AB64-ASA1,1829 16Section 1829 . 289.31 (7) (f) of the statutes is amended to read:
AB64-ASA1,890,2517 289.31 (7) (f) If the owner or operator of a site or facility subject to an order
18under par. (d) is a municipality, the municipality is responsible for conducting any
19monitoring ordered under par. (d). The department shall, from the environmental
20fund appropriation under s. 20.370 (2) (4) (dv), reimburse the municipality for the
21costs of monitoring that exceed an amount equal to $3 per person residing in the
22municipality for each site or facility subject to an order under par. (d), except that the
23maximum reimbursement is $100,000 for each site or facility. The department shall
24exclude any monitoring costs paid under the municipality's liability insurance
25coverage in calculating the municipal cost of monitoring a site or facility.
AB64-ASA1,1830
1Section 1830. 289.43 (7) (e) 3. of the statutes is amended to read:
AB64-ASA1,891,32 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the
3appropriation under s. 20.370 (2) (4) (dg).
AB64-ASA1,1831 4Section 1831 . 289.64 (6) of the statutes is amended to read:
AB64-ASA1,891,75 289.64 (6) Use of solid waste facility siting board fees. The fees collected
6under sub. (2) shall be credited to the appropriation under s. 20.370 (2) (4) (eg) for
7transfer to the appropriation under s. 20.505 (4) (k).
AB64-ASA1,1832 8Section 1832 . 289.68 (1) of the statutes is amended to read:
AB64-ASA1,891,169 289.68 (1) Payments from the waste management fund. The department may
10expend moneys in the waste management fund only for the purposes specified under
11subs. (3) to (6) and 1991 Wisconsin Act 39, section 9142 (2w). The department may
12expend moneys appropriated under s. 20.370 (2) (4) (dq) for the purposes specified
13under subs. (3) and (5) and 1991 Wisconsin Act 39, section 9142 (2w). The
14department may expend moneys appropriated under s. 20.370 (2) (4) (dt) for the
15purposes specified under sub. (4). The department may expend moneys appropriated
16under s. 20.370 (2) (4) (dy) and (dz) for the purposes specified under sub. (6).
AB64-ASA1,1833 17Section 1833 . 289.68 (3) of the statutes is amended to read:
AB64-ASA1,891,2318 289.68 (3) Payments for long-term care after termination of proof of
19financial responsibility.
The department may spend moneys appropriated under
20s. 20.370 (2) (4) (dq) for the costs of long-term care of an approved facility for which
21the plan of operation was approved under s. 289.30 (6) before August 9, 1989, that
22accrue after the requirement to provide proof of financial responsibility expires
23under s. 289.41 (1m) (b) or (f) as authorized under s. 289.41 (11) (b) 2.
AB64-ASA1,1834 24Section 1834 . 289.68 (4) of the statutes is amended to read:
AB64-ASA1,892,4
1289.68 (4) Payment of closure and long-term care costs; forfeited bonds and
2similar moneys.
The department may utilize moneys appropriated under s. 20.370
3(2) (4) (dt) for the payment of costs associated with compliance with closure and
4long-term care requirements under s. 289.41 (11) (b) 1.
AB64-ASA1,1835 5Section 1835 . 289.68 (5) of the statutes is amended to read:
AB64-ASA1,892,86 289.68 (5) Prevention of imminent hazard. The department may utilize
7moneys appropriated under s. 20.370 (2) (4) (dq) for the payment of costs associated
8with imminent hazards as authorized under s. 289.41 (11) (c) and (cm).
AB64-ASA1,1836 9Section 1836 . 289.68 (6) of the statutes is amended to read:
AB64-ASA1,892,1210 289.68 (6) Payment of corrective action, forfeited bonds and recovered
11moneys.
The department may utilize moneys appropriated under s. 20.370 (2) (4)
12(dy) and (dz) for the payment of costs of corrective action under s. 289.41 (11) (bm).
AB64-ASA1,1837 13Section 1837 . 292.11 (6) (a) of the statutes is amended to read:
AB64-ASA1,892,1914 292.11 (6) (a) Contingency plan; activities resulting from discharges. The
15department may utilize moneys appropriated under s. 20.370 (2) (4) (dv) and (my)
16(ms) in implementing and carrying out the contingency plan developed under sub.
17(5) and to provide for the procurement, maintenance, and storage of necessary
18equipment and supplies, personnel training, and expenses incurred in identifying,
19locating, monitoring, containing, removing, and disposing of discharged substances.
AB64-ASA1,1838 20Section 1838 . 292.11 (6) (b) of the statutes is amended to read:
AB64-ASA1,892,2421 292.11 (6) (b) Limitation on equipment expenses. No more than 25 percent of
22the moneys available under the appropriation under s. 20.370 (2) (4) (dv) or (my) (ms)
23during any fiscal year may be used for the procurement and maintenance of
24necessary equipment during that fiscal year.
AB64-ASA1,1839 25Section 1839 . 292.11 (6) (c) 2. of the statutes is amended to read:
AB64-ASA1,893,3
1292.11 (6) (c) 2. Reimbursements to the department under section 311, federal
2water pollution control act amendments of 1972, P.L. 92-500, shall be credited to the
3appropriation under s. 20.370 (2) (my) (4) (ms).
AB64-ASA1,1840 4Section 1840 . 292.31 (4) of the statutes is amended to read:
AB64-ASA1,893,115 292.31 (4) Monitoring costs at nonapproved facilities owned or operated by
6municipalities.
Notwithstanding the environmental response rules under sub. (2) or
7the environmental repair authority, remedial action sequence, and emergency
8response requirements under sub. (3), the department shall pay that portion of the
9cost of any monitoring requirement which is to be paid under s. 289.31 (7) (f) from
10the appropriation under s. 20.370 (2) (4) (dv) prior to making other payments from
11that appropriation.
AB64-ASA1,1841 12Section 1841 . 292.31 (7) (am) 2. of the statutes is amended to read:
AB64-ASA1,893,2013 292.31 (7) (am) 2. The department may acquire an interest in property from
14any person as part of a remedial action conducted in cooperation with the federal
15environmental protection agency if the acquisition is necessary to implement the
16remedy. Under this subdivision, the department may acquire an interest in property
17that is necessary to ensure that restrictions on the use of land or groundwater are
18enforceable. The department may expend moneys from the appropriations under ss.
1920.370 (2) (4) (dv) and 20.866 (2) (tg) if necessary to compensate a person for an
20interest in property acquired by the department under this subdivision.
AB64-ASA1,1842 21Section 1842 . 292.31 (7) (b) of the statutes is amended to read:
AB64-ASA1,894,522 292.31 (7) (b) The department may expend moneys from the appropriations
23under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg) as required under 42 USC 9601, et seq.
24The department shall promulgate by rule criteria for the expenditure of moneys from
25the appropriations under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg). The criteria shall

1include consideration of the amount of moneys available in the appropriations under
2ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg), the moneys available from other sources for
3the required sharing of costs, the differences between public and private sites or
4facilities, the potential for cost recovery from responsible parties , and any other
5appropriate factors.
AB64-ASA1,1843 6Section 1843 . 292.41 (6) (a) of the statutes is amended to read:
AB64-ASA1,894,117 292.41 (6) (a) The department may utilize moneys appropriated under s.
820.370 (2) (4) (dv) and (my) (ms) in taking action under sub. (4). The department shall
9utilize these moneys to provide for the procurement, maintenance , and storage of
10necessary equipment and supplies, personnel training, and expenses incurred in
11locating, identifying, removing, and disposing of abandoned containers.
AB64-ASA1,1844 12Section 1844 . 292.41 (6) (b) of the statutes is amended to read:
AB64-ASA1,894,1513 292.41 (6) (b) No more than 25 percent of the total of all moneys available under
14the appropriation under s. 20.370 (2) (4) (dv) and (my) (ms) may be used annually for
15the procurement and maintenance of necessary equipment during that fiscal year.
AB64-ASA1,1845 16Section 1845 . 292.55 (2) of the statutes is amended to read:
AB64-ASA1,894,2117 292.55 (2) The department may assess and collect fees from a person to offset
18the costs of providing assistance under sub. (1). The department shall promulgate
19rules for the assessment and collection of fees under this subsection. Fees collected
20under this subsection shall be credited to the appropriation account under s. 20.370
21(2) (4) (dh).
AB64-ASA1,1846 22Section 1846 . 292.57 (2) (b) of the statutes is amended to read:
AB64-ASA1,894,2423 292.57 (2) (b) Any moneys collected under this subsection shall be credited to
24the appropriation account under s. 20.370 (2) (4) (dh).
AB64-ASA1,1847 25Section 1847 . 292.70 (7) of the statutes is amended to read:
AB64-ASA1,895,3
1292.70 (7) Review and payment. If a claim is filed under an agreement under
2sub. (2) or (3), the department shall review the claim to determine whether it is valid.
3A valid claim shall be paid from the appropriation under s. 20.370 (2) (4) (fq).
AB64-ASA1,1848 4Section 1848 . 292.94 of the statutes is amended to read:
AB64-ASA1,895,12 5292.94 Fees related to enforcement actions. The department may assess
6and collect fees from a person who is subject to an order or other enforcement action
7for a violation of s. 292.11 or 292.31 to cover the costs incurred by the department to
8review the planning and implementation of any environmental investigation or
9environmental cleanup that the person is required to conduct. The department shall
10promulgate rules for the assessment and collection of fees under this section. Fees
11collected under this section shall be credited to the appropriation account under s.
1220.370 (2) (4) (dh).
AB64-ASA1,1849m 13Section 1849m. 301.03 (21) of the statutes is created to read:
AB64-ASA1,895,1614 301.03 (21) By December 31, 2017, and every 2 years thereafter, submit a
15Wisconsin Results First Initiative report to the appropriate standing committees of
16the legislature under s. 13.172 (3).
AB64-ASA1,1850e 17Section 1850e. 301.08 (2) (e) of the statutes is amended to read:
AB64-ASA1,895,2018 301.08 (2) (e) The Except as provided in par. (em), the purchaser shall recover
19from provider agencies money paid in excess of the conditions of the contract from
20subsequent payments made to the provider.
AB64-ASA1,1850f 21Section 1850f. 301.08 (2) (em) of the statutes is created to read:
AB64-ASA1,895,2222 301.08 (2) (em) 1. In this paragraph:
AB64-ASA1,896,323 a. “Provider" means a nonstock corporation organized under ch. 181 that is a
24nonprofit corporation, as defined in s. 181.0103 (17), and that contracts under this
25section to provide client services on the basis of a unit rate per client service or a

1county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that contracts
2under this section to provide client services on the basis of a unit rate per client
3service.
AB64-ASA1,896,84 b. “Rate-based service" means a service or a group of services, as determined
5by the department, that is reimbursed through a prospectively set rate and that is
6distinguishable from other services or groups of services by the purpose for which
7funds are provided for that service or group of services and by the source of funding
8for that service or group of services.
AB64-ASA1,896,149 2. If revenue under a contract for the provision of a rate-based service exceeds
10allowable costs incurred in the contract period, the contract shall allow the provider
11to retain from the surplus up to 5 percent of the revenue received under the contract
12unless a uniform rate is established by rule under subd. 6., in which case the contract
13shall allow the provider to retain the uniform percentage rate established by the rule.
14The retained surplus is the property of the provider.
AB64-ASA1,896,2515 3. If on December 31 of any year the provider's accumulated surplus from all
16contract periods ending during that year for a rate-based service exceeds the
17allowable retention rate under subd. 2., the provider shall provide written notice of
18that excess to all purchasers of the rate-based service. Upon the written request of
19such a purchaser received no later than 6 months after the date of the notice, the
20provider shall refund the purchaser's proportional share of that excess. If the
21department determines based on an audit or fiscal review that the amount of the
22excess identified by the provider was incorrect, the department may seek to recover
23funds after the 6-month period has expired. The department shall commence any
24audit or fiscal review under this subdivision within 6 years after the end of the
25contract period.
AB64-ASA1,897,7
14. Notwithstanding subd. 2., a county department under s. 46.215 providing
2client services in a county having a population of 750,000 or more or a nonstock,
3nonprofit corporation providing client services in such a county may not retain a
4surplus generated by a rate-based service or accumulate funds from more than one
5contract period for a rate-based service from revenues that are used to meet the
6maintenance-of-effort requirement under the federal temporary assistance for
7needy families program under 42 USC 601 to 619.
AB64-ASA1,897,158 5. All providers that are subject to this paragraph shall comply with any
9financial reporting and auditing requirements that the department may prescribe.
10Those requirements shall include a requirement that a provider provide to any
11purchaser and the department any information that the department needs to claim
12federal reimbursement for the cost of any services purchased from the provider and
13a requirement that a provider provide audit reports to any purchaser and the
14department according to standards specified in the provider's contract and any other
15standards that the department may prescribe.
AB64-ASA1,897,1816 6. The department, in consultation with the department of health services and
17the department of children and families, shall promulgate rules to implement this
18paragraph including all of the following:
AB64-ASA1,897,2319 a. Requiring that contracts for rate-based services under this subsection allow
20a provider to retain from any surplus revenue up to 5 percent of the total revenue
21received under the contract, or a different percentage rate determined by the
22department. The percentage rate established under this subd. 6. a. shall apply
23uniformly to all rate-based service contracts under this paragraph.
AB64-ASA1,897,2524 b. Establishing a procedure for reviewing rate-based service contracts to
25determine whether a contract complies with the provisions of this paragraph.
AB64-ASA1,1851
1Section 1851. 301.16 (1r) of the statutes is amended to read:
AB64-ASA1,898,92 301.16 (1r) In addition to the institutions under sub. (1), the department shall
3establish a medium security correctional institution for persons 15 years of age or
4over, but not more than 24 years of age, who have been placed in a state prison under
5s. 302.01. The medium security correctional institution under this subsection shall
6be known as the Racine Youthful Offender Correctional Facility and shall be located
7at the intersection of Albert Street and North Memorial Drive in the city of Racine.
8The department shall limit the number of prisoners who may be placed at the Racine
9Youthful Offender Correctional Facility to no more than 450 500 at any one time.
AB64-ASA1,1851g 10Section 1851g. 301.16 (1ww) of the statutes is created to read:
AB64-ASA1,898,1311 301.16 (1ww) In addition to the institutions under sub. (1), the department
12shall establish a geriatric correctional institution, as enumerated in 2017 Wisconsin
13Act .... (this act), section 9104 (1) (c) 1. d.
AB64-ASA1,1851r 14Section 1851r. 301.18 (1) (h) of the statutes is created to read:
AB64-ASA1,898,1615 301.18 (1) (h) Provide the facilities necessary for the geriatric correctional
16institution established under s. 301.16 (1ww).
AB64-ASA1,1854 17Section 1854 . 301.26 (4) (d) 2. of the statutes, as affected by 2015 Wisconsin
18Act 55
, section 4270, is repealed and recreated to read:
AB64-ASA1,898,2219 301.26 (4) (d) 2. Beginning on July 1, 2017, and ending on June 30, 2018, the
20per person daily cost assessment to counties shall be $390 for care in a Type 1
21juvenile correctional facility, as defined in s. 938.02 (19), and $390 for care for
22juveniles transferred from a juvenile correctional institution under s. 51.35 (3).
AB64-ASA1,1855 23Section 1855 . 301.26 (4) (d) 3. of the statutes, as affected by 2015 Wisconsin
24Act 55
, section 4272, is repealed and recreated to read:
AB64-ASA1,899,4
1301.26 (4) (d) 3. Beginning on July 1, 2018, and ending on June 30, 2019, the
2per person daily cost assessment to counties shall be $397 for care in a Type 1
3juvenile correctional facility, as defined in s. 938.02 (19), and $397 for care for
4juveniles transferred from a juvenile correctional institution under s. 51.35 (3).
AB64-ASA1,1855m 5Section 1855m. 302.01 (1) (k) of the statutes is created to read:
AB64-ASA1,899,76 302.01 (1) (k) The geriatric correctional institution authorized under s. 301.16
7(1ww).
AB64-ASA1,1856c 8Section 1856c. 302.05 (title) of the statutes is amended to read:
AB64-ASA1,899,9 9302.05 (title) Wisconsin substance abuse rehabilitation program.
AB64-ASA1,1856e 10Section 1856e. 302.05 (1) (am) (intro.) and (b) of the statutes are consolidated,
11renumbered 302.05 (1) and amended to read:
AB64-ASA1,899,2212 302.05 (1) The department of corrections and the department of health services
13may designate a section of a mental health institute as a correctional treatment
14facility for the treatment of substance abuse of inmates transferred from Wisconsin
15state prisons. This section shall be administered by the department of corrections
16and shall be known as the Wisconsin substance abuse program. The department of
17corrections and the department of health services shall ensure that the residents at
18the institution and the residents in the substance abuse program: (b) The
19department of corrections and the department of health services
shall, at any
20correctional facility the departments determine department determines is
21appropriate, provide a substance abuse treatment rehabilitation program for
22inmates for the purposes of the program described in sub. (3).
AB64-ASA1,1856f 23Section 1856f. 302.05 (1) (am) 1. and 2. of the statutes are repealed.
AB64-ASA1,1856g 24Section 1856g. 302.05 (2) of the statutes is amended to read:
AB64-ASA1,900,3
1302.05 (2) Transfer to a correctional treatment facility for the treatment of
2substance abuse
participation in a rehabilitation program described in sub. (1) shall
3be considered a transfer under s. 302.18.
AB64-ASA1,1857b 4Section 1857b. 302.05 (3) (b) of the statutes is amended to read:
AB64-ASA1,900,125 302.05 (3) (b) Except as provided in par. (d), if the department determines that
6an eligible inmate serving a sentence other than one imposed under s. 973.01 has
7successfully completed a treatment rehabilitation program described in sub. (1), the
8parole commission shall parole the inmate for that sentence under s. 304.06,
9regardless of the time the inmate has served. If the parole commission grants parole
10under this paragraph, it shall require the parolee to participate in an intensive
11supervision program for drug abusers appropriate to the parolee's rehabilitation
12needs
as a condition of parole.
AB64-ASA1,1857c 13Section 1857c. 302.05 (3) (c) 1. of the statutes is amended to read:
AB64-ASA1,900,1814 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines
15that an eligible inmate serving the term of confinement in prison portion of a
16bifurcated sentence imposed under s. 973.01 has successfully completed a treatment
17rehabilitation program described in sub. (1), the department shall inform the court
18that sentenced the inmate.
AB64-ASA1,1857e 19Section 1857e. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
AB64-ASA1,900,2320 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd.
211. that an inmate whom the court sentenced under s. 973.01 has successfully
22completed a treatment rehabilitation program described in sub. (1), the court shall
23modify the inmate's bifurcated sentence as follows:
AB64-ASA1,1857f 24Section 1857f. 302.05 (3) (d) of the statutes is amended to read:
AB64-ASA1,901,3
1302.05 (3) (d) The department may place intensive sanctions program
2participants in a treatment rehabilitation program described in sub. (1), but pars. (b)
3and (c) do not apply to those participants.
AB64-ASA1,1857h 4Section 1857h. 302.05 (3) (e) of the statutes is amended to read:
AB64-ASA1,901,175 302.05 (3) (e) If an inmate is serving the term of confinement portion of a
6bifurcated sentence imposed under s. 973.01, the sentence was imposed before July
726, 2003
the effective date of this paragraph .... [LRB inserts date], and the inmate
8satisfies the criteria under par. (a) 1., the inmate may, with the department's
9approval, petition the sentencing court to determine whether he or she is eligible or
10ineligible to participate in the earned release program under this subsection during
11the term of confinement. The inmate shall serve a copy of the petition on the district
12attorney who prosecuted him or her, and the district attorney may file a written
13response. The court shall exercise its discretion in granting or denying the inmate's
14petition but must do so no later than 90 days after the inmate files the petition. If
15the court determines under this paragraph that the inmate is eligible to participate
16in the earned release program, the court shall inform the inmate of the provisions
17of par. (c).
AB64-ASA1,1892c 18Section 1892c. 323.29 (title) of the statutes is created to read:
AB64-ASA1,901,20 19323.29 (title) Statewide public safety interoperable communication
20system.
AB64-ASA1,1892g 21Section 1892g. 323.29 (1) (title) of the statutes is created to read:
AB64-ASA1,901,2222 323.29 (1) (title) Definitions.
AB64-ASA1,1892L 23Section 1892L. 323.29 (1) (am) of the statutes is created to read:
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