2015 Wisconsin Act 55

55,4189d Section 4189d. 281.665 (4) (a) of the statutes is amended to read:

281.665 (4) (a) The department may provide local assistance grants and cost-sharing grants under this section. A local assistance grant may not exceed 70% 50 percent of eligible costs, including planning and design costs. A cost-sharing grant may not exceed 70% 50 percent of eligible costs for construction and real estate acquisition.

55,4203 Section 4203. 283.35 (1m) (c) of the statutes is repealed.

55,4203d Section 4203d. 283.83 (1) (intro.) of the statutes is amended to read:

283.83 (1) (intro.) The department shall establish a continuing water pollution control quality management planning process which is consistent with applicable state requirements. The continuing planning process shall result in plans for all waters of the state, which plans shall include:

55,4203f Section 4203f. 283.83 (1) (b) of the statutes is amended to read:

283.83 (1) (b) The incorporation of all elements of any applicable areawide waste water quality management plans, basin plans and statewide land use plans;

55,4203m Section 4203m. 283.83 (1m) of the statutes is created to read:

283.83 (1m) (a) The department shall approve or reject proposed revisions to the areawide water quality management plan for the area consisting of Dane County. The department shall base a decision under this paragraph on whether the proposed revision complies with the water quality standards under s. 281.15. The department may place conditions on its approval of a proposed revision to the plan.

(b) The department, or a person contracting with the department under par. (f), may not require information concerning a proposed revision to the areawide water quality management plan for the area consisting of Dane County other than information that is reasonably necessary to determine whether the proposed revision complies with water quality standards under s. 281.15.

(c) 1. Except as provided under subd. 2., the department shall approve or reject a proposed revision to the areawide water quality management plan for the area consisting of Dane County no later than the 90th day after the day on which the department, or a person contracting with the department under par. (f), receives the formal application for the proposed revision, including a letter from the applicant certifying that the proposed revision is consistent with water quality standards and information supporting the certification. If the department determines that the application is incomplete, the department shall notify the applicant in writing within 10 days after the department receives the application and may make only one request for additional information during the 90-day period under this subdivision.

2. If the department does not approve or reject a proposed revision to the areawide water quality management plan by the 90th day after the day on which the request is received, the revision is approved on the 120th day after the day on which the department receives the formal application for the revision, unless the department petitions the circuit court for an order extending the time to act on the proposed revision. The court may issue an order extending the time for the department to act on the proposed revision by an amount it determines is reasonable.

(d) The governor may not under 33 USC 1288 (a) (2) designate Dane County or any of its subunits, including the Dane County lakes and watershed commission, to develop the areawide water quality management plan for the area consisting of Dane County or to review proposed revisions to the plan.

(e) The department may not contract with Dane County or any of its subunits, including the Dane County lakes and watershed commission, to provide advisory services relating to the review of proposed revisions to the areawide water quality management plan for the area consisting of Dane County.

(f) Except as provided in par. (e), the department may contract with a regional planning commission or other entity to provide advisory services relating to the review of proposed revisions to the areawide water quality management plan for the area consisting of Dane County, but the department may not delegate its authority to approve or reject proposed revisions. The deadline under par. (c) 1. is not affected by a contract entered into under this paragraph.

55,4212 Section 4212. 292.63 (3) (a) (intro.) of the statutes is amended to read:

292.63 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ac), (ae), (ah), (am) and (ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

55,4213 Section 4213. 292.63 (3) (ac) of the statutes is created to read:

292.63 (3) (ac) Claim deadline; sunset. 1. An owner or operator or person owning a home oil tank system is not eligible for an award under this section for costs for which the owner or operator or person does not submit a claim within 180 days after incurring the costs, or by the first day of the 7th month after the effective date of this subdivision .... [LRB inserts date], whichever is later.

2. An owner or operator or person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge if the owner or operator or person does not provide notification under par. (a) 3. concerning the discharge before July 1, 20 17 .

3. An owner or operator or person owning a home oil tank system is not eligible for an award under this section if the owner or operator or person does not submit a claim for the costs before July 1, 2020.

55,4221b Section 4221b. 301.01 (1n) of the statutes is created to read:

301.01 (1n) "Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n) (a), or (7g), or 938.357 (4).

55,4222b Section 4222b. 301.01 (1n) of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

301.01 (1n) "Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n) (a), or (7g), or 938.357 (4).

55,4223 Section 4223 . 301.025 of the statutes is amended to read:

301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, and the serious juvenile offender program under s. 938.538, and youth aids.

55,4224 Section 4224 . 301.025 of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, community supervision under s. 938.533, and the serious juvenile offender program under s. 938.538.

55,4225 Section 4225. 301.03 (5h) of the statutes is amended to read:

301.03 (5h) Develop, with the assistance of the office division of state employment relations personnel management in the department of administration, a policy for staff assignments that shall consider an employee's seniority when assigning shifts.

