AB133-SSA1,1308,5
1292.99 (1) Any Except as provided under sub. (1m), any person who violates
2this chapter or any rule promulgated or any plan approval, license or special order
3issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each
4violation. Each day of continued violation is a separate offense. While an order is
5suspended, stayed or enjoined, this penalty does not accrue.
AB133-SSA1, s. 2651 6Section 2651. 292.99 (1m) of the statutes is created to read:
AB133-SSA1,1308,87 292.99 (1m) Any person who violates s. 292.65 (12m) or 292.66 (5) shall forfeit
8not less than $10 nor more than $10,000.
AB133-SSA1, s. 2652 9Section 2652. 292.99 (2) of the statutes is amended to read:
AB133-SSA1,1308,1810 292.99 (2) In addition to the penalties provided under sub. subs. (1) and (1m),
11the court may award the department of justice the reasonable and necessary
12expenses of the investigation and prosecution of the violation, including attorney
13fees. The department of justice shall deposit in the state treasury for deposit into the
14general fund all moneys that the court awards to the department or the state under
15this subsection. Ten percent of the money deposited in the general fund that was
16awarded under this subsection for the costs of investigation and the expenses of
17prosecution, including attorney fees, shall be credited to the appropriation account
18under s. 20.455 (1) (gh).
AB133-SSA1, s. 2652j 19Section 2652j. 293.41 (2) (g) of the statutes is amended to read:
AB133-SSA1,1308,2320 293.41 (2) (g) A provision for the amendment of the agreement. The agreement
21shall provide that the agreement is subject to amendment at the request of either
22party if additional information relevant to the issues addressed in the agreement is
23obtained after the agreement takes effect but before the hearing under s. 293.43.
AB133-SSA1, s. 2652k 24Section 2652k. 293.41 (6) of the statutes is created to read:
AB133-SSA1,1309,8
1293.41 (6) If an agreement takes effect before the effective date of this
2subsection .... [revisor inserts date], with respect to a mining permit application for
3which the department has not issued or denied a mining permit on the effective date
4of this subsection .... [revisor inserts date], the county, town, village, city or tribal
5government that entered into the agreement may request the operator to engage in
6negotiations regarding an amendment to the agreement based on additional
7information that is relevant to the issues addressed in the agreement and that is first
8obtained after the agreement takes effect but before the hearing under s. 293.43.
AB133-SSA1, s. 2652L 9Section 2652L. 293.49 (2) (g) of the statutes is created to read:
AB133-SSA1,1309,1110 293.49 (2) (g) That the applicant failed to negotiate with a county, town, village,
11city or tribal government under s. 293.41 (6).
AB133-SSA1, s. 2653 12Section 2653. 295.11 (10) of the statutes is amended to read:
AB133-SSA1,1309,2213 295.11 (10) "Solid waste" means any garbage, refuse, sludge from a waste
14treatment plant, water supply treatment plant or air pollution control facility and
15other discarded or salvageable materials, including solid, liquid, semisolid, or
16contained gaseous materials resulting from industrial, commercial, mining and
17agricultural operations, and from community activities, but does not include solids
18or dissolved material in domestic sewage, or solid or dissolved materials in irrigation
19return flows or industrial discharges which are point sources subject to permits
20under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear
21material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31
22(3) (1).
AB133-SSA1, s. 2653d 23Section 2653d. 295.16 (1) (c) of the statutes is created to read:
AB133-SSA1,1310,724 295.16 (1) (c) The requirements for a nonmetallic mining reclamation plan
25under s. 295.12 (3) (c), for public notice and an opportunity for a public informational

1hearing under s. 295.12 (3) (d) and for proof of financial responsibility under s. 295.12
2(3) (ds) do not apply to nonmetallic mining to obtain stone, soil, sand or gravel for the
3construction, maintenance or repair of a highway, railroad, airport facility, or any
4other transportation facility, conducted under contract with a municipality, as
5defined in s. 299.01 (8), if the contract requires the nonmetallic mining site to be
6reclaimed in accordance with the requirements of the department of transportation
7concerning the restoration of nonmetallic mining sites.
AB133-SSA1, s. 2670 8Section 2670. 299.13 (title) of the statutes is amended to read:
AB133-SSA1,1310,9 9299.13 (title) Hazardous pollution Pollution prevention.
AB133-SSA1, s. 2671 10Section 2671. 299.13 (1) (be) of the statutes is created to read:
AB133-SSA1,1310,1211 299.13 (1) (be) "Center" means the solid and hazardous waste education center
12under s. 36.25 (30).
AB133-SSA1, s. 2672 13Section 2672. 299.13 (1) (c) of the statutes is repealed.
AB133-SSA1, s. 2673 14Section 2673. 299.13 (1) (dm) of the statutes is created to read:
AB133-SSA1,1310,1615 299.13 (1) (dm) 1. "Pollution prevention" means an action that does any of the
16following:
AB133-SSA1,1310,1717 a. Prevents waste from being created.
AB133-SSA1,1310,1818 b. Reduces the amount of waste that is created.
AB133-SSA1,1310,2019 c. Changes the nature of waste being created in a way that reduces the hazards
20to public health or the environment posed by the waste.
AB133-SSA1,1310,2421 2. "Pollution prevention" does not include incineration, recycling or treatment
22of a waste, changes in the manner of disposal of a waste or any practice that changes
23the characteristics or volume of a waste if the practice is not part of the process that
24produces a product or provides a service.
AB133-SSA1, s. 2674 25Section 2674. 299.13 (1) (e) of the statutes is repealed.
AB133-SSA1, s. 2675
1Section 2675. 299.13 (1m) (intro.) of the statutes is amended to read:
AB133-SSA1,1311,52 299.13 (1m) Promotion of hazardous pollution prevention. (intro.) In
3carrying out the duties under this section and ss. 36.25 (30) and 560.19, the
4department, the department of commerce and the program center shall promote all
5of the following techniques for hazardous pollution prevention:
AB133-SSA1, s. 2676 6Section 2676. 299.13 (1m) (f) of the statutes is created to read:
AB133-SSA1,1311,77 299.13 (1m) (f) Reducing energy use.
AB133-SSA1, s. 2677 8Section 2677. 299.13 (1m) (g) of the statutes is created to read:
AB133-SSA1,1311,99 299.13 (1m) (g) Training employes to minimize waste.
AB133-SSA1, s. 2678 10Section 2678. 299.13 (2) (a) of the statutes is amended to read:
AB133-SSA1,1311,1211 299.13 (2) (a) Designate an employe of the department to serve as hazardous
12pollution prevention coordinator and to do all of the following:
AB133-SSA1,1311,1813 2. Recommend educational priorities to the university of Wisconsin-extension
14for the program center, considering volume and toxicity of hazardous substances,
15toxic pollutants and hazardous waste produced, lack of compliance with
16environmental standards, potential for hazardous pollution prevention and
17projected shortfalls in hazardous waste treatment or disposal facilities under the
18capacity assurance plan.
AB133-SSA1,1311,2019 3. Coordinate the department's hazardous pollution prevention efforts with
20those of other governmental agencies and private groups.
AB133-SSA1,1311,2221 4. Provide training concerning hazardous pollution prevention to employes of
22the department.
AB133-SSA1, s. 2679 23Section 2679. 299.13 (2) (b) of the statutes is amended to read:
AB133-SSA1,1312,324 299.13 (2) (b) Identify all department requirements for reporting on hazardous
25pollution prevention and, to the extent possible and practical, standardize,

1coordinate and consolidate the reporting in order to minimize duplication and
2provide useful information on hazardous pollution prevention to the legislature and
3the public.
AB133-SSA1, s. 2680 4Section 2680. 299.13 (2) (d) of the statutes is amended to read:
AB133-SSA1,1312,55 299.13 (2) (d) Seek federal funding to promote hazardous pollution prevention.
AB133-SSA1, s. 2680v 6Section 2680v. 299.15 (3) (cm) 1. of the statutes is created to read:
AB133-SSA1,1312,87 299.15 (3) (cm) 1. In fiscal year 1999-2000, the department may not charge
8total fees under par. (am) that exceed $7,450,000.
AB133-SSA1, s. 2681 9Section 2681. 299.15 (3) (cm) 2. of the statutes is amended to read:
AB133-SSA1,1312,1110 299.15 (3) (cm) 2. In any fiscal year after fiscal year 1999-2000, the department
11may not charge total fees under par. (am) that exceed $7,450,000 $7,925,000.
AB133-SSA1, s. 2681e 12Section 2681e. 299.15 (3) (e) of the statutes is created to read:
AB133-SSA1,1312,1513 299.15 (3) (e) In the rules under par. (am) 3. for fees required to be paid in fiscal
14years beginning with fiscal year 2000-01, the department shall do all of the
15following:
AB133-SSA1,1312,1716 1. Use the fees paid by a person in fiscal year 1999-2000 as the basis for the
17person's fees.
