AB100-ASA1-AA1,337,1
1(a) Permits and other approvals under ss. 30.10 to 30.205 and 30.21 to 30.27.
AB100-ASA1-AA1,337,22
(b) Approvals under s. 281.17 (1).
AB100-ASA1-AA1,337,33
(c) Permits under subch. IV of ch. 283.
AB100-ASA1-AA1,337,44
(e) Licenses under subch. III of ch. 289.
AB100-ASA1-AA1,337,55
(f) Licenses issued under subch. IV of ch. 291.".
AB100-ASA1-AA1,337,8
8299.94 Immunity for disclosures. (1) Definitions. In this section:
AB100-ASA1-AA1,337,99
(a) "Environmental audit" has the meaning given in s. 905.20 (1) (a).
AB100-ASA1-AA1,337,1010
(b) "Environmental requirement" has the meaning given in s. 905.20 (1) (b).
AB100-ASA1-AA1,337,14
11(2) Disclosure immunity. (a) A person who voluntarily discloses to the
12department information relating to a potential violation of an environmental
13requirement to the department shall be immune from the imposition of a civil or
14criminal penalty that could be imposed for the violation if all of the following apply:
AB100-ASA1-AA1,337,2015
1. At the time that the voluntary disclosure is made to the department, the
16person making that disclosure provides the department with a certification, signed
17before the environmental audit occurred by the person or by an authorized
18representative of the person, that specifies the facility or portion of a facility to be
19audited, when the audit will begin and the general scope of the audit. The
20certification may relate to more than one scheduled environmental audit.
AB100-ASA1-AA1,337,2321
2. The voluntary disclosure is made promptly after the person knew, on the
22basis of information obtained during an environmental audit, that a potential
23violation occurred.
AB100-ASA1-AA1,337,2424
3. The person makes a good faith effort to timely correct the potential violation.
AB100-ASA1-AA1,338,2
14. The person cooperates with any reasonable request by the department in any
2investigation that results from the disclosure.
AB100-ASA1-AA1,338,53
5. The environmental audit occurs before the person is made aware that he or
4she is under investigation by a regulatory agency for potential violations of
5environmental requirements.
AB100-ASA1-AA1,338,86
6. At the time that the voluntary disclosure is made to the department, the
7person making that disclosure provides the department with information showing
8that the conditions specified in subds. 2. to 5. have been satisfied.
AB100-ASA1-AA1,338,139
(b) If the person who voluntarily discloses information under par. (a) is a
10governmental unit, as defined in s. 939.648 (1), or a business entity, the immunity
11under this subsection applies to a director, officer, official, shareholder, trustee and
12managing employe, as defined in s. 49.498 (1) (e), of that person and to an employe
13of that person if the employe consents in writing to the disclosure.
AB100-ASA1-AA1,338,15
14(3) Exceptions. A penalty may be imposed notwithstanding sub. (2) if any of
15the following applies:
AB100-ASA1-AA1,338,1816
(a) The information disclosed under sub. (2) is required to be reported under
17a specific permit, license or approval condition or under an order issued by the
18department.
AB100-ASA1-AA1,338,2019
(b) The violation resulted in serious actual harm or in imminent and
20substantial endangerment to human health or the environment.
AB100-ASA1-AA1,339,221
(c) Within 3 years before the disclosure, the person making the disclosure has
22been found by a court or administrative law judge to have knowingly committed a
23criminal act or committed serious violations that constitute a pattern of continuous
24or repeated violations of environmental requirements, settlement agreements,
1consent orders or judicial orders that were due to separate and distinct events giving
2rise to the violations.
AB100-ASA1-AA1,339,43
(d) The violation resulted in a substantial economic benefit that gave the
4violator a clear advantage over its business competitors.
AB100-ASA1-AA1,339,9
5(4) Criminal penalties. Immunity provided for in this section does not apply
6to any criminal penalties if the criminal violation was the result of gross negligence
7by the owner or operator of a site or facility or was committed with knowledge by an
8owner or operator of a site or facility that an environmental requirement was
9violated.
AB100-ASA1-AA1,339,17
10(5) Burden of proof. When the department commences an enforcement action
11against any person covered under sub. (2) for a violation of an environmental
12requirement based in whole or in part on information contained in an environmental
13audit and disclosed to the department, the disclosure shall be presumed to be
14voluntary. The department has the burden of proving by a preponderance of the
15evidence that a penalty may be imposed because the disclosure was not voluntary,
16because any of the conditions under sub. (2) (a) were not met or because one of the
17exceptions under sub. (3) applies.".
AB100-ASA1-AA1,340,722
301.16
(1g) In addition to the institutions under sub. (1), the department of
23corrections shall establish the medium security correctional institution or
24institutions authorized under 1997 Wisconsin Act .... (this act), section 9107 (1) (b),
1at the site or sites selected by the building commission. If the department of
2administration, under s. 16.707, accepts a competitive sealed proposal for the initial
3operation and management of a medium security correctional institution authorized
4under 1997 Wisconsin Act .... (this act), section 9107 (1) (b), the department of
5corrections shall enter into a contractual services agreement with the contractor for
6the initial operation and management of the medium security correctional
7institution.".
AB100-ASA1-AA1,340,11
9"(a) For community youth and family aids under this section, amounts not to
10exceed
$37,243,500 $39,232,900 for the last 6 months of
1996 and $37,347,600 1997,
11$78,465,900 for 1998 and $39,233,000 for the first 6 months of
1997 1999.".
AB100-ASA1-AA1,340,2314
301.37
(5) The department's standards and regulations under sub. (1) for
15secure detention facilities apply to private secure detention facilities used under s.
16938.222. At least annually, the department shall inspect each such private secure
17detention facility with respect to safety, sanitation, adequacy and fitness, report to
18the county board and the private entity operating the private secure detention
19facility regarding any deficiency found and order the necessary work to correct it.
20If within 6 months thereafter the work is not commenced, or not completed within
21a reasonable period thereafter to the satisfaction of the department, the department
22shall prohibit the use of the private secure detention facility for purposes of s.
23938.222 until the order is complied with.".
AB100-ASA1-AA1,341,122
303.01
(1) (b) The department,
with the approval of the prison industries board
3and after a hearing is held under par. (c), may establish industries for the
4employment of inmates in the state prisons or residents in any correctional
5institution operated by the department for holding in secure custody persons
6adjudged delinquent. Except as provided in par. (d), prison industries may engage
7in manufacturing articles for and providing services to the state and its political
8subdivisions and any tax-supported institution or nonprofit agency and for sale of
9such articles and services to other states or political divisions thereof or to the United
10States. The department shall fix the price of all products and services as near the
11market price as possible. Supplies, materials and equipment may be reconditioned
12by prison industries for sale under s. 16.72.".
AB100-ASA1-AA1,341,19
141010. Page 1631, line 2: after "paragraph." insert "
If the department enters
15into a contract that requires the department to purchase equipment for use by a
16private business that leases space under this paragraph, the contract shall provide
17that the private business purchase the equipment from the department and pay the
18department the full cost of the equipment, plus interest, before the end of the contract
19under which the private business leases space.".
AB100-ASA1-AA1,341,22
21"
Section 3909d. 303.01 (2) (em) of the statutes, as affected by 1997 Wisconsin
22Act .... (this act), section 3909b, is amended to read:
AB100-ASA1-AA1,342,1623
303.01
(2) (em) Lease space, with or without equipment, within the precincts
24of state prisons, as specified in s. 302.02, or within the confines of correctional
1institutions operated by the department for holding in secure custody persons
2adjudged delinquent, to not more than 3 private businesses to employ prison inmates
3and institution residents to manufacture products or components or to provide
4services for sale on the open market. The department shall comply with s. 16.75 in
5selecting businesses under this paragraph. The department may enter into a
6contract under this paragraph only with the approval of the joint committee on
7finance. The department shall consult with appropriate trade organizations and
8labor unions prior to issuing requests for proposals and prior to selecting proposals
9under this paragraph. Each such private business may conduct its operations as a
10private business, subject to the wage standards under sub. (4), the disposition of
11earnings under sub. (8), the requirements for notification and hearing under sub. (1)
12(c)
, the requirement for prison industries board approval under s. 303.015 (1) (b) and
13the authority of the department to maintain security and control in its institutions.
14The private business and its operations are not a prison industry. Inmates employed
15by the private business are not subject to the requirements of inmates participating
16in prison industries, except as provided in this paragraph;
AB100-ASA1-AA1,342,2418
303.01
(4) Wage standards. All inmates and residents shall be paid a wage that
19is based on the productivity of the work the inmates and residents perform. Wages
20may be established at an hourly rate plus an incentive wage based on productivity
21and piecework formulas may be created. However, wages shall not be set at a rate
22such as to cause a deficit on operations. Changes in inmate and resident wage rate
23schedules may not be made without approval of the
prison industries board 24department.".
AB100-ASA1-AA1,343,53
303.01
(9) Staff services. The secretary shall appoint the director of prison
4industries outside the classified service.
The department shall provide other staff
5services to the prison industries board within the classified service.
AB100-ASA1-AA1, s. 3910bh
6Section 3910bh. 303.015 (title) of the statutes is renumbered 303.01 (3) (title)
7and amended to read:
AB100-ASA1-AA1,343,88
303.01
(3) (title)
Prison industries board Duties of the department.
AB100-ASA1-AA1, s. 3910bm
9Section 3910bm. 303.015 (1) (intro.) of the statutes is renumbered 303.01 (3)
10(a) (intro.) and amended to read:
AB100-ASA1-AA1,343,1211
303.01
(3) (a) (intro.)
The prison industries board has the following powers and
12duties In the administration of the prison industries program, the department shall:
AB100-ASA1-AA1, s. 3910bz
14Section 3910bz. 303.015 (1) (b) of the statutes is renumbered 303.01 (3) (a)
151. and amended to read:
AB100-ASA1-AA1,344,216
303.01
(3) (a) 1.
The board shall develop Develop a plan containing
17recommendations for the manufacture and marketing of prison industries products,
18the provision of prison industries services and the provision of research and
19development activities. Whenever feasible, the plan shall include research activities
20with a facility involved in the composting of solid waste and sludge from wastewater
21treatment facilities. The plan may include, but is not limited to, recommended
22market research, product modifications, manufacturing techniques, pricing policies,
23advertising and elimination or establishment of specific industries or products. No
1prison industry may be established or permanently closed without approval of the
2board department.
AB100-ASA1-AA1, s. 3910cm
5Section 3910cm. 303.015 (1) (e) of the statutes is renumbered 303.01 (3) (a)
62. and amended to read:
AB100-ASA1-AA1,344,147
303.01
(3) (a) 2.
The board shall review Review and either approve or deny a
8proposal under s. 303.06 (5) to offer for sale in the open market a product or type of
9product manufactured in whole or in part by inmates as part of a hobby-craft
10program or vocational training. Once the
board department has approved the sale
11of a particular product or type of product under this
paragraph subdivision, the
12product or type of product may be offered for sale by any tax-supported or nonprofit
13agency under s. 303.06 (5) without further approval by the
board department under
14this
paragraph subdivision.
AB100-ASA1-AA1,344,1917
303.01
(3) (b) When
exercising its powers performing its duties under this
18subsection, the
board department shall consider the effect of its actions on private
19business, industry and labor.
AB100-ASA1-AA1,344,2322
303.01
(3) (c) In this
section subsection, "prison industries" does not include any
23correctional farm operation.
AB100-ASA1-AA1,345,13
1303.06
(4) (c) Prior to the establishment of a prison industry under s. 303.01
2(1) (b) relating to providing by-products of mattresses or by-products of paint from
3prison industries recycling operations
, and providing related notice under s. 303.01
4(1)
and receiving related approval under s. 303.015 (1) (b) and prior to entering into
5a contract under par. (b), the department shall provide written notification of the
6intent to provide those by-products or to enter into a contract to provide those
7by-products. The department shall provide the notification to those trade
8organizations and labor unions that the department determines would be interested
9in receiving the information. The notification shall include specific information on
10the proposal, the proposal's impact on private business, industry and labor and, if
11applicable, the method for the trade organization or labor union to communicate with
12the joint committee on finance before its hearing under s. 303.01 (1) (c) and with the
13board department before it acts under s.
303.015 (1) (b) 303.01 (3) (a) 1.
AB100-ASA1-AA1,345,2115
303.06
(5) A tax-supported institution or a nonprofit agency may offer for sale
16in the open market products manufactured in whole or in part by inmates in a state
17penal institution as part of a hobby-craft program or vocational training if the
18purpose of the sale is to support the institution's or agency's mission or is for some
19other charitable purpose and if the sale of that product or type of product has been
20approved by the
prison industries board department under s.
303.015 (1) (e) 303.01
21(3) (a) 2.".
AB100-ASA1-AA1,346,4
1340.01
(23v) "Ignition interlock device" means a device which measures the
2person's alcohol concentration and which is installed on a vehicle in such a manner
3that the vehicle will not start if the sample shows that the person has
a prohibited 4an alcohol concentration
of 0.04 or more.".
AB100-ASA1-AA1,346,7
6"
Section 3960m. 341.01 (2) of the statutes is renumbered 341.01 (2) (intro.)
7and amended to read:
AB100-ASA1-AA1,346,88
341.01
(2) (intro.) In this chapter
notwithstanding:
AB100-ASA1-AA1,346,12
9(a) Notwithstanding s. 340.01 (24), "implement of husbandry" means a vehicle
10or piece of equipment or machinery designed for agricultural purposes, used
11exclusively in the conduct of agricultural operations and used principally off a
12highway, or a trailer-mounted bulk liquid fertilizer container.
AB100-ASA1-AA1,346,1614
341.01
(2) (b) Notwithstanding s. 340.01 (42), "owner" means, with respect to
15a vehicle that is leased to a lessee for a period of one year or more, the lessee of the
16vehicle for purposes of vehicle registration under this chapter.".
AB100-ASA1-AA1,346,19
171015. Page 1635, line 8: after "department" insert "
, submitted to a dealer or
18local police department under s. 341.09 (2m) or (2r) for transmittal to the
19department".
AB100-ASA1-AA1,347,223
341.04
(1) (a) A vehicle may be operated by a private person after the date of
24purchase
or commencement of the lease of such vehicle by such private person or
1after the date such person moved to this state if application for registration, except
2for registration under s. 341.30 or 341.305, and certificate of title has been made.".
AB100-ASA1-AA1,347,138
341.04
(1) (c) Notwithstanding any other provision of this chapter, if a vehicle
9is owned by a lessor of vehicles and is leased to a lessee for a period of one year or more
10and the vehicle was registered in the name of the lessor before the effective date of
11this paragraph .... [revisor inserts date], the department may renew the registration
12in the name of the lessor in lieu of registration of the vehicle by the lessee. This
13paragraph does not apply to any subsequent lease of the vehicle by a lessor.".