55,4226b Section 4226b. 301.03 (9) of the statutes is amended to read:

301.03 (9) Supervise all persons placed under s. 938.183 in a state prison under s. 938.183, all persons placed under court-ordered departmental supervision under s. 938.34 (2), all persons placed in the serious juvenile offender program under s. 938.34 (4h), all persons placed in a juvenile correctional facility or a secured residential treatment center for children and youth under s. 938.34 (4m) or 938.357 (4), all persons placed on departmental aftercare under s. 938.34 (4n) (a) or 938.357 (4), and all persons placed in an experiential education program under the supervision of the department under s. 938.34 (7g).

55,4227b Section 4227b. 301.03 (9) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

301.03 (9) Supervise all persons placed in a state prison under s. 938.183, all persons placed under court-ordered departmental supervision under s. 938.34 (2), all persons placed in the serious juvenile offender program under s. 938.34 (4h), all persons placed in a juvenile correctional facility or a secured residential treatment center for children and youth under s. 938.34 (4m) or 938.357 (4), all persons placed on departmental aftercare under community supervision under s. 938.34 (4n) (a) or 938.357 (4), and all persons placed in an experiential education program under the supervision of the department under s. 938.34 (7g).

55,4228 Section 4228. 301.03 (9r) of the statutes is repealed.

55,4229 Section 4229. 301.03 (10) (a) of the statutes is amended to read:

301.03 (10) (a) Execute the laws relating to the detention, reformation, and correction of delinquents delinquent juveniles placed under its jurisdiction.

55,4230 Section 4230. 301.03 (10) (b) of the statutes is amended to read:

301.03 (10) (b) Direct the aftercare of and supervise all delinquents Supervise all juveniles under its jurisdiction who have been adjudicated delinquent and exercise such functions as it deems the department considers appropriate for the prevention of delinquency.

55,4231 Section 4231. 301.03 (10) (c) of the statutes is amended to read:

301.03 (10) (c) Promote the enforcement of laws for the protection of delinquent children juveniles under its jurisdiction. To this end, the department shall cooperate with courts assigned to exercise jurisdiction under chs. 48 and 938, the department of children and families, county departments under ss. 46.215, 46.22, and 46.23 and, licensed child welfare agencies, and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent children juveniles under its jurisdiction. The department shall also establish and enforce standards for the development and delivery of services provided by the department under ch. 938 in regard to juveniles who have been adjudicated delinquent and placed under the jurisdiction of the department.

55,4232 Section 4232. 301.03 (10) (d) of the statutes is amended to read:

301.03 (10) (d) Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning and the release of juvenile offenders from juvenile correctional facilities or secured residential care centers for children and youth to aftercare or community supervision placements.

55,4233 Section 4233. 301.03 (18) (a) of the statutes is amended to read:

301.03 (18) (a) Except as provided in s. 301.12 (14) (b) and (c), establish a uniform system of fees for juvenile delinquency-related services provided or purchased correctional services purchased or provided by the department or purchased by a county department under s. 46.215, 46.22, or 46.23, except for services provided to courts; outreach, information and referral services; or when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, or 46.23 shall apply the fees that it collects under this program to cover the cost of those services.

55,4234 Section 4234. 301.03 (18) (am) of the statutes is renumbered 49.32 (1) (ap).

55,4235 Section 4235. 301.03 (18) (b) of the statutes is amended to read:

301.03 (18) (b) Except as provided in s. 301.12 (14) (b) and (c), hold liable for the services purchased or provided or purchased under par. (a) in the amount of the fee established under par. (a) any person receiving those services or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption.

55,4236 Section 4236. 301.031 (1) (a) of the statutes is amended to read:

301.031 (1) (a) Each county department under s. 46.215, 46.22, or 46.23 shall submit to the department by December 31 annually its final budget for juvenile correctional services directly provided or purchased.

55,4237 Section 4237. 301.031 (2) of the statutes is amended to read:

301.031 (2) Assessment of needs. Before developing and submitting a proposed budget for the purchase of juvenile correctional services to the county executive or county administrator or the county board, the county departments listed in sub. (1) shall assess needs and inventory resources and services, using an open public participation process.

55,4238 Section 4238. 301.031 (2g) (a) of the statutes is amended to read:

301.031 (2g) (a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds for the purchase of juvenile correctional services and such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.

55,4239 Section 4239. 301.031 (2g) (b) of the statutes is amended to read:

301.031 (2g) (b) The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may appropriate funds for the purchase of juvenile delinquency-related correctional services. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department, and shall comply with standards guaranteeing quality of care comparable to similar facilities.

55,4240 Section 4240. 301.031 (2g) (c) of the statutes is amended to read:

301.031 (2g) (c) The joint committee on finance may require the department to submit contracts between county departments under ss. 46.215, 46.22, and 46.23 and providers of service juvenile correctional services to the committee for review and approval.

55,4241 Section 4241. 301.031 (2r) (a) 1. of the statutes is amended to read:

301.031 (2r) (a) 1. Is for juvenile correctional services which that duplicate or are inconsistent with services being purchased or provided or purchased by the department or other county departments receiving grants-in-aid or reimbursement from the department for the purchase of those services.

55,4242 Section 4242. 301.031 (2r) (a) 2. of the statutes is amended to read:

301.031 (2r) (a) 2. Is inconsistent with state or federal statutes, rules, or regulations, in which case the department may also arrange for provision of juvenile correctional services by an alternate agency. The department may not arrange for the provision of those services by an alternate agency unless the joint committee on finance or a review body designated by the committee reviews and approves the department's determination.

55,4243 Section 4243. 301.032 (title) of the statutes is amended to read:

301.032 (title) Juvenile delinquency-related correctional services; supervisory functions of state department.

55,4244 Section 4244. 301.032 (1) (a) of the statutes is amended to read:

301.032 (1) (a) The department shall supervise the administration of juvenile delinquency-related correctional services. The department shall submit to the federal authorities state plans for the administration of juvenile delinquency-related correctional services in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.

55,4245 Section 4245. 301.032 (1) (b) of the statutes is amended to read:

301.032 (1) (b) All records of the department and all county records relating to juvenile delinquency-related correctional services shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding ss. 48.396 (2) and 938.396 (2), all county records relating to the administration purchase of those services shall be open to inspection at all reasonable hours by authorized representatives of the department.

55,4246d Section 4246d. 301.032 (1) (c) of the statutes is amended to read:

301.032 (1) (c) The department may at any time audit all county records relating to the administration purchase of juvenile delinquency-related correctional services and may at any time conduct administrative reviews of county departments under ss. 46.215, 46.22 and 46.23. If the department conducts such an audit or administrative review in a county, the department shall furnish a copy of the audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the director of the county department under s. 46.21, 46.22, or 46.23.

55,4247 Section 4247. 301.032 (2) of the statutes is amended to read:

301.032 (2) The county administration of all laws relating to the purchase of juvenile delinquency-related correctional services shall be vested in the officers and agencies designated in the statutes.

55,4248 Section 4248. 301.067 of the statutes is repealed.

55,4249 Section 4249. 301.07 of the statutes is amended to read:

301.07 Cooperation and contracts with federal government. The department may cooperate with the federal government in carrying out federal acts concerning adult corrections and youth corrections juvenile correctional services and may enter into contracts with the federal government under 18 USC 5003.

55,4250 Section 4250. 301.08 (2) (a) of the statutes is amended to read:

301.08 (2) (a) All care and services purchased by the department and all care and services relating to juvenile delinquency juvenile correctional services purchased by a county department under s. 46.215, 46.22, or 46.23 shall be authorized and contracted for under the standards established under this subsection. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes required to be licensed under s. 48.62. If the department directly contracts for services, it shall follow the procedures in this subsection in addition to meeting purchasing requirements established in s. 16.75.

55,4250c Section 4250c. 301.08 (2) (c) 1. of the statutes is amended to read:

301.08 (2) (c) 1. Purchase of service contracts Contracts under this section shall be written in accordance with rules and procedures established by the department. Contracts for client services shall show the total dollar amount to be purchased and; shall show for each service the number of clients to be served, number of client service units, the unit rate per client service, and the total dollar amount for each service; shall permit the provider of a rate-based service to generate a surplus of revenue earned under the contract over allowable costs incurred in the contract period; and shall permit a nonprofit corporation that is a provider of a rate-based service or a rate-regulated service to retain from that surplus the amounts specified in par. (em) 2., 3., 4., or 5., whichever is applicable. Nothing in this subdivision shall be construed to guarantee the generation of a surplus by a provider of a rate-based service.

55,4250e Section 4250e. 301.08 (2) (c) 3. of the statutes is amended to read:

301.08 (2) (c) 3. For proprietary agencies, contracts may include a percentage add-on for profit according to rules promulgated by the department. In calculating profits generated by a rate-regulated service, a proprietary agency may combine revenues in the same manner that a nonprofit corporation is permitted to combine revenues under par. (em) 3. a. and may offset surpluses generated by affiliated providers against deficits generated by such providers in the same manner that a nonprofit corporation is permitted to offset surpluses against deficits under par. (em) 3. b. In calculating profits generated by a rate-based service, a proprietary agency that is a successor provider following a merger, acquisition, consolidation, reorganization, sale, or other transfer may offset surpluses generated by a preexisting provider against deficits generated by such a provider in the same manner that a nonprofit corporation is permitted to offset surpluses against deficits under par. (em) 4.

55,4250h Section 4250h. 301.08 (2) (e) of the statutes is amended to read:

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.

55,4250k Section 4250k. 301.08 (2) (em) of the statutes is created to read:

301.08 (2) (em) 1. In this paragraph:

a. "Affiliated provider" means a provider that has control of, is subject to the control of, or is under common control with another provider.

b. "Combined revenues" means the aggregate revenues received by a provider from all purchasers of all rate-regulated services provided by the provider.

c. "Control" means the possession of the power, directly or indirectly, to direct or cause the direction of the management and policies of a provider through the ownership of more than 50 percent of the voting rights of the provider, by contract, or otherwise.