Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,402,14 281.695 (5) Any municipality may participate in the state financial assistance program for soil and water resources protection established under s. 281.55, 281.57 or 281.65 and may enter into agreements with the department of natural resources for that purpose. Any municipality may participate in the clean water fund program under ss. 281.58 and 281.59 and may enter into agreements with the department of administration and the department of natural resources for that purpose. Any county may participate in the state financial assistance program for soil and water resources protection established under s. 92.14 and may enter into agreements with the department of agriculture, trade and consumer protection natural resources for that purpose.".

AB1-SSA1-SA2,402,15 425. Page 182, line 16: after that line insert:

AB1-SSA1-SA2,402,16 " Section 369gm. 280.25 of the statutes is created to read:

AB1-SSA1-SA2,402,17 280.25 Report on aquifer recovery system. (1) In this section:

AB1-SSA1-SA2,402,19 (a) "Aquifer storage and recovery system" has the meaning given in s. 160.257 (1).

AB1-SSA1-SA2,402,20 (b) "Municipal water system" has the meaning given in s. 160.257 (1) (c).

AB1-SSA1-SA2,403,2 (2) The operator of a municipal water system that uses an aquifer storage and recovery system shall submit a report to the department, no later than the first day of the 60th month after beginning to operate the aquifer storage and recovery system, describing the experience that the operator has had with using the aquifer storage and recovery system.".

AB1-SSA1-SA2,403,3 426. Page 182, line 16: after that line insert:

AB1-SSA1-SA2,403,4 " Section 369qm. 281.65 (12) of the statutes is created to read:

AB1-SSA1-SA2,403,14 281.65 (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.".

AB1-SSA1-SA2,403,15 427. Page 182, line 16: after that line insert:

AB1-SSA1-SA2,403,17 " Section 369m. 283.84 (1) (c) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,403,21 283.84 (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.".

AB1-SSA1-SA2,403,22 428. Page 182, line 16: after that line insert:

AB1-SSA1-SA2,403,23 " Section 369h. 255.06 (2) (h) of the statutes is created to read:

AB1-SSA1-SA2,404,3 255.06 (2) (h) Multiple sclerosis education. Conduct a multiple sclerosis education program to raise public awareness concerning the causes and nature of multiple sclerosis and options for diagnosing and treating multiple sclerosis.".

AB1-SSA1-SA2,404,4 429. Page 186, line 6: after that line insert:

AB1-SSA1-SA2,404,5 " Section 372s. 299.41 of the statutes is amended to read:

AB1-SSA1-SA2,404,9 299.41 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.".

AB1-SSA1-SA2,404,10 430. Page 186, line 13: after that line insert:

AB1-SSA1-SA2,404,11 " Section 373g. 301.03 (3) of the statutes is amended to read:

AB1-SSA1-SA2,404,22 301.03 (3) Administer Subject to sub. (3a), administer parole, extended supervision, and probation matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission, and the decision to revoke probation, extended supervision, or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules establishing a drug testing program for probationers, parolees, and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees, and persons placed on extended supervision to partially offset the costs of the program.

AB1-SSA1-SA2, s. 373r Section 373r. 301.03 (3a) of the statutes is created to read:

AB1-SSA1-SA2,405,10 301.03 (3a) The department shall take steps to promote the increased effectiveness of probation, extended supervision, and parole in Brown, Dane, Kenosha, Milwaukee, Racine, and Rock counties. In each of these counties, the department shall, beginning on the first day of the 10th month beginning after the effective date of this subsection .... [revisor inserts date], develop a partnership with the community, have strategies for local crime prevention, supervise offenders actively, commit additional resources to enhance supervision and purchase services for offenders, establish day reporting centers, and ensure that probation, extended supervision, and parole agents, on average, supervise no more than 25 persons on probation, extended supervision, or parole.".

AB1-SSA1-SA2,405,11 431. Page 187, line 7: after that line insert:

AB1-SSA1-SA2,405,12 " Section 377bc. 301.048 (2m) of the statutes is repealed.

AB1-SSA1-SA2, s. 377be Section 377be. 301.048 (3) (a) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,405,15 301.048 (3) (a) (intro.) The Subject to par. (bm), the department shall provide each participant with one or more of the following sanctions:

AB1-SSA1-SA2, s. 377bg Section 377bg. 301.048 (3) (a) 1. of the statutes is amended to read:

AB1-SSA1-SA2,405,22 301.048 (3) (a) 1. Placement in a Type 1 prison or a jail, county reforestation camp, residential treatment facility or community-based residential facility. The Except as provided in par. (bm), the department may not place a participant under this paragraph for more than one year or, if applicable, the period specified by the court under s. 973.032 (3) (b), whichever is shorter, except as provided in s. 973.032 (4).

AB1-SSA1-SA2, s. 377bi Section 377bi. 301.048 (3) (b) of the statutes is amended to read:

AB1-SSA1-SA2,406,8 301.048 (3) (b) The Except as provided in par. (bm), the department may provide the sanctions under par. (a) in any order and may provide more than one sanction at a time. Subject to the cumulative time restrictions under par. pars. (a) 1. and (bm) 2., the department may return to a sanction that was used previously for a participant. A participant is not entitled to a hearing regarding the department's exercise of authority under this subsection or its decision to not petition the court under s. 973.032 (4m) (b) for permission to release a person from a placement under par. (a) 1. unless the department provides for a hearing by rule.

AB1-SSA1-SA2, s. 377bj Section 377bj. 301.048 (3) (bm) of the statutes is created to read:

AB1-SSA1-SA2,406,16 301.048 (3) (bm) 1. The department shall initially place a person required to participate in the intensive sanctions program under s. 973.032 (1) in a Type 1 prison or a jail, county reforestation camp, residential treatment facility, or community-based residential facility under par. (a) 1. Except as provided under subd. 2. or unless, under sub. (4) (a), the person's extended supervision is revoked, the department shall maintain the person in that placement until the court authorizes the person's release from the placement under s. 973.032 (4m).

AB1-SSA1-SA2,406,18 2. The department may not place a person described in subd. 1. in a placement under par. (a) 1. for a total of more than 2 years.

AB1-SSA1-SA2, s. 377bL Section 377bL. 301.048 (4) (a) of the statutes is amended to read:

AB1-SSA1-SA2,407,6 301.048 (4) (a) A participant is in the custody and under the control of the department, subject to its rules and discipline. A participant entering the program under sub. (2) (am) 1. is a prisoner, except that he or she is a person on extended supervision for the purposes of revocation if the department is precluded under sub. (3) (bm) 2. from placing the person under sub. (3) (a) 1. A participant entering the program under sub. (2) (am) 1. or 2. is a prisoner. A participant entering the program under sub. (2) (am) 3. is a prisoner, except that he or she is a parolee for purposes of revocation. A participant entering the program under sub. (2) (am) 3m. is a prisoner, except that he or she remains a person on extended supervision for purposes of revocation. A participant entering the program under sub. (2) (am) 4. is a prisoner, except that he or she remains a probationer, parolee, or person on extended supervision, whichever is applicable, for purposes of revocation.

AB1-SSA1-SA2, s. 377bn Section 377bn. 301.048 (4) (ar) of the statutes is created to read:

AB1-SSA1-SA2,407,12 301.048 (4) (ar) If a participant enters the program under sub. (2) (am) 1. and his or her extended supervision is revoked, the time remaining on the bifurcated sentence for the purposes of s. 302.113 (9) is the total length of the bifurcated sentence, less time served by the person in custody under sub. (3) (a) 1. before release to extended supervision.

AB1-SSA1-SA2, s. 377bp Section 377bp. 301.048 (6) (a) of the statutes is amended to read:

AB1-SSA1-SA2,407,16 301.048 (6) (a) Except as provided in par. pars. (b) and (c), the department may discharge a participant from participation in the program and from departmental custody and control at any time.

AB1-SSA1-SA2, s. 377br Section 377br. 301.048 (6) (c) of the statutes is created to read:

AB1-SSA1-SA2,407,20 301.048 (6) (c) 1. If the department determines that a person participating under sub. (2) (am) 1. has successfully completed the intensive sanctions program, the department shall inform the court that sentenced the inmate.

AB1-SSA1-SA2,407,24 2. Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed the intensive sanctions program, the court shall modify the inmate's bifurcated sentence as follows:

AB1-SSA1-SA2,408,4 a. The court shall reduce the term of confinement in prison portion of the inmate's bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days of the date on which the court receives the information from the department under subd. 1.

AB1-SSA1-SA2,408,6 b. The court shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.".

AB1-SSA1-SA2,408,7 432. Page 187, line 7: after that line insert:

AB1-SSA1-SA2,408,8 " Section 377cm. 301.12 (8) (d) of the statutes is amended to read:

AB1-SSA1-SA2,408,13 301.12 (8) (d) After due regard to the case and to a spouse and minor children who are lawfully dependent on the property for support, compromise or waive any portion of any claim of the state or county for which a person specified under sub. (2) is liable, but not any claim payable by an insurer under s. 632.89 (2) or (2m) (4m) or by any other 3rd party.

AB1-SSA1-SA2, s. 377dm Section 377dm. 301.12 (14) (a) of the statutes is amended to read:

AB1-SSA1-SA2,409,2 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) (4m) or by other 3rd-party benefits, subject to rules which include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.".

AB1-SSA1-SA2,409,3 433. Page 187, line 7: after that line insert:

AB1-SSA1-SA2,409,4 " Section 377b. 301.205 (title) of the statutes is repealed and recreated to read:

AB1-SSA1-SA2,409,5 301.205 (title) Transportation for visits.

AB1-SSA1-SA2, s. 377c Section 377c. 301.205 of the statutes is renumbered 301.205 (2).

AB1-SSA1-SA2, s. 377d Section 377d. 301.205 (1) of the statutes is created to read:

AB1-SSA1-SA2,409,9 301.205 (1) (a) Except as provided in par. (b), the department may not use state funds to transport persons visiting inmates in state prisons.

AB1-SSA1-SA2,409,11 (b) The department may do any of the following to pay for the cost of transporting persons visiting inmates in state prisons:

AB1-SSA1-SA2,409,12 1. Charge a reasonable fee to persons to whom the transportation is provided.

AB1-SSA1-SA2,409,14 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.".

AB1-SSA1-SA2,409,15 434. Page 189, line 18: after that line insert:

AB1-SSA1-SA2,409,16 " Section 383m. 302.11 (1i) of the statutes is repealed.".

AB1-SSA1-SA2,409,17 435. Page 191, line 22: after "302.045 (3m) (b) 1." insert "or 973.195 (1)".

AB1-SSA1-SA2,409,18 436. Page 191, line 23: after that line insert:

AB1-SSA1-SA2,409,19 " Section 392m. 302.113 (3) (a) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,410,2 302.113 (3) (a) (intro.) The warden or superintendent shall keep a record of the conduct of each inmate subject to this section, specifying each infraction of the rules. If an inmate subject to this section violates an order under s. 973.031 requiring him or her to participate in a drug treatment program, violates any regulation of the prison, or refuses or neglects to perform required or assigned duties, the department may extend the term of confinement in prison portion of the inmate's bifurcated sentence as follows:".

AB1-SSA1-SA2,410,5 437. Page 194, line 20: delete that line and substitute "sentence. The Except as provided in s. 301.048 (4) (ar), the time remaining on the bifurcated sentence is the total length of the".

AB1-SSA1-SA2,410,6 438. Page 201, line 13: after that line insert:

AB1-SSA1-SA2,410,7 " Section 406s. 302.114 (3) (a) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,410,14 302.114 (3) (a) (intro.) The warden or superintendent shall keep a record of the conduct of each inmate subject to this section, specifying each infraction of the rules. If any an inmate subject to this section violates an order under s. 973.031 requiring him or her to participate in a drug treatment program, violates any regulation of the prison, or refuses or neglects to perform required or assigned duties, the department may extend the extended supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2., whichever is applicable, as follows:".

AB1-SSA1-SA2,410,15 439. Page 205, line 20: after that line insert:

AB1-SSA1-SA2,410,16 " Section 420h. 302.46 (1) (a) of the statutes is amended to read:

AB1-SSA1-SA2,411,2 302.46 (1) (a) On or after October 1, 1987, if a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar) or (bm) or (5) or state laws or municipal or county ordinances involving nonmoving traffic violations, headlamp violations under s. 347.065 (1), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail assessment in an amount of 1% of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail assessment on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail assessment in proportion to the suspension.".

AB1-SSA1-SA2,411,3 440. Page 205, line 20: after that line insert:

AB1-SSA1-SA2,411,4 " Section 420m. 302.43 of the statutes is amended to read:

AB1-SSA1-SA2,411,17 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates an order under s. 973.031 requiring him or her to participate in a drug treatment program, violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3).".

AB1-SSA1-SA2,411,18 441. Page 207, line 19: after that line insert:

AB1-SSA1-SA2,411,19 " Section 428n. 304.02 (4) of the statutes is repealed.".

AB1-SSA1-SA2,411,20 442. Page 208, line 10: after that line insert:

AB1-SSA1-SA2,411,21 " Section 430m. 304.06 (1y) of the statutes is repealed.".

AB1-SSA1-SA2,411,23 443. Page 208, line 13: delete that line and substitute "or s. 939.62 (2m) (c), 961.49 (2), 973.01 (6), or 973.014 (1) (c) or (1g) or 973.032 (5), he".

AB1-SSA1-SA2,411,24 444. Page 209, line 22: after that line insert:

AB1-SSA1-SA2,412,1 " Section 432pb. 340.01 (74v) of the statutes is created to read:

AB1-SSA1-SA2,412,4 340.01 (74v) "Windshield" means the shield of safety glass, glass, or another material, mounted forward of the passenger compartment of a motor vehicle, other than a motor-driven cycle.

AB1-SSA1-SA2, s. 432pd Section 432pd. 340.01 (74x) of the statutes is created to read:

AB1-SSA1-SA2,412,7 340.01 (74x) "Windshield wiper" means a mechanical device for cleaning rain, snow, or other moisture from the windshield of a vehicle.".

AB1-SSA1-SA2,412,8 445. Page 209, line 22: after that line insert:

AB1-SSA1-SA2,412,9 " Section 432p. 340.01 (20m) of the statutes is created to read:

AB1-SSA1-SA2,412,13 340.01 (20m) "Hail-damaged vehicle" means a vehicle less than 7 years old that is not precluded from subsequent registration and titling and which is damaged solely by hail to the extent that the estimated or actual cost, whichever is greater, of repairing the vehicle exceeds 70% of its fair market value.