281.165 (1) Compliance; exemption. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure, or penalty specified under s. 29.601 (3) or chs. 30, 31, 281, 283, 289 to 292, or 299 or specified under any rule promulgated, order issued, or ordinance adopted under any of those sections or chapters, if the activity meets all of the requirements under either sub. (2) or (3).
109,369ke
Section 369ke. 281.165 (2) (title) of the statutes is amended to read:
281.165 (2) (title) Trempealeau County Requirements.
109,369kg
Section 369kg. 281.165 (2) (am) of the statutes is created to read:
281.165 (2) (am) At least 2 acres of wetland will be restored or created as mitigation for each acre of wetland affected by the activity, and the restored or created wetland shall be located upstream from the site of the activity and located within the same watershed as the wetland area to be affected.
109,369kj
Section 369kj. 281.165 (2) (c) of the statutes is amended to read:
281.165 (2) (c) The site of the activity is within the corporate limits of a city or village on January 1, 1999.
109,369km
Section 369km. 281.165 (2) (d) of the statutes is amended to read:
281.165 (2) (d) The governing body of the city or village adopts a resolution stating that the exemption under this section is necessary to protect jobs that exist in the city or village on the date of the adoption of the resolution or is necessary to promote job creation.
109,369kp
Section 369kp. 281.165 (2) (e) of the statutes is repealed.
109,369kq
Section 369kq. 281.165 (2) (f) of the statutes is created to read:
281.165 (2) (f) The governor selects the activity as provided in sub. (4).
109,369kr
Section 369kr. 281.165 (3) of the statutes is repealed.
109,369ks
Section 369ks. 281.165 (4) and (5) of the statutes are created to read:
281.165 (4) Selection by governor. (a) Any city or village seeking to be selected for the exemption under sub. (1) shall submit the adopted resolution required under sub. (2) (d) to the governor before December 31, 2002.
(b) The governor shall select one activity within the state that the governor determines meets the requirements in sub. (2) (a) to (d) to receive the exemption under sub. (1).
(5) Restored or created wetlands. (a) Upon selection of the activity by the governor under sub. (4), the rules under ss. NR 350.05, 350.08, 350.09, and 350.10, Wis. Adm. Code, shall apply to the mitigation project under under sub. (2) (am).
(b) The mitigation project under sub. (2) (am) shall include the granting of a conservation easement under s. 700.40 to the department to ensure that the restored or created wetland will not be destroyed or substantially degraded by any subsequent owner of or holder of interest in the property on which the wetland is located. At a minimum, the conservation easement shall include any zone of vegetated upland adjacent to the wetland that the department determines is adequate to filter runoff from entering the restored or created wetland. The department shall modify or release a conservation easement issued under this paragraph if the conditions in s. 281.37 (2m) (b) apply.
(c) Any agent or employee of the department shall, at all times, be given reasonable access to any and all
parts of a mitigation project site and may enter upon any property to investigate the mitigation project.
109,369L
Section 369L. 281.17 (2m) of the statutes is created to read:
281.17 (2m) In permitting under its authority under sub. (2) the chemical treatment of water for the suppression of mosquito larvae in the cities of Brookfield and La Crosse, the department may not impose as a condition to that permission a requirement that monitoring or additional testing be conducted as to the effectiveness or the impact of the treatment.
109,369m
Section 369m. 281.65 (12) of the statutes is created to read:
281.65 (12) Notwithstanding sub. (8), during fiscal year 2002-03, the department shall make a payment under this section to a landowner who received a notice of discharge under ch. 283, who entered into a cost-share agreement with the department of agriculture, trade and consumer protection for a grant under s. 92.14 (4) (c), 1997 stats., and who complied with the cost-share agreement but who did not receive the grant under s. 92.14 (4) (c), 1997 stats. The department shall make a payment under this subsection in the amount to which the landowner would have been entitled under the cost-share agreement with the department of agriculture, trade and consumer protection. The department may not require a landowner to file an application to receive payment under this subsection.
