1, 2007, or the first day of the 3rd month beginning after the effective date of this paragraph .... [revisor inserts date], whichever is later".

SB40-SSA1-SA1,271,17 536. Page 1356, line 8: after that line insert:

SB40-SSA1-SA1,271,18 " Section 3094h. 292.68 of the statutes is created to read:

SB40-SSA1-SA1,271,20 292.68 Reimbursement for disposal of PCB contaminated sediment. (1) Definitions. In this section:

SB40-SSA1-SA1,272,2 (a) "Disposal costs" means the costs of transporting PCB contaminated sediment to a hazardous waste disposal facility, the fees for disposing of the PCB contaminated sediment in the hazardous waste disposal facility, and the cost of any permits that an applicant is required to obtain in order to transport and dispose of the PCB contaminated sediment.

SB40-SSA1-SA1,272,5 (b) "PCB contaminated sediment" means sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater and that is dredged from the bed or bank of a navigable water in this state.

SB40-SSA1-SA1,272,9 (2) Program. The department shall administer a program to provide reimbursement to certain responsible parties for a portion of costs incurred for disposing of PCB contaminated sediment at an out-of-state hazardous waste disposal facility, as provided in this section.

SB40-SSA1-SA1,272,14 (3) Eligible person. A person is eligible for the program under this section if the person is a responsible party, under s. 292.11 or 42 USC 9601 to 9675, for the remediation of PCB contaminated sediment or has entered into a consent decree with the department or the federal environmental protection agency under which the person undertakes the remediation of PCB contaminated sediment.

SB40-SSA1-SA1,272,16 (4) Application. A person may seek reimbursement under this section by submitting an application to the department that contains all of the following:

SB40-SSA1-SA1,272,19 (a) Test results that show that the sediment on which the application is based contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-SSA1-SA1,272,21 (b) Documentation showing that the applicant is an eligible person under sub. (3).

SB40-SSA1-SA1,272,24 (c) Documentation showing that the PCB contaminated sediment was transported to and disposed of at a licensed hazardous waste disposal facility outside of this state and that disposal occurred on or after May 1, 2007.

SB40-SSA1-SA1,273,4 (d) Documentation showing the disposal costs, including information concerning the length and other terms of any contract for the disposal of the PCB contaminated sediment, and showing any other costs that the department determines to be reasonably necessary and attributable to the out-of-state disposal.

SB40-SSA1-SA1,273,8 (e) An estimate, in accordance with sub. (5), of what the disposal costs would be using a facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-SSA1-SA1,273,12 (5) Estimate of in-state disposal costs. (a) If there is a facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater, an applicant shall make the estimate required by sub. (4) (e) using the disposal costs for that facility.

SB40-SSA1-SA1,273,16 (b) Except as provided in par. (c), if there is no facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater, an applicant shall make the estimate required by sub. (4) (e) in one of the following ways:

SB40-SSA1-SA1,273,22 1. Based on the costs of disposing of PCB contaminated sediment at facilities in other states, other than the facility that the applicant uses for disposal of the contaminated sediments, that are comparable to a facility that, if constructed in this state, would meet the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-SSA1-SA1,274,2 2. Based on the costs of constructing and operating a facility in this state that would meet the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-SSA1-SA1,274,7 (c) If there is no facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater and if the department has accepted, within 2 years of the date that an applicant submits an application, an estimate required by sub. (4) (e) using the method under par. (b) 1., the applicant may use that estimate to satisfy sub. (4) (e).

SB40-SSA1-SA1,274,10 (d) If an applicant is required to make an estimate under par. (b), the applicant shall include in the application an explanation of the method used to estimate the cost of transporting the PCB contaminated sediment to a facility in this state.

SB40-SSA1-SA1,274,14 (6) Notification of completeness. When the department receives an application under sub. (4), the department shall notify the claimant whether the application is complete and, if the application is not complete, the information that the applicant must submit to complete the application.

SB40-SSA1-SA1,274,22 (7) Decision on application. (a) Subject to pars. (b) and (c), the department shall approve a complete application that complies with sub. (4) and the rules promulgated under sub. (11) if the department determines that the disposal costs incurred by the applicant and any other costs that the department determines to be reasonably necessary and attributable to the out-of-state disposal exceed what the disposal costs would be using a facility in this state that meets the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-SSA1-SA1,274,25 (b) The department may only approve reimbursement for costs incurred on or after the first day of the 24th month before the month in which the application is submitted.

SB40-SSA1-SA1,275,2 (c) The department shall deny an application if the department determines that the application is fraudulent.

SB40-SSA1-SA1,275,9 (8) Reimbursement. (a) Except as provided in par. (b), if the department approves an application under sub. (4), the department shall, within 60 days of receiving the complete application, pay the applicant an amount equal to 95 percent of the amount by which the sum of the approved costs exceeds what the disposal costs would be using a facility in this state that meets the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-SSA1-SA1,275,12 (b) If the amount determined under par. (a) exceeds the amount available in the appropriation account under 20.370 (6) (ev), the department shall pay the excess when additional funds become available.

SB40-SSA1-SA1,275,20 (9) Review of decision. (a) No later than the 30th day after the day on which the department approves or denies an application under sub. (4), the applicant may submit a petition for reconsideration to the secretary. The secretary shall issue a decision on whether to grant the petition no later than the 20th day after the day on which the applicant submits the petition. If the secretary grants the petition, the secretary shall meet with the applicant and employees of the department and shall issue a decision on the reconsideration no later than the 30th day after the day of the meeting.

SB40-SSA1-SA1,275,25 (b) No later than the 30th day after the day on which the department approves or denies an application under sub. (4) or, if the applicant petitioned for reconsideration under par. (a), no later than the 30th day after the day on which the secretary denied the petition or issued a decision on reconsideration, the applicant may request a contested case hearing under ch. 227.

SB40-SSA1-SA1,276,8 (c) No later than the 30th day after the day on which the department approves or denies an application under sub. (4) or, if the applicant petitioned for reconsideration under par. (a), no later than the 30th day after the day on which the secretary denied the petition or issued a decision on reconsideration, or, if the applicant requested a contested case hearing under ch. 227, no later than the 30th day after the day on which the final decision on the contested case is issued, an applicant may petition for judicial review of the department's decision on the application.

SB40-SSA1-SA1,276,13 (10) Effect of program. (a) The availability of reimbursement under this section is not a bar to any other statutory or common law remedy for a responsible party to recover costs of disposing of PCB contaminated sediment. A responsible party is not required to seek reimbursement under this section before seeking any other statutory or common law remedy.

SB40-SSA1-SA1,276,15 (b) Findings and conclusions under this section are not admissible in any civil action.

SB40-SSA1-SA1,276,17 (11) Rules. The department shall promulgate rules specifying procedures for the submission, review, and approval of claims under this section.".

SB40-SSA1-SA1,276,18 537. Page 1357, line 17: after that line insert:

SB40-SSA1-SA1,276,19 " Section 3100. 301.03 (3) of the statutes is amended to read:

SB40-SSA1-SA1,277,6 301.03 (3) Administer parole, extended supervision and probation matters, except that the decision to grant or deny parole or to grant or terminate extended supervision under s. 304.06 (1) (b) to inmates shall be made by the parole earned release review commission and the decision to revoke probation, extended supervision or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and persons placed on extended supervision to partially offset the costs of the program.".

SB40-SSA1-SA1,277,7 538. Page 1357, line 23: after that line insert:

SB40-SSA1-SA1,277,8 " Section 3101. 301.0465 (3) (a) 4. of the statutes is amended to read:

SB40-SSA1-SA1,277,11 301.0465 (3) (a) 4. He or she is serving an indeterminate sentence and the parole earned release review commission has authorized his or her release on parole within the next 6 months.

SB40-SSA1-SA1, s. 3102 Section 3102. 301.048 (2) (am) 3. of the statutes is amended to read:

SB40-SSA1-SA1,277,15 301.048 (2) (am) 3. The parole earned release review commission grants him or her parole under s. 304.06 and requires his or her participation in the program as a condition of parole under s. 304.06 (1x).".

SB40-SSA1-SA1,277,16 539. Page 1358, line 18: after that line insert:

SB40-SSA1-SA1,277,17 " Section 3106. 301.21 (1m) (c) of the statutes is amended to read:

SB40-SSA1-SA1,277,22 301.21 (1m) (c) Any hearing to consider parole or whether to grant or terminate extended supervision, if the prisoner is sentenced under s. 973.01 for a Class F to a Class I felony to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin parole earned release review commission under rules of the department.

SB40-SSA1-SA1, s. 3107 Section 3107. 301.21 (2m) (c) of the statutes is amended to read:

SB40-SSA1-SA1,278,5 301.21 (2m) (c) Any hearing to consider parole or whether to grant or terminate extended supervision, if the prisoner is sentenced under s. 973.01 for a Class F to a Class I felony, to which a prisoner confined under a contract under this subsection may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin parole earned release review commission under rules of the department.".

SB40-SSA1-SA1,278,6 540. Page 1371, line 16: delete "has received" and substitute "receives".

SB40-SSA1-SA1,278,7 541. Page 1374, line 20: after that line insert:

SB40-SSA1-SA1,278,8 " Section 3167. 302.045 (3) of the statutes is amended to read:

SB40-SSA1-SA1,278,16 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the parole earned release review commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. When the parole earned release review commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.".

SB40-SSA1-SA1,278,17 542. Page 1375, line 2: after that line insert:

SB40-SSA1-SA1,278,18 " Section 3169. 302.05 (3) (b) of the statutes is amended to read:

SB40-SSA1-SA1,279,2 302.05 (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 a treatment program described in sub. (1), the parole earned release review commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole earned release review 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.

SB40-SSA1-SA1, s. 3170 Section 3170. 302.11 (1g) (b) (intro.) of the statutes is amended to read:

SB40-SSA1-SA1,279,11 302.11 (1g) (b) (intro.) Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under par. (am), the parole earned release review commission shall proceed under s. 304.06 (1) to consider whether to deny presumptive mandatory release to the inmate. If the parole earned release review commission does not deny presumptive mandatory release, the inmate shall be released on parole. The parole earned release review commission may deny presumptive mandatory release to an inmate only on one or more of the following grounds:

SB40-SSA1-SA1, s. 3171 Section 3171. 302.11 (1g) (b) 2. of the statutes is amended to read:

SB40-SSA1-SA1,279,19 302.11 (1g) (b) 2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06 (1q) (a). The parole earned release review commission may not deny presumptive mandatory release to an inmate because of the inmate's refusal to participate in a rehabilitation program under s. 301.047.

SB40-SSA1-SA1, s. 3172 Section 3172. 302.11 (1g) (c) of the statutes is amended to read:

SB40-SSA1-SA1,279,24 302.11 (1g) (c) If the parole earned release review commission denies presumptive mandatory release to an inmate under par. (b), the parole earned release review commission shall schedule regular reviews of the inmate's case to consider whether to parole the inmate under s. 304.06 (1).

SB40-SSA1-SA1, s. 3173 Section 3173. 302.11 (1g) (d) of the statutes is amended to read:

SB40-SSA1-SA1,280,3 302.11 (1g) (d) An inmate may seek review of a decision by the parole earned release review commission relating to the denial of presumptive mandatory release only by the common law writ of certiorari.

SB40-SSA1-SA1, s. 3174 Section 3174. 302.11 (1m) of the statutes is amended to read:

SB40-SSA1-SA1,280,7 302.11 (1m) An inmate serving a life term is not entitled to mandatory release. Except as provided in ss. 939.62 (2m) (c) and 973.014, the parole earned release review commission may parole the inmate as specified in s. 304.06 (1).

SB40-SSA1-SA1, s. 3175 Section 3175. 302.11 (7) (c) of the statutes is amended to read:

SB40-SSA1-SA1,280,11 302.11 (7) (c) The parole earned release review commission may subsequently parole, under s. 304.06 (1), and the department may subsequently parole, under s. 304.02, a parolee who is returned to prison for violation of a condition of parole.

SB40-SSA1-SA1, s. 3176 Section 3176. 302.113 (2) of the statutes is amended to read:

SB40-SSA1-SA1,280,18 302.113 (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, or as adjusted by the earned release review commission under s. 304.06 (1) (b).".

SB40-SSA1-SA1,280,19 543. Page 1375, line 2: after that line insert:

SB40-SSA1-SA1,280,20 " Section 3177. 302.113 (8m) (b) of the statutes is amended to read:

SB40-SSA1-SA1,281,6 302.113 (8m) (b) If a person released to extended supervision under this section signs a statement admitting a violation of a condition or rule of extended supervision, the department may, as a sanction for the violation, confine the person for up to 90 days in a facility owned or operated by the department, in a regional detention facility or, with the approval of the sheriff, in a county jail, in a Huber facility under s. 303.09, or in a work camp under s. 303.10. If the department confines the person in a county jail under this paragraph, the department shall reimburse the county for its actual costs in confining the person from the appropriations under s. 20.410 (1) (ab) and (b). Notwithstanding s. 302.43, the person is not eligible to earn good time credit on any period of confinement imposed under this subsection.".

SB40-SSA1-SA1,281,7 544. Page 1376, line 15: after that line insert:

SB40-SSA1-SA1,281,8 " Section 3181. 304.01 (title) of the statutes is amended to read:

SB40-SSA1-SA1,281,10 304.01 (title) Parole Earned release review commission and commission chairperson; general duties.

SB40-SSA1-SA1, s. 3182 Section 3182. 304.01 (1) of the statutes is amended to read:

SB40-SSA1-SA1,281,15 304.01 (1) The chairperson of the parole earned release review commission shall administer and supervise the commission and its activities and shall be the final parole granting authority for granting parole, release to extended supervision, or termination of extended supervision, except as provided in s. 304.02 or 973.195.

SB40-SSA1-SA1, s. 3183 Section 3183. 304.01 (2) (intro.) of the statutes is amended to read:

SB40-SSA1-SA1,281,23 304.01 (2) (intro.) The parole earned release review commission shall conduct regularly scheduled interviews to consider the parole or release to extended supervision of eligible inmates of the adult correctional institutions under the control of the department of corrections, eligible inmates transferred under ch. 51 and under the control of the department of health and family services and eligible inmates in any county house of correction. The department of corrections shall provide all of the following to the parole earned release review commission:

SB40-SSA1-SA1, s. 3184 Section 3184. 304.01 (2) (b) of the statutes is amended to read:

SB40-SSA1-SA1,282,3 304.01 (2) (b) Scheduling assistance for parole interviews for prisoners who have applied for parole or release to extended supervision at the correctional institutions.

SB40-SSA1-SA1, s. 3185 Section 3185. 304.01 (2) (c) of the statutes is amended to read:

SB40-SSA1-SA1,282,6 304.01 (2) (c) Clerical support related to the parole interviews for prisoners who have applied for parole or release to extended supervision.

SB40-SSA1-SA1, s. 3186 Section 3186. 304.01 (2) (d) of the statutes is amended to read:

SB40-SSA1-SA1,282,10 304.01 (2) (d) Appropriate physical space at the correctional institutions to conduct the parole interviews for prisoners who have applied for parole or release to extended supervision.

SB40-SSA1-SA1, s. 3187 Section 3187. 304.06 (title) of the statutes is amended to read:

SB40-SSA1-SA1,282,13 304.06 (title) Paroles Release to parole or extended supervision from state prisons and house of correction; termination of extended supervision.

SB40-SSA1-SA1, s. 3188 Section 3188. 304.06 (1) (b) of the statutes is amended to read: