AB40-ASA1,1126,2221 1. "Electric generating source" means a stationary source the primary purpose
22of which is to generate electricity.
AB40-ASA1,1127,223 2. "Federal construction permit source" means a stationary source that was
24subject to a major source construction permit requirement necessary to implement

1the requirements of 42 USC 7470 to 7492 or 42 USC 7501 to 7515 for any portion of
2the preceding year.
AB40-ASA1,1127,63 3. "Maximum achievable control technology source" means a stationary source
4that was subject to regulation under 42 USC 7412 for any portion of the preceding
5year, except for a stationary source that was subject solely to regulation under 42
6USC 7412
(d) (5) or (r).
AB40-ASA1,1127,97 4. "New source performance standards source" means a stationary source that
8was subject to regulation under 42 USC 7411 or 7429 (a) for any portion of the
9preceding year.
AB40-ASA1,1127,1310 (b) Annually, beginning in 2014, in addition to the fees under sub. (2), the owner
11or operator of a stationary source for which an operation permit was required under
12the federal clean air act for any portion of the preceding year shall pay the sum of the
13following:
AB40-ASA1,1127,1414 1. A base fee in the following amount:
AB40-ASA1,1127,1615 a. If in the preceding year the stationary source emitted not more than 10 tons
16of the air contaminants on which the fee under sub. (2) (a) is based, $900.
AB40-ASA1,1127,1917 b. If in the preceding year the stationary source emitted more than 10 tons but
18not more than 25 tons of the air contaminants on which the fee under sub. (2) (a) is
19based, $1,300.
AB40-ASA1,1127,2220 c. If in the preceding year the stationary source emitted more than 25 tons but
21not more than 50 tons of the air contaminants on which the fee under sub. (2) (a) is
22based, $1,600.
AB40-ASA1,1127,2523 d. If in the preceding year the stationary source emitted more than 50 tons but
24not more than 80 tons of the air contaminants on which the fee under sub. (2) (a) is
25based, $2,300.
AB40-ASA1,1128,2
1e. If in the preceding year the stationary source emitted more than 80 tons of
2the air contaminants on which the fee under sub. (2) (a) is based, $3,000.
AB40-ASA1,1128,43 2. If the stationary source is a maximum achievable control technology source,
4a fee of $960.
AB40-ASA1,1128,65 3. If the stationary source is a new source performance standards source, a fee
6of $960.
AB40-ASA1,1128,87 4. If the stationary source is a federal construction permit source, a fee of
8$1,500.
AB40-ASA1,1128,119 5. If the stationary source is an electric generating source that is not publicly
10owned and that included a coal-fired generating unit for any portion of the preceding
11year, a fee of $46,980.
AB40-ASA1,1128,1412 (c) The fees collected under this subsection shall be credited to the
13appropriation accounts under s. 20.370 (2) (bg), (3) (bg), (8) (mg), and (9) (mh) for the
14purposes in sub. (2) (c) 1. and 2.
AB40-ASA1,1128,1615 (d) The department may promulgate rules for the payment and collection of the
16fees required under this subsection.
AB40-ASA1,2121 17Section 2121. 285.69 (2m) (a) of the statutes is amended to read:
AB40-ASA1,1128,2118 285.69 (2m) (a) The owner or operator of a stationary source for which an
19operation permit is required under s. 285.60 but not under the federal clean air act
20shall pay to the department a fee of $300 $400 per year, except as provided in par.
21(b).
AB40-ASA1,2121e 22Section 2121e. 285.72 of the statutes is created to read:
AB40-ASA1,1129,4 23285.72 Air quality monitoring station. From the appropriation under s.
2420.370 (2) (ce), the department shall fund the construction, operation, and
25maintenance of an air quality monitoring station in a county identified in its entirety

1as a nonattainment area for the 2008 8-hour national ambient air quality standard
2for ozone under 40 CFR 50.15 for the purpose of assessing ozone concentrations. The
3department may designate the monitoring station as a special purpose monitor
4under 40 CFR 58.20.
AB40-ASA1,2122 5Section 2122. 292.11 (2) (e) of the statutes is repealed.
AB40-ASA1,2123 6Section 2123. 292.11 (7) (a) of the statutes is amended to read:
AB40-ASA1,1129,127 292.11 (7) (a) Subject to ss. s. 94.73 (2m) and 101.144 (3), in any case where
8action required under sub. (3) is not being adequately taken or the identity of the
9person responsible for the discharge is unknown, the department or its authorized
10representative may identify, locate, monitor, contain, remove or dispose of the
11hazardous substance or take any other emergency action which it deems appropriate
12under the circumstances.
AB40-ASA1,2124 13Section 2124. 292.11 (7) (c) of the statutes is amended to read:
AB40-ASA1,1129,1714 292.11 (7) (c) Subject to ss. s. 94.73 (2m) and 101.144 (3), the department, for
15the protection of public health, safety or welfare, may issue an emergency order or
16a special order to the person possessing, controlling or responsible for the discharge
17of hazardous substances to fulfill the duty imposed by sub. (3).
AB40-ASA1,2125 18Section 2125. 292.12 (1) (a) of the statutes is amended to read:
AB40-ASA1,1129,2419 292.12 (1) (a) "Agency with administrative authority" means the department
20of agriculture, trade and consumer protection with respect to a site over which it has
21jurisdiction under s. 94.73 (2), the department of safety and professional services
22with respect to a site over which it has jurisdiction under s. 101.144 (2) (a),
or the
23department of natural resources with respect to a site over which it has jurisdiction
24under s. 292.11 (7).
AB40-ASA1,2126 25Section 2126. 292.31 (7) (d) of the statutes is created to read:
AB40-ASA1,1130,6
1292.31 (7) (d) The department may enter into an agreement with a responsible
2party under the federal Comprehensive Environmental Response, Compensation,
3and Liability Act, 42 USC 9601 to 9675, to provide management and technical
4support for a remedial action under the act. A responsible party shall reimburse the
5department for the costs the department incurs under an agreement, using the
6hourly billing rate calculated under s. NR 750.07 (2), Wis. Adm. Code.
AB40-ASA1,2127 7Section 2127. 292.99 (1) of the statutes is amended to read:
AB40-ASA1,1130,128 292.99 (1) Except as provided under sub. (1m) and s. 292.63 (10), any person
9who violates this chapter or any rule promulgated or any plan approval, license or
10special order issued under this chapter shall forfeit not less than $10 nor more than
11$5,000 for each violation. Each day of continued violation is a separate offense.
12While an order is suspended, stayed or enjoined, this penalty does not accrue.
AB40-ASA1,2128 13Section 2128. 299.07 (1) (a) 6m. of the statutes is created to read:
AB40-ASA1,1130,1414 299.07 (1) (a) 6m. A certification or registration under s. 292.63 (2) (g).
AB40-ASA1,2129 15Section 2129. 299.08 (1) (a) 6m. of the statutes is created to read:
AB40-ASA1,1130,1616 299.08 (1) (a) 6m. A certification or registration under s. 292.63 (2) (g).
AB40-ASA1,2130 17Section 2130. 299.09 (1) of the statutes is amended to read:
AB40-ASA1,1130,2118 299.09 (1) In this section, "approval" means a well driller license under s.
19280.15 (2m), certification for an incinerator operator under s. 285.51 (2), or
20certification for an operator of a solid waste disposal facility under s. 289.42 (1), or
21certification of a consultant under s. 292.63 (2) (g)
.
AB40-ASA1,2131 22Section 2131. 301.08 (1) (c) 4. of the statutes is amended to read:
AB40-ASA1,1130,2523 301.08 (1) (c) 4. If the department collects any moneys from a vendor under a
24contract under subd. 2., the department shall credit those moneys to the
25appropriation account under s. 20.410 (1) (ge) (gf).
AB40-ASA1,2132
1Section 2132. 301.235 (2) (a) 1. of the statutes is amended to read:
AB40-ASA1,1131,72 301.235 (2) (a) 1. Without limitation by reason of any other statute except s.
3ss. 13.48 (14) (am) and 16.848 (1), the power to sell and to convey title in fee simple
4to a nonprofit corporation any land and any existing buildings thereon owned by, or
5owned by the state and held for, the department or any of the institutions under the
6jurisdiction of the department for such consideration and upon such terms and
7conditions as in the judgment of the secretary are in the public interest.
AB40-ASA1,2133 8Section 2133. 301.24 (4) of the statutes is amended to read:
AB40-ASA1,1131,159 301.24 (4) Sales. Except where a sale occurs under s. 13.48 (14) (am) or 16.848
10(1), the department, with the approval of the building commission, may sell and
11convey such lands under the jurisdiction of the department as the secretary deems
12to be in excess of the present or future requirements of the department for either the
13operation of its facilities or programs, for the maintenance of buffer zones adjacent
14to its facilities or for other public purposes. The proceeds of the sales shall be credited
15to the state building trust fund.
AB40-ASA1,2134 16Section 2134. 301.24 (4m) of the statutes is amended to read:
AB40-ASA1,1131,2317 301.24 (4m) Correctional institution property disposition. In addition to
18any other requirements under this section, except where a sale occurs under s. 13.48
19(14) (am) or
16.848 (1), the department may sell or otherwise transfer or dispose of
20the property acquired for the correctional institution under s. 46.05 (1o), 1985 stats.,
21only if the sale, transfer or disposition is approved by the joint committee on finance.
22The department shall submit a plan for any such proposed sale, transfer or
23disposition to the committee.
AB40-ASA1,2135 24Section 2135. 301.26 (4) (d) 2. of the statutes is amended to read:
AB40-ASA1,1132,6
1301.26 (4) (d) 2. Beginning on July 1, 2011 2013, and ending on June 30, 2012
22014, the per person daily cost assessment to counties shall be $284 $294 for care in
3a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $284 $294 for care
4for juveniles transferred from a juvenile correctional institution under s. 51.35 (3),
5$99 $125 for departmental corrective sanctions services, and $40 $41 for
6departmental aftercare services.
AB40-ASA1,2136 7Section 2136. 301.26 (4) (d) 3. of the statutes is amended to read:
AB40-ASA1,1132,138 301.26 (4) (d) 3. Beginning on July 1, 2012 2014, and ending on June 30, 2013
92015, the per person daily cost assessment to counties shall be $289 $301 for care in
10a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $289 $301 for care
11for juveniles transferred from a juvenile correctional institution under s. 51.35 (3),
12$100 $128 for departmental corrective sanctions services, and $40 $41 for
13departmental aftercare services.
AB40-ASA1,2137 14Section 2137. 301.26 (4) (e) of the statutes is amended to read:
AB40-ASA1,1132,1915 301.26 (4) (e) For foster care, group home care, and institutional child care to
16alternate care services for delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4)
17and (14), and 938.52 all payments and deductions made under this subsection and
18uniform fee collections under s. 301.03 (18) shall be credited to the appropriation
19account under s. 20.410 (3) (ho).
AB40-ASA1,2138 20Section 2138. 301.26 (4) (ed) of the statutes is amended to read:
AB40-ASA1,1132,2421 301.26 (4) (ed) For foster care, group home care, and institutional child care to
22alternate care services for serious juvenile offenders under ss. 49.19 (10) (d), 938.48
23(4) and (14), and 938.52 all uniform fee collections under s. 301.03 (18) shall be
24credited to the appropriation account under s. 20.410 (3) (ho).
AB40-ASA1,2139 25Section 2139. 301.26 (7) (intro.) of the statutes is amended to read:
AB40-ASA1,1133,5
1301.26 (7) Allocations of funds. (intro.) Within the limits of the availability
2of the appropriations under s. 20.410 (3) (cd) and (ko), the department shall allocate
3funds for community youth and family aids for the period beginning on July 1, 2011
42013, and ending on June 30, 2013 2015, as provided in this subsection to county
5departments under ss. 46.215, 46.22, and 46.23 as follows:
AB40-ASA1,2140 6Section 2140. 301.26 (7) (a) of the statutes is amended to read:
AB40-ASA1,1133,97 301.26 (7) (a) For community youth and family aids under this section,
8amounts not to exceed $45,478,000 for the last 6 months of 2011 2013, $90,956,100
9for 2012 2014, and $45,478,100 for the first 6 months of 2013 2015.
AB40-ASA1,2141 10Section 2141. 301.26 (7) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,1133,1411 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall
12allocate $2,000,000 for the last 6 months of 2011 2013, $4,000,000 for 2012 2014, and
13$2,000,000 for the first 6 months of 2013 2015 to counties based on each of the
14following factors weighted equally:
AB40-ASA1,2142 15Section 2142. 301.26 (7) (b) 2. of the statutes is amended to read:
AB40-ASA1,1133,1916 301.26 (7) (b) 2. Each county's proportion of the total Part I juvenile arrests
17reported statewide under the uniform crime reporting system of the office of justice
18assistance
department of justice during the most recent 3-year period for which that
19information is available.
AB40-ASA1,2143 20Section 2143. 301.26 (7) (bm) of the statutes is amended to read:
AB40-ASA1,1134,221 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall
22allocate $6,250,000 for the last 6 months of 2011 2013, $12,500,000 for 2012 2014,
23and $6,250,000 for the first 6 months of 2013 2015 to counties based on each county's
24proportion of the number of juveniles statewide who are placed in a juvenile

1correctional facility during the most recent 3-year period for which that information
2is available.
AB40-ASA1,2144 3Section 2144. 301.26 (7) (c) of the statutes is amended to read:
AB40-ASA1,1134,104 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate
5$1,053,200 for the last 6 months of 2011 2013, $2,106,500 for 2012 2014, and
6$1,053,300 for the first 6 months of 2013 2015 to counties based on each of the factors
7specified in par. (b) 1. to 3. weighted equally, except that no county may receive an
8allocation under this paragraph that is less than 93% nor more than 115% of the
9amount that the county would have received under this paragraph if the allocation
10had been distributed only on the basis of the factor specified in par. (b) 3.
AB40-ASA1,2145 11Section 2145. 301.26 (7) (e) of the statutes is amended to read:
AB40-ASA1,1134,1612 301.26 (7) (e) For emergencies related to community youth and family aids
13under this section, amounts not to exceed $125,000 for the last 6 months of 2011 2013,
14$250,000 for 2012 2014, and $125,000 for the first 6 months of 2013 2015. A county
15is eligible for payments under this paragraph only if it has a population of not more
16than 45,000.
AB40-ASA1,2146 17Section 2146. 301.26 (7) (h) of the statutes is amended to read:
AB40-ASA1,1135,218 301.26 (7) (h) For counties that are participating in the corrective sanctions
19program under s. 938.533 (2), $1,062,400 in the last 6 months of 2011 2013,
20$2,124,800 in 2012 2014, and $1,062,400 in the first 6 months of 2013 2015 for the
21provision of corrective sanctions services for juveniles from that county. In
22distributing funds to counties under this paragraph, the department shall determine
23a county's distribution by dividing the amount allocated under this paragraph by the
24number of slots authorized for the program under s. 938.533 (2) and multiplying the
25quotient by the number of slots allocated to that county by agreement between the

1department and the county. The department may transfer funds among counties as
2necessary to distribute funds based on the number of slots allocated to each county.
AB40-ASA1,2147 3Section 2147. 301.26 (8) of the statutes is amended to read:
AB40-ASA1,1135,74 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the
5allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last
66 months of 2011 2013, $1,333,400 in 2012 2014, and $666,700 in the first 6 months
7of 2013 2015 for alcohol and other drug abuse treatment programs.
AB40-ASA1,2148 8Section 2148. 301.263 (3) of the statutes is amended to read:
AB40-ASA1,1135,219 301.263 (3) The department shall distribute 33% of the amounts distributed
10under sub. (1) based on each county's proportion of the violent Part I juvenile arrests
11reported statewide under the uniform crime reporting system of the office of justice
12assistance in the department of administration
department of justice, during the
13most recent 2-year period for which that information is available. The department
14shall distribute 33% of the amounts distributed under sub. (1) based on each county's
15proportion of the number of juveniles statewide who are placed in a juvenile
16correctional facility or a secured residential care center for children and youth during
17the most recent 2-year period for which that information is available. The
18department shall distribute 34% of the amounts distributed under sub. (1) based on
19each county's proportion of the total Part I juvenile arrests reported statewide under
20the uniform crime reporting system of the office of justice assistance department of
21justice
, during the most recent 2-year period for which that information is available.
AB40-ASA1,2149 22Section 2149. 301.27 (1) of the statutes is amended to read:
AB40-ASA1,1136,623 301.27 (1) Charges. In compliance with the compensation plan established
24under s. 230.12 (3), the department may make and determine charges for meals,
25living quarters, laundry, and other services furnished to employees of the state

1correctional institutions and members of the employee's family maintained as such.
2All moneys received from each person on account of these services shall be used for
3operation of the institutions under s. 20.410 (1) (a) and (3) (a), and (hm) and (j). If
4a chaplain employed in any institution administered by the department is not
5furnished a residence by the state, $1,800 or 20% of the chaplain's salary, whichever
6is greater, is designated as his or her housing allowance.
AB40-ASA1,2150 7Section 2150. 301.32 (1) of the statutes is amended to read:
AB40-ASA1,1137,28 301.32 (1) Property delivered to warden or superintendent; credit and debit.
9All money and other property delivered to an employee of any state correctional
10institution for the benefit of a prisoner or resident shall be delivered to the warden
11or superintendent, who shall enter the property upon his or her accounts to the credit
12of the prisoner or resident. The property may be used only under the direction and
13with the approval of the superintendent or warden and for the crime victim and
14witness assistance surcharge under s. 973.045 (4), the delinquency victim and
15witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid
16analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s.
17973.042, the drug offender diversion surcharge under s. 973.043, or the benefit of the
18prisoner or resident. If the money remains uncalled for for one year after the
19prisoner's or resident's death or departure from the state correctional institution, the
20superintendent shall deposit it in the general fund. If any prisoner or resident leaves
21property, other than money, uncalled for at a state correctional institution for one
22year, the superintendent shall sell the property and deposit the proceeds in the
23general fund, donate the property to a public agency or private, nonprofit
24organization or destroy the property. If any person satisfies the department, within
255 years after the deposit, of his or her right to the deposit, the department shall direct

1the department of administration to draw its warrant in favor of the claimant and
2it shall charge the same to the appropriation made by s. 20.913 (3) (bm).
AB40-ASA1,2151 3Section 2151. 301.32 (3) (a) of the statutes is renumbered 301.32 (3).
AB40-ASA1,2152 4Section 2152. 301.32 (3) (b) of the statutes is repealed.
AB40-ASA1,2153 5Section 2153. 301.32 (3) (c) of the statutes is repealed.
AB40-ASA1,2154 6Section 2154. 302.04 of the statutes is amended to read:
AB40-ASA1,1137,13 7302.04 Duties of warden and superintendents. Except as provided in s.
8ss. 13.48 (14) (am) and 16.848 (1), the warden or the superintendent of each state
9prison shall have charge and custody of the prison and all lands, belongings,
10furniture, implements, stock and provisions and every other species of property
11within the same or pertaining thereto. The warden or superintendent shall enforce
12the rules of the department for the administration of the prison and for the
13government of its officers and the discipline of its inmates.
AB40-ASA1,2155 14Section 2155. 302.12 (2) of the statutes is amended to read:
AB40-ASA1,1137,2215 302.12 (2) Money accruing under this section remains under the control of the
16department, to be used for the crime victim and witness assistance surcharge under
17s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the
18drug offender diversion surcharge under s. 973.043, and the benefit of the inmate or
19the inmate's family or dependents, under rules promulgated by the department as
20to time, manner and amount of disbursements. The rules shall provide that the
21money be used for the reasonable support of the inmate's family or dependents before
22it is allocated for the drug offender diversion surcharge.
AB40-ASA1,2156 23Section 2156. 302.13 of the statutes is amended to read:
AB40-ASA1,1138,5 24302.13 Preservation of property an inmate brings to prison. The
25department shall preserve money and effects, except clothes, in the possession of an

1inmate when admitted to the prison and, subject to the crime victim and witness
2assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis
3surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042,
4and the drug offender diversion surcharge under s. 973.043, shall restore the money
5and effects to the inmate when discharged.
AB40-ASA1,2157 6Section 2157. 302.43 of the statutes is amended to read:
AB40-ASA1,1138,22 7302.43 Good time. Every inmate of a county jail is eligible to earn good time
8in the amount of one-fourth of his or her term for good behavior if sentenced to at
9least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
10for time served prior to sentencing under s. 973.155, including good time under s.
11973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
12or refuses to perform any duty lawfully required of him or her, may be deprived by
13the sheriff of good time under this section, except that the sheriff shall not deprive
14the inmate of more than 2 days good time for any one offense without the approval
15of the court. An inmate who files an action or special proceeding, including a petition
16for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
17the number of days of good time specified in the court order prepared under s. 807.15
18(3). This section does not apply to a person who is confined in the county jail in
19connection with his or her participation in a substance abuse treatment program
20that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the
21office of justice assistance department of justice under s. 16.964 (12) (j) 165.95 (9) and
22(10)
.
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