109,369n
Section 369n. 281.98 (2) of the statutes is amended to read:
281.98 (2) In addition to the penalties provided under sub. (1) or s. 281.99 (2), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of a violation of this chapter, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
283.84 (1) (c) Reaches an agreement with the department or a local governmental unit, as defined in s. 22.01 16.97 (7), under which the person pays money to the department or local governmental unit and the department or local governmental unit uses the money to reduce water pollution in the project area.
109,369q
Section 369q. 283.91 (5) of the statutes is amended to read:
283.91 (5) In addition to all other civil and criminal penalties prescribed under this chapter, the court may assess as an additional penalty a portion or all of the costs of the investigation, including monitoring, which led to the establishment of the violation. The court may award the department of justice the reasonable and necessary expenses of the prosecution, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
109,370
Section 370. 285.87 (2) (b) of the statutes is amended to read:
285.87 (2) (b) If the conviction under par. (a) is for a violation committed after another conviction under par. (a), the person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 per day of violation or imprisoned for not more than 3 years or both.
109,370j
Section 370j. 287.23 (5b) (intro.) of the statutes is amended to read:
287.23 (5b) Grant award for 2000 to 2003. (intro.) The For 2000 to 2003, the department shall award a grant under this subsection to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b). The department shall determine the amount of the grants under this subsection as follows:
109,370k
Section 370k. 287.23 (5d) of the statutes is created to read:
287.23 (5d) Grant amount for years after 2003. (a) Beginning with grants for the year 2004, the department shall award a grant under this subsection to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b).
(b) Except as provided in pars. (c), (d), and (e) and sub. (5p), the department shall award an eligible responsible unit a grant under this subsection equal to the population of the responsible unit times an amount that is the same for each responsible unit and that the department determines will result in distributing as much as possible of the amount appropriated under s. 20.370 (6) (bu), taking into account pars. (c), (d), and (e) and sub. (5p).
(c) A grant under this subsection may not exceed the allowable expenses under sub. (3) (b) that the responsible unit incurred in the year 2 years before the year for which the grant is made.
(d) For a county that is the responsible unit for at least 75% of the population of the county, the department shall award a grant under this subsection equal to the greater of $100,000 or the amount determined under par. (a), but not more than the allowable expenses under sub. (3) (b).
(e) For grants for the year 2004, the department shall award a grant to a responsible unit that received an award in 2003 that is equal to at least 80% of the amount received in 2003.
109,370n
Section 370n. 289.96 (3) (b) of the statutes is amended to read:
289.96 (3) (b) In addition to the penalties provided under par. (a), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this paragraph. Ten percent of the money deposited in the general fund that was awarded under this paragraph for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
109,371
Section 371. 291.97 (2) (b) (intro.) of the statutes is amended to read:
291.97 (2) (b) (intro.) Any person who wilfully does any of the following shall is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both:
109,372
Section 372. 291.97 (2) (c) 1. and 2. of the statutes are amended to read:
291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than 2 years or both.
2. For a 2nd or subsequent violation under par. (b), a person shall is guilty of a Class F felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (f), the person may be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years or both.
109,372g
Section 372g. 292.99 (2) of the statutes is amended to read:
292.99 (2) In addition to the penalties provided under subs. (1) and (1m), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
109,372n
Section 372n. 293.87 (4) (b) of the statutes is amended to read:
293.87 (4) (b) In addition to the penalties provided under par. (a), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this paragraph. Ten percent of the money deposited in the general fund that was awarded under this paragraph for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
109,372q
Section 372q. 295.19 (3) (b) 2. of the statutes is amended to read:
295.19 (3) (b) 2. In addition to the penalties provided under subd. 1., the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subdivision. Ten percent of the money deposited in the general fund that was awarded under this subdivision for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
109,372s
Section 372s. 299.41 of the statutes is amended to read:
299.41 Household hazardous waste. The department shall establish and administer a grant program to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous waste.
109,373
Section 373. 299.53 (4) (c) 2. of the statutes is amended to read:
299.53 (4) (c) 2. Any person who intentionally makes any false statement or representation in complying with sub. (2) (a) shall be fined not more than $25,000 or imprisoned for not more than one year in the county jail or both. For a 2nd or subsequent violation, the person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 or imprisoned for not more than 3 years or both.
109,373n
Section 373n. 299.97 (2) of the statutes is amended to read:
299.97 (2) In addition to the penalties provided under sub. (1), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
109,374e
Section 374e. 301.03 (18) (am) of the statutes is created to read:
301.03 (18) (am) Paragraph (a) does not prevent a county department under s. 46.215, 46.22, or 46.23 from charging and collecting the cost of an examination ordered under s. 938.295 (2) (a) as authorized under s. 938.295 (2) (c).
109,375
Section 375. 301.035 (2) of the statutes is amended to read:
301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10 and 975.10 (2) and ch. 304.
109,376
Section 376. 301.035 (4) of the statutes is amended to read:
301.035 (4) Supervise employees in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.
109,377
Section 377. 301.048 (2) (bm) 1. a. of the statutes is amended to read:
301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195 (3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (3), (4) or (5), 940.195 (3), (4) or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, or 948.30.
109,377b
Section 377b. 301.205 (title) of the statutes is repealed and recreated to read:
301.205 (title) Transportation for visits.
109,377c
Section 377c. 301.205 of the statutes is renumbered 301.205 (2).
109,377d
Section 377d. 301.205 (1) of the statutes is created to read:
301.205 (1) (a) Except as provided in par. (b), the department may not use state funds to transport persons visiting inmates in state prisons.
(b) The department may do any of the following to pay for the cost of transporting persons visiting inmates in state prisons:
1. Charge a reasonable fee to persons to whom the transportation is provided.
2. Use money received from gifts, grants, donations, and burial trusts that is provided for the purpose of paying for the cost of such transportation.
109,377db
Section 377db. 301.21 (1m) (a) (intro.) of the statutes is amended to read:
301.21 (1m) (a) (intro.) The Subject to sub. (3), the department may enter into one or more contracts with another state or a political subdivision of another state for the transfer and confinement in that state of prisoners who have been committed to the custody of the department. Any such contract shall provide for all of the following:
109,377dc
Section 377dc. 301.21 (2m) (a) (intro.) of the statutes is amended to read:
301.21 (2m) (a) (intro.) The Subject to sub. (3), the department may enter into one or more contracts with a private person for the transfer and confinement in another state of prisoners who have been committed to the custody of the department. Any such contract shall provide for all of the following:
109,377df
Section 377df. 301.21 (3) of the statutes is created to read:
301.21 (3) (a) Subject to par. (b), when contracting for the placement of prisoners in out-of-state facilities, the department shall give preference to a person that does all of the following:
1. Houses prisoners at facilities in close proximity to Wisconsin.
2. Provides alcohol and other drug abuse treatment, education, job preparation, and other elements of treatment designed to prepare prisoners for their return to the community.
3. Provides comprehensive assessment of prisoners in order to establish effective courses of treatment and rehabilitation, including academic and vocational training, with the goal of eventually successfully reintegrating prisoners into the community.
4. Staffs any facility in which prisoners will be confined with trained, certified professionals and manages and supervises the facility through a team of licensed professionals, including educators, certified counselors, vocational specialists, and medical professionals.
(b) The department shall give preference to a person under this subsection only if the person offers a daily rate that is comparable to the lowest good faith rate offered by other persons offering facilities for out-of-state placement of prisoners.
109,378
Section 378. 301.26 (4) (cm) 1. of the statutes is amended to read:
301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing secured correctional facilities, secured child caring institutions, alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a secured correctional facility based on a delinquent act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36, 1999 stats., or s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, (1), or 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any juvenile 10 years of age or over who has been placed in a secured correctional facility or secured child caring institution for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.
109,378p
Section 378p. 301.45 (1d) (b) of the statutes is amended to read:
301.45 (1d) (b) "Sex offense" means a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person who committed the violation was not the victim's parent.
