Amendment ASA1-AB64

AB64-ASA1,1829 Section 1829 . 289.31 (7) (f) of the statutes is amended to read:

AB64-ASA1,890,25 289.31 (7) (f) If the owner or operator of a site or facility subject to an order under par. (d) is a municipality, the municipality is responsible for conducting any monitoring ordered under par. (d). The department shall, from the environmental fund appropriation under s. 20.370 (2) (4) (dv), reimburse the municipality for the costs of monitoring that exceed an amount equal to $3 per person residing in the municipality for each site or facility subject to an order under par. (d), except that the maximum reimbursement is $100,000 for each site or facility. The department shall exclude any monitoring costs paid under the municipality's liability insurance coverage in calculating the municipal cost of monitoring a site or facility.

AB64-ASA1,1830 Section 1830. 289.43 (7) (e) 3. of the statutes is amended to read:

AB64-ASA1,891,3 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the appropriation under s. 20.370 (2) (4) (dg).

AB64-ASA1,1831 Section 1831 . 289.64 (6) of the statutes is amended to read:

AB64-ASA1,891,7 289.64 (6) Use of solid waste facility siting board fees. The fees collected under sub. (2) shall be credited to the appropriation under s. 20.370 (2) (4) (eg) for transfer to the appropriation under s. 20.505 (4) (k).

AB64-ASA1,1832 Section 1832 . 289.68 (1) of the statutes is amended to read:

AB64-ASA1,891,16 289.68 (1) Payments from the waste management fund. The department may expend moneys in the waste management fund only for the purposes specified under subs. (3) to (6) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 (2) (4) (dq) for the purposes specified under subs. (3) and (5) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 (2) (4) (dt) for the purposes specified under sub. (4). The department may expend moneys appropriated under s. 20.370 (2) (4) (dy) and (dz) for the purposes specified under sub. (6).

AB64-ASA1,1833 Section 1833 . 289.68 (3) of the statutes is amended to read:

AB64-ASA1,891,23 289.68 (3) Payments for long-term care after termination of proof of financial responsibility. The department may spend moneys appropriated under s. 20.370 (2) (4) (dq) for the costs of long-term care of an approved facility for which the plan of operation was approved under s. 289.30 (6) before August 9, 1989, that accrue after the requirement to provide proof of financial responsibility expires under s. 289.41 (1m) (b) or (f) as authorized under s. 289.41 (11) (b) 2.

AB64-ASA1,1834 Section 1834 . 289.68 (4) of the statutes is amended to read:

AB64-ASA1,892,4 289.68 (4) Payment of closure and long-term care costs; forfeited bonds and similar moneys. The department may utilize moneys appropriated under s. 20.370 (2) (4) (dt) for the payment of costs associated with compliance with closure and long-term care requirements under s. 289.41 (11) (b) 1.

AB64-ASA1,1835 Section 1835 . 289.68 (5) of the statutes is amended to read:

AB64-ASA1,892,8 289.68 (5) Prevention of imminent hazard. The department may utilize moneys appropriated under s. 20.370 (2) (4) (dq) for the payment of costs associated with imminent hazards as authorized under s. 289.41 (11) (c) and (cm).

AB64-ASA1,1836 Section 1836 . 289.68 (6) of the statutes is amended to read:

AB64-ASA1,892,12 289.68 (6) Payment of corrective action, forfeited bonds and recovered moneys. The department may utilize moneys appropriated under s. 20.370 (2) (4) (dy) and (dz) for the payment of costs of corrective action under s. 289.41 (11) (bm).

AB64-ASA1,1837 Section 1837 . 292.11 (6) (a) of the statutes is amended to read:

AB64-ASA1,892,19 292.11 (6) (a) Contingency plan; activities resulting from discharges. The department may utilize moneys appropriated under s. 20.370 (2) (4) (dv) and (my) (ms) in implementing and carrying out the contingency plan developed under sub. (5) and to provide for the procurement, maintenance, and storage of necessary equipment and supplies, personnel training, and expenses incurred in identifying, locating, monitoring, containing, removing, and disposing of discharged substances.

AB64-ASA1,1838 Section 1838 . 292.11 (6) (b) of the statutes is amended to read:

AB64-ASA1,892,24 292.11 (6) (b) Limitation on equipment expenses. No more than 25 percent of the moneys available under the appropriation under s. 20.370 (2) (4) (dv) or (my) (ms) during any fiscal year may be used for the procurement and maintenance of necessary equipment during that fiscal year.

AB64-ASA1,1839 Section 1839 . 292.11 (6) (c) 2. of the statutes is amended to read:

AB64-ASA1,893,3 292.11 (6) (c) 2. Reimbursements to the department under section 311, federal water pollution control act amendments of 1972, P.L. 92-500, shall be credited to the appropriation under s. 20.370 (2) (my) (4) (ms).

AB64-ASA1,1840 Section 1840 . 292.31 (4) of the statutes is amended to read:

AB64-ASA1,893,11 292.31 (4) Monitoring costs at nonapproved facilities owned or operated by municipalities. Notwithstanding the environmental response rules under sub. (2) or the environmental repair authority, remedial action sequence, and emergency response requirements under sub. (3), the department shall pay that portion of the cost of any monitoring requirement which is to be paid under s. 289.31 (7) (f) from the appropriation under s. 20.370 (2) (4) (dv) prior to making other payments from that appropriation.

AB64-ASA1,1841 Section 1841 . 292.31 (7) (am) 2. of the statutes is amended to read:

AB64-ASA1,893,20 292.31 (7) (am) 2. The department may acquire an interest in property from any person as part of a remedial action conducted in cooperation with the federal environmental protection agency if the acquisition is necessary to implement the remedy. Under this subdivision, the department may acquire an interest in property that is necessary to ensure that restrictions on the use of land or groundwater are enforceable. The department may expend moneys from the appropriations under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg) if necessary to compensate a person for an interest in property acquired by the department under this subdivision.

AB64-ASA1,1842 Section 1842 . 292.31 (7) (b) of the statutes is amended to read:

AB64-ASA1,894,5 292.31 (7) (b) The department may expend moneys from the appropriations under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg) as required under 42 USC 9601, et seq. The department shall promulgate by rule criteria for the expenditure of moneys from the appropriations under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg). The criteria shall include consideration of the amount of moneys available in the appropriations under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg), the moneys available from other sources for the required sharing of costs, the differences between public and private sites or facilities, the potential for cost recovery from responsible parties , and any other appropriate factors.

AB64-ASA1,1843 Section 1843 . 292.41 (6) (a) of the statutes is amended to read:

AB64-ASA1,894,11 292.41 (6) (a) The department may utilize moneys appropriated under s. 20.370 (2) (4) (dv) and (my) (ms) in taking action under sub. (4). The department shall utilize these moneys to provide for the procurement, maintenance , and storage of necessary equipment and supplies, personnel training, and expenses incurred in locating, identifying, removing, and disposing of abandoned containers.

AB64-ASA1,1844 Section 1844 . 292.41 (6) (b) of the statutes is amended to read:

AB64-ASA1,894,15 292.41 (6) (b) No more than 25 percent of the total of all moneys available under the appropriation under s. 20.370 (2) (4) (dv) and (my) (ms) may be used annually for the procurement and maintenance of necessary equipment during that fiscal year.

AB64-ASA1,1845 Section 1845 . 292.55 (2) of the statutes is amended to read:

AB64-ASA1,894,21 292.55 (2) The department may assess and collect fees from a person to offset the costs of providing assistance under sub. (1). The department shall promulgate rules for the assessment and collection of fees under this subsection. Fees collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (4) (dh).

AB64-ASA1,1846 Section 1846 . 292.57 (2) (b) of the statutes is amended to read:

AB64-ASA1,894,24 292.57 (2) (b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (4) (dh).

AB64-ASA1,1847 Section 1847 . 292.70 (7) of the statutes is amended to read:

AB64-ASA1,895,3 292.70 (7) Review and payment. If a claim is filed under an agreement under sub. (2) or (3), the department shall review the claim to determine whether it is valid. A valid claim shall be paid from the appropriation under s. 20.370 (2) (4) (fq).

AB64-ASA1,1848 Section 1848 . 292.94 of the statutes is amended to read:

AB64-ASA1,895,12 292.94 Fees related to enforcement actions. The department may assess and collect fees from a person who is subject to an order or other enforcement action for a violation of s. 292.11 or 292.31 to cover the costs incurred by the department to review the planning and implementation of any environmental investigation or environmental cleanup that the person is required to conduct. The department shall promulgate rules for the assessment and collection of fees under this section. Fees collected under this section shall be credited to the appropriation account under s. 20.370 (2) (4) (dh).