AB133-SSA1,1312,1918 2. Determine the fee for each person based on the number of units of pollutants
19discharged by the person, using a 5-year rolling average.
AB133-SSA1,1312,2420 3. Use a performance-based approach that increases a person's fees in
21proportion to increases in the number of units of pollutants discharged by the person,
22as determined under subd. 2., and decreases a person's fees in proportion to
23decreases in the number of units of pollutants discharged by the person, as
24determined under subd. 2.
AB133-SSA1,1313,2
14. Omit any multiplier or similar mechanism that would increase a person's
2fees in order to compensate for decreases in overall amounts of discharges.
AB133-SSA1,1313,43 5. Omit any provision that would increase the fee per unit of pollutant
4discharged in order to compensate for decreases in overall amounts of discharges.
AB133-SSA1, s. 2681k 5Section 2681k. 299.47 of the statutes is created to read:
AB133-SSA1,1313,6 6299.47 Sale and delivery of dry cleaning solvent. (1) In this section:
AB133-SSA1,1313,77 (a) "Dry cleaning facility" has the meaning given in s. 292.65 (1) (d).
AB133-SSA1,1313,88 (b) "Dry cleaning solvent" has the meaning given in s. 292.65 (1) (e).
AB133-SSA1,1313,119 (c) "Owner" means a person who owns, or has possession or control of, a dry
10cleaning facility, or who receives direct or indirect consideration from the operation
11of a dry cleaning facility.
AB133-SSA1,1313,14 12(2) A supplier of dry cleaning solvent may not sell or deliver to the owner or
13operator of a dry cleaning facility any dry cleaning solvent unless the dry cleaning
14facility is licensed under s. 77.9961 (2).
AB133-SSA1,1313,16 15(3) Any person who violates sub. (2) may be required to forfeit not more than
16$500 for each violation.
AB133-SSA1, s. 2682 17Section 2682. 299.95 of the statutes is amended to read:
AB133-SSA1,1314,7 18299.95 Enforcement; duty of department of justice; expenses. The
19attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
20ss. 281.48, 285.57, 285.59 and 299.64, and all rules, special orders, licenses, plan
21approvals and permits of the department, except those promulgated or issued under
22ss. 281.48, 285.57, 285.59 and 299.64 and except as provided in s. 285.86. The circuit
23court for Dane county or for any other county where a violation occurred in whole or
24in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or
25the rule, special order, license, plan approval or permit by injunctional and other

1relief appropriate for enforcement. For purposes of this proceeding where chs. 281
2to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval
3or permit prohibits in whole or in part any pollution, a violation is considered a public
4nuisance. The department of natural resources may enter into agreements with the
5department of justice to assist with the administration of chs. 281 to 285 and 289 to
6295 and this chapter. Any funds paid to the department of justice under these
7agreements shall be credited to the appropriation account under s. 20.455 (1) (k).
AB133-SSA1, s. 2682m 8Section 2682m. 299.97 (1) of the statutes is amended to read:
AB133-SSA1,1314,149 299.97 (1) Any person who violates this chapter, except s. 299.15 (1), 299.47
10(2),
299.51 (4) (b), 299.53 (2) (a) or (3), 299.62 (2) or 299.64 (2), or any rule
11promulgated or any plan approval, license or special order issued under this chapter,
12except under those sections, shall forfeit not less than $10 nor more than $5,000, for
13each violation. Each day of continued violation is a separate offense. While the order
14is suspended, stayed or enjoined, this penalty does not accrue.
AB133-SSA1, s. 2689 15Section 2689. 301.029 of the statutes is created to read:
AB133-SSA1,1314,18 16301.029 Contracts requiring prisoner access to personal information.
17(1) In this section, "financial transaction card" has the meaning given in s. 943.41
18(1) (em).
AB133-SSA1,1314,22 19(2) (a) The department may not enter into any contract or other agreement if,
20in the performance of the contract or agreement, a prisoner would perform data entry
21or telemarketing services and have access to an individual's financial transaction
22card numbers, checking or savings account numbers or social security number.
AB133-SSA1,1315,223 (b) The department may not enter into any contract or other agreement if, in
24the performance of the contract or agreement, a prisoner would perform data entry

1services or telemarketing services and have access to any information that may serve
2to identify a minor.
AB133-SSA1, s. 2689m 3Section 2689m. 301.03 (3c) of the statutes is amended to read:
AB133-SSA1,1315,84 301.03 (3c) If requested by the department of health and family services,
5contract with that department to supervise and provide services to persons who are
6conditionally transferred or discharged under s. 51.37 (9), conditionally released
7under s. 971.17 (3) or placed on supervised release under s. 980.06 (2), 1997 stats.,
8or s. 980.08.
AB133-SSA1, s. 2692e 9Section 2692e. 301.048 (2) of the statutes is renumbered 301.048 (2) (am), and
10301.048 (2) (am) (intro.) and 2., as renumbered, are amended to read:
AB133-SSA1,1315,1311 301.048 (2) (am) (intro.) A Except as provided in par. (bm), a person enters the
12intensive sanctions program only if he or she has been convicted of a felony and only
13under one of the following circumstances:
AB133-SSA1,1315,1714 2. He or she is a prisoner serving a felony sentence not punishable by life
15imprisonment and the department directs him or her to participate in the program.
16This paragraph subdivision does not apply to a prisoner serving a bifurcated
17sentence imposed under s. 973.01.
AB133-SSA1, s. 2692m 18Section 2692m. 301.048 (2) (bm) of the statutes is created to read:
AB133-SSA1,1315,1919 301.048 (2) (bm) 1. In this paragraph, "violent offense" means:
AB133-SSA1,1316,220 a. A crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09,
21940.10, 940.19 (3), (4) or (5), 940.195 (3), (4) or (5), 940.20, 940.201, 940.203, 940.21,
22940.225 (1) to (3), 940.23, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r.,
232. or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30,
24941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23

1(1g), (1m) or (1r), 943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
2948.04, 948.05, 948.06, 948.07, 948.08 or 948.30.
AB133-SSA1,1316,53 b. A crime under federal law, the law of any other state or, prior to the effective
4date of this subdivision 1. b. .... [revisor inserts date], the law of this state that is
5comparable to a crime specified in subd. 1. a.
AB133-SSA1,1316,86 2. A person who has at any time been convicted, adjudicated delinquent or
7found not guilty or not responsible by reason of insanity or mental disease, defect or
8illness of or for a violent offense is not eligible for the intensive sanctions program.
AB133-SSA1, s. 2692s 9Section 2692s. 301.048 (4) (a) of the statutes is amended to read:
AB133-SSA1,1316,1810 301.048 (4) (a) A participant is in the custody and under the control of the
11department, subject to its rules and discipline. A participant entering the program
12under sub. (2) (a) or (b) (am) 1. or 2. is a prisoner. A participant entering the program
13under sub. (2) (c) (am) 3. is a prisoner, except that he or she is a parolee for purposes
14of revocation. A participant entering the program under sub. (2) (cm) (am) 3m. is a
15prisoner, except that he or she remains a person on extended supervision for
16purposes of revocation. A participant entering the program under sub. (2) (d) (am)
174.
is a prisoner, except that he or she remains a probationer, parolee or person on
18extended supervision, whichever is applicable, for purposes of revocation.
AB133-SSA1, s. 2695m 19Section 2695m. 301.16 (1q) of the statutes is created to read:
AB133-SSA1,1316,2320 301.16 (1q) The department shall establish probation and parole holding
21facilities, one of which shall be the probation and parole holding and alcohol and
22other drug abuse treatment facility in the city of Milwaukee, as enumerated in 1997
23Wisconsin Act 27
, section 9107 (1) (b) 1.
AB133-SSA1, s. 2698g 24Section 2698g. 301.16 (1v) of the statutes is created to read:
AB133-SSA1,1317,2
1301.16 (1v) In addition to the institutions under sub. (1), the department shall
2establish a medium security correctional institution in Chippewa Falls.
AB133-SSA1, s. 2698m 3Section 2698m. 301.18 (1) (c) of the statutes is created to read:
AB133-SSA1,1317,74 301.18 (1) (c) Provide the facilities necessary for the correctional institution
5under s. 301.16 (1v) using the Highview building located at the Northern Wisconsin
6Center for the Developmentally Disabled and converted to a correctional facility
7under 1999 Wisconsin Act .... (this act), section 9107 (1) (b) 1.
AB133-SSA1, s. 2698s 8Section 2698s. 301.18 (1g) of the statutes is created to read:
AB133-SSA1,1317,109 301.18 (1g) The department of administration may acquire or lease
10correctional facilities under 1999 Wisconsin Act .... (this act), section 9111(4xt) (b).
AB133-SSA1, s. 2698w 11Section 2698w. 301.19 of the statutes is created to read:
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