a. “Provider" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), and that contracts under this section to provide client services on the basis of a unit rate per client service or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that contracts under this section to provide client services on the basis of a unit rate per client service.
b. “Rate-based service" means a service or a group of services, as determined by the department, that is reimbursed through a prospectively set rate and that is distinguishable from other services or groups of services by the purpose for which funds are provided for that service or group of services and by the source of funding for that service or group of services.
2. If revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the contract shall allow the provider to retain from the surplus up to 5 percent of the revenue received under the contract unless a uniform rate is established by rule under subd. 6., in which case the contract shall allow the provider to retain the uniform percentage rate established by the rule. The retained surplus is the property of the provider.
3. If on December 31 of any year the provider's accumulated surplus from all contract periods ending during that year for a rate-based service exceeds the allowable retention rate under subd. 2., the provider shall provide written notice of that excess to all purchasers of the rate-based service. Upon the written request of such a purchaser received no later than 6 months after the date of the notice, the provider shall refund the purchaser's proportional share of that excess. If the department determines based on an audit or fiscal review that the amount of the excess identified by the provider was incorrect, the department may seek to recover funds after the 6-month period has expired. The department shall commence any audit or fiscal review under this subdivision within 6 years after the end of the contract period.
4. Notwithstanding subd. 2., a county department under s. 46.215 providing client services in a county having a population of 750,000 or more or a nonstock, nonprofit corporation providing client services in such a county may not retain a surplus generated by a rate-based service or accumulate funds from more than one contract period for a rate-based service from revenues that are used to meet the maintenance-of-effort requirement under the federal temporary assistance for needy families program under
42 USC 601 to
619.
5. All providers that are subject to this paragraph shall comply with any financial reporting and auditing requirements that the department may prescribe. Those requirements shall include a requirement that a provider provide to any purchaser and the department any information that the department needs to claim federal reimbursement for the cost of any services purchased from the provider and a requirement that a provider provide audit reports to any purchaser and the department according to standards specified in the provider's contract and any other standards that the department may prescribe.
6. The department, in consultation with the department of health services and the department of children and families, shall promulgate rules to implement this paragraph including all of the following:
a. Requiring that contracts for rate-based services under this subsection allow a provider to retain from any surplus revenue up to 5 percent of the total revenue received under the contract, or a different percentage rate determined by the department. The percentage rate established under this subd. 6. a. shall apply uniformly to all rate-based service contracts under this paragraph.
b. Establishing a procedure for reviewing rate-based service contracts to determine whether a contract complies with the provisions of this paragraph.
59,1851
Section 1851
. 301.16 (1r) of the statutes is amended to read:
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 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 450 500 at any one time.
59,1851g
Section 1851g. 301.16 (1ww) of the statutes is created to read:
301.16 (1ww) In addition to the institutions under sub. (1), the department shall establish a geriatric correctional institution, as enumerated in 2017 Wisconsin Act .... (this act), section 9104 (1) (c) 1. d.
59,1851r
Section 1851r. 301.18 (1) (h) of the statutes is created to read:
301.18 (1) (h) Provide the facilities necessary for the geriatric correctional institution established under s. 301.16 (1ww).
301.26 (4) (d) 2. Beginning on July 1, 2017, and ending on June 30, 2018, the per person daily cost assessment to counties shall be $390 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $390 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).
301.26 (4) (d) 3. Beginning on July 1, 2018, and ending on June 30, 2019, the per person daily cost assessment to counties shall be $397 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $397 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).
59,1855m
Section 1855m. 302.01 (1) (k) of the statutes is created to read:
302.01 (1) (k) The geriatric correctional institution authorized under s. 301.16 (1ww).
59,1856c
Section 1856c. 302.05 (title) of the statutes is amended to read:
302.05 (title) Wisconsin substance abuse rehabilitation program.
59,1856e
Section 1856e. 302.05 (1) (am) (intro.) and (b) of the statutes are consolidated, renumbered 302.05 (1) and amended to read:
302.05 (1) The department of corrections and the department of health 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 services shall ensure that the residents at the institution and the residents in the substance abuse program: (b) The department of corrections and the department of health services shall, at any correctional facility the departments determine department determines is appropriate, provide a substance abuse treatment rehabilitation program for inmates for the purposes of the program described in sub. (3).
59,1856f
Section 1856f. 302.05 (1) (am) 1. and 2. of the statutes are repealed.
59,1856g
Section 1856g. 302.05 (2) of the statutes is amended to read:
302.05 (2) Transfer to a correctional treatment facility for the treatment of substance abuse participation in a rehabilitation program described in sub. (1) shall be considered a transfer under s. 302.18.
59,1857b
Section 1857b. 302.05 (3) (b) of the statutes is amended to read:
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 rehabilitation 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 appropriate to the parolee's rehabilitation needs as a condition of parole.
59,1857c
Section 1857c. 302.05 (3) (c) 1. of the statutes is amended to read:
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 a treatment rehabilitation program described in sub. (1), the department shall inform the court that sentenced the inmate.
59,1857e
Section 1857e. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
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 a treatment rehabilitation program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:
59,1857f
Section 1857f. 302.05 (3) (d) of the statutes is amended to read:
302.05 (3) (d) The department may place intensive sanctions program participants in a treatment
rehabilitation program described in sub. (1), but pars. (b) and (c) do not apply to those participants.
59,1857h
Section 1857h. 302.05 (3) (e) of the statutes is amended to read:
302.05 (3) (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 July 26, 2003 the effective date of this paragraph .... [LRB 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).
59,1892c
Section 1892c. 323.29 (title) of the statutes is created to read:
323.29 (title) Statewide public safety interoperable communication system.
59,1892g
Section 1892g. 323.29 (1) (title) of the statutes is created to read:
323.29 (1) (title) Definitions.
59,1892L
Section 1892L. 323.29 (1) (am) of the statutes is created to read:
323.29 (1) (am) “Department” means the department of military affairs.
59,1892p
Section 1892p. 323.29 (3) (title) of the statutes is created to read:
323.29 (3) (title) Department duties and powers.
59,1892s
Section 1892s. 323.29 (3) (a) (intro.) of the statutes is created to read:
323.29 (3) (a) (intro.) The department shall do all of the following:
59,1892t
Section 1892t. 323.29 (3) (a) 2. of the statutes is created to read:
323.29 (3) (a) 2. During the 2017-19 fiscal biennium, conduct a request for proposals regarding a statewide public safety interoperable communication system. The department shall require the submitted proposals to include all costs associated with their fulfillment, including costs to the state and local governments.
59,1892x
Section 1892x. 323.29 (4) of the statutes is created to read:
323.29 (4) Director of emergency communications. The adjutant general shall appoint a director of emergency communications within the division to serve at the pleasure of the adjutant general outside the classified service. The position shall be funded from the appropriation under s. 20.465 (3) (q).
59,1893
Section 1893
. 323.62 of the statutes is created to read:
323.62 Mobile field force grants. From the appropriation under s. 20.465 (3) (dm), the division may award grants to Wisconsin law enforcement agencies, as defined in s. 165.77 (1) (c), to fund crowd-control training and equipment used for crowd control.
59,1893s
Section 1893s. 323.70 (6m) of the statutes is created to read:
323.70 (6m) From the appropriation under s. 20.465 (3) (df), the division may award grants to local agencies with which the division contracts under sub. (2). A grant awarded under this subsection shall be used to fund the replacement of equipment used in emergency responses to releases of hazardous substances under this section.
59,1894
Section 1894
. 341.14 (6r) (b) 10. of the statutes is amended to read:
341.14 (6r) (b) 10. An additional fee of $25 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on an annual basis for the special group specified under par. (f) 57. An additional fee of $50 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on the biennial basis for the special group specified under par. (f) 57. if the plate is issued or renewed during the first year of the biennial registration period or $25 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. All moneys received under this subdivision, in excess of $27,600 for the initial costs of production of the special group plate under par. (f) 57., shall be credited to the appropriation account under s. 20.435 (1)
20.395 (5) (gi). To the extent permitted under ch. 71, the fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71.
59,1895
Section 1895
. 341.14 (6r) (b) 11. of the statutes is amended to read:
341.14 (6r) (b) 11. An additional fee of $25 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on an annual basis for the special group specified under par. (f) 58. An additional fee of $50 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on the biennial basis for the special group specified under par. (f) 58. if the plate is issued or renewed during the first year of the biennial registration period or $25 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. To the extent permitted under ch. 71, the fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71. All moneys received under this subdivision, in excess of $43,200 for the initial costs of production of the special group plate under par. (f) 58., shall be credited to the appropriation account under s. 20.435 (1) (g) 20.395 (5) (gj).
59,1895m
Section 1895m. 341.25 (1) (L) of the statutes is created to read:
341.25 (1) (L) 1. In this paragraph:
a. “Alternative fuel" means a gas, liquid, or other fuel that, with or without adjustment or manipulation such as adjustment or manipulation of pressure or temperature, is capable of being used for the generation of power to propel a motor vehicle, including, but not limited to, natural gas, compressed natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen, hydrogen compressed natural gas, or hythane. Alternative fuel does not include motor fuel, electricity, leaded racing fuel, or an excluded liquid, as defined in
26 CFR 48.4081-
1.
b. “Hybrid electric vehicle” means a vehicle that is capable of using gasoline, diesel fuel, or alternative fuel to propel the vehicle but that is propelled to a significant extent by an electric motor that draws electricity from a battery that has a capacity of not less than 4 kilowatt hours and may be capable of being recharged from an external source of electricity.
c. “Nonhybrid electric vehicle” means a vehicle that is propelled solely by electrical energy and that is not capable of using gasoline, diesel fuel, or alternative fuel to propel the vehicle.
2. If a motor truck or automobile is a hybrid electric vehicle, in addition to the fee under par. (a) or (c), a surcharge of $75 shall be added to and collected with the fee for each automobile and for each motor truck registered under par. (c) at a gross weight of not more than 8,000 pounds.
3. If a motor truck or automobile is a nonhybrid electric vehicle, in addition to the fee under par. (a) or (c), a surcharge of $100 shall be added to and collected with the fee for each automobile and for each motor truck registered under par. (c) at a gross weight of not more than 8,000 pounds.
59,1895p
Section 1895p. 342.06 (1) (eg) of the statutes is amended to read:
342.06 (1) (eg) Except as provided in par. (eh), if the applicant is an individual, the social security number of the applicant. The department of transportation may not disclose a social security number obtained under this paragraph to any person except to the department of children and families for the sole purpose of administering s. 49.22, to the department of workforce development for the sole purpose of enforcing or administering s. 108.22, and to the department of revenue for the purposes of administering state taxes and collecting debt, and to the elections commission for the sole purpose of allowing the chief election officer to comply with the terms of the agreement under s. 6.36 (1) (ae).
59,1896
Section 1896
. 343.14 (2) (gh) of the statutes is amended to read:
343.14 (2) (gh) A question as to whether the applicant wishes to designate an additional $2 to support the efforts of Donate Life Wisconsin for the purposes described under s. 250.17 (1) 341.14 (8w).
59,1896m
Section 1896m. 343.14 (2j) of the statutes is amended to read:
343.14 (2j) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (bm) to any person except to the department of children and families for the sole purpose of administering s. 49.22, to the department of workforce development for the sole purpose of enforcing or administering s. 108.22, to the department of revenue for the purposes of administering state taxes and collecting debt, or to the driver licensing agency of another jurisdiction, or to the elections commission for the sole purpose of allowing the chief election officer to comply with the terms of the agreement under s. 6.36 (1) (ae).
59,1897
Section 1897
. 343.21 (1) (o) of the statutes is amended to read:
343.21 (1) (o) In addition to any other fee under this subsection, $2 for any person making a designation of an additional $2 to support the efforts of Donate Life Wisconsin under s. 343.14 (2) (gh) or 343.50 (4). From the moneys received under this paragraph, 90 percent shall be deposited into the general fund and credited to the appropriation account under s. 20.435 (1) (g)
20.395 (5) (gj).
59,1897m
Section 1897m. 343.50 (8) (c) 3. of the statutes is created to read:
343.50 (8) (c) 3. Notwithstanding par. (b) and s. 343.14 (2j), the department may, upon request, provide to the elections commission for the sole purpose of allowing the chief election officer to comply with the terms of the agreement under s. 6.36 (1) (ae) any applicant information or identification card holder information maintained by the department of transportation and identified in s. 343.14 (2).
59,1900
Section 1900
. 348.105 (4) of the statutes is amended to read:
348.105 (4) An application for a permit shall be made to the department using an electronic application process established by the department. The department shall charge a fee of $1,800 for a permit. All moneys received from fees imposed by the department under this subsection shall be deposited in the general transportation fund and credited to the appropriation account under s. 20.395 (5) (dg).
59,1900j
Section 1900j. 348.15 (3) (b) of the statutes is amended to read:
348.15 (3) (b) The gross weight imposed on the highway by the wheels of any one axle may not exceed 20,000 pounds or, if the vehicle or combination of vehicles is an implement of husbandry or agricultural commercial motor vehicle, or is a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle to or from a farm-related destination, and is operated on or before January 1, 2020, 23,000 pounds. In addition, the gross weight imposed on the highway by the wheels of the steering axle of a truck tractor may not exceed 13,000 pounds unless the manufacturer's rated capacity of the axle and the tires is sufficient to carry the weight, but not to exceed 20,000 pounds.
59,1900k
Section 1900k. 348.15 (3) (g) (intro.) of the statutes is amended to read:
348.15 (3) (g) (intro.) Notwithstanding par. (c), if the vehicle or combination of vehicles is an implement of husbandry or agricultural commercial motor vehicle, or is a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle to or from a farm-related destination, and is operated on or before January 1, 2020, the gross weight imposed on the highway by any group of 2 or more consecutive axles of the vehicle or vehicle combination may not exceed the maximum gross weights in the following table for each of the respective distances between axles and the respective numbers of axles of a group:
59,1900L
Section 1900L. 348.15 (9) (g) of the statutes is repealed.
59,1900Lm
Section 1900Lm. 348.15 (11) of the statutes is created to read:
348.15 (11) The maximum gross weight for a a vehicle or combination of vehicles having 11 axles and transporting exclusively forest products or lumber operated on a highway without a permit may not exceed 164,000 pounds. Notwithstanding sub. (3) (a), (b), (br), and (c), there is no weight limitation per wheel, axle, or group of axles for a vehicle or combination of vehicles having 11 axles and transporting exclusively forest products or lumber. This subsection applies only on the following:
(a) STH 13, from the junction of USH 2 and STH 13 in the city of Ashland to the intersection of STH 13 and Old Airport Road in Ashland County.
(b) STH 70, from the junction of STH 70 and USH 45 in the city of Eagle River to the junction of STH 70 and USH 51 in Vilas County.
59,1900m
Section 1900m. 348.16 (2) of the statutes is amended to read:
