Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,445,19 287.91 (2) Notwithstanding sub. (1) and s. 287.95 (3) (a), the attorney general may enforce s. 287.07 (3) and (4) (1m) (c) by seeking injunctive relief against any person violating those provisions.

AB133-ASA1-AA2, s. 2567g Section 2567g. 287.95 (2) (a) of the statutes is repealed.

AB133-ASA1-AA2, s. 2567h Section 2567h. 287.95 (2) (b) of the statutes is renumbered 287.95 (2) and amended to read:

AB133-ASA1-AA2,446,2 287.95 (2) (b) After December 31, 1994, any Any person who violates s. 287.07 (2) or 287.08 may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.

AB133-ASA1-AA2, s. 2567j Section 2567j. 287.95 (3) of the statutes is repealed.

AB133-ASA1-AA2, s. 2567L Section 2567L. 287.95 (4) of the statutes is amended to read:

AB133-ASA1-AA2,446,7 287.95 (4) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture for the violations under subs. (1), and (2) (b) and (3) (b).".

AB133-ASA1-AA2,446,8 945. Page 1282, line 21: after that line insert:

AB133-ASA1-AA2,446,9 " Section 2581r. 292.13 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,446,13 292.13 (1) Exemption from liability for groundwater contamination. (intro.) A person, other than a state agency, is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the groundwater on property possessed or controlled by the person if all of the following apply:

AB133-ASA1-AA2, s. 2581w Section 2581w. 292.13 (1m) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,446,18 292.13 (1m) Exemption from liability for soil contamination. (intro.) A person, other than a state agency, is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the soil on property possessed or controlled by the person if all of the following apply:".

AB133-ASA1-AA2,446,19 946. Page 1300, line 1: delete lines 1 to 5.

AB133-ASA1-AA2,446,20 947. Page 1302, line 6: delete lines 6 to 13.

AB133-ASA1-AA2,446,21 948. Page 1303, line 20: after that line insert:

AB133-ASA1-AA2,446,22 " Section 2648c. 292.70 of the statutes is created to read:

AB133-ASA1-AA2,446,24 292.70 Indemnification for disposal of polychlorinated biphenyls. (1) Definition. In this section, "PCBs" has the meaning given in s. 299.45 (1) (a).

AB133-ASA1-AA2,447,7 (2) Indemnification agreements concerning disposal of contaminated sediments. Subject to sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employes and agents against liability for damage to persons, property or the environment resulting from the municipality's acceptance for disposal of sediments that are from the Great Lakes basin and are contaminated with PCBs, if the sediments are disposed of in a manner approved by the department.

AB133-ASA1-AA2,447,15 (3) Indemnification agreements concerning treatment of contaminated leachate. Subject to sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employes and agents against any liability for damage to persons, property or the environment resulting from the municipality's conveyance or treatment of leachate that is contaminated with PCBs and that is from a landfill that accepts sediments contaminated with PCBs, if the leachate is treated in a manner approved by the department.

AB133-ASA1-AA2,447,17 (4) Requirements. The department may enter into an agreement under sub. (2) or (3) only if all of the following apply:

AB133-ASA1-AA2,447,19 (a) The agreement is approved by the governor, the attorney general, the secretary and the governing body of the municipality.

AB133-ASA1-AA2,447,21 (b) The agreement specifies a method for determining whether the municipality is liable for damage described in sub. (2) or (3).

AB133-ASA1-AA2,447,24 (c) The agreement requires the municipality to notify the department and the attorney general when a claim or lawsuit to which the agreement may apply is filed against the political subdivision.

AB133-ASA1-AA2,448,2 (d) The agreement authorizes the attorney general to intervene on behalf of the municipality and this state in any lawsuit to which the agreement may apply.

AB133-ASA1-AA2,448,4 (e) The agreement requires the operator of the solid waste disposal facility or wastewater treatment facility to minimize risks related to PCBs.

AB133-ASA1-AA2,448,7 (f) The agreement authorizes the department to require the operator of the solid waste disposal facility or wastewater treatment facility to operate in a manner specified by the department in order to minimize risks related to PCBs.

AB133-ASA1-AA2,448,10 (5) Limitation. The department may include in an agreement under sub. (4) a limitation on the amount that this state will pay to a municipality under the agreement.

AB133-ASA1-AA2,448,12 (6) Immunity. This section and any agreement entered into under sub. (3) or (4) may not be construed as consent to sue this state.

AB133-ASA1-AA2,448,15 (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) (fq).".

AB133-ASA1-AA2,448,17 949. Page 1308, line 19: delete the material beginning with that line and ending with page 1309, line 11.

AB133-ASA1-AA2,448,18 950. Page 1313, line 16: after that line insert:

AB133-ASA1-AA2,448,19 " Section 2681m. 299.51 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,448,20 299.51 (1) (a) "Clinic" has the meaning given in s. 287.07 (7) (c) 1. a. (8) (a) 1.

AB133-ASA1-AA2, s. 2681n Section 2681n. 299.51 (1) (b) of the statutes is amended to read:

AB133-ASA1-AA2,448,24 299.51 (1) (b) "Medical waste" means infectious waste, as defined in s. 287.07 (7) (c) 1. c. (8) (a) 3., and other waste that contains or may be mixed with infectious waste.".

AB133-ASA1-AA2,449,1 951. Page 1314, line 14: after that line insert:

AB133-ASA1-AA2,449,2 " Section 2683d. 301.01 (2) (b) of the statutes is amended to read:

AB133-ASA1-AA2,449,5 301.01 (2) (b) Any resident of a secured correctional facility, as defined in s. 938.02 (15m), or of a secured child caring institution, as defined in s. 938.02 (15g) or a secured group home.

AB133-ASA1-AA2, s. 2684d Section 2684d. 301.01 (3k) of the statutes is created to read:

AB133-ASA1-AA2,449,8 301.01 (3k) "Secured child caring institution" has the meaning given in s. 938.02 (15g).

AB133-ASA1-AA2, s. 2685d Section 2685d. 301.01 (3m) of the statutes is created to read:

AB133-ASA1-AA2,449,11 301.01 (3m) "Secured correctional facility" has the meaning given in s. 938.02 (15m).

AB133-ASA1-AA2, s. 2686d Section 2686d. 301.01 (3p) of the statutes is created to read:

AB133-ASA1-AA2,449,13 301.01 (3p) "Secured group home" has the meaning given in s. 938.02 (15p).

AB133-ASA1-AA2, s. 2687d Section 2687d. 301.01 (4) of the statutes is amended to read:

AB133-ASA1-AA2,449,17 301.01 (4) "State correctional institution" means a state prison under s. 302.01 or a secured correctional facility, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center operated by the department.

AB133-ASA1-AA2, s. 2688d Section 2688d. 301.027 of the statutes is amended to read:

AB133-ASA1-AA2,449,22 301.027 Treatment program at one or more juvenile secured correctional institutions facilities. The department shall maintain a cottage-based intensive alcohol and other drug abuse program at one or more juvenile secured correctional institutions facilities.".

AB133-ASA1-AA2,449,23 952. Page 1315, line 8: after that line insert:

AB133-ASA1-AA2,449,24 " Section 2690d. 301.03 (10) (d) of the statutes is amended to read:

AB133-ASA1-AA2,450,6 301.03 (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, the release of juvenile offenders from juvenile secured correctional institutions facilities, secured child caring institutions or secured group homes to aftercare placements and the transfer of juveniles to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d).

AB133-ASA1-AA2, s. 2691d Section 2691d. 301.03 (10) (e) of the statutes is amended to read:

AB133-ASA1-AA2,450,10 301.03 (10) (e) Provide educational programs in all secured correctional facilities, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center operated by the department.

AB133-ASA1-AA2, s. 2692d Section 2692d. 301.03 (10) (f) of the statutes is amended to read:

AB133-ASA1-AA2,450,14 301.03 (10) (f) Provide health services and psychiatric services for residents of all secured correctional facilities, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center operated by the department.".

AB133-ASA1-AA2,450,15 953. Page 1316, line 18: after that line insert:

AB133-ASA1-AA2,450,16 " Section 2693d. 301.08 (1) (b) 3. of the statutes is amended to read:

AB133-ASA1-AA2,451,3 301.08 (1) (b) 3. Contract with public, private or voluntary agencies for the supervision, maintenance and operation of secured correctional facilities, as defined in s. 938.02 (15m), child caring institutions, as defined in s. 938.02 (2c), and secured child caring institutions, as defined in s. 938.02 (15g), for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or (4m). The department may designate a secured correctional facility, child caring institution or a secured child caring institution contracted for under this subdivision as a Type 2 secured correctional facility, as defined in s. 938.02 (20), and may designate a child caring institution or secured child caring institution contracted for under this subdivision as a Type 2 child caring institution, as defined in s. 938.02 (19r).

AB133-ASA1-AA2, s. 2694d Section 2694d. 301.08 (1) (b) 4. of the statutes is created to read:

AB133-ASA1-AA2,451,11 301.08 (1) (b) 4. Contract with not more than 5 counties or with not more than 5 consortia of not more than 5 counties for the operation of not more than 5 secured group homes for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 983.183 or 938.34 (4m). The contract shall specify that the county or counties operating a secured group home must comply with all rules of the department that are applicable to the treatment of juveniles who are placed in a secured correctional facility.".

AB133-ASA1-AA2,451,13 954. Page 1318, line 3: delete that line and substitute "conversion or has approved the construction or conversion of the building, structure or facility.".

AB133-ASA1-AA2,451,14 955. Page 1318, line 4: delete lines 4 and 5.

AB133-ASA1-AA2,451,15 956. Page 1318, line 9: after that line insert:

AB133-ASA1-AA2,451,16 " Section 2699d. 301.205 of the statutes is amended to read:

AB133-ASA1-AA2,451,21 301.205 Reimbursement to visiting families. The department may reimburse families visiting girls at a secured correctional facility , as defined in s. 938.02 (15m). If the department decides to provide the reimbursement, it the department shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.".

AB133-ASA1-AA2,451,22 957. Page 1318, line 20: after that line insert:

AB133-ASA1-AA2,451,23 " Section 2701d. 301.26 (4) (cm) 1. of the statutes is amended to read:

AB133-ASA1-AA2,452,14 301.26 (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 juvenile secured correctional institutions facilities, secured child caring institutions, as defined in s. 938.02 (15g), 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 juvenile secured correctional facility based on a delinquent act that is a violation of 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, 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 juvenile secured correctional institution or a 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.

AB133-ASA1-AA2, s. 2702d Section 2702d. 301.26 (4) (cm) 2. of the statutes is amended to read:

AB133-ASA1-AA2,452,24 301.26 (4) (cm) 2. 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 juvenile secured correctional institutions facilities, secured child caring institutions, as defined in s. 938.02 (15g), 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 and under 18 years of age who has been placed in a juvenile secured correctional facility under s. 48.366 based on a delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).".

AB133-ASA1-AA2,453,1 958. Page 1319, line 25: after that line insert:

AB133-ASA1-AA2,453,2 " Section 2706d. 301.26 (4) (dt) of the statutes is amended to read:

AB133-ASA1-AA2,453,5 301.26 (4) (dt) For Except as provided in pars. (e) to (g), for serious juvenile offender services, all uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (hm).".

AB133-ASA1-AA2,453,6 959. Page 1321, line 9: after that line insert:

AB133-ASA1-AA2,453,8 " Section 2709L. 301.26 (7) (a) 3. of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-AA2,453,12 301.26 (7) (a) 3. Each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional institution or secured correctional facility, a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home during the most recent 3-year period for which that information is available.".

AB133-ASA1-AA2,453,13 960. Page 1322, line 12: after that line insert:

AB133-ASA1-AA2,453,14 " Section 2710d. 301.263 (3) of the statutes is amended to read:

AB133-ASA1-AA2,454,4 301.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of juveniles statewide who are placed in a juvenile secured correctional institution or facility, a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance, during the most recent 2-year period for which that information is available.".

AB133-ASA1-AA2,454,5 961. Page 1323, line 13: after that line insert:

AB133-ASA1-AA2,454,6 " Section 2712d. 301.36 (1) of the statutes is amended to read:

AB133-ASA1-AA2,454,11 301.36 (1) General authority. The department shall investigate and supervise all of the state correctional institutions prisons under s. 302.01, all secured correctional facilities, all secured child caring institutions, all secured group homes and all secure detention facilities and familiarize itself with all of the circumstances affecting their management and usefulness.

AB133-ASA1-AA2, s. 2713d Section 2713d. 301.37 (1) of the statutes is amended to read:

AB133-ASA1-AA2,454,20 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of all houses of correction, reforestation camps maintained under s. 303.07, jails as defined in s. 302.30, extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8), lockup facilities as defined in s. 302.30, work camps under s. 303.10, Huber facilities under s. 303.09 and, after consulting with the department of health and family services, all secured group homes and secure detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.

AB133-ASA1-AA2, s. 2714d Section 2714d. 301.45 (1) (b) of the statutes is amended to read:

AB133-ASA1-AA2,455,5 301.45 (1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home or is on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any 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, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

AB133-ASA1-AA2, s. 2715d Section 2715d. 301.45 (1) (bm) of the statutes is amended to read:

AB133-ASA1-AA2,455,15 301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home or is on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to 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, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

AB133-ASA1-AA2, s. 2716d Section 2716d. 301.45 (3) (a) 2. of the statutes is amended to read: