SB44-SSA1,919,2520 255.15 (5) Funds. The board department may accept for any of its the purposes
21under this section any donations and grants of money, equipment, supplies,
22materials and services from any person. The board department shall include in the
23report under sub. (4) any donation or grant accepted by the board department under
24this subsection, including the nature, amount and conditions, if any, of the donation
25or grant and the identity of the donor.
SB44-SSA1, s. 2464d
1Section 2464d. 255.15 (6) of the statutes is repealed.
SB44-SSA1, s. 2466 2Section 2466. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:
SB44-SSA1,920,43 281.59 (3e) (b) 1. Equal to $90,000,000 $55,100,000 during the 2001-03
42003-05 biennium.
SB44-SSA1,920,55 3. Equal to $1,000 for any biennium after the 2001-03 2003-05 biennium.
SB44-SSA1, s. 2467 6Section 2467. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:
SB44-SSA1,920,87 281.59 (3m) (b) 1. Equal to $9,110,000 $4,000,000 during the 2001-03 2003-05
8biennium.
SB44-SSA1,920,99 2. Equal to $1,000 for any biennium after the 2001-03 2003-05 biennium.
SB44-SSA1, s. 2468 10Section 2468. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:
SB44-SSA1,920,1211 281.59 (3s) (b) 1. Equal to $10,900,000 $12,800,000 during the 2001-03
122003-05 biennium.
SB44-SSA1,920,1313 2. Equal to $1,000 for any biennium after the 2001-03 2003-05 biennium.
SB44-SSA1, s. 2469 14Section 2469. 281.59 (4) (f) of the statutes is amended to read:
SB44-SSA1,920,2115 281.59 (4) (f) Revenue obligations may be contracted by the building
16commission when it reasonably appears to the building commission that all
17obligations incurred under this subsection can be fully paid on a timely basis from
18moneys received or anticipated to be received. Revenue obligations issued under this
19subsection for the clean water fund program shall not exceed $1,398,355,000
20$1,615,955,000 in principal amount, excluding obligations issued to refund
21outstanding revenue obligation notes.
SB44-SSA1, s. 2470 22Section 2470. 281.65 (10) of the statutes is repealed.
SB44-SSA1, s. 2471 23Section 2471. 281.99 (4) of the statutes is amended to read:
SB44-SSA1,921,524 281.99 (4) All forfeitures shall be paid to the department within 60 days after
25receipt of the order or according to a schedule agreed to by the department and the

1water system owner or operator or, if the forfeiture is contested under sub. (3), within
210 days after receipt of the final decision after exhaustion of administrative review,
3unless the final decision is appealed and the order is stayed by court order. The
4department shall remit all forfeitures paid to the state treasurer secretary of
5administration
for deposit in the school fund.
SB44-SSA1, s. 2472 6Section 2472. 283.84 (1) (c) of the statutes is amended to read:
SB44-SSA1,921,107 283.84 (1) (c) Reaches an agreement with the department or a local
8governmental unit, as defined in s. 22.01 16.97 (7), under which the person pays
9money to the department or local governmental unit and the department or local
10governmental unit uses the money to reduce water pollution in the project area.
SB44-SSA1, s. 2473 11Section 2473. 285.69 (3) of the statutes is renumbered 285.69 (3) (a) and
12amended to read:
SB44-SSA1,921,2413 285.69 (3) (a) The department may promulgate rules for the payment and
14collection of fees for inspecting nonresidential asbestos demolition and renovation
15projects regulated by the department. The fees under this subsection for an
16inspection plus the fee under sub. (1) (c)
may not exceed $210 per $400 if the
17combined square and linear footage of friable asbestos-containing material involved
18in the project is less than 5,000. The fees under this subsection for an inspection plus
19the fee under sub. (1) (c) may not exceed $750 if the combined square and linear
20footage of friable asbestos-containing material involved in the project is 5,000 or
21more
. The fees collected under this subsection shall be credited to the appropriation
22under s. 20.370 (2) (bi) for the direct and indirect costs of conducting inspections of
23nonresidential asbestos demolition and inspection renovation projects regulated by
24the department.
SB44-SSA1, s. 2474 25Section 2474. 285.69 (3) (b) and (c) of the statutes are created to read:
SB44-SSA1,922,3
1285.69 (3) (b) In addition to the fees under par. (a), the department may charge
2the costs it incurs for laboratory testing for a nonresidential asbestos demolition and
3renovation project.
SB44-SSA1,922,74 (c) For the purpose of par. (a), combined square and linear footage shall be
5determined by adding the number of square feet of friable asbestos-containing
6material on areas other than pipes to the number of linear feet of friable
7asbestos-containing material on pipes.
SB44-SSA1, s. 2474kd 8Section 2474kd. 287.03 (1) (d) of the statutes is repealed.
SB44-SSA1, s. 2474kf 9Section 2474kf. 287.19 (2) of the statutes is amended to read:
SB44-SSA1,922,1410 287.19 (2) Powers. In providing assistance under sub. (1), the department may
11provide assistance relating to the marketing of materials recovered from solid waste,
12if the provision of that assistance is a responsibility assigned to the department in
13a memorandum of understanding, contract or other agreement with the recycling
14market development board
.
SB44-SSA1, s. 2474kq 15Section 2474kq. 287.22 (2) (c) of the statutes is amended to read:
SB44-SSA1,922,1716 287.22 (2) (c) Advise state agencies concerning the promulgation of rules under
17ss. 100.29, 100.295, and 101.126 and 560.031.
SB44-SSA1, s. 2474L 18Section 2474L. 287.26 of the statutes is created to read:
SB44-SSA1,923,2 19287.26 Recycling market development grants. (1) The department shall
20award a grant of $50,000 in each fiscal year to a private, nonprofit,
21industry-supported organization that is described in section 501 (c) (3) of the
22Internal Revenue Code and that provides waste reduction and recycling assistance
23through business-to-business peer exchange. An organization that is awarded a
24grant must be instrumental in assisting and encouraging companies and institutions

1to reduce their operating costs through improved production and solid waste
2management practices and must be in existence on October 29, 1999.
SB44-SSA1,923,6 3(2) The department shall annually contract for the operation of a statewide
4materials exchange program with a materials exchange program that received
5funding from the recycling market development board in the 1997-99 fiscal
6biennium.
SB44-SSA1, s. 2475g 7Section 2475g. 289.64 (6) of the statutes is amended to read:
SB44-SSA1,923,108 289.64 (6) Use of solid waste facility siting board fees. The fees collected
9under sub. (2) shall be credited to the appropriation under s. 20.370 (2) (eg) for
10transfer to the appropriation under s. 20.505 (4) (k)
(ei).
SB44-SSA1, s. 2475e 11Section 2475e. 289.645 (4) (d) of the statutes is created to read:
SB44-SSA1,923,1712 289.645 (4) (d) The recycling fee does not apply to sediments that are
13contaminated with PCBs, as defined in s. 299.45 (1) (a), and that are removed from
14the bed of a navigable water of this state in connection with a phase of a project to
15remedy contamination of the bed of the navigable water if the quantity of the
16sediments removed, either in the phase or in combination with other planned phases
17of the project, will exceed 200,000 cubic yards.
SB44-SSA1, s. 2475r 18Section 2475r. 292.11 (14) of the statutes is created to read:
SB44-SSA1,924,619 292.11 (14) Funding from agrichemical management fund. If the department
20expends funds from the appropriation under s. 20.370 (2) (dv) to take action
21authorized under s. 94.73 (2m), the department may request the joint committee on
22finance to supplement the appropriation under s. 20.370 (2) (dx) in an amount equal
23to the amount expended. If the department proposes to take action authorized under
24s. 94.73 (2m), the department may request the joint committee on finance to
25supplement the appropriation under s. 20.370 (2) (dx) in an amount equal to the

1amount that the department expects to expend to take that action. The joint
2committee on finance may, from the appropriation under s. 20.865 (4) (u),
3supplement the appropriation under s. 20.370 (2) (dx) in an amount equal to the
4amount that the department expended or expects to expend to take action under s.
594.73 (2m). Notwithstanding s. 13.101 (3) (a), the committee is not required to find
6that an emergency exists.
SB44-SSA1, s. 2479 7Section 2479. 292.77 of the statutes is repealed.
SB44-SSA1, s. 2481 8Section 2481. 292.94 of the statutes is created to read:
SB44-SSA1,924,16 9292.94 Fees related to enforcement actions. The department may assess
10and collect fees from a person who is subject to an order or other enforcement action
11for a violation of s. 292.11 or 292.31 to cover the costs incurred by the department to
12review the planning and implementation of any environmental investigation or
13environmental cleanup that the person is required to conduct. The department shall
14promulgate rules for the assessment and collection of fees under this section. Fees
15collected under this section shall be credited to the appropriation account under s.
1620.370 (2) (dh).
SB44-SSA1, s. 2481s 17Section 2481s. 299.41 of the statutes is renumbered 93.57 and amended to
18read:
SB44-SSA1,924,22 1993.57 Household hazardous waste. The department shall establish and
20administer a grant program to assist municipalities and regional planning
21commissions in creating and operating local programs for the collection and disposal
22of household hazardous waste.
SB44-SSA1, s. 2482 23Section 2482. 299.93 (3) of the statutes is amended to read:
SB44-SSA1,925,424 299.93 (3) If any deposit is made for an offense to which this section applies,
25the person making the deposit shall also deposit a sufficient amount to include the

1environmental assessment prescribed in this section. If the deposit is forfeited, the
2amount of the environmental assessment shall be transmitted to the state treasurer
3secretary of administration under sub. (4). If the deposit is returned, the
4environmental assessment shall also be returned.
SB44-SSA1, s. 2483 5Section 2483. 299.93 (4) of the statutes is amended to read:
SB44-SSA1,925,116 299.93 (4) The clerk of the court shall collect and transmit to the county
7treasurer the environmental assessment and other amounts required under s. 59.40
8(2) (m). The county treasurer shall then make payment to the state treasurer
9secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer
10secretary of administration shall deposit the amount of the assessment in the
11environmental fund.
SB44-SSA1, s. 2484 12Section 2484. 301.025 of the statutes is amended to read:
SB44-SSA1,925,17 13301.025 Division of juvenile corrections. The division of juvenile
14corrections shall exercise the powers and perform the duties of the department that
15relate to juvenile correctional services and institutions, juvenile offender review,
16aftercare, corrective sanctions, the juvenile boot camp program under s. 938.532, the
17serious juvenile offender program under s. 938.538, and youth aids.
SB44-SSA1, s. 2485g 18Section 2485g. 301.0465 of the statutes is created to read:
SB44-SSA1,925,25 19301.0465 Halfway houses for nonviolent offenders. (1) Establishment
20and cost.
The department shall request proposals and may contract for the
21establishment of 2 25-bed halfway houses for nonviolent offenders, with one to be
22located in an urban area and one in a rural area. The department, however, may not
23accept a proposal unless its daily cost per inmate under the proposal is less than or
24equal to its highest daily cost per inmate under contracts entered into under s.
25301.21.
SB44-SSA1,926,6
1(2) Facility, inmate, officer, and employee status. A halfway house
2established under sub. (1) is a state prison under s. 302.01. Inmates confined in a
3halfway house under this section are under the care and control of the halfway house,
4subject to its rules and discipline, and subject to all laws pertaining to inmates of
5other state prisons. Officers and employees of a halfway house are subject to all laws
6pertaining to other state prisons.
SB44-SSA1,926,9 7(3) Eligibility. The department shall determine which prisoners are to be
8confined in a halfway house established under sub. (1), but a prisoner is eligible for
9this confinement only if all of the following apply:
SB44-SSA1,926,1010 (a) The prisoner is a nonviolent offender to whom one of the following applies:
SB44-SSA1,926,1211 1. He or she is serving no more than the last 6 months of the term of confinement
12of a bifurcated sentence.
SB44-SSA1,926,1413 2. He or she was returned to prison under s. 302.113 (9) and there are no more
14than 6 months remaining of the time for which he or she is to be incarcerated.
SB44-SSA1,926,1715 3. He or she is serving an indeterminate sentence for a crime other than a
16serious felony, as defined in s. 302.11 (1g), and there are no more than 6 months
17remaining until his or her mandatory release date under s. 302.11.
SB44-SSA1,926,1918 4. He or she is serving an indeterminate sentence and the parole commission
19has authorized his or her release on parole within the next 6 months.
SB44-SSA1,926,2120 5. He or she is serving no more than the last 6 months of an indeterminate
21sentence.
SB44-SSA1,926,2422 (b) Upon a petition by the department within the 3 months immediately
23preceding the person's placement in the halfway house, the sentencing court entered
24an order authorizing the placement.
SB44-SSA1,927,2
1(4) No direct commitment by court. A court may not directly commit persons
2to a halfway house established under sub. (1).
SB44-SSA1,927,4 3(5) Report. The department shall submit a report to the legislature under s.
413.172 (2) and to the governor by January 1, 2007, addressing all of the following:
SB44-SSA1,927,75 (a) The success of the halfway house program under this section in
6reintegrating offenders into the community as compared to other programs for
7incarcerated offenders.
SB44-SSA1,927,88 (b) The cost effectiveness of the program.
SB44-SSA1,927,99 (c) The administration of the program.
SB44-SSA1,927,1010 (d) The public's opinion of the program.
SB44-SSA1, s. 2485r 11Section 2485r. 301.0465 of the statutes, as created by 2003 Wisconsin Act ....
12(this act), is repealed.
SB44-SSA1, s. 2486 13Section 2486. 301.105 (intro.) of the statutes is amended to read:
SB44-SSA1,927,18 14301.105 Telephone company commissions. (intro.) The department shall
15collect moneys for commissions from telephone companies for contracts to provide
16telephone services to inmates. The department shall transmit those moneys to the
17state treasurer secretary of administration. The state treasurer secretary of
18administration
shall do all of the following:
SB44-SSA1, s. 2489 19Section 2489. 301.16 (1o) (b) of the statutes is amended to read:
SB44-SSA1,928,520 301.16 (1o) (b) In the selection of classified service employees of the institution
21specified in par. (a), the appointing authority shall, whenever possible, use the
22expanded certification program under rules of the administrator of the division of
23merit recruitment and selection in the department of employment relations office of
24state human resources management
to ensure that employees of the institution
25reflect the general population of either the county in which the institution is located

1or the most populous county contiguous to the county in which the institution is
2located, whichever population is greater. The administrator of the division of merit
3recruitment and selection in the department of employment relations
4administration shall provide guidelines for the administration of this selection
5procedure.
SB44-SSA1, s. 2490 6Section 2490. 301.16 (1r) of the statutes is amended to read:
SB44-SSA1,928,157 301.16 (1r) In addition to the institutions under sub. (1), the department shall
8establish a medium security correctional institution for persons 15 years of age or
9over, but not more than 21 24 years of age, who have been placed in a state prison
10under s. 302.01. The medium security correctional institution under this subsection
11shall be known as the Racine Youthful Offender Correctional Facility and shall be
12located at the intersection of Albert Street and North Memorial Drive in the city of
13Racine. The department shall limit the number of prisoners who may be placed at
14the Racine Youthful Offender Correctional Facility to no more than 400 450 at any
15one time.
SB44-SSA1, s. 2490d 16Section 2490d. 301.16 (1v) of the statutes is amended to read:
SB44-SSA1,928,2117 301.16 (1v) In addition to the institutions under sub. (1), the department shall
18establish a medium minimum security correctional institution in Chippewa Falls.
19The department shall designate 50 beds at this correctional institution for
20programming for offenders in prison as an alternative to the revocation of probation,
21extended supervision, or parole.
SB44-SSA1, s. 2491g 22Section 2491g. 301.215 of the statutes is created to read:
SB44-SSA1,929,2 23301.215 Contracts with counties. (1) During any period that the
24department contracts with a private person under s. 301.21 (2m) for the transfer and

1confinement in another state of prisoners who have been committed to the custody
2of the department, the department shall do all of the following:
SB44-SSA1,929,43 (a) By July 1 annually, accept proposals submitted from county sheriffs to place
4prisoners who have been committed to the custody of the department in county jails.
SB44-SSA1,929,95 (b) By the following October 1, evaluate every proposal submitted under par.
6(a) and notify each county that submitted a proposal whether, based on criteria that
7the department establishes, prisoners who have been committed to the custody of the
8department may be placed in the county's jail under a contract with the department
9beginning on the following January 1.
SB44-SSA1,929,15 10(2) If the department determines under sub. (1) (b) that prisoners may be
11placed in the county's jail, the department and county shall establish the daily cost
12to the department of placing the prisoner in the county's jail. Notwithstanding s.
13302.27, the daily cost established under this subsection may not exceed the highest
14daily cost paid by the department to a private person under an existing contract
15under s. 301.21 (2m).
SB44-SSA1,929,20 16(3) If the department and a county enter into a contract for the placement of
17prisoners who have been committed to the custody of the department in county jails,
18the department shall give priority to placing prisoners in the county jail before
19placing any prisoner with a private person outside the state under a contract under
20s. 301.21 (2m).
SB44-SSA1, s. 2492d 21Section 2492d. 301.26 (4) (d) 2. of the statutes is amended to read:
SB44-SSA1,930,422 301.26 (4) (d) 2. Beginning on July 1, 2001 2003, and ending on June 30, 2002
232004, the per person daily cost assessment to counties shall be $167.57 $183 for care
24in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $167.57 $183 for
25care for juveniles transferred from a juvenile correctional institution under s. 51.35

1(3), $213 $225 for care in a residential care center for children and youth, $129 $142
2for care in a group home for children, $41 $47 for care in a foster home, $81 $88 for
3care in a treatment foster home, $82.56 $86 for departmental corrective sanctions
4services, and $21.96 $25 for departmental aftercare services.
SB44-SSA1, s. 2493d 5Section 2493d. 301.26 (4) (d) 3. of the statutes is amended to read:
SB44-SSA1,930,136 301.26 (4) (d) 3. Beginning on July 1, 2002 2004, and ending on June 30, 2003
72005, the per person daily cost assessment to counties shall be $172.51 $187 for care
8in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $172.51 $187 for
9care for juveniles transferred from a juvenile correctional institution under s. 51.35
10(3), $226 $239 for care in a residential care center for children and youth, $135 $149
11for care in a group home for children, $43 $49 for care in a foster home, $85 $92 for
12care in a treatment foster home, $84.50 $87 for departmental corrective sanctions
13services, and $22.66 $26 for departmental aftercare services.
SB44-SSA1, s. 2493m 14Section 2493m. 301.26 (5) of the statutes is created to read:
SB44-SSA1,930,2515 301.26 (5) Revenue sufficiency. (a) By September 15, December 15, March
1615, and June 15 of each fiscal year, the department of corrections shall submit a
17report to the joint committee on finance, and by March 15 of each odd-numbered
18year, the department of corrections shall submit a report to the department of
19administration, detailing year-to-date revenues and expenditures under the
20appropriation account under s. 20.410 (3) (hm) and projecting the balance that will
21remain in that appropriation account on June 30 of that fiscal year. If a report
22submitted under this paragraph projects a deficit in that appropriation account on
23June 30 of a fiscal year, the department of corrections shall include in the report a
24description of the efforts that it is making to reduce operating costs so as to minimize
25or eliminate that projected deficit.
SB44-SSA1,931,13
1(b) 1. If based on a report submitted under par. (a) for March 15 of an
2odd-numbered year the joint committee on finance projects that there will be a
3deficit in the appropriation account under s. 20.410 (3) (hm) on June 30 of that year,
4the joint committee on finance shall ensure that the per person daily cost
5assessments under sub. (4) (d) 2. and 3. for care in a Type 1 secured correctional
6facility, as defined in s. 938.02 (19), for the next fiscal biennium are sufficient to
7recoup that projected deficit by adding 50% of that projected deficit to the cost basis
8used to determine the per person daily cost assessment under sub. (4) (d) 2. for care
9in a Type 1 secured correctional facility, as defined in s. 938.02 (19), for the first year
10of the next fiscal biennium and by adding 50% of that projected deficit to the cost
11basis used to determine the per person daily cost assessment under sub. (4) (d) 3. for
12care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), for the 2nd
13year of the next fiscal biennium.
SB44-SSA1,931,1714 2. The secretary of administration shall place in unallotted reserve and use to
15recoup the projected deficit specified in subd. 1. all moneys generated by the
16increases in the per person daily cost assessments specified in subd. 1. that result
17from adding that projected deficit to the cost basis specified in subd. 1.
SB44-SSA1,932,418 (c) If on June 30 of the odd-numbered year of the next fiscal biennium the
19moneys placed in unallotted reserve under par. (b) 2. exceed the amount of the actual
20deficit on June 30 of the odd-numbered year of the fiscal biennium in which that
21deficit was incurred, all moneys in excess of that actual deficit shall be remitted to
22the counties or transferred to the appropriation account under s. 20.410 (3) (kx) by
23September 30 of that odd-numbered year. Each county and the department shall
24receive a proportionate share of the remittance and transfer depending on the total
25number of days of placement at Type 1 secured correctional facilities, as defined in

1s. 938.02 (19), for each county and the state. Counties shall use any amounts
2remitted under this paragraph for the purposes specified in this section. The
3department shall deposit in the general fund the amounts transferred under this
4paragraph to the appropriation account under s. 20.410 (3) (kx).
Loading...
Loading...