AB64-ASA1,1849m Section 1849m. 301.03 (21) of the statutes is created to read:

AB64-ASA1,895,16 301.03 (21) By December 31, 2017, and every 2 years thereafter, submit a Wisconsin Results First Initiative report to the appropriate standing committees of the legislature under s. 13.172 (3).

AB64-ASA1,1850e Section 1850e. 301.08 (2) (e) of the statutes is amended to read:

AB64-ASA1,895,20 301.08 (2) (e) The Except as provided in par. (em), the purchaser shall recover from provider agencies money paid in excess of the conditions of the contract from subsequent payments made to the provider.

AB64-ASA1,1850f Section 1850f. 301.08 (2) (em) of the statutes is created to read:

AB64-ASA1,895,22 301.08 (2) (em) 1. In this paragraph:

AB64-ASA1,896,3 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.

AB64-ASA1,896,8 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.

AB64-ASA1,896,14 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.

AB64-ASA1,896,25 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.

AB64-ASA1,897,7 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.

AB64-ASA1,897,15 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.

AB64-ASA1,897,18 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:

AB64-ASA1,897,23 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.

AB64-ASA1,897,25 b. Establishing a procedure for reviewing rate-based service contracts to determine whether a contract complies with the provisions of this paragraph.

AB64-ASA1,1851 Section 1851. 301.16 (1r) of the statutes is amended to read:

AB64-ASA1,898,9 301.16 (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.

AB64-ASA1,1851g Section 1851g. 301.16 (1ww) of the statutes is created to read:

AB64-ASA1,898,13 301.16 (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.

AB64-ASA1,1851r Section 1851r. 301.18 (1) (h) of the statutes is created to read:

AB64-ASA1,898,16 301.18 (1) (h) Provide the facilities necessary for the geriatric correctional institution established under s. 301.16 (1ww).

AB64-ASA1,1854 Section 1854 . 301.26 (4) (d) 2. of the statutes, as affected by 2015 Wisconsin Act 55, section 4270, is repealed and recreated to read:

AB64-ASA1,898,22 301.26 (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).

AB64-ASA1,1855 Section 1855 . 301.26 (4) (d) 3. of the statutes, as affected by 2015 Wisconsin Act 55, section 4272, is repealed and recreated to read:

AB64-ASA1,899,4 301.26 (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).

AB64-ASA1,1855m Section 1855m. 302.01 (1) (k) of the statutes is created to read:

AB64-ASA1,899,7 302.01 (1) (k) The geriatric correctional institution authorized under s. 301.16 (1ww).

AB64-ASA1,1856c Section 1856c. 302.05 (title) of the statutes is amended to read:

AB64-ASA1,899,9 302.05 (title) Wisconsin substance abuse rehabilitation program.

AB64-ASA1,1856e Section 1856e. 302.05 (1) (am) (intro.) and (b) of the statutes are consolidated, renumbered 302.05 (1) and amended to read:

AB64-ASA1,899,22 302.05 (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).

AB64-ASA1,1856f Section 1856f. 302.05 (1) (am) 1. and 2. of the statutes are repealed.

AB64-ASA1,1856g Section 1856g. 302.05 (2) of the statutes is amended to read:

AB64-ASA1,900,3 302.05 (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.

AB64-ASA1,1857b Section 1857b. 302.05 (3) (b) of the statutes is amended to read:

AB64-ASA1,900,12 302.05 (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.

AB64-ASA1,1857c Section 1857c. 302.05 (3) (c) 1. of the statutes is amended to read:

AB64-ASA1,900,18 302.05 (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.

AB64-ASA1,1857e Section 1857e. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

AB64-ASA1,900,23 302.05 (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:

AB64-ASA1,1857f Section 1857f. 302.05 (3) (d) of the statutes is amended to read:

AB64-ASA1,901,3 302.05 (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.

AB64-ASA1,1857h Section 1857h. 302.05 (3) (e) of the statutes is amended to read:

AB64-ASA1,901,17 302.05 (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).

AB64-ASA1,1892c Section 1892c. 323.29 (title) of the statutes is created to read:

AB64-ASA1,901,20 323.29 (title) Statewide public safety interoperable communication system.

AB64-ASA1,1892g Section 1892g. 323.29 (1) (title) of the statutes is created to read:

AB64-ASA1,901,22 323.29 (1) (title) Definitions.

AB64-ASA1,1892L Section 1892L. 323.29 (1) (am) of the statutes is created to read: