Amendment ASA1-AB40

AB40-ASA1,1209,18 b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration.

AB40-ASA1,1209,20 c. The solid waste materials were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster.

AB40-ASA1,1209,23 d. The solid waste materials were removed as part of the disaster recovery effort and were segregated from other solid wastes when delivered to the solid waste disposal facility.

AB40-ASA1, s. 2986 Section 2986. 292.11 (2) (e) of the statutes is amended to read:

AB40-ASA1,1210,3 292.11 (2) (e) The department shall report notifications that it receives under this subsection related to discharges from petroleum storage tanks, as defined in s. 101.144 (1) (bm), to the department of commerce safety and professional services.

AB40-ASA1, s. 2987 Section 2987. 292.11 (7) (d) 1m. b. of the statutes is amended to read:

AB40-ASA1,1210,8 292.11 (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. 560.13 238.13 (1) (a).

AB40-ASA1, s. 2988 Section 2988. 292.12 (1) (a) of the statutes is amended to read:

AB40-ASA1,1210,15 292.12 (1) (a) "Agency with administrative authority" means the department of agriculture, trade and consumer protection with respect to a site over which it has jurisdiction under s. 94.73 (2), the department of commerce safety and professional services with respect to a site over which it has jurisdiction under s. 101.144 (2) (a), or the department of natural resources with respect to a site over which it has jurisdiction under s. 292.11 (7).

AB40-ASA1, s. 2989 Section 2989. 292.255 of the statutes is amended to read:

AB40-ASA1,1210,21 292.255 Report on brownfield efforts. The department of natural resources, the department of administration, and the department of commerce Wisconsin Economic Development Corporation 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. 560.13 238.13 (1) (a).

AB40-ASA1, s. 2990 Section 2990. 292.33 (6) of the statutes is amended to read:

AB40-ASA1,1211,4 292.33 (6) Exception. A local governmental unit may not recover costs under this section for remedial activities conducted on a property or portion of a property with respect to a discharge after the department of natural resources, the department of commerce safety and professional services, or the department of agriculture, trade and consumer protection has indicated that no further remedial activities are necessary on the property or portion of the property with respect to the discharge.

AB40-ASA1, s. 2990r Section 2990r. 292.75 of the statutes is renumbered 238.133, and 238.133 (2), (3) (intro.), (4), (5) (intro.) and (c), (6) and (7), as renumbered, are amended to read:

AB40-ASA1,1211,10 238.133 (2) Duties of the department corporation. (a) The department corporation shall administer a program to award brownfield site assessment grants from the appropriation under s. 20.370 (6) (et) 20.192 (1) (s) to local governmental units for the purposes of conducting any of the eligible activities under sub. (3).

AB40-ASA1,1211,13 (b) The department corporation may not award a grant to a local governmental unit under this section if that local governmental unit caused the environmental contamination that is the basis for the grant request.

AB40-ASA1,1211,17 (c) The department corporation may only award grants 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.

AB40-ASA1,1211,21 (d) The department corporation shall promulgate rules establish criteria as necessary to administer the program. Rules promulgated by the department The corporation under this paragraph may limit the total amount of funds that may be used to cover the costs of each category of eligible activity described in sub. (3).

AB40-ASA1,1211,23 (3) Eligible activities. (intro.) The department corporation may award grants to local governmental units to cover the costs of the following activities:

AB40-ASA1,1212,3 (4) Application for grant. The applicant shall submit an application on a form prescribed by the department corporation and shall include any information that the department corporation finds necessary to calculate the amount of a grant.

AB40-ASA1,1212,5 (5) Grant criteria. (intro.) The department corporation shall consider the following criteria when determining whether to award a grant:

AB40-ASA1,1212,7 (c) Other criteria that the department corporation finds necessary to calculate the amount of a grant.

AB40-ASA1,1212,11 (6) Limitation of grant. The total amount of all grants awarded to a local governmental unit in a fiscal year under this section shall be limited to an amount equal to 15% of the available funds appropriated under s. 20.370 (6) (et) 20.192 (1) (s) for the fiscal year.

AB40-ASA1,1212,15 (7) Matching funds. The department corporation may not distribute a grant unless the applicant contributes matching funds equal to 20% of the grant. Matching funds may be in the form of cash or in-kind contribution or both that exceeds 67 percent of eligible project costs.

AB40-ASA1, s. 2991b Section 2991b. 292.79 of the statutes is repealed.

AB40-ASA1, s. 2992 Section 2992. 293.11 of the statutes is amended to read:

AB40-ASA1,1213,4 293.11 Mine effect responsibility. The department shall serve as the central unit of state government to ensure that the air, lands, waters, plants, fish and wildlife affected by prospecting or mining in this state will receive the greatest practicable degree of protection and reclamation. The administration of occupational health and safety laws and rules that apply to mining shall remain exclusively the responsibility of the department of commerce safety and professional services. The powers and duties of the geological and natural history survey under s. 36.25 (6) shall remain exclusively the responsibility of the geological and natural history survey. Nothing in this section prevents the department of commerce safety and professional services and the geological and natural history survey from cooperating with the department in the exercise of their respective powers and duties.

AB40-ASA1, s. 2993 Section 2993. 299.13 (1m) (intro.) of the statutes is amended to read:

AB40-ASA1,1213,9 299.13 (1m) Promotion of pollution prevention. (intro.) In carrying out the duties under this section and ss. s. 36.25 (30) and 560.19, the department, the department of commerce and the center shall promote all of the following techniques for pollution prevention:

AB40-ASA1, s. 2993p Section 2993p. 299.49 (2) (d) 2. of the statutes is amended to read:

AB40-ASA1,1213,14 299.49 (2) (d) 2. Subdivision 1. does not apply to the sale of a mercury-added product listed in subd. 1. a. to i. if use of the product is required under federal law or if the only mercury-added component in the product is a button cell battery, other than a mercuric oxide button cell battery.

AB40-ASA1, s. 2994 Section 2994. 299.83 (8) (f) of the statutes is amended to read:

AB40-ASA1,1213,21 299.83 (8) (f) The department and the department of commerce safety and professional services shall jointly provide information about participation contracts and environmental management systems to potential participants in the program and to other interested persons. The department shall consult with the department of commerce safety and professional services about the administration of the program.

AB40-ASA1, s. 2995 Section 2995. 301.03 (3) of the statutes is amended to read:

AB40-ASA1,1214,11 301.03 (3) Administer parole, extended supervision, and probation matters, except that the decision to grant or deny parole or to grant extended supervision under s. 304.06 (1) to inmates shall be made by the earned release review parole 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 may discharge inmates from extended supervision under s. 973.01 (4m) and may modify a bifurcated sentence under s. 302.113 (9h), and the earned release review commission may modify a sentence under s. 302.1135. 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.

AB40-ASA1, s. 2995h Section 2995h. 301.03 (5d) of the statutes is created to read:

AB40-ASA1,1214,16 301.03 (5d) Ensure that the superintendent or other person in charge of each state correctional institution designates a person to meet with correctional officers employed at the institution to discuss potential or ongoing safety concerns at the institution and to develop solutions to the concerns.

AB40-ASA1, s. 2995k Section 2995k. 301.03 (5h) of the statutes is created to read:

AB40-ASA1,1214,20 301.03 (5h) Develop, with the assistance of the office of state employment relations, a policy for staff assignments that shall consider an employee's seniority when assigning shifts.

AB40-ASA1, s. 2996 Section 2996. 301.048 (2) (am) 3. of the statutes is amended to read:

AB40-ASA1,1214,24 301.048 (2) (am) 3. The earned release review parole 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).

AB40-ASA1, s. 2997 Section 2997. 301.21 (1m) (c) of the statutes is amended to read:

AB40-ASA1,1215,4 301.21 (1m) (c) Any hearing to consider parole or whether to grant extended supervision, if the inmate is sentenced under s. 973.01 to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin earned release review parole commission under rules of the department.

AB40-ASA1, s. 2998 Section 2998. 301.21 (2m) (c) of the statutes is amended to read:

AB40-ASA1,1215,10 301.21 (2m) (c) Any hearing to consider parole or whether to grant extended supervision, if the prisoner is sentenced under s. 973.01 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 earned release review parole commission under rules of the department.

AB40-ASA1, s. 2999 Section 2999. 301.26 (3) (c) of the statutes is amended to read:

AB40-ASA1,1215,14 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko), the department shall allocate funds to each county for services under this section.

AB40-ASA1, s. 3000 Section 3000. 301.26 (4) (b) of the statutes is amended to read:

AB40-ASA1,1216,5 301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2. and, 3., and 4. Except as provided in pars. (bm), (c), and (cm), liability shall apply to county departments under s. 46.21, 46.22, or 46.23 in the county of the court exercising jurisdiction under chs. 48 and 938 for each person receiving services from the department of corrections under s. 48.366, 938.183, or 938.34 or the department of health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections under ss. 48.366, 938.183, and 938.34 and the department of health services under s. 46.057 or 51.35 (3).

AB40-ASA1, s. 3001 Section 3001. 301.26 (4) (cm) 3. of the statutes is amended to read:

AB40-ASA1,1216,10 301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2. and, 3., and 4. for juvenile correctional services.

AB40-ASA1, s. 3002 Section 3002. 301.26 (4) (ct) of the statutes is created to read:

AB40-ASA1,1216,22 301.26 (4) (ct) 1. Subject to subd. 2. and notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, if there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close of a fiscal year, any unencumbered balance in the appropriation account under s. 20.410 (3) (ho) at the close of that fiscal year, less the amounts required by s. 20.410 (3) (ho) to be remitted to counties or transferred to the appropriation account under s. 20.410 (3) (kx), and any unencumbered balance in the appropriation account under s. 20.410 (3) (hr) at the close of that fiscal year, shall be transferred to the appropriation account under s. 20.410 (3) (hm), up to the amount that when added to other amounts credited to that appropriation account in that fiscal year equals the amount shown in the schedule under s. 20.005 (3) for that appropriation account for that fiscal year.

AB40-ASA1,1217,4 2. The total amount transferred at the end of a fiscal year under subd. 1. may not exceed the amount of the deficit in the appropriation account under s. 20.410 (3) (hm) for that fiscal year, and if that deficit is less than the total amount of the unencumbered balances available for transfer under subd. 1., the amount transferred from the appropriation accounts under s. 20.410 (3) (ho) and (hr) shall be in proportion to the respective unencumbered balance available for transfer from each of those appropriation accounts.

AB40-ASA1, s. 3002m Section 3002m. 301.26 (4) (cx) of the statutes is created to read:

AB40-ASA1,1217,13 301.26 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close of a fiscal biennium, the governor shall, to address that deficit, increase each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile correctional institution and for care for juveniles transferred from a correctional institution by $17, in addition to any increase due to actual costs, in the executive budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) (hm) is eliminated.

AB40-ASA1, s. 3003 Section 3003. 301.26 (4) (d) 2. of the statutes is amended to read:

AB40-ASA1,1217,23 301.26 (4) (d) 2. Beginning on January July 1, 2010 2011, and ending on June 30, 2010 2012, the per person daily cost assessment to counties shall be $270 $284 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $270 $284 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $298 for care in a residential care center for children and youth, $190 for care in a group home for children, $72 for care in a foster home, $124 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $101 $99 for departmental corrective sanctions services, and $40 for departmental aftercare services.

AB40-ASA1, s. 3004 Section 3004. 301.26 (4) (d) 3. of the statutes is amended to read:

AB40-ASA1,1218,9 301.26 (4) (d) 3. Beginning on July 1, 2010 2012, and ending on June 30, 2011 2013, the per person daily cost assessment to counties shall be $275 $289 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $275 $289 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $313 for care in a residential care center for children and youth, $200 for care in a group home for children, $75 for care in a foster home, $130 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $103 $100 for departmental corrective sanctions services, and $41 $40 for departmental aftercare services.

AB40-ASA1, s. 3005 Section 3005. 301.26 (4) (d) 4. of the statutes is created to read:

AB40-ASA1,1218,14 301.26 (4) (d) 4. The per person daily cost assessment to counties for care in a foster home, group home, or residential care center for children and youth shall be an amount equal to the amount the provider charges the department for that care as authorized by the department of children and families.

AB40-ASA1, s. 3006 Section 3006. 301.26 (6) (a) of the statutes is amended to read:

AB40-ASA1,1218,19 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko) for purposes described in this section.

AB40-ASA1, s. 3007 Section 3007. 301.26 (7) (intro.) of the statutes is amended to read:

AB40-ASA1,1219,2 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2009 2011, and ending on June 30, 2011 2013, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB40-ASA1, s. 3008 Section 3008. 301.26 (7) (a) of the statutes is amended to read:

AB40-ASA1,1219,7 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $50,395,100 $45,478,000 for the last 6 months of 2009 2011, $100,790,200 $90,956,100 for 2010 2012, and $50,395,100 $45,478,100 for the first 6 months of 2011 2013.

AB40-ASA1, s. 3009 Section 3009. 301.26 (7) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1219,12 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2009 2011, $4,000,000 for 2010 2012, and $2,000,000 for the first 6 months of 2011 2013 to counties based on each of the following factors weighted equally:

AB40-ASA1, s. 3010 Section 3010. 301.26 (7) (bm) of the statutes is amended to read:

AB40-ASA1,1219,19 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2009 2011, $12,500,000 for 2010 2012, and $6,250,000 for the first 6 months of 2011 2013 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility during the most recent 3-year period for which that information is available.

AB40-ASA1, s. 3011 Section 3011. 301.26 (7) (c) of the statutes is amended to read:

AB40-ASA1,1220,2 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2009 2011, $2,106,500 for 2010 2012, and $1,053,300 for the first 6 months of 2011 2013 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.

AB40-ASA1, s. 3012 Section 3012. 301.26 (7) (e) of the statutes is amended to read:

AB40-ASA1,1220,8 301.26 (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 2009 2011, $250,000 for 2010 2012, and $125,000 for the first 6 months of 2011 2013. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

AB40-ASA1, s. 3013 Section 3013. 301.26 (7) (h) of the statutes is amended to read:

AB40-ASA1,1220,19 301.26 (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 2009 2011, $2,124,800 in 2010 2012, and $1,062,400 in the first 6 months of 2011 2013 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.

AB40-ASA1, s. 3014 Section 3014. 301.26 (8) of the statutes is amended to read:

AB40-ASA1,1220,24 301.26 (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 2009 2011, $1,333,400 in 2010 2012, and $666,700 in the first 6 months of 2011 2013 for alcohol and other drug abuse treatment programs.

AB40-ASA1, s. 3014m Section 3014m. 301.328 (1m) of the statutes is created to read:

AB40-ASA1,1221,6 301.328 (1m) No prisoner may receive more than $100 annually in litigation loans, except that any amount of the debt the prisoner repays during the year may be advanced to the prisoner again without counting against the $100 litigation loan limit. No prisoner may receive a litigation loan in any amount until he or she has repaid a prior loan in full or has made arrangements for repayment with the warden of the institution.

AB40-ASA1, s. 3017 Section 3017. 302.045 (1) of the statutes is amended to read:

AB40-ASA1,1221,23 302.045 (1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony, 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 program shall provide, according to each participant's needs as assessed under sub. (2) (d), substance abuse treatment and education, including intensive intervention when indicated, personal development counseling, education, employment readiness training, and other treatment options that are directly related to the participant's criminal behavior. The department shall design the program to include not less fewer 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.

AB40-ASA1, s. 3018 Section 3018. 302.045 (2) (d) of the statutes is repealed and recreated to read:

AB40-ASA1,1222,2 302.045 (2) (d) The department determines, during assessment and evaluation, that the inmate has a substance abuse problem.

AB40-ASA1, s. 3019 Section 3019. 302.045 (3) of the statutes is amended to read:

AB40-ASA1,1222,11 302.045 (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 earned release review parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. When the earned release review parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program appropriate to the parolee's rehabilitation needs for drug abusers as a condition of parole.

AB40-ASA1, s. 3020 Section 3020. 302.045 (3m) (d) of the statutes is repealed.