Amendment CSA1-SB40

SB40-CSA1,1266,3 (b) "PCB contaminated sediment" means sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater and that is dredged from the bed or bank of a navigable water in this state.

SB40-CSA1,1266,7 (2) Program. The department shall administer a program to provide reimbursement to certain responsible parties for a portion of costs incurred for disposing of PCB contaminated sediment at an out-of-state hazardous waste disposal facility, as provided in this section.

SB40-CSA1,1266,12 (3) Eligible person. A person is eligible for the program under this section if the person is a responsible party, under s. 292.11 or 42 USC 9601 to 9675, for the remediation of PCB contaminated sediment or has entered into a consent decree with the department or the federal environmental protection agency under which the person undertakes the remediation of PCB contaminated sediment.

SB40-CSA1,1266,14 (4) Application. A person may seek reimbursement under this section by submitting an application to the department that contains all of the following:

SB40-CSA1,1266,17 (a) Test results that show that the sediment on which the application is based contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-CSA1,1266,19 (b) Documentation showing that the applicant is an eligible person under sub. (3).

SB40-CSA1,1266,22 (c) Documentation showing that the PCB contaminated sediment was transported to and disposed of at a licensed hazardous waste disposal facility outside of this state and that disposal occurred on or after May 1, 2007.

SB40-CSA1,1267,2 (d) Documentation showing the disposal costs, including information concerning the length and other terms of any contract for the disposal of the PCB contaminated sediment, and showing any other costs that the department determines to be reasonably necessary and attributable to the out-of-state disposal.

SB40-CSA1,1267,6 (e) An estimate, in accordance with sub. (5), of what the disposal costs would be using a facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-CSA1,1267,10 (5) Estimate of in-state disposal costs. (a) If there is a facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater, an applicant shall make the estimate required by sub. (4) (e) using the disposal costs for that facility.

SB40-CSA1,1267,14 (b) Except as provided in par. (c), if there is no facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater, an applicant shall make the estimate required by sub. (4) (e) in one of the following ways:

SB40-CSA1,1267,20 1. Based on the costs of disposing of PCB contaminated sediment at facilities in other states, other than the facility that the applicant uses for disposal of the contaminated sediments, that are comparable to a facility that, if constructed in this state, would meet the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-CSA1,1267,24 2. Based on the costs of constructing and operating a facility in this state that would meet the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-CSA1,1268,5 (c) If there is no facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater and if the department has accepted, within 2 years of the date that an applicant submits an application, an estimate required by sub. (4) (e) using the method under par. (b) 1., the applicant may use that estimate to satisfy sub. (4) (e).

SB40-CSA1,1268,8 (d) If an applicant is required to make an estimate under par. (b), the applicant shall include in the application an explanation of the method used to estimate the cost of transporting the PCB contaminated sediment to a facility in this state.

SB40-CSA1,1268,12 (6) Notification of completeness. When the department receives an application under sub. (4), the department shall notify the claimant whether the application is complete and, if the application is not complete, the information that the applicant must submit to complete the application.

SB40-CSA1,1268,20 (7) Decision on application. (a) Subject to pars. (b) and (c), the department shall approve a complete application that complies with sub. (4) and the rules promulgated under sub. (11) if the department determines that the disposal costs incurred by the applicant and any other costs that the department determines to be reasonably necessary and attributable to the out-of-state disposal exceed what the disposal costs would be using a facility in this state that meets the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-CSA1,1268,23 (b) The department may only approve reimbursement for costs incurred on or after the first day of the 24th month before the month in which the application is submitted.

SB40-CSA1,1268,25 (c) The department shall deny an application if the department determines that the application is fraudulent.

SB40-CSA1,1269,7 (8) Reimbursement. (a) Except as provided in par. (b), if the department approves an application under sub. (4), the department shall, within 60 days of receiving the complete application, pay the applicant an amount equal to 95 percent of the amount by which the sum of the approved costs exceeds what the disposal costs would be using a facility in this state that meets the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

SB40-CSA1,1269,10 (b) If the amount determined under par. (a) exceeds the amount available in the appropriation account under 20.370 (6) (ev), the department shall pay the excess when additional funds become available.

SB40-CSA1,1269,18 (9) Review of decision. (a) No later than the 30th day after the day on which the department approves or denies an application under sub. (4), the applicant may submit a petition for reconsideration to the secretary. The secretary shall issue a decision on whether to grant the petition no later than the 20th day after the day on which the applicant submits the petition. If the secretary grants the petition, the secretary shall meet with the applicant and employees of the department and shall issue a decision on the reconsideration no later than the 30th day after the day of the meeting.

SB40-CSA1,1269,23 (b) No later than the 30th day after the day on which the department approves or denies an application under sub. (4) or, if the applicant petitioned for reconsideration under par. (a), no later than the 30th day after the day on which the secretary denied the petition or issued a decision on reconsideration, the applicant may request a contested case hearing under ch. 227.

SB40-CSA1,1270,6 (c) No later than the 30th day after the day on which the department approves or denies an application under sub. (4) or, if the applicant petitioned for reconsideration under par. (a), no later than the 30th day after the day on which the secretary denied the petition or issued a decision on reconsideration, or, if the applicant requested a contested case hearing under ch. 227, no later than the 30th day after the day on which the final decision on the contested case is issued, an applicant may petition for judicial review of the department's decision on the application.

SB40-CSA1,1270,11 (10) Effect of program. (a) The availability of reimbursement under this section is not a bar to any other statutory or common law remedy for a responsible party to recover costs of disposing of PCB contaminated sediment. A responsible party is not required to seek reimbursement under this section before seeking any other statutory or common law remedy.

SB40-CSA1,1270,13 (b) Findings and conclusions under this section are not admissible in any civil action.

SB40-CSA1,1270,15 (11) Rules. The department shall promulgate rules specifying procedures for the submission, review, and approval of claims under this section.

SB40-CSA1, s. 3095 Section 3095. 299.07 (1) (am) 1. of the statutes is amended to read:

SB40-CSA1,1270,23 299.07 (1) (am) 1. If an individual who applies for the issuance or renewal of a license, registration or certification specified in par. (a) does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of workforce development children and families.

SB40-CSA1, s. 3096 Section 3096. 299.07 (1) (b) 2. of the statutes is amended to read:

SB40-CSA1,1271,3 299.07 (1) (b) 2. If the department is required to obtain the information under s. 299.08 (1) (a), to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40-CSA1, s. 3097 Section 3097. 299.08 (1) (am) 1. of the statutes is amended to read:

SB40-CSA1,1271,11 299.08 (1) (am) 1. If an individual who applies for the issuance or renewal of a license, registration or certification specified in par. (a) does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of workforce development children and families.

SB40-CSA1, s. 3098 Section 3098. 299.08 (1) (b) 1. of the statutes is amended to read:

SB40-CSA1,1271,14 299.08 (1) (b) 1. To the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40-CSA1, s. 3099 Section 3099. 299.08 (2) of the statutes is amended to read:

SB40-CSA1,1271,25 299.08 (2) The department shall deny an application for the issuance or renewal of a license, registration or certification specified in sub. (1) (a), or shall suspend a license, registration or certification specified in sub. (1) (a) for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings, as required in a memorandum of understanding under s. 49.857.

SB40-CSA1, s. 3100g Section 3100g. 301.03 (6t) of the statutes is created to read:

SB40-CSA1,1272,6 301.03 (6t) On or before January 1 of each odd-numbered year, submit a report to the joint committee on finance and to the chief clerk of each house of the legislature on the use of overtime in the state correctional institutions, identifying the state correctional institution, the amount and costs of overtime at each correctional institution, and the reason for the overtime at each correctional institution.

SB40-CSA1, s. 3104 Section 3104. 301.12 (14) (b) of the statutes is amended to read:

SB40-CSA1,1272,16 301.12 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 938.183, 938.355, or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, residential care center for children and youth, or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of workforce development children and families under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

SB40-CSA1, s. 3105 Section 3105. 301.12 (14) (g) of the statutes is amended to read:

SB40-CSA1,1272,25 301.12 (14) (g) For purposes of determining child support under par. (b), the department shall promulgate rules related to the application of the standard established by the department of workforce development children and families under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 938.183, 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

SB40-CSA1, s. 3108 Section 3108. 301.25 of the statutes is amended to read:

SB40-CSA1,1273,9 301.25 Sewer system at Taycheedah Correctional Institution. The department, with the approval of the governor, may enter into an agreement containing terms, conditions and covenants approved by the building commission, to participate in the construction of a sanitary sewer system in the area adjacent to the Taycheedah Correctional Institution in the town of Taycheedah, Fond du Lac County; to connect the sewer system of the Taycheedah Correctional Institution thereto; to pay sewage disposal charges; and to grant easements or , subject to s. 16.848, convey land to meet construction requirements.

SB40-CSA1, s. 3112 Section 3112. 301.26 (4) (c) of the statutes is amended to read:

SB40-CSA1,1273,17 301.26 (4) (c) Notwithstanding pars. (a), (b), and (bm), the department of corrections shall pay, from the appropriation under s. 20.410 (3) (hm), (ho). or (hr), the costs of care, services, and supplies provided for each person receiving services under s. 46.057, 48.366, 51.35 (3), 938.183, or 938.34 who was under the guardianship of the department of health and family services children and families pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

SB40-CSA1, s. 3113 Section 3113. 301.26 (4) (d) 2. of the statutes is amended to read:

SB40-CSA1,1274,2 301.26 (4) (d) 2. Beginning on July 1, 2005 2007, and ending on June 30, 2006 2008, the per person daily cost assessment to counties shall be $203 $259 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $203 $259 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $234 $277 for care in a residential care center for children and youth, $157 $165 for care in a group home for children, $47 $67 for care in a foster home, $83 $132 for care in a treatment foster home, $81 $99 for departmental corrective sanctions services, and $32 $35 for departmental aftercare services.

SB40-CSA1, s. 3114 Section 3114. 301.26 (4) (d) 3. of the statutes is amended to read:

SB40-CSA1,1274,11 301.26 (4) (d) 3. Beginning on July 1, 2006 2008, and ending on June 30, 2007 2009, the per person daily cost assessment to counties shall be $209 $268 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $209 $268 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $244 $296 for care in a residential care center for children and youth, $163 $172 for care in a group home for children, $50 $74 for care in a foster home, $87 $145 for care in a treatment foster home, $82 $101 for departmental corrective sanctions services, and $33 $37 for departmental aftercare services.

SB40-CSA1, s. 3114m Section 3114m. 301.26 (5) of the statutes is created to read:

SB40-CSA1,1274,16 301.26 (5) Revenue sufficiency. (a) Before the close of each odd-numbered fiscal year, the department of corrections shall project the balance that will remain in the appropriation account under s. 20.410 (3) (hm) on June 30 of that fiscal year and provide that information to the department of administration.

SB40-CSA1,1275,3 (b) 1. If the department of corrections projects under par. (a) that there will be a deficit in the appropriation account under s. 20.410 (3) (hm) on June 30 of an odd-numbered year, the department of administration shall include the amount of that projected deficit in the cost basis used to calculate the per person daily cost assessments under sub. (4) (d) 2. and 3. for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), for the next fiscal biennium by adding 50 percent of that projected deficit to the cost basis used to determine the per person daily cost assessment under sub. (4) (d) 2. for care in a Type 1 juvenile correctional facility for the first year of the next fiscal biennium and by adding 50 percent of that projected deficit to the cost basis used to determine the per person daily cost assessment under sub. (4) (d) 3. for care in a Type 1 juvenile correctional facility for the 2nd year of the next fiscal biennium.

SB40-CSA1,1275,7 2. The secretary of administration shall use to recoup the projected deficit specified in subd. 1. all moneys generated by the increases in the per person daily cost assessments specified in subd. 1. that result from adding that projected deficit to the cost basis specified in subd. 1.

SB40-CSA1,1275,19 (c) If on June 30 of the odd-numbered year of the next fiscal biennium the moneys described in par. (b) 2. exceed the amount of the actual deficit on June 30 of the odd-numbered year of the fiscal biennium in which that deficit was incurred, all moneys in excess of that actual deficit shall be remitted to the counties or transferred to the appropriation account under s. 20.410 (3) (kx) by September 30 of that odd-numbered year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement at Type 1 juvenile correctional facilities, as defined in s. 938.02 (19), for each county and the state during that next fiscal biennium. Counties shall use any amounts remitted under this paragraph for the purposes specified in this section. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under s. 20.410 (3) (kx).

SB40-CSA1, s. 3116 Section 3116. 301.26 (7) (intro.) of the statutes is amended to read:

SB40-CSA1,1275,25 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (3) (cd) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2005 2007, and ending on June 30, 2007 2009, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

SB40-CSA1, s. 3117d Section 3117d. 301.26 (7) (a) of the statutes is amended to read:

SB40-CSA1,1276,5 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $44,145,100 $49,395,100 for the last 6 months of 2005, $88,290,200 for 2006, and $44,145,100 2007, $99,790,200 for 2008, and $50,395,100 for the first 6 months of 2007 2009.

SB40-CSA1, s. 3118 Section 3118. 301.26 (7) (b) (intro.) of the statutes is amended to read:

SB40-CSA1,1276,10 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2005 2007, $4,000,000 for 2006 2008, and $2,000,000 for the first 6 months of 2007 2009 to counties based on each of the following factors weighted equally:

SB40-CSA1, s. 3119 Section 3119. 301.26 (7) (bm) of the statutes is created to read:

SB40-CSA1,1276,17 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $5,250,000 for the last 6 months of 2007, $11,500,000 for 2008, and $6,250,000 for the first 6 months of 2009 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility during the most recent 3-year period for which that information is available.

SB40-CSA1, s. 3120 Section 3120. 301.26 (7) (c) of the statutes is amended to read:

SB40-CSA1,1276,25 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2005 2007, $2,106,500 for 2006 2008, and $1,053,300 for the first 6 months of 2007 2009 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

SB40-CSA1, s. 3122 Section 3122. 301.26 (7) (e) of the statutes is amended to read:

SB40-CSA1,1277,6 301.26 (7) (e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 2005 2007, $250,000 for 2006 2008, and $125,000 for the first 6 months of 2007 2009. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

SB40-CSA1, s. 3123 Section 3123. 301.26 (7) (h) of the statutes is amended to read:

SB40-CSA1,1277,17 301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 2005 2007, $2,124,800 in 2006 2008, and $1,062,400 in the first 6 months of 2007 2009 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

SB40-CSA1, s. 3124 Section 3124. 301.26 (8) of the statutes is amended to read:

SB40-CSA1,1277,22 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 2005 2007, $1,333,400 in 2006 2008, and $666,700 in the first 6 months of 2007 2009 for alcohol and other drug abuse treatment programs.

SB40-CSA1, s. 3125 Section 3125. 301.265 (title) of the statutes is repealed.

SB40-CSA1, s. 3126 Section 3126. 301.265 (1) of the statutes is renumbered 16.964 (8) (a) and amended to read:

SB40-CSA1,1278,8 16.964 (8) (a) From the appropriations under s. 20.410 (3) 20.505 (6) (d) and (kj), the department office shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the department office may enter into a contract under this subsection paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

SB40-CSA1, s. 3127 Section 3127. 301.265 (2) of the statutes is renumbered 16.964 (8) (b) and amended to read:

SB40-CSA1,1278,15 16.964 (8) (b) From the appropriation under s. 20.410 (3) (ky) 20.505 (6) (km), the department office may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under sub. (1) par. (a) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.

SB40-CSA1, s. 3128 Section 3128. 301.265 (3) of the statutes is renumbered 16.964 (8) (c) and amended to read:

SB40-CSA1,1279,12 16.964 (8) (c) From the appropriations under s. 20.410 (3) 20.505 (6) (d) and (kj), the department office shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 2 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.410 (3) 20.505 (6) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 2 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the department office may enter into a contract under this subsection paragraph without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

SB40-CSA1, s. 3128m Section 3128m. 301.286 of the statutes is created to read:

SB40-CSA1,1279,22 301.286 State identification upon release from prison. Before an individual is released from prison upon completion of his or her sentence or to parole or extended supervision, the department shall determine if the individual has an operator's license or a state identification card under ch. 343. If the individual has neither, the department shall assist the individual in applying for a state identification card under s. 343.50. The department shall determine if the individual is able to pay all or a portion of the fee under s. 343.50 (5) from the individual's general fund account. The department shall pay any portion of the fee the individual is unable to pay from the individual's general fund account.

SB40-CSA1, s. 3129 Section 3129. 301.37 (1) of the statutes is amended to read:

SB40-CSA1,1280,6 301.37 (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 children and families, all juvenile detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.

SB40-CSA1, s. 3130 Section 3130. 301.45 (7) (a) of the statutes is amended to read:

SB40-CSA1,1280,15 301.45 (7) (a) The department shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in ss. 301.03 (14) and 301.46, except as needed for law enforcement purposes and except to provide, in response to a request for information under s. 49.22 (2m) made by the department of workforce development children and families or a county child support agency under s. 59.53 (5), the name and address of an individual registered under this section, the name and address of the individual's employer and financial information related to the individual.

SB40-CSA1, s. 3131 Section 3131. 301.45 (9) of the statutes is amended to read:

SB40-CSA1,1280,20 301.45 (9) Cooperation. The department of health and family services, the department of workforce development children and families, the department of transportation and all circuit courts shall cooperate with the department of corrections in obtaining information under this section.

SB40-CSA1, s. 3132 Section 3132. 301.45 (10) of the statutes is amended to read:

SB40-CSA1,1281,2 301.45 (10) The department may require a person who must register as a sex offender and who is in its custody or on probation, parole, or extended supervision to pay an annual fee to partially offset its costs in monitoring persons on probation, parole, or extended supervision who must register as sex offenders. The department shall establish any such fee by rule, but the fee may not exceed $50 $